12/04/1990 - City Council RegularAGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
DECEMBER 4, 1990
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
A. FIRE DEPARTMENT
P1. Official Recognition of Craig Jensen as Night Battalion Chief
B. PUBLIC WORKS DEPARTMENT
1. Fairway Hills Drainage Concerns (Lots 8-12, Block 1)
IV. 6:55 - CONSENT AGENDA (PINK)
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A. PERSONNEL ITEMS
I 2'1 B. SCHEDULE Public Hearing to Assess Delinquent SAC Charges, Mermaid Car Wash
P ,si.C. FINAL PLAT, Wescott Square
CONTRACT 89-13, Change Order #5 (Cliff Road Water Treatment Facility)
'301E . CONTRACT 90-04 (Rahn Road), Change Order #5 (Country Home Heights - Storm Sewer)
P�2QF. CONTRACT 87 -CCC, Acknowledge Completion (Eagan Royale - Streets & Utilities)
J� V. 7:00 - PUBLIC HEARINGS (SALMON)
P,31 A. 1991 Property Tax Levy and General Fund Budget
VI. OLD BUSINESS (ORCHID)
p.14q A. CONSIDER Seneca Mediation Recommendations
43B. AGREEMENT for Final Plat, Tranby 1st Addition
VII. NEW BUSINESS (TAN)
SA. ADOPT 1991 Comprehensive Fee Schedule
Pp,Cok B. EXTENSION, Preliminary Plat for Ss. Martha & Mary Episcopal Church, Lexington and
11 Diffley
I� C. PETITION to Study Request for Park in Violet Lane & Federal Drive Neighborhood, NE 1/4
of Sec 16
D. VARIANCE, Kraft/American, of 5% to Lot Coverage Requirements in LI Zoning District of
WOE.35%, Located at 2864 Eagandale Blvd in S 1/2 of Sec 3
i O E. CONDITIONAL USE PERMIT, Anna Chung's Restaurant, to Allow On -Sale Wine and 3.2 Beer
in a CSC (Community Shopping Center) District on Lot 2, Block 1, Cliff Lake Centre
74 Addition Located Along Cliff Lake Road in the SW 1/4 of Sec 29
P�)e F. LICENSE, Anna Chung's Restaurant, Wine and 3.2 Beer, Lot 2, Block 1, Cliff Lake Centre Addition
CONDITIONAL USE PERMIT, Margaret 0. Phillips, to Allow a Hair Salon in an R-1 (Single
Family) District on Lot 34, Block 3, Engstrom's Deerwood Addition Located in the SE
1/4 of Sec 21
n,t43 H. COMPREHENSIVE GUIDE PLAN AMENDMENT, Hoeft Addition/Lowell Bahrke, Changing the Land
Y Use Designation from D -III (Mixed Residential, 6-12 Units Per Acre) to D -I (Single
Family, 0-3 Units Per Acre) a REZONING of Approximately 2.1 R-4 (Multiple) Acres to
an R-1 (Single Family) District and a Preliminary Plat Consisting of Four Lots Located
Along the South Side of Highway 55 in the North 1/2 of Sec 12
VIII. ADDITIONAL ITEMS (GOLD)
IR. ADMINISTRATIVE AGENDA (GREEN)
X. VISITORS TO BE HEARD (for those persons not on agenda)
XI. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 13, 1990
SUBJECT: AGENDA INFORMATION FOR DECEMBER 18, 1990 CITY COUNCIL
MEETING
A. DEPARTMENT OF PARKS AND RECREATION:
Item 1. President's Award for Park Rangers Program, Minnesota Park Supervisors
Association --The Eagan Park Rangers Program has been recognized by the Minnesota Park
Supervisors Association as the recipient of its 'President's Award" for new and innovative
ideas for park services.
Item 2. Citation Award for Park Rangers Program, Minnesota Recreation and Park
Association --The Park Ranger Explorer Program is also being recognized by the Minnesota
Recreation and Park Association as the recipient of its "Citation Award" for creative
recreation programs, park developments, or other services of merit to the community. The
Parks and Recreation Department has received this distinguished award previously for park
shelter design for Thomas Lake Park, the cooperative Ground Pounders running series and
the Passport to Good Health program. A representative of the MR -PA will be at the
December 18, 1990 City Council meeting to present the Citation Award to the Mayor and
City Council.
Agenda Information Memo
December 18, 1990 City Council Meeting
Item 3. 1991 Annual Compensation and Benefit Adjustments for Non -Collective Bargaining
Employees -- Throughout the budget deliberations for 1991, the Council has considered in
detail various alternatives for compensation and benefit adjustments for 1991. The following
items are to be considered for official approval at the December 18, 1990 City Council
meeting. All figures quoted are those that are contained in the approved 1991 City of
Eagan budget:
a. A 4% increase adjustment will be made to the City's current compensation
plan for all regular non -collective bargaining employees, full and part-time.
Not only is this the figure approved with the 1991 budget, the staff has also
surveyed other comparable municipalities and the vast majority have passed
or are planning a 4% increase for their employees. In addition, it is
consistent with the compensation settlement the City has reached with the
clerical bargaining group.
b. Election judges' compensation shall be $5.00 for judges and $5.50 for precinct
chairs. This is the figure from the 1991 budget.
C. The City's contribution for health insurance premiums for 1990 to be the total
premium for employee only coverage or $262.76 for employee plus dependent
coverage for those employees choosing such coverage. This amount is an
increase over the 1990 amount of half of the lowest percentage increase of
any provider. The lowest percentage increase was 14.5%. Therefore, the
$262.76 figure is an increase of 7.25%. This is also the amount approved with
the clerical bargaining agreement.
d. Car allowances for those employees receiving same will increase at 4% to be
consistent with compensation increases.
e. The City's mileage rate will be adjusted to correspond to that of the IRS, $
.26 per mile.
L 1991 compensation rates for seasonal and temporary employees are currently
in the final stages of preparation for Council approval. Detailed information
concerning these rates will be forwarded to the Council with the
Administrative Agenda packet on Monday.
g. All other benefits will remain at the 1990 level.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the compensation and
benefit adjustments for non -collective bargaining employees for 1991 as listed above.
Agenda Information Memo
December 18, 1990 City Council Meeting
'S`E';
There are twenty-three (23) 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.
A. PERSONNEL ITEMS:
Item 1. Winter Recreation Leaders --For the Council's information, City Administrator
Hedges has approved the hiring of the following seasonal winder recreation leaders. This
approval was necessary because the persons involved were interviewed after the last Council
meeting for positions which began with an orientation meeting on December 13, 1990. The
persons hired were:
Ross Anderson
Joe Rossini
Brad Corl
Josh Sadek
Seth Gilbert
Nancy Stachel
Rob Helebrant
Dan St. Peter
Martha Henderson
Joe Thull
Shelagh More
Joe Tracy
Aaron Moniza
Nathan Young
Jeff Olson
No Council action is required on this item.
Item 2. Employee Assistance Program/Request for Proposal --Late this summer, the
Employee Assistance Program utilized by the City of Eagan for the last 10 - 12 years was
sold to another firm from St. Cloud. Management determined that this would be an
appropriate time to distribute a request for proposals for the City's Employee Assistance
Program for 1991. The deadline for proposals was December 6, 1990. Nine proposals were
received. The City had budgeted $2,300 for this program for 1991. Only one proposal came
in under this figure. That proposal was from Health Counseling Services for the amount
of $2,124 for the year. The proposal from Health Counseling Services met all the RFP
requirements. The City of Eagan has checked references for this company, which include
the city of Bloomington. It is recommended that the City of Eagan contract with Health
Counseling services to provide the Employee Assistance Program for the City of Eagan for
calendar year 1991 for the amount of $2,124.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contract with Health
Counseling Services to provide the Employee Assistance program for the City of Eagan for
calendar year 1991 for the total contract amount of $2,124,
ME
Agenda Information Memo
December 18, 1990 City Council Meeting
Item 4. Reorganization/Community Development Department --The Community
Development Department has been undergoing a phased reorganization which has been
previously approved by the City Council in concept. Earlier in 1990, one of the two Planner
I positions and both of the Zoning Administrator/Planner positions were reorganized into
three Project Planner positions. This was approved by Council action. The department is
now ready to submit its two final reorganization phases to the Council.
The remaining Planner I position would not be titled Senior Planner. The new position
would be responsible for much of the work involved with the Comprehensive Plan,
environmental studies, transportation studies and planning projects which involve the City
as a whole. A time spent profile (TSP) was run for this new position and the new point
total is 88 points. This would involve a move from compensation range J exempt to K
exempt. There is funding available in the budget for this move because the other Planner
I position was moved from J exempt down to H exempt.
The other phase of the reorganization involves making the Assistant Chief Building Official
responsible for supervising all operations involved in Building Maintenance. This involves
restructuring the organizational chart. A copy of the new organizational chart for the
Community Development Department is enclosed on page _.5" for the Council's
information. No compensation adjustment is required for this part of the reorganization.
The City Administrator recommends that this reorganization becomes official as of January
1, 1991.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the reorganization of the
Community Development Department, including making the Assistant Chief Building
Official responsible for supervising the Building Maintenance Division and changing the
remaining Planner I position to that of Senior Planner (K exempt compensation range),
effective January 1, 1991.
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Agenda Information Memo
December 18, 1990 City Council Meeting
1991 PET SHOP LI!ENSES
B. 1991 Pet Shop Licenses --City Code section 6.43 provides for the licensing of pet shops
within the City of Eagan. Applications in this regard have been reviewed and approved by
the City Clerk's office and Animal Control Officer Kathleen Gilbertson and are in order for
approval by the Council. For additional information in this regard, please refer to the
memorandum from Administrative Assistant Witt enclosed on pages -7 through �.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1991 pet shop licenses
for Heartland Pet and Town Centre Pet stores as presented.
December 11, 1990
TO: CITY ADMINISTRATOR HEDGES
FROM: ADMINISTRATIVE ASSISTANT WITT
RE: 1991 PET SHOP LICENSES
Earlier this year the City Council approved a code amendment
regulating pet shops and requiring a license. The license
fee of $100 is due upon compliance with City Code Sec. 6.43 and
approval by the City Council.
Eagan Animal Control Officer, Kathleen Gilbertson, has been
working with the two pet shop owners in recent months and feels
they are in compliance and recommends council approval.
Action requested: Approve 1991 pet shop licenses for Heartland
Pet and Town Centre Pet stores. The license for Town Centre Pet
should be conditioned upon compliance with proof of innocuiation
prior to delivery to pet shop.
11
6 A Lr Vi i+Qy GAA
3830 Pilot Knob Road
Eagan, MN 55122-1897
PET SHOP LICENSING
PET SHOP is for the purpose of selling live dogs, cats, monkeys,.
hamsters, parrots, fish or other small animals. Pet shops are
permitted in commercial zones only. A LICENSE IS REQUIRED.
LICENSING REGULATIONS:
?� Floor is constructed of non-absorbent/non-adsorbent
material.
i� Floors are clean, sanitary and in good repair.
walls and ceilings are clean, sanitary and in good repair.
Animal housing is of metal, glass, durable plastic or other
durable material.
�C Animal housing is clean, sanitary and in good repair.
x Animal housing is sized sufficiently for humane confinement.
Rooms containing animals are illuminated at least 8 hours
a day with sufficient lighting to permit routine cleaning
and inspections.
Rooms mechanically ventilated for air exchange. Room
temperatures do not endanger animals' health.
Odors and organisms do not enter adjacent businesses.
Replacement air preheated so as not endanger health of
animals.
Utensils used in food preparation and feeding are clean,
sanitary and in good repair.
All animals are kept within the enclosed building.
All animals subject to distemper and infectitious hepatitis
have proof of innoculation prior to delivery to pet shop by
licensed Minnesota veternarian. Monkeys must have proof of
annual tuberculin test.
�i There is a separate room for storing janitorial supplies and
equipment. Janitor's room has sink with hot and cold running
water.
I �
Inspected by: /�t - Date: - P
6.90
I
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
PET SHOP LICENSING
PET SHOP is for the purpose of selling live dogs, cats, monkeys,
hamsters, parrots, fish or other small animals. Pet shops are
permitted in commercial zones only. A LICENSE IS REQUIRED.
LICENSING REGULATIONS:
Floor is constructed of non-absorbent/non-adsorbent
material.
�-� Floors are clean, sanitary and in good repair.
Walls and ceilings are clean, sanitary and in good repair.
v1 Animal housing is of metal, glass, durable plastic or other
durable material.
',� Animal housing is clean, sanitary and in good repair.
✓ Animal housing is sized sufficiently for humane confinement.
Rooms containing animals are illuminated at least 8 hours
a day with sufficient lighting to permit routine cleaning
and inspections.
Rooms mechanically ventilated for air exchange. Room
temperatures do not endanger animals' health.
t' Odors and organisms do not enter adjacent businesses.
Replacement air preheated so as not endanger health of
animals.
Utensils used in food preparation and feeding are clean,
,sanitary and in good repair.
All animals are kept within the enclosed building.
All animals subject to distemper and infectitious hepatitis
� I;rs(i 1 have proof of innoculation prior to delivery to pet shop by
licensed Minnesota veternarian. Monkeys must have proof of
annual tuberculin test.
V There is a separate room for storing janitorial supplies and
equipment. Janitor's room has sink with hot and cold running
water.
1 f -
Inspected by:
Date: 9 --
1 ��
6.90
Agenda Information Memo
December 18, 1990 City Council Meeting
1991 REFUSE HAULER LICENSE RENEWALS
C. 1991 Refuse Hauler License Renewals --City Code section 6.37 requires the licensing of
refuse haulers and prescribes certain responsibilities with respect to daily hauling districts
and recycling service for Eagan haulers. Enclosed on pages l 1 through 12 you will
find a memorandum from Administrative Assistant Witt indicating which firms expressed
an intention to renew their licenses for 1991. These renewals will be subject to completion
of the application, tendering of the application fee and other requirements as indicated in
the code.
The Solid Waste Abatement Commission is currently considering adding plastics and
corrugated cardboard as required recyclables for residential and multi -family haulers. It is
recommended that the Council direct staff to inform haulers of this intention at the time
licenses are issued. Staff will work with the haulers and Solid Waste Abatement
Commission to identify an appropriate date of implementation. The Council may add these
materials to the list of targeted recyclables by resolution upon recommendation of the Solid
Waste Abatement Commission.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the refuse hauler license
renewals for 1991 subject to the future addition of plastics and corrugated cardboard to the
targeted recyclables list.
Vo
December 11, 1990
TO: CITY ADMINISTRATOR HEDGES
FROM: ADMINISTRATIVE ASSISTANT WITT
RE: 1991 Refuse Hauler License Renewals
Attached is a list of licensed refuse haulers interested in
having their licenses renewed for 1991.
Two years ago when the ordinance was amended to more closely
regulate refuse haulers and the newly instituted recycling
program; haulers were restricted to specific days and areas
for hauling. There was no restriction placed on the number
of haulers who could operate in the city.
The current hauling schedule is:
Monday - area north of Diffley and west of Lexington
Wednesday - area south of Diffley and west of Lexington
Friday - area east of Lexington
CITY OF RAGAN
1991 REFUSE HAULER LICENSE RENEWALS
1. Aagard Environmental(comm)
875 N. Prior Ave.
St. Paul, MN 55104
645-1388
2. Action Disposal (comm)
4325 E. 66th St.
Inver Grove Hts., MN 55076
455-8634
3. Bloomington Sanitation
9813 Flying Cloud Dr.
Eden Prairie, MN 55344
941-5174
4. Buckingham, Inc.
5450 W. 126th St.
Savage, MN 55378
890-6441
11. Nitti Disposal, Inc. (comm)
6639 Concord Blvd.
Inver Grove Hts. , MN 55076
451-1421
12. Ken Oehrlein Sanitation
6963 Ideal Ave. S. (comm)
Cottage Grove, MN 55016
459-0120
13. Poor Richard's Inc.
400 Whitall St.
St. Paul, MN 55101
776-2323
(comm) 14. Quality Waste Control
1901 W. 144th St.
Burnsville, MN 55337
435-3454
5. City Clean -Up (comm)
2841 Burnside Ave.
Eagan, MN 55121
454-6768
6. Dick's Sanitation Service (comm)
21338 Dodd Rd.
Lakeville, MN 55044
469-2239
7. Expert Disposal, Inc.
3131 Sibley Memorial Hwy.
Eagan, MN 55122
688-6666
8. Knutson Rubbish Service
14345 Biscayne Ave.
Rosemount, MN 55068
423-2294
9. Mendota Heights Rubbish
20700 Donnelly Ave. E.
Farmington, MN 55024
437-6786
10. Metro Refuse (comm)
8168 W. 125th St.
Savage, MN 55378
890-0861
15. Roadway Rubbish/Eagan San.
2400 Dodd Rd.
Mendota Hts., MN 55120
454-7152
16. Triangle Services
1881 Lexington Ave.
Mendota Hts., MN 55118
454-1848
17. Valley Sanitation (comm)
15670 Cicerone Path
Rosemount, MN 55068
423-2992
18. Waste Management
12448 Pennsylvania Ave. S.
Savage, MN 55378
890-1100
19. Wildwood Sanitation (comm)
Box 176
Newport, MN 55055
459-7926
Agenda Information Memo
December 18, 1990 City Council Meeting
1991 LEASE AGREEMENT
DAKOTA COUNTY YARD WASTE COMPOST SITE
D. 1991 Lease Agreement, Dakota County Yard Waste Compost Site --In 1990, Dakota
County ]eased the former Eagan Compost Site and operated it as a part of the Dakota
County yard waste management program. The County is again requesting use of the site
in 1991. Staff has negotiated a lease agreement with the County to expand the amount of
materials which the City may dispose of at the site without charge and to delineate
responsibilities with respect to site maintenance and appearance. For additional information
in this regard, please refer to the memorandum and a tached agreement from Recycling
Coordinator Hageman which is enclosed on pages through I c�_.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1991 lease
agreement for Dakota County use of Municipal Center property for a yard waste compost
site as presented.
�3
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: RECYCLING COORDINATOR HAGEMAN
DATE: DECEMBER 10, 1990
SUBJECT: LEASE AGREEMENT, DAKOTA COUNTY, YARDWASTE COMPOST SITE
This memo is to inform you that the lease agreement for the Dakota
County/Eagan Yardwaste Compost Site for 1991 has been negotiated
between city and county staff and both parties agree the lease
should be continued for 1991.
The document is in order per our recommended changes and is now
subject to approval.
Through our negotiations, only a few changes were made to the 1990
agreement. The changes found in the 191 agreement focus on 1). the
amount of materials the City of Eagan is allowed to bring to the
site before the fee schedule is implemented which has increased,
and 2). that the responsiblity of improving the signage for the
facility will become a joint effort.
All other terms of the agreement are consistent with the 1990
agreement.
If you would like any additional information regarding this
agreement, please let me know.
h.
R cycling Coor I
inator
1q
This Lease is made and entered into by and between the City of
Eagan, Minnesota, hereinafter referred to as "Lessor"' and the County
of Dakota, hereinafter referred to as "Tenantff, by and through their
respective governing boards.
In consideration of the mutual covenants hereinafter set forth,
and intending to be legally bound, the parties do hereby agree as
follows:
1. PREMISES.
1.1. Demise. Lessor does demise, lease and rent to Tenant, and
Tenant does hire, rent and take from Lessor approximately 2.0 acres
of the following real property located at 3830 Pilot Knob Road, City
of Eagan in Dakota County, State of Minnesota, legally described as
the W 1/2, NW 1/4, NW 1/4, Section 22, T27N, R23W, as shown in
Attachment A to this Lease.
The described property is hereinafter referred to as the
ftLeased Premises".
1.2. Condition of Premises. Parties agree that the condition of
the Leased Premises is presently as follows:
Vacant land consisting of approximately 2.0
acres. Access to the property exists off Pilot
Knob Road and the Eagan Municipal Building
access drive. The site was formally a
yardwaste composting site.
1.3. Use of Premises. Tenant shall use and occupy the Leased
Premises solely for a yardwaste transfer facility and brush chipping
facility. No other use is authorized without the prior written
consent of Lessor.
A. Obligation of Tenant to Conform to Lawful Uses. The
Tenant shall, at its expense acquire all permits, conform to
all laws, orders, ordinances, and regulations of federal.,
state, county and municipal authorities and with any
directives made pursuant to law by any public officer, which
shall, with respect to the occupancy, use or manner of use of
the Leased Premises or to any abatement or nuisance, impose
any order or duty upon Lessor or Tenant arising from Tenant's
occupan=jr, use or manner :,f use of the Leased Property.
rjag:: 1 of 5
IS
B. Permits. It is the responsibility of the Tenant to
determine and obtain all necessary approvals, permits and
licenses from the Minnesota Pollution Control Agency and any
other regulatory or jurisdictional agency affected by or
having jurisdiction over the Tenant arising from Tenant's
occupancy, use or manner of use of the Leased Premises.
1.4. Odors. If the Lessor, in conjunction with the Minnesota
Pollution Control Agency, determines that offensive odors from the
Leased Premises are unacceptable, it will immediately notify the
Tenant orally, to be followed by a written notice within one
business day. Upon oral notice, Tenant shall immediately initiate
corrective action by removing the offending materials or taking
other appropriate action.
1.5. Hours of Operation. The hours of operation for the compost
facility shall run no sooner than 7:00 a.m. and no later than
8:00 p.m.
1.6. Security of Premises. Tenant shall, at its expense, provide
adequate security and lighting for the Leased Premises.
1.7. Improvements. All improvements to the Leased Premises,
including signage placement and message content, requested or
required by the Tenant shall be completed at the expense of the
Tenant. An improvement plan shall be approved by the Lessor prior
to any improvement being made.
2. TERM.
2.1. Term of Lease. The term of this Lease shall commence on
January 1, 1991, and continue to midnight of December 31, 1991,
unless earlier terminated by law or as provided herein.
2.2. Failure to Use as Yardwaste Site. In the event Tenant ceases
to use the Leased Premises as indicated in paragraph 1.3, this Lease
may be canceled upon thirty (30) days written notice by Lessor to
Tenant. Prior to termination pursuant to this paragraph, Tenant
shall remove all yardwaste, brush, and wood chips from the Leased
Premises, unless otherwise instructed by the Lessor.
2.3. Holding Over. If Tenant remains in possession of the Leased
Premises after the expiration of the term hereof and without the
execution of a new written lease, or a written extension agreement,
Tenant shall be deemed to be occupying the Leased Premises as a
tenant from month to month, terminable on thirty (30) days notice
given by either party to the other, at a proportional rental rate
and otherwise subject to all the conditions and obligations of this
Lease insofar as they are applicable to a month-to-month tenancy.
Page 2 of 5
Ib
3. RENT/DEPOSITS.
3.1. Base Rent. The Tenant shall pay as ffBase Rent" for the Leased
Premises, an amount equal to $1.00 per year and other reasonable
consideration.
4. LOSS OR DAMAGE.
4.1. Tenant's Property. All property and improvements of the
Tenant in or about the Leased Premises shall be kept, stored and/or
maintained at the sole risk of Tenant without any liability of
Lessor for loss or damage thereto.
4.2. Lessor Acts or Omissions. Tenant shall not be liable for any
acts or omissions of the Lessor, and shall not be responsible for
any liability arising out of or because of any condition of the land
which existed at the time of or before Tenant's occupancy.
4.3. Blowina Debris. Tenant shall prevent compost debris from
being windblown from the Leased Premises onto surrounding property.
5. INDEMNIFICATION. Tenant shall hold Lessor harmless from and
indemnify Lessor against any and all liability, damage, loss and
expense arising or resulting from the acts or omissions or caused by
Tenant or Tenant's employees, servants, agents, or arising out of or
related to the use and occupancy of the demised premises or the
business or activity conducted with respect hereto, including
injuries to person and property. It is understood and agreed that
the limits of such liability shall be limited to the amount of
Tenant's applicable statutory limit on liability.
6. INSURANCE. Tenant is self insured for liability and will
indemnify Lessor as stated in this Lease.
7. TERMINATION.
7.1. Violations of Lease Provisions. Failure of either party to
abide by the provisions or conditions of this Lease shall constitute
a violation. Any violation shall enable the non -violating party to
terminate the Lease upon at least thirty (30) days written notice to
the violating party.
7.2. Condition of Premises. On the last day of the term of this
Lease or on the sooner termination thereof, Tenant shall peaceably
surrender the Leased Premises in as good condition as when received.
S. ELECTION OF REMEDIES/NON-WAIVER. No
shall be deemed an exclusive remedy and
remedy shall not bar pursuit of any other
thereof, or subsequent seeking of the same
or otherwise, whether available hereunder
equity. No waiver of any breach of ar
agreement herein contained shall opera
subsequent breach thereof.
Page 3 of 5
1 *1
remedy provided hereunder
the election of any such
remedy or any combination
remedy for other damages,
or existing at law or in
y covenant, condition or
.e as a waiver of any
9. QUIET ENJOYMENT. Lessor warrants that it has the right to
lease the Leased Premises and that so long as Tenant shall perform
each and every term, condition and covenant to be performed and
observed by Tenant hereunder, Tenant shall have peaceful and quiet
use and possession of the Leased Premises without hindrance on the
part of the Lessor.
10. NOTIFICATION. Whenever notice is required by the terms
hereof, it shall be in writing and delivered by hand or by certified
or registered mail addressed to the Lessor at 3830 Pilot Knob Road,
Eagan, Minnesota 55122, Attention: Thomas L. Hedges, City
Administrator; and to the Tenant at Dakota County Administration
Center, 1590 Highway 55, Hastings, Minnesota 55033, Attention:
Lyle D. Wray, County Administrator. Copies of all notices to Tenant
must also be sent to the Dakota County Auditor at the Dakota County
Administration Center, 1590 West Highway 55, Hastings, Minnesota
55033 and the Dakota County Attorney at the Dakota County Judicial
Center, 1560 West Highway 55, Hastings, Minnesota 55033. If notice
is given by mail, it is effective two (2) days after mailing.
11. CONDITIONS.
11.1. The Tenant agrees that operating policies for the yardwaste
facility which is located on the Leased Premises, shall be
consistent with the operating policies at other Dakota County
yardwaste compost facilities, including, but not limited to, user
fees charged, and the availability of compost and chips.
11.2. Materials accepted will be limited to Yardwaste, Brush,
Christmas trees and the bags in which is it delivered. Yardwaste is
defined as grass, leaves, garden wastes, weeks, brush up to six
inches (6") in diameter.
11.3. The City of Eagan may deliver to the Facility up to 520 cubic
yards of yardwaste and/or brush per year without cost. The City of
Eagan will be charged a fee, consistent with the user fee schedule
approved for Dakota County facilities, for volumes of yardwaste
and/or brush delivered in excess of this amount.
11.4. Wood chips produced at the facility, which are not distributed
to the public, will be available to the City of Eagan at no
charge. The volume of chips not used by the public, or the City,
shall be available for distribution at the Tenant's discretion.
12. CONTRACT INTERPRETATION.
12.1. Captions; Meanings. The section captions and headings herein
are for convenience and reference only and do not limit or construe
the provisions hereof. When the context so requires, the neuter
gender includes the masculine and/or feminine; and the singular
includes the plural.
Page 4 of 5
A
12.2. Types of Materials Received. Material accepted will be
limited to debagged or loose acceptable yardwaste. Acceptable
yardwaste is defined as grass, leaves, garden wastes, weeds and
brush up to six inches (61) in diameter. Users of the facility will
be limited to individual residents, landscape and lawn service
companies, and businesses delivering yardwaste from their own
premises.
12.3. Entire Agreement. This Lease represents the entire agreement
between the parties hereto, and there are no agreements,
understandings or undertakings except as set forth herein. All
prior negotiations and writings between the parties and their
representatives are superseded hereby. This Lease may not be
amended modified or supplemented except by a writing, duly and
properly executed, and to term, condition or covenant hereof may be
waived other than by such a writing.
12.4. Applicable Law; Severability. The validity, performance,
interpretation and enforcement of this Lease, or portion thereof, or
the application thereof to any person or circumstance shall, to any
extent, be held by a court of competent jurisdiction to be invalid
or unenforceable, the remainder of this Lease shall not be affected
thereby and each provision of this Lease shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS 'WHEREOF, the parties have executed this Agreement
on the dates indicated below.
Approved as te,form:' f COUNTY OF DAKOTA
Assistant County Attorney/Date By
Joseph A. Harris, Chairman
Approved as to execution: Board of Commissioners
Date of Signature
Assistant County Attorney/Date
Approved by Dakota County Board
Resolution No.
Approved as to form:
City Attorney/Date
This Instrument was Drafted by:
Dakota County Attorney's Office
Dakota County Judicial Center
1560 West Highway 55
Hastings, Minnesota 55033
Telephone: (612) 438-4438
Attest
Norma Marsh, Auditor
Date of Signature
CITY OF EAGAN
By
Title
Date of Signature
By
Title
Date of Signature
Page 5 of 5
C/K-91-4 _
12.2. Types of Materials Received. Material accepted will be
limited to debagged or loose acceptable yardwaste. Acceptable
yardwaste is defined as grass, leaves, garden wastes, weeds and
brush up to six inches (6N) in diameter. Users of the facility will
be limited to individual residents, landscape and lawn service
companies, and businesses delivering yardwaste from their own
premises.
12.3. Entire Agreement. This Lease represents the entire agreement
between the parties hereto, and there are no agreements,
understandings or undertakings except as set forth herein. All
prior negotiations and writings between the parties and their
representatives are superseded hereby. This Lease may not be
amended modified or supplemented except by a writing, duly and
properly executed, and to term, condition or covenant hereof may be
waived other than by such a writing.
12.4. Applicable Law; Severability. The validity, performance,
interpretation and enforcement of this Lease, or portion thereof, or
the application thereof to any person or circumstance shall, to any
extent, be held by a court of competent jurisdiction to be invalid
or unenforceable, the remainder of this Lease shall not be affected
thereby and each provision of this Lease shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates indicated below.
Approved as ts,form:' COUNTY OF DAKOTA
Assistant County Attorney/Date By
Joseph A. Harris, Chairman
Approved as to execution: Board of Commissioners
Date of Signature
Assistant County Attorney/Date
Approved by Dakota County Board
Resolution No.
Approved as to form:
City Attorney/Date
This Instrument was Drafted by:
Dakota County Attorney's Office
Dakota County Judicial Center
1560 West Highway 55
Hastings, Minnesota 55033
Telephone: (612) 438-4438
C/K-91-4
Attest
Norma Marsh, Auditor
Date of Signature
CITY OF EAGAN
By
Title
Date of Signature
By
Title
Date of Signature
Page 5 of 5
I C\�
Agenda Information Memo
December 18, 1990 City Council Meeting
RES OLUTIONSIMULTI-FAMILY RESIDENTIAL LAND STUDY
E. Resolutions, for Study Areas A, I and Q, Rezonings and/or Comprehensive Guide Plan
Amendments --Enclosed on page 0 is a memorandum from Planner Marnin with respect
to the above referenced study areas from the multi -family residential land study. The
Council has previously taken action on each of these areas as is outlined in the
memorandum. In their regard, the Council directed staff to prepare resolutions outlining
their findin s with respect to each of the areas. Resolutions respecting area A are enclosed
on ages b1W through c2l. Those resolutions relative to area I are enclosed on pages
through . That relative to area Q is enclosed on pagg5
ACTION TO BE CONSIDERED ON THIS ITEM: To approve resolutions as presented for
rezonings and/or comprehensive guide plan amendments for areas A, I and Q of the multi-
family land study as presented.
MEMORANDUM
TO: Tom Hedges, City Administrator
FROM: Kristy Marvin, Planner I
DATE: December 11, 1990
SUBJECT: City Council Consent Agenda Item - December 18, 1990 Meeting
Resolutions for Previously Approved Rezonings and/or Comprehensive Guide
Plan Amendments for Study Areas A, I and Q
The City Council is requested to execute the attached resolutions for previously approved
rezonings and/or Comprehensive Guide Plan amendments for Areas A, I and Q of the
Multi -Family Residential Land Study. Each of these areas have been acted on by the City
Council, as noted, but resolutions were not executed. Such execution will finalize the
Council's action, and facilitate transmittal of the necessary documents to the Metropolitan
Council for its review of the plan amendments.
Area A was amended from D -I (Single-family Residential, 0 to 3 units per acre) to D -II
(Mixed Residential, 0 to 6 units per acre) and LB (Limited Business), and rezoned (part)
from R-4 (Multiple Residential) to LB (Limited Business) by the City Council on August
21, 1990.
Area I was amended from D -III (Mixed Residential, 6 to 12 units per acre) to D -II
(Mixed Residential, 0 to 6 units per acre), and rezoned from A (Agricultural) to R-2
(Duplex Residential) by the City Council on September 18, 1990.
Area Q was amended from D -III (Mixed Residential., 6 to 12 units per acre) to D -I
(Single-family Residential, 0 to 3 units per acre) by the City Council on August 21, 1990.
(NOTE: The City Council also took rezoning and plan amendment action on Area K on
June 19, 1990. The appropriate resolutions have already been executed for this study area
and, as such, are not included with this item.)
cc: Dale Runkle (memo only)
Jim Sturm (memo only)
R E S O L D T I O H
WHEREAS, in the Spring of 1989, the City Council authorized
a comprehensive study of multi -family residential zoned/designated
property; and
WHEREAS, pursuant to a written report prepared by the
Community Development Department, it was noted that Eagan has a
large amount of undeveloped multi -family zoned/designated land and
further that Eagan possessed a higher than average percentage of
existing multi -family units; and
WHEREAS, the City Council held informational meetings
involving all of the property identified in the Multi -Family
Residential Study for the purpose of determining whether the
existing zoning or designation was appropriate as far as general
location, known history, general environment and alternatives; and
WHEREAS, the Community Development Department, at the request
of the City Council, did provide notice and an opportunity to
review the findings of the Multi -Family Residential Study with each
of the affected property owners; and
WHEREAS, after reviewing the property owners' comments, both
oral and written, the City Council did direct that the property
noted below be publicly noticed and forwarded to the Advisory
Planning Commission for a formal recommendation regarding a
potential rezoning or amendment; and
WHEREAS, a public hearing was held on July 24, 1990 before the
Advisory Planning Commission; and
WHEREAS, the Advisory Planning Commission noted that the Tax
Identification Parcel 10-00800-022-75 is zoned R-3 and is
designated D -I (0 to 3 units per acre) in the Comprehensive Guide
Plan.
NOW, THEREFORE, upon all the evidence, testimony, records and
proceedings, the Advisory Planning Commission did recommend to
approve a Comprehensive Guide Plan amendment to change the land use
designation of P.I.D. 10-00800-022-75 from D -I Single-family
Residential (0 to 3 units per acre) to D -II Mixed Residential (0
to 6 units per acre); and
WHEREAS, the Advisory Planning Commission recommendation was
in part based on the following reasons:
1. The high density already present in the area and the
resulting public safety concerns; and
2. The buffering it would provide between the Industrial use
and Residential uses in the area; and
WHEREAS, the Advisory Planning Commission's recommendations
came before the City Council on August 21, 1990; and
WHEREAS, no one was in attendance at this meeting to provide
further comment; and
WHEREAS, the Council had available to it the records of the
previous proceedings.
Upon Motion duly made and seconded, the Eagan City Council
did:
1. Approve a Comprehensive Guide Plan amendment to change
the land use designation of P.I.D. 10-00800-022-75 from D -I Single-
family Residential (0 to 3 units per acre) to D -II Mixed
Residential (0 to 6 units per acre).
L3
ATTEST:
By: E.J. VanOverbeke
Its: Clerk
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
a�
� A
R E 8 0 L U T I O N
WHEREAS, in the Spring of 1989, the City Council authorized
a comprehensive study of multi -family residential zoned/designated
property; and
WHEREAS, pursuant to a written report prepared by the
Community Development Department, it was noted that Eagan has a
large amount of undeveloped multi -family zoned/designated land and
further that Eagan possessed a higher than average percentage of
existing multi -family units; and
WHEREAS, the City Council held informational meetings
involving all of the property identified in the Multi -Family
Residential Study for the purpose of determining whether the
existing zoning or designation was appropriate as far as general
location, known history, general environment and alternatives; and
WHEREAS, the Community Development Department, at the request
of the City Council, did provide notice and an opportunity to
review the findings of the Multi -Family Residential Study with each
of the affected property owners; and
WHEREAS, after reviewing the property owners' comments, both
oral and written, the City Council did direct that the property
noted below be publicly noticed and forwarded to the Advisory
Planning Commission for a formal recommendation regarding a
potential rezoning or amendment; and
WHEREAS, a public hearing was held on July 24, 1990 before the
Advisory Planning Commission; and
WHEREAS, the Advisory Planning Commission noted that the Tax
aS
Identification Parcel 10-00800-023-75 is zoned R-4 and is
designated D -I (0 to 3 units per acre) in the Comprehensive Guide
Plan.
NOW, THEREFORE, upon all the evidence, testimony, records and
proceedings, the Advisory Planning Commission did recommend to
approve a Comprehensive Guide Plan amendment to change the land use
designation of P.I.D. 10-00800-023-75 from D -I Single-family
Residential (0 to 3 units per acre) to LB Limited Business and a
rezoning of P.I.D. 10-00800-023-75 from R-4 Multiple Residential
to LB Limited Business; and
WHEREAS, the Advisory Planning Commission recommendation was
in part based on the following reasons:
1. The high density already present in the area and the
resulting public safety concerns; and
2. The buffering it would provide between the Industrial use
and Residential uses in the area; and
WHEREAS, the Advisory Planning Commission's recommendations
came before the City Council on August 21, 1990; and
WHEREAS, no one was in attendance at this meeting to provide
further comment; and
WHEREAS, the Council had available to it the records of the
previous proceedings.
did:
Upon Motion duly made and seconded, the Eagan City Council
1. Approve a Comprehensive Guide Plan amendment to change
the land use designation of P.I.D. 10-00800-023-75 from D -I Single-
family Residential (0 to 3 units per acre) to LB Limited Business;
L11.
and
2. Approve a rezoning of P.I.D. 10-00800-023-75 from R-4
Multiple Residential to LB Limited Business.
ATTEST:
By: E.J. VanOverbeke
Its: Clerk
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
a1
R E 8 0 L U T I O N
WHEREAS, in the Spring of 1989, the City Council authorized
a comprehensive study of multi -family residential zoned/designated
property; and
WHEREAS, pursuant to a written report prepared by the
Community Development Department, it was noted that Eagan has a
large amount of undeveloped multi -family zoned/designated land and
further that Eagan possessed a higher than average percentage of
existing multi -family units; and
WHEREAS, the City Council held informational meetings
involving all of the property identified in the Multi -Family
Residential Study for the purpose of determining whether the
existing zoning or designation was appropriate as far as general
location, known history, general environment and alternatives; and
WHEREAS, the Community Development Department, at the request
of the City Council, did provide notice and an opportunity to
review the findings of the Multi -Family Residential Study with each
of the affected property owners; and
WHEREAS, after reviewing the property owners' comments, both
oral and written, the City Council did direct that the property
noted below be publicly noticed and forwarded to the Advisory
Planning Commission for a formal recommendation regarding a
potential rezoning or amendment; and
WHEREAS, a public hearing was held on August 28, 1990 before
the Advisory Planning Commission; and
WHEREAS, the Advisory Planning Commission noted that the Tax
•
Identification Parcel 10-01600-010-06 is zoned A Agricultural and
is designated D -III (6 to 12 units per acre) in the Comprehensive
Guide Plan.
NOW, THEREFORE, upon all the evidence, testimony, records and
proceedings, the Advisory Planning Commission did recommend to
approve a Comprehensive Guide Plan amendment to change the land
use designation of P.I.D. 10-01600-010-06 from D -III Mixed
Residential (6 to 12 units per acre) to D -II Mixed Residential (0
to 6 units per acre) and a rezoning of P.I.D. 10-01600-010-06 from
A Agricultural to R-2 Duplex Residential; and
WHEREAS, the Advisory Planning Commission recommendation was
in part based on the following reasons:
and
1. It would provide buffering between the R-1 and R-4 uses;
2. The density in the area would be reduced and would be
more harmonious with the environment; and
3. Traffic and noise would be reduced; and
WHEREAS, the Advisory Planning Commission's recommendations
came before the City Council on September 18, 1990; and
WHEREAS, the Council heard further comment from the public,
and had available to it the records of the previous proceedings.
did:
Upon Motion duly made and seconded, the Eagan City Council
1. Approve a Comprehensive Guide Plan amendment to change
the land use designation of P.I.D. 10-01600-010-06 from D -III Mixed
Residential (6 to 12 units per acre) to D -II Mixed Residential (0
to 6 units per acre); and
2. Approve a rezoning of P.I.D. 10-01600-010-06 from A
Agricultural to R-2 Duplex Residential.
ATTEST:
By: E.J. VanOverbeke
Its: Clerk
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
3-0
R E B O L U T I O N
WHEREAS, in the Spring of 1989, the City Council authorized
a comprehensive study of multi -family residential zoned/designated
property; and
WHEREAS, pursuant to a written report prepared by the
Community Development Department, it was noted that Eagan has a
large amount of undeveloped multi -family zoned/designated land and
further that Eagan possessed a higher than average percentage of
existing multi -family units; and
WHEREAS, the City Council held informational meetings
involving all of the property identified in the Multi -Family
Residential Study for the purpose of determining whether the
existing zoning or designation was appropriate as far as general
location, known history, general environment and alternatives; and
WHEREAS, the Community Development Department, at the request
of the City Council, did provide notice and an opportunity to
review the findings of the Multi -Family Residential Study with each
of the affected property owners; and
WHEREAS, after reviewing the property owners' comments, both
oral and written, the City Council did direct that the property
noted below be publicly noticed and forwarded to the Advisory
Planning Commission for a formal recommendation regarding a
potential rezoning or amendment; and
WHEREAS, a public hearing was held on August 28, 1990 before
the Advisory Planning Commission; and
WHEREAS, the Advisory Planning Commission noted that the Tax
3t
Identification Parcel 10-01600-010-05 is zoned A Agricultural and
is designated D -III (6 to 12 units per acre) in the Comprehensive
Guide Plan.
NOW, THEREFORE, upon all the evidence, testimony, records and
proceedings, the Advisory Planning Commission did recommend to
approve a Comprehensive Guide Plan amendment to change the land
use designation of P.I.D. 10-01600-010-05 from D -III Mixed
Residential (6 to 12 units per acre) to D -II Mixed Residential (0
to 6 units per acre) and a rezoning of P.I.D. 10-01600-010-05 from
A Agricultural to R-2 Duplex Residential; and
WHEREAS, the Advisory Planning Commission recommendation was
in part based on the following reasons:
and
1. It would provide buffering between the R-1 and R-4 uses;
2. The density in the area would be reduced and would be
more harmonious with the environment; and
3. Traffic and noise would be reduced; and
WHEREAS, the Advisory Planning Commission's recommendations
came before the City Council on September 18, 1990; and
WHEREAS, the Council heard further comment from the public,
and had available to it the records of the previous proceedings.
did:
Upon Motion duly made and seconded, the Eagan City Council
1. Approve a Comprehensive Guide Plan amendment to change
the land use designation of P.I.D. 10-01600-010-05 from D -III Mixed
Residential (6 to 12 units per acre) to D -II Mixed Residential (0
to 6 units per acre); and
3 LL
2. Approve a rezoning of P.I.D. 10-01600-010-05 from A
Agricultural to R-2 Duplex Residential.
ATTEST:
By: E.J. VanOverbeke
Its: Clerk
3�
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
R E S O L U T I O N
WHEREAS, in the Spring of 1989, the City Council authorized
a comprehensive study of multi -family residential zoned/designated
property; and
WHEREAS, pursuant to a written report prepared by the
Community Development Department, it was noted that Eagan has a
large amount of undeveloped multi -family zoned/designated land and
further that Eagan possessed a higher than average percentage of
existing multi -family units; and
WHEREAS, the City Council held informational meetings
involving all of the property identified in the Multi -Family
Residential Study for the purpose of determining whether the
existing zoning or designation was appropriate as far as general
location, known history, general environment and alternatives; and
WHEREAS, the Community Development Department, at the request
of the City Council, did provide notice and an opportunity to
review the findings of the Multi -Family Residential Study with each
of the affected property owners; and
WHEREAS, after reviewing the property owners' comments, both
oral and written, the City Council did direct that the property
noted below be publicly noticed and forwarded to the Advisory
Planning Commission for a formal recommendation regarding a
potential rezoning or amendment; and
WHEREAS, a public hearing was held on August 28, 1990 before
the Advisory Planning Commission; and
WHEREAS, the Advisory Planning Commission noted that the Tax
54
Identification Parcel 10-01600-012-07 is zoned A Agricultural and
is designated D -III (6 to 12 units per acre) in the Comprehensive
Guide Plan.
NOW, THEREFORE, upon all the evidence, testimony, records and
proceedings, the Advisory Planning Commission did recommend to
approve a Comprehensive Guide Plan amendment to change the land
use designation of P.I.D. 10-01600-012-07 from D -III Mixed
Residential (6 to 12 units per acre) to D -II Mixed Residential (0
to 6 units per acre) and a rezoning of P.I.D. 10-01600-012-07 from
A Agricultural to R-2 Duplex Residential; and
WHEREAS, the Advisory Planning Commission recommendation was
in part based on the following reasons:
and
1. It would provide buffering between the R-1 and R-4 uses;
2. The density in the area would be reduced and would be
more harmonious with the environment; and
3. Traffic and noise would be reduced; and
WHEREAS, the Advisory Planning Commission's recommendations
came before the City Council on September 18, 1990; and
WHEREAS, the Council heard further comment from the public,
and had available to it the records of the previous proceedings.
did:
Upon Motion duly made and seconded, the Eagan City Council
1. Approve a Comprehensive Guide Plan amendment to change
the land use designation of P.I.D. 10-01600-012-07 from D -III Mixed
Residential (6 to 12 units per acre) to D -II Mixed Residential (0
to 6 units per acre); and
3S
2. Approve a rezoning of P.I.D. 10-01600-012-07 from A
Agricultural to R-2 Duplex Residential.
ATTEST:
By: E.J. VanOverbeke
Its: Clerk
3(.o
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
h
R E B O L U T I 0 N
WHEREAS, in the Spring of 1989, the City Council authorized
a comprehensive study of multi -family residential zoned/designated
property; and
WHEREAS, pursuant to a written report prepared by the
Community Development Department, it was noted that Eagan has a
large amount of undeveloped multi -family zoned/designated land and
further that Eagan possessed a higher than average percentage of
existing multi -family units; and
WHEREAS, the City Council held informational meetings
involving all of the property identified in the Multi -Family
Residential Study for the purpose of determining whether the
existing zoning or designation was appropriate as far as general
location, known history, general environment and alternatives; and
WHEREAS, the Community Development Department, at the request
of the City Council, did provide notice and an opportunity to
review the findings of the Multi -Family Residential Study with each
of the affected property owners; and
WHEREAS, after reviewing the property owners' comments, both
oral and written, the City Council did direct that the property
noted below be publicly, noticed and forwarded to the Advisory
Planning Commission for a formal recommendation regarding a
potential rezoning or amendment; and
WHEREAS, a public hearing was held on July 24, 1990 before the
Advisory Planning Commission; and
WHEREAS, the Advisory Planning Commission noted that the Tax
3-1
Identification Parcel 10-02700-012-01 is zoned A Agricultural and
is designated D -III (6 to 12 units per acre) in the Comprehensive
Guide Plan.
NOW, THEREFORE, upon all the evidence, testimony, records and
proceedings, the Advisory Planning Commission did recommend to
approve a Comprehensive Guide Plan amendment to change the land use
designation of P.I.D. 10-02700-012-01 from D -III Mixed Residential
(6 to 12 units per acre) to D -I Single-family Residential (0 to 3
units per acre); and
WHEREAS, the Advisory Planning Commission recommendation was
in part based on the following reasons:
1. The compatibility of the new guide plan use with the
surrounding uses in the area; and
2. The access to the site; and
3. The terrain of the site; and
WHEREAS, the Advisory Planning Commission's recommendations
came before the City Council on August 21, 1990; and
WHEREAS, no one was in attendance at this meeting to provide
further comment; and
WHEREAS, the Council had available to it the records of the
previous proceedings.
did:
Upon Motion duly made and seconded, the Eagan City Council
1. Approve a Comprehensive Guide Plan amendment to change
the land use designation of P.I.D. 10-02700-012-01 from D -III Mixed
Residential (6 to 12 units per acre) to D -I Single-family
Residential (0 to 3 units per acre).
r:
ATTEST:
By: E.J. VanOverbeke
Its: Clerk
35
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
Agenda Information Memo
December 18, 1990 City Council Meeting
ORDINANCE AMENDMENT INCORPORATING BEER, WINE AND
LIQUOR LICENSE FEES APPROVED 7117/90
F. Ordinance Amendment Incorporating Beer, Wine and Liquor License Fees Approved
7/17/90 --Enclosed on pages q` and 2 is a copy of a proposed ordinance to formally
amend the City Code to adjust the fees which were approved at the conclusion of the public
hearing held on July 17. These liquor license fees are incorporated in the City Code and
require a formal ordinance amendment for adoption.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordinance
amendment incorporating beer, wine and liquor license fees approved July 17, 1990.
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING" BY AMENDING
SECTION 5.31, SUBDIVISIONS 1 AND 2, REGARDING BEER LICENSE FEES;
SECTION 5.51, SUBDIVISION 1, REGARDING LIQUOR LICENSE FEES; AND
SECTION 5.70, SUBDIVISION 2(A), REGARDING ON -SALE WINE; AND BY
ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99.
The City Council.of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 5 is hereby amended by changing
Section 5.31, subds. 1 and 2, to read as follows:
Subd. 1. The annual on -sale beer license fee is $1:75=90
$350.00.
Subd. 2. The annual off -sale beer license fee is $40.0e
75.00.
Section 2. Eagan City Code Chapter 5 is hereby amended by changing
Section 5.51, subd. 1, to read as follows:
Subd. 1. The annual on -sale liquor license fee is ,
$4,000.00.
Section 3. Eagan City Code Chapter 5 is hereby amended by changing
Section 5.70, subd. 2(A), to read as follows:
Subd. 2. On -Sale Wine License Fee.
(A) The annual on -sale wine license fee is $6
400.00.
Section 4. Eagan City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including 'Penalty for
Violation"' and Section 5.99 entitled "Violation a Misdemeanor" are
hereby adopted in their entirety by reference as though repeated
verbatim.
q \
Section 5. Effective Date. This ordinance shall take effect upon its
adoption and publication according to law.
ATTEST:
By: E. J. VanOverbeke
Its: City Clerk
Date Ordinance Adopted:
CITY OF EAGAN
City Council
By: Thomas A. Egan
Its: Mayor
Date Ordinance Published in Legal Newspaper:
Agenda Information Memo
December 18, 1990 City Council Meeting
1991 SPECIAL REVENUE FUND BUDGETS
G. 1991 Special Revenue Fund Budgets --Included in the final budget document are budgets
for the City's special revenue funds. Enclosed on pages through are the
proposed 1991 budgets for the six (6) special revenue funds currently being used by the City.
Also included on the budget page is a short explanation as to the purpose of each individual
fund.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1991 Special
Revenue Fund Budgets.
4'3
13 Housing Revenue Bonds Fund
This fund is used to account for the proceeds of the annual fee equal to 1/8 of
1% of the outstanding principal balance of the revenue bonds or obligations
issued to finance multi -family housing developments. Annual expenditures are for
payment to the Dakota County HRA for monitoring rent restrictions. Per current
policy, the fund will be used to finance future housing -related developments
within the City.
Total Expenditures
$ 2,400 $ 0
Excess of Revenues over Expenditures $56,537 $99,639
14 Fines and Forfeits Fund
$ 2,400 $ 2,400
$53,60 572.600
This fund was created in 1989 to account for money received from the court system
and restricted to police operations. It is expected that transfers will be made
from t his fund to the General Fund where eligible expenditures are made.
Revenue:
Fines & Forfeits
Interest on Investments
Total
Expenditures:
Transfers
Total
1989
1988
1989
1990
1991
Revenues:
Actual
Actual
Budget
Budget
Housing Bond Fees
$52,947
$86,689
$50,000
$60,000
Interest on Investments
5.990
12.950
6,000
15.000
Total Revenues
$58,937
$99,639
$56,000
$75,000
Expenditures:
Monitoring Fee
2_4
5 2� 400
$ 2.400
Total Expenditures
$ 2,400 $ 0
Excess of Revenues over Expenditures $56,537 $99,639
14 Fines and Forfeits Fund
$ 2,400 $ 2,400
$53,60 572.600
This fund was created in 1989 to account for money received from the court system
and restricted to police operations. It is expected that transfers will be made
from t his fund to the General Fund where eligible expenditures are made.
Revenue:
Fines & Forfeits
Interest on Investments
Total
Expenditures:
Transfers
Total
1989
1990
1991
Actual
BudZet
Budget
$5,974
$10,000
$10,000
133
0
500
6.6.107
$M00
$10,500
$ 0$10.000 110 500
$ 0 X$10.000 $10,500
Excess of Revenue over Expenditures $6,107 0 0
16 Housing and Redevelopment Authority Fund
This fund was established to account for the tax increment financing proceeds and
expenditures for the Cinnamon Ridge Apartments interest rate reduction program.
1988 1989 1990 1991
Revenues: Actual Actual Budget Budget
Property Taxes $153,516 $183,389 $200,000 $160,000
Interest on Investments 467 705 1.000 100
Total Revenues $153,983 $184,094 $201,000 $160,100
Expenditures:
Payments to Bond Trustee $ 76.758
Total Expenditures $ 76,758
Excess of Revenues over Expenditures 77,225
$170.332
$200.000
$160.00
$170,332
$200,000
$160,000
13,762
$ 1,000
100
17 RECYCLING
The Recycling Fund was created in 1989 to account for the implementation and on-
going operation of the City's recycling program. All grant funds and related
revenue and expenditures are consolidated into this fund to allow proper
accounting and reporting for the program.
Expenditures
4215
1989
1990
1991
$ 100
Actual
Budget
Budget
Revenues and Other Funding Sources•
200
4330
Postage
3358 Solid Waste Abatement Grant
$249,600
$222,310
$281,800
3880 Other Revenue
30
0
0
3980 Transfers In
0
12.520
17,300
10,000
$249,630
$234,830
$299,100
Expenditures
4215
Reference Material
$ 21
$ 140
$ 100
4220
Operating Supplies - General
329
300
200
4330
Postage
1,438
5,000
10,000
4337
Personal Auto/Parking
294
0
300
4340
General Advertising
495
10,000
10,000
4350
General Printing and Binding
7,152
8,000
10,000
4396
Building Rental
10,148
2,040
2,000
4397
Equipment Rental
0
3,660
0
4411
Conferences and Schools
175
750
500
4412
Local Meeting Expense
485
880
850
4414
Dues and Subscriptions
191
140
200
4421
Recycling Awards
4,200
5,200
0
4426
Interest Expense
2,876
0
0
4450
Other Contractual Services
71,575
184,720
168,900
4570
Other Equipment
141,120
14,000
96,000
$240,499
$234,830
$299,100
Excess
of Revenue over Expenditures
$ 9,131
0
0
4�
95 Senior Housing Fund
This fund was established to account for the proceeds from the bond restructuring
of the City's single-family mortgage revenue bond program. Current policy is to
use the money for future senior housing -related developments and projects within
the City.
96 Cable TV Franchise Fees Fund
This fund was established
1988
1989
1990
1991
Revenues:
Actual
Actual
Budget
Bum
Interest on Investments
$57,601
$72,743
$57,000
$70,000
Other
21,002
0
0
0
Total Revenues
$78,603
$72,743
$57,000
$70,000
Expenditures:
0
80
0
0
Excess of Revenues over Expenditures7$
8,6037S
2,663
-.57.000
_L70.000
96 Cable TV Franchise Fees Fund
This fund was established
to account for franchise fees paid to the
City from
North Central Cable, Inc.
The money is restricted for cable
television related
activities, primarily the
City's share of the
funding of
the Burnsville/Eagan
Cable Communications Commission.
1988
1989
1990
1991
Revenues:
Actual
Ar -7-4A
Budp,et
Binet
Cable TV Franchise Fees
$89,474
$123,298
$140,000
$160,000
Interest on Investments
5.426
12.163
6,000
12,000
Total Revenues
$94,900
$135,461
$146,000
$172,000
Expenditures:
Burnsville/Eagan Cable
Communications Commission $45,115 $ 36,903 $ 50,000 $ 50,000
Transfer to Other Funds 0 6.064 0 60,000
Total Expenditures
$ 45,115
$ 42,967
$ 50,000
$110,000
Excess of Revenues over Expenditures
49 7859$
2,494
9�S 6,000
--$.62,000
4-1
Agenda Information Memo
December 18, 1990 City Council Meeting
SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENT - WARKENTIEN
H. Senior Citizen Special Assessment Deferment - Warkentien--The City has received an
application for a senior citizen deferment from Mr. and Mrs. Donald Warkentien of 4135
Lexington Way. the Warkentiens were assessed $13,813.95 on September 18, 1990, for
Project 572 (Lexington Way). Enclosed on pages _q� and,.QL is a copy of the application
and an assessment search for their parcel. Also enclosed without page number is a copy of
their 1989 U.S. Individual Income Tax Return providing the basis for the financial
qualification. The Warkentiens have previously been granted the deferment on Project 478
levied in 1988.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the senior citizen
special assessment deferment application for Warkentien.
IM4
APPLICATION AND AUTHORIZATION FOR DELAYED PAYMENT OF TAX
ON SPECIAL ASSESSMENTS FOR SENIOR CITIZENS' HOMESTEAD
LAWS 1974, CHAPTER 206
STATE OF MINNESOTA)
COUNTY OF DAKOTA )
•DATE 12-7
TO: County Auditor, Dakota County, Minnesota
19 90
I, the undersigned, declare under penalties of perjury:
That I reside at 4135 Lexington Way, Eagan, MN 55123
That I am not less than 65 years of age and that the date of my birth is 03-01-19
That I am the owner of the property legally described as: 10-02200-031-76
Section 22 TWN 27 Ranae 23 N 364.1 FT of S 1110 FT of E 600 FT of SE 1 4 of SE 1/4
Property Identification Ncw-02200-031-76
That my interest in the ownership of the above property was aquired on February
1.9 57 and is as follows:
1. Sole ownership (Enter Yes, if applicable) _
2. Joint tenancy, held with (Wife) Lucille Mae War_kentien
3. OTHER undivided interest (Specify)
That on January 2, 19_f__or June 1, 19 I owned and occupied the above property as my
homestead and such occupancy began on Mimi st 19 �-?
That the installments for improvements on the SPECIAL ASSESSMENTS duly adopted in ordin-
ance by the City Council OF Eagan AS OF 12-7 19 90
which have been allocated against the subject property would create undue personal hard-
ship on my behalf and I respectfully request that payment be delayed and that such in-
stallments be so deferred for the years 19 90 to
SIGNED:..-,-,� ���., •J%i1LG �(����.t1:-2GLL'1-c
/ ' 06�NER' SPOUSE
FOR CITY USE --.ONLY
I, Clerk of the OF
IN County, State of Minnesota, do hereby certify'that the application
of above named,, has been duly reviewed and that
in ac=crdance with the: minutes of official record in said chambers was duly
APPROVED or DENIED as of 19
That in accordance with approval granted, the SPECIAL ASSESSMENTS listed below on the
affiants subject property levied for annual collection in the amounts and for the years
shown be so deferred with interest at the annual rate shown until such time as it is
deemed the applicant no longer qualifies or the property loses its eligibility.
ASSESSMENT D/P NO. TOTAL AMOUNT YEARS INTEREST RATE
STREET 2107
$13,813.95 10 8%
DATED 19
Clerk or Authorized Deputy
(over)
SPECIAL ASSESSMENT SEARCH SUMMARY
Press ENTER; or F1, F4, F5, F7, F8
n
tit ,,': �� �. i; / ' L. 7 r' . .!
u
Sb
AS
OF: 12/07/1990
Z
PROPERTY ID: 10-02200-031-76
S/Al
ASSESSMENT
DESCRIPT.
YEAR
TM
RATE
TOTAL
ANN.PRIN.
PAYOFF CD
100689
W TR -304
1981
15
11.0000
1729.00
115.26
691.66
100692
WLTR 299-3
1981
15
11.0000
2993.45
199.56
1197.41
101018
SS -TRH 411
1985
15
11.0000
8218.49
547.89
5479.04
101569
STK478
1988
10
9.0000
3062.80
306.28
3062.80 DF
101570
SL478
1988
10
9.0000
7578.75
757.87
7578.75 DF
102107
ST 572
1990
10
8.0000
13813.95
1381.39
13813.95
------
SUMMARY OF
LEVIED
26754.89
862.71
21182.06
******
1990 P&I CERTIFIED
1768.10
------
SUMMARY OF
DEFERRED
10641.55
0.00
10641.55
------
SUMMARY OF
PENDING
0.00
0.00
0.00
------
SUMMARY OF
CLOSED
0.00
Press ENTER; or F1, F4, F5, F7, F8
n
tit ,,': �� �. i; / ' L. 7 r' . .!
u
Sb
Agenda Information Memo
December 18, 1990, City Council Meeting
RECEIVE BIDSfAWARD CONTRACT
(#3 & #4 WELL & PUMP REPAIR)
I. Contract 90-17, Receive Bids/Award Contract (#3 & #4 Well & Pump Repair) --At
10:30 a.m., on December 13, 1990, formal bids were received for the removal, inspection
and repair of the well shaft and pumping facilities for Wells #3 & #4. Enclosed on page
SZ is a tabulation of the bids received with a comparison of the low bid to the
engineer's estimate and the budgeted allocation for this work in 1991. All bids will be
reviewed for their accuracy and compliance with the bid specifications and any deviations
will be noted by the Public Works Director at the meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 90-
17 (#3 & #4 Well & Pump Repair) and award the contract to the lowest responsible
bidder and authorize the Mayor and Clerk to execute all related documents.
s�
WELL PUMP NOS. 3 AND 4 REPAIRS
CONTRACT NO. 90-17
EAGAN, MINNESOTA
1990
CONTRACTORS
1. BERGERSON-CASWELL
2. MARK J. TRAUT WELLS, INC.
3. LAYNE MINNESOTA
4. KEYS WELL DRILLING
5. E.H. RENNER AND SONS
LOW BID
Budget (1991)
Engineer's Estimate
% Over (+) Under (-) E.E.
% Over (+) Under (-) Budget
BID TIME: 10:30 A.M. C.S.T.
BID DATE: THURS., DEC. 13, 1990
TOTAL BASE BID
$ 26,050.00
28,775.00
31,730.00
33,945.00
41,906.00
$ 26,050.00
$ 30,000.00
$ 29,600.00
- 12%
11.7%
Agenda Information Memo
December 18, 1990, City Council Meeting
RENEW JOINT POWERS AGMT
BLACKDOG WATERSHED MGMT ORGANIZATION
J. Renew Joint Powers Agreement For the Blackdog Watershed Management
Organization --On December 4, 1984, the City Council approved the Joint Powers
Agreement which established a Watershed Management Organization for the Blackdog
Lake Watershed which primarily incorporates the majority of Burnsville with portions of
Apple Valley, Lakeville, Savage and Eagan lying within the defined boundaries. The
purpose of this Joint Powers Agreement was to create a Board of Managers to adopt a
Comprehensive Watershed Management Plan in accordance with Chapter 509 of State
Law adopted in the early '80's. As a result of the original Joint Powers Agreement being
created, the Blackdog Watershed Management Plan was completed and formally approved
by the Board of Water & Soil Resources on November 22, 1989. Under the terms of the
original Joint Powers Agreement, the agreement and commission would remain in full
force and effect until January 1, 1991, to be continued thereafter upon the agreement of
all affected communities.
The original agreement has been revised and updated to correspond to the most recent
1990 legislation regarding watershed management organizations and deleting provisions that
are no longer appropriate now that the Watershed Management Plan has been adopted.
Presently, the Director of Public Works serves as an alternate on this commission and has
been directly involved in the formulation and implementation of the Watershed
Management Plan. These revisions and new Joint Powers Agreement have been reviewed
by the Director of Public Works and found to be in order for favorable Council action
which will allow this organization to remain in effect until January 1, 2000, which
corresponds to the current expiration date of the Joint Powers Agreement for the Gun
Club Lake Watershed Management Organization.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve and renew the Joint
Powers Agreement as revised for the Blackdog Watershed Management Organization and
authorize the Mayor and City Clerk to execute all related documents.
S-3
Agenda Information Memo
December 18, 1990, City Council Meeting
RECEIVE FEASIBILITY REPT/ORDER PUBLIC HEARING
(TH 149rBECKER RD - INTERSECTION IMPROVEMENTS
K. Project 600, Receive Feasibility Report/Order Public Hearing (TH 149/Becker Road -
Intersection Improvements) --One of the requirements of the Indirect Source Permit (ISP)
associated with the expansion and development of West Publishing was the requirement
to upgrade the Becker Road intersection with TH 149 to accommodate the anticipated
increase in traffic volumes at this intersection associated with this development. With the
approval of the final plat for the West Publishing 4th Addition on September 4, 1990, the
Council authorized the preparation of a feasibility report to discuss the specifics associated
with this required improvement. This report has now been completed and is being
presented to the City Council (under separate cover) for their information and scheduling
a formal public hearing to be held on January 15, 1991.
Because of the complexity of this project, the feasibility report is being distributed at this
time as well as again on January 15. Normally, improvements within State highways have
been financed by the State. However, due to the fact that this improvement is being
driven by the West development, present MNDoT limited finances require a significant
portion to be borne by the City. The City has attempted to identify the properties
benefitted by this improvement and is proposing to finance the majority of this cost
through special assessments. The details of the proposed improvement, including the
construction cost and its allocation, will be described in detail at the public hearing on
January 15.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 600 (TH 149/Becker Road - Intersection Improvements), and schedule the public
hearing to be held on January 15, 1991.
APPROVE FINAL PYMT(AUTHORIZE CITY MAINTENANCE
(WELLS #14 & #15)
L. Contract 89-08, Approve Final Payment/Authorize City Maintenance (Wells #14 & #15
- Pumping Facilities) --The City has received a request for final payment from the
contractor along with its certification of compliance from our consulting engineering firm
to the City's approved plans and specifications. All final inspections have been performed
by representatives of the Public Works Department and found to be in order for favorable
Council action regarding this final pay request and assumption of City maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 9th and final payment
to A & K Construction in the amount of $30,162 for Contract 89-08 (Wells #14 & #15 -
Pumping Facilities) and authorize City maintenance subject to all appropriate warranty
provisions. 54
Agenda Information Memo
December 18, 1990, City Council Meeting
ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE
(LEXINGTON HILLS)
M. Contract 86 -SS, Acknowledge Completion/Authorize City Maintenance (Lexington Hills
Utilities) --This project provided for the installation of public infrastructure facilities
within this development, located east of Lexington Avenue and north of Diffley Road, to
be performed privately by the developer under the terms and conditions of the
development agreement. The staff has received a request from the developer to formally
acknowledge the completion of these improvements and to authorize City maintenance
subject to the warranty provisions. All final inspections have been performed by
representatives of the Public Works Department and found to be in order for favorable
Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 86 -SS (Lexington Hills - Utilities) and authorize City maintenance subject to the
appropriate warranty provisions.
ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE
(OAK CLIFF PONDS)
N. Contract 86 -NN, Acknowledge Completion/Authorize City Maintenance (Oak Cliff
Ponds - Utilities) --This project provided for the installation of public infrastructure facilities
within this development, located south of Cliff Road and west of Slater Road, to be
performed privately by the developer under the terms and conditions of the development
agreement. The staff has received a request from the developer to formally acknowledge
the completion of these improvements and to authorize City maintenance subject to the
warranty provisions. All final inspections have been performed by representatives of the
Public Works Department and found to be in order for favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 86 -NN (Oak Cliff Ponds - Utilities) and authorize City maintenance subject to
the appropriate warranty provisions.
s�
Agenda Information Memo
December 18, 1990, City Council Meeting
ACKNOWLEDGE COMPLETIONIAUTHORIZE CITY MAINTENANCE
(BURR OAK HILLS 2ND ADDITION)
O. Contract 88-E, Acknowledge Completion/Authorize City Maintenance (Burr Oak Hills
2nd Addition - Streets & Utilities) --This project provided for the installation of public
infrastructure facilities within this development, located south of TH 55 and east of TH
149, to be performed privately by the developer under the terms and conditions of the
development agreement. The staff has received a request from the developer to formally
acknowledge the completion of these improvements and to authorize City maintenance
subject to the warranty provisions. All final inspections have been performed by
representatives of the Public Works Department and found to be in order for favorable
Council action.
ACKNOWLEDGE COMPLETIONAUTHORIZE CITY MAINTENANCE
(BLUE RIDGE 2ND ADDITION)
P. Contract 89-I, Acknowledge Completion/Authorize City Maintenance (Blue Ridge 2nd
Addition - Utilities) --This project provided for the installation of public infrastructure
facilities within this development, located east of TH 149 and north of Lone Oak Road,
to be performed privately by the developer under the terms and conditions of the
development agreement. The staff has received a request from the developer to formally
acknowledge the completion of these improvements and to authorize City maintenance
subject to the warranty provisions. All final inspections have been performed by
representatives of the Public Works Department and found to be in order for favorable
Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 89-I (Blue Ridge 2nd Addition - Utilities) and authorize City maintenance subject
to the appropriate warranty provisions.
5(�
Agenda Information Memo
December 18, 1990, City Council Meeting
ACKNOWLEDGE COMPLETION AUTHORIZE CITY MAINTENANCE
SUMMER PLACE ADDITION
Q. Contract 87-L, Acknowledge Completion/Authorize City Maintenance (Summer Place
Addition - Streets & Utilities) --This project provided for the installation of public
infrastructure facilities within this development, located north of Wilderness Run Road and
west of Dodd Road, to be performed privately by the developer under the terms and
conditions of the development agreement. The staff has received a request from the
developer to formally acknowledge the completion of these improvements and to authorize
City maintenance subject to the warranty provisions. All final inspections have been
performed by representatives of the Public Works Department and found to be in order
for favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 87-L (Summer Place Addition - Streets & Utilities) and authorize City
maintenance subject to the appropriate warranty provisions.
ACKNOWLEDGE COMPLETIONIAUTHORIZE CITY MAINTENANCE
(DUCKWOOD SQUARE ADDITION)
R. Contract 90-A, Acknowledge Completion/Authorize City Maintenance (Duckwood
Square Addition - Utilities) --This project provided for the installation of public
infrastructure facilities within this development, located south of Duckwood Drive and west
of Denmark Avenue, to be performed privately by the developer under the terms and
conditions of the development agreement. The staff has received a request from the
developer to formally acknowledge the completion of these improvements and to authorize
City maintenance subject to the warranty provisions. All final inspections have been
performed by representatives of the Public Works Department and found to be in order
for favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 90-A (Duckwood Square Addition - Utilities) and authorize City maintenance
subject to the appropriate warranty provisions.
5�
Agenda Information Memo
December 18, 1990, City Council Meeting
ACKNOWLEDGE COMPLETIONIAUTHORIZE CITY MAINTENANCE
CUTTERS RIDGE IST & 2ND ADDITIONS
S. Contract 88-G, Acknowledge Completion/Authorize City Maintenance (Cutters Ridge
1st & 2nd Additions - Streets & Utilities) --This project provided for the installation of
public infrastructure facilities within this development, located west of Pilot Knob Road
and south of Kings Wood Road, to be performed privately by the developer under the
terms and conditions of the development agreement. The staff has received a request
from the developer to formally acknowledge the completion of these improvements and
to authorize City maintenance subject to the warranty provisions. All final inspections
have been performed by representatives of the Public Works Department and found to
be in order for favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 88-G (Cutters Ridge 1st & 2nd Additions - Streets & Utilities) and authorize
City maintenance subject to the appropriate warranty provisions.
Agenda Information Memo
December 18, 1990 City Council Meeting
FINAL PLATIHOEFT ADDITION
T. Final Plat, Hoeft Addition --Documents concerning the Hoeft Addition final plat are
currently being processed by the Community Development Department. If all items are
completed and executed in time for next Tuesday's meeting, the application will be in order
for approval. If not, a recommendation will be made to continue this item at the beginning
of the meeting. A copy of the final plat as it appears for filing at -Dakota County is enclosed
on page for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Hoeft
Addition as presented.
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Agenda Information Memo
December 18, 1990 City Council Meeting
FINAL PLAT/UM SYS 2ND ADDITION
U. Final Plat, Unisys 2nd Addition --Documents concerning the Unisys 2nd Addition final
plat are currently being processed by the Community Development Department. If all items
are completed and executed in time for next Tuesday's meeting, the application will be in
order for approval. If not, a recommendation will be made to continue this item at the
beginning of the meeting. A copy of the final plat as it appears for filing at Dakota County
is enclosed on paget,—j- for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Unisys
2nd Addition as presented.
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Agenda Information Memo
December 18, 1990 City Council Meeting
AGREEMENTIFINAL PLAT/ fR NBY IST ADDITION
V. Agreement for Final Plat, Tranby 1st Addition --The above referenced final plat was
executed and recorded and a development contract was executed during the summer of
1990. Subsequent to its recording, the applicant, Ole Tranby, informed City staff that he
did not intend to pursue development of his plat at this time and that the improvements
indicated as a condition of plat not be undertaken. At that point, staff directed the City's
engineering consultant, Bonestroo, Rosene, Anderlik and Associates to halt work until the
matter could be.resolved.
Because of concerns raised about having an unimproved plat of record, a series of
alternatives were discussed by City staff and the applicant. These included proceeding with
the development, court action to vacate the plat or a recordable instrument to permit the
plat to stand as recorded but guarantee installation of utilities and improvements as a
condition of sale or prior to the development of the plat. Community Development
Director Runkle and the City Attorney's office have developed a recordable agreement to
facilitate the last option.
The agreement was continued at the Council meeting of December 4, 1990, pending a
conclusion regarding the applicant's remaining financial obligations for work incurred to
date. Those costs total $15,026.35 of which $3,278.50 relates to preparation of the feasibility
report and $8,043.61 relate to the detailed plan preparation. The remainder in the amount
of $3,704.22 primarily covers costs for legal, surveying, easement acquisitions and costs.
Additional inf�ation rel give to these costs is outlined in the staff report which is enclosed
on pages through.
In petitioning to undertake this work, Mr. Tranby signed guarantees for the cost of the
feasibility report and the detailed plans and specifications in the event that the project was
not awarded. Had the project been awarded, approximately 85.2% of the cost of the
detailed plans and specifications would have been spread to other properties. As a part of
its consideration of the agreement, the City Council may wish to address the effect of the
guarantee on the extent of Mr. Tranby's obligation for these costs. If the Council does not
wish to exercise a guarantee, the extent of Mr. Tranby's obligation in this regard is $8,174.34
and the remaining $6,851.99 would be spread against the other identified properties at the
time the project is constructed in the future. Mr. Tranby has a blance of $3,012.28 in escrow
at this time which can be applied to the identified cost. The net cost to Mr. Tranby would
be $12,014.05 if the guarantees are required and $5,162.06 if the remainder is spread against
the other properties at the time of development.
In either case, the enclosed agreement should be subject to Mr. Tranby's payme t of his
obligation or an acceptable payment schedule. Enclosed on pages through you
will find a copy of the agreement drafted by the City Attorney's office in this regard.
Agenda Information Memo
December 18, 1990 City Council Meeting
ACTION TO BE CONSIDERED ON THIS ITEM: 1) To identify and direct payment of the
appropriate level of fees with respect to the feasibility study and detailed plans and
specifications for Tranby 1st Addition and 2) to approve the recordable agreement relative
to improvements for Tranby 1st Addition as presented.
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
JON HOHENSTEIN, ASST. TO THE CITY ADMINISTRATOR
FROM: DALE C. RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
DATE: DECEMBER 13, 1990
RE: UPDATE ON TRANBY IST ADDITION
Since the continuance of the Tranby 1st Addition Agreement, staff has analyzed the financial
liabilities on this plat, and met with Mr. Tranby on December 10 to explain these obligations.
At that meeting, Mike Foertsch went over the costs incurred by the City for the feasibility
report, as well as preparation of detailed plans and specifications. It was my understanding
that the detailed plans were halted in October when Mr. Tranby advised that he could not
continue with the project. As a result, the City has incurred $11,322.11 as indicated in the
memo from Mike Foertsch. In concluding the meeting, Mr. Tranby indicated that he knew
he had some financial liability, but felt he should pay his share and not be burdened with
the total cost of the project. In reviewing the memorandum from Mike, he has split out the
cost of the feasibility study and Mr. Tranby's portion of the total cost of the detailed plans.
and specs.
If you have any questions or need further information, please advise.
m unity evelopment Director
DCR/js
MEMO T0: JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR
DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
GENE VANOVERBEKE, DIRECTOR OF FINANCE
FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER
DATE: DECEMBER 13, 1990
SUBJECT: CITY PROJECT NO. 591 TRANBY 1ST ADDITION
As a result of our Monday, December 10, 1990, meeting with Mr. Tranby, I have
reviewed the total engineering costs incurred to date by BRAA in conjunction with
the preparation of the feasibility report and the detailed plans and
specifications for the above -referenced Tranby 1st Addition. As we discussed
in our meeting, the total cost for the public improvement to date incurred by
the City's consultant was $11,322.11. Of that amount, $3,278.50 was for the
preparation of the feasibility report and the balance, $8,043.61, was the cost
incurred for the detailed plan preparation. As we discussed, the detailed plans
and specification preparation was not completed. BRAA were asked to discontinue
work on the project on October 15, 1990, at Mr. Tranby's request.
There was a question with respect to which financial obligations Mr. Tranby was
contractually responsible for. For your information, I have attached the
petition which Mr. Tranby had requested staff to present to the City Council for
their consideration. You will notice from the petition that Mr. Tranby not only
guaranteed the cost of the preparation of the feasibility report, but he also
waived his rights to the public hearing and requested that the detailed plans
and specifications be prepared simultaneously with the preparation of the
feasibility report, and guaranteed the respective costs for the preparation of
the plans and specification regardless if the project was awarded or not.
Since this type of situation has not presented itself in the past, one can ask
the question did Mr. Tranby guarantee all costs associated with the project or
just those costs associated with his share of the construction? Also attached
for your information is the feasibility report prepared for the project. The
feasibility report identifies a total project cost of approximately $193,270.
Of that amount, Mr. Tranby's share is estimated at $28,632 or approximately 14.8%
of the total cost. You will notice from the feasibility report that Mr. Tranby
is 1 of 11 other parcels proposed to benefit from this improvement. Assuming
that Mr. Tranby agrees to pay the $3,278.50 for the preparation of the
feasibility report and 14.8% of the remaining $8,043.61, Mr. Tranby's share of
the $11,322.11 amounts to a total of $4,470.12.
I trt this information clarifies the issue and if I can be of further
assi to e, please advise. I apologize for not providing this information in
a re ifely Manner.
If k I
Assisting City Engineer
cc: Thomas A. Colbert, Director of Public Works
Attachment
MPF/jj
FOR CITY USE ONLY`9�
Petition�,�
Date Reeei�
FEB8 1;.10
Presented to Council-lam-�y d
PETITION
LOCATION/SUBDIVISION TRANBY 1 st ADDITION - 3285 DODD ROAD, EAGAN , MN
I/We, the undersigned, owners of the real property adjacent to
DODD ROAD
or within TRANBY 1st ADDITION
hereby petition for:
Street improvements
Sanitary Sewer
Water Supply
Storm Sewer
Street Lights
Other (Explain)
X
X
(Street)
Subdi viainn ;
(Check requested items)
Ponding area at south side of my
rtv in lieu of storm sewer.
I/We understand that this petition does not in itself request the installation
of these improvements, but rather, request the preparation of a feasibility
report in which the estimated costs of these improvements will be tabulated.
I/We understand that upon receipt of this petition and the preparation of the
requested feasibility report, a public hearing will be held at which time we
may voice our support or opposition based on the costs as prepared in said
feasibility report.
If the requested improvements are denied for construction at the time of
public hearing,. I/we hereby guarantee payment for all costs incurred in the
praparation of this feasibility report.
ure of
1.
2.
Address of
3285 DODD ROAD, EAGAN, MN
I/We hereby waive our rights to the public hearing and request that detail
p%s and speons be prepared simultaneously and also guarantee their
resp�etivt coo -t I,- -u ply, ject is not awarded.
t
ture
V
Report for
Tranby let Addition
Storm Sewer and
Sanitary Sewer Improvements
d-�kpi C -
Date
EAGAN DEPT
Project No. 591
Eagan, Minnesota
April 1990
File No. 49507
Bonestroo
Rosene
Anderlik
Assmiates
Enpinsem & Amh1faMs
at P" u1nnomfe
Bones t roo
Rosene
_ Anderlik &
Associates
Engineers & Architects
April 4, 1990
Honorable Mayor and Council
City of Eagan
3630 Pilot Knob Road
Eagan, MN 55122
Ono G Bonesdroo. PE
Robert W Rosen, PE
Joseph C Arsdeft. RE
Richard E. Turner. P.E.
Jams C. Ohon. PE.
Glenn RCook. PE.
Thomas E Noyes. RE
Roben G. Schunicht. P.E.
Marvin L Sorvala. PE
Keith A Gordnn. RE
RKhard W Foster. PE.
Donald C Burga:; P.E.
Jerry A Bourdon. P.E.
Mark A Hanson. P.E.
Ted K. Field, P.E.
Michael T, Rautmann. RE
Ruben R Ptedlerle. RE
David O Loskota. P.E.
Thtmas W Peterson. PE
Re: Tranby 1st Addition
Storm Sewer and Sanitary Sewer Improvements
Project No. 591
Our File No. 49507
Dear Mayor and Council:
Michael C Lynch, PE.
James R Maland. PE.
Kenneth P. Anderson. RE
Mark R. Roth. P.E.
Robert C. Russek. A.I.A.
Thomas E. Angus. P.E.
Howard A. Sanford, P.E.
Daniel J Edgerton. P.E.
Mark A. Seip. P.E.
PW J Caswell. PE.
Mark D. Wis. PE
Thomas R Anderson. A 1,A.
Gary F. Rylander, P.E.
Mks B. Jensen. RE
L. Phillip Gravel KI. PE.
Charles A. Erickson
Leo M Pawelsky
Marton M Otson
kwn M. Eberbn. CRA_
Transmitted herewith is our report for Tranby 1st Addition Storm Sewer and
Sanitary Sewer Improvements. Also included is a preliminary cost estimate and
assessment roll.
We will be pleased to meet with the Council and other interested parties at a
mutually convenient time to discuss this report.
Yours very truly,
80NESTR00, ROSENE,, ANDERLIK & ASSOCIATES, INC.
Mar( -A. Hanson
MAH:li
Approved by:
Ir
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
under the laws of the Sta a Qf Mi sota.
V /"
Mark A. Hanson
Date: . Atir
DePartment o`€ Public Works
Date: — (:1 -<io
2335 West Highway 36 to St. Paul, MinnesotAa 55113 • 612-636-4600
(_1
Reg. No. 14260
SCOPE: This project provides for the construction of storm sewer and sanitary
sewer to serve Tranby 1st Addition and the surrounding area. Tranby 1st Addi-
tion is located on the west side of T.H. 49 approximately 1/4 mile south of
T.H. 55. Tranby 1st Addition includes one platted lot (approximately 3.2
acres) incorporating a proposed 12,000 sq.ft. office building. Also included
is the grading of a ponding area for the southwesterly 20 acres of this
drainage district.
FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering
standpoint and is in accordance with the recently updated Comprehensive Sani-
tary Sewer Plan for the City of Eagan. However revisions are proposed to the
recently updated Comprehensive Storm Sewer Plan. These revisions include
redirecting the storm water flow from drainage district E-10 to Pond EP -4 as
opposed to Pond EP -2 as recommended in the Comprehensive Plan. As a result,
because the storage and outflow requirements for Pond EP -4 are restricted,
additional ponding will be required in drainage district E-10. Meetings have
been conducted with the effected property owners and it's their desire to
provide additional ponding rather than incur additional costs to construct the
gravity storm sewer to Pond EP -2 as opposed to Pond EP -4. The gravity storm
sewer construction to Pond EP -2 is approximately $61,000 more than the con-
struction to EP -4 because of additional costs associated with a storm sewer
jacking beneath the railroad tracks and significant overdepth incurred for the
storm sewer pipe construction (+35') to Pond EP -2. Therefore, additional
ponding is proposed in drainage District E-10 to reduce their storm sewer
costs. The project as outlined herein can best be carried out as one contract
or combined with a similar type project.
Page 1 .
RPT49507
DISCUSSION:
Storm Sever and Ponding - Tranby lot Addition is located in drainage district
E-10 as designated in the 1990 Comprehensive Storm Sever Plan. As previously
mentioned Drainage District E-10 was intended to drain by a gravity storm
sever to Pond EP -2. However, after investigating four different alternatives
and their cost, the effected property owners have indicated they prefer to
provide ponding and reduce their storm sewer costs. Therefore, the proposed
lateral storm sever for this project provides for constructing a 12" and 24"
diameter storm sever along the railroad right-of-way to Pond EP -4 as shown on
the attached drawing. The proposed storm sewer is designed to convey storm
water runoff from approximately 62 acres located in Drainage District E-10 as
shown in Figure No. 1. Due to the limited storage and outflow requirements
associated with Pond EP -4 additional ponding is required. The storm sever
design assumes the drainage district is divided into three drainage districts
approximately 20 acres in size. It is assumed each drainage district will
provide ponding based on a restricted outflow of 3 cubic feet per second (cfs)
which results in a storage requirement of 5.0 acre feet. Therefore, the
combined flow rate into Pond EP -4 from the three individual ponding areas is
10 cfs. In addition, it is assumed the existing 16" DIP force main through
Drainage District E-10 from the railroad tracks to Pond EP -2 could be aban-
doned in the future and its storm water flow could be redirected to Pond
EP -4. The proposed 24' storm sever for this project provides for a designed
outflow from the three ponding areas (3 cfs each, 10 cfs combined) and the ex-
isting 16" force main (8.9 cfs). However, it's recommended at this time that
the existing 16" force main not be removed until development requires it to be
removed thereby incorporating its removal cost with the cost of development.
Page 2 .
RPT49507
As indicated three individual ponding areas are required to restrict the
storm water flow into Pond EP -4 Due to the Tranby Addition Development and
the willingness of the effected property to provide the required ponding at
this time, it is proposed as part of this project to construct the ponding
area (Figure No. 3) that serves Tranby Addition and the abutting property
(approximately 20 acres). In the future when the other 20 acre areas develop,
the required ponding for those areas will be constructed with their develop-
ment. Listed below are the ponding requirements for Pond EP -4 and EP -4A
(Tranby Pond). The ponding requirements for Pond EP -4 includes the storm
water flow from the existing 16" DIP force main.
Tributary 100 year Wet
Area Storage Storage Outflow
(acre) NWL HWL (ac.£t.) tac.ft.) cfs
Pond EP -4 31.7 846.5 853.5 7.5 0 26
Pond EP -4A (Tranby) 20.9 866 874 5.0 0.64 3
As noted, the wet storage in Pond EP -4A is 0.64 acre feet in accordance
with the Comprehensive Water Quality Plan. Wet storage does not exist in Pond
EP -4 which was developed as part of the Dart Transit Development. Wet storage
in Pond EP -4 is required for the drainage area that's tributary to it. There-
fore it's cost will be the responsibility of it's drainage area and is not
proposed to be developed with this project.
Sanitary Sewer - Sanitary sewer proposed herein includes extending an 8"
gravity sanitary sewer northerly from the existing 18' trunk gravity sewer
located along the railroad right-of-way. The proposed alignment is shown on
Figure No. 5 located at the back of this report.
Page 3
RPT49507
EASEMENTS;PERMITS: The proposed gravity storm sewer located along the rail-
road property to Pond EP -4 will be constructed adjacent to the existing 20'
wide utility easement incorporating the 18" trunk sanitary sewer. Therefore,
additional permanent easement and temporary construction easements will be
required. In addition, permanent pond easement will also be required for the
pond construction serving Tranby let Addition and the surrounding area.
Listed below are the permanent and temporary easement requirements. Easements
required within the Tranby let Addition will be dedicated through the platting
process. It is anticipated additional easements will be acquired at no cost.
If costs are incurred, they will be added to the project cost and assessed
accordingly.
Parcel
Description
SECTION 12
Parcel 010-27
Parcel 010-29
Parcel 010-30
Parcel 010-53
Parcel 020-52
Permanent
Utility
Easement
16,000 sq.ft.
24,000 sq.ft.
3,000 sq.ft.
Permanent
Pond Temporary
Easement Easement
32,000 sq.ft.
48,000 sq.ft.
12,000 sq.ft.
14,000 sq.ft. 40,000 sq.ft.
5,600 sq.ft. 10,000 sq.ft.
COST ESTIMATES: Detailed costs are presented in Appendix A located at the
back of this report and are summarized below:
Storm Sewer Lateral $129,740
Storm Sewer Ponding 35,490
Sanitary Sewer 28,040
TOTAL .................... $193,270
Page 4 .
RPT49507
I 3
The total estimated project cost including contingencies and all related
overhead is $193,270. Overhead costs are estimated at 30I and include legal,
engineering, administration and bond interest.
AREA TO BE INCLUDED:
ASSESSMENT AMD CONSTRUCTION AREA
SECTION 12
Parcel 010-27
Parcel 010-28 (Tranby 1st Addition)
Parcel 010-29
Parcel 010-30
Parcel 010-52
Parcel 010-53
Parcel 011-50
Parcel 020-52
AUDITOR'S SUBDIVISION NO. 38
Lot 12 (Tranby 1st Addition)
GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION
Lot 1, Block 2
Outlot E
Outlot P
ASSESSMENTS: Assessments are proposed to be levied against the benefited
property as shown on the attached drawings. A preliminary assessment roll is
included at the back of this report in Appendix B. All lateral costs will be
revised based on final costs. These assessments will be spread over 10 years
at an interest rate based on the bond sale financing this project.
Page 5 .
RPT49507
STORM SEWER LATERAL: Storm sewer proposed herein is lateral. Therefore, it
is proposed to assess all storm sever costs to the benefited drainage area on
a square foot basis as shown on Figure No. 2. Trunk area storm sever was
previously assessed for this area as part of City Project No. 381 and 319.
STORM SEWER PONDING: Storm sever ponding is proposed to be assessed only to
the area which drains to Pond EP -4A (Tranby). The drainage area is shown on
Figure No. 4 and is proposed to be assessed on an area basis.
SANITARY SEWER: Sanitary sewer proposed herein is considered lateral. It is
proposed to assess sanitary sewer on a front foot basis to the property it
abuts. Trunk area sanitary sewer was previously assessed as part of City
Project No. 29.
REVENUE: Revenue sources to cover the cost of this project are listed below:
Page 6 .
RPT49507
Project Cost
Revenue
Balance
STORM SEWER LATERAL
Lateral
$129,740
Lateral Assessment
$129,740
$129,740
$129,740
- 0 -
STORM SEWER PONDING
Lateral
$ 35,490
Lateral Assessment
35.49
$ 35,490
$ 35,490
- 0 -
SANITARY SEWER
Lateral
$ 28,040
Lateral Assessment
L28,040
$ 28,040
$ 28,040
- 0 -
Page 6 .
RPT49507
PROJECT SCHEDULE
Present Feasibility Report
Public Hearing
Approve Plans and Specifications
Open Bids/Award Contract
Complete Construction
Assessment Hearing
First Payment Due with Real Estate Taxes
Page 7 .
RPT49507
April 17, 1990
May 17, 1990
June, 1990
July, 1990
September, 1990
March, 1991
May, 1992
APPENDIX A
PRELIMINARY COST ESTIMATE
TRANBY IST ADDITION
STORM SEWER AND SANITARY SEWER IMPROVEMENTS
PROJECT NO. 591
I. STORM SEVER
LATERAL
1,700
Lin.ft.
24' RCP Storm sewer, 10'-20' dp. in pl.@ $34.00/l.f.
$
57,800
450
Lin.ft.
12" RCP Storm sewer, 0'-10' dp. in pl. @ $28.00/l.f.
12,600
1
Each
24" RCP apron @ $1,000.00/ea.
1,000
1
Each
12" RCP apron $600.00/ea.
600
6
Each
Std. 4' dia. MH w/cstg. @ $1,000.00/ea.
6,000
30
Lin.ft.
MH depth greater than 8' @ $80.00/l.f.
2,400
20
Cu.yds.
Rip rap @ $100.00/cu.yd.
2,000
1
Each
Connect to ex. 36" RCP culvert @ $500.00/ea.
500
6
Acres
Seed w/mulch & fertilizer @ $1,500.00/Ac.
9,000
100
Cu.yds.
Rock stabilization below pipe @ $10.00/cu.yd.
1,000
2,150
Lin.ft.
Mechanical trench compaction @ $1.00/l.f.
2,15.0
Total
$
95,050
+55 Contingencies
4.750
$
99,800
+305 Legal, Engrng., Admin. & Bond Interest
_
29,940
TOTAL PART I ...................................... $129,740
II. STORM SEWER PONDING
8,000 Cu.yds. Pond excavation @ $2.50/cu.yd. $ 20,000
4.0 Acres Seed w/topsoil 6 mulch @ $1,500.00/Ac. 6
1000
Total $ 26,000
+55 Contingencies 1.300
$ 27,300
+305 Legal, Engrng., Admin. & Bond Interest 8.190
TOTAL PART II ..................................... $ 35,490
RPT49507
Page 8 .
-11
PART III - SANITARY SEVER
710
Lin.ft.
8' PVC Sanitary sewer @ $15.00/l.f.
$
10,650
8
Lin.ft.
8. Outside drop section @ $80.00/l.f.
640
4
Each
Std. 4' dia. MH w/cstg. @ $900.00/ea.
3,600
10
Lin.ft.
MH depth greater than 8' dp. @ $70.00/l.f.
700
3
Each
8' x 6' PVC vye @ $80.00/ea.
240
1
Each
Connect MH to existing 18' RCP @ $500.00/ea.
500
50
Cu.yds.
Rock stabilization below pipe @ $10.00/cu.yd.
500
2.0
Acres
Seed w/mulch & fertilizer @ $1,500.00/ac.
3,000
710
L.F.
Mechanical trench compaction @$1.00/1.f.
710
$
20,540
+52 Contingencies
1,030
$
21,570
+30X Legal, Engrng., Admin. & Bond Interest
_
61470
TOTAL PART II .....................................
$
28,040
Page 9 .
RPT49507
iq
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
TRANBY 1ST ADDITION
STORM SEWER AND SANITARY SEWER IMPROVEMENTS
PROJECT NO. 591
I. STORM SEWER LATERAL
Parcel
Area
Assessment
Total
Description
(Sg.ft.)
Rate
Assessment
SECTION
12
Parcel
010-27
422,400
$0.051
$ 21,701
Parcel
010-28 (Tranby)
117,300
0.051
6,026
Parcel
010-29
472,000
0.051
24,250
Parcel
010-30
106,250
0.051
5,459
Parcel
010-52
39,900
0.051
2,050
Parcel
010-53
630,000
0.051
32,367
Parcel
011-50
424,000
0.051
21,783
Parcel
020-52
46,200
0.051
2,374
AUDITOR'S SUBDIVISION NO.
38
Lot 12
(Tranby)
18,750
$0.051
$ 963
GOPHER EAGAN INDUSTRIAL PARR 2ND ADDITION
Lot 1, Block 2 156,000 $0.051 $ 81015
Outlot E 82,500 0.051 4,239
Outlot F 10,000 0.051 513
2,525,300 $129,740
Page 10.
RPT49507
II. STORM SEWER PONDING
Parcel
SEWER
Area
Assessment
Total
Description
Assessable
(Sq.ft.)
Rate
Assessment
SECTION 12
Rate/F.F.
Assessment
SECTION 12
Parcel
010-28 (Tranby)
117,300
0.040
4,700
Parcel
010-30
106,250
0.040
4,257
Parcel
010-52
39,900
0.040
1,598
Parcel
010-53
474,800
0.040
19,025
Parcel
020-52
46,200
0.040
1,851
AUDITOR'S SUBDIVISION NO. 38
$ 28,040
Lot 12
(Tranby)
18,750
$0.040
$ 751
GOPHER
EAGAN INDUSTRIAL
PARR 2ND ADDITION
Outlot
E
82,500
0.040
3,308
885,700
$ 35,490
PART III - SANITARY
SEWER
Parcel
Assessable
Total
Descrivtion
Footage
Rate/F.F.
Assessment
SECTION 12
Parcel 010-28
820
$19.75
$ 16,192
Parcel 010-29
100
19.75
1,975
Parcel 010-30
370
19.75
7,306
Parcel 010-52
100
19.75
1,975
Parcel 020-52
30
19.75
592
1,420
$ 28,040
Page 11.
RPT49507
AUDITOR'S SUBDIVISION NO. 38
Lot 12 (Tranby lst Addn.) $ 963 $ 751 $ 1,714
GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION
Lot 1, Block 2 $ 8,015 $ B4O15
Outlot E 4,239 $ 3,308 7,547
Outlot F 513 513
$129,740 $35,490 $ 28,040 $193,270
Page 12.
RPT49507
SUMMARY
PRELIMINARY ASSESSMENT
ROLL
TRANBY IST ADDITION
STORM SEWER AND SANITARY SEWER
IMPROVEMENTS
PROJECT NO. 591
Storm
Lateral
Parcel
Lateral Sewer
Sanitary
Total
Descri
tion
Storm Sever Ponding;
Sewer
Assessment
SECTION 12
Parcel
010-27
$ 21,701
$ 21,701
Parcel
010-28
(Tranby 1st
Addn.) 6,026 $ 4,700
$ 16,192
26,918
Parcel
010-29
24,250
1,975
26,225
Parcel
010-30
5,459 4,257
7,306
17,022
Parcel
010-52
2,050 1,598
1,975
5,623
Parcel
010-53
32,367 19,025
51,392
Parcel
011-50
21,783
21,783
Parcel
020-52
2,374 1,851
592
4,817
AUDITOR'S SUBDIVISION NO. 38
Lot 12 (Tranby lst Addn.) $ 963 $ 751 $ 1,714
GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION
Lot 1, Block 2 $ 8,015 $ B4O15
Outlot E 4,239 $ 3,308 7,547
Outlot F 513 513
$129,740 $35,490 $ 28,040 $193,270
Page 12.
RPT49507
AP L RD
5 4 2
11000
1
26 2
3
25
4
24 4�-
1
Pond EP -4
Proposed 24"
Storm Sewer
011-50
BN��SpLL
5 st.
ADD. GZ
2
���
, Maintain Ex. 16"
DIP F.M.
tV
w
2 O
4 3 17
1%, 5 I 16 (7 18
%P
060-08
Future
Pond
71-
10
010-29
TRANSD
1 St. AD
xistin
t 6" D P F.M.
010-30
r
010-52
Ex. 36" Culvert 20-52
Pond Proposed 12"
EP -2 Storm Sewer
011-75 011-50 010-53
0 300 600 Pond EP -4A
Scale in feet
Bone
no
1st Addition st�oo E"°'�." a,►.a,"
Ro
ne
Storm Seger Improvements � Ro
� ee
Associates
Eagan, Minnesota W. Pout ��^M.^t.
City Project No. 591 comm April 1990 �Fl9. No. 1
. I 'V'jnn��
�a
3
e
9
191-03 10
11
Y12
13
14
191-04
011-75 TR4NBY IST
AD MON
0 600 1200
Scale in feet
S:
H�wAr /Wo. ss
011--50
BENIFiTTED '
LATERAL
ASSESSMENT AREA
Tranby tat Addition
Storm Sewer Improvements
Assessment Map
City Project No. 591
030-52
072'
Bonestroo N
Englnrs &Archlf-et•
0 Rosene
Anderlik &
Associates of. Paul, ulnnewls 10
Date: April 1990
Comm. 49507 Fig. No. 2
010-27
BORCHER
�N�ERSOLLQ
,.St. ADO -
011 -50
Future
Pond
010-29
Proposed 24"
Storm Sewer
Existing
16" DIP F.M.
0 200 400
Scale in feet
Tranby let Addition
Pond EP -4A
Eagan, Minnesota
City Project No. 591
0.
010-30
010-52
020-52
Pond EP -4A
HWL = 874.0
010-53 NWL = 866.0
Sonestroo Enpfn��rs Q�Arehrf�et�
Rosene
Anderlik 8
Assoclates st. Pout Mfnersets
Date: April 1990
Comm. 49507 Fig. No. 3
101-02
101-Oi
102-02S 4 3
3 102-02 e o
E*15 14 i 3
PARK
21
27
26
25
ID•
24
22 23
7
1
1
�54
3 2
1
152
010-27
IN''`' ADD•
X57
011-75 TRAN BY 15T
ADDITION
191-04 14
0 600 1200
Scale in feet
Tranby let Addition
Ponding Improvements
Assessment Map
City Project No. 591
.r---� Nor NO. 35
17*
010-29
BENIFITTED
LATERAL
ASSESSMENT AREA
PONDING ata -W
011-30
030-52
050-52
1 2
9onestroo Enulnaera &TLrRecta
® Rosene
Anderiik 6
Associates s,. rapt Minnesota
Date: April 1990
Comm. 495071 Fg• No. 4
6
0
101-03
10
11
�
12
13
1
1
�54
3 2
1
152
010-27
IN''`' ADD•
X57
011-75 TRAN BY 15T
ADDITION
191-04 14
0 600 1200
Scale in feet
Tranby let Addition
Ponding Improvements
Assessment Map
City Project No. 591
.r---� Nor NO. 35
17*
010-29
BENIFITTED
LATERAL
ASSESSMENT AREA
PONDING ata -W
011-30
030-52
050-52
1 2
9onestroo Enulnaera &TLrRecta
® Rosene
Anderiik 6
Associates s,. rapt Minnesota
Date: April 1990
Comm. 495071 Fg• No. 4
Ex. 18" Sanitary Sewer-/
Proposed 8" Sanitary Sewer
—Lateral Assessment
its Assessable Footage
0 300 600 '
Scale in feet
Tranby 1st Addition
San. Seger and Assessmen
Eagan, Minnesota
City Project No. 591
010-30
eonsatroo
Emglmorr Q Arch(taet�
Robene
Anderllk a
Assoclaterl
St. Paul, Mlnnawta
Date: April 1990
1[
Comm. 49507 Fig. No. 5
AGREEMENT
WHEREAS, JOSEPH OLE TRANBY, ("Tranby") is the owner of property
located within the City of Eagan and legally described as Lot 1,
Block 1, Tranby 1st Addition, Dakota County, Minnesota ("Property");
and
WHEREAS, upon request by Tranby to the City of Eagan in
connection with the plat and potential development of the Property,
the City did undertake the preparation of a feasibility report to
provide storm sewer and sanitary sewer improvements to the Tranby
Property under Public Improvement Project No. 591; and
WHEREAS, t4he plat was approved subject to the execution by Tranby
of a Development Contract requiring the installation of the sanitary
and storm sewer improvements under Public Improvement Project No.
591, which Development Contract was signed on June 19, 1990; and
WHEREAS, prior to the City of Eagan finalizing the preparation of
the plans and specifications for Public Improvement Project No. 591,
Tranby requested that the City cease work on the public improvement
project as it was his desire to discontinue developing his Property;
and
WHEREAS, the request to discontinue the public improvement
project was made subsequent to the filing by Tranby of the plat for
Tranby 1st Addition.
NOW THEREFORE, based on the foregoing recitals, the undersigned
does hereby agree as follows:
I
1. No development or improvements of any kind whatsoever shall
take place by Tranby, his heirs, successors in interest and/or
assigns, without the prior authorization by Resolution of the Eagan
City Council.
2. This agreement is being made to assure the proper installation
of sanitary and storm sewer services to the Property.
3. This agreement shall be recorded with the Dakota County
Recorder's office to serve as notification to all interested parties,
that further consent by the Eagan City Council shall be required
prior to the development and/or improvement of the property.
IN WITNESS WHEREOF, the undersigned has set his hands this
day of November, 1990.
Witness:
JOSEPH OLE TRANBY
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day
of , 1990, by JOSEPH OLE TRANBY, a single person.
Notary Public
APPROVED AS TO FORM:
l
-------------------
City Attorney's Office
Dated:
APPROVED AS TO CONTENT:
Public Works Department
Dated:
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, WILCOX & SHELDON, P.A.
600 Midway National Bank Bldg.
7300 West 147th Street
Apple Valley, MN 55124
(612) 432-3136
MGD
uv
Y
Agenda Information Memo
December 18, 1990, City Council Meeting.
RENEW JOINT POWERS AGMT
STRIPING SWEEPING & SEAL COATING
W. Renew Joint Powers Agreement For Striping, Sweeping & Seal Coating --Every year,
the communities of Savage, Burnsville, Lakeville, Apple Valley, Rosemount and Eagan
have entered into a Joint Powers Agreement to combine our contractual needs for traffic
markings/striping, street sweeping and/or seal coating to achieve the best prices under the
economies of scale theory. This agreement is again being presented to the City Council
for ratification and approval for the 1991 construction season. It has been reviewed by
the Director of Public Works and found to be in order for favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1991 Joint Powers
Agreement for contractual striping, sweeping and seal coating services.
ID
Agenda Information Memo
December 18, 1990, City Council Meeting
"CEA,_'
VACATION NDTREE 3RD ADDN
A. Vacate Portion of Drainage & Utility Easement (Lot 6, Block 1, Windtree 3rd
Addition) --On September 4, 1990, the City Council considered and subsequently denied
a sideyard setback Variance for this referenced parcel. During that Variance application
process, it was discovered that the e)dsting house was inadvertently located within the
common lot line drainage and utility easement on the east side of this parcel.
Subsequently, the property owner submitted a petition requesting the vacation of a portion
of this side lot line drainage and utility easement. This petition was presented to the City
Council on November 6 with the public hearing originally being scheduled for December
4. However, it had to be continued until December 18 to ensure proper notification of
all potentially affected parties. Enclosed on pages g-2—through is a sketch and
legal description pertaining to the portion of the easement requested to be vacated and
a letter from the affected property owner. All notices have been published in the legal
newspaper and sent to all potentially affected parties informing them of this public hearing
on December 18. As of this date, the staff has not received any objections to the
proposed petition.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve the vacation of a portion of the side lot line drainage and utility easement as
described on Lot 6, Block 1, Windtree 3rd Addition.
At
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Commpncina at the scat southerly corner of lot F, Block 1, Windtree
3rd Addition, thence northeasterly along the southeast lot line of
said Lot b a distance of 40.00 feet, thence left 90' a distance of
5.00 feet to the point of beginning, thence right 90' a distance
of 30.00 feet, thence right 90' a distance of 2.00 feet, thence
right 90' a distance of 30.00 feet, thence right 90' a distance of
2.00 feet to the point of beginning and there terminating.
M
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ACATED
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Agenda Information Memo
December 18, 1990 City Council Meeting
REQUEST TO WAIVE FEES AND SANITARY SEWER REQUIREMENT
TRINITY LONE OAK CHURCH
A. Request to Waive Fees and Sanitary Sewer Requirement, Trinity Lone Oak Church --A
request has been received of Trinity Lone Oak Church to waive certain fees relative to the
platting of the church property. In particular, Trinity Lone Oak is requesting waiver of the
trail dedication fee, water quality fee, park dedication fee and final plat escrow deposit. In
addition to these waivers of fees, the church is also requesting waiver of preliminary plat
condition #6 as approved on July 17, 1990 with respect to extension of sanitary sewer
service to the southerly adjacent properties. A copy of Trinity Lone Oak's correspondence
covering this request in enclosed on pages _�4 through Q I for your review.
Community Development Director Runkle has reviewed past practice with respect to fees
charged to Eagan churches for the platting of ne and existing church facilities. A memo
addressing these practices is enclosed on page . It has been the policy and the practice
of the City to treat such properties in a similar fashion to other platted pro erties as regards
fees. With respect to the specific requests for waiver, enclosed on pages through�n
you will find a memorandum from Parks and Recreation Director Vraa relative to park and
trail dedication. Park land dedication for public facilities/church properties has been
identified as a potential obligation of the property but held in abeyance. If the property
were to ever change from a public facility zoning to a different land use, the parks
dedication free would be charged. While the fee is not waived for the property in
perpetuity, it is waived for all practical purposes as long as the property remains in use as
a church facility. With respect to trails dedication, the City's trails dedication policy is
intended to be applied to all zoning classifications.
With respect to the water quality fee, this also has been applied to all categories of property
since its implementation by the City Council. The final plat escrow deposit, on the other
hand, is a financing mechanism to insure coverage of certain costs related to a development.
An applicant is responsible for all plat related costs guaranteed by the final plat escrow. If
the costs are less than the escrow deposit, those monies will be returned. If costs exceed
the initial escrow deposit, additional escrow deposits are required to assure the full value
of final plat costs. Waiver of the escrow deposits themselves would not eliminate the
responsibility of the applicant to cover the costs of the plat.
Also enclosed on pages through you will find a memorandum from Public Works
Director Colbert regarding possible modifications to the sanitary sewer service district or
a dedication of a sanitary sewer easement to maintain flexibility with respect to the Kolb
and Steiniger prop: -*ies. As the memo indicates, one or both of these alternatives can be
undertaken to eliminate the current need for the church to extend the sanitary sewer service
across their property while assuring future service to the adjacent properties. Also enclosed
on pages ki._ through _D are a memorandum from Design/Development Engineer
Windgard utlining previous discussions in this regard.
�V-
Agenda Information Memo
December 18, 1990 City Council Meeting
A summary of the financial obligations related to this plat is enclosed on page (( .
The fees, conditions and requirements associated with this preliminary plat are consistent
with City wide policy as it is applied to all categories of zoning and land use. An alternative
to sanitary sewer service requirement has been identified by the Director of Public Works
to reduce current costs for that item. If the Council wishes to waive any of the fees, it
would be in the best interests of the City that findings be identified outlining the specific
reasons for any waiver to insure consistent application of the City policies in the future. As
is indicated above, the Advisory Parks and Recreation Commission is not recommending
that Trinity Lone Oak be charged at the present time for park land dedication and the final
plat escrow deposit is merely a guarantee mechanism for final plat related costs.
Consideration of waiver of these is ultimately a policy decision on the part of the Council.
ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve or deny a request from
Trinity Lone Oak Church to waive some or all of the fees identified in their request and,
2) to approve or deny a waiver of condition 6 of the preliminary plat relative to extension
of the sanitary service across the property provided such service is guaranteed through the
dedication of a utility easement and/or relocation of the sanitary sewer drainage boundaries.
q ��
Trinity LOak Lutheran
Churcrone i and School
2950 Highway 55
Eagan, Minnesoia 55121
Church office (612) 454-77235
School office (612) 454.1139
The Honorable Mayor Thomas Egan, and
City Counsel Members
City Hall
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mayor Egan and Counsel Members:
November 30, 1990
Our church plans a $1.1 million remodeling and addition
Donald Wilke, Pastor to our existing building. Because of the "landmark"
Home phone (612)454-3940 status of our church building, we plan to add in such a
manner that the existing church structure remain nearly
intact.
When we submitted our plans to the City, we were informed
that our property needed to be platted because the City
of Eagan no lona_er allowed a metes and bounds system.
Although we had no personal or business interest in plat-
ting our property, we cooperated fully with the City.
However, once the property was platted, the City pro-
posed, in part, fees in the following categories:
Trail Dedication Fee
Water Quality Fee
Park Dedication. Fee
Final Plat Escrow Deposit
The research we have done indicates that these fees came
about as a result of Eagan's rapid growth, especially
after the completion of Intrastate Highway 35E, and were
intended, as a matter of public policy, to apply to sub-
dividers. For example, the last sentence under para-
graph 1 of City of Eagan Trail Dedication Policy states
in relevant part:
'1. . .[T]he Counsel has resolved that as a pre-
requisite to plat approval, subdividers [emphasis
added] shall dedicate land for trails and/or shall
make cash contributions to the City's park trail
fund as provided by this section."
Accordingly, we believe the fees listed above do not
apply to our church, and, respectfully request waiver
of the fees for the following reasons:
(1) Although the fees seem reasonable in the case
of a developer, we are not a developer, or, for that
matter, a subdivider - we are a church.
(2) We had no personal
platting our property, but
City in so doing.
or business interest in
cooperated fully with the
(3) our sole purpose in going to -the City with our plans
was to obtain a building permit.
(4) Public policy Mould not be served by applying these
fees to a non-profit organization owning land with a existing
building and desiring only to expand.
(5) were it not for the requirement to plat our property,
these fees would not have been proposed.
As a separate matter, and completely unrelated to the fee
issue discussed above, we also request waiver of a proposed
City requirement to install a sanitary sewer across the en-
tire width of our property. Under the plans we submitted
we would connect to a sewer line now bordering the North
boundary of our property and run this line to our school and
church. The City is proposing that the sanitary sewer be
eXtended to the Southern boundary of our property, an addit-
ional distance of at least 300 feet.
In addition to the cost involved with this extension, from
which ve would receive no benefit, we would be unduly harmed.
The sanitary sewer line would require an easement and we
would be prevented from e;:panding our school to the South and
East at some later date. Because we are one of the only
Lutheran Church - Missouri Synod parochial schools in the
area, and because of our recent emphasis on a pre-school prc-
cram and full accreditation, future prospects for expansion
remain strong.
Thank you for your consideration of this matter.
Respectfully submitted,
Martin J. Schuetze
Spokesperson, Building Committee
CGP) tu: ThVLiab Hcci_,e&, City Aumi:iistrator
M E M O R A N D U M
TO: JON HOHENSTEIN, ASST. TO THE CITY ADMINISTRATOR
FROM: DALE C. RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
DATE: DECEMBER 3, 1990
RE: FEES CHARGED FOR CONSTRUCTION/EXPANSION OF CHURCHES
The Community Development Department has researched past building activities which have been
processed for the expansion, or development, of churches within the City. It appears that
the City has been consistent in requiring the platting of all church facilities. Listed
below, all churches have been platted within the community.
In reviewing the fees, it has been a requirement to collect a road unit -fee and a water
treatment fee, as well as a building permit fee based on the proposed valuation for the
addition. The one fee which has been continually waived has been the park dedication
requirement. A new fee implemented by a recent Ordinance (not required previously), is the
storm water utility. Trinity Lone Oak Church is the first facility coming in with this fee
due. There may be some discussion, or policy direction from the Council, regarding the water
quality fee for new/existing church facilities.
Following is a list of churches that have been researched indicating fees charged in the
Past.
If you need additional information, please advise.
Community Development Director
DCR/j s
ROAD
TREATMENT PARD;
VALUATION
UNIT
PLANT DEDICATION
Advert United Methodist
320,000
4,350
624 ------
All Saints
350,000
2,896
408 -----
Beautiful Savior
160,000
2,758
156 -----
Community of Joy
270,000
5,928
408 -----
Eagan Evangelical Covenant
396,000
5,115
756 ------
Easter Lutheran
522,000
3,271
624 -----
Peace Reformed
900,000
6,720
1,584 -----
Peace Reformed (addition)
1,100,000
-----
1,824 -----
St. John Neumann
628,140
3,546
---- -----
St. John Neumann (addition)
1,717,000
-----
2,772 -----
If you need additional information, please advise.
Community Development Director
DCR/j s
MEMORANDUM
TO: TONI HEDGES, CITY ADMINISTRATOR
FROM: )J KEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: DECEMBER 3, 1990
RE: TRINITY LONE OAK CHURCH ADDITION
REQUEST FOR WAIVER OF TRAILS DEDICATION FEE
The Advisory Parks and Recreation Commission at the July 12, 1990 meeting
recommended that the Trinity Lone Oak Church Addition be subject to a Trails
Dedication fee. The fee would be based on the platted property excluding the existing
cemetery. This area of 5.63 acres at $854.00/acre equates to a total trails obligation of
$4,808.02. This amount was derived based on Section 3,A of the Tails Dedication Policy:
CASA DEDICATION
A. In lieu of trail land dedication as set forth on the City's Trail Plan, the City
may require the following cash donations:
Residential Dwelling Units $100.00 per dwelling unit
Comm erciallndustrial/Public Facility $854.00 per acre
The Trails Dedication Policy was based, adopted and since applied to al land uses
in the Cite of Eagan. This broad-based land use approach, which includes public facilities,
assures a comprehensive and equitable approach to the completion of Eagan's Trail
System.
Section 1 of the Trails Dedication policy states:
1. PURPOSE
The City Council recognizes that in the best interest of the health, safety and
welfare of the residents of Eagan, that a standard be adopted to complete the Park
Tail System as set forth in the Eagan Comprehensive Guide Plan. The Eagan trail
system is designed to provide links between the various points of interest and public
facilities which exist and are planned within the community. To more adequately
assure the timeliness and priority of the completion segments of the trail system,
the Council has resolved that as a prerequisite to plat approval, subdividers shall
dedicate land for trails and/or shall make cash contribution to the City's park trail
fund as provided by this section.
TRINITY LONE OAK CHURCH
PAGE TWO
DECEMBER 3, 1990
The determination for platting of the property as a result of the proposed improvements
tied the proposal into the obligation of the Trails Dedication Policy. The proposal was
reviewed and recommendations made based on criteria within the adopted policy. If the
Council determines that a waiver should apply to this preliminary plat, Staff requests that
specific rationale be determined thus providing a consistent interpretation for future
development proposals.
be
MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR
FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: DECEMBER 12, 1990
SUBJECT: TRINITY LONE OAK CHURCH ADDITION
SANITARY SEWER SERVICE/EXTENSION REQUIREMENTS
BACKGROUND & ISSUE
The Trinity Lone Oak Church is proposing to plat their property to
accommodate the expansion of their current church and school
facilities. The sanitary sewer needs for the existing facilities
are being provided by a private septic tank and drain field. As
a part of this expansion, the church is proposing to provide a
sanitary sewer service connection directly from the trunk sewer
line located adjacent to and parallel with the north property line
of this development.
As can be seen by the attached sketch of the Comprehensive Trunk
Sanitary sewer System, the Trinity Lone Oak Church Addition is
located within District H -GG to be serviced by the 18" trunk main
along its northern boundaries. However, District H -GG also
incorporates several other private properties to the south and east
which are also proposed to be serviced by this same 18" trunk main
on the north side of the Church.
It has been the practice of the City to require any development
within an identifiable service district to install the utilities
necessary to service their development as well as extend these
facilities to their boundary to then be continued on with
subsequent development. Subsequently, the staff report for the
preliminary plat application identified the need to extend the
sanitary sewer to the south property line of the Trinity Lone Oak
Church for future extension and service to adjacent private
properties within the sewer district (Condition #6 of staff report
dated June 18, 1990).
The attached site plan layout of the church shows the relationship
of the sanitary sewer service necessary to accommodate the
expansion of the Trinity Lone Oak Church facilities as well as the
additional sewer required to extend it to its south property line.
The church has requested reconsideration of this preliminary plat
condition due to the additional expense associated with this
sanitary sewer extension to service other properties.
� 01
ANALYSIS
The Engineering Division has reviewed and analyzed the future
sanitary sewer demand for the south half of District H -GG and the
capacity of the existing facilities within District N -DD to the
south. It has been determined that the boundary between N -DD and
H -GG could be relocated northerly from Lone Oak Road to the south
boundary of the Trinity Lone Oak Church with no negative impact on
the existing or proposed future sanitary sewer system. Therefore,
the property between the church and Lone Oak Road (Kolb and
Steiniger) can be serviced from either district to the north or
south.
If the district boundary is revised and shifted to the boundary of
the Trinity Lone Oak Church Addition, the church would be required
to only provide sanitary sewer service as necessary to accommodate
their own needs without having to extend it to the south at their
expense.
However, this will require future sanitary sewer service for the
Kolb and Steiniger property to be provided by a sewer crossing of
Lone Oak Road which could be accommodated with the proposed
upgrading of Lone Oak Road in the next 4-5 years.
PRECEDENCE FACTORS
A very similar situation occurred with the development of the
Advent Methodist Church Addition located on the west side of
Lexington Avenue north of Northview Park Road extended. In that
situation, sanitary sewer was provided to the north property line
of the church by the previous development (Westbury Addition). The
property to the south of the Advent church had been planned to be
serviced from an extension of the sanitary sewer through the church
property. Subsequently, the church was required to extend the
sanitary sewer through its site to its south property line for
future extension.
However, there was a potential alternative to provide the future
sanitary sewer service for the southerly properties from another
district. Subsequently, the church entered into a special separate
recordable agreement whereby they dedicated a 60' utility easement
through their property with the final plat to accommodate its
future extension when requested by the City. The future extension
would be at the expense of the church in accordance with past
practice. However, the agreement provided for the cost of this
extension, if necessary, to be financed by the Church and levied
as a special assessment against the church property. If the
sanitary sewer extension through the church property was not
necessary in the future, the City agreed to vacate the easement.
STAFF'S POSITION
Due to the fact that the property south of the Trinity Lone Oak
Church has no immediate plans for development requiring sanitary
sewer service and, when needed, can be provided from two
alternative directions, the installation of the sanitary sewer
extension through the Trinity Lone Oak Church may be premature and
not necessary at this time. However, a dedicated easement with
the plat and a special agreement similar to Advent United Methodist
Church could maintain maximum flexibility for all parties concerned
without incurring unnecessary expense at the present time.
The location of the future sewer alignment and related 60' utility
easement is shown on the attached sketch.
SUMMARY
I will be happy to explain in further detail any issue pertaining
to this item.
Respectfully submitted,
Director of Public Works
TAC/jj
Attachments
cc: Mike Foertsch, Assistant City Engineer
John Wingard, Development/Design Engineer
Dale Runkle, Director of Community Development
Trinity Lone Oak Church (Len Perron)
Architect (Aldon Morrison)
Mr. Kolb
Mr. Steiniger
3
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Page MEAGAN CITY COUNCIL MINtMES,
July 17, 1990
Because the change in right -of.,%* i rou)d result in to the builder, Gustafson moved,
Wachter seconded, a motion to approve ti%%Ait etions for 4-2T variance to the 50' setback from major
thoroughfares for the following: 1) Lot 1, Blotli... 't'ky!",
-R MILS Addition, 2) Lot 1, Block 5, Fairway HilLs
2nd Addition, and 3) Lot 4, Block 1, proposed 'Fairway Hills 4th Addition subject to the following
conditions:
1. All other setbacks shall be met.
2. All applicable Ordinances
..............
Aye: 5 Nay- 0
PLEZONINGIPRELDAWARX PLAT
7RIIM"Y LIDNF- 10"" * ADDMON
Met introductory remarks by Mayor Egan and Ciq Administrator Hodges, City Planner Slum said
that because this expansion will result in the final development phase of this property, platting is necessary.
In addition, the Cin Code does not alloy the expansion of a non -conforming use, therefore, rezoning Ls also
necessary. Mr. Sturm said that all setbacks have been satisfied with the exception or the driveway which
has a setback of approximately 6' from the adjacent agricultural property. The City Planner pointed out,
however, that the driveway Lc situated in 6i same location as the existing driveway. The Ad-,isory Planning
Commission recommended approval.
Gustafson moved, Wachter seconded, i ibotion id ipptoyr the rezoning or approximately 9.95 acres
of Ag (Agricultural), R-4 (Multiple) and GB (General Buk(66ss) to a PF (Public Facilities) district and a
preliminar) plat consisting or one lot and a cemttety -ibbjed 10 the following conditions:
1. These standard conditions of plat approval as adopted by Council action on September 15,
19F", shall be complied with:
Al, Bl, B21, B4, Cl, C2, DI, El, and Fl
2. A setback variance of 14' for the parking area along the south property line.
3. All trash and tec-Ycling materials shall be contained within the building or the enclosure shall
be attached to the building cad cofiW61ed 'of'the.same materialas the building.
4. No rookop mechanical equir*'M-eirft Aill-iia'kuible:from the streets.
5. A drainage and utility permit will be-Toquired from MnDOT for the storm water drainage
9--hich is directed towards the State Hiofiikay righi.-bf.,%my.
6. The development is required to extend 0-riftary s6a,rr to the southerly adjacent property.
7. Additional hvdrant coverage is required *long tbe.o.*rking lot area southeasterly Of the existing
school building
8. A cash contribution of 57,916 is Identified as the development's requirement In accordance
with the criteria identified in the City's Water Quality Management Plan.
Ave: 5 Nay: 0
PKELDAINARY PLAT=VEN-MY PASS 3RD ADDMON
UN TED.: bOMRAMON
Mayor Egan introduced this Item and City Administrator Hodges said It bad gone to the Advison
Planning Commission 31 their June 26, 1990, meeting and the .' . had recommended approval. City Planner
Sturm said this item is a revision to the overall plan. He said ibe developer had changed a through street
to a cul de sac thu-, necessitating another hearing before the APC. Mayor Egan asked how the utilities on
log
MEMO TO: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS
FROM: JOHN WINGARD, DESIGN/DEVELOPMENT ENGINEER
DATE: DECEMBER 3, 1990
SUBJECT: SANITARY SEWER & WATER MAIN EXTENSION TO
TRINITY LONE OAK CHURCH
During our review of the preliminary plat for the Trinity Lone Oak
Church Addition, City Staff identified that the church would be
required to extend sanitary sewer to the southerly adjacent
property and the sewer line would be a publicly maintained line.
This requirement is in accordance with the 1988 Sanitary Sewer
Comprehensive Plan that shows the properties north of Lone Oak Road
and east of T.H. 55 shall be served by the 18" trunk sanitary sewer
that is located along the north property line of the church's
cemetery. Condition #6 of the preliminary plat approval requires
the extension of sanitary sewer to the southerly adjacent property.
Attached is a letter dated July 24, 1990, that I sent to the
engineer for the church that describes the detail information
regarding the location and elevation of the sanitary sewer
extension. Also attached is a letter from John Holb who owns the
property south of the church, dated July 24, 1990, that requests
that the City investigate extending sanitary sewer and water main
service to his property.
I hope that this information is useful
information to extending sanitary sewer
thro the Trinity Lone Oak Church site.
r��
Dere pmentaesign Engineer
j7
in providing background
and water main service
i
IULVER WHITCOMB
4437 DIINHAM DRIVE
EDINA, KN. 55435
RE: Trinity Lone Oak Church
Sanitary Sewer Extension
Dear Mr. Whitcomb:
At our plan review meeting for the Trinity Lone Oak Church project
held on June 26, 1990, you requested that the City write a letter
to you describing more information about the sanitary sewer
extension to the south. One of the conditions approved by the City
Council stated the following:
The development is required to extend sanitary sewer to the
southerly adjacent property.
since our meeting I have met with the two property owners south of
the church. Both property owners are in need of public sanitary
sewer facilities. During my meeting with John Kolb, who lives on
parcel number 020-55, we verified that the location for the
sanitary sewer extension to his property would be acceptable if the
sanitary sewer line was installed along the east side of the
existing school building. Mr. Kolb has several barns and garages
on his property, so the future extension through his property could
be disruptive. Mr. Kolb currently has a septic system that has
been expanded and it is working properly, but the system is old.
During my conversations with Max Steininger, who owns the property
at parcel number 030-55, we discussed what invert elevation would
be acceptable to serve his property. Mr. Steininger felt that an
invert elevation of 850 at his north property line would serve his
property.
Enclosed is a copy of the City's contour map for the area. The
contour map was flown in 1966, so it doesn't show the grading work
that has been done on parcel 030-55.
If the proposed S" sanitary sewer line to be constructed through
THE LONE OAK TREE ..THE SYMBOL OF
H IN OUR COMMUNITY
Equol Opporlunity!Affirmalive Action Employer
THOWAS EGAN
3630 PIL01 KNOB ROAD
wror
EAG^N. NUNNE5O1A 5`.122.1697
DCVO K GUSIAFSO+
PHONE (t12) 454 8100
PafElA WCULA
1AX (612) 454 8363
Um PAwLErTY
THEODORE W ACHM
CouKi M[mtxrl
THOMAS ►EDGES
July 24, 3.990
CryAdnnW,°'0'
EUGENt VAN OVMEk'F
Cry Uri
IULVER WHITCOMB
4437 DIINHAM DRIVE
EDINA, KN. 55435
RE: Trinity Lone Oak Church
Sanitary Sewer Extension
Dear Mr. Whitcomb:
At our plan review meeting for the Trinity Lone Oak Church project
held on June 26, 1990, you requested that the City write a letter
to you describing more information about the sanitary sewer
extension to the south. One of the conditions approved by the City
Council stated the following:
The development is required to extend sanitary sewer to the
southerly adjacent property.
since our meeting I have met with the two property owners south of
the church. Both property owners are in need of public sanitary
sewer facilities. During my meeting with John Kolb, who lives on
parcel number 020-55, we verified that the location for the
sanitary sewer extension to his property would be acceptable if the
sanitary sewer line was installed along the east side of the
existing school building. Mr. Kolb has several barns and garages
on his property, so the future extension through his property could
be disruptive. Mr. Kolb currently has a septic system that has
been expanded and it is working properly, but the system is old.
During my conversations with Max Steininger, who owns the property
at parcel number 030-55, we discussed what invert elevation would
be acceptable to serve his property. Mr. Steininger felt that an
invert elevation of 850 at his north property line would serve his
property.
Enclosed is a copy of the City's contour map for the area. The
contour map was flown in 1966, so it doesn't show the grading work
that has been done on parcel 030-55.
If the proposed S" sanitary sewer line to be constructed through
THE LONE OAK TREE ..THE SYMBOL OF
H IN OUR COMMUNITY
Equol Opporlunity!Affirmalive Action Employer
PAGE TWO
JULY 24,
the church site was installed at the minimum slope of 0.40%, then
the invert elevation at the church's south property line would be
841.2. Since the property on parcel 030-55 has been filled, the
sanitary sewer through the church can be raised so the invert
elevation at the south property line of the church is at 849.0.
This elevation will allow one foot of grade change as the future
line is installed through parcel 020-55.
The cost of this sanitary sewer extension to the south probably
not anticipated by the church when a budget was pr
building expansion. However, the sanitary sewer
necessary and our policy is that the development is i
providing the facility through the site to allow
property access for future connection.
Sincerely,
John wingard, P.E.
Des/Dev Engineer
cc: Michael P. Foertsch, Assistant City Engineer
Len Perron
John Kolb
Max Steininger
Eldon Morrison
enclosure
JW/jf
was
4-},e
1uIv 24, 1990
Mr. John P. Winnard
Cite of Eagan
3810 rilct Knob Road
Fagan Mn 55122-1897
Dear Mr. Winqard:
We are long time residents of Eagan living at 2970 Dodd Rd.
Drip to development of our immediate area by the Waters Develop-
ment Co., Northwest Airlines et al and drainage of all surface
waters from these areas onto a new low area borderinq our property,
we feel it is imperative that we should be serviced with city
water and abandon our shallow 90' well.
itie are also interested and would like sewer service as well.
vc�r,• trul•; vours
?hlzn L. Y.olh
2n7n 1?add
Fa-ian M?] 55121
4r -4-A249
70i91gl GV. &-
FINANCIAL OBLIGAT.*ON - TRINITY LONE OAK LIITSERANs
Based upon the study of the financial obligations collected in the
Past and the uses 'proposed for the property; the following charges
are proposed. The charges are computed using the City's existing
fee schedule and connections proposed to be made 'to the City's
Utility system based on the submitted plans.
m r er—ent
Sanitary Sewer Trunk
Water Trunk
f 1A:ater Avg i ity
. Charge
Storm Water Trunk
Upgrade
Proi AIIse
Ante
Qty
,amount
12
P.F.
$1,435/A
1 Acre
$1,435
49
P.F.
$1,450/A
1.45 A
2,102
5.11S
P.F.
$2,285/A
1.45 A
3,313
302
P.F.
.027/SF
183,823
SF 4,963
$11,813
(')Parcel #10-00200-030-75 assessed 3.36 A acres of WAC in 1972.
If levied here no WAC should be collected as part of the building
permit.
rIAoo, w—
�✓� 4 �� r' trot✓ -!%Ir- '�'
/1.4r &;Xe "w A ►Phid
PA ret eplJ,szary re �` 7. F G.
,54',V I r-4 Scrw�x. — T� �
Agenda Information Memo
December 18, 1990 City Council Meeting
COMPREHENSIVE GUIDE PLAN AMENDMENTIREZONING
MULTI -FAMILY RESIDENTIAL LAND STUDY AREA D
B. Comprehensive Guide Plan Amendment, City of Eagan, Area D, Multi -Family
Residential Land Study, to Change the Land Use Designation of Approximately 9 Acres
from D -III Mixed Residential (6-12 Units Per Acre) to D -I Single Family Residential (0-3
Units Per Acre) and a Rezoning of Approximately 9 Acres from R-3 Townhouse Residential
to R-1 Single Family Residential for Property Located West of I -35E and South of Lemay
Lake in the Northwest and Southwest quarters of Section 10 --This item was originally
considered by the Advisory Planning Commission at a public hearing held on June 26, 1990
and forwarded for Council consideration on September 4, 1990. At that time, issues were
raised regarding whether or not any of the property was zoned R-4. To clarify this issue,
the item was referred back to the Advisory Planning Commission which held a public
hearing on the additional information on October 23, 1990. Upon discussion and
clarification, the APC is recommending approval of these actions.
For additional information regarding this item, please refer to the Advisory Planning
Commission staff report which is enclosed on pages JL3through for your re iw. The
Advisory Planning Commission minutes on this item are enclosed on pages through
a. Additional information regarding the comprehensive guide plan park land designation
associated with this property is enclosed in Planner Marnin's memorandum on page/3 —.a.—
ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve or deny a comprehensive
guide plan amendment for Area D of the City of Eagan Multi -Family Residential Land
Study changing the land use designation of approximately 9 acres from D -III Mixed
Residential (6-12 units per acre) to D -I Single Family Residential (0-3 units per acre) and
2) a rezoning of approximately 9 acres from R-3 Townhouse Residential and R-4 Multiple
Residential to R-1 Single -Family Residential as presented for property located west of I -35E
and south of Lemay Lake in the northwest and southwest quarters of Section 10.
SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT &
REZONING -
MULTI -FAMILY RESIDENTIAL LAND STUDY
AREA D (REVISED)
APPLICANT: CITY OF EAGAN
LOCATION: WEST SIDE OF I -35E SOUTH OF LEMAY LAKE
NW AND SW 1/4S SECTION 10
EXISTING ZONING: R-3 TOWNHOUSE RESIDENTIAL AND R-4
MULTIPLE RESIDENTIAL
DATE OF PUBLIC HEARING: OCTOBER 23, 1990
DATE OF REPORT: OCTOBER 16, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT &
CITY ATTORNEY'S OFFICE
BACKGROUND: Over the past year, the Community Development Department has been
studying multi -family residential land use in Eagan. Multi -family residential development
was -designated by the City Council as a topic for review for two primary reasons: one,
the large amount of undeveloped multi -family zoned/designated land currently available
in Eagan, and two, Eagan's higher -than -average percentage of existing multi -family units.
Three reports have been prepared as part of this comprehensive review of multi -family
residential land. These reports, entitled "Multi -Family Residential Land Study Draft
Report" (July 1989), "Update Report" (December 1989), and "Comment Report" (March
1990), are supplementary to this Advisory Planning Commission staff report and should
be used for complete information regarding study background and methodology.
Each of the three "Multi -Family Residential Land Study" reports were presented to the
City Council for review and discussion. Based on the study reports, comments from
affected property owners, and Council discussion, the City Council recommended
Comprehensive Guide Plan amendments and/or rezonings for 16 of the 23 study areas.
Staff was directed to schedule public hearings for those study areas recommended for plan
amendments and/or rezonings.
STUDY AREA D: Study Area D consists of one parcel, P.I.D. 10-01000-010-57, which is
divided by I -35E. This application involves only that portion of the parcel that is west of
I -35E, which is approximately 9 acres in size. This study area is currently designated for
D -III Mixed Residential (6 to 12 units per acre) in the Comprehensive Land Use Guide
Plan and zoned R-3 Townhouse Residential (north 5 acres) and R-4 Multiple Residential
1k3
(south 4 acres).
The attached data sheets from the "Draft Report" (July 1989) and exhibits provide
additional descriptions of Study Area D.
CITY COUNCIL RECOMMENDATION: The City Council recommended consideration
of a Comprehensive Guide Plan amendment and rezoning such that Area D would be
designated D -I Single-family Residential (0 to 3 units per acre) and zoned R-1 Single-
family Residential.
CHRONOLOGY: A public hearing to consider the above recommendation was held by
the Advisory Planning Commission on June 26, 1990. At that time, information obtained
by staff indicated that the property was solely zoned R-3 Townhouse Residential. Based
on the discussion and comments received at this public hearing, the Advisory Planning
Commission recommended that Study Area D be considered for a plan amendment to D-
I Single-family Residential (0 to 3 units per acre) and a rezoning to R-1 Single-family
Residential.
The Advisory Planning Commission's recommendation was considered by the City Council
at its September 4, 1990, meeting. At this meeting, Mr. John Klein, representing Lance
Company, the property owners of Area D, stated that his records indicate that the
property is actually zoned R-3 Townhouse Residential and R-4 Multiple Residential. He
also indicated that the property owners had granted a ponding easement and abandoned
Jurdy Road in consideration of the R-3 and R-4 zoning, and had presented development
plans in 1975, which were later withdrawn. Because of this information, the City Council
referred the item back to the Advisory Planning Commission for consideration of the
implications of this additional information to the proposed changes in the land use
designation and zoning.
RESEARCH RESULTS: In researching the issues raised at the September 4, 1990, City
Council meeting, it appears that Area D is zoned R-3 Townhouse Residential, for that
portion in the NW 1/4 of Section 10, and zoned R-4 Multiple Residential, for that portion
in the SW 1/4 of Section 10. Apparently, a mapping error occurred in 1981. As to the
other issues raised, a ponding easement was granted to the City on March 16, 1970 by
Mitchell and Esther Jurdy, not Lance Company. Also, a portion of Jurdy Road was
abandoned in July 1973 in relation to the platting of Donnywood Addition, not in relation
to activity on Area D. Lastly, City records indicate that an apartment/townhouse
development proposal for Area D was reviewed by the Advisory Planning Commission in
1975, but no action was taken.
Copies of past City Council minutes, Advisory Planning Commission minutes and other
pertinent documentation related to activity on Area D were forwarded to the City
Attorneys for their review.
LEGAL ISSUES: The action to be considered by the Advisory Planning Commission, as
I L4
was at the June 1990 meeting, is whether to recommend amending the Comprehensive
Land Use Guide Plan to D -I Single-family Residential (0 to 3 units per acre) and rezoning
to R-1 Single-family Residential. The issue now, however, is whether the additional
information regarding the zoning and past history of the property presents any specific or
unique legal issues if the proposed land use/zoning changes occur.
Upon information provided to the City Attorneys by the Community Development
Department, it is their opinion that the information presented by Mr. Klein regarding the
zoning of the property is correct in that the property is presently zoned R-3 Townhouse
Residential and R-4 Multiple Residential. Other than that basic fact, early City Council
minutes and Advisory Planning Commission minutes do not definitively answer the other
items raised by Mr. Klein. The March 17, 1970 Council minutes reflect the approval of
the rezoning for Mr. Carl Olson (Lance Company) to the present-day R-3 Townhouse
Residential and R-4 Multiple Residential zones conditioned upon the property owners of
record owning land under LeMay Lake granting a ponding easement to the City. By
easement dated March 16, 1970, the Jurdys did dedicate 14'/2 acres of pond to the City
of Eagan. The public record does not indicate whether or not the Jurdy dedication was
to satisfy the condition of the City Council for the zoning. Several years later, the public
record discloses that a petition was made by all of the owners of land abutting a portion
of Jurdy Road to vacate that portion. At the requisite City Council meetings, an
appearance was made by a representative of Mr. Olson, who indicated that he had no
objection to the plat or the vacation, provided that it did not affect his property in any
way. Presumably, if Mr. Olson's property had abutted the portion of Jurdy Road that was
being vacated, he would have been a petitioner; otherwise, he would have been an
interested member of the public and his consent would not have been required.
Thereafter, in 1975 plans were presented to the Eagan Advisory Planning Commission for
what appeared to be a townhouse/apartment complex. However, as Mr. Klein noted to
the City Council on September 4, 1990, Mr. Olson apparently withdrew the plans because
of the uncertainty of I -35E.
Based on the foregoing facts, the City Attorneys' opinion of the City's ability to rezone
Area D closely follows the opinion dated July 3, 1990, concerning the rezoning of Area
C (copy attached). The general rule of law is that the landowner has no vested rights to
the existing zoning on a given piece of property, unless the owner has acted in terms of
investment upon reliance of that particular zoning.
In the initial instance of rezoning, the City apparently agreed to rezone this property in
1970 upon the condition of the granting of an easement. Assuming that the Jurdy
easement to the City is a satisfaction of the condition, in essence the parties have fulfilled
the term of the agreement at that time. There is nothing explicit or implicit in the act of
rezoning that would require the City to forego its planning activity under the guise that
R -3/R-4 zoning would be in place forever. Likewise, the Jurdy Road vacation does not
appear to be an exaction or consideration or a further investment backed expectation by
the owner of Area D, merely because the landowners acquiesced to the Council action.
Either the landowner abutted the portion of the road which was vacated, in which case
lif
the public record recites that he was a petitioner to the vacation, or in the alternative, the
landowner would be a noticed party with a right to be heard no different from any other
member of the general public. In either case, it is the City Attorneys' opinion that the
fact of the vacation of the street is not evidence of the landowner investing in his property
due to the expectation of the R-3 or R-4 zoning. Finally, the submittal of plans in 1975
appeared by the public record to be more a matter of concept than an overt step toward
procurement of City approvals. Unlike Area C, where in fact the property owner had a
preliminary plat approved but was unable to take the final steps to obtain final plat
approval prior to development, this particular study area does not ever reach that level
of development expectation.
Again, as noted previously, the level of investment backed expectations that needs to be
reached in order to take away the City's ability to rezone the property without
compensation is a factual matter. The City Attorneys' analysis in light of the
circumstances, is that the facts as known would not bring the landowner over that
threshold level.
ACTION TO BE CONSIDERED ON THIS ITEM: To recommend approval or denial of
a Comprehensive Guide Plan amendment to change the land use designation of
approximately 9 acres within P.I.D. 10-01000-010-57 (part west of I -35E only) from D -III
Mixed Residential (6 to 12 units per acre) to D -I Single-family Residential (0 to 3 units
per acre) and a rezoning of the same land from R-3 Townhouse Residential and R-4
Multiple Residential to R-1 Single-family Residential.
Ili
MULTI -FAMILY RESIDENTIAL LAND STUDY
AREA D
GENERAL LOCATION:
SIZE:
ZONING:
COMPREHENSIVE PLAN
LAND USE DESIGNATION:
EXISTING LAND USE:
SURROUNDING LAND USE,
ZONING, AND COMP PLAN
LAND USE DESIGNATION:
TOPOGRAPHY:
Area D consists of the west part of
one parcel which is split by I -35E
Along the west side of I -35E south
of Lemay Lake, in the NW and SW
1/4s of Section 10
9 acres
Area D is of sufficient size to
support a variety of development -
intensity options.
R-3 i R -f
D -III
vacant and agriculture
North -
Lemay Lake and multi-
family residential; zoned
R-4; designated D -IV
South -
vacant; zoned NB;
designated LB
East -
I -35E
West -
park (pond) and single-,
two- and multi -family
residential; zoned P, R-
l(PD) and R-4; designated
P, D -II and D -IV
The existing nearby uses are mainly
residential, with a range of
densities. However, the vacant
land to the south is designated for
commercial use. Considering this
variety, no single land use will be
completely compatible with all
surrounding uses. Buffering will
be necessary regardless of
development type.
The site contains gently rolling
slopes throughout.
Area D's topography is suitable to
- PAGE D.1 -
1t1
most development types. Extensive
grading should be unnecessary.
VEGETATION: Area D is primarily open grassland
(and crops), with the exception of
relatively dense mixed wood with
understory vegetation around the
edge of Lemay Lake and the pond to
the west.
Most development intensities can be
sensitive to the existing
vegetation around Lemay Lake and
the off-site pond. Landscaping
requirements of any proposed
development can mitigate the loss
of other existing vegetation.
ACCESS: Area D borders Marice Drive and
High Site Drive, both LOCAL
STREETS. Although the site also
abuts I -35E, no direct access would
be allowed.
The access currently provided to
Area D is sufficient to accommodate
low -intensity uses. Direct land
access would be allowed to both
Marice and High Site Drives.
UTILITIES: Sanitary sewer and water service is
available to Area D. Storm sewer
service is potentially available
given the proximity of existing
lines.
Utility service to Area D should
not be an issue.
ASSESSMENTS: Area D has not been assessed.
SPECIAL CONSIDERATIONS: Lemay Lake, on the northern border
Area D, is designated a General
Development Lake under the City's
shoreland ordinance. This
ordinance does not restrict uses,
but applies separate performance
standards for development near
waters governed by this ordinance.
In addition, Lemay Lake is a
protected wetland (Lake) also under
the jurisdiction of the Department
- PAGE D.2 -
� �8
of Natural Resources. The pond
immediately adjacent to Area D is
not a protected wetland.
A DNR permit will be necessary for
any development which affects Lemay
Lake.
Area D may receive traffic noise
from I -35E, although an existing
earthen berm along the site's
eastern border provides some
buffering.
Also, although not technically
located in an aircraft noise zone,
the site may be impacted by
aircraft noise. Developments which
minimize associated outdoor
activities and utilize noise-
attenuable construction may be most
appropriate. Future occupants of
development on Area D should be
informed of potential noise
impacts.
- PAGE D.3 -
9
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M E M O R A N D U M
TO: Tom Hedges, City Administrator City of Eagan
FROM: City Attorneys
DATE: July 3, 1990
RE: Study Area C (Balfany) and Study Area R (Wilmas)
Our File No: 206-7409
GENERAL COMMENTS
Under Minn. Stat. § 462.357, subd. 4, the City of Eagan may initiate
amendment(s) to a zoning ordinance. The City has a right to determine
whether changing conditions or the public interest demands an
exercise of the power to amend a zoning ordinance and to select the
measures that are necessary for that purpose. Any amendment, though,
must have a rational basis related to promoting the public health,
safety or welfare of the City and must not amount to a taking without
just compensation.
There are two distinct analysis in reviewing whether an
unconstitutional taking has occurred when reviewing potential
rezonings pursuant to the R-4 study. The first analysis is whether
the property remains economically viable after the rezoning.
Minnesota has repeatedly upheld land use restrictions against
allegations of unconstitutional taking even when the value of the
property has declined significantly as a result of the restrictions.
Inherently, unless all viable use of the property has been thwarted
by the council's action, a rezoning will not be considered an
unconstitutional taking under the first analysis.
The second analysis is with whether a "vesting" has occurred. That is
the measure of the extent to which the regulation has interfered with
distinct investment back expectations of the owner. It is in this
area of the analysis that it is necessary to review the history of
the site, as well as to elicit from the landowner what expectations
the landowner has in the property. More explicitly what investments
and reliance upon the zoning has the landowner actually undertaken.
It is well settled in the law, that a property owner acquires no
vested rights to a particular zoning classification of property, but
may establish a vested right to use land for a certain purpose.
STUDY AREA C - BALFANY
The property is owned by Belfany Development, Inc.,'who was
represented at a Hearing before the City Council on June 19, 1990, by
Mr. Rollie Crawford. Mr. Crawford raised several points concerning a
1975 Purchase Agreement between the City of Eagan and the then owner
of Study Area C. In the Purchase Agreement, the City agreed to
process the rezoning of Study Area C to its current designation as a
condition to the purchase by the City of six acres of land from the
landowner and the dedication of four acres of land without cost to
the City for park purposes. The first issue raised by the council is
whether the Purchase Agreement was valid as it relates to the
inclusion of such a provision for the rezoning. Our review is that
such an Agreement is valid, but should not be looked upon in a
greater context then what actually took place. A rezoning in 1990
would not breach the 1975 Purchase Agreement.
First of all, the 1975 Purchase Agreement actually merged into the
Deeds of Conveyance transferring the property to the City. At that
point, absent some distinct language of survivability, the Purchase
Agreement became extinct and of no further force and effect.
Secondly, and more importantly, the 1975 action of the City to rezone
the property was not done, nor did it imply either expressly or
otherwise, with the intention that the City would be foregoing its
legislative right and function to review this property in the future
in light of proper planning. We do not believe that the City can
manifestly waive its legislative functions.
The 1975 Purchase Agreement conditioned the purchase of certain
property upon the City rezoning other property. The City upheld its
portion of the Purchase Agreement and did, in fact, comply with the
terms of the Purchase Agreement by rezoning the property. At that
point, the City had no further contractual duty to the landowner.
Further, the landowner had no vested rights in the rezoning.
Subsequent actions by the landowner would need to be taken to
determine whether the landowner has become vested to use the property
as it is presently zoned.
In the mid 1980's, the present owner submitted a Development Plan and
Plat to the city council for its approval. Preliminary plat approval
was granted, however, the plat was never finalized, nor did any steps
of development actually take place. The Eagan City Code requires that
a Plat with preliminary approval be finalized within one year from
the date of preliminary approval. Failure to finalize the Plat
requires the applicant to resubmit its Plans and Plat to the City for
reprocessing. This requirement is useful as a device for consistent
planning within the City. The purpose is to.give some credence and
certainty to the proposed Development as it relates to all other
factors that go into properly planning the development of
1-2- y
the City. We do not feel that the sole attainment of a preliminary
plat approval without a further overt step in the development process
amounts to investment back expectations. Planning should rise over
the threshold of vesting, absent some further action in direct
relation to developing the property consistent with the zoning.
The�gan Multi -Family Residential Land Study poses similar question
as i ntified in Study Area C. Mr. Bush, an attorney who addresstpe
the Ci�ouncil on June 19, 1990, on behalf of the interest of
To Will: s family, indicated that if the property were to be
rezoned, tie land value would drop significantly from $70,000. 0
acre to $30Xback
0 per acre. Thus, Mr. Bush has indicated th to
rezone the y would not deprive the property of all onomic
viable use.viewing the second part of the analysis elated to
investment a ectations, Mr.Bush has raised item hick go
beyond the stage of ,erely planning for the developm"t of the area.
The City of Eagan has a olicy of assessing prop y to its highest
and best use in relation o the payment for th cost associated with
any public improvement. As pposed to the re ping of property as
identified in Study Area C f m R-4 to R-3 wherein the City does not
recognize a rate difference be ween thos�oning classifications,
there is a significant rate dif renti� between multi -family rates
and single family rates. The reco s f the City indicate that the
owners of Study Area have paid con erable assessments at the
multi -family rate for public imp vem nts that would support a
multi -family use.
Additionally, Mr. Bush ind'zated that in 1 89 his clients in
contemplation of development of the site as ulti-family use entered
into an Agreement withe City of Eagan top dedicate the requisite
park land /prededi
th R-4 land use designat'on. It is our opinion
that such tion does amount to an over step incontemplatelopment. If the City were to zone thisproperty twould be fair to note that the 1 downer hasexceeded idication requirements and moreove would beentitled tm of a rebate. Historically, the Ci of Eagan
has not rehing received in dedication to a land er. Even
if a rebe possibility existed, the action of returning va ue to the
landown would not negate whether a vesting has occurred at he time
of th transaction dedicating the property to the City.
It -'is our view based upon the evidence assembled by the City StafN
together with the comments of the landowners and Mr. Bush, that the
landowner of Study Area R has reasonably met a standard of vesting.
MINUTES OF A REGULAR MEETING OF THE
RAGAN ADVISORY PLANNING COMMISSION
RAGAN, MINNESOTA
OCTOBER 231 1990
A regular meeting of the Eagan Advisory Planning Commission was
held on Tuesday, October 23, 1990 at 7:00 p.m. at the Eagan Municipal
Center. Present were members Miller, Hoeft, Voracek, Graves, Merkley,
Trygg and Gorman. Also present were City Planner Jim Sturm, Assistant
City Engineer Mike Foertsch, and City Attorney Mike Dougherty.
AGENDA
Voracek moved, Merkley seconded, the motion to approve the agenda
as presented. All voted in favor.
MINUTES
September 25. 1990.
Chairman Graves noted that the word in the eighth paragraph on
page two should be changed from "on" to "of".
Member Miller stated that the roll should show him present at the
September 25, 1990 meeting.
Voracek moved, Trygg seconded, the motion to approve the
September 25, 1990 Advisory Planning Commission minutes as amended.
All voted in favor.
Chairman Graves explained the Advisory Planning Commission
procedure to the public.
AREA D - MULTI FAMILY RESIDENTIAL LAND STUDY
Chairman Graves opened the first public hearing of the evening
regarding a Comprehensive Guide Plan amendment changing the guided
uses of approximately 9 acres from Mixed Residential to Single Family
Residential for property located west of I -35E, south of LeMay Lake
in the northwest and southwester quarters of Section 10 and the
rezoning of the same property from Townhouse Residential and Multiple
Residential to Single Family Residential.
Kristy Marnin of the Community Development Department provided a
brief overview of the Multi Family Residential Land Study. She
described Area D and recapped the history of the site. She discussed
the additional information that had surfaced that was referenced in
the staff report..
E4
Page 2 - EAGAN ADVISORY PLANNING COMMISSION MINUTES
October 23, 1990
John Klein spoke on behalf of the property owners. He discussed
the history of the land in question. He stated that R-4 and R-6
zoning was conditionally granted in March of 1970. In June of 1975,
the developer submitted a plan for apartments and townhomes. The plan
was withdrawn due to the construction of 35E. He discussed the noise
impact on the property and further stated that the 1976 Comprehensive
Guide Plan made no recommendations to down zone. He said the reason
that the easement to the City did not reference Carl Olson and Berger
was that they had a Purchase Agreement and that the Jurdys were still
the owners of record at the County. He reviewed his credentials
including being former chair of the Eagan Town Board.
Mr. Klein stated that the March 17, 1970 minutes show that the
pond easement in LeMay Lake was dedicated as a condition of rezoning.
He referenced the vacation of Jurdy Road in May of 1973 and discussed
a HUD report issued in 1977 showing noise was anticipated to be
excessive upon the construction of the freeway. He said that the
aircraft noise was excessive in the area also. Mr. Klein concluded by
stating that the current zoning was good planning. He urged denial of
the rezoning.
Dennis Size, 3140 Quarry, stated that there were 85 single family
homes to the west and that they strongly opposed the multi
residential zoning. He said there was not an airport noise problem.
He stated that an informal survey of the neighbors showed unanimous
opposal.
Wayne Larson, 1321 Jurdy, wanted single family and felt the area
density was too high. He reiterated that the noise was not a problem.
Chairman Graves questioned the relevance of the HUD report. Mr.
Klein stated it dealt with the noise. Member Merkley asked legal
staff to comment on Mr. Klein's interpretation of events. City
Attorney Dougherty stated that there was a difference between the
public record and the historical perspective provided by Mr. Klein
and that while Mr. Klein certainly has a thorough knowledge of Eagan
history, the public record must also be examined.
Member Hoeft asked what position staff was taking by referencing
the staff reports comparison of the advantages and disadvantages of
Single Family versus Multi Residential. Ms. Marnin stated that the
draft report from the City staff made several options available to
the Council and that the Council chose the Single Family option.
Ian
Page 3 - EAGAN ADVISORY PLANNING COMMISSION MINUTES
October 23, 1990
Chairman Graves stated that the area was not under the noise
corridor. Mr. Klein stated that the corridor had shifted over time.
Chairman Graves then requested a clarification of the noise corridor.
Ms. Marnin stated that airplanes do not always stay within the
designated corridor.
Member Miller stated that there were potential advantages and
disadvantages to both zoning classifications. He questioned the need
for a change if there were valid reasons for both the current zoning
and the proposed rezoning. Member Trygg stated that the Council was
looking to down zone the area.
Chairman Graves stated that the berm reduces the traffic noise to
the site and that the airport noise was not significant. He felt that
the access to the property was through a Single Family area.
Member Merkley felt that there may be some vested legal rights
with the landowners but that from a planning standpoint, a Single
Family zoning would be more appropriate. Member Trygg agreed.
Member Voracek stated that he agreed with Member Merkley as to
the legal viewpoint but that he felt that Mr. Klein's arguments made
a good case against down zoning to R-1. He felt there could be a
compromise zoning somewhere between R-4 and R-1. Mr. Merkley stated
that he agreed in concept but that the Planning Commission could only
act on what was before them.
Member Gorman stated that noise, freeway and buffering issues
seem to come up on all properties and he was tired of these
arguments.
Chairman Graves stated that the R-3 and R-4 zoning were wrong for
the site because of the potential adverse affect on the neighborhood.
He supported the R-1 rezoning. Member Miller felt there was no clear
cut advantage to R-1 zoning and recommended denying the rezoning to
R-1.
Member Merkley stated that something else should be looked at and
that the Council should look at something other than R-1 or R-4.
Don Grant, 1275 Towerview, stated that the area was not in the
noise corridor and that townhouses would be a buffer against
apartments. He questioned if the landowner had any vested interest.
Page 4 - EAGAN ADVISORY PLANNING COMMISSION MINUTES
October 23, 1990
Miller moved, Voracek seconded, the motion to recommend denial of
a Comprehensive Guide Plan amendment change in the guided uses of
approximately 9 acres from D -III (Mixed Residential - 6-12 units per
acre) to D -I (Single Family Residential - 0-3 units per acre) for
property located west of I -35E south of LeMay Lake in the northwest
and southwest quarters of Section 10. Miller and Voracek voted for
the motion; Hoeft, Graves, Merkley, Trygg and Gorman voted against.
The motion failed.
Trygg moved, Gorman seconded, the motion to recommend approval of
a Comprehensive Guide Plan amendment changing the guided uses of
approximately 9 acres from D -III (Mixed Residential - 6-12 units per
acre) to D -I (Single Family Residential - 0-3 units per acre) for
property located west of I -35E south of LeMay Lake in the northwest
and southwest quarters of Section 10 for the following reasons:
1. The present density in the area was too high.
2. Multi Residential development would have an adverse impact
on the traffic and roads in the area.
3. Multi Family Residential development would have an adverse
impact on LeMay Lake.
Hoeft, Graves, Merkley, Trygg and Gorman voted for the motion;
Miller and Voracek voted against. The motion passed.
Trygg moved, Gorman seconded, the motion to approve a rezoning of
property located west of I -35E south of LeMay Lake in the northwest
and southwest quarters of Section 10 from R-3 (Townhouse Residential)
and R-4 (Multiple Residential) to R-1 (Single Family Residential).
Hoeft, Graves, Merkley, Trygg and Gorman voted for the motion; Miller
and Voracek voted against. The motion passed.
Voracek stated that he felt that the R-3 and R-4 combination was
inappropriate but so was the R-1 zoning. He felt there was room for
different options. Member Miller mirrored Member Voracek's comments.
CONDITIONAL USE PERMIT - SICK KID CARE
Chairman Graves opened the next public hearing of the evening
regarding a conditional use permit to allow a day care facility in a
CSC (Community Shopping Center) district located along Sibley
Memorial Highway in the northeast quarter of Section 19.
13(
o 4 ��
MEMORANDUM
TO: Tom Hedges, City Administrator
FROM: Kristy Marnin, Planner I
DATE: December 11, 1990
SUBJECT: City Council Agenda Item - December 19, 1990 Meeting
Additional Information for Area D - Multi -Family Residential Land Study
Following is some additional information for inclusion (as appropriate) with the City
Council agenda packet regarding Study Area D.
Area D of the Multi -Family Residential Land Study is scheduled for consideration at the
December 18, 1990 City Council meeting. Most of the pertinent information necessary for
the Council's consideration is provided in the study reports and Advisory Planning
Commission staff reports previously prepared. However, it has come to my attention that
some further explanation of Guide Plan land use designations, in general, may be
appropriate for informational purposes.
While the focus of the study and the information provided in the various staff reports has
been on the "development" uses (i.e, residential, commercial, industrial), it should be noted
that in addition to the existing R-3 Townhouse Residential/R-4 Multiple Residential zoning
and D -III Mixed Residential (6 to 12 units per acre) Guide Plan designation of Area D,
the Guide Plan also indicates an intent for additional parkland adjacent to the existing
Moonshine Park.
The boundaries of the Land Use Guide Plan designations are often somewhat general until
a property develops, particularly in the case of currently undedicated, but "designated"
parkland. For example, in the Bridle Ridge subdivisions, the intent to provide parkland
for this area when developed was shown on the Land Use Guide Plan by a generally -
located circular area of P Park. When the Bridle Ridge subdivisions were platted, the
specific location of the parkland, as dedicated, was designated. Updates of the Land Use
Guide Plan map will show this refinement of the specific parkland location.
Likewise, as noted above, the Land Use Guide Plan shows some P Park -designated area
extending from the existing Moonshine Park onto Study Area D along the shore of Lemay
Lake. This P -designated area outside of Moonshine Park has not been dedicated to the
City at this point. However, the purpose of such a designation is to indicate that when
the property is platted/developed, park dedication will be required and the location/size
of such parkland would be specified at that time.
If you have any questions regarding this information, please advise.
cc: Dale Runkle
Jim Sturm
Agenda Information Memo
December 18, 1990 City Council Meeting
CONDITIONAL USE PERMIT%SAFETY KLEENIOUTDOOR STORAGE
C. Conditional Use Permit, Safety Kleen to Allow Outdoor Storage in a LI (Light
Industrial) District on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park Located in
the Southeast Quarter of Section 8 --The Community Development Department continues
to work with the applicant to develop information requested by the City Council with
respect to environmental aspects of this application. This work is not yet complete and,
therefore, it is recommended that this item be continued to the January 3, 1991 regular City
Council meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To continue the conditional use permit
application for Safety Kleen to the January 3, 1991 regular City Council meeting.
REIMBTTR EMENT RE UEST ARIAN E FEES BRIAN BE EL
D. Request for Refund of Variance Fees, Brian Rebel, May 17, 1990, 30' Variance to the
50' Shoreline Setback on Lot 42, Block 1, Duckwood Estates, Northeast Quarter of Section
15--A request has been received from Brian Bebel for reimbursement of his variance
application fee relative to a variance application which was considered by the City Council
at its May 17, 1990 meeting. At that time, Mr. Bebel was attempting to sell his property and
had been informed by perspective buyers that the combination of frontyard and shoreline
setbacks made construction on the lot difficult. Due to the lack of a specific house plan and
because of concerns expressed by neighbors and the DNR, the application was denied. Mr.
Bebel was informed that the Council would be willing to consider a variance for a specific
house plan without submission of additional fees. Mr. Bebel indicates that he has no
interested prospects for the property at this time and would prefer that the application fee
be refunded.
For additional information in this regard, p ease refer to Mr. Bebel's request for
reimbursement which is enclosed on pages/_.34
through ,¢. Also enclosed for purposes
of background are the original Community Deve ment staff report on pageV.IZ through
correspondence from Mr. Bebel on pa e �Q and the City Council minutes of May
17, '1990 with respect to this item on a �►��.
P Pg
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request for
reimbursement of variance application fee to Mr. Brian Bebel as presented.
X3 3
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7-7
13(o
SUBJECT: VARIANCE
APPLICANT: BRIAN BEBEL
LOCATION: LOT 42, BLOCK 1, DUCKWOOD ESTATES
EXISTING ZONING: R•1 (SINGLE FAMILY)
DATE OF PUBLIC HEARING: MAY 179 1990
DATE OF REPORT: MAY 9, 1990
COMPILED BY: COAEMRTNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted by Brian Bebel
requesting a 30' Variance to the required 50' rear yard setback.
CON f-EN'TS: O'L.eary Lake is listed as a General Development lake in the Shoreland
Overlay District of the Shoreland Zoning. General Development lakes have a minimum
building setback of 50' from the Ordinary High Water Mark (OHWM). The applicant is
attempting to sell the subject property which is currently vacant. The front setback is 30'
and the 50' setback from the rear total 80' on a lot that is approximately 111' deep. Mr.
Bebel feels that 31' is not enough space for a house and garage on that lot in that
neighborhood. The applicant does not have a particular home style for the lot as he will
not be building on it. He feels the severe setback restrictions on this lot are making the
sale of the lot extremely difficult, therefore he is asking for a Variance to ease the building
setbacks for any potential buyer.
If approved, this Variance shall be subject to all applicable Code requirements.
(31
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April 30, 1990
Dear Sir/Madam:
I am the present owner of a lot in Eagan - Property Identification: Dist 10,
Plat 21900, Lot 4 2, Blk 1, School District 196, W/S G of Duckwood Estates. At
present, I'm attempting to sell this property as I have purchased a home in
Eagan about a mile from this location.
In the past few weeks, my most promising and to date best prospect told me
that he is no longer interested,explaining that the 30' (front) and 50' (rear)
setbacks make it "impossible to build a home". I was not aware of this 50'
(rear) setback and after hearing this, I confirmed this with the city of
Eagan. In talking to administrative/engineering personnel, I was advised that
a hardship variance would exempt me from this restriction. After being told
this, I contacted my potential buyer and informed him of this procedure.
Having this new information, he told me that if I were to get a variance, he'd
be "very interested".
Regardless of this one person's intentions, I think it is safe to say that it
would be a common concern for any buyer, also, knowledge about this
restriction now forces me to inform all prospective buyers. Thus making the
sale of my lot extremely difficult. In order to make this effort workable, I
feel that I need a variance in hand which would be transferable to a buyer.
The 30' (front) setback from the center of the curb (approx additional 4')
plus the 50' (rear) setback totals 841. My lot is 111' deep, thus allowing
only 27' for the depth of a home. I think it is reasonable to say that for a
home to be consistent with the neighborhood, it must well exceed this 21'
restriction. Also, the setting and shape of the lot contribute significantly
to the style and size of the home; both of these factors lend credence to my
plight.
Due to my unusual circumstances I do not have an actual house plan or proposed
structure, therefore I am not able to ask for specific allowance on my 50'
(rear) setback. In light of this scenario, I respectfully request that a 30'
variance be granted on the 50' (rear) setback.
Thank you for your cooperation in this matter. If you have any questions,
please feel free to call me at work 293-8551 or home 457-1011.
Sincerely,
Brian J. Bebel
14c)
Page 1ZSAGAN CITY COUNCIL MINUTES
May 17, 1
ROAN BEBEL
The Cky Administrator said an appli aiori hatf tirieri'' rbrratt+ed by Brian Babel w*xw8ng a 30 foot
variance to the required 5o foot rear yard.Wback from O'Leary Lake. He said Mr. Babel Is attempting to sell
dwe Dudrwood Estates lot and feels the seftok restriction on the lot are making the eak of the property
enetrernely difficuit. Therefore, he is asking for a variance to ease the building setbacks for arty potential buyer.
The City Administrator said that the Director of Community Deve"xnent and the Clay Planner did rent feet that
ttwe was a hardship for this variance.
The applicant, Brian Bebel, said 17e -had purchased the property with the intertion to build. He is now
bui�ding a home on Pitt Knob Road w,4, .'trying:sell this bt. He said he has two Into ed buyers but
one will only purchase the property Vthe'. arianee::i6' approved. He said the other buyer has talked to an
architect who is also of the opinion that he"couki tot,. build on the lot with the present setbacks. M r- Bebel
said he believes he will continue to run ki.0,this. problem. in, his attempt to ,cell the property.
Mayor Egan said that N the staff col kfn't firtid 8'ttiarosfiip and wkhout house pians for the lot, he
would find it difficult to approve this variance. He said that k is City policy that the applicant circulate a
petition and If he found no objection, the Council would likely approve the variance. The Mayor pointed out
that two negative letters have been received from neighbors in addition to a negative letter from the
Department of Natural Resources. Mr. Gebel said that he had talked to City staff and taken the steps
recommended by staff. He said he was also told that his.would.Aualffy as a hardship. He aJded that he was
not aware of any need to petition his neighbors.
Councilmember McCrea recommended''&iat Mr. Gebel wait until he has an interested party and then
bring the house plans with the request for a yariance to"the City Council. She also recommended that he
sl -,are these plans with his neighbors. Counailr*mbWA0CFea said It would be hard to rule favorably on the
variance as ft stands. The Councilmember then wOi6iie . V Ihere was a way to postpone action on the
ve nce so that additional fees would not be incurred by the applicant.
The City Administrator said that the City Council could oonsider hearing an appiic ation under the
saw variance If the applicant came back wr:hin a reasonable time with a footprint of the house being
proposed. Mr. Gebel then asked how much weight approval of his neighbors would have on the variance.
The Mayor said that It would be significant.
Councilmember Gustafson said th-t, i>•'there 4 a'iards
fhip because of the topography on the property
the Council would need to know. However; it woul(l'tae more favorable for Mr. Bebel to corns back to the
Council with a footprint of a house Wvwing.;fhe excacXywivece required.
McCrea moved, Gustafson act&*...... otiJ#66 ' ii 30 foot variance to the required 50 foot rear
yard setback for Brian Babel for Lot 4Z''Block 1, budciivood States, with the ur4erstareding that i+ the
aPpiicant comes in with a footprint for a proposed house, that he will be responsible for ortiy those direct
costs associated with the variance. Aye: 5 Nay: O
►i
The City Administrator said an appbaaion had tom' omitted by Mike avid Betty F+edde requesting
a 17 foot variance to the 30 foot setback m fired along a PI-bk street for Lot 4, Block 3, Brittany Addition.
The applicarrt, Mike Fedde, said tt....:Poor subsoil bSrkiiih the present garage has caul problems
w: th the garage floor, the driveway, and the fia i tfatii ti':` bUNAe of these problems, the app4icam sa1d they
lel
Agenda Information Memo
December 18, 1990 City Council Meeting
PRELIMINARY PLAT EXTENSIONISTRYKER ADDITION
E. Preliminary Plat Extension, Stryker Addition Located Along Beau De Rue Drive and
Rahn Road in the Northeast Quarter of Section 19 --In the summer of 1990, the City
received a request for preliminary plat extension for the Stryker Addition consisting of two
lots and containing the Big Top Liquor Store and Cedarvale Highlands. The original 3.8
acre preliminary plat was approved on August 1, 1989. A preliminary plat extension request
was made prior to August 1 of this year. In the intervening time, staff has been working
with the applicants regarding site development issues related to preliminary plat extension.
The item originally came before the Council at its November 20, 1990 meeting and was
continued to December 18 to allow staff and applicant to address concerns related to the
setbacks and the extent of parking lot improvements. Additional information concerning
thip pplication is enclosed in the Community Development stiff report en losed on pages
hrough�,0 for your review. Also enclosed on pages j.S�through en
a copy of
the Noveluber 20, 199Q City Council minutes with respect to this item. Finally, enclosed on
pages through Adis a copy of a memorandum from City Planner Sturm indicating
staffs conclusions with respect to the Council direction of November 20.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a one year
preliminary plat extension for the Stryker Addition located along Beau De Rue Drive and
Rahn Road in the northeast quarter of Section 19 subject to the plat conditions as modified.
X 2 X O R A N D D x
TO: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: JIM STURM, CITY PLANNER
DATE: NOVEMBER 14, 1990
RE: STRYKER ADDITION
Earlier this summer, the City received a request for a Preliminary
Plat extension for the Stryker Addition consisting of two lots
containing the Big Top Liquor Store and Cedarvale Highlands. The
original 3.8 acre Preliminary Plat was approved on August 1, 1989.
A request was made prior to August 1st of this year, and in the
meantime staff has been working with the applicants regarding site
development issues.
The proposed landscape plan has been improved significantly; the
trash enclosure is now being proposed next to the building, and
there is a maintenance plan for the general clean-up of the
property. These were concerns expressed by the Advisory Planning
Commission during their review of the proposed plat. The City
Council unanimously approved the plat subject to the conditions by
the Advisory Planning Commission.
With this Preliminary Plat extension request, the applicant would
like to change three conditions:
Condition #3: Cross inaressZecress and parking easements shall be
submitted with the Final Plat. The applicant
would like to eliminate the parking portion only.
Staff and the City Attorney's Office feel this is
acceptable since there is adequate parking for each
lot.
Condition 44: The parking lot shall have ac_20' _setback along the
public streets and aball be resurfaced and striped
and shall have concrete curbs. The applicant
feels that the costs of resurfacing the lot with
concrete curbing would be cost prohibitive. They
are proposing a modular interlocking curbing
system. The engineering department does not feel
that the curbing meets City requirements. The 20'
setback is not a great concern until the whole
parking lot is resurfaced. If it is required now,
then meeting the 20' requirement makes sense.
Condition #8: The adjoining parking lot should be resurfaced and
striped. The applicant would like the option of
sealcoating and striping the parking lot in
connection with the Final Plat approval or re -
blacktop and stripe the parking lot on proposed Lot
1 within two years of the Final Plat approval. The
engineering department feels that the overlay is a
better long term solution.
This re -development process has been complicated due to the number
of individuals involved with the site including the liquor store
lot, the residential area, the retail area, and the partnerships of
all of those groups.
Attached is the revised site plan for the liquor store lot, the
overall site plan, details of the proposed curbing, staff report
that went to the City Council and their minutes of August 1, 1989.
If you would like additional information, please advise.
City Planner
JS/JS
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I NO, OF SECTIONS
PER 900 ARC
Full sm strasgh, ee^tuon
Half site straight weIson
Tranmtson for driveway (down)
Trarawn for drneway (up)
Drive over (1.7/8"to 3.114"slanted)
18.0"
90o corner (inside)
12"equiv.
I
9Do corner (outside)
I2"equiv.
1
Radius section (1.5' R outside)
28.3"
1
Radius section (3.0'R. outside)
28.3"
2
Rad— sections (5.0' R. outside and tirade)
23.5"
4
Radius sections (10.0'R outside)
31.S"
6
Radius wctsons (15.0'R. outside)
23.5"
12
Radrus sections (25'4 R inside)
36.0"
13
Radnn anions (25' • R outside)
36.0"
13
Radius sections (50' • R. inside)
36.0"
26
RadaR sec ions (50' • R. outside)
36.0"
26
mise sheets 2, 3.8 4 of 4 for gwdfw details
of pre -cast concrete curb sections
APPROVED�r'//211, 'I�
Owis+on Lliracsor
TedWoW S"isw
0110TES:
1. Each standsnd piece of
curb weigh approx. 29 lb.
per limed foot.
2. Joint sealer s not required,
but may be essd an uneven
Pon rant.
3. Mewl edges at both
wads of each section
to prevent chipping.
4. Lke 6000 psi. minimum
PROPRIETARY MEM: wr'4' , sa entrained
esstterrte (5.7% Air).
Uw of pr.cast awb will be
ssrboct to Spec. 1703
(Patented derie a, sseetseritls
and procseres).
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATKIMV
PRECAST CONCRETE CURB
WMERAL
lql
APECIFICATOM STAMDAV
targe MCE PLATE
tM.
2531 7103 C
1of4
•
t
1
H
h 28.31• Are
Iwngth
on Curb Line
L
I.S' RADIUS QUARTER CIRCLE
J.;.
• :.s\
Igth �' lnsida
0
Outs
""CORNERS
0
side
Ina
AeC ury•-
50' • r ---�
25'-r �.
15' •\ �
13.5" Are
Length
xr Curb Line 10' Q \
5 '♦�� �1
3 + s., 1
1''�' �.►. 1
Curb Line '�.
5.0' RADIUS
10.0' R.
Radius above IS It. are made with angled
—1
�
IV and 36" straight sections.
19 V RADIUS
RADIUS SCALE
AFFROVED�gy!h 29' 1!!15
:TATE OF MINNESOTA 11ECIFICATIt20
STAKDARD
DEPARTMENT OfTRANSPORTATION
tEFEREMCE
PLAY
,jr��/X140.
-
PRECAST CONCRETE CURk
ZS31
7103 C
Divrsion Oireetor
Tedmocal Services
SHORT RADIUS SECTIONS E WCORNI
3 of 4
STRYXD ADDI;IDIt/>?iilil.IKlKARY FLAT
City Administrator Tom Hedges latroducod the scatter to tl,a
Council. Community Development Director Dalt Runkle presented ti,e
staff report and background regarding the Mtter. He informed the
Council that the Advisory Planning b mmisslon recommended approval
subject to eight conditions.
Dave Grannis (attorney for applicant) informed the Council
that the property was fully developed and there was a need, because
of a potential sale, for two separate tax .parcels. be was unsure of
the full economic impact of the conditions"Opon the applicant. He
requested a continuance of the matter for one month for review of
the Advisory Planning CoasaiSSgt �, "gppdit1Qas.
Councilmember Egan announced "that the Council could ayl,rovu
the continuance and if the applicant desired to withdraw the m.ttur
from the Council agenda, it Could do so at a future date. Attolnay
Grannis asked if the applicant could be put on the agenda .t a
future date to request condition changes. COur,cilmember Egar,
Informed Mr. Gzannis that the applicant had that right. Mayo,
Ellison asked if the appllcaS ..,Byprov*VQf the conditions. The
applicant renewed bis raquest''*W''4 cgnYinuance. Couneilmea,Ler Egan
felt there was act a seed fora''aoc'tibuance as there had been
sufficient time siace the Advisory Planning Commission meeting. The
applicant informed the Council that he had been in receipt of the
Advisory Planning Commission minutes for only three days and had
not received the Council aotl,pe Wti4 the previous week. be
acknowledged that staff is elitssiw}� busy. COuncilmember McCrea had
no conceraa regarding a contic'' ntt"bur qiq want the conditions met
by the applicant. Councilmember Gustafsori.ilas in agreement with
McCrea. He felt the Council should,ppprove the matter and let the
applicant return to the Council #01t'.�pinoz'�odificatlons. The
applicant stated he had to ptpbl� vi.th'Oi Council's approach.
City Administrator Tom Hedges recommended the applicant waive the
120 -day reQairament if the matter was continued.
McCrea moved. Egan seconded, the motion to approve the
preliminary plat entitled Stryker Addition consisting of two lots
on 1.88 Community Shopping Center toned acres with existing
buildings located at the sotttA'fntsrsectiOn of Beau D'Rue Drive and
Rahn Road in the aortheasi gtiart*i`qf Section 19, as requested by
DCA Company, subject to the following conditions:
I. All applicable standard .ylax.pundit ions shall be adhered to.
2. A survey of the resiaµal unplatted area shall be submitted
with the final plat submission for the parcel f11e.
3. Cross ingress/egress and parking easements shell bu
submitted with the final plat.
I. The parking lot shal�:A0V% 'A''20 tacit setback along the
public streets and shall be resurfaced and striped and shall have
Concrete cubs.
S.
The current
rtrahrb�zemovedor replad.Onderstoryreand shrubs Should be planted
screen the parking area.
f. The trash Containers 813ould bs enclosed in a structure
attached to the building and Constructed pf,similar materials as
the building. The back wall and the air Od"itioning units should
be Covered and the ice Cooler should be rimclved.
I. The liquor store lot #bpii�Q"be gleaned, the woods removed
and It should be either seedad or sodded.
8. The adjoining parking lot should be resurfaced and striped.
All voted in favor.
��5
a
>iZXO TO: ADVISORY PLANNING CONXISSION CBAZVJW TZX PAWLENTY
LLL ADOIBORY PLANNING COMXZBBION M3DM8RS
!ROMs JZX STIIRN, CITY PLANNER
DATE: JUNE 221 3904
SVWZCT s BTRYEER ADDITION
At the May Advisory Planning Commission meeting, this item was
continued and staff was directed to observe the site conditions and
note items that do not meet City standards. These items are listed
below and the original staff report has been attached for your
review.
1) The parking lot does not have a 20' setback along the public
streets. In some areas, especially along Rahn Road, it
encroaches into the right-of-way. It does not have concrete
curb and needs new striping.
2) Additional plant material for screening the parking area would
be desirable, especially along Rahn Road. However, it is not
current City policy to allow planting within the right-of-way.
Also, there are overhead electrical wires in this area; only
understory trees and shrubs could be planted.
3) The trash containers are not enclosed. They should be
enclosed in a structure attached to the building and
constructed of the same materials as the building. (This is
very noticeable on the liquor store lot.)
4) The liquor store lot is in need of a general cleanup. Mowing,
shrub trimming, and parking lot sweeping should be done on a
regular basis.
From an aesthetic standpoint, the area in most
is the liquor store lot. The retail building,
not meeting setback and curbing requirements,
condition.
City Planner
Attachment
JS/mg
need of attention
while technically
is in good general
CITY OF RAG"
SUBJECTS PRE'LIXIXKRY PLAT (STRYKER ADDITION)
"PLICANT s D C R COXPAITY
hOCATION: M 1/4 OF ■RCTION 39
EXISTING ZONING: CSC (COI XVNITY ■80PPING CRITTER)
DATE OF PUBLIC IMXRING s ID►Y 13 , 19 S 9
DATE OF REPORT: MY 17, 1999
COXPILED BY: COXXUNITY DMLOPXXNT DEPARTHXNT
APPLICATION SMEARY
An application has been submitted requesting a Preliminary Plat for
the Stryker Addition, consisting of two lots on 3.8 acres located
along Rahn Road and Beau De Rue Drive. These lots contain the Big
Top Liquor Store and the Cedarvale Highlands building that were
constructed in the early 1970's and have commercial uses on the
street level and apartments above them. The original goal of the
applicant was to split off the liquor store area so it could be
sold as an individual tax parcel.
Before the county would authorize the split of the existing parcel,
the City would have to either require platting or approve the
waiver of plat process. Staff recommended platting since the
liquor store lot has been developed to its maximum potential.
However, upon further review and with legal counsel agreement,
staff is recommending that only the liquor store lot be platted at
this time and that a new meets -and -bounds survey be submitted for
the remaining area. This will separate the ownership of the liquor
store from the partnership that controls the residential/commercial
building. Since the land use is not changing and no expansion or
site modifications are proposed, no site improvements have been
requested. However, at the time changes are proposed, the City
would look to upgrade the site conditions and bring the area up to
current code requirements.
LOCATION
ZONING
GUIDE PLAN
(S-5
Page 13/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Gustafson moved, McCrea seconded a motion to accept Crown Coco, Inc.'s request for dismissal
of their appeal in the denial of a conditional use permit for a pylon sign and variance of 23 feet in pylon sign
height for a gas station at 4195 Nicols Road. Aye: 5 Nay: 0
After adjourning the meeting of the Board of Adjustments and Appeals, the November 20, 1990
regular City Council meeting was reconvened.
1991 LIOUOR LICENSE RENEWALS
After introduction by Mayor Egan, the City Administrator said the 1991 liquor licenses were being
presented to the City Council for renewal. He said it was staff's recommendation that any affirmative action
be conditioned upon Police Department review. Mr. Hedges said, in addition, the liquor license fee and
application have not been received from Richard Barone, whose liquor license had been granted on
February 6, 1990, City Administrator Hedges recommended separate action on that item.
Mayor Egan then asked the City Administrator whether the Mr. Barone's license would become
available for another applicant. Mr. Hedges said that it would in 1991.
McCrea moved, Pawlenty seconded a motion to approve the liquor license renewals as presented
subject to two modifications: 1) that all licenses would be subject to successful completion of police review
and 2) that the off -sale liquor license granted to Richard Barone on February 6, 1990 be declared null and
void. Aye: 5 Nay: 0
STRYKER ADDITION/PRELIMINARY PLAT EXTENSION
After introduction by Mayor Egan, the City Administrator said that the preliminary plat extension for
the Stryker Addition, which is located along Beau de Rue Drive and Rahn Road includes a request from the
applicant to change three conditions of the preliminary plat approval.
Director of Community Development Runkle then explained the three modifications to the conditions:
1) Condition #3 provided that the cross ingress/egress and parking easements shall be submitted with
the final plat. Mr. Runkle said the applicant would like to eliminate the parking portion only. He said
that staff and the City Attomey's office feel this Is acceptable since there Is adequate parking for
each lot.
2) Condition #4 provided that the parking lot shall have a 20 foot setback along the public streets and
shall be resurfaced and striped and shall have concrete curbs. Mr. Runkle said the applicant said
that the cost of resurfacing the lot with concrete curbing would be cost prohibitive. He said the
applicant is proposing a modular interlocking curbing system; however, the Engineering Department
of the City does not feel that the curbing would meet City requirements. Mr. Runkle said the
applicant is requesting that the 20 foot setback requirement be waived.
3) Condition #8 provides that the adjoining parking lot should be resurfaced and striped. Mr. Runkle
said the applicant would like the option of sealcoating and striping the parking lot in connection with
the final plat approval or re -blacktop and stripe the parking lot of proposed Lot 1 within two years
of the final plat approval. He added that the Engineering Department said that an overlay would be
a better long-term solution.
(54
Page 14/EAGAN CiTY COUNCIL MINUTES
November 20, 1990
Mayor Egan said it was his undemanding that staff agreed with the waiver of Condition 3, however,
had concerns about Conditions 4 and 8. He then asked Director of Public Works Colbert what staff's
objections were to a Interlocking curbing system. Mr. Colbert said that the applicant was proposing a pre -
manufactured curb and gutter system which Involved modular Interiocking pieces. He said the City had
evaluated the curb before and has found that it is not satisfactory for the long-term in aesthetics or function.
Mr. Colbert said it had been allowed in one of the industrial parks, however, staff is disappointed in its
stability.
Councilmember Gustafson said that in addition to the concrete curb, Condition #4 also deals with
the 20 foot setback. He said there Is a retaining wall on the site and asked what the present setbacks were.
He asked how far under 20 feet the setbacks were. Director of Public Works Colbert said the setbacks
range all the way from a minus three feet to In excess of 20 feet.
Mr. Bryce Huemoeller of DCR said it was important to keep in mind the overall benefits that the City
would derive from the subdivision of this property. He said since there are some benefits to the City
because of the subdivision, he thought there should be some give and take on the requirements. He said
that some of the improvements should be confined to those which are necessary. Mr. Huemoeller said that
there is no question that the liquor store parcel needs major aesthetic and functional work. He did feel,
however, that some of the requirements went beyond that which was necessary to bring the project up to
City standards. The subdivision allow separate ownership which also meant separate taxing parcels. He
said because of those benefits to the City, there should be some balance in the requirements.
Mr. Huemoeller said that in addressing specific Improvements, he did not feel It was a requirement
of the ordinance to comply with the 20 foot setback. He said to comply with the setback requirement would
result in hardship to these parcels because of the loss of parking spaces and the requirement that the
parking lot be totally reconfigured. Mr. Huemoeller said that his company thought patching, an overlay and
striping would bring the parking lot up to acceptable standards. He said they also preferred to use the
preformed concrete curb and felt it would be an improvement to the property. Mr. Huemoeller went on to
list substantial improvements they Intend to make to the area with the dean -up of the yard, scrubs, the
elimination of some trees, the addition of others, the enclosure of trash, the improvements to the parking
lot and the striping. Mr. Huemoeller said a reasonable approach to this project is a give and take in
response to the curb and overlay. In addressing Condition #8, Mr. Huemoeller said that the initial talks with
the City only involved sealcoating and re -striping. He said that is all that is necessary at the present time.
Mr. Huemoeller said that DCR is also looking into the parking configuration at the strip center and they have
set up a two-year plan to redo the parking system. He said it is DCR's position that a balanced and
equitable approach would be to allow patching and overlay in the liquor store parking lot, In addition to the
Interlocking curb system.
Mayor Egan then asked Director of Public Works Colbert what condition the strip center parking lot
was in at this time. Mr. Colbert said it is in an aged condition and If it were a City street, it would be time
for an overtay. He said sealcoating may be adequate, but an overlay would extend the life of the parking
lot.
Counciimember Pawlenty said this is a redevelopment project and it appears the City is trying to
retrofit current City standards onto to something built a long time ago. The Counclimember said this is a
small business saying that this Is a burdensome requirement and would be a problem. He said it appeared
to him that the interlocking curb was not a good idea, however, he heard several arguments on blacktop
versus sealcoating. He said it was his general observation that all of these requirements may have to be
done, but this is a redevelopment not a development project and the City needs to be mindful of the cost
benefit analysis as it relates to the applicant.
1.55
Page 15/EAGAN CiTY COUNCIL MINUTES
November 20, 1990
Councilmember Gustafson asked whether the curbing would be installed in both parcels. The
applicant said he was of the understanding that the curbing would be required in the liquor store parking
lot only. Director of Public Works Colbert said If an existing parking lot is not intended to be disturbed, they
would not expect curbing to be installed. He did point out, however, that I the parking lot is being
reconfigured and/or changed, the concrete curb should be installed anywhere the parking lot is being
reconstructed.
Counclimember Gustafson said after looking at photographs of the interlocking type curb, he had
some concerns about deviating from the standard concrete curb, but he said it should be confined to the
liquor store parking lot only. He said he would go along with the sealaoating and striping at the strip center
without the overlay. He said he could also accept the parking lot as it Is In regard to right-of-way and not
bring it back to the 20 foot requirement as it would obviously pose a problem. Mr. Huemoeller said that
DCR had already leased the liquor store and If they were required to overhaul the parking lot, it would create
an economic hardship. He added that shrinking the parking lot to comply with the 20 foot setback would
be an additional burden.
Mayor Egan asked Director of Public Works Colbert H the City accepted the second option on
Condition #8 to allow the applicant to blacktop and stripe the parking lot within two years, how the financing
would be guaranteed. Mr. Huemoeller said it would be guaranteed with a letter of credit. Mayor Egan asked
If the applicant was intending to carry the letter of credit for the entire two years and the applicant said that
they were. The Mayor then asked legal counsel If that would be acceptable and City Attorney Sheldon
Indicated it would. As a general observation, Mayor Egan said he was leaning toward accepting the
recommendation of the staff on Condition #3, however, he was inclined to remain firm on Condition #4 as
it related to the concrete curbs. Counciimember Pawlenty said he generally agreed with the Mayor's
position, however, he still had questions regarding the 20 foot setback. Councilmember Gustafson said that
the applicants were working with less than favorable conditions as to the height of the parking lot in
relationship to Beau de Reau Drive and Rahn Road. He said he thought the City should get compliance in
as many areas as possible, however, he did not want the property to stay in the condition it is presently in.
Mayor Egan said he was willing to accept the staff position that we need not worry about the setbacks until
the parking lot is resurfaced. Councilmember Gustafson said he assumed that resurfacing would take place
right away on the liquor store parcel. The applicant said it was his understanding that If the parking lot were
to be replaced, that is when curb would have to be installed and setbacks complied with.
For clarification, Director of Public Works Colbert said that from an engineering perspective, the
difference between maintenance and reconstruction is that maintenance involves patching, repairing and
overlaying and reconstruction consists of a new surface in addition to the poured in place concrete curb
system. If the City leaves the parking lot in its present configuration and requires the new concrete curbs,
Councilmember Gustafson asked whether the City was leaving Itself in an undesirable situation. Director
of Public Works Colbert said I the City requires that new concrete curbs be constructed, it would be difficult
to require the 20 foot setback at a later date because of the permanency of the concrete curb.
Councilmember Gustafson said he would t�lwilling
give
ft tsu Director of Publicsetback
Works Colbert asked what
but that would leave the City with the pa g lot as
at
problems were involved with providing the 20 foot setback. Mr. Huemoeller said it would not make the
parking lot unfunctional, but it would create significant problems for them from a parking standpoint, an
overall traffic flow standpoint and cause PrOol�ins with their lease. Mr. Colbert nd those costs could bepoot
ut
setback were required, there would be less parking lot to patch and overlay
toward the permanent concrete curbing. He said if the applicant was stating that a 20 foot setback creates
a hardship, staff would need to address what hardships are created. He asked whether they would lose
parking stalls, driving aisle width or circulation.
Page 16/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Rather than take the hardship statements on faith, Councilmember Pawlenty asked that staff be
directed to look at the situation critically and professionally and then come back to the City Council with
their findings. Mayor Egan agreed and suggested that the Item be carried over to conduct these studies.
Councilmember Pawlenty moved, Gustafson seconded a motion that the preliminary plat extension
for the Stryker Addition consisting of two lots containing the Big Top Liquor Store and Cedarvale Highlands
be continued to the December 18 regular City Council meeting with staff being directed to analyze the
hardship or problems being created If the 20 foot setback were required and provide additional Information
as to whether the parking lot needs to be reconstructed or whether the patch and seal approach would be
adequate. Aye: 5 Nay: 0
VARIANCE/ROSS BIRD
After introduction by Mayor Egan, City Administrator Hedges said that this was a request by Ross
Bird for a 10 foot variance to the required 30 foot frontyard setback for Lot 4, Block 1, Prettyman Heights
Addition. Mr. Hedges said the Item did not require Advisory Planning Commission action.
Director of Community Development Runkle said that this Is part of the Prettyman Heights plat. He
said that the topography breaks at the end of the cul-de-sac where the variance is being requested. Mr.
Runkle said the applicant feels the variance is necessary to move the house 10 feet closer to the front
property line because of this topography. Mr. Runkle said that the hardship for the variance was the
topography of the lot.
Mr. Ross Bird, the applicant, said he was ready to construct his home. He said the lot was on a
cul-de-sac and bringing the house forward would not interfere with the views of the neighbors. At that time,
Mayor Egan asked If there was anyone in the audience who wished to address the Issue.
Ms. Norma Hendrickson said she was not necessarily opposed to the request for the variance,
however, her lot is one of those directly below these particular lots In Prettyman Heights. She said they
receive a great deal of runoff from these lots. Ms. Hendrickson went on to explain the various difficulties
she had encountered with her home and with the builder, Mr. Steve Ramsey. She said perhaps these lots
had to be looked at as unbuildable. Ms. Hendrickson said that when she bought her lot, she never realized
what difficulties she was getting into because of the steep topography.
Director of Public Works Colbert said that while this was an entirely different issue, the developer
did not build on Ms. Hendrickson's lot according to the development plan. Mr. Colbert said that when the
house was placed on the lot, deep cuts were made in the bank at the rear of the property and extensive
retaining walls are necessary to retain this bank. He went on to say that the property owner does not have
the money to built the retaining walls and feels she is not responsible as she bought a lot that did not need
retaining walls to begin with. In addition, Mr. Colbert said that the developer did not feel the retaining walls
are his responsibility. Ms. Hendrickson then said Skyline Road was the problem and It Is the runoff from
this road that is running down the hili and causing her erosion problems. Mr. Colbert said they had been
working with the developer of Ridgehaven, Mr. Steve Ramsey, about his responsibility to grade the
development in accordance with the grading pian. Mr. Colbert said that Mr. Ramsey has been resistent on
this issue as he feels it is the builder and homeowner's responsibility, to establish landscaping and install
retaining walls. Mr. Colbert went on to say that in the meantime, there continues to be a great deal of runoff
down the hili which then washes out into the street. Mr. Colbert said the cost of cleaning up these streets
has been billed back to the developer, but he was not aware that the developer was billing the amount to
the homeowner. Mr. Colbert said that they have also been working with Mr. Prettyman and he has done
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: JIM STURM, CITY PLANNER
DATE: DECEMBER 11, 1990
RE: STRYKER ADDITION
On November 20, the City Council continued the Preliminary Plat extension for the Stryker
Addition until site -related issues could be resolved. The concrete curbing and resurfacing
of the parking lot appeared to be the major concerns of the applicant. At the November
20 meeting, a compromise of allowing the setback to remain as is would be allowed as long
as poured concrete curb was installed. Also, sealcoating, patching, and restriping the parking
lot would be acceptable to staff.
In summary, with the request for Preliminary Plat extension, the applicant would like to
change the following three conditions:
Condition #3: Cross ingress/egress and parking easements shall be submitted with the Final
Plat. This is acceptable to staff.
Condition #4: The parking lot shall have a 20' setback along the public streets and shall be
resurfaced and striped and shall have concrete curbs. Allowing the setback to remain as is
with a new poured in place concrete curb and sealcoating, patching, and restriping are
acceptable to staff.
Condition #8: The adjoining parking lot should be resurfaced and striped. Sealcoating,
patching, and restriping are acceptable to City staff at this time.
Attached are the November 20 City Council minutes, a letter from the applicant's
representative, Bryce Huemoeller, the original conditions of plat approval, and the revised
site plan showing the proposed site improvements for the liquor store lot.
If you would like additional information, please advise.
..., 1,e
CityiPlanner
JS/js
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DEC 10 '90 15:14 HUEMOELLER i BATES
HUEMOELLER & SATES
AT[oRNEYS AT LAW
POST OFFICE SOX 67
16670 FRANKLIN TRAIL
PRIOR LAKE, MINNESOTA 55372
JAMES D. SATES
wya a HutmoEuER
December 10, 1990
Jim Sturm
Eagan City Planner
3830 Pilot Knob Road
Eagan, MN 5122-1897
Re: Application of D.C.R. Company for Preliminary
Approval of Plat of Stryker Addition
Dear Mr. Sturm:
P.2
UkphOoe (612) 447-2131
ulecopier 16121447.56.2+!
On November 27, I met with Tom Colbert and Mike Ridley to
review the proposed modifications to the shopping center and
liquor store parking lots. I asked to meet with Tom and Mike to
talk to them about what I perceive to be opposition of the
engineering staff to the improvements proposed by the applicant,
D.C.R. Company.
At the meeting, we discussed various alternatives to deal
with their concerns, and arrived at the following compromise that
is satisfactory to engineering, and acceptable to the applicant,
for dealing with the parking lot improvements:
1• The condition number 4 to the preliminary approval would
be modified to accept the improvements to the parking lot
proposed by Charles Tooker (with the parking lot to be located as
shown by Tooker on his landscaping plan), except that in lieu of
the precast interlocking curb system, the applicant would be
required to install a poured concrete curb system. All of the
improvements to the liquor store parking lot (and presumably the
other improvements to the liquor store property) would have to be
finished within one construction season from final plat approval.
2. The parcels will not be required to comply with the 20
foot setback requirement because of the hardship that would
result from strict enforcement of the ordinance in this regard.
I'm hoping that this compromise can be submitted to the city
council with the joint support of both planning and engineering.
I will plan to be at the December 18 council meeting to advise
the council that the applicant also supports the compromise.
�4 1
Mr. Jim Sturm
November 28, 1990
page Two
please call if there is any diffi fltYwith or memorandum before
to the
proposal. I would appreciate a copy your
the meeting.
BDHav
cc: Hugh Fitzgerald
John Fitzgerald
David L. Grannis, III
incere yours.
gry D. Huemoeller
l ('0 a
STRYKER ADDITIOi)/F"I.W1 Ry pLA1'
City Administrator Tom Hedges Otroduced the matter to the
Council. Community Development Dirobtor Dili Runkle presented the
staff report and background regarding the matter. He informed the
Council that the Advisory Planning d& missi'On recommended approval
subject to eight conditions.
Dave Grannis (attorney for applicant) informed the Council
that the property was fully developed and there was a need, because
of a potential sale, for two separate tax parcels. He was unsure of
the full economic impact of the conditions'•U'pon the applicant. He
requested a continuance of the matter for:on,e month for review of
the Advisory Planning Ccmmiss$aY: gp dltiGAs.
Councilmember Egan announced that the Council could approve
the continuance and if the applicant desired to withdraw the matter
from the Council agenda, it could do so at a future date. Attornay
Grannis asked if the applicant could be put on the agenda et a
future date to request condition changes. Councilmember Egan
informed Mr. Grannis that the applicant had that right. Mayos
Ellison asked if the Id
f the conditions. The
applicant renewed hisquest'•�4s::a ;gAt'inuance. Councilmember Egan
felt there was not a for a''ioctibtrance as there had been
Sufficient time since the Advisory Planning Commission meeting. The
applicant informed the Council that he had been in receipt of the
Advisory Planning Commission minutes for only three days and had
not received the Council notl,ge pntil_the Previous week. He huc
acknowledged that staff is e» Wei j.::Councilmeunber McCrea had
no concerns regarding a contiauanbl:.but'q 4 want the conditions met
by the applicant. Councilmember Gustifsosi:tias in agreement with
McCrea. He felt the Council should ,.�pproyB.,the matter and let the
applicant return to the Council tpttginoi ipodifications. The
applicant stated he had no p;pb}'Mftb be Council's approach.
City Administrator Tom Hedges'i'ecommen,36 the applicant waive the
120 -day requirement if the matter was continued.
McCrea moved, Egan seconded, the motion to approve the
preliminary plat entitled Stryker Addition consisting of two lots
on 3.88 Community Shopping Canter toned acres with existing
buildings located at the soutA"$nrtrsect ion of Beau D'Rue Drive and
Rahn Road in the northeast quarter;gf Section 19, as requested by
DCR Company, subject to the following Conditions:
I. All applicable standard.'0lat.onditions shall be adhered to.
2. A survey of the resiftai�''unplatted area shall be submitted
with the final plat submission for the parcel file.
3. Cross ingress/egress and parking easements shall be
submitted with the final plat.
8. The parking lotahal;iuvts Ar1D fait setback along the
public streets and shall be resurfaced and striped and shall have
concrete cubs.
5. The current overgrown shrubbery shill be trimmed, removed
or replaced. Understory trees and shrubs should be planted to
screen the parking area.
6.
he
ers S!3ould be
attached Tto the sbuilding nand constructed npfosimilar materials
clsed in aeas
the building. The back wall and the air C4p4itioning units should
be covered and the ice cooler should be reinbved.
7. The liquor store lot oiid`be ;eleai,ed, the weeds removed
and it should be either seeded'or sodded.
8. The adjoining parking lot should be'. resurfaced and striped.
All voted in favor.
(G 3
Agenda Information Memo
December 18, 1990 City Council Meeting
PRELIMINARY PLAT/CONDITIONAL USE PERMIT
CLIFF LAKE CENTER 2ND ADDITION
F. Preliminary Plat, Cliff Lake Center 2nd Addition/RHC Associates Joint Venture I,
Consisting of One Lot on Approximately 1.2 Previously Zoned CSC (Community Shopping
Center) Acres Within the Eagan Hills West Planned Development, and a Conditional Use
Permit to Allow a Bank with Drive-Thru Tellers Located Along Cliff Lake Drive in the
Southwest Quarter of Section 29 --At its regular meeting of October 23, 1990, the Advisory
Planning Commission held a public hearing to consider an application for preliminary plat
and conditional use permit to allow a bank with drive-thru tellers for Cliff Lake Center 2nd
Addition located along Cliff Lake Drive in the southwest quarter of Section 29. The APC
recommended denial of the application based on: 1) traffic problems, 2) the amount of
impervious surface and 3) the opinion that the development was too large for the lot. The
matter was considered by the City Council at its regular meeting of November 20, 1990. At
that meeting, the item was continued to the December 18, 1990 City Council meeting with
direction to staff to address concerns related to the number of drive-thru lanes, the number
of parking stalls and the extent of impervious surface for the application as presented. An
additional item related to the pylon signage for the site was discussed and it was suggested
that this be handled as a separate issue.
For additional information in this re a , please refpr to the Community Development staff
report wh�h is enclosed on pages � through° for your review. Also enclosed on
pages 1-7*—,' through are the minutes of the November 20, 1990 City Council meeting
on this issue. In respo a to Council concerns,vau will find a memorandum from City
Planner Sturm enclosed on pages AA,� through
ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve or deny a preliminary
plat for Cliff Lake Center 2nd Addition/RHC Associates Joint Venture I, consisting of one
lot on approximately 1.2 previously zoned CSC (Community Shopping Center) acres within
the Eagan Hills West Planned Development subject to conditions as modified and 2) to
approve or deny a conditional use permit to allow a bank with drive-thru tellers located
along Cliff Lake Drive in the southwest quarter of Section 29 as presented.
SUBJECT: PRELIMINARY PLAT
(CLIFF LAKE CENTRE 2ND ADDITION)
APPLICANT: RYAN PROPERTIES, INC.
LOCATION: OUTLOT A, CLIFF TAKE CEN'T'RE
P.I.D. #10-17780-01&00
EXISTING ZONING:
DATE OF PUBLIC HEARING:
PD (PLANNED DEVELOPMENT)
OCTOBER 239 1"0
DATE OF REPORT: OCTOBER 159 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Preliminary
Plat of approximately 1.2 acres of previously -zoned PD land for the Cliff Lake Centre 2nd
Addition. The proposed development at this site is a bank with drive-thru facilities.
BACKGROUND: The site in question was platted as Outlot A, Cliff Lake Centre on March
1, 1988. At this time, a tri -party agreement was reached between the City, the DNR, and
the developer as to the amount of allowed impervious surface. This agreement designates
specific impervious surface percentages for each lot in the Cliff Lake Centre plat. The
proposed bank facility has an impervious surface of 58%. The tri -party agreement
mentioned previously allowed Outlot A an impervious surface of 42.017%. The applicant
has contacted the DNR Regional Hydrologist who believes the additional impervious surface
is negligible in terms of additional run off. However, the tri -party agreement was engineered
not only to control the amount of run off, but also to maintain a certain amount of green
space. If a deviation from the agreed 42.017% impervious surface for Outlot A is allowed,
the City, the DNR, and the developer shall enter into another agreement and to insure that
an amended Restrictive and Environmental Covenant Agreement is recorded in the office
of the Dakota County Recorder.
SITE PLAN: The site plan shows the bank facility with a footprint of approximately 2,800
sq. ft. There is a basement and ground level floor. The total square footage, including the
drive-thru canopy, is 7,378 sq. ft. Based on gross floor area, the City Code requires 30 on-
site parking stalls. City design standards require customer parking stalls to measure 10'x
20', handicap parking 12'x 20', and employee parking 9'x 20'. The plan shows 24 9'x 18'
customer parking stalls, one 12'x 18' handicap stall, and five 10'x 18' employee parking
spaces. All setback requirements have been satisfied.
(6S
The plan also shows five drive-thru banking stations and one automatic teller (ATM) drive.
The City Code requires five stacking spaces per drive-thru lane. SEH, the City's traffic
engineer, has reviewed the site plan and circulation and has arrived at the following
conclusions:
Drivers using the most northerly parking space adjacent to the bank
building will be required to back out into the bank entrance upon exiting
the site, which is not advisable. Eight foot drive-thru lanes are shown,
while ten foot lanes are advisable as larger vans, pickups, and
automobiles will find the eight foot width difficult to negotiate. The fifth
drive-thru lane appears especially cramped with slightly less than eight
feet at the entrance to the lane. The storage area behind the drive-thru
facilities will accommodate a maximum of 16 vehicles before the storage
begins to affect site entry circulation.
As mentioned previously, the City Code requires five stacking spaces for each drive-thru
lane. Based on the SEH review, the site plan does not provide the required stacking spaces.
If one drive-thru lane is eliminated and the width of the remaining lanes are increased from
eight to the City standard of 10', the required stacking can be accommodated.
The building will be brick with a metal facia strip and a metal panel roof. The brick color
is intended to match the rest of the center. The metal panel roof will be approximately 4'
above the actual rooftop so all rooftop mechanical equipment will be hidden. The trash and
recyclable enclosure will be located on the north side of the building and must be
constructed out of the same brick as the building.
The applicant has proposed a pylon sign on the south end of the site, as well as some
building signage. Staff has not received drawings of any signage.
The master sign plan for Cliff Lake Centre illustrates shopping center monument signs
located north and south of the subject site and a pylon sign on the site in question.
However, a centre pylon sign has been installed instead of the approved centre monument
sign. This sign is approximately 100' from the proposed location of the bank pylon sign.
Due to the proximity of the existing centre pylon sign, staff recommends only allowing a
bank monument sign at this site.
The Parks & Recreation Department staff is relaying to the Advisory Parks & Recreation
Commission at its November 1, 1990 meeting that the developer currently has no obligation
for parks dedication at this time.
0
GRADING1)RAINAGI~TROSION CONTROL: The grading of the proposed site was
provided with the initial development of the Cliff Lake Center. Minimal grading is
required with the development as proposed.
WATER QUALITY: All water quality requirements in accordance with the City's
Comprehensive Water Quality Management Plan were fulfilled with the 1st Phase
development of the Cliff Lake Center.
S"I'REETSIUTILITTESIEASEMENT&PERMUS: All infrastructure facilities necessary to
serve the proposed development were provided with the initial phase of the Cliff Lake
Center development.
The development is responsible for acquiring all regulatory agency permits as required
by the affected agency.
FINANCIAL OBLIGATION - CUFF LAKE CENTRE 2ND:
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following charges are proposed. The charges are computed
using the City's existing fee schedule and connections proposed to be made to the City's
utility system based on the submitted plans.
Improvement rovement Project Use Rate Quantity Amnurl
None
CLIFF LAKE CENTRE 2ND ADDITION CONDITIONS:
iE
1. These standard conditions of pint approval as adopted by Council action on July
10, 1990 shall he complied with:
A1, B1, C1, C.2, C4, D1, E1, Fl, and H1.
2. The City, the DNR, and RHC Associates shall enter into a Restrictive and
Environmental Covenant Agreement should the impervious surface of Lot 1, Block
1, Cliff Lake Centre 2nd Addition exceed 42.017%.
3. On-site parking Stalls shall meet City standards.
4. Drive-thru lane %vidtlis shnil be increased to 10'.
s. A maximum of four dri,.,e-thru lanes and one ATM lane shall be allowed.
6. All trash and recycling containers shall be stored inside or outside in a trash
enclosure attached to the building and made out of the same materials as the main
building.
7. Rooftop mechanical equipment shall not be visible from the street.
S. All signage shall meet Sign Code regulations and be subject to the one-time sign
fee of $2.50 Per sq. ft.
9. Site shall he allowed one monument sign.
A.
B.
C.
BTANDARD CONDITIONS OF PLAT APPROVAL
Fine a al Obligations
1. This development &hall accept its additional financial
obligations as defined in the staff's report in
accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
22onts and Riabts-of-W
1. This development shall dedicate 10' drainage and utility
easements centered over all common lot lines and adjacent
to private property or public right-of-way.
2. This development shall dedicate, provide, or financially
guarantee the acquisition costs of additional drainage,
ponding, and utility easements as required by the
alignment, depth, and storage capacity of all required
Public utilities and streets located beyond the
boundaries of this plat or outside of dedicated public
right-of-way as necessary to service this development or
accommodate it.
3. This development shall dedicate all public right-of-way
and temporary slope easements for ultimate development
of adjacent roadways as required by the appropriate
jurisdictional agency.
4. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water
elevation necessitated by City storm water storage volume
requirements.
IKMI Ji -PA -62 * C i f I catian9
1. All public streets and utilities necessary to provide
service to this development shall be designed by a
registered professional engineer in accordance with City
codes, engineering standards, guidelines and policies.
2. A detailed grading, drainage, erosion, and sediment
control plan must be prepared in accordance with current
City standards prior to final plat approval.
3. This development shall insure that all temporary dead and
public streets shall have a cul-de-sac constructed in
accordance with City engineering standards.
STANDARD CONDITIONS OF PLAT APPROVAL
PAGE TWO
4. A detailed landscape plan shall be submitted on the
proposed grading plan. The financial guarantee shall be
included in the Development Contract and not be released
until one year after the date of installation.
5. All internal public and private streets shall be
constructed within the required right-of-way in
accordance with City Code and engineering standards.
D. public Ingtovements
1. If any public improvements are to be installed under a
City contract, the appropriate project joust be approved
at a formal public hearing by Council action prior to
final plat approval.
E. Perrits
1. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame
required by the affected agency..
F. parks and Trails Dedication
I. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and
Recreation Commission and approved by Council action.
G. Water Quality Dedication
I. This development shall be responsible for providing a
cash dedication in addition to/in lieu of ponding
requirements in accordance with the criteria identified
in the City's Water Quality Managtnent plan.
1. All standard platting and toning conditions shall be
adhered to unless specifically granted a variance by
Council action.
Advisory planning Coumission
Approved: —August 25, 1987
Revised:
plataprv.con
LTS #2
City Council
8e tember 15, 1987
July 10, 1990
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OCT -16-1990 11:36 FROM WESTWOOD PROF. SERVICES TO
tD
KIZEOF
07�
EIARTM NT QF
METRO GION W
PmoNEwc. 296-7523
August 4, 1989
4546363 P.0'
AkSV 5jA9U5^mS
ST . PAUL, w. 5510 6
ME NO.
Mr. Ronald P. Peterson
Westwood Professional Services
7101 York Avenue South
Edina, M. 55435
Dear Mr. Peterson:
RE: CLIFF LAKE CENTER, CITY OF EAGAN, S14ORELMD AGREEMENT
I have reviewed the documents which you submitted regarding the
Cliff Lake Centtr in the City of Eagan. The revised plans propose
an increase in the percentage of impervious surface on the property
by approximately .23%. After Carefully reviewing this matter, we
have determined that this is an insignificant modification to the
approved plan which does not require a separate amendment to the
agreement signed by the Department on January 19, 1988.
Therefore, this letter will serve as documentation of our position
and if you have any questions feel free to contact me.
Sincerely,
J n L. Stine
Re Tonal Hydrologist
cc: City of Eagan
T. Lutgen, St. Paul waters
:lkr
AN EQUAL OPPORTU
0
AW
AE
OW2NURE A ARCM7TEM / PLAAINERS
October 16, 1990
Mr. Mike Ridley
Planning Department
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Mike:
3535 VADNAIS CENTER DRIVE, ST. PAUL, MINNWA 55110 612490-20X
RE: EAGAN, MINNESOTA
FIRSTAR EAGAN BANK
CLIFF LAKE ROAD
The purpose of this letter is to provide a site plan analysis for
Firstar Bank along Cliff Lake Road at Cliff Lake Centre in Eagan.
Our review consisted of two areas of analysis. First, a review
of onsite circulation and parking; and second, a comparison of
the trip generation of the proposed bank facility with the trip
generation of future outlot development as estimated in the Cliff
Lake Centre traffic study in 1988.
The project consists of a bank of approximately 7,300 .square feet
which includes the canopy over the drive-thru windows. Five
drive-thru lanes are shown on the site plan in addition to an
Automatic Teller Machine (ATM) lane. Twenty-three customer
parking spaces, as well as five employee parking spaces are
provided.
Site Design
Access to the bank is taken from a major onsite circulation aisle
at Cliff Lake Centre. The northerly driveway is an entrance only
access, while the southerly driveway is an exit only. The
accesses appear to work well with the onsite circulation and
parking pattern as shown on the site pian. Drivers entering the
site via the driveway north of the bank site will be required to
complete a U-turn maneuver into the bank's entrance drive. This
may be somewhat awkward during peak times at the Centre, however,
It is not expected to create any major onsite circulation delays
or problems.
540; E..:17'! S PA Jam. CNIPPEWA FA.. c
NENo4.:K$ MINNESOTA R W15COA'51h
V
Mr. Mike Ridley
October 16, 1990
Page 2
The exit driveway appears to be an adequate distance from Cliff
Lake Road. The curb returns shown on both driveways have a
radius of approximately 12 feet. We suggest that this be
increased to 15 feet to avoid wheel tracking of larger vehicles
over the curbs.
The layout of the parking spaces will function well as they
relate to the entrance and exit only drives provided on the site.
Elimination of the most northerly parking space adjacent to the
bank building is suggested. Drivers using this parking space
will be required to back out into the bank entrance upon exiting
the site which is not advisable, especially since this entrance
also serves the ATM lane and auto bank lanes. If the width of
the parking spaces in this row is reduced to nine feet rather
than ten, it is possible that the same number of parking spaces
could still be provided, with an increased distance between the
driveway and the handicap parking space.
The configuration of the employee parking may create some
difficulties during peak hours of use in the drive-thru facility.
An employee arriving at work from lunch or in the middle of the
day may not wish to wait in line in the drive-thru to access the
angle parking spaces. Access via the customer parking area will
be somewhat difficult due to the angle of the spaces.
There are several concerns with respect to the drive-thru
facility and ATM lane. The drive-thru lanes are shown as being
eight feet wide. Ten -foot drive-thru lanes are advisable as
larger vans, pickups and automobiles will find the S -foot lanes
difficult to negotiate. Ten -foot lanes are easier for drivers to
maneuver into and provide more flexibility in terms of spacing
from the auto bank facilities. The fifth drive-thru lane appears
especially cramped with slightly Tess than eight feet at the
entrance to the lane.
The storage area behind the drive-thru facilities will
accommodate a maximum of 16 vehicles before the queue begins to
affect the site entry and access to the customer parking area.
According the Institute of Transportation Engineers (ITE) Trip
Generation Rates, the volume of traffic generated to the site
during the p.m. peak hour is approximately 100 vehicles. Most of
these vehicles will be bound for the drive-thru lanes since walk-
Mr. Mike Ridley
October 16, 1990
Page 3
in facilities of banks are typically closed during the p.m. peak
hour. To process 100 vehicles in one peak hour, all five drive-
thru windows would need to be open and operating with an average
of three minutes per customer in order avoid a situation where
vehicles begin to accumulate in the stacking area. Some stacking
will always occur since vehicles tend to arrive in platoons or
groups because of the traffic signal patterns on surrounding
streets.
The 100 customers arriving at the bank during the p.m. peak hour
does not include those customers which would use the ATM lane.
Stacking of 10-13 vehicles in the auto bank drive-thru lanes will
result in a blocked path to the ATM lane. This would further
contribute to the volume of cars which could queue as far back as
the entrance to the bank during peak hours of drive-thru use such
as the noon hour or the early evening hours.
The key factor to processing this volume of customers in the
drive-thru facility fast enough to avoid a lengthy queuing
situation is to ensure that all five drive-thru lanes are open
and that there is an adequate number of employees to serve the
lanes.
According to previous studies of trip generation for drive-thru
banks, the volume of cars entering during the p.m. peak hour
would decrease to approximately 80 vehicles if the number of
drive-thru lanes was reduced to four. This would reduce the need
for capacity in the stacking area.
A concern with respect to the drive-thru portion of the bank
facility is the short length of the stacking area between the
corner on the north edge of the site and the drive-thru lanes
themselves. Given the configuration of the approach to the
drive-thru windows, we expect confusion and difficult maneuvering
during the peak hours of use. This will especially occur in
vehicles approaching the first drive-thru lane due to the tight
corner, and vehicles approaching the fourth and fifth lane, as
they will share the same stacking area.
To avoid wheel tracking over the raised island between the first
and second autobank lanes, we suggest shortening the south end of
the island by ten feet. As shown, vehicles in the first lane
would find it difficult to a:it without their rear tires tracking
over this island.
Mr. Mike Ridley
October 16, 1990
Page 4
A location for a trash enclosure has not been identified on the
site plan. Trash truck accessibility to the enclosure should be
checked once the location is chosen.
Trip Generation
The purpose of reviewing trip generation of this project is to
ensure consistency with the trip generation anticipated as part
of the overall Cliff Lake Centre traffic study. The proposed
bank project has been compared with the trip generation estimates
for the outlot, or "satellite" portions of the original site.
The trip generation assumption for these portions of the
development layout is shown below:
ADT PEAK HR. ASSUMED PEAK
UNITS RATE RATE INTERACTION ADT HR
Satellite 29 KSF 180/KSF 12.6/KSF 40$ 3130 220
Shops
In the Cliff Lake Centre traffic analysis, 40$ of the trips
generated by the satellite shops were assumed to be duplicates of
other trips generated to the site by other land uses. In other
words, drivers will go to the site for two or more purposes, such
as Target and the outlot land use, or a restaurant and one of the
outlot land uses. This same level of interaction is expected for
the proposed bank facility. The expected trip generation for the
bank facility is shown below, using the 40% interaction
assumption:
ADT
UNITS RATE
Firstar 5 drive-thru 318.0/
Bank windows window
(Approx. 7300
Sq. Ft.)
PEAK HR. ASSUMED PEAK
RATE INTERACTION ADT HR
45.0/ 40$ 954 135
window
Trip generation for the bank was calculated according to the
number of drive-thru windows provided. Similar results -ere
achieved using square footage as the basis for trip generation
(ADT of 1.275 and p.m. peak of 118). This includes both trips
generated to the drive-thru and the walk-in portions of the bank.
Mr. Mike Ridley
October 16, 1990
Page 5
As can be *sen, the proposed bank facility can be expected to
generate an average of 954 trips per day, which constitutes only
30$ of the daily trip generation assumed for the outlot portions
of the site. However, the p.m. peak hour is expected to generate
135 p.m. peak hour trips. This makes up 61% of the trips
previously assumed for the outlot portions of the site.
The Automatic Teller Machine will certainly contribute to the
daily trip generation of the proposed bank facility. However,
even if the ATM generates several hundred (i.e., up to 600) trips
per day, the project will still generate less than 50% of the
previously assumed outlot trips.
During the p.m. peak hour, ATM customers are likely to consist of
bank customers who do not wish to wait to get into a drive-thru
lane, and drivers who do not bank at Firstar. Since the ATM
shares the same access and approach lanes as the drive-thru
facility, it is likely that many drivers who do not bank at
Firstar will choose not to use the machine during the peak hours,
when the drive-thru banking facilities are experiencing their
greatest level of use. Assuming the ATM machines are used by 30
people during the p.m. peak hour, at an average of two minutes
per -customer, the trip generation of the ATM would be 60 (30 in,
30 out). Again, the assumed interaction factor of at least 40%
can be applied, bringing the trip generation down to 36.
The total of the bank and ATM p.m. peak hour trip generation is
then 171; or 77% of the previously assumed trips. Since this
site is now the only outlot development in Cliff Lake Centre, it
appears the previously assumed trip generation will not be
exceeded. Since the roadway capacity in this area is critical,
it is advisable to look closely at whatever future land uses are
proposed on the site to ensure consistency with previous
assumptions, or to determine whether or not further mitigation is
necessary.
In summary, the trip generation for this project does not appear
inconsistent with that previously assumed for the outiot portion
of the site. We recommend increasing the width of the drive-thru
lanes to 10 feet. A beneficial outcome of this would be the
elimination of one drive-thru lane, which would help to avoid
confusion and congestion in the stacking area of the drive-thru
facilities.
a
Mr. Mike Ridley
October 16, 1990
Page 6
If you have any questions on any of the above comments or
suggestions, please do not hesitate to give me a call at
490-2071.
CRG/cih
Sincerely,
Cindy Gray,
Transportation Planner
L �1
X 2 M O R A N D U X
TO: , TOM HEDGES, CITY ADMINISTRATOR
FROM: JIM STURM, CITY PLANNER
DATE: NOVEMBER 1, 1990
RE: CLIFF LAKE CENTRE 2ND ADDITION
At the October 23 Advisory Planning Commission meeting, the
Preliminary Plat consisting of one lot on approximately 1.2 acres
within the Eagan Hills West Planned Development and a Conditional
Use Permit to allow a bank with drive-thru tellers located at Cliff
Lake Centre were discussed at length by the Advisory Planning
Commission. The concerns raised dealt with internal traffic
problems stated in the SEH report, the idea of "shoe horning"
development (putting too much into a small area), and the
impervious surface issue. There was a tri -party agreement and
amendment to that agreement between the City, the DNR, and the
applicant limiting the impervious surface of the site to 42%. The
proposal was for 58%. The applicants responded to the staff report
by submitting a revised plan to staff the day of the meeting and to
the Commission that night. However, these changes were trying to
mitigate concerns prior to action by the Advisory Planning
Commission.
The applicants may also request a pylon sign at the Council
meeting, but the legal notice did not include this item and it is
my opinion that either an amendment to the Planned Development or
a separate Conditional Use Permit will be necessary to allow a
pylon on that site.
If you would like additional information, please advise.
City Planner
JS/js
CC: Dale Runkle, Community Development Director
Page 13 EAGAN ADVISORY PLANNING COMMISSION MINUTES
October 23, 1990
10. The development
is r t:provide a cash dedication for
fulfillment of the water qualit-' fi4uirements as identified in the
City's Comprehensive Water Quality Management Plan.
11. All sign requirements
12. The applicant shall work"C'ut
traffic circulation with staff prioi`i:to
13. Rooftop mechanical devices shal'
All voted in favor.
met per City Code.
t)4'final details of internal
f iyial plat approval.
''be screened.
Miller moved, Trygq secoh4'ed.,. the motion to approve a conditional
use permit to allow a dr1v"4::*:':'.:�i Uronh automobile emission testing
facility along the north Centre Drive and west of
O'Leary Lake in the northeast.*:., quartii...,qf Section 15. All voted in
favor.
PYLON SIGN AGRZXX3[NT.m YXDZnT- LAND COXPANY
City Planner Jim Sturm introduced the application summary to the
Planning Commission.
Voracek roved, Merkley seconded, the notion to approve a pylon
sign agreement for the located along the north
side of Cliff Road in the 9'outh t9t-`:4ti®iter of Section 30. All voted
in favor.
CLIF7 L&]K2 CZXTRZ IND &WZTXCW
A" ZATZO ZOINT TZWMZ I
% ...
Chairman Graves opened the next public hearing for the evening
regarding a preliminary plat Consisting of one lot on approximately
1.2 previously zoned CSC (Community Shopping Center) acres within the
Eagan Hills West Planned Development and a conditional use permit to
allow a bank with drive through tell4r.'s located along Cliff Lake
Drive in the southwest corner of Section 30: ..:.
City Planner Jim the background for the
development and reviewed with the Planning
Commission.
Bill McHale for Ryan Conrtruction**tat*d that all concerns had
been addressed. He further stated that the developer had been
released from the tri -party agreement by the DNR. He gave a history
of the pylon sign.
l8�
Page 14 - EAGAN ADVISORY
October 23, 1990
PIMM'NG COMMISS10i.' MINUTES
Member Merkley stated
the proposed changes to
these changes before making
that the*'%'Planning Commission had just seen
the site and needed further time to review
a decision.
Chairman Graves questioftd::.:f:shat::: orning of the site in that
the use seemed too large dor ':-Vti iced outlot. Member Merkley
agreed. .
Member Miller conceded that,.'ftere :1re some internal traffic
problems but pointed out that; thfi�,`v6s.::sf Qilar to last month's Yankee
Square proposal. He further=itated`:;:Li'at he was sensitive to the
impervious surface issue. He felt more traffic would add to the
viability of the center. Member Gorman disagreed. He felt the lot was
congested and the proposal should be scaled back somewhat. Member
Miller stated that congestion does not mean hazard. Chairman Graves
felt that confused congestion..vas not proper planning.
Member Merkley felt t2ia :.%.'.:;:;:parking should be scaled back to
meet the green space agreement.'--'-'l&�ab�.r Voracek also felt that the
green space requirement should.::: not ,be:;;:;°.given up by the City. Mr.
McHale stated that the agreemeit' pertain to green space but
only to wetland protection,..;.;:;H::;tested that the .subdivision met all
green space requirements'Code. Code. There was more discussion
regarding the interpretation'''of the tri -party agreement. Member Trygg
asked what the intent of the agreement was. City Attorney Dougherty
stated that the original agreement referenced a water management
plan. Member Trygg questioned the percentage as to Outlot A. Member
Miller stated that the DNR.....pppa 14r�tI ... considered the parking lot
pervious.
Chuck Poppler (Ryan) explainid:;how ft.ie drain field system under
the parking lot made it pervious.:40imbei.,4orman pointed out the City
had a different interpretation of this;: agrsiRment.
Voracek moved, Merkley seconded, the motion to deny a preliminary
plat consisting of one lot on approximately 1.2 previously zoned CSC
(Community Shopping Center) acres within the Eagan Hills hest Planned
Development for the following reasons:
1. Violation of the impervious surf ac4:.,'sigreement.
2. Congestion due to the ;$i'tdiwent.
3. The proposed use was too large for% die lot.
Voracek, Graves, Markley and Gorman voted in favor; Miller and
Trygg voted against.
LRO
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: NOVEMBER 5,19%
RE: CLIFF LAKE CENTRE -2ND ADDMON
The Advisory Parks and Recreation Commission reviewed the above referenced proposal
at it's November 1, 1990 meeting and made the following recommendations:
1. This proposal is located within the Eagan Hills West Planned Development.
This planned development specifically outlined trailway obligations and a
parkland dedication schedule. The development is currently ahead of the
parkland dedication schedule and therefore, has no obligation for parks
dedication at this time.
KV:cm
cc: Ed Kirscht, Engineering Technician
Marilyn Wucherpfennig, Planning Aide
`q�
Page 19/EAGAN CITY COUNCIL MINUTES
November 20, 1990
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall
be complied with:
Al, B1, B2, B4, C1, C2, C4, D1, E1, F1, G1, and H1.
2. A revised site plan shall be submitted shoving the number of parking stalls which will support
the number of employees and the number of customers.
3. The entrance/exit accesses shall be a minimum of 30'.
4. The trash enclosure shall be large enough to accommodate recycling.
S. A revised landscape plan shall be submitted on a grading plan, showing materials which meet
City requirements.
6. The development is required to provide an outlet to the proposed internal storm sewer system
to the existing storm sewer system in O'Leary Drive.
7. An additional 25' easement is required for the existing trunk sanitary sewer line along the easterly
property line of the proposed site.
8. The westerly egress point to Town Centre Drive Is required to be moved westerly and centered
on the exit doors of the proposed facility and narrowed to a 16' width.
9. The easterly access point is required to be moved approximately 20' east and designated for
Ingress and egress.
10. The development is required to provide a cash dedication for fulfillment of water quality
requirements as identified in the City's Comprehensive Water Quality Management Plan.
Aye: 5 Nay: 0
PYLON SIGN AGREEMENT/FEDERAL LAND COMPANY
After introduction by Mayor Egan, City Administrator Hedges said that this Item was considered by
the Advisory Planning Commission at their October 23, 1990 meeting and had recommended approval.
Director of Community Development Runkle said that the pylon sign agreement that had been
submitted for approval was consistent with Condition 4 of the Park Center's development contract. He said
all signs meet the 300 foot spacing requirement. Mr. Runkle said that one condition had been discussed
at length and that was the requirement that no more than four signs be erected on the property unless
otherwise approved by the City. Mr. Runkle said that Mr. Charles Bartholdi, representing Federal Land
Company, had agreed to the change In conditions. Mr. Bartholdi said he could not agree for Federal Land
Company, but he did not believe it would be a problem.
McCrea moved, Wachter seconded a motion to approve the pylon sign agreement for Federal Land
Company for the Park Center Addition located north of Cliff Road in the southeast quarter of Section 30.
Aye: 5 Nay: 0
PRELIMINARY PLAT/CONDITIONAL USE PERMIT
CUFF LAKE CENTRE 2ND ADDITION
After introduction by Mayor Egan, City Administrator Hedges said that the application had been
considered by the Advisory Planning Commission at their October 23, 1990 meeting. He said at that time,
the APC had recommended denial based on three issues: 1) traffic problems, 2) the amount of impervious
surface and 3) the opinion that the development Is too large for the lot. Mr. Hedges said that he had
discussed this Issue with the Mayor and it was their consensus that rather than spend a great deal of time
on the background, that discussion be directed toward these issues.
Page 20/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Mr. Mike Larkin, representing Firstar Bank, said the location Is Ideal for a bank and his discussion
centered on the number of drive-in lanes that were necessary for the bank. He said because two tellers are
needed for four or five drive-in lanes, It would be more economically feasible for the bank to have five drive-
in lanes. Mr. Larkin said at their present location, they have six and they do not have stacking problems.
He said the bank could also service more customers with five drive-in lanes. Counclimember McCrea asked
whether during peak hours of operation, the bank would utilize all five drive-in lanes. Mr. Larkin said yes,
they use all six now. Mr. Larkin said he had talked with their corporation and while they prefer five, If it
would affect the entire project, they would agree to change.
Mayor Egan said two issues were under discussion and they were the City's 30 percent requirement
for open space and the three party agreement with the Hoffman Land Development Group, the DNR, and
the City of Eagan which refers to 42 percent impervious surface. He asked Mr. Runkle when the 30 percent
green space requirement came into play and at what point the three party agreement became the issue.
He said there appeared to be a substantial variance between the 42 percent requirement and the 58 percent
proposed. Mr. Runkle said that the restrictive environmental covenants spell out what the Impervious surface
can be and that is 42.017 percent.
Mr. Bill McHale, representing Ryan Construction, said that the document that Mr. Runkle referred
to was actually an amendment to the original document. Mr. McHale said the original agreement allowed
70 percent impervious on the shopping center and 55 percent on Outiot E, which is Phase 2. He said
accommodation was made in the document that as the lots developed, they would be released and Lots
1, 2 and 3 for Target and Cub have been released. Mr. McHale said that the DNR had told them that the
Increase in impervious surface for this 1.2 acre lot is insignificant when viewed in terms of the entire
development. Mayor Egan then asked if the 70 percent was the agreement for the entire site. Mr. McHale
said the 70 percent was made on the overall shopping center site. He said Outlot E Is less at 55 percent.
However, Mr. McHale said in order to implement the releases, they had to go back and delineate what the
plan called for in each lot. Mr. McHale said the DNR's posture six months ago was that it was an
insignificant change because none of the water would run into the lake or near the lake. Mayor Egan said
that assuming for argument's purposes that the pervious surface was increased slightly in Outiot A, would
that throw the entire development out of compliance. Mr. McHale said that was up to the City Council. He
said he did wish to clarify that when the DNR was talking about pervious versus impervious surface, they
were not talking about green space versus hard surface, but rather water percolation. Mr. McHale said that
K the Council wishes to balance the entire 80 acres, it would be necessary to take about 8,000 square feet
out of Outlot E because it is the only outlot left. Mayor Egan said it appeared the pervious surface was
being increased in Oudot A from 42 percent to 58 percent. He asked Mr. Runkle If it was that increase that
the DNR was saying was insignificant. Mr. Runkle said it was more a staff interpretation of the environmental
agreement as it specifically applies to Outlot A. Mayor Egan said he remembered when the three party
agreement was developed that the percentages were very Important to the DNR and now they were saying
that the percentages were Insignificant. Mr. McHale said that once everything was developed next to the
lake, the DNR's interest waned. However, Mr. McHale said that when they develop Oudot E, he felt the DNR
would be interested again as it encroaches on the lake.
Councilmember Wachter asked if five drive-in lanes were not approved for the bank, whether the
building would be moved further south. Mr. McHale said it would. After a question from Councilmember
Wachter regarding the width of the parking spaces, Mr. McHale said that City Code calls for employee
parking to be at nine foot widths and customer parking to be at ten foot widths. After discussions with staff,
Mr. McHale said that all parking stalls had been made nine foot because it improved the overall traffic flow.
He added that it was also an issue the Council would have to address.
Mayor Egan asked the Director of Community Development that with the immense parking facilities
at the Centre, why there couldn't be cross parking. Mr. Runkle said that issue had potentlal, however, they
��-5
Page 21/EAGAN CITY COUNCIL MINUTES
November 20, 1990
were looking at each individual lot to hold Its own. Counclimember Gustafson asked Mr. Larkin how many
persons the bank would employ when fully staffed. Mr. Larkin said eight or nine employees to begin with.
Mr. Gustafson said for this square foot building, it would require 30 parking spaces. He said he would rather
have staff look at fewer ten foot spaces than more nine foot spaces. Councilmember Gustafson asked
Director of Community Development Runkle If the bank orgy put in four drive-in lanes, what that would do
for the impervious surface percentage. Mr. Runkle said he did not have the exact figures, but it would
reduce the amount of impervious surface.
Mayor Egan said that this is one of two existing community shopping centers in the City. He said
that the developer had always anticipated that there would be a bank at this location. He said many of the
Issues discussed had been minimized and he believed they could be resolved. Mayor Egan said the APC
had concerns regarding the intensity of use and yet according to SEH, even with the worst case scenario,
they are only anticipating 77 percent of the traffic that was originally projected for Outlot A. Mayor Egan
said he felt it was a less intensive use than what was originally proposed.
After much discussion about the number and width of parking stalls, it was recommended that
research also be done into the pervious versus Impervious surface requirements of the agreement. Mayor
Egan asked whether staff should do the background work on the agreement and whether the impervious
surface should be reduced or whether the agreement should be amended allowing an increase in the
Impervious surface. Counciimember McCrea said she would like something regarding the pros and cons
of allowing a change in the impervious surface, but said she would not like to see a great deal of money
expended on the issue if the DNR considers it an Insignificant increase. Councilmember Gustafson said he
was not in disagreement, but did not believe the issue was the DNR. He said the City accepted an
agreement which would not allow the Impervious surface to exceed 42 percent. He said now the applicant
was requesting 58 percent and it would be up to the City Council to decide whether or not they would allow
58 percent. He said it was not a staff issue.
McCrea moved, Egan seconded, a motion to continue to the December 18, 1990, regular City
Council meeting, the preliminary plat for Cliff Lake Centre 2nd Addition as requested by RHC Associates
Joint Venture I and a conditional use permit to allow a bank with drive-in tellers and direct staff to work with
the developers on the percentage of impervious surface, number of parking spaces, and pylon sign issues.
Mayor Egan asked the City Attorney what his perspective was on the pylon sign issue. Mr. Sheldon
said the issue is probably best discussed when some of the other issues had been resolved. Mr. McHale
said part of the pylon sign issue was the spacing requirement. He said originally there were pylon signs
planned for four locations. At that time, Mr. McHale said one of the signs was moved deeper into the site
and a pylon sign location was switched with a monument sign location. Mr. McHale said what they were
proposing was taking one of the signs and moving it to the other side of the lot where they perceive the
entrance to the bank to be, and then moving the monument sign across the street. He said they would
space the signs about 300' apart and meet all City Code requirements.
Councilmember Gustafson said he thought that would resolve the sign Issue. He said it was his
understanding there would be a cross parking agreement and the creation of 28 parking spaces. The
Councilmember said It would leave only one Issue to be resolved and that was in regard to the impervious
surface. He said he would rather resolve the issue at this meeting, rather than continue the item.
Councilmember McCrea said she did not believe staff was oomfortabie with pylon sign issue as presented.
Mayor Egan said he would be more comfortable addressing all Issues In four weeks.
Aye: 3 Nay: 2 (Gustafson and Wachter)
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: JIM STURM, CITY PLANNER
DATE: DECEMBER 11, 1990
RE: CLIFF LAKE CENTRE 2ND ADDITION
On November 20, the City Council continued the Preliminary Plat and Conditional Use
Permit for the Cliff Lake Centre 2nd Addition and staff was given direction regarding site -
related issues. Specifically, if the project is to proceed, the Tri -Party Restrictive and
Environmental Covenant Agreement must be amended. That agreement allowed 42.017%
impervious surface on the lot and the plan, as proposed, was 58%. Since that time, staff met
with the applicant and the following modifications are being proposed:
Five drive-thru lanes are proposed (the same as the original plan), however the ATM
lane was removed and the machine will be incorporated in to the outermost lane.
Six parking stalls (dashed in on the site plan) near the exit area are also proposed to
be eliminated.
With both actions, the impervious surface is reduced to 52.05%. If the parking stalls are
required, the impervious surface increases to 54.52%.
Twenty-one parking stalls are proposed (twenty-seven including those dashed in on the site
plan). Cross ingress/egress and parking agreements have been recorded, allowing parking
for the bank on the shopping center lot. Therefore, from a circulation standpoint, it would
be better if the six southerly spaces were not constructed now since they would require the
driver to back into the only est area and it reduces the impervious surface area, as well as
adding to the green space in this small lot.
The applicants have agreed that a Conditional Use Permit is necessary for a pylon with this
plat. It will be scheduled for the Advisory Planning Commission if the project proceeds.
If the project is approved, the following changes to the original conditions are requested:
• Condition #3: On-site parking stalls shall be approved as per the plan dated
12/07/90.
• Condition #4: Drive-thru lane shall be approved per the site plan dated 12/07/90.
• Condition #5: A maximum of five drive-thru lanes, including the ATM lane, shall
be allowed.
Attached are the November 20 City Council minutes, revised site plan, and the original staff
report. If you would like additional information, please advise.
Ci Planner
JS/js
attach.
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Agenda Information Memo
December 18, 1990 City Council Meeting
1991 CIGARETTE LICENSE RENEWALS
A. 1991 Cigarette License Renewals --City Code section 6.34 provides for the licensing of
tobaccoales either by vending machine or over the counter. Enclosed on pageQ�
through you will find a memorandum from Administrative Assistant Witt regarding
current Eagan cigarette license holders. Because the Council has raised concern previously
concerning the availability of tobacco to minors and because other cities have acted to
restrict such availability through a variety of ordinances, the memorandum outlines several
alternative actions which may be considered in this regard.
The Council may wish to: 1) approve the 1991 renewals at this time and address the policy
issue of cigarette sales during 1991 as an additional license requirement, 2) approve licenses
for over the counter tobacco sales but ban cigarette vending machines from the City of
Eagan, 3) approve over the counter tobacco licenses, ban cigarette vending machines
institute additional requirements for over the counter sales or 4) delay any action on 1991
cigarette license renewals until a February City Council meeting to permit discussion of
additional regulations by the Council and staff.
ACTION TO BE CONSIDERED ON THIS ITEM: 1) to approve 1991 cigarette license
renewals as or 2) to identify and approve one of the alternatives outlined above for staff
direction.
December 11, 1990
TO: CITY ADMINISTRATOR HEDGES
FROM:ADMINISTRATIVE ASSISTANT WITT
RE: 1991 CIGARETTE LICENSE RENEWALS - 25 vending machines and
26 over-the-counter sites
There has been a great deal of activity in Minnesota cities this
past year regarding the regulation or ban of cigarette vending
machines. The state has increased the penalty and has enacted
stricter enforcement of cigarette sales to minors.
Nevertheless, it is apparent that teenagers are still able to
buy cigarettes without any hassle. A resident called yesterday
and said she had observed two teenagers, about 15 or 16 years old,
buy cigarettes at an Eagan convenience store on December 8, no
questions asked. Individual packs and cartons of cigarettes are
within easy reach of the public at grocery and discount stores.
The Council may wish to discuss various cigarette licensing
options which include, but are not limited to, the following:
1. Approve 1991 renewals as presented and devise action plan
sometime during 1991. Such a plan could include a local survey
of how and where teenagers obtain cigarettes.
2. Ban cigarette vending machines from all establishments in
Eagan.
3. In addition to the ban on vending machines, require overhead
racks for over-the-counter sales.. All ciqarette packs would be
dispensed from these racks; all cartons would be kept in locked
cupboards at the counter.
4. Delay approval of renewals and discuss policy at a January
workshop, followed by action at a February council meeting.
0-00
1991 CIGARETTE LICENSE RENEWALS
IOCATION
Al Baker's
American Fruit & Produce
Brooks Superette #43
Brown Tank
Cedar Cliff Amoco
Cedarvale Lanes
Check Technology
Cheers Wine & Spirits
Compri Hotel
Cub Foods
Diamond T Ranch
Duckwood 66
Durnings
Eagan E -Z Stop
Eagan Sinclair #22028
Eagan Standard
Finaserve, Inc.
Holiday Stationstore #234,247
Lanxang Oriental Grocery
Lost Spur Country Club
Mister Donut
NWA
PDQ
Parkview Golf Club
Perkins
Total Petroleum
Rainbow Foods
Richard's Food & Liquor
Snyder Drug Store #32 & #61
Stark's Saloon
Superamerica #4049,4182,4335
Target
Texaco Super Store
Tom Thumb #166,259,273
Valley Lounge
Walgreens
Yankee Square Amoco
Liquor Shoppe
# OF OVER
VENDOR MACH. COUNTER
Theisen Vending Co.
MN Vikings Food Service
Gateway Foods of Mpls.
North Country Vending
Robert Schlangen
DVM, Inc.
MN Vikings Food Service
Daniel Herbst
Theisen Vending
Super Value Stores, Inc.
Jerry Thomas
Phillips 66 Co.
Dorola, Inc.
Crown Coco, Inc.
Sinclair Marketing
So. France Ltd., Inc.
Finaserve, Inc.
Holiday Stationstores
Thanom Keohauong
Harold F. Awe Co., Inc.
Mister Donut
MN Vikings Food Service
PDQ
Don Larsen
Perkins
Total Petroleum
Gateway Foods
Dick Stariha
Snyder Drug Store
Gary Stark
Superamerica
T-360 Target
Yocum Oil Company
Tom Thumb
DVM, Inc.
Walgreens
P. F., Inc.
Liquor Shoppe
Agenda Information Memo
December 18, 1990 City Council Meeting
1991 PARK & TRAIL DEDICATION
B. 1991 Park Dedication & Trail Dedications --At its regular meeting of December 6, 1990,
the Advisory Parks & Recreation Commission reviewed park and trail dedication
requirements for 1991. Attached on pagesthrough you will find a memorandum
from Parks & Recreation Director Vraa relative to the Commission's recommended action
in this regard.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or modify the Advisory
Parks & Recreation Commission's recommendation for park and trail dedications for 1991.
13 i • 1 b My I
TO: TOM HEDGES, CITY ADMINISTRATOR
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
!1 FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION
1"
J DATE: DECEMBER 10, 1990
RE: ADVISORY PARKS & RECREATION COMMISSION
RECOMMENDATIONS FOR PARK & TRAIL DEDICATION FEES FOR
1991
HISTORY:
The Parks & Recreation Commission annually reviews park dedication requirements for
recommendation to the City Council.
COMMISSION RECOMMENDATION:
The Advisory Commission recommended the following:
1. Trails:
2. Commercial/Industrial:
3. Residential:
Single Family
Duplex
Townhouse
Apartments/Multiple
Fees for 1991 remain the same as 1990.
Fees for 1991 remain the same as 1990.
1991 1990
$709
$685
$621
$600
$553
$535
$559
$545
The fees represented for 1991 are an increase of approximately 3-1/2%.
;L3
RECOMMENDATIONS
PAGE TWO
DECEMBER 10, 1990
DISCUSSION:
The Advisory Commission noted trail dedications had been enacted for less than one (1)
year. Without further evidence and history supporting a change in those fees, the
Commission reasoned that any rate adjustment would be premature. Therefore, the
Commission recommended that there not be any adjustment for 1991 for trails.
In regards to Commercial/Industrial park dedication requirements, staff felt that there had
been a softening in the market - or at least a slow down in activity. After reviewing other
community rates, along with the history of Eagan's dedication requirements for
commercial/industrial, the Commission reasoned that an increase in rates for this
classification was not warranted for 1991.
Relative to residential property, members noted that inflationary rate of 3-1/2% to 4% was
common throughout the area. Further, residential property was still reasonably strong. The
current Eagan land values for residential property are still somewhat below recent land sales
for residential development. In comparison to other communities, Eagan park fees
remained in a competitive position. A motion was offered to raise the residential formula
by approximately $500.00; this motion failed. The motion was re -directed to increase the
base by 3-1/2 percent. All members voted in favor.
FOR COUNCIL ACTION:
It would be appropriate for the City Council to review the Advisory Parks and Recreation
Commission's recommendation for park and trail dedication for 1991, and adopt or modify
those recommendations as may be appropriate.
KV/bIs
a-04
Agenda Information Memo
December 18, 1990 City Council Meeting
1991 PARKS & RECREATION FEES & CHARGES
C. 1991 Fees & Charges, Parks & Recreation --The Advisory Parks & Recreation
Commission also considered fees and charges for itsand
RChroughj
facilities for 1991 at their
meeting of December 6, 1990. Enclosed on pages r a memorandum
from Parks & Recreation Director Vraa and support material from Recreation Supervisor
Peterson relative to this item.
ACTION TO BE CONSIDERED ON THIS ITEM: To adopt or modify the recommended
fees and charges for our parks' facilities and programs as presented.
go -S
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
HONORABLE MAYOR AND CITY COUNCIL
FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION
DATE: DECEMBER 10, 1990
RE: ADVISORY PARKS & RECREATION COMMISSION
RECOMMENDATIONS - FEES & CHARGES FOR 1991
HISTORY:
At the December 6, 1990, Advisory Parks & Recreation Commission meeting, the
Commission members reviewed staff's proposal for charges regarding various recreational
program and facilities. A copy of that memorandum is attached.
COMMISSION RECOMMENDATIONS:
The Advisory Commission has recommended to the City Council adoption of the fees and
charges as contained within the staffs memorandum.
DISCUSSION:
Commission members noted that they had recently reviewed a schedule of fees and charges
for the use of City facilities in April, 1990. It was noted that some fees and charges had not
been adjusted within the last three years. In other areas, program costs increased supporting
an increase in program fees.
The Advisory Commission unanimously adopted the fees and charges and recommended the
same to the City Council for adoption in 1991.
KV/bls
a 0 c,
FEE TYPE
Parkland Dedication
Single Family
Duplex
Townhouse/Quad
ACFartments/Multiple
ommercial and
Industrial
Tra0way Dedication
Park Fees
Picnic Kit
Trapp Farm and
Thomas Lake Pavilions
(1)
Enclosed Shelter
Buildings (1)
Open Shelters
Extra Picnic Tables
(maximum of six)
Athletic Facilities/Shelters
Vie)
lds
Lights (if required) -
Tournaments
Building Cleaning
Restrooms/Bases/Field
Chalking
Maintenance Fee -Travel
Baseball
Concession Permit
(maximum of 3)
Community Rooms
Events
Profit and Fund
Raising
Chuckwagon Grill
Canopy
(1) Requires damage
deposit $100
PARKS AND RECREATION
1990 FEE
$685.00
600.00
535.00
540.00
.05/s.f. (to be
recommended by Park
Commission after 12-7-89
meeting)
$3.00/5.00
$50.00 per day
$35.00 1/2 day
$50.00 per day
$35.00 1/2 day
$15.00
$15.00
$35.00/field/day
$20.00/field/hour
$30.00/day
$15.00/reservation
$50 youth/team
$200 adult/team
$200.00
$35.00
$50.00
$25.00
$50.00/day
(2) Requires damage
ddeposit $150
:)_o-7
PROPOSED 1991
$3.00/5.00
$75.00 per day
$50.00 1/2 day
$75.00 per day
$50.00 1/2 day
$20.00
$20.00
$50.00/field/day
$25.00/field/hour
$50.00
$20.00
$60.00
$150-$300.00
$200.00
$50.00
$100.00
$25.00
$50.00
MEMORANDUM
TO: ADVISORY PARKS AND RECREATION COMMISSION
FROM: $DOROTHY PETERSON, RECREATION SUPERVISOR H
DATE: NOVEMBER 26, 1990
RE: FEES AND CHARGES SCHEDULE REVIEW
Background
In April of 1990, the Commission reviewed and recommended for adoption a schedule of
fees and charges for the use of City athletic facilities. That fee schedule was utilized for
19% programs and events.
Categories of athletic facilities and user groups were also established by the April action
of the Commission. One new user category was encountered in 1990.
Commission action in April requested an annual review of fees and charges. In that the
budget planning for the Department's adult softball leagues will begin shortly, it is
appropriate that the commission review the fees and charges at this time. A copy of the
adopted fee schedule and the category lists are attached.
Items for Discussion
• Fees for the use of most facilities have remained at the same level for three (3)
years or more. The softball tournament field rental fee has remained the same for
more than ten (10) years! The Department's fees, generally, are in the mid to low
range compared to other communities. (March 1990 survey attached)
• Youth tournaments: A week -end travel baseball tournament held in July of 1990,
required considerable Department support. Staff proposes a clarification of user
categories under Youth Tournaments that separates travel sports from in-house
programs.
• Fees charged for rental of pavilions, shelter buildings, sun shelters and community
rooms are included for the Commission's review at this time. These fees have
remained unchanged since first established in 1987.
Fees and Charges Schedule Review
November 26, 1990
Page 3
• Corporate Leagues Broomball and Soccer $35.00 to $50.00
Justification: The fee has remained the same for 4 or 5 years
The fee is aligned with that proposed for the Department's own
programs.
5. Select Teams: Soccer youth and adult increase $15.00 to $211.00
Justification: Teams in this category have a minor tie
to the City. Permits are issued space available; the fee
is in line with proposed increased per game bases for other sports.
Tournaments
Adult Sports: field or rink/day proposed increase $35.00 to $50.00
hour/lights proposed increase $= to $25.00
Justification: The fee has remained the same for more
than ten (10) years. The organizations conducting
tournaments are motivated to make a profit. The
proposed increase again addresses the special field/
rink preparations for tournaments.
Adult Tennis: Current fee $35/ct./day change to $50.002 cts./day
Justification: The hourly rate $2/hr./ct., and the
tournament rate need to be more closely aligned.
A typical tournament tennis reservation is for
twelve (12) hours/court or more. The daily fee is
cleaner to administer.
NT -W: Youth Tournaments
In House Sports No Fee
Travel Sports: baseball, soccer, softball
Reduced rate $35.00/field/day
Justification: Tournaments require on site $25.00/hr/lights
maintenance, generate trash and the restroom janitorial
tasks continue day long.
Rental Fee
Pavilions and shelter Buildings 1/2 day $35.00 to $50.00
Justification: The rental fee has remained the same full day $50.00 to $75.00
since 1987. The proposed fee more adequately addresses
Department costs which have risen each year while the
fees remained unchanged.
FEES AND CHARGES
APRIL 27, 1990
PAGE 2
Categories of Facilities:
Class A Baseball:
Fully fenced fields, in an athletic complex
Softball:
Fully fenced fields, in an athletic complex
Hockey:
Shelter building, two hockey rinks
Tennis:
Four or more courts, may be lighted
Soccer:
Full size, two or more fields, shelter building
Class B Ballfields:
Ag lime infield, no mound, open outfield, in a neighborhood
park or school site
Baseball:
Ag lime base paths, mounds, open outfield, at a school site
Hockey:
One hockey rink, small shelter
Tennis:
Two courts
Soccer:
Full size, two fields or less, portable restroom
Class C Ballfield: Grass infield, facility not programmed
Hockey: One hockey rink, warming house or trailer
Tennis: One court
Soccer: One field, 240' x 180' or smaller
Categories of Users:
I. Park and Recreation Department Programs
1.1 Adult sport leagues: eligibility is based on 'live or work" in the city.
Department Staff directs and administers the leagues (softball, hockey, tennis,
football, broomball)
a. Use class A facility
1.2 Youth programs: skating lessons, speedskating, tennis lessons and camps
a. Use Class A and B facilities
1.3 Adult programs: Tennis lessons, skating lessons
a. Use Class A and B facilities
2. Eagan High School, Dakota Hills Middle School Co -Curricular Activities
a. Use Class A and B facilities
4i.
FEES AND CHARGES
APRIL 27, 1990
PAGE 4
Proposed Fees and Charges:
1. Parks and Recreation Department Programs
1.1a Adult Sport Leagues (softball)
a. Administrative fee $45.00/team
b. Field Light fee $25.00/team
C. Maintenance fee $30.00/team
d. Facility improvement fee $25.00/one time fee
upon entry to the league
e. All other direct costs varies
1.1b Adult Sport Leagues (minor sports)
a. Administration fee $45.00
b. All direct costs varies
1.2 Youth Programs
a. Direct costs varies
1.3 Adult Programs
a. Direct costs varies
2. Eagan High School, Dakota Hills Middle School
a. No fees
3. Youth Athletic Association Programs
3.1
In-house
a. No fees
3.2
Travel Leagues
a. Minimal fees
1) Baseball $50.00/team
2) Soccer
3) Hockey
3.3
Independent
a. Reduced fees
1) Baseball $100.00 - $200.00
- 6-10 games $100.00
- 10+ games $200.00
3.4
RAAA, Mend -Eagan
a. No fees
3.5
4-H, Scouts
a. No fees
Proposed for 1991
$50.00
Same
$50.00
Same
$50.00
$60.00
Same
Same
$150 - $300.00
6 - 9 games $150.00
10+ games $300.00
FEES AND CHARGES
APRIL 27, 1990
PAGE 6
Adult Tennis: $35.00/court/day
Liability Insurance
Adult Broomball:
535.00/rink/day
$20.00/hour/Lghts
$50.00 shelter fee
Liability Insurance
Youth Tournaments: No Fee
ronosed for 1991
$50.002 ctQday
$50.00
$25.00
Same
NEW
Agenda Information Memo
December 18, 1990 City Council Meeting
PRELIMINARY PLATIDIFFLEY C MMON5 SIENNA CORPORATION
D. Preliminary Plat, Diffley Commons/Sienna Corporation, Consisting of a Total of 208
Units on Approximately 27.6 R4 (Multiple) Acres Located Along the North Side of Diffley,
East of Rahn Road in the Southwest Quarter of Section 20 --At its regular meeting of
November 27, 1990, the Advisory Planning Commission held a public hearing to consider
an application from Sienna Corporation for a preliminary plat entitled Diffley Commons
described above. The Advisory Planning Commission is recommending approval of this
application.
The Advisory Parks & Recreation Commission considered this item at its regular meeting
of December 6, 1990. At that time, the Commission determined that the proposal does not
meet the City Code requirements for recreational/open space for multi -family residential
development. The developer and builder have expressed an intent to work with City staff
in resolving these issues, but it appears unlikely that sufficient time is available to complete
this work prior to the December 18, 1990 City Council meeting. Therefore, the Advisory
Parks & Recreation Commission has requested that the item be continued until after the
January 10, 1991 Advisory Parks & Recreation Commission meeting. A mem9randum in
this regard from Parks & Recreation Director Vraa is enclosed on pages
For additional information relative to this application, pl a refer to the Community
Development staff report which is enclose, n pages.'2_�S through,'24�for your review.
Also enclosed on pages,2224hrough.2,.j are the Advisory Pl 'ng Commission minutes
for this item. Finally, enclosed on pages].22 ugh is a copy of a memorandum
from City Planner Sturm with respect to concerns raised at the public hearing, Parks &
Recreation Department's request for continuation, circulation of road access, and the
assumption of the primary development role for this project by Rottlund Homes.
ACTION TO BE CONSIDERED ON THIS ITEM: 1) To continue the preliminary plat for
Diffley Commons to the January 15, 1991 City Council meeting or 2) to approve or deny the
preliminary plat for Diffley Commons/Sienna Corporation as presented.
TO: TOM HEDGES, CITY ADMINISTRATOR
HONORABLE MAYOR AND CITY COUNCIL
FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION
DATE: DECEMBER 11, 1990
RE: RECOMMENDATION FOR CONTINUATION OF DHTLEY COMMONS
The Advisory Parks and Recreation Commission has recommended to the City Council that
the proposed Diffley Commons Plat be continued until after January 10, 1991.
At the December 6th meeting of the Commission, the Commission reviewed this plat
application. The proposal did not meet the City's code requirement for recreational/open
space for multiple residential development. Further, the developer was not present at the
meeting to review the proposal and address this item and other concerns for the
development.
Rick Packer, of Sienna Corporation, was previously notified of the Commission meeting and
was aware of the recreational space concerns. Mr. Packer was willing to review open space
alternatives. However, Sienna subsequently relinquished development responsibilities to
Rottland Homes. Staff has contacted Rottland Homes, who have indicated their intent to
work with staff on this issue.
Given the late date, it appears that there is insufficient time to resolve this issue at the staff
level prior to the December 18th Council meeting. Therefore, this item is requested to be
continued until after the January 10th Advisory Parks and Recreation Commission meeting.
KV/bls
cc: Dale Runkle, Director of Community Development
Shannon Tyree, Project Planner
SUBJECT: PRELIMINARY PLAT
DIFFLEY COMMONS
APPLICANT: SIENNA CORPORATION
LOCATION: PART OF P.I.D. #10-02000-010-51
EXISTING ZONING: RA (MULTIPLE)
DATE OF PUBLIC HEARING: NOVEMBER 27, 1990
DATE OF REPORT: NOVEMBER 16, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted by Sienna Corporation
representing Rottlund Homes requesting a Preliminary Plat for 208 multiple family dwelling
units on approximately 27.6 acres.
LOCATION: The site is located directly south of the Ken Appelbaum and Cedar Grove 7th
Additions, east of the remaining parcel #10-02000-010-51, north of Christ Evangelical
Lutheran Church and Diffley Road, and west of Northwestern Bell Telephone Company,
Cedar Grove Baptist Church, Rahn Villa Apartments, Rahn Road and Eagan On The Green
apartments. The proposed plat lies within School Districts 191 and 196.
COMP. PLAN: The proposed development is consistent with the Comprehensive Land Use
Guide Plan designation of D -III (Mixed Residential, 6-12 units per acre).
The subject property was part of Area M of the Multi -Family Residential Land Study.
Given the existence of a Planned Development Agreement governing development of this
site, Area M was removed from further consideration under this study by the City Council
at its June 4, 1990 workshop meeting.
PLANNED DEVELOPMENT: Diffley Commons will be located in the Eagan Hills West
Planned Development. The exhibits contained in the P.D. Agreement show a designation
of "high density, 16 + units/acre" for this portion of the P.D. Normally, a P.D. Amendment
would be required for a reduction in density such as is occurring with the Diffley Commons
development. However, the Eagan Hills West P.D. Agreement contains a provision that
states, 'less density shall be permitted at Developer's sole discretion", therefore no P.D.
Amendment is required in this case.
EXISTING CONDITIONS: The open grassy site has gently rolling hills which gradually
slope down to the north. There is a pond located at the southeast corner of the site.
SITE PLAN & CODE COMPLIANCE: The site plan indicates the total area is 27.6 acres.
Sienna is proposing ten 4 -unit buildings (quads), fifteen 8 -unit buildings, and four 12 -unit
buildings (condominium units) for a total of 208 units. The plat density is 7.5 units per acre.
Access to the site is provided from County Road 30 (Diffley Road). The applicant is
proposing a public street with a horseshoe type design and two cul-de-sacs stemming from
it. One of the access points lies directly across from Beaver Dam Road to the south to
create an intersection on Diffley Road. The second access point is located 576' west of the
access which is across from Beaver Dam Road. This second access was located as close to
the crest of the hill along Diffley Road as possible. Across Diffley Road is Christ
Evangelical Lutheran Church. The church has two access points along Diffley Road, as well
as one on Beaver Dam Road. The access points do not meet, but are offset. Dakota
County has expressed some concern regarding the spacing of proposed access points along
Diffley Road. The current proposal meets the existing County requirement at an 1/8 mile
of a mile, however the County will be approving new standards which will correspond to
their 20 -year plan. The County would like to see an additional 15' of right-of-way dedicated
with the project. This would provide for a median when Diffley Road is upgraded. The
additional 15' would increase the half right-of-way width from 60' to 75'. The proposed plan
could accommodate the additional right-of-way request and maintain the 50' setback
required for Diffley Road.
The City Code requires one enclosed, or underground garage space per unit and one
outdoor space per unit. The plan indicates 761 total parking spaces: 324 garage stalls (116
above City Code requirements) and 437 exterior parking stalls (229 above City Code
requirements). The project provides 345 parking spaces above the required 416 parking
stalls.
The buildings are all owner -occupied and meet exterior building code requirements for
multiple residential. The villa (8 and 12 unit buildings) are maintenance free brick and
aluminum siding and have upgrade shingles. The color of the buildings will be uniform. The
individual units range from 1,100 sq. ft. for the middle units to 1,200 sq. ft. for end units.
Each villa unit comes complete with appliances, central air, fireplace, and patio. The middle
units have single car garages; the end units have two car garages. The quad units are 1,350
sq. ft. with brick and aluminum siding. The two-bedroom units are all one level type with
double garages.
This project has been completed by the Rottlund Company in many other metropolitan area
communities such as Plymouth, Shoreview, Inver Grove Heights, Blaine, Brooklyn Park, and
Apple Valley. The projects have sold quickly in these communities, from eight to fourteen
months in Apple Valley.
LANDSCAPING: The landscaping plan conceptually is done very well. It provides for a
variety of over and understory plant material and year round color, however, recommend
tightening the spacing along Diffley Road and adding more material to provide better
screening.
PARKS & RECREATION: The proposal is within the Eagan Hills West Planned
Development. The P.D. Agreement indicates a sequential parkland dedication with the
incremental platting of the Planned Development.
GRADING/DRAINAGE/EROSION CONTROL: This plat provides for the grading of an
undeveloped area of the City that is located along the north side of Diffley Road between
Blackhawk Road and Rahn Road. The existing area of the plat has a maximum
differential in elevation of approximately 28'. The site is primarily an open field with
young trees and brush. Pond AP -35 is located in the south central part of the plat.
Pond AP -35 is a designated ponding area in the City's Comprehensive Stormwater
Management and Water Quality Management Plans.
The proposed grading will disturb the entire site except for the area around and including
Pond AP -35. The maximum change in grades as a result of the site grading will be
approximately 18' in the northeasterly portion of the site. The maximum street grades
within the site will be 2.5% and the street intersections with Diffley Road will meet the
City's design standards for grades of 2% or less.
Grading of the site will not significantly alter the drainage patterns as identified in the
City's Comprehensive Stormwater Management Plan. Drainage from the site presently
flows either into Pond AP -35, which does not have an outlet, or west into the existing
storm sewer system within Eagan on the Green. This system was originally designed to
accommodate limited flows from this site.
As part of this development, an outlet for Pond AP -35 will be provided. The outlet will
be designed in accordance with the City's Storm Water Management and Water Quality
Management Plans and will outlet into the existing storm sewer system within Eagan on
the Green.
In addition to site generated storm water flows, 5.0 acres from the easterly adjacent
property are included in the pond sizing requirements for Pond AP -35.
In addition to Pond AP -35, another pond is proposed to be constructed in the northwest
corner of the development. This pond will receive water from the northerly portion of
the development and provide partial treatment of waters to satisfy a part of the
development's water quality requirements. The outlet for this pond would be connected
to the existing storm sewer system within Eagan on the Green.
Surface water runoff from the southwesterly portion of this development will be directed
into proposed lateral storm sewer systems which will connect to the existing storm sewer
system within Eagan on the Green.
WATER QUALITY: The two ponds within the site as proposed will partially satisfy the
water quality requirements for the development.
Since water quality treatment for drainage areas from outside of the development (7.8
acres) is being provided for in Pond AP -35, which is within the development, staff
recommends that a credit equal to the outside drainage area be given to the development
for the shortage of treatment that is within the development. Staff is currently working
with the development to finalize the water quality requirements.
UTILITIES: Sanitary sewer of sufficient size, capacity, and depth is available within Rahn
Road and is proposed to be extended to serve the plat. In addition, a sanitary sewer stub
for the undeveloped land to the east is proposed. This stub along with the existing sewer
along the north side of Diffley Road will adequately serve the undeveloped area to the
east.
Water main of sufficient size and capacity is available on the west side of the plat and
along the south side of Diffley Road. Water pressures in this area of the City, which is
within the intermediate pressure zone, are relatively low. Staff recommends that all lateral
water main within the development be a minimum size of 8". In addition, staff
recommends that water main be extended to the northeasterly corner of the plat for
future extension through and looping of the undeveloped area to the east.
STREETS/ACCESS/CIRCULATION: Access to the plat is proposed in two locations
along Diffley Road. The easterly intersection will be directly opposite Beaver Dam Road
and is a potential site for a future traffic signal. Dakota County Highway Department is
reviewing access to the plat from Diffley Road and will provide comments in the future.
County personnel have indicated, during preliminary discussions, that the westerly access
will be restricted to right turn in and right turn out. They have also indicated a desire to
see a preliminary plat for the entire undeveloped area north of Diffley Road to better
assess all future traffic needs from the area.
Streets within the plat are proposed to be a combination of public and private. Based
on projected traffic volumes (1800-2000 ADT), City Code identifies the loop street be
classified as a low collector which would require either a 36' or 44' street width. Without
a proposed concept plan for the easterly adjacent property, traffic projections can only
take on the worse case scenario based on 16 units per acre. Approximately 20 acres @
16 units per acre yield an additional 2600 to 3200 trips per day. The remaining public
streets are proposed to be 32' wide which satisfies current City Code requirements.
Staff recommends that the loop street be widened to 44' at the Beaver Dam Road
intersection with Diffley Road. This width will allow for one lane of incoming and two
lanes of exiting traffic. If the County restricts access at the westerly entrance, the
additional width is not required at that location.
Private streets that will serve more than 4 units are proposed to be 24' wide and all other
private streets are proposed to be a minimum of 16' wide. Both of these widths meet
current City Code requirements.
RIGHT-OF-WAY/EASEMENTS/PERMITS: Right-of-way for public streets meeting current
City standards and utility easements of sufficient width based on depth of utilities are
required as part of the plat. In addition, drainage and utility easements for Pond AP -35
and the proposed pond in the northwest corner of the plat will be dedicated as part of
the plat.
The development will be responsible for ensuring that all regulatory agency permits
(MPCA, Minn. Dept. of Health, MWCC, Corps of Engineers, Dakota County Highway
Department, etc.) are obtained prior to final plat approval. In addition, a permit or
easement vacation will be required from ENRON Gas Pipeline Company for their
easement that crosses the plat.
FINANCIAL OBLIGATION - DIFFLEY COMMON
Based upon the study of the financial obligations collected in the past and the uses proposed
for the property, the following charges are proposed. The charges are computed using the
City's existing fee schedule and connections proposed to be made to the City's utility system
based on the submitted plans.
Improvement Project Use Rate Quantity Amount
Lateral Benefit 64 M.F. $23.38/ff 1196ff S27,962
Water Trunk
otal
127,962
PRELIMINARY PLAT CONDTI'IONS FOR DIFFLEY COMMONS ADDITION
1. These standard conditions of plat approval as adopted by Council action on July
10, 1990 shall be complied with:
Al, B1, B2, B3, B4, C1, C2, C4, C5, D1, E1, F1, G1, and H1.
2. Final landscaping plan shall be prepared on grading plan.
3. The project shall have an underground irrigation system.
4. All plant material shall meet City minimum standards.
5. The development is required to provide additional right-of-way for Diffley Road
as required by Dakota County.
6 • The development is required to provide storage volumes and ponding easements
for Pond AP -35 and the proposed pond in the northwesterly portion of the site
in accordance with requirements as identified in the City's Comprehensive
Stormwater and Water Quality Management Plans based upon final plat
development plans.
7. The development is required to provide water and sanitary sewer service stubs to
the easterly adjacent property.
8. The development is required to provide information relative to projected traffic
trip generation for the easterly adjacent property to ensure the appropriate street
surface width of the proposed loop public street.
STANDARD CONDITIONS OF PLAT ]APPROVAL
A. Financial -obligations
1. This development shall accept its additional financial
obligations as defined in the staff's report in
accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. rasements and RY hts-of-Wav
1. This development shall dedicate 10' drainage and utility
easements centered over all common lot lines and adjacent
to private property or public right-of-way.
2. This development shall dedicate, provide, or financially
guarantee the acquisition costs of additional drainage,
ponding, and utility easements as required by the
alignment, depth, and storage capacity of all required
public utilities and streets located beyond the
boundaries of this plat or outside of dedicated public
right-of-way as necessary to service this development or
accommodate it.
3. This development shall dedicate all public right-of-way
and temporary slope easements for ultimate development
of adjacent roadways as required by the appropriate
jurisdictional agency.
4. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water
elevation necessitated by City storm water storage volume
requirements.
C. Plans and Specifications
1. All public streets and utilities necessary to provide
service to this development shall be designed by a
registered professional engineer in accordance with City
codes, engineering standards, guidelines and policies.
2. A detailed grading, drainage, erosion, and sediment
control plan must be prepared in accordance with current
City standards prior to final plat approval.
3. This development shall insure that all temporary dead end
public streets shall have a cul-de-sac constructed in
accordance with City engineering standards.
STANDARD CONDITIONS OF PLAT APPROVAL
PAGE TWO
4. A detailed landscape plan shall be submitted on the
proposed grading plan. The financial guarantee shall be
included in the Development Contract and not be released
until one year after the date of installation.
S. All internal public and private streets shall be
constructed within the required right-of-way in
accordance with City Code and engineering standards.
D. Public horovements
1. If any public improvements are to be installed under a
City contract, the appropriate project must be approved
at a formal public hearing by Council action prior to
final plat approval.
E. Permits
I. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame
required by the affected agency..
F. Parks and Trails Dedication
1. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and
Recreation Commission and approved by Council action.
G. water Quality Dedication
1. This development shall be responsible for providing a
cash dedication in addition to/in lieu of ponding
requirements in accordance with the criteria identified
in the City's Water Quality Management Plan.
H.
Other
1. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by
Council action.
Advisory Planning Commission
Approved: _ August 25, 1987
Revised:
plataprv.con
LTS *2
City council
September 15, 1987
July 10, 1990
Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES
November 27, 1990
DIFFLEY CODONS - SIENNA CORPORATION
Chairman Graves opened the last public hearing for the evening
regarding a preliminary plat consisting of a total of 208 units on
approximately 27.6 R-4 (Multiple) acres located along the north side
of Diffley Road east of Rahn Road in the southwest quarter of Section
20.
City Planner Jim Sturm reviewed the staff report for the Planning
Commission. Mr. Sturm referenced that there were two access points
being proposed onto Diffley Road and that Dakota County had expressed
some concerns regarding the spacing of the proposed access points. He
felt that this was the major issue and wished to have the Planning
Commission provide direction to the City Council as to the
appropriateness of this double access.
Commissionmember Voracek asked what the extent of the entire
Planned Development Agreement was. City Planner Sturm explained that
there was additional property included in the PD lying north of
Diffley and east of this proposed plat.
Rick Packer of Sienna Corporation (applicant) stated that he was
available for questions and that the developer would prefer a 36 foot
street width with no street parking allowed. He said there were still
assessment and engineering issues that needed to be resolved prior to
final plat approval.
Paul Tranby, 1870 Jade Lane, asked what type of berming would be
provided between this development and the homes to the north. He
questioned the size of the units.
Bill Shep, 1862 Jade Lane, asked if any of the development would
be behind his home. He was told that it would not.
Roxanne Soderbeck, 1919 Cornelian, stated that this development
would add to the over -crowding at the schools and asked which
district the people would go to school in. City Planner Sturm stated
that the majority of the project was in the 196 School District and
that the City kept in close contact with the School to project
demographics.
Todd Stuts (Rotlund Homes) gave a brief project overview. He
described the exterior of the buildings as being brick and aluminum.
Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES
November 27, 1990
Chairman Graves asked if the City had made a determination as to
the final street width. Assistant City Engineer Mike Foertsch stated
that the City was unsure of the width and that the factors to be
considered would be based on the final density of the entire property
together with the County requirements.
Chairman Graves questioned the landscaping on the site. Mr. Stuts
explained that there would be white pines used as a buffer between
the property to the north. There was further discussion regarding the
price range of the units.
Chairman Graves asked why there was so much parking provided on
the site. City Planner Sturm explained that the Code requirements
usually fell short of actual parking needs and that this increased
parking was seen as a plus.
Chairman Graves asked the members of the Planning Commission to
comment on their opinion as to whether or not a second entrance onto
Diffley was appropriate. Commissionmember Voracek stated that he
would need some idea of what would eventually happen on the remainder
of the property. City Planner Sturm stated that another loop street
to the future east development was seen as a possibility but that
neither the developer nor the City foresaw any additional access onto
Diffley Road.
After discussion, Chairman Graves stated that it was the
consensus of the Planning Commission that it made more sense to have
a loop street with double access onto Diffley than a lengthy
cul-de-sac; for police and fire safety purposes.
Member Miller moved, Hoeft seconded, the motion to approve a
preliminary plat consisting of a total of 208 units on approximately
27.6 R-4 (Multiple) acres located along the north side of Diffley
Road east of Rahn Road in the southwest quarter of Section 20,
subject to the following conditions:
1. These standard conditions of plat approval as adopted by
Council action on July 10, 1990, shall be complied with: Al, B1, B2,
B3, B4, C1, C2, C4, C5, D1, E1, F1, G1 and H1.
2. Final landscaping plans shall be prepared on grading plans.
3. The project shall have an underground irrigation system.
Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES
November 27, 1990
4. All plant materials shall meet City minimum standards.
5. The development is required to provide additional right-of-way
for Diffley Road as required by Dakota County.
6. The development is required to provide storage volumes and
ponding easements for Pond AP -35 and the proposed pond in the
northwesterly portion of the site in accordance with requirements as
identified in the City's Comprehensive Storm Water and Water Quality
Management Plans based upon final plat development plans.
7. The development is required to provide water and sanitary
sewer service stubs to the easterly adjacent property.
8. The development is required to provide information relative to
projected traffic trip generation for the easterly adjacent property
to ensure the appropriate street service width of the proposed loop
public street.
All voted in favor.
ADJOURNMENT
Miller moved, Voracek seconded, the motion to adjourn the
November 27, 1990, Advisory Planning Commission meeting at 9:20 p.m.
All voted in favor.
Secretary - Eagan Advisory
Planning Commission
6- SENNA
CORPORATION
December 10, 1990
Mr. Jim Sturm
City Planner
City of Eagan
3830 Pilot Knob Rd.
Eagan, MN 55122
Re: Diffley Commons
Dear Jim,
Suite 608.4940 Viking Drive • Minneapolis, Minnesota 55435.612-835-2808
The purpose of this letter is to inform you that Sienna
Corporation will no longer be the developer of Diffley Commons.
This function will now be assumed by Mr. Todd Stutz of Rottlund
Company, who was to be the builder for the project. I am sure
you will find Todd an extremely competent individual and will
have no difficulty working with him to bring this proposal to a
successful conclusion. Please leave our escrow deposit in the
account, having Rottlund assume the balance by signing a new
escrow agreement thereby releasing Sienna from any further
obligations.
As always, your past and continued cooperation is greatly
appreciated. Should you have any questions, please do not
hesitate to contact me.
Very tru _ yours,
Rick Packer
Project Manager
cc: Gene Van Overbeke
Todd Stutz
Planners •
.• 1 . 1 I 1 I . .
,tors
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: JIM STURM, CITY PLANNER
DATE: DECEMBER 12, 1990
RE: DIFFLEY COMMONS ADDITION
At the November Advisory Planning Commission meeting, the Diffley Commons Preliminary
Plat consisting of 208 owner -occupied units on approximately 27.6 previously -zoned (high
density) acres within the Eagan Hills West Planned Development was approved
unanimously. A few citizens spoke that evening, most of them residing on Jade Lane (the
single family area to the north). It didn't appear that there was major opposition to the
project; they just desired more information. Two residents repeatedly stated they did not
feel the City was providing ample service to them, i.e. overcrowding the schools, not enough
park land, programs, etc.
The Advisory Parks & Recreation Commission is recommending to the Council that the item
be continued so further open space requirements can be studied. It would be best if the
Council referred the project back to the Advisory Parks & Recreation Commission and
possibly, the Advisory Planning Commission if a significant change occurred to the plat since
all legal notices stated it would be scheduled for the City Council meeting on December 18.
This was noted at the December 18 public hearing. Stephen Sullivan and I are meeting with
the applicant on Friday, December 14, to review the City's concerns. This site was originally
an area that was included in the City's Multi -family Residential Study, however it was
dropped for rezoning considerations. The pending proposal reduces the density from a
Planned Development approved 16 + units to less than eight units per acre. Therefore,
while recognizing the City's and adjacent landowners concerns, it is critical that the City work
with the applicant since a major reduction in units is being proposed.
Another major issue regarding this proposal is access on to Diffley Road. The County is
reluctant to allow a second access; it is their feeling that a secondary access should be
acquired through the single family area to the north, even if it means acquiring an existing
home, or to the west to Rahn Road. The Advisory Planning Commission strongly endorsed
the loop street concept, as proposed.
Originally Sienna Corporation was acting as the Project Manager for Rottlund Homes;
however, Rick Packer has recently informed me they would no longer be assuming this role.
Attached is a copy of his letter for your review. Planning staff has sent a new Escrow
Agreement to Rottlund Homes so there is no question who is responsible for the financial
obligations as this project continues.
If you would like additional information on this matter, please advise.
r ' Planner
JS/js
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