11/08/1990 - City Council RegularAGENDA
REGULAR MEETING
FAGAN CITY COUNCIL
FAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
NOMBER 8, 1990
6:30 P.N.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (SLUE)
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
A. PARKS & RECREATION DEPARTMENT
1. Resolution/Caponi Art Park Project
PIV. 6:55 - CONSENT AGENDA (PINK)
P72- A. PERSONNEL ITEMS
.2 B. RESOLUTION, Appointing a Director and Alternate Directors to the LOGIS Board of
PDirectors
,U, C. PROCLAMATION, Burnsville/Eagan Public Access Volunteer Day, November 17, 1990
D. CONTRACT 89-17, Acknowledge Completion/Authorize Final Payment, Northview Park Parking
Lot Construction
E. CONTRACT 89-20, Change Order/Authorize Final Payment, Athletic Lighting, Bridleridge
Park
�` SF -
F. LICENSE Off -Sale Liquor, Cheers Wine & Spirits/Change in Partnership
4'i3G. DESIGNATE Alternate Date for First Council Meeting in January
tR14 H. CONTRACT 89-10, Final Payment/Authorize City Maintenance (Well #15)
f.14 I. CONTRACT 89-16, Final Payment/Authorize City Maintenance (Coventry Pass, Sterns and
Country Hollow 2nd - Utilities)
jj J. CONTRACT 90-03, Final Payment/Authorize City Maintenance (Wells #2 & #6, Pump Repair)
K. CONTRACT 89-H, Acknowledge Completion/Authorize City Maintenance (Whispering Woods
4th - Streets & Utilities)
i� L. CONTRACT 89-Y, Acknowledge Completion/Authorize City Maintenance (Cliff Ridge Addition
p• - Streets & Utilities)
11D,I(, M. CONTRACT 90-08, Approve Change Order #1 (Sibley Terminal Industrial Park - Storm
1 Sewer)
N. CONTRACT 90-10, Approve Change Order #1 (Galaxie Cliff Plaza 2nd Addition - Streets
& Utilities)
\�0. CONTRACT 90-16, Receive Bids/Award Contract (Woodlands North Addition - Streets &
Utilities)
P. FINAL PLAT, Woodlands North Addition
Q' Q. CONTRACT 90-16, Approve Change Order 1#1 (Woodlands North Addition - Streets &
` Utilities)
R. VACATE Utility Easement, Receive Petitions/Order Public Hearing (Lot 6, Block 1,
Windtree 3rd Addition)
;�OS. CONTRACT 89-13, Change Order #3 (Cliff Road Water Treatment Plant)
���T. FINAL PIAT, Oaks of Bridgewater 1st Addition
Q V. 7:00 - PUBLIC HEARINGS (SALMON)
A. VACATE Public Right of Way, Wescott Garden Lots - Cedar, Rodger & Birch Streets
B. VACATE Public Right of Way, Thomas G. Slater Addition - Rusten Road
,�� C. PROJECT 466, Supplemental Assessment Roll, Lot 2, Block 1, Duckwood Crossing
VI. OLD BUSINESS (ORCHID)
p_ 3� A. SPECIAL USE PERMIT, U.S. West New Vector, Change in Conditions for Antennae Equipment
r S Building at Safari Reservior B. SPECIAL HUNTING PERMIT, Ronald G. Cornwell/5200 Willson Road, Mpls
VII. NEW BUSINESS (TAN)
A. SPECIAL USE PERMIT, Warren Dunlap/Cellular One Mobile Telephone Company, to Allow a
P` Temporary Antenna to be Located on Part of Government Lot *4 in the SE 1/4 of Section
21
P 5 7 B. SPECIAL USE PERMIT, Cub Foods, to Allow the Temporary Outdoor Sales of Mini -Donuts
1 in the Cub Foods Parking Lot
.S19C. VARIANCE, Water Heater Innovations, Inc., 3107 Sibley Memorial Highway, for a 14 Foot
Variance to 20 foot Sideyard Setback
P, D. REQUEST to Waive Sprinkler Requirements, Federal Land Company, Town Centre 100 - Fifth
Addition and Town Centre 100 - 8th Addition
�J E. CONDITIONAL USE PERMIT, Sick Kid Care, to Allow a Day Care Facility in a CSC
/ (Community Shopping Center) District Located Along Sibley Memorial Highway in the NE
1/4 of Sec 19
� ? P F. REZONING, Boyle Addition/Ron & Kathy Boyle, of Approximately Five Acres from AG (Agricultural) to an R-1 (Single Family) District and a PRELIMINARY PLAT Consisting
of Two Lots Located Along the South Side of Deerwood DRive in the SE 1/4 of Sec 22
GjC.� QG. PRELIMINARY PLAT, Best Brand Addition/Best Brands, Inc., Consisting of One Lot on . Approximately Seven Previously Zoned LI (Light Industrial) Acres Along the North Side
of Yankee Doodle Road and West of Highway 13 in the SE 1/4 of Sec 8
I� H. COMPREHENSIVE GUIDE PLAN AMENDMENT, Postal Facility/EHW Properties, Changing the Land
Use Designation from D -II (Mixed Residential), 0-6 Units Per Acre, to LB (Limited
Business) and a REZONING of Approximately 7.3 Acres from R-4 (Multiple) to LB (Limited
Business) for a United States Postal Facility Located Along the East Side of Johnny
Cake Ridge Road South of Diffley Road in the NW 1/4 of Sec 15
VIII. ADDITIONAL ITEMS (GOLD)
I%. 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: NOVEMBER 19 1990
SUBJECT: AGENDA INFORMATION FOR NOVEMBER 8, 1990 CITY COUNCIL
MEETING
After approval is given to the November 8, 1990 City Council agenda and the October 16,
1990 City Council minutes, the following items are in order for consideration.
PARKS &RECREATION DEPT APONI ART PARK PROJECT
A. Resolution/Caponi Art Park Project—The City has been actively cooperating with Mr,
Anthony Caponi in seeking methods of helping bring about the Caponi Art Park on
County Road 30. Preservation of the Caponi land is seen as an opportunity for the City
to enhance the quality of life for residents of the area and the region. Although the City
is not in a position to purchase the property or to financially contribute to the Art Park,
the City can and is willing to work toward the Art Park by enthusiastically supporting the
project and assisting in the design of the Park, promotion of a foundation to own/operate
the facility and encouragement of business' and individual benefactors to assist financially
with the Art Park.
A draft resolution supporting the Art Park is being prepared and will be distributed to the
Council as a part of the Additional Information packet on Monday.
ACTION TO BE CONSIDERED ON THIS ITEM: To adopt a resolution with or
without modification supporting Mr. Anthony Capon's efforts to establish an Art Park on
his property on County Road 30.
Agenda Information Memo
November 8, 1990 City Council Meeting
'l!STiA:,
There are twenty (20) items on the agenda referred to as consent items requiring one
motion by the City Council. If the City Council wishes to discuss any of the items in further
detail, those items should be removed from the consent agenda and placed under additional
items unless the discussion required is brief.
PERSONNEL ITEMS
A. PERSONNEL ITEMS:
Item 1. Basketball Scorekeepers --The City annually contracts with a person to keep score
during the adult basketball league games sponsored by the City of Eagan. Thirteen
applications were received for this contract position. It is the recommendation of Recreation
Supervisor Oyanagi that Paul Bedney be offered the contract as the basketball scorekeeper
and that Brian Mischke be offered the contract as the substitute scorekeeper for the
November, 1990 through March, 1991 adult basketball league season.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve contracting with Paul
Bedney as basketball scorekeeper and Brian Mischke as substitute for the November, 1990
through March, 1991 adult basketball league season.
RESOLUTIONILOGIS BOARD OF DIRECTORS
B. Resolution, Appointing a Director and Alternate Directors to the LOGIS Board of
Directors --The City of Eagan is a member of the Local Government Information Systems
Association (LOGIS). As a member, the City is required to appoint a director and alternate
directors to the LOGIS Board of Directors. This action must be taken in the form of a
resolution. Therefore, enclosed on page _2L_ is a copy of a resolution appointing Thomas
L. Hedges as director and Eugene VanOverbeke and Kristi Morast as alternate directors to
represent the City of Eagan on the LOGIS Board of Directors.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution appointing
Thomas L. Hedges as Director and Eugene VanOverbeke and Kristi Morast as alternate
directors to represent the City of Eagan on the LOGIS Board of Directors.
CITY OF EAGAN
RESOLUTION NO. 90-
A RESOLUTION APPOINTING A DIRECTOR AND ALTERNATE DIRECTORS
TO THE LOGIS BOARD OF DIRECTORS
WHEREAS, the City of Eagan is a member of LOGIS (Local
Government Information Systems Association) and;
WHEREAS, each member must appoint a director and alternate
director to the LOGIS Board of Directors;
NOW, THEREFORE, BE IT RESOLVED that Thomas L. Hedges is
appointed as director and Eugene VanOverbeke and Kristi Morast are
appointed as alternate directors to represent the City of Eagan on
the LOGIS Board of Directors.
Adopted by the City Council on this 8th day of November, 1990.
The motion for the adoption of the foregoing resolution was made by
, seconded by , and upon vote
being duly taken thereon, the following voted in favor thereof:
and the following voted against the same:
and the following were absent:
WHEREUPON, said Resolution was declared duly passed and adopted the
8th day of November, 1990.
STATE OF MINNESOTA)
COUNTY OF DAKOTA ) SS:
CITY OF EAGAN )
I, the undersigned, being the duly qualified and acting clerk of
the City of Eagan, Dakota County, Minnesota, hereby certify that
the above and foregoing Resolution No. 90- is a true and correct
copy of the Resolution as adopted by the City Council of the City
of Eagan on the 8th day of November, 1990.
E.J. VanOverbeke, City Clerk
3
Agenda Information Memo
November 8, 1990 City Council Meeting
PROCLAMAnONIPUBLIC ACCESS VOLUNTEER DAY
C. Proclamation, Burnsville/Eagan Public Access Volunteer Day, November 17, 1990 --On
Saturday, November 17, the Burnsville/Eagan Cable Commission and Cable TV North
Central will recognize the local public access volunteers who have contributed to public
access programming during 1990. Cable Coordinator Reardon has requested that this day
be proclaimed as the Burnsville/Eagan Public Access Volunteer Appreciation Day by.0-C
Mayors and Councils of both the cities of Eagan and Burnsville. Attached on pages S
through LkL is a copy of a memo from Cable Coordinator Reardon regarding the
proclamation and the activities which will take place on Saturday, November 17 and a copy
of the proposed proclamation.
ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim Saturday, November 17,
1990 as the Burnsville/Eagan Public Access Volunteer Appreciation Day.
�EAGAN
W
COMMUNICATIONS
Z COMMISSION
3830 PILOT KNOB ROAD, EAGAN, MN 55122-1897
co 612 454-6100
MEMO TO: CITY ADMINISTRATOR HEDGES, HONORABLE MAYOR EGAN AND EAGAN
CITY COUNCIL
PROS: CABLE COORDINATOR REARDON
DATE: OCTOBER 29, 3.990
SUBJECT: RESOLUTION PROCLAIMING NOVEMBER 17 AS BURNSVILLE/EAGAN
PUBLIC ACCESS VOLUNTEER APPRECIATION DAY
On Saturday, November 17, the Burnsville/Eagan Cable Commission and
Cable TV North Central will recognize all the local public access
volunteers that have contributed to public access programming in
1990. On behalf of the Cable Commission, I am requesting that this
day be proclaimed, by the Mayors and Councils of Burnsville and
Eagan, as the Burnsville/Eagan Public Access Volunteer Appreciation
Day. Please see attached resolution proclaiming as such.
Invitations will be sent to all volunteers inviting them to attend
an open house at the local access facility from 1:00 to 5:00 p.m.
on Saturday, November 17.
A special one hour program will be cablecast live on Public Access
Channel 33, from 4:00 to 5:00 p.m. The main emphasis of the
program will be to honor the public access volunteers, including
the presentation of six special awards. Five of the awards will be
presented to individuals who are recognized as having contributed
the most hours/programs in five separate categories, and the sixth
will recognize the winner of the Local Access PSA Contest. In
addition, anyone who has participated as a volunteer during the
last twelve months will receive a "Burnsville/Eagan Access
Volunteer" t -shirt.
In addition to the proclamation request, I an also requesting that
Mayor Egan, or his designee, be available to present one of the
awards to a recognized volunteer during the hour long program.
Please accept this as an official invitation to the open house and
the recognition/appreciation ceremonies.
If you have any questions regarding this memo or the event, please
do not hesitate to contact me.
S
BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY
November 17, 1990
WHEREAS, from November 1, 1989 to October 31, 1990, approximately
280 citizens have volunteered over ten thousand hours of their time
and energy to provide public access programming to the communities
of Burnsville and Eagan, resulting in over 625 hours of public
access programming and 400 productions, and
WHEREAS, public access programs provide the opportunity for the
citizens of Burnsville and Eagan to view programs for and about
their communities, which otherwise would not be provided, and
WHEREAS, these volunteers receive no compensation for their time
and energy spent, other than the occasional recognition by
appreciative viewers and citizens, and
WHEREAS, the Burnsville/Eagan Cable Communications Commission, in
cooperation with Cable TV North Central and their Burnsville/Eagan
local access staff, have decided to demonstrate their appreciation
by honoring all the 1990 public access volunteers, with the
Burnsville/Eagan Public Access Volunteer Appreciation Ceremonies
on November 17, 1990,
NOW, THEREFORE LET IT BE RESOLVED, that I, Tom Egan, Mayor of the
City of Eagan, do hereby proclaim Saturday, November 17, 1990, as
BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY
in Eagan,
AND, BE IT RESOLVED, that copies of this proclamation be displayed
in the local newspapers and the local access facility at 4155
Sibley Memorial Highway, Eagan, Minnesota, as evidence of our
esteem.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the City of Eagan to be affixed this eighth day of
November in the year of our Lord one thousand nine hundred and
ninety.
MAYOR
110
Agenda Information Memo
November 8, 1990 City Council Meeting
CONTRACT 89-17MNAL PAYMENT
D. Contract 89-17, Acknowledge Completion/Authorize Final Payment, Northview Park
Parking Lot Construction --Work has been completed for improvement Contract 89-17 which
was for the construction of6# parking lot, storm sewer and turf establishment at Northview
Park. Enclosed on page is a copy of a memorandum from Landscape Architect/Parks
Planner Sullivan regarding this contract.
AC'T'ION TO BE CONSIDERED ON THIS ITEM: To accept all materials and
workmanship for Contract 89-17 and to issue final payment to Alexander Construction in
the amount of $33,049.13.
I
MEMORANDUM
TO: TOM HEDGES, CITY AD TOR'
KEN VRAA, DIRECTOR OF PARKS AND RECREATION
FROM: STEPHEN SULLIVAN, LANDSCAPE ARCHIITEC UPARKS P INER
'e.
DATE: OCTOBER 30, 1990
RE: FINAL PAYMENT
I.C. 89-17
The scope of work for Improvement Contract 89-17 is for the construction of a parking
lot, storm sewer and turf establishment at Northview Park. Subsequent to the award of
the contract the scope was broadened via change order to include the parking lot at Fire
Station #3.
City staff has reviewed all work and found it within compliance of the obligations of the
contract.
The overall project cost is $317,203.70. This total is 6% over the approved contract total
of $297,886.43. Increased sod limits account for approximately 40% of the overage.
Staff's field evaluation of the disturbed areas recommended additional sod versus seed.
This is due to the high use patterns within the park and the visual consequence of the
seed option. Additional topsoil accounted for approximately 15% of the overage.
Northview Park simply did not provide us the estimated on-site topsoil volumes. The
remaining overage is the result of 8 other line items which have incremental increases
from the estimated quantities.
RECOMMENDATION
The City Council may consider the following recommendation:
1. To accept all materials and workmanship for I.C. 89-17. To issue final
payment to Alexander Construction in the amount of $33,049.13.
SS:cm
Agenda Information Memo
November 8, 1990 City Council Meeting
CONTRACT 89-201CHANGE ORDERfFINAL PAYMENT
E. Contract 89-20, Change Order/Authorize Final Payment, Athletic Lighting, Bridle Ridge
Park --The scope of work for Contract 89-20 which includes the implementation of lighting
for the hockey and free skating rinks at Bridle Ridge Park has been completed. Because
sod installation was deleted from the contract, it is necessary to approve a change order,
Change Order #1, for a reduction of $750. Enclosed on pages _LQ through /.')- is a copy
of a memo from Landscape Architect/Parks Planner Sullivan regarding the contract
completion and change order.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 for
Contract 89-20 for a reduction of $750, to accept all materials and workmanship for Contract
89-20 and to issue final payment to C.S.I. Electric in the amount of $1,100.
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
KEN VRAA, DIRECTOR OF PARKS AND RECREATION
FROM: STEPHEN SULLIVAN, LANDSCAPE ARCHITECT%PARKS PLANNER
DATE: OCTOBER 30, 1990
RE: CHANGE ORDER #1
FINAL PAYMENT
I. C. 89-20
The scope of work for Improvement Contract 89-20 is the implementation of lighting for
the hockey and free skating rinks at Bridleridge Park.
The request is for City Council approval of Change Order #1 and final payment of
$1,100.00 for I. C. 89-20. Change Order #1 is for a reduction in the contract amount of
$750.00 for the deletion of sod installation. City forces were working concurrently on the
hockey boards and undertook the turf establishment obligations of the contract. I have
provided you with a copy of the Change Order. The Contractor has fulfilled all other
requirements as defined within the construction document. City staff has inspected the
work and found it in compliance with the obligations of the contract.
The overall project cost is $36,250.00. This total is under the original contract amount of
$37,000.00 by approximately three percent.
Recommendation
The City Council may consider the following recommendations:
1. To approve Change Order #1 for I. C. 89-20. The original contract amount shall
be reduced by $750.00 to $36,250.00
2. To accept all materials and workmanship for I. C. 89-20. To issue final payment
to C. S. I. Electric in the amount of $1100.00.
SS/nh
Attachment
1�
CHANGE ORDER
PARKS AND RECREATION DEPARTMENT
CITY OF EAGAN
DATE: OCTOBER 28, 1990
CONTRACT: 89-20
PROJECT: BRIDLERIDGE PARK/ATHLETIC LIGHTING
CONTRACTOR: C.S. I. ELECTRIC
5241 WEST BROADWAY
MINNEAPOLIS, MN 55429
CHANGE ORDER #1
DESCRIPTION OF WORK:
This Change Order provides authorization for reduction in payment to the
Contractor for the materials and labor on items included with Improvement
Contract 89-20. Compensation shall be in accordance with the following line items:
1. 300 Square Yards sod @ $2.50/Square Yard
The Contractor did not need to provide and place sod on the disturbed areas
because of concurrent construction by City forces.
Deduct $750.00
CHANGE ORDER SUMMARY:
-Total Change Order (add) $ -0-
-Total Change Order (deduct) $ -750.00
-Total Change Order amount $ -750.00
-Original Contract Amount $ 37,000.00
-Net Change by Previous Change Orders $ -0-
-Contract Amount prior to this Change Order $ 37,000.00
-Total pending Change Order amount $ -750.00
-Revised Contract Amount $ 36,250.00
CHANGE ORDER #1
IMPROVEMENT CONTRACT 89-20
PAGE 2
AUTHORIZATION OF APPROVAL
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55123
Mayor
Thomas A. Egan
Date
E. J. VanOverBeke
Date
DISTRIBUTION
C. S. I. Electric Inc.
5241 West Broadway
Minneapolis, MN 55429
,Contractor
Clerk
Ken Vraa, Director of Parks and Recreation
Stephen Sullivan, Landscape Architect/Parks Planner
C. S. I. Electric
Agenda Information Memo
November 8, 1990 City Council Meeting
OFF -SALE LIQUOR LICENSUCHEERS WINE AND SPIRITS
F. License Off -Sale Liquor, Cheers Wine and Spirits/Change in Partnership --Cheers Wine
and Spirits Off -Sale Liquor Store has acquired a new partner, Russell Laughlin. The
establishment has applied to have Mr. Laughlin as a partner in their existing off -sale liquor
license. The Police have conducted the required background investigation of Mr. Laughlin
and find no reason to deny the application. Enclosed without page number is a copy of a
memo from Lieutenant Meszaros regarding the background investigation.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the off -sale liquor license
change in partnership for Cheers Wine and Spirits to include Mr. Russell Laughlin as an
additional partner.
ALTERNATE DATETIRST COUNCIL MEETING JANUARY, 1991
G. Designate Alternate Date for First Council Meeting in January --The first Tuesday in
the month of January, 1991, is New Year's Day, a legal holiday. Therefore, it wily be
necessary to designate another day as the regular Council meeting day for the first meeting
in January, 1991. It would appear that Thursday, January 3, 1991 would be an appropriate
substitute. The Council has in the past, designated the Thursday following the first Tuesday
as a meeting date when it has been impossible to hold the regular meeting on the first
Tuesday of the month. It would be inappropriate to designate the second Tuesday (January
8) as a Council meeting date because the Council traditionally has a special Council meeting
on the second Tuesday in January in order to interview applicants for the various advisory
commissions at the City.
ACTION TO BE CONSIDERED ON THIS ITEM: To set Thursday, January 3, 1991 as the
date for the first regular Council meeting in January, 1991.
Agenda Information Memo
November 8, 1990, City Council Meeting
APPROVE FINAL PYMT AUTHORIZE CITY MAINTENANCE
(WELL #15)
H. Contract 89-10, Approve Final Payment/Authorize City Maintenance (Well #15) --The
City has received a request for final payment from the Contractor along with a
certification from the consulting engineer that the installation of Well #15 has been
completed in accordance with City approved plans and specifications. All final inspections
have been performed by City personnel and this contract is now being presented to the
Council for final close-out.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 6th and final payment
to Layne Well Drilling, Inc., in the amount of $19,360.38 and authorize City maintenance
subject to appropriate warranty provisions.
APPROVE FINAL PYMT AUTHORIZE CITY MAINTENANCE
COVENTRY PASS STERNS & COUNTRY HOLLOW 2ND ADDITION
I. Contract 89-16, Approve Final Payment/Authorize City Maintenance (Coventry Pass,
Sterns & Country Hollow 2nd Addition - Utilities)-- The City has received a request for
final payment from the Contractor along with a certification from the consulting engineer
that the completion of utilities for the Coventry Pass, Sterns and Country Hollow 2nd
Additions have been completed in accordance with City approved plans and specifications.
All final inspections have been performed by City personnel and this contract is now being
presented to the Council for final close-out.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 8th and final payment
to Ceca Utilities in the amount of $44,515.70 and authorize City maintenance subject to
appropriate warranty provisions.
14
Agenda Information Memo
November 8, 1990, City Council Meeting
APPROVE FINAL PYMT/AUTHORIZE CITY MAINTENANCE
(WELLS #2 & 6 PUMP REPAIR)
J. Contract 90-03, Approve Final Payment/Authorize City Maintenance (Wells #2 & 6
Pump Repair) --The City has received a request for final payment from the Contractor
along with a certification from the consulting engineer that the completion of pump repairs
for Wells #2 & 6 have been completed in accordance with City approved plans and
specifications. All final inspections have been performed by City personnel and this
contract is now being presented to the Council for final close-out.
ACTION TO BE CONSIDERED ON THIS rMM: To approve the 3rd and final payment
to Keyes Well Drilling, Inc., in the amount of $836.88 and authorize City maintenance
subject to appropriate warranty provisions.
ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE
(WHISPERING WOODS 4TH ADDITION)
K. Contract 89-H, Acknowledge Completion/Authorize City Maintenance (Whispering
Woods 4th Addition - Streets & Utilities) --The City has received a request from the
developer to assume the perpetual maintenance responsibilities associated with the
installation of streets and utilities within the Whispering Woods 4th Addition. All final
inspections have been performed by City personnel and it has been determined that these
public improvements have been installed in accordance with City approved plans and
specifications and are ready for favorable Council action regarding perpetual City
maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 89-H (Whispering Woods 4th Addition - Streets & Utilities) and authorize the
initiation of City maintenance subject to appropriate warranty provisions.
Js
Agenda Information Memo
November 8, 1990, City Council Meeting
ACKNOWLEDGE COMPLETION AUTHORIZE CITY MAINTENANCE
(CLIFF RIDGE_ ADDITION
L. Contract 89-Y, Acknowledge Completion/Authorize City Maintenance (Cliff Ridge
Addition - Streets & Utilities) --The City has received a request from the developer to
assume the perpetual maintenance responsibilities associated with the installation of streets
and utilities within the Cliff Ridge Addition. All final inspections have been performed
by City personnel and it has been determined that these public improvements have been
installed in accordance with City approved plans and specifications and are ready for
favorable Council action regarding perpetual City maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 89-Y (Cliff Ridge Addition - Streets & Utilities) and authorize the initiation of
City maintenance subject to appropriate warranty provisions.
APPROVE CHANGE ORDER #1 (SIBLEY TERMINAL INDUSTRIAL PK)
M. Contract 90-08, Approve Change Order #1 (Sibley Terminal Industrial Park - Storm
Sewer) --During the installation of storm sewer facilities within the Sibley Terminal
Industrial Park, a water main was encountered at an elevation that was not anticipated
with previous review of as -built record plans. Subsequently, the water main had to be
reconstructed to a lower elevation resulting in additional unexpected costs to this contract.
(Add $3,749.79).
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to
Contract 90-08 (Sibley Terminal Industrial Park - Storm Sewer) and authorize the Mayor
and City Clerk to execute all related documents.
Agenda Information Memo
November 8, 1990, City Council Meeting
APPROVE CHANGE ORDER #1 (GALAXIE CLIFF PLAZA 2ND ADDN)
N. Contract 90-10, Approve Change Order #1 (Galaxie Cliff Plaza 2nd Addition - Streets
& Utilities) --Due to the developer's inability to obtain final plat approval for this
referenced subdivision within a time frame consistent with the City's schedule to award the
contract for the installation of the related streets and utilities, the completion date for this
contract has to be revised because it is no longer feasible to have all this work completed
prior to November 1, 1990. Therefore, this change order officially modifies the completion
date for substantial completion from November 1, 1990, to June 1, 1991, and final
completion/restoration from May 31, 1991, to July 15, 1991. There are no costs associated
with this completion date extension.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to
Contract 90-10 (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) and authorize the
Mayor and City Clerk to execute all related documents.
RECEIVE BIDS -AWARD CONTRACT WOODLANDS NORTH ADDN)
O. Contract 90-16, Receive Bids/Award Contract (Woodlands North Addition - Streets &
Utilities) --On October 12, 1990, formal bids were received for the installation of streets
and utilities to service the proposed Woodlands North Addition. These bids were
originally presented to the Council for consideration of contract award on October 16.
However, due to the fact that the final plat for this subdivision was not in order for formal
Council approval, consideration of awarding Contract 90-16 had to be continued until
November 8. If the final plat for the Woodlands North Addition is approved previously
under this agenda, it would be appropriate to award this public contract at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 90-
16 (Woodlands North Addition - Streets & Utilities) and award a contract to Brown &
Cris, Inc., in the amount of $323,826.60 and authorize the Mayor and City Clerk to
execute all related documents.
R
Agenda Information Memo
November 8, 1990, City Council Meeting
APPROVE CHANGE ORDER #1(WOODLANDS NORTH ADDN
P. Contract 90-16, Approve Change Order #1 (Woodlands North Addition - Streets &
Utilities) --This Change Order provides for the grading, gravel base and utility installation
within Trails End Road (formerly Kost Road) to accommodate the installation of streets
and utilities associated with the Woodlands North Addition. Originally, this work was to
be included as a part of Contract 90-12. However, those bids were rejected and the
contract was awarded. In order for the Woodlands North Addition to obtain utility service
and access, it is necessary to add that portion pertaining to Trails End Road to this
contract. Information relative to change order details will be presented with the
Additional Information packet.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order 90-16
(Woodlands North Addition - Streets & Utilities) and authorize the Mayor and City Clerk
to execute all related documents.
VACATE UTILITY EASEMENTIWINDTREE 3RD ADDN
Q. Vacate Utility Easement, Receive Petition/Order Public Hearing (Lot 6, Block 1,
Windtree 3rd Addition) --On September 4, this property owner requested a 4' Variance
from the 10' side yard setback from the west property line of this parcel. As a result of
the as -built survey of that lot with the existing house, it was discovered that the present
structure encroaches 2' into the existing 5' drainage and utility easement, along the east
property line. Subsequently, although the setback Variance request was denied, the
property owner is petitioning a request to vacate that portion of the utility easement that
his house presently encroaches upon. It would be appropriate to receive this petition and
schedule a public hearing to formally discuss this request.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a
portion of the utility easement (Lot 6, Block 1, Windtree 3rd Addition) and schedule a
public hearing to be held on December 6, 1990.
Agenda Information Memo
November 8, 1990, City Council Meeting
APPROVE CHANGE ORDER #3 (CLIFF RD WTR TREATMENT FACIILITY)
R. Contract 89-13, Approve Change Order #3 (Cliff Road Water Treatment Facility) --
During construction of the foundation walls, it was discovered that the original plans and
specs did- not include a section of the backwash tank facility to be waterproofed.
Subsequently, it is necessary to authorize a change order to expand the scope of the
foundation waterproofing to incorporate an additional 1670 sq.ft. (Add $6,603.)
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 to
Contract 89-13 (Cliff Road Water Treatment Facility) and authorize the Mayor and City
Clerk to execute all related documents.
Agenda Information Memo
November 8, 1990 City Council Meeting
FINAL PLATIWOODLANDS NORTH ADDITION
S. Final Plat, Woodlands North Addition --Documents concerning the Woodlands North
Addition final plat are currently being processed by the applicant and the Community
Development Department. If all items are completed and executed in time for next
Thursday's meeting, the application will be in order for approval. If not, a recommendation
will be made to continue this item. A copy of the final plat as it appears for filing at Dakota
County is enclosed on pages x2L through 2a for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the
Woodlands North Addition as presented.
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Agenda Information Memo
November 8, 1990 City Council Meeting
FINAL PLAT OAKS OF BRIDGEWATER IST ADDITION
T. Final Plat, Oaks of Bridgewater 1st Addition --Documents concerning the Oaks of
Bridgewater 1st Addition final plat are currently being processed by the applicant and the
Community Development Department. If all items are completed and executed in time for
next Thursday's meeting, the application will be in order for approval. If not, a
recommendation will be made to continue this item. A copy of the final plat as it appears
for filing at Dakota County is enclosed on page ]a for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Oaks
of Bridgewater 1st Addition as presented.
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Agenda Information Memo
November 8, 1990 City Council Meeting
VACATE PUBLIC RIGHT-OF-WAY
WESCOTT GARDEN LOTS
A. Vacate Public Right -of -Way, Wescott Garden Lots (Cedar, Birch & Rodger Streets)-
-On October 16th, City Council received a Petition from the affected property owners
requesting consideration of vacating portions of the following dedicated public rights-of-
way:
1. Cedar Street from Trails End Road to Elrene Road;
2. Rodger Street from Kost Road to Birch Street; and
3. Birch Street from Rodger Street to the west (Lot 4)
Upon receipt of this Petition, the Co cil scheduled a public hearing to be held on
November 8th. Enclosed on pages & ? is a map showing the location of the
areas to be vacated and their technics legal descriptions. All notices have been published
in the legal newspaper and sent to all potentially affected property owners and utility
companies informing them of this public hearing. As of this date, staff has not received
any objections to these proposed vacations. Enclosed on page _ L is a letter of
justification submitted by the representative of the developer explaining their request for
this vacation. Any public right-of-way and/or utility/ponding easements needed to be
retained by the City of Eagan as a result of vacating this public right-of-way are being
rededicated with the final plat of the Woodlands North Addition. Therefore, if for some
reason, the final plat for the Woodlands North Addition is not approved previously on this
agenda, it is recommended that this public hearing be continued until such time that final
plat has been approved providing for the replacement easements/rights-of-way.
ACTION TO BE CONSIDERED ON THIS ITEM: To close/continue the public hearing
and, if appropriate, approve the vacation of portions of public rights-of-way for Rodger
Street, Birch Street and Cedar Street as described authorizing the Mayor and City Clerk
to execute all related documents for recording.
021
EXHIBIT C
SKETCH OF -.,RIGHTS OF WAY TO BE VACATED
E'LY EXTENSION OF
N'LY UNE --
Lc
-SW CORN
'-NW CORNER
�O
CEDAR ST.
0,
GP
LOT 2
M
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LOT 3
LO
TO BE VACATED
LOT 1
OT 4/
S'LY EXTENSION -- "ElY �EXTEN ON
OF W' LY UNE �� OF SLY U E
i
BIRCH ST. R/W TO BE VACATED
o
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PREPARED OCTOBER 3. 1990
EXHIBIT B
DESCRIPTION OF RIGHTS-OF-WAY TO BE VACATED
All that part of the right-of-way of CEDAR STREET, as dedicated by WESCOTT GARDEN
LOTS, according to the recorded plat thereof, Dakota County, Minnesota, which
lies easterly of a line drawn from the northwest corner of LOT 29 BLOCK 4, said
WESCOTT GARDEN LOTS, to the southwest corner of LOT 29 BLOCK 1, said WESCOTT
GARDEN LOTS.
and
All that part of the right-of-way of RODGER STREET, as dedicated by WESCOTT
GARDEN LOTS, according to the recorded plat thereof, Dakota County, Minnesota,
which lies northerly of the easterly extension of the southerly line of LOT 4,
BLOCK 4, said WESCOTT GARDEN LOTS and which lies southerly of the easterly
extension of the northerly line of LOT 1, BLOCK 1, said WESCOTT GARDEN LOTS.
and
All that part of the right-of-way of BIRCH STREET, as dedicated by WESCOTT GARDEN
LOTS, according to the recorded plat thereof, Dakota County, Minnesota, which
lies easterly of the southerly extension of the westerly line of LOT 4, BLOCK 49
said WESCOTT GARDEN LOTS.
THE PLAT OF WESCOTT GARDEN LOTS WAS FILED FOR RECORD IN THE OFFICE OF THE DAKOTA
COUNTY, MINNESOTA, RECORDER ON MARCH 3, 1890, AS DOCUMENT NUMBER 14579.
W
BRW INC THRESHER SOUARE
October 3, 1990
Mr. Bruce Allen
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
700 THIRD STREET SOUTH MINNEAPOLIS, MINNESOTA 55415
RE: THE WOODLANDS NORTH
RIGHTS OF WAY VACATION REQUEST
Dear Mr, Allen:
PLANNING
TRANSPORTATION
ENGINEERING
URBAN DESIGN
PHONE 612 370.0700 FAX 612:370.1378
On behalf of Robert Engstrom Limited Partnership V, developer and future owner
of the lands to be platted as THE WOODLANDS NORTH, we hereby petition the City
of Eagan for formal vacation of the existing Rights -of -Way as described and shown
on Exhibits B and C of the attached PETITION TO VACATE. Portions of these
existing rights-of-way are embraced within the Lots proposed for townhome and
single family development, consistent with the preliminary plat package, which
has previously been approved by the City of Eagan.
Access from the Oberg property to Elrene Road is to be provided through OUTLOT
D as shown on the final plat, which is on the October 16, 1990, Council agenda
for final plat approval. Additionally, that portion of the existing right-of-way
of RODGER STREET lying within the 80 -foot right-of-way of ELRENE ROAD is to be
donated and dedicated as public road right-of-way by action of the final plat.
Please contact either me or Howard Kyllo, at Robert Engstrom Companies, if you
require anything further regarding this vacation request.
Respectfully Submitted,
BRW INC.
Keith E. Dahal, RLS
KED/ j a 1
cc: Howard Kyllo, Robert Engstrom Companies
Terry Herman, BRW, Inc.
Files: 5-9027, 3-9035_
AN AFFILIATE OF THE SENNETT RINGROSE WO:SFELD JARVIS INC GROUP
DAVID,' BENNETT RIN'5ROSE Rl;,HARD F WOLSFELD PETER E JARVIS THOMAS F CARROLL CRAIG A AMJNDSEN DONALD E HUNT MARY. G SWENSON
� JOHN 3 :, PILGRIM DA'-_ N ?ECKMANN DENNIS J SUTLIFF JEFFREY L BENSON RALPH C BLUM DAVID L GRA+•GARv i ERICKSON
MINNEAPOLIS DENVER PHOENIX TUCSON ST PETERSBURG SAN DIEGO
V
Agenda Information Memo
November 8, 1990 City Council Meeting
VACATE PUBLIC RIGHT-OF-WAY
THOMAS G. SLATER ADDITION(RUSTEN ROAD)
B. Vacate Public Right -of -Way, Thomas G. Slater Addition (Rusten Road) --On October
16th, the Council received a Petition from the developer requesting to vacate a previously
dedicated easement for roadway purposes for the cul-de-sac of Rusten Road presently
located within the Thomas G. Slater Addition. Upon receipt of that Petition, the Council
scheduled a public hearing to be held on November 8th, 1990. All notices have been
published in the legal newspaper and sent to all potentially affected property owners and
utility companies informing them of this vacation. As of this date, staff has not received
any objections to this Petition.
On September 18. 1990, the final plat for the Thomas G. Slater Addition was approved.
Adequate public right-of-way and utility easements were dedicated with that final plat to
accommodate all public needs previously provided by this separate easement document.
Enclosed on pagc532`3is a copy of the underlying roadway easement dedication
considered for vacation.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve the vacation of public roadway and utility easement within the Thomas G. Slater
Addition (Rusten Road) as described and authorize the Mayor and City Clerk to execute
all related documents for recording at the County.
3(
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Ref: Proposed Plat Of:
THOMAS G. SLATER ADDITION Sheet 1 of 2
DELMAR H. SCHWANZ
Uwe SURWYCAa. aac.
14750 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA 55(115 61!/4E3-17M
SURVEYOR'S CERTIFICATE
Proposed Vacation of the Following Described Easement:
Thomas G. Slater to the City of Eagan: A street and utility easement was
granted to the City of Eagan and dated October 14, 1986, recorded December
10, 1986 as Document Number 755712. It grants an easement over, under, across
and within property legally described as follows:
A permanent Right-of-way and utility easement-over—under,
across and within the circumference of a circle having a radius
of 60.00 feet, the center''of`which is described as follows:
Commencing at apoint on the east line of Lot 7, Slaters
Acres, said point being the intersection of the east line of
said Lot 7 and the westerly extension of the north line of Lot
1, Block 1, Norvin Oaks; thence+easterly along said extension
of Lot 1-, Block 1, a distance of'060.00 feet; thence northerly
parallellwith the east line of Lot 7, Slaters Acres, a distance
of 60.00 feet to the center of the circle.
Also, a permanent right-of-way and utility easement over,
under and across the following described property:
Beginning at a point on the east line of Lot 7, Slaters
Acres, said point being the intersection of the east line of said
Lot 7 and the westerly extension of the north line of Lot 1,
Block 1, Norvin Oaks; thence northerly along the east line of
Lot 7, Slaters Acres a distance„of 60.00 feet; thence easterly
parallel with the north line of Lot 1, Block 1, NOrvin Oaks 67.28
feet; thence southerly parallel with the east line of Lot 7,
Slaters Acres to the north line of Lot 1, Block 1, Norvin Oaks;
thence westerly along said.north line 22.72 feet to the most
northwesterly corner of Norvin Oaks; thence south 140.00 feet;
thence west 37.28 feet; thence north to the point of beginning.
The said Grantor hereby conveys, warrants and dedicates
to the said Grantee, its successors and assigns, for street and
utility purposes; together with the unrestricted right to improve
the same, the above described tracts of land, together with the
right to lay,.maintain, operate and repair utility lines over and
through said above tract, free and clear of all encumbrances,
except for restrictions, reservations and easements of record,
if any ...... etc.
The intention is to vacate the
entire easement recorded as Document
No.
755712
and rededicate all street right
of way and
easements as shown on the
plat.
I hersby oeffly that this survey, plan, or +�ww was
�.
prepared by tie or un(W my direct supowlwan and
that I ani a duty Registered Land Surreyor under
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the laws Of the State of Ml w*Wa.
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Mlt+nawft RootsttwPoe n No. IIWI
Agenda Information Memo
November S, 1990 City Council Meeting
PROJECT 466, PILOT KNOB ROAD
SUPPLEMENTAL ASSESSMENT HEARING
C. Project 466, Pilot Knob Road Supplemental Assessment Hearing (Lot 2
Duckwood Crossing) --On July 10, 1990, the final assessment hearing was held i
466 for the street and utility improvements associated with this County road upgrade.
With the adoption of that final assessment roll, all assessments were certified to Dakota
County. During that certification process, it was discovered that there was a data entry
error/mission in the preparation of the original assessment roll. The original pending
assessment for this property prior to its being platted as the Pondview and/or Duckwood
Crossing developments. had the assessment obligation calculated at the previous
Residential `Agricultural basis. With the replatting of the property, the upgrade of the
assessment obligation (Residential to Commercial) was handled through a waiver process
with the final plat with the understanding that the original underlying Residential
assessment obligation would then be levied with the final assessment roll for Project 466.
Unfortunately. this original underlying Residential assessment obligation was inadvertently
omitted from the assessment roll.
The second error resulted from a special agreement previously approved by the City
whereby certain final assessment obligations were to be reallocated from one parcel to
another. The end result of these two oversights amounts to $9,927.64 which should be
certified by the Council as a supplemental assessment to Project 466 in accordance with
the recommended procedures for correcting these types of errors.;'omissions.
All notices have been published in the legal newspaper and sent to the affected property
owner informing them of this supplemental assessment. The Public Works Director will
be available to discuss in further detail any questions pertaining to this assessment at the
hearing on November 8.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve the supplemental assessment for Project 466 (Pilot Knob Road) as it pertains to
Lot 2, Block 1, Duckwood Crossing. in the amount of $9,927.64 and authorize its
certification to Dakota County for collection.
3v
Agenda Information Memo
rp
November 8, 1990 City Council Meeting
y
CHANGE IN CONDITIONS FOR SPECIAL USE PERMIT
U.S. WEST NEW VECTOR/SAFARI RESERVOIR
A. Special Use Permit, U.S. West New Vector, Change in Conditions for Antenna
Equipment Building at Safari Reservoir --At its meeting of August 7, 1990, the City Council
approved a special use permit and lease for U.S. West New Vector to install facilities at the
Safari Water Tower and make various improvements necessary to service those facilities.
Among the conditions of the approval was a requirement that the access drive be six feet
in width. The improvements have been constructed in compliance with this condition.
Since the construction, U.S. West New Vector has brought forward information concerning
the equipment they anticipate using on the service drive. This includes service vehicles and
emergency generators which or exceed 6 feet in width. In order to accommodate service
vehicles, U.S. West New Vector is requesting a modification of conditions of their special
permit to allow expansion of the existing driveway from 6 feet to 10 feet thereby
accommodating their maintenance and emergency equipment with room to maneuver on the
curvilinear driveway.
Enclosed on page3_�througQ)'7 is correspondence from the applicant indicatin their
request an outlining the reasons for the modification. Also enclosed on pages
through are photographs of the maintenance building and service drive as it has been
constructed as well as equipment which may have to utilize the drive in the event of an
emergency. On pages �-through are cross sections and site plans in 'cating the
existing conditions and requested modifications for the site. Finally, on page _Vs a copy
of a letter received from Paul Thomas of Meritor Development, one of the affected property
owners.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a change in
conditions for the special use permit for U.S. West New Vector for the antenna equipment
building at Safari Reservoir.
�6
COPY
11 October 1990
Mr. Thomas A. Egan, Mayor
and Eagan City Councilmembers
c/o Mr. Eugene VanOverbeke, City Clerk
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: U S WEST NewVector Group, Inc. Cellular Telephone Facility at Safari Water
Tower Request to Change Condition on Special Use Permit from 6 Foot Wide
Driveway to 10 Foot Wide Driveway
Dear Mayor Egan and City Councilmembers:
As you may recall, the Council approved a Special Use Permit and lease for this
project at the August 7, 1990 City Council meeting. Since that time, the lease has
been finalized and executed and the site has been partially constructed. One of the
conditions for the Special Use Permit was that the driveway leading down to the door
of the equipment building be no wider than 6 or 7 feet. The driveway has been
constructed and is now 6 feet wide. I have attached a site plan that was part of the
building, permit packet.
I have been informed by U S WEST Operations personnel that a driveway with a width
of 6 feet severely impacts the useability of the site. A 6 foot wide driveway at this
location with retaining walls on both sides does not allow for vehicular access to the
service entrance of the equipment buildings. This is the same driveway and service
entrance that will be used by the City of Eagan to access your radio communication
equipment. Test equipment weighing up to 150 pounds needs to periodically be taken
into the building to adjust radio equipment. It is almost impossible, especially during
periods of icy or snowy conditions, for a person to carry this equipment down the
pathway as it now exists.
A more critical situations occurs during times of local emergency when a
power outage occurs. For these situations a portable generator needs to be transported
3(.0
Eagan Mayor and City Councitmembers
Page 2
to the entrance of the equipment building to provide auxiliary power for the facility.
The portable generator can only be moved with a vehicle. The City's police and fire
radios, if they are housed in this facility, would face the same logistic problems.
Our request is for the Council to reconsider the width of driveway and that a 10 foot
wide driveway be allowed that will provide for vehicular access to the entrance of the
equipment building. This is the minimum width required for vehicular access and is 2
feet narrower than our original request for a 12 foot wide driveway.
Sincerely,
DAHLGREN, SHARDLOW, AND UBAN, INC.
William R. Buell
Senior Consultant
Attachment
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NOV 01 90 16:16
November 11 1990
VIA FACBIXZLIE
Mayor Thomas Egan
City of Lagan
3830 Pilot Knob Road
Eagan, -MN 55121
: v s hest safari Reservoir site
Dear Mayor Egan:
P.2
Meritor Deveiopment corporation
805 West Travelers Trail
Burnsville, MN 55337
812/694-1900
AFMeritor
I understand U S Nest will be before the Eagan City Council on
Thursday, November 8, 1990, requesting permission to upgrade their
stro g to
oosition o the driveway.
i toms a of the Uk8 West®have facility onsthe
strong opposition
Safari water tower site.
I will not be available to attend the November eth Council Meeting.
Therefore, at this time, Meritor Development Corporation would like
to express its opposition to any changes being made at the U S west
facility. Please forward our comments to the rest of the Council.
U S west has not yet completed its facility, but I am concerned
about one item that has not been done as of this date. In the
memorandum dated August 2, 1990, from Jim Sturm to Tom Hedges, Item
#2 addressee the painting of the air conditioning units on top of
the proposed facility. If it was a condition of the special use
permit, I would like to see those air conditioner units painted as
soon as possible. The construction season is coming to a close
quickly, so there is a need to got these air conditioning units
painted as quickly as possible. A copy of the memorandum is
attached for your review.
Thank you for your attention and cooperation in this matter. If
you have any further questions or comments, please feel free to
call me.
Sincerely,
Paul Thomas, P.E.
Assistant Vice President
Enclosure
cc: Tom Hodges, City Administrator
Jim Sturm, City planner
X41
Agenda Information Memo
November 8, 1990 City Council Meeting
SPECIAL HUNTING PERMITIRONALD CORNWELL
B. Special Hunting Permit, Ronald G. Cornwell/5200 Wilson Road, Minneapolis --An
application has been received of Ronald Cornwell for a special permit for deer hunting with
bow and arrow from the date of approval through December 31 for the 92 acre property he
owns in the northeast quadrant of I -35E and Diffley Road. Enclosed on page is a copy
of the letter received of Mr. Cornwell that includes the names and vehicle licen a numbers
of the people to be authorized for hunting on this property.
At its meeting of October 16, 1990, the City Council continued this item to permit the
applicant to be present in the event that questions arose concerning this application. A copy
of the minutes of the October 16, 1990 Council meeting for this item are enclosed on pages
,S through :5?,4or your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request by
Ronald Cornwell for a special hunting permit for property he owns at I -35E and Diffley
Road for bow hunting of deer for the remainder of October through December 31, 1990.
L!,
Ronald G. Cornwell
Bieter Company
5200 Willson Road, Suite 201
Minneapolis, MN 55424
October 4, 1990
Mayor Thomas Egan & City Council
Cit., of Eagan
3E3C Pilot Knob Road
Eagan, MIN 53122
Dear Maycr Egan 6 Council Members:
1 a' the cu-ner of 92 acres located at 35E and Diffley and would
like to request a special permit for a party of four to hunt the
prc�eT-ry for deer during the Bow and Arrow season which opened
Se7zenber 15 and goes into December.
The names of the people in the party are: Darrell Hyndman, Ralph
Fre.:der.berg, Jude Freudenberg and Curtis Freudenberg. Their vehicle
license numbers are PGC 507, 189 ATM, 357 ATG.
Please send the permit to me at the address above.
Very truly yours,
Ronald G. Cornwell
RGC/pms
�9
Aye: 5 Nay: 0
SPECIAL HUNTING PERMIT/JERRY THOMAS
Mayor Egan introduced the item and City Administrator Hedges
added that Jerry Thomas of 4889 Pilot Knob Road, was requesting a
special permit for bow hunting for deer and occasional shotgun
hunting for geese on his property. Mr. Hedges said any shotgun
hunting would require the establishment of a special hunting season
by the City Council for the purposes of wildlife management and all
hunting would occur within dates established by the State.
Mayor Egan asked that Mr. Thomas provide all license numbers
of vehicles used in the hunting party and Mr. Thomas said the
hunting would only be done by family members.
Councilmember Gustafson pointed out that, if approved, this
would be the first wildlife management permit for firearms the
Council has authorized south of Highway 13. He said he was only
raising the issue as he had concerns about additional requests and
would prefer that these permits remain between Highway 13 and the
river.
Councilmember McCrea asked if the discharge of firearms could
be heard in surrounding housing area. Mr. Thomas said it was
possible, however, the sounds would be no louder than when homes
were being built, etc. Councilmember Pawlenty asked if there was
any chance that pellets would leave the Thomas property. Mr.
Thomas said that, unlike a rifle, shotgun pellets are scattered in
a burst over a shorter distance.
Gustafson moved, Egan seconded, a motion to approve a request
by Jerry Thomas for a special hunting permit for property owned by
Mr. Thomas and adjacent property the Diamond T Ranch leases from
John Brown for bow hunting of deer for the remainder of October
through December 31, 1990, and use of a firearm for purposes of
wildlife management. Aye: 5 Nay: 0
SPECIAL HUNTING PERMIT/RONALD CORNWELL
After introduction by Mayor Egan, City Administrator Hedges
said that this was a request from Ronald Cornwell, 5200 Willson
Road, Minneapolis, for a bow hunting permit for property owned by
the applicant in the City. There was no represenative present for
the applicant.
Councilmember McCrea said she not like hunting in the City but
thought applicants should at least be present to answer questions
thereby allowing the Council to get an impression of the integrity
of the applicant.
Mayor Egan questioned why the applicant had included the name
of the Bieter Company in his application considering the
relationship between that particular party and the City. He asked
'�So
whether this was an individual application or company application.
The Mayor then indicated he had concerns about safety as the
property is adjacent to the freeway. He asked City Attorney
Sheldon if the City faced any greater exposure or greater liability
in approving a hunting permit for acreage adjacent to the freeway
if because of the hunting an animal is "spooked" onto the freeway.
The City Attorney said that anytime an activity is licensed it did
not necessarily make the City a guarantor of that activity but the
City Council has the opportunity to get answers from the applicant
and to look into all those issues at the time of issuance of the
license. Mayor Egan also mentioned a negative escrow account
belonging to Bieter Company and asked the City Attorney if it were
appropriate to make payment of this account a condition of
approval. City Attorney Sheldon said the issue of City approval
would require a reasonable nexus to those things being asked for
and there would have to be a reasonable connection between the
negative escrow and the approval of the license.
Councilmember Gustafson said since this was an application
from an individual and not from a company. He said he did not
think it was necessary to require people to be present for an
application when the Council knows the person, knows the land and
has given permission previously for adjacent land. He said he did
not think the applicant was being treated fairly and he would
abstain from voting.
Councilmember McCrea said she thought the Council had the
right to ask for the personal presence of anyone requesting a
hunting license. She said she has been against the issuance of
hunting permits in Eagan and said it is important that the
applicant be present so they can understand how serious the Council
thinks granting this license is. The Councilmember said she would
move continuance and once again request the applicant to attend in
person.
Councilmember Pawlenty asked Councilmember Gustafson the basis
for his abstention. Councilmember Gustafson said he had never
heard before that it was a stated prerequisite for approval that
an applicant be present. He said other issues had been approved
without the applicants being there and only asked that all
applicants be treated equally.
Mayor Egan said he could think of any number of items where
the issue was continued because the applicant was not present. He
said at issue was the regulation of what could be considered a
potentially dangerous activity and an activity that has been
restricted with the exception of permits for special hunting uses.
Mayor Egan said it is generally assumed that the applicant will be
present for that type of use. In addition, Mayor Egan said that
staff had indicated to the applicant that he should be present.
Councilmember Pawlenty said that since staff had stressed the
importance of the applicant being present, he thought they should
be present. He said he would support a continuance. The
Councilmember then asked what distance an arrow could be shot.
5(
Councilmember Gustafson said that with a hunting bow, probably 100
yards.
Mayor Egan said he raised a bonafide safety issue which he
believed the Council had the right and obligation to raise
especially when it related to a 92 acre parcel of land adjacent to
I -35E and the potential for deer to run onto the freeway. He said
he had raised the issue and was satisfied with explanations that
had been given. However, the Mayor said he would support a motion
to continue.
McCrea moved, Wachter seconded, a motion to continue to the
November 8, 1990, regular City Council meeting a request by Ronald
G. Cornwell for a special hunting permit for property he owns for
bow hunting of deer from the date of approval through the end of
the season on December 31, 1990. Aye: 4 Nay: 1 (Gustafson)
SPECIAL USE PERMIT/PEACE REFORMED CHURCH
SALE OF CHRISTMAS TREES
As indicated in the approval of the agenda, this item was
withdrawn at the applicant's request prior to the meeting and,
therefore, no action was taken.
SPECIAL USE PERMIT/KNOB HILL PROFESSIONAL PARK
SALE OF CHRISTMAS TREES
Wachter moved, McCrea seconded, a motion to approve a special
permit application for Bill Brabec to allow temporary Christmas
tree sales at the northwest corner of Knob Hill and Pilot Knob
Road. Aye: 5 Nay: 0
VARIANCE/JOHN VAUGHN
After introduction by Mayor Egan, City Administrator Hedges
said that a 13' variance to the established side yard setback of
38' from the public right of way had been considered and approved
for Mr. Vaughn at the August 7 City Council meeting. Since that
time, Mr. Vaughn has reevaluated his requirements and is asking for
an additional 31.
Wachter moved, Gustafson seconded, a motion to approve a
variance for an additional three feet to the previously approved
variance of 13' to the established side yard setback of 38' form
public right of way for John Vaughn, 1670 Mallard Drive. Aye: 5
Nay: 0
PRELIMINARY PLAT/HELLER ADDITION
After introduction by Mayor Egan, City Administrator Hedges
said the item for consideration was a preliminary plat for the
Heller Addition, consisting of four lots on approximately 2.6 acres
of R-1 property, and the APC had recommended approval. Mr. Hedges
then pointed out two issues regarding aircraft noise guidelines
Agenda Information Memo
November 8, 1990 City Council Meeting
SPECIAL USE PERMIT117EMPORARY CELLULAR TELEPHONE ANTENNA
WARRREN DUNLAP CELLULAR ONE MOBILE TELEPHONE COMPANY
A. Special Use Permit, Warren Dunlap/Cellular One Mobile Telephone Company, to Allow
a Temporary Antenna to be Located on Part of Government Lot 4 in the Southeast Quarter
of Section 21 --An application has been received of Warren Dunlap on behalf of Cellular
One Mobile Telephone Company for a temporary antenna near the northeast corner of the
overpass of I -35E by Deerwood Drive. The temporary antenna is being requested to
alleviate an overload of the cellular phone network in the Eagan area until a permanent site
can be secured, approved and developed.
For additional information concerning this item, )tel to the C mmunity Development
Department's staff report enclosed on pages through for your review. Also
enclosed without page number are copies of p o ographs related to the application.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the request by
Warren Dunlap of Cellular One Mobile Telephone Company for a temporary antenna at
the northeast corner of the overpass of I -35E by Deerwood Drive.
53
SUBJECT: SPECIAL USE PERMIT
APPLICANT: WARREN DUNLAP
CELLULAR ONE MOBILE TELEPHONE COMPANY
LOCATION: 1S2S DEERWOOD DRIVE
EXISTING ZONING: A (AGRICULTURAL)
DATE OF PUBLIC HEARING: NOVEMBER 8, 1990
DATE OF REPORT: OCTOBER 22, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Special Use
Permit to allow a temporary 100' antenna located in the SW 1/4 of Section of 21 (P.I.D.
#10-02100-011-07.)
BACKGROUND: Cellular One of Minnesota is one of two cellular telephone companies
licensed by the FCC to provide cellular telephone service to the Twin Cities area. Cellular
One is in the process of building a cellular telephone network in the metropolitan area as
required by the FCC license.
COMMENTS: Due to growth in the cellular telephone customer base in the City of Eagan
and surrounding area, the need for a new cell in Eagan is severely overloaded in Eagan and
is generating hundreds of customer complaints. A temporary remedy for this overload is the
erection of a temporary cell site to partially relieve the existing system.
Cellular One has identified a location for a permanent cell site in Eagan (P.I.D. 10-02100-
010-50) and is in the process of securing the land and preparing plans. An application for
the necessary City approvals will be made in the near future. The temporary facility will be
put in place immediately upon City Council approval and will be removed once the
permanent site has been approved.
CONDITIONS:
1. This Special Permit shall become void upon approval of the permanent cell site
facility.
2. The tower shall not be in excess of 100' in height.
5
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Agenda Information Memo
November 8, 1990 City Council Meeting
SPECIAL USE PERMITrUMPORARY OUTDOOR SALES
CUB FOODS
B. Special Use Permit, Cub Foods, to Allow the Temporary Outdoor Sale of Mini -Donuts
in the Cub Foods Parking Lot --An application has been received of DuWayne Johnson on
behalf of Cub Foods to allow the temporary sale of mini -donuts in the Cub Food parking
lot at 1940 Cliff Lake Road. For additional information concerning this application,s -1� se
refer to the Community Development Department staff report enclosed on page , ,?,o •
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an application for
a special use permit for Cub Foods to allow the temporary sale of mini -donuts in their
parking lot as presented.
5 2
SUBJECT: SPECIAL USE PERMIT
APPLICANT: DUWAYNE JOHNSON
LOCATION: EAGAN CUB FOODS
P.I.D. #10-17780-010-01
EXISTING ZONING: PD (PLANNED DEVELOPMENT)
DATE OF PUBLIC HEARING: NOVEMBER 8, 1990
DATE OF REPORT: OCTOBER 22, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Special Use
Permit to allow the temporary sales of mini -donuts in the Cub Foods parking lot located at
1940 Cliff Lake Road.
COMMENTS: The applicant would like to sell the mini -donuts from 9:00 a.m. - 9:00 p.m.
every other Saturday and Sunday for an undetermined length of time. The operation is self-
contained in a van that will occupy a parking space in the Cub parking lot.
Depending on the location of the van, several health and safety issues need to be analyzed.
Generally, Saturday and Sunday are peak use days of the grocery store and the addition of
this outside sales will produce unsafe pedestrian activity in the parking and drive isle areas
of the stores parking lot.
If approved, this Special Use Permit shall be subject to the following:
1. Operation shall be limited to Saturdays and Sundays from 9:00 a.m. - 9:00 p.m.
2. Permit is valid until November 1991.
3. Sales area shall be clearly delineated and provide a sufficient amount of space to
keep customers out of available parking spaces and traffic lanes.
0�
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Agenda Information Memo
November 8, 1990 City Council Meeting
VARIANCE TO SIDE YARD SETBACK
WATER HEATER INNOVATIONS
C. Variance, Water Heater Innovations, Inc., 3107 Sibley Memorial Highway, for a 14 Foot
Variance to a 20' Side Yard Setback --An application has been received of Water Heater
Innovations, Incorporated of 3107 Sibley Memorial Highway requesting a 14' variance to the
established side yard setback of 20'. The setback variance would allow the placement of two
storage silos adjacent to the building to permit on-site bulk storage of plastic pellets used
in the manufacture of the company's product. For additional information on this item,
E
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e refer to the Community Development Department report on pages _(00 through
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 14'
from the established side yard setback of 20' for Water Heater Innovations at 3107 Sibley
Memorial Highway as presented.
51
SUBJECT: VARIANCE
APPLICANT: WATER HEATER INNOVATIONS, INC.
LOCATION: 3107 SIBLEY MEMORIAL HIGHWAY
P.I.D. #10-22480-020-01
EXISTING ZONING:
DATE OF PUBLIC HEARING:
LI (LIGHT INDUSTRIAL)
NOVEMBER 8, 1990
DATE OF REPORT: OCTOBER 24, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a 14' Variance
to the established side yard setback of 20'.
COMINIENTS: Water Heater Innovations, Inc. (WHI) is seeking a Variance to allow the
placement of two storage silos on the north side of the existing building leased from R.L.
Johnson. The silos will contain polybutylene and polyethylene which are plastic pellets that
the company melts down to manufacture the water heaters.
The silos will allow the company to maintain on-site bulk storage of the material. The
plastic will be transported to the site in a hopper truck and deposited directly into the silos.
Currently, the plastic is delivered on wooden pallets in 1,000 lb. corrugated cardboard
containers. Bulk storage will eliminate disposal of the empty containers, as well as the need
for maneuvering the cartons around the plant which produces safety problems for
employees.
If approved, this Variance shall be subject to the following:
1. Applicant will work with staff and provide additional landscaping on site.
2. All other applicable Ordinances are met.
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vestment your company will ever make. Most
of our customers find the payback period to be
less than a year, because of savings realized
through higher volume storage and purchase
capability, and more reliable availability of
materials.
Corrugated steel silo have been in use for over
forty years. They have proven to be the most
economical storage system for bulk materials.
A secure, durable storage system at a com-
petitive initial cost.
IMCS silos are precision made and double
caulked for sealed tight seams. All parts are
completely galvanized for long life, corrosion
resistance and a durability not available in all
steel silos. This is a top quality industrial silo,
made for industrial uses. Q0
A silo is only a part of the bulk materials handl-
ing system. IMCS offers a wide range of ac-
cessories and options to complete a system
that is made for your specific needs. We have
OSHA approved ladders, roof platforms and
catwalks. We also offer vacuum take -away
boxes and auger discharge systems. And
IMCS can provide expert service, with a fac-
tory trained crew that can install the entire
system on your concrete pad.
When you consider that thousands of dollars
can be saved each month by installing a bulk
storage system from IMCS, you must also
realize that those savings will come sooner by
getting your system installed and operational
as quickly as possible. Most of our systems
are installed within sixty days of the date we
receive the order.
Agenda Information Memo
November 8, 1990 City Council Meeting
REQUEST TO WAIVE SPRINKLER REQUIREMENTS
TOWN CENTRE 100 - FIFTH AND 81H ADDITIONS
D. Request to Waive Sprinkler Requirements, Federal Land Company, Town Centre 100 -
Fiflth Addition and Town Centre 100 - 8th Additions --A request has been received of
Ventana Development Corporation for a waiver to the building sprinkling requirements
under the uniform building code. The basis of the request is that the project has been final
platted in two phases, the first of which precedes modifications of the UBC requiring
sprinkling for buildings of this kind. The final platting of the second phase occurred
subsequent to the implementation of these requirements and, therefore, staff has indicated
to the developer that it is subject to the code as revised. For additional background on
staff's discussion of this mattgr with the developer, please refer to Chief Building Official
Reid's memo on pages through f, !�.
The developer is requesting that the Council acknowledge that the entire project was
commenced effective July 5, 1990 and predates implementation of new requirements of the
Uniform Building Code and, therefore, the sprinkler requirement be waived. For additional
information in this regard, please refer to two items of correspondence from the developer
which is enclosed on pages 40� through for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request by
Ventana Development Corporation to waive sprinkler requirements for the Waterford
Apartments located in Town Centre 100 - Fifth Addition and Town Centre 100 - 8th
Addition as presented.
M E M O R A N D U M
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: DOUG REID, CHIEF BUILDING OFFICIAL
DATE: OCTOBER 31, 1990
RE: WATERFORD APARTMENTS & THE 1988 BUILDING CODE
Following is a list of events that have taken place with regard to
the Waterford Apartment project and the applicant's request not to
provide the buildings with a fire sprinkler system.
1. The Waterford Apartment project has been submitted to the City
on and off for approximately two years.
2. On July 16, 1990, the 1990 State Building Code was adopted.
The requirement for fire sprinkler systems in the Waterford
Apartments is part of that Code.
3. The Eagan City Code requires compliance with the State
Building Code and is currently being updated to the 1990 State
Building Code by the City Attorneys Office. At present, it
requires compliance with the 1987 State Building Code.
4. The Ventana Corporation should have been aware of the
requirement for the fire sprinkler system as it is stated in
the 1988 edition of the U.B.C. which is adopted as part of the
1990 State Building Code and has been available since 1988.
Although the process for adopting the State Building Code can
be very lengthy, it is possible to track it and be aware of
the timing of its adoption.
5. After adoption of a new Code, the City generally allows a
grace period for development that has been in the planning
process. The length of time allowed has depended on the type
of project, how long information on the new codes has been
available to the public, and when the new code documents are
available for purchase.
6. In August 1990, the Ventaha Development Corporation contacted
Dale Runkle regarding the requirement for fire sprinkler
systems in all, or part, of the project. At that time, they
were informed that the two buildings proposed for the platted
lots could be built without the sprinkler system. The
remaining buildings would have to comply with the requirements
of the Code in effect at the time of permit issuance.
Although no date was set as a deadline for applying for the
first two permits, it was our understanding from the urgency
of their request that it would be within the month of August.
The next contact we had with Ventana was in mid-October when
James Stirton met with the Inspections Department to again ask
about deleting the fire sprinkler system from the project. At
this time, we informed him that we would still honor the
agreement to allow the first two buildings to be constructed
without the sprinkler system if the permits were issued by
November 9, 1990. We also informed him that we could not
approve the request for elimination of the sprinkler system on
the remaining buildings because by the time the platting was
completed, it would be too long after the July 16, 1990
adoption of the new Code to justify it. We discussed his
options as follows:
a. Request the council to approve issuance of the permits
for the remaining buildings immediately upon completion
of permit application submittal and prior to platting.
b. Request the Council to overrule the State Building Code
requirement.
C. Pick up permits for the first two buildings by November
9, 1990, building them as agreed, and build the remaining
units with the fire sprinkler system.
d. Discontinue the project.
It is the opinion of the Inspections Department that unless the
Council approved issuance of the permits for the remaining
buildings prior to platting, we should not allow those buildings to
be built without fire sprinkler systems. If the Council chooses to
do that we would like the following conditions placed on the
approval:
CONDITIONS:
1. The permits for the first two buildings must be paid for on/or
before November 9, 1990.
2. The permits for the remaining buildings must be paid for by
November 16, 1990.
3. The plat must be recorded by a date approved by the Council.
4. Construction of the remaining buildings must begin within 30
days of the final plat.
We would like the Council to understand that if there was a fire in
one of the buildings, and the question of why they were not
sprinklered came up, it would be their responsibility to provide an
answer to that question.
DR/ j s
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IVIrE�N�TA�NA�
October 30, 1990
Mr. Tom Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota
U.S.A. 55122-1897
Dear Mr. Hedges:
RE: WATERFORD APARTMENTS
TOWN CENTER 100 - FIFTH ADDITION
TOWN CENTRE 100- GTE ADDITION (PENDING}
Please accept this request that the City Council consider
and approve waiving of the sprinkling requirements, per
U.B.C. 1988, pertaining to the Town Centre 100 - 8th
Addition buildings, at its meeting of November 8, 1990.
Backaround
Ventana Development Corporation is the current developer of
the above 122 unit townhouse project. Since our involvement
in 1988, we have experienced a difficult development
climate, and the project has been delayed a number of times.
The high capital cost of construction for this type of
product has, for the most part, contributed to the delays.
At this time, despite the construction slowdown in the Twin
Cities, we have an opportunity to proceed with the project,
however, literal interpretation of City Ordinances will
require that we add sprinklers to four out of six buildings,
because the final plat, which is in proc*ss, has not been
finalized.
This setback will requira a major capital infusion which was
not planned, and will result in the demise of the project.
. 2
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Mr. Tom Hedges
City of Eagan
October 30, 1990
page 2
History
The following is a brief outline of the major development
events applying to the project as designed.
1. Preliminary plat approval Feb. 16, 1988
122 units in 6 buildings
2. Preliminary plat extensions June 6, 1989
3. Final plat approval
Town Centre 100 - 5th Addition Jan., 1990
(2 out of 6 buildings)
4. Final plat registered
Town Centre 100 - 5th Addition July 5, 1990
5. Construction escrows to city of Eagan
in the amount of $8,594 and Letter of
Credit in the amount of $60,093. July 51 1990
6. Application for final plat
Town Centre 100 - 8th Addition
(balance of 4 buildings) Sept. 12, 1990
St tement of Anneal
The above outline reveals our intent to proceed with the
project which is evidenced by the final platting, payment of
financial obligations and placement of Letters of Credit.
Between then and now we have been negotiating the financing
anticipating a construction start this fall. However, in
applying for the permits in August we were advised that
permits on only two buildings could be drawn as we had not
final platted the balance of the project. Subsequent to
further discussions with the City staff and not reaching a
positive resolution to our request for grandfathering, the
project has been put on hold. it has been confirmed that
the first two buildings are exempt from sprinkling, however,
the city administration feels that the permits for the final
four buildings could not be issued because the final
platting had not been completed.
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Mr. Tom Hedges
City of Eagan
October 30, 1990
page 3_
In principal, we are forced by ordinance to delay platting
due to the financial obligations arising out of the related
development agreement. If it had been known that the final
four buildings would be different from the first two, we are
confident that we would have final platted the total site in
,accordance with the preliminary approval.
in conclusion we wish to restate that it was our intention
to commence the project effective July 51 1990, and if the
City will acknowledge that the project had commenced at this
time then the building codes then in effect should apply to
this development. We are prepared to complete the final
Platting and pass all the required Letters of Credit
immediately as evidence of our intent to proceed. However,
if the grandfathering of the project is not achievable we
will reconsider proceeding with the project at this time.
We look forward to your favorable reply.
Yours very truly,
VENTANA DEVELOPMENT CORPORATION
PER.,
JS S. STIRTON,
VICE-PRESIDENT
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IVYE�N�TANA
November 1, 1990
Mr. Tom Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota
U.S.A. 55122-1897
Dear Mr. Hedges:
RE: WATERFORD APARTMENTS
Owm CENTzg 100 , 5TE & STA MDIT10NB
Further to our letter dated october 30, 1990 requesting City
Council's consideration of our appeal with respect to the
sprinklers in the buildings of the Oth Addition, we feel
that is imperative to point out some of the positive aspects
of the project and its potential impact on the City of
Eagan.
At this time the current economic climate has slowed, if not
stopped, residential construction throughout the -Twin
Cities, and while interest rates are not excessive, the
economies of developing rental housing is not attractive to
the investment and financial community. Despite this
negative condition, we would be in a position to construct
our project this year if we did not have the excessive
additional costs related to the sprinkler requirement.
The project will contribute to the well being of -the City
through the addition of jobs for the workforce and
construction suppliers, as well as provide a substantial
contribution to the tax base. Additional spending in Eagan
will also contribute to the well being and success of the
merchants in the City and in the immediate retail center.
Waterford Apartments is unique in its design in that it
integrates family style rental accommodation within the
urban/suburban development of the Town Centre F.U.D. It is
the first of its kind in the City, it is upscale in design
and because of its location we feel confident that it will
have a catalytic effect on the Town Centre Development.
. . 2
YPNpm DMoPMENT CORPORATION • 916 Gr�Ave" • %Sx9pep • ManNoba R3M ON4 . (2" 462-9W3
n�Q E+� b T nHl es- T -f
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£ 0 1 -Cl
Mr. Tom Hedges
City of Eagan
November 1, 1990
Page 2
We are further emphasizing the merits of the complex as we
are unable to proceed with the construction unless our
request is agreed to. Not only do we benefit from the
development, but as noted Eagan benefits to an even greater
extent.
Once again we thank you and the Council for your
consideration and cooperation.
Yours very truly,
VENTANA DEVELOPMENT CORPORATION
PER:
Yj
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JAMES S. STIRTON, S.ARCH.1 M.R.A.I.C.
VICE-PRESIDENT
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Agenda Information Memo
November 8, 1990 City Council Meeting
CONDITIONAL USE PERMIT( AYCARE FACILITY
SICK KID KARE
E. Conditional Use Permit, Sick Kid Kare, to Allow a Daycare Facility in a CSC
(Community Shopping Center) District Located Along Sibley Memorial Highway in the NE
Quarter of Section 19 --At its regular meeting of October 23, the Advisory Planning
Commission held a public hearing to consider a conditional use permit for Sick Kid Kare,
a division of Nursing Care Service Professionals Incorporated to allow sick child daycare in
a CSC (Community Shopping Center) district located at 3989 Sibley Memorial Highway in
property generally known as the Baskin Robbins building. The Commission is
recommending approval of the application.
For additional information concerning this application, please refer to the Commu ity
Development Department staff report which is enclosed on pages2Zthrough 2for
your review. Also enclosed on pages through is a copy of the Advisory Planning
Commission minutes in this regard.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use
permit for Sick Kid Kare to allow a daycare facility in a CSC (Community Shopping Center)
District located at 3989 Sibley Memorial Highway in the northeast quarter of Section o
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: SICK KID KARE
LOCATION: 3989 SIBLEY MEMORIAL HIGHWAY
(NE 1/4 OF SECTION 19)
P.I.D. #10-01900-011-07
EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER)
DATE OF PUBLIC HEARING: OCTOBER 23, 1990
DATE OF REPORT: OCTOBER 16, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Conditional
Use Permit to allow a sick child day care operation in a Community Shopping Center zoning
district. Day care is not listed as a permitted or conditional use in the CSC zoning district,
but the City has allowed this use by Conditional Use Permit for the CSC district in the past,
(i.e. Kinder Care on Krestwood Lane, New Horizon Day Care on Lexington Avenue and
Lexington Pointe Parkway.)
COMMENTS: Sick Kid Kare is a division of Nursing Care Service Professionals Inc. located
in Burnsville. This company has approached the owner of the 5,500 sq. ft. Baskin-Robbins
building as a potential tenant. The ice cream store is vacating soon to take over a new
facility and the proposed use will occupy approximately 2,500 sq. ft. of the building, the
remainder being occupied by the existing vacuum cleaner store. The center will be licensed
for 30 children with a daily average of 15-20.
Sick Kid Kare will provide both in-home and center -based day care. The Eagan site is the
first of five proposed locations throughout the metro area. The center -based care will be
for mildly ill children. More seriously ill children are referred to their in-home program.
The children served are cared for by registered nurses, teachers, and child care assistants
and the center will be licensed by the State Department of Human Services. Strict infection
control measures are employed to minimize transmittal.
The owner of the building plans to make some improvements to the property which will
include a uniform signage band, sandblasting the building, treating the sidewalk, and
installing wood trim along the roof line. The building has several service doors that need
painting and there is room for some landscaping along the rear and east side of the building.
-�a
FINANCIAL OBLIGATION - 19 -CU -17-9-90 - SICK KID E:
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
None $0
If approved, this Conditional Use Permit shall be subject to the following:
1. All state and county health department requirements shall be adhered to.
2. Improvements to the building and adjacent areas as stated in this report shall be
made within one year of approval.
3. Signage shall comply with all Sign Code requirements and shall be subject to a
one-time sign fee of $2.50 per sq. ft.
4. All other applicable City Codes.
�,3
tarnticE tmiVg:
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B�u-DE'�NE DRrVF
Page 4 EAGAN ADVISORY PLANN-'Atr.''COMMISSICig'*-XIM"ES
October 23, 1990
Miller moved, Voracek seco
tion to recommend denial of
a Comprehensive Guide Plan aim t change in the guided uses of
approximately 9 acres from D -III (Mixed Residential - 6-12 units per
acre) to D-1 (Single Family Residential - 0-3 units per acre) for
property located west of I -35E south of LeMay Lake in the northwest
and southwest quarters of ...S.O.ction 10. Miller and Voracek voted for
the notion; Hoeft, Graves,=and Gorman voted against.
The notion failed.
Trygg moved, Gorman seconded,
.tbe not-i4pn to recommend approval of
a Comprehensive Guide Plan am.40'�...mft.ez*L''X''6ff-
nt the guided uses of
approximately 9 acres from 6* i-1-1 : '. : t,'�":O"esidential - 6-12 units per
acre) to D -I (Single ]Famii'*y*"'*""'..R..esiii"6"i'i."'i'al - 0-3 units per acre) for
property located west of 1-35E south of LeMay Lake in the northwest
and southwest quarters of Section 10 for the following reasons:
1. The present density in the area was too high.
2. Multi Residential .....01opment would have an adverse impact
on the traffic and roa*d*s"::':'*j rea.
3. Multi Family Residential
..4,YP-Ppment would have an adverse
impact on LeMay Lake.
Hoeft, Graves, Merkley,.*':...
and Gorman voted for the motion;
Miller and Voracek voted against. The notion passed.
Trygg moved, Gorman seconded, the motion to approve a rezoning of
property located west of I -35E south of LeMay Lake in the northwest
and southwest quarters of (Townhouse Residential)
and R-4 (Multiple Resident]; *"W".I.,:):..':::::.-tI q*i:--:A�1::::::$ingle Family Residential).
Hoeft, Graves, Merkley, Trygg and Gormanypted for the notion; Miller
and Voracek voted against. The moti**')'*':pas6".
Voracek stated that he felt t"t the"."I'-3 and R-4 combination was
inappropriate but so was the R-1 zoninq**::::He felt there was room for
different options. Member Miller mirrored Member Voracek's comments.
-CONDITIONAL 'UBE TERNIT - BICR XID CXRZ t.
Chairman Graves opened the next clic hearing of the evening
regarding a conditional use permit to a...bw a day care facility in a
CSC (Community Shopping C*;hlocated along Sibley
Memorial Highway in the nortt"ii�."4ibi t:::.- #f Section 19.
7's
Page 5 - EAGAN ADVISORY PLAW.ING commISSICK.'MINUTES
October 23, 1990
City Planner Jim Sturm rev¢ro$#:::'istaff report for the Planning
Commission.
John Fitzgerald (representing the applicant) stated he was
available for questions. Member Trygg asked if an outdoor play area
was needed for this type of fc33t1r.,..The..applicant stated no.
Member Merkley asked for a brig :oveivj:ew of the application. The
applicant described how the center:x-*would handle non -serious
illnesses.
::: :: ecoi i d
..::'::::::the motion to approve
Miller moved, Voracek::a
conditional use permit to allow'day carefacility in a CSC (Community
Shopping Center) district located along Sibley Memorial Highway in
the northeast quarter of Section 19, subject to the following
conditions:
1. All state and countv.:::;health department requirements shall be
adhered to.
2. Improvements to the bu�:�ding:,:and*mdjacent areas as stated in
this report shall be made within;::n:::year of approval.
3. Signage shall comply with all sign code requirements and shall
be subject to a one-time sign fee of $2.50 per square foot.
4. All other applicable
-y
4. be complied with.
All voted in favor.
BOYLE ADDITION - li& AND :*ATSY BOYLE
Chairman Graves opened the next public hearing for the evening
regarding a rezoning of approximately five acres from AG
(Agricultural) to an R-1 (Single Family) district and a preliminary
plat consisting of two lots located along.:the south side of Deerwood
Drive in the southeast quarter of Secti6�i:22. City Planner Jim Sturm
reviewed the staff report for the Plannifi4:'Commission and stated that
an additional condition regarding recording the
document showing shared driveway. a~o s :tid%:tiie site.
7 (P
Agenda Information Memo
November 8, 1990 City Council Meeting
REZONINGMOYLE ADDITIONS'PRELIMINARY PLAT
F. Rezoning, Boyle Addition/Ron and Kathy Boyle, of Approximately 5 Acres from AG
(Agricultural) to an R-1 (Single Family) District and a Preliminary Plat Consisting of Two
Lots Located along the South Side of Deerwood Drive in the Southeast Quarter of Section
22 --At its regular meeting of October 23, 1990, the Advisory Planning Commission held a
public hearing to consider an application for rezoning of approximately 5 acres from an
agricultural to a single family district and a preliminary plat consisting of two lots for Boyle
Addition.
For additional information concerning this application, please refer to a memo from the City
Planner enclosed on a e "a an the Community Development staff report whic is
enclosed on pages through for your review. Also enclosed on pagei;is through UL are Advis ry Planning ommission minutes related to this item. The
unanimously recommending approval of this application with the addition of two conditions:
#6 stating that a shared driveway agreement will be recorded with City and County when
the Boyle home is sold and #7 Lot 1 will be 60 feet wide at the right-of-way line.
Financial obligations in the amount of $13,668 have been identified for this project.
The Advisory Parks and Recreation Commission will be discussing this item at their
Thursday, November 1, 1990 regular meeting. Any approval of this item should include the
conditions as recommended by the Advisory Parks and Recreation Commission.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the rezoning of
approximately five acres from AG to R-1 and a preliminary plat consisting of two lots for
a Boyle Addition located along the south side of Deerwood Drive in the southeast quarter
of Section 22.
X1 1
M E M O R A N D U M
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: JIM STURM, CITY PLANNER
DATE: OCTOBER 25, 1990
RE: BOYLE ADDITION
At the Advisory Planning Commission meeting on October 23, the
Rezoning of approximately five acres from an AG (Agricultural) to
an R-1 (Single Family) district and a Preliminary Plat consisting
of two lots were approved unanimously. Two additional conditions
were added to the staff report: #6 stating that a shared driveway
agreement will be recorded with the City and County when the Boyle
home is sold, and #7, Lot 1 will be 60' wide at the right-of-way
line. There was very little discussion on these items and there
was no one from the audience in attendance.
If you would like additional information, please advise.
City Planner
JS/j s
CC: Dale Runkle, Community Development Director
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SUBJECT: PRELIMINARY PLAT & REZONING
(BOYLE ADDITION)
APPLICANT: RON & KATHIE BOYLE
LOCATION: SE 1/4 OF SECTION 22
P.I.D. #10-02200-011-86
EXISTING ZONING: AGRICULTURAL
DATE OF PUBLIC HEARING: OCTOBER 23, 1990
DATE OF REPORT: OCTOBER 16, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Rezoning and
Preliminary Plat of the Boyle Addition which includes approximately five acres of
Agriculturally -zoned property. The zoning change proposed will be to R-1 (Single Family)
residential with the proposed Preliminary Plat including one 2 -acre lot, one 2.7 -acre lot and
.3 acres of proposed street right-of-way. The City Code does not allow the creation of
Agricultural lots under five acres in size. Therefore, a Rezoning to Single Family residential
must accompany this Preliminary Plat. The proposed R-1 zoning is consistent with the
Comprehensive Land Use Guide Plan designation of D-1 (Single Family) with a density of
0-3 units per acre.
BACKGROUND: The applicants currently have a home on the 5 -acre parcel in question.
However, due to a job transfer, the Boyles have relocated to Littleton, Colorado and this
situation has made the sale of their home a necessity. The Boyles would like to split their
lot so they can sell the existing home while maintaining ownership of the newly -created lot
so they can eventually move back to Eagan and build a new home on this property. The
Boyles anticipate a move back to Minnesota in approximately two years.
EXISTING CONDITIONS: Currently, there is 330' of frontage on the yet to be improved
Deerwood Drive. The "stove pipe" Lot 2 of the proposed Preliminary Plat will contain an
existing driveway that serves the house located on proposed Lot 1 and must be 60' wide.
COMMENTS: The proposed plat will create two lots. Lot 1 will be two acres in size and
have the existing house and 280' of frontage and Lot 2 will be a "stove pipe" configuration
with a 50' width at the street and a total area of 2.7 acres. The City Code requires a
minimum width of 60' at the street. All other R-1 setbacks and requirements are met.
"�9
The existing home has an on-site well and septic system which will be allowed to continue
as long as both systems operate properly. However, when development occurs on Lot 2,
City utility installation will be required.
Parks & Recreation staff has recommended cash park land and trailway dedication for Lot
2, Block 1, to the Advisory Parks & Recreation Commission.
GRADINGIDRAINAGE/EROSION CONTROL: No grading is proposed with the
preliminary plat. The erosion control requirements associated with the development would
be limited to those required as a part of the home construction on the proposed lots.
WATER QUALITY: The proposed development is located in the drainage district tributary
to Pond JP -8. Pond JP -8 is a designated ponding area in the City's Comprehensive Storm
Water Management Plan and has a classification of Scenic/Recreation identified in the
City's Comprehensive Water Quality Management Plan. The development will be
responsible for a cash dedication in accordance with the requirements identified in the
City's Comprehensive Water Quality Management Plan. The cash contribution amount
will be based on final plat areas and dimensions. It is estimated at this time that the cash
dedication will be based on a wet pond volume requirement of 0.5 acre/feet, and a
minimum ponding surface area of 0.25 acres.
UTILITIESISTREETS;'ACCESSIPERNIITS: Sanitary sewer service, water main service and
storm sewer have not been provided adjacent to the proposed site. The utilities are
existing at the extreme northwesterly corner of the proposed development.
At this time, it is not recommended that Deerwood Drive be extended across the northerly
boundary of the proposed development. It is uncertain as to the alignment that Deerwood
Drive will take when the northerly adjacent property develops.
Staff recommends that the development be responsible for executing the appropriate
waiver which would ensure the City that the proposed development would pay its share
of the cost of the public infrastructure facilities if and when they are constructed.
The development is responsible for obtaining all regulatory agency permits in the time
frame as required by the affected agency.
�'u
FINANCIAL OBLIGATION - BOYLE ADDITION:
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following charges are proposed. The charges are computed
using the City's existing fee schedule and connections proposed to be made to the City's
utility system based on the submitted plans.
Improvement Project Use Rate Quantity
Water trunk S.F. $1,450/A 4.7022 A $6,818
Storm Sewer Trunk 473 S.F. .056/S.F. 122,328 S.F. 6,850
TOTAL $13,668
In addition to above developer shall execute agreement allowing for the future assessment
of Deerwood Drive and future utility extensions needed to serve the property. (See
attached as example)
BOYLE ADDITION CONDITIONS:
1. These standard conditions of plat approval as adopted by Council action on July
10, 1990 shall he complied with:
A], Bl, B3, C1, C'2, Dl, E1, Fl, G1, and H1.
2. When development on Lot 2 occurs, City utility installation shall be required.
3. The development is responsible for providing a cash dedication in accordance with
the requirements as identified in the City's Comprehensive Water Quality
Management Plan.
4. The development is responsible for executing the appropriate waiver to ensure the
City that the development pay its share of the costs of the public infrastructure
extension adjacent to the properties.
5. The development is required to provide a 40' half right-of-way for Deerwood Drive.
8i
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. Basements and Riabts-o -Way
1. This development shall dedicate 10' drainage and utility
easements centered over all common lot lines and adjacent
to private property or public right-of-way.
2. This development shall dedicate, provide, or financially
guarantee the acquisition costs of additional drainage,
ponding, and utility easements as required by the
alignment, depth, and storage capacity of all required
public utilities and streets located beyond the
boundaries of this plat or outside of dedicated public
right-of-way as necessary to service this development or
accommodate it.
3. This development shall dedicate all public right-of-way
and temporary slope easements for ultimate development
of adjacent roadways as required by the appropriate
jurisdictional agency.
4. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water
elevation necessitated by City storm water storage volume
requirements.
C. Plans and specifications
1. All public streets and utilities necessary to provide
service to this development shall be designed by a
registered professional engineer in accordance with City
codes, engineering standards, guidelines and policies.
2. A detailed grading, drainage, erosion, and sediment
control plan must be prepared in accordance with current
City standards prior to final plat approval.
3. This development shall insure that all temporary dead end
public streets shall have a cul-de-sac constructed in
accordance with City engineering standards.
;L,
STANDARD CONDITIONS OF PLAT APPROVAL
PAGE TWO
4. A detailed landscape plan shall be submitted on the
proposed grading plan. The financial guarantee shall be
included in the Development Contract and not be released
until one year after the date of installation.
5. All internal public and private streets shall be
constructed within the required right-of-way in
accordance with City Code and engineering standards.
D. public Improvements
1. If any public improvements are to be installed under a
City contract, the appropriate project must be approved
at a formal public hearing by Council action prior to
final plat approval.
E. Permits
1. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame
required by the affected agency.,
F. Parks and Trails Dedication
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 duality 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
Se tember 15, 1987
July 10, 1990
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DELMAR H. SCHWANZ
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I 14750 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA SSM 61V1MIM
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SURVEYORS CERTIFICATE
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SCALE: 1 INCH = 100
$
PRELIX11MY PLAT:
Proposed Name: BOYLE ADDITION
1
Description: The north 660 feet of th
W} of the SE} of Section
Township 27, Range 23;
except the east 330.20 f
thereof.
Existing Zoning: Agriculture
h:
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i
Proposed Zoning: R-1 Single Family
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Gross Area: 5.0053 acres
Proposed Lot Areas:
•
�`
-j ^
Lot 1 2.0037 ares
r
(
_Lot
2 2.6965 acres
Street 0.3031 acres
NOTES:
\
1. Lot 1 has an existing house and has
own well and sewer system.
2. Lot 2 would also have its own well
sewer system.
3. Property has a road easement over t
O
north 33 feet thereof that serves t
nproperty
and another home to the ea
NThe
property is at the east end of
improved Deerwood Drive.
OWNER -DEVELOPER
J
Ron and Kathy Boyle
— _
4738 East Pinewood Place
Littleton, Colorado 80121
Tel. 1-303-721-7099
1 harm
certify that this survey, plan, or report was
preparDy
Mat i a
me or under my direct supervision and
a duly Registered Land Surveyor under
?
Ma laws
of the Stat* of MIrorwtota.
I I e, ✓ �'7
,f r (L� I �/
Dated 09-26-•90
Delwar H. Sarasota
Mlnn**xfi a RaplaetM4ert No. iIiiiIin
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Topography Sheet {Sheet 2 of 2
II
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DELMAR H. SCHWANZ
uwc auW� NIC.
wj"kWW WWW taw of The "M to �arrn�ala
114M SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA MM *iJV4W11M
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r� SURVEYOR'S CERTIFICATE
f A1049W //A/,g- 7 6%4 -,-C-C. Z2- 727W-, Z1AJ
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SCALE: 1 INCH - 100 1
PRRLLKIRART PLAT:
Proposed Name s WTLE ADDITION
Descriptions The north 660 feet of the
1 I v W1 of the SE} of Section
hr Township 27, Range 23s
except the east 330.20 fe
/ • { i/n �, t 1 thereof.
b, Existing Zoning: Agriculturd
Proposed Zonings R-1 Single Family
'::::_ Gross Areas 5.0053 acres
Nh y �-kProposed Lot Areas:
o IIr �� a l 1 p Lot 1 2.0037 acres
/ Lot 2 2.6985 acres
Street 0.3031 acres
t - I
NOTES:
O , �
ZtJ 1. Lot 1 has an existing house and has
own well and sewer system.
A possible house and driveway location!
fr�,� 2. Lot 2 would also have its own well a
\q [ �'"� sewer System.
t / 3. Property has a road easement over th
north 33 feet thereof that serves th
property and another home to the eas
The property is at the east end of t
improved Deerwood Drive.
[4 ����, — •�' r 'OWNER-DEVELOPER
^^^ Ron and Kathy Boyle
K i
- 4738 East Pinewood Place
Littleton, Colorado 80121
Tel. 1-303-721-7099
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s►�. bi a u dt trpwvfls on D N16� ti
!hs I a , duly Rpiat ts"
"Mjsrn o! Iht Stata�
09-26-90 Oowel H. sepmW
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CITY OF SAGAR
BUACRBST
CUL-DE-SAC EI'TRBSION AGRBRRUT
THIS AGREEMENT, made and entered into the 7th day of February,
1989, by and between the CITY OF RAGAN, a Municipality of the State
of Minnesota, (hereinafter called the CITY), and the Owner and the
Developer identified herein.
A. The term "Developer" as used herein refers to WILLIAM
HUTTNER CONSTRUCTION, INC., whose address is 960 Waterford Drive
West, Eagan, Minnesota 55122.
B. The term "Owner" as used herein refers to FREDERICK M.
WESSEL and VIRGINIA WESSEL whose address is 3590 Wescott Hills Drive,
Eagan, Minnesota 55121 and WILLIAM HUTTNER CONSTRUCTION, INC. whose
address is 960 Waterford Drive West, Eagan, Minnesota 55122.
WHEREAS, the Developer has applied to the City for approval of
the plat or subdivision known as SUNCREST, located within the City;
and
WHEREAS, the street described as Sunwood Trail will end as a
cul-de-sac along the north plat line of SUNCREST ADDITION, until such
time as the extension of Sunwood Trail is made possible by
development and subdivision of the parcel #042-03; and
WHEREAS, there will be certain costs incurred with the
reconstruction and/or removal of said cul-de-sac in order to extend
Sunwood Trail, if and when the property lying north of SUNCREST is
developed.
NOW THEREFORE, the City, Owner and Developer agree as follows:
1. Aecordina. This agreement shall be recorded with the Dakota
County Recorder so as to provide notice to the owners of all of the
lots in SUNCREST ADDITION. The owner shall provide and execute any
and all documents necessary to implement the recording of this
agreement.
2. costs of Removal. The cost of and removal of the cul-de-sac
and its conversion to a through street shall be the financial
responsibility of the owner and/or developer of Outlot A. The Owner
has deposited with the City a Certificate of Deposit in the amount of
$750.00 for the removal of the excess temporary bituminous portion of
the cul-de-sac and for the restoration of the boulevard area of
Outlot A.
3. Notice. The recording of this document shall constitute
notice to all owners and future owners of property in SUNCREST
ADDITION that Sunwood Trail may be extended as a through street and
that such owners have waived all rights to object to future City
action pertaining to such construction.
4. validity_. If any portion, section, subsection, sentence,
clause, paragraph or phrase of this agreement is for any reason held
to be invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
5. Binding Agreement. The parties mutually recognize and agree
that all terms and conditions of this recordable agreement shall run
with the land herein described and shall be binding upon the heirs,
successors, administrators and assigns of the owners and developers
referenced in this Contract.
IN WITNESS WHEREOF, we have hereunto set our hands.
DITE.OF EAG AN f .OWNERS:
By:
Its:
Attest-
ts:
Frederic"., 4essel Date
irginia Wessel
ROVED AS TO FORM:
APPROVED AS
K is Works Department
te:
THIS INSTRUMENT WAS DRAFTED BY:
McMENOMY 6 SEVERSON, P.A.
7300 West 147th Street
P.O. Box 24329
Apple Valley, MN 55124
(612) 432-3136
MGD
NER Awn nruvr_nnvn _
FINANCIAL OBLIGATION
r
AM 9" '/o"F
1 hof at,, rarllly that thtf sunray, plan. M faMr1 wee
r,opo,o I by ma or undaf my dlr*M avpafvlalnn and
that 1 . m a duly Raplataid Lsf4 3ufvnrof nndar
it,a Is*$ of Iha 411mi Of m wwofos
fiataA — 09 26"90 --
II
PRELIMINARY PIAT:
Propn-;pd NAmP: M)YI.P ADDITION
WATER TRUNK
STORM SEWER TRUN
Page 5 - FAGAN ADVISORY ::MINUTES
October 23, 1990
City Planner Jim Sturm revo��#:::.
!' :.:;staff report for the Planning
Commission.
John Fitzgerald (representing the applicant) stated he was
available for questions. Member Trygg asked if an outdoor play area
was needed for this type of f4cxA3. ty.,..The..applicant stated no.
Member Merkley asked forovert:ew of the application. The
applicant described how the %'cienter::::::.*would handle non -serious
illnesses.
Miller moved, Voracek`:::::secniridi:::: the motion to approve a
conditional use permit to all6i' day Cii4` facility in a CSC (Community
Shopping Center) district located along Sibley Memorial Highway in
the northeast quarter of Section 19, subject to the following
conditions:
1. All state and county:::health department requirements shall be
adhered to.
2. Improvements to the bui.'Iding:.:and:::mdjacent areas as stated in
this report shall be made within "010
,::::ysar, of approval.
3. Signage shall comply with all sign code requirements and shall
be subject to a one-time sign fee of $2.50 per square foot.
4. All other applicable Cft7::::c d9S:,ZhLa11 be complied with.
All voted in favor.
■OYL! ADDITION - AWAND:;' 7►S'lY ■ ME
Chairman Graves opened the next public hearing for the evening
regarding a rezoning of approximately five acres from AG
(Agricultural) to an R-1 (Single Family) district and a preliminary
plat consisting of two lots located along,: the south side of Deerwood
Drive in the southeast quarter of Secti6hk.,22. City Planner Jim Sturm
reviewed the staff report for the Plannii4:*Commission and stated that
an additional condition sii641 ::::::: :: *ditd regarding recording the
document showing shared driveti�ray?:�cdss::�cf:::the site.
X1 1
..........
Page 6 EAGAN ADVISORY PLANNTUG COMMISSION*.:KINWES
October 23, 1990 ... ....
---1-es) stated that he had no
9
Del Schwanz (representin
problem with the conditions and' was available for questions.
Chairman Graves had questions regarding the driveway access. Mr.
Sturm reviewed these issues for him.
Miller moved, Hoeft secorA*d-j:.:-:tJ1xe.,mp.t.J.qn to approve a rezoning of
* ... 9- Ori
approximately five acres -i;'�,ultural) to an R-1 (Single
Family) district for property -"ted long the south side of
...
Deerwood Drive in the southeast Varter x:idif Section 22. All voted in
favor.
Miller moved, Hoeft secoi.4
to approve a preliminary
plat consisting of two lots .'.'lo cated the south side of Deerwood
Drive. in the southeast quarter of Section 22, subject to the
following conditions:
1. These standards conditions of plat approval as adopted by
Council action on July 10,:::::-X-99.0 shall be complied with: Al, B1, B3,
C2, C2, D1, E1, F1, G1 and HT
2. When development on LO.
.."' 2 .... .. City utility installation
shall be required.
3. The development is responsible for providing a cash dedication
in accordance with the requirements as identified in the City's
Comprehensive Water Quality Management Plan.
4. The development is:. executing the appropriate
waiver to insure the City that the. .development pay its share of the
costs of the public infrastruaft-ure eXtension adjacent to the
properties. ....
5. The development is required to provide a forty foot half
right-of-way for Deerwood Drive.
6. The landowners are required to':':':record a shared driveway
agreement.
0
Page 7 EAGAN ADVISORY PLANNI-IRG; COMMISSIM.."XINUTES
October 23, 1990 ....
7. The development is t6o.i.e''
b.':41eet the sixty foot frontage
requirement at the street for Lot':2:%:.:.:
All voted in favor.
BUT BRANDS v XNC.
BEST BRANDSo,
Chairman Graves opened the nexf:`item it der New Business regarding
a preliminary plat consisting of::one on approximately seven
previously zoned LI (Light Indust Al)..br
.&es along the north side of
Yankee Doodle Road and west '%'::An the southeast quarter of
.... .. .....
Section S.
City Planner Jim Sturm reviewed the staff report with the
Planning Commission and stated it was a pleasure working with the
applicants.
Ken Molick (President a::::864t-:..:Rrands) stated they would meet or
exceed all staff conditions.
........ .
Chairman Graves commented thatthe....&V*6 Iooked very nice.
Miller moved, Voracek:::..':�.*...*-*0"'0O:*:h
ed the notion to approve a
preliminary plat consisting.of one lot on approximately seven
previously zoned LI (Light Industrial) acres along the north side of
Yankee Doodle Road and west of Highway 13 in the southeast quarter of
Section 8, subject to the following conditions:
1. These standard condft:J.'ipolk:..*::.: t approval as adopted by
on July :10,
action
Council .6a.....'complied with: Al, B1, B2,
C10 C2, D1, El, F1, G1 and H1.
2. The development is requires to pp.*'vide a cash dedication for
fulfillment of the water quality requikttents of the development in
accordance with the City's Water Quality Management Plan.
3. An additional five feet of utility:'.::easement is required along
the 30 -inch sanitary sewer located alo:'*"*'t'1--e easterly property line
of the development.
4. An additional ten feet of utility:.#4sement is required for the
existing 24 -inch storm sewer which sere the westerly adjacent
property to the development.
93
Agenda Information Memo
November 8, 1990 City Council Meeting
PRELIMINARY PIAT/BEST BRANDS, INC.
G. Preliminary Plat, Best Brands Addition/Best Brands, Inc., Consisting of One Lot on
Approximately 7 Previously Zoned LI (Light Industrial) Acres Along the North Side of
Yankee Doodle Road and West of Highway 13 in the SE 1/4 of Sec 8 --At its regular meeting
of October 23, 1990, the Advisory Planning Commission held a public hearing to consider
an application for a preliminary plat for Best Brands Addition consisting of one lot on
approximately 7 light industrial zoned acres.
For additional information concerning this application, please refer to the memo from the
City�lanner and a Community Development staff report hi h are enclosed on pages
through for your review. Also enclosed on pages throughI_Lure the
Advisory Planning Commission minutes related to this item. a APC is unanimously
recommending approval of this application. Financial obligations in the amount of $9,202
have been identified for this project.
The Advisory Park and Recreation Commission will be reviewing this application at their
November 1, 1990 regular meeting. Any approval of the application should include as
conditions recommendations of the Advisory Parks and Recreation Commission.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat
for Best Brands Addition consisting of approximately 7 previously zoned light industrial acres
along the north side of Yankee Doodle Road and west of Highway 13 in the southeast
quarter of Section 8.
�I4
M E M O R A N D U M
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: JIM STURM, CITY PLANNER
DATE: OCTOBER 25, 1990
RE: BEST BRANDS ADDITION
At the Advisory Planning Commission meeting on October 23rd, the
Preliminary Plat consisting of one lot on approximately seven LI
(Light Industrial) zoned acres was approved unanimously. There was
very little discussion on this item; no one from the public was
there to speak. Staff also noted that over the past couple of
years Best has substantially improved the area through building,
painting, landscaping, and the like. It's nice to recognize when
the developer goes out of his way and is very responsive to the
staff's needs and requests and this was noted at the Commission
meeting. No additional conditions were added to the staff report.
If you would like additional information, please advise.
City Planner
JS/j s
CC: Dale Runkle, Community Development Director
�j S
SUBJECT: PRELIMINARY PLAT - BEST BRANDS ADDITION
APPLICANT: BEST BRANDS INC
LOCATION: PART OF LOT 8, 9, & 10, BLOCK 2
SIBLEY TERMINAL INDUSTRIAL PARK
EXISTING ZONING: I-1 (LIMITED INDUSTRIAL)
DATE OF PUBLIC HEARING: OCTOBER 23, 1990
DATE OF REPORT: OCTOBER 10, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted by Best Brands, Inc. to
plat approximately seven acres of previously -zoned Limited Industrial land in the Sibley
Terminal Industrial Park.
BACKGROUND: Best Brands, Inc. has been located in Eagan 14 years and employs
approximately 110 people. The company manufactures and warehouses bakery ingredients.
In October of 1988, the applicant received a Variance to allow a silo to be constructed 8'
above the 40' height limitation imposed in a Limited Industrial district. At the April 4, 1989
City Council meeting, they were approved for a 1.61% Variance to the 35% building
coverage maximum. At that time, the Company added a computerized production facility
which would increase production by 200%. Forty-one thousand square feet of additional
warehouse, refrigeration, and freezer space were required to support the new facility. After
a lease expired, they took over their own 22,400 square foot building located on Lot 9 and
are in the process of constructing an 18,450 square foot addition to the building on Lot 10.
A condition of approval for the Variance request was submission of a landscaping plan to
upgrade the landscaping of the site. The plan was submitted, approved, and completed in
a timely manner and has made a dramatic visual improvement along Yankee Doodle Road.
On August 17, 1990, Best Brands submitted a Waiver of Plat application to split Lot 8, Block
2, Sibley Terminal Industrial Park. Lot 8 had been split once, creating two parcels. During
review for the Waiver of Plat, staff requested Best Brands, Inc. to plat the property as Lot
1, Block 1, Best Brands Addition, because their request was to split Lot 8 for a second time
and adjoin it to Lot 10. This would clean up the legal description for the City.
LOCATION/SITE PLAN: 'The 7.63 acre site is located directly north along Yankee Doodle
Road, east of Terminal Drive, south of Sibley Terminal Industrial Park, and west of Highway
13. Presently, the site has two existing buildings and an 18,450 square foot addition, under
construction. The northern portion of the newly -created Lot 1 contains a large wooded area.
The proposal indicates a future addition of approximately 28,200 square feet to the north
side of the existing 50,216 square foot building on what was Lot 10. This future addition will
extend into the southeast corner of the originally platted Lot 8. The purpose of this addition
is for storage expansion of frozen dough products. Access to the addition will be gained
from the southern portion of the lot north of the 18,450 square foot addition.
As previously mentioned, the total building coverage for the site was 36.61%. Calculating
the additional 1.97 acre parcel brings the total building coverage to 27.3%. The total with
the future expansion is 35.7%. The future expansion building size is speculative and is an
approximation. The applicants have been made aware of the City Code which allows a
maximum 35% lot coverage. The existing building on former Lot 10, the addition now under
construction, and the proposed addition all meet, or exceed, the minimum setback
requirements. However, the existing building on the former Lot 9 does not meet the current
I-1 setback from public street of 40'. As shown on the site plan, the setback ranges from
the southwest corner of the building at 20' to the southeast corner of the building at 25'.
This building was constructed in 1971. The 20' setback was indicated on the Certificate of
Survey submitted and approved by staff.
Last year an additional 120'x 120' (14,400 square foot) parking lot was added to increase
on-site parking for the lot.
COMMENTS: The following is a preliminary staff recommendation from the Parks &
Recreation Department which will go before the Advisory Parks & Recreation Commission
on November 1, 1990.
The 1.97 acre parcel which is being incorporated into an existing platted lot is subject to a
parks dedication of $.025 per square foot of net land area with payment due at final plat.
It appears that the 1.97 acre parcel is subject to a cash trailway dedication.
q1
GRADINGiDRAINAGETROSION CONTROL: A preliminary grading plan covering the
proposed building expansion to the north was not submitted for staff review. The
developer will be required to submit a grading, drainage and erosion control plan to the
City for their review and approval before any expansion can occur. The preliminary site
plan shows constructing the future building addition over an existing 24" public storm
sewer. The storm sewer system will have to be relocated around the future building when
the expansion occurs.
WATER QUALITY: The proposed development was reviewed for water quality
requirements in accordance with the City's Water Quality Management Plan. The
development is located in the direct drainage area to Pond CP -8. Pond CP -8 is a
designated ponding area in the City's Comprehensive Storm Water and Water Quality
Management Plans. The development is required to provide cash as fulfillment of water
quality requirements based on a minimum ponding area of 0.47 acres and a wet pond
volume of 1.46 acre-feet. These requirements are subject to change but based on final
plat dimensions and areas.
UTILIMES: Sanitary sewer service is available to the site from an existing 30" trunk
sanitary sewer line, located along the East property line of the site. The future building
addition will be constructed over an existing sanitary sewer service line that serves the
building in the center of the site.
Water main service to the site is available from an existing 12" trunk water main on
Yankee Doodle Road and Terminal Drive. The developer will be required to submit a
water main and hydrant layout plan to the City for their review and approval to allow the
City to review the fire protection and water supply requirements of the building expansion.
STREET&ACCESS!CIRCULATION: Street access has been provided to the site from
Yankee Doodle Road and Terminal Drive. The developer recently upgraded the parking
lot for the southwesterly half of the site. A site plan covering the parking lot and building
expansion of the northeasterly half of the site shall be submitted for City review and
approval. The parking lot expansion shall be constructed to City Codes with a concrete
or bituminous surface, concrete curb and gutter, and storm sewer.
EASEMENTSIRIGHT-OF-WAYLPERMITS: An additional Y of utility easement is required
along the existing 30" sanitary sewer along the easterly property line of the development.
An additional 10' of utility easement is required for the existing 24" storm sewer which
serves the westerly adjacent property.
This development shall be responsible for ensuring that all regulatory agency permits are
acquired prior to final plat approval.
FINANCIAL OBLIGATION - BEST BRANDS:
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 existing and proposed connections to be made
to the City's utility system based on the submitted plans.
Improvement Project Use Rate
Lateral benefit
San Sewer Trunk 15 C/I $16.55/ff
TOTAL
BEST BRANDS, INC. CONDITIONS
Ouantity Arnam
556 f.f. $9.202
$9,202
These standard conditions of plat approval as adopted by Council action on July
10, 1990 shall be complied with:
Al, B1, B2, C1, C2, D1, C1, Fl, Gl and H1.
2. The development is required to provide a cash dedication for fulfillment of the
water quality requirements of the development in accordance with the City's Water
Quality Management Plan.
3. An additional 5' of utility easement is required along the existing 30" sanitary sewer
located along the easterly property line of the development.
4. An additional 10* of utility easement is required for the existing 24" storm sewer
which serves the westerly adjacent property to the development.
5. The development will be required to submit a detailed water main and hydrant
layout plan to the City for review of the fire protection and water supply
requirements of the building expansion.
6. The proposed parking lot expansion is required to be constructed in accordance
with City Codes and Standards.
G�n
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.
8. Easements and Rights -of -Way
1. This development shall dedicate 10' drainage and utility
easements centered over all common lot lines and adjacent
to private property or public right-of-way.
2. This development shall dedicate, provide, or financially
guarantee the acquisition costs of additional drainage,
ponding, and utility easements as required by the
alignment, depth, and storage capacity of all required
public utilities and streets located beyond the
boundaries of this plat or outside of dedicated public
right-of-way as necessary to service this development or
accommodate it.
3. This development shall dedicate all public right-of-way
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
D.
E.
F.
G.
H.
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
constructed within the required right-of-way
accordance with City Code and engineering standards.
Public Improvements
be
in
1. If any public improvements are to be installed under
City contract, the appropriate project must be approve
at a formal public hearing by Council action prior t
final plat approval.
Permits
1. This development shall be responsible for the acquisitio
of all regulatory agency permits in the time fram
required by the affected agency..
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.
Nater 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.
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
`Q)l
City council
September 15, 1987
July 10, 1990
Best Brands, Inc.
Street Map
Zoning Map
Land Use Guide Plan
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EAGAN. MINNESOTA�•r•�u•�' '.7T, rr+ IM1 �rV�AswNoi11M/.7M.
W.w.w�r Ymi—t.i►111
Q
Page 7 - EAGAN ADVISORY PLANN�..........
G COMMISSION;:::MINUTES
October 23, 1990 ••••
7. The development is r-t*d::: o*'keet the sixty foot frontage
requirement at the street for Lot" 2::::'�'
All voted in favor.
VEST BRANDS 0 XNC ::: 33WtD►B, IAC.
Chairman Graves opened the next item f1 der New Business regarding
a preliminary plat consisting o.:: one :Aot on approximately seven
previously zoned LI (Light Indust•tlAl)• • acres along the north side of
Yankee Doodle Road and west Qf::igiwa::: in the southeast quarter of
Section S.
City Planner Jim Sturm reviewed the staff report with the
Planning Commission and stated it was a pleasure working with the
applicants.
Ken Molick (President b.;f.::.:� :..:rands) stated they would meet or
exceed all staff conditions.
Chairman Graves commented thait the.:.az0::1ooked very nice.
Miller moved, Voracek;:::: i.,.'.Oi*coric7ed, the motion to approve a
preliminary plat cons istincq':�'-•of one lot on approximately seven
previously zoned LI (Light Industrial) acres along the north side of
Yankee Doodle Road and west of Highway 13 in the southeast quarter of
Section 8, subject to the following conditions:
1. These standardk1t approval as adopted by
Council action on July 10, :i�:::':Ciai1 ::3�e:::complied with: Al, B1, B21
C1, C2, D1, E1, F1, G1 and H1.
2. The development is required:to pt4vide a cash dedication for
fulfillment of the water quality requirements of the development in
accordance with the City's Water Quality Management Plan.
3. An additional five feet of utility:.easement is required along
the 30 -inch sanitary sewer located alori;'the easterly property line
of the development.
4. An additional ten feet of utility:.."sement is required for the
existing 24 -inch storm sewer which setve the westerly adjacent
property to the development.
1��
Page 8 - EAGAN ADVISORY PLAN9,00 COMMISSION:':MINUTES
October 23, 1990
5. The development wilred to submit a detailed
watermain and hydrant layout plajf':'ty:•'the City for review of the fire
protection and water supply requirements of the building expansion.
6. The proposed park'fig.:.:::::l:ot....p.xpansion is required to be
constructed in accordance witfi:: x ?d? $;:: standards.
All voted in favor.
BURRVIEW POND... ;: +fDER i CO. INC.
Chairman Graves opened the next public hearing for the evening
regarding a preliminary plat consisting of one lot on approximately
13.7 previously zoned R-4 (Multiple) acres located along the south
side of Highway 55 in the northeast one-quarter of Section 12.
Member Gorman stated tMt:::::he:..would abstain from discussion and
voting due to a relationship befwn::::s:::mployer and the applicant.
City Planner Jim Sturm itroduced::::::the staff report to the
Planning Commission.
John Bell (representing: -:-''the applicant) stated that he was
available for questions. He further stated that the development calls
for 70% impervious surface and that R-4 was very appropriate for this
site. He described the berming on the site.
Don Chapdelaine, 575:::::::::Cixap:i;:::;::;::;%ae, stated that R-4 was
inappropriate abutting up dential property. He urged
down zoning of the property.
Vern Shaff, 520 Chapel Lane, :'J tated''' hat access to 149 is poor.
He stated he opposed the application":
Cindy Totspa, 317 Chapel Lane, had elevation and runoff concerns.
Paul Chamberlan, 3520 Lowell Lane, had traffic concerns.
Lowell Bargy, 1316 Circle, also had tml�ffic concerns.
The applicant stated that: t t:'ft,' I t -d::: onditions had not changed.
He described the height and risito::trt6t3iations.
Member Merkley requested the site Owing showing the site line
to apartment elevation be provided. He::'also wished to see landscape
intercept lines. The applicant stated that the rental rate would be
market rate and not low rent. Member Voracek asked if the service
road would be upgraded. The applicant stated that only that portion
adjacent to the property was required to be upgraded.
Agenda Information Memo
November 8, 1990 City Council Meeting
COMPREHENSIVE PLAN AMENDMENTIREZONING
POSTAL FACILITIES HW PROPERTIES
H. Comprehensive Plan Amendment, Postal Facility/EHW Properties, Changing the Land
Use Designation from D -H (Mixed Residential) 0-6 Units per Acre, to LB (Limited
Business)and a Rezoning of Approximately 73 Acres from R4 (Multiple) to LB (Limited
Business) for a United States Postal Facility located along the East Side of Johnny Cake
Ridge Road in the NE Quarter of Section 15 --At its meeting of October 23, 1990, the
Advisory Planning Commission held a public hearing to consider a comprehensive guide plan
amendment and a rezoning as described above for a post office facility located east of
Johnny Cake Road east of Diffley Road. The post office has requested an LB (Limited
Business) guide plan amendment and rezoning for this parcel rather than public facilities to
allow resale of the facility in the event that its use as a post office were ever discontinued.
The Advisory Planning Commission discussed the request as well as the alternative of a
planned development to insure future control of the subject property. Following discussion,
the APC voted to deny the comprehensive guide plan amendment, and, consequently, did
not act on the rezoning application.
For additional information regarding this application, please refer to the community
development staff report which is enclosed on pages ILS through �'� for your review.
Also enclosed for your review is a letter from W'ilham R. Bush, for Thomas
Willmus, the owner of the property. Finally, enclosed on pages Ittorney
through �� V is a
copy of the Advisory Planning Commission minutes related to this item. The Advisory Parks
and Recreation Commission is considering this item at its meeting of November 1, 1990 and
information related to its recommendations will be forwarded to the Council after that
meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive
guide plan amendment from DII (mixed residential, 0-6 units per acre) to LB (limited
business) and rezoning from R-4 (multiple residential) to LB (limited business) for
approximately 7.33 acres located east of Johnny Cake Ridge Road, south of Diffley Road
in the northwest quarter of Section 28 as presented.
ill
SUBJECT: COMPREHENSIVE GUIDE PLAN AMEMDMENT &
REZONING
APPLICANT: EHW PROPERTIES
LOCATION: NW 114 SECTION 28
EXISTING ZONING: R4 (MULTIPLE)
DATE OF PUBLIC HEARING: OCTOBER 23, 1990
DATE OF REPORT: OCTOBER 17, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: Separate applications have been submitted requesting a
Rezoning of approximately 7.33 acres from R-4 (Multiple) to LB (Limited Business) and a
Comprehensive Guide Plan Amendment from D -II (Mixed Residential, 0-6 units per acre)
to LB (Limited Business) to allow a United States Postal Facility. The site is located south
of Diffley Road and along the east side of Johnny Cake Ridge Road.
Adjacent land uses are the Eagan 40 Planned Development (Stratford Oaks apartment
project), which was approved for 328 residential apartment units that has not been final
platted, and the Trails of Thomas Lake Addition consisting of quad units, both to the east
of the subject property. Adjacent to the northwest and south is undeveloped Multiple -zoned
property. The site consists mainly of open -grassland, parts of which are lightly wooded with
a mixture of deciduous material.
COMMENTS: Postal facilities are not specifically listed as permitted uses in any use district
within the City Code. The Bulk Mail Facility and the small post office along Lexington
Avenue, north of Lone Oak Road, are both in Light Industrial districts. This proposal would
have the postal facility in the lowest commercial district of the City Code. Typically, Limited
Business districts are used in areas exposed to residential neighborhoods and are, thus,
suitable to those businesses compatible with the nearby residential use. Examples are small
offices with no retail or wholesaling and clinics for doctors or dentists. Other permitted uses
are: libraries, funeral homes, community buildings, and religious centers.
While the use of the postal facility, if designed sensitively, in this particular location may be
appropriate, staff is concerned that the Limited Business zoning would allow other uses if
the facility was ever sold. A zoning change to a Planned Development district allowing only
a postal facility with an approved site plan would protect the City and adjacent property
owners now and in the future of what would be permitted and how it would look. There
also has been discussion with the applicant of whether zoning to a Public Facilities district
would also be appropriate; however, the U.S. Postal Facility felt that zoning district was too
restrictive if they ever sold the property. Typically, loading areas and motor -fuel facilities
would not be found in Limited Business districts. The postal service does not want to be
located in the RB (Roadside Business) district to the north, as they do not feel they need
access to Diffley Road but only two access points onto Johnny Cake Ridge Road. Also, the
Roadside Business land is more expensive.
The attached site plan is only conceptual and platting will be required before any
development occurs. If a Planned Development district was required by the City, it would
be appropriate to include the residential R-4 parcel to the south that abuts Clemson Drive
on its southern property line.
POSTAL FACILITY: The proposed facility would be approximately 21,000 sq. ft. with over
16,000 sq. ft. of enclosed parking for approximately 50 postal vehicles. Fifty customer
parking stalls and approximately 50 employee outdoor spaces would be provided. The lot
configuration has been sized to accommodate at least a 50% building and parking expansion.
The plans submitted are only preliminary at this point. Until detailed plans are submitted,
it is difficult for staff to review them, other than conceptually. The emphasis to date has
been whether the use as proposed is appropriate in this location and in this zoning district.
\l3
N -W** I SEC.28,,T27,, R.23
well" �
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U.S. Postal Service
Kr. Jim Christensen
DELMAR H. SCHWANZ
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14760 SOUTH 1409ERT TRAIL ROSEMOUNT, MINNESOTA 65051 s12/42�.1761
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Descriptions,
That part of the WeKt Half of the Northwest Quarter of Section 28, Township 27,
Range 23, Dakota County, Minnesota described as followst con"ncing at the northwest
corner of said West Half of the Northwest Quarterl thence North 09 degrees 18 minutes
16 seconds East, assumed bearing, along the north line thereof 820.55 feet, thence
South 00 degrees 17 minutes 13 seconds East 904.50 feet, thence southwesterly along
a tangent curve which is concave to the west, radius of 954.93 feet, central angle
of 01 degree 15 minutes 17 seconds, 20.91 foot to the point of beginning of land to
he describedi thence continuing southwesterly along said edrve which is concave to
the west, radius of 954.93 feet, central angle of 33 degrees 57 minutes 36 seconds,
566.00 feet, thence South 55 degrees 04 minutes 10 seconds East, not tangent to last
described curve, 100.97 feet= thence North 89 degrees 41 minutes 00 seconds East
564.72 feet to the east line of said West Half of the Northwest Quarters thence
North 00 degrees 19 minutes 00 seconds West along said east line 566.00 feet, thence
South 89 degrees 41.minutes 00 seconds West 242.76 feet, thence westerly along a
tangent curve which is concave to the north, radius of 1432.39 feet, central angle
of 10 degrees 02 minutes 05 seconds, 250.87 feet to the point of beginning.
Subject to a public road easement, Johnny Cake Ridge Road, created by Document
No. 409621, and i<svised by Document No. 814226.
1 hereby pertlty that this survey, plan, er report was
prepared by me or under my fir" tupamlaten and
that I am a duly Mpletered lend surveyor under
the laws of the State el MW~ote.
r
Dated 08-13-90 Revised 08-18-90 Peimar K seherow
11i ea 3 -UP -M-9 0 Illnttsaaes ha3telrslterl Ifkr sM!
Rettri famA n4-11—an
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31
WIRM
1\�
WILLIAM R. BUSCH
ATTORNEY AT LAW
603 DEGREE OF HONOR BUILDING
SAINT PAUL, MINNESOTA 55101
( 612) 222 • 0761
October 15, 1990
Advisory Planning Commission
City of Eagan
3830 Pilot Knot Road
Eagan, Minnesota 55122-1897
Re: EHW Properties -
Applications for Rezoning and Comprehensive Guide
Plan Amendment as to its 7.3 Acre Parcel on
Johnny Cake Ride Road
Dear Commission Members:
EHW Properties' managing partner, Thomas M. Willmus, who
is now out of town, has asked me to write this letter on his
behalf in support of your favorable action on these pending
applications.
The Postal Service's proposed construction and operation
of a full service postal facility on this site is in harmony
with the development of EHW Properties' adjacent R-4 property
and will provide a special service benefit to this part of
Eagan.
Respectfully yours,
William R. Busch
WRB: jm
cc: Mr. Thomas M. Willmus
i (-A
le
Page 9 - EAGAN ADVISORY PLANMIVRG COMMISSI*.:::MINUTES
October 23, 1990
Vern Shaff questioned the rout -:Irbii the project to the park.
Chairman Graves said the neighbors were concerned about the views
and he wanted to see drawings providing sight lines.
Member Miller stated tial:::::::::t'ik:::;:of information precluded
action, there was no need to fust r't into other issues. Member
Trygg questioned the service road i4ing 616%sed off and whether or not
a fence would be provided. Ci�yPlanner Jim Sturm stated he would
research the issue. Member .... No.p.y .'�ey. stated another issue to be
examined was the safety is iie::::af"'t3�e::::dh :ldren on the road. Chairman
Graves questioned why the previous pr600"sal of two buildings was not
being done and asked if it was possible to reduce the height of the
current proposal.
Member Hoeft stated he had a dim view of any apartment complex on
this property. He had wat0r.:..quality concerns and noise corridor
concerns. He stated a traftzc.:::. dy was needed. He further requested
information on road work that would:::bs•:.needed. He foresaw a need for
a transition from Single Family:;:;to 'ku!f ''Residential. Member Voracek
stated that a buffer zone was ne4aed
Chairman Graves sun marid comments of the Commission and
concluded that his opinion wa ::::that this use was wrong for this site.
The developer agreed to a continuance until such time as they
felt they were ready to answer the Planning Commission's concerns.
Miller moved, Hoeft::::ion to continue, at the
developer's request, a prey riar►::::::::p3t::: consisting of one lot on
approximately 13.7 previously zoned R-4.... (Multiple) acres located
along the south side of Highway 55:::#:n the::::northeast 1/4 of Section 12
until such time as the developer: is::::repared to respond to the
Planning Commission's concerns. Ail vd in favor except Member
Gorman who abstained.
REZONING AM +COKPRXRUSX" 4VID3 PLAN
VOSTAL FACILITY - IMW PROPZRTINS
Chairman Graves introduced the slit item for the evening
regarding a Comprehensive Guide Plan amendment changing the land use
designation from Mixed Residaai::i;ed Business and a rezoning
of approximately 7.3 acres`'
cres '3tz Ale to Limited Business for a
United States postal facility located along the east side of Johnny
Cake Ridge Road south of Diffley Road::::in the northwest quarter of
Section 28. "
City Planner Jim Sturm presented the application and staff report
to the Planninq Commission.
Page 10 - EAGAN ADVISORY PLANKING COMMISSIOX:MINUTES
October 23, 1990
Jim Christensen (representing "fiie post office) stated that their
commitment to purchase the land was contingent on this rezoning being
granted. He further stated that the post office would not pay any
City fees and that the postal policy is that the post office will
only buy Commercial or Industir: ::::iced:::pP erty because this allowed
the building sale upon vacatioft":i. 1s t e i office.
Commissionmember Hoeft ques
oned "the traffic flow. Mr.
Christensen explained that semis::ou
X.
carrier vehicles throughout t; A:;:;d*'*:::;3i,.
was more suitable than one::4A-b"iig D
access in and out was better at this s
the semi traffic would arrive early
working hours.
ld :arrive in the morning and
eptOr Hoeft asked why this site
3ey. Mr. Christensen felt the
te. He further explained that
in the morning and leave after
Member Trygg asked for...a comparison to the existing Lexington
site. Mr. Christensen stated:thAt this site was a little larger with
room for expansion. Member:::;asked if Johnny Cake would be
signaled. Assistant City Encirieez::::::::::dike Foertsch state that
signalization was planned for th4::future..::.:.:.;:;
Member Merkley stated that;: Vie::::kta a problem with semi traffic so
close to the elementary sp.igp. and questioned why a residential
location was chosen. Mr. Christensen stated that the post office
didn't pay taxes and didn't want to take RB property off the tax
rolls. He further explained that the semi traffic would occur before
and after school hours.
Member Miller stated:;:,l::y::yuld not allow other retail
uses in an R-4 or LB zoned are;d"-'tfta' was-f'h'clined to deny the request.
Member Trygg agreed. Member Milli fet he was more inclined to
approve a PD Agreement. Member Ha�eft alUo had rezoning concerns due
to the character of the area.
Dick Marhula of EHW Properties stated that the RB land went up to
the border of the proposed rezoning. Mr. Christensen reiterated that
the post office must have Commercial or Industrial zoning in order to
buy the property. Mr. Marhula stated that the owner would prefer R-4
zoning if the post office falls throug-I:::and that this was a chance
for the City to get rid of excess R-4 pro—PaK.ty.
There was much discuss3:c'''C#e@g the relative merits of a
Planned Development Agree*dht'''voYSui**%' straight Limited Business
zoning. Member Voracek felt that Libited Business, uses were
preferable to R-4. Member Gorman feA_.,:::;:that Limited Business was
preferable to R-4 but a PD Agreement would be better. Member Miller
felt that the City should not give up the control of the PD
Agreement.
Page 11 EAGAN ADVISORY PIANOING COMMISSjbX MINUTES
October 23, 1990 ... ....
Chairman Graves stated th6t::':*'k*q""r* uses proposed by the post
office were allowed in an LB zone'*.':.:.:::.:.---:-'-*'
Member Miller moved, Hoeft seconded, the motion to deny the
Comprehensive Guide Plan amendment changing the land use designation
from D-11 (Mixed Res D.-76t*..;mits per acre) to LB, (Limited
i4j.--:
Business) for property locit�-4" .'h". e east side of Johnny Cake
Ridge Road south of Diff ley 'Road;: quarter of Section
28 for the following reasons:
1. Traffic concerns; .......
2. The incompatibility of a post dfflbe use within an LB zone.
Miller, Hoeft, Graves and Merkley voted for the notion; Gorman,
Trygg and Voracek voted against. The notion passed.
TOWN CENTRE 100 NINTU:::ADDITION - SYSTEKS CONTROL# INC.
d'**" i i �1.' ation for a preliminary plat
Chairman Graves introduce Ac
consisting of one lot and an:: io u tI 6t,.:.on Approximately 5.4 Community
Shopping Center acres within :"--'0agan.-..0eid-bts Commercial Park Planned
... .......
Development and a conditional :peitit to allow a drive through
......
automobile emission testing:, -:::::,t1 ** &"i1 ty along the north side of Town
Centre Drive and west of ':::b"'Leary Lake in the northeast quarter of
Section 15.
(Commissionmember Hoeft left the meeting at this point.)
City Planner Jim Sturm re.. ::the:-:-&t-aff report for the Planning
Commission.
Charles Bartholdi for Federal jAhd Cod'pp.
any explained the plat and
its proposed use. He stated he was availaiefor questions.
Chairman Graves asked why this locatf6h was chosen. Mr. Bartholdi
stated that the facility traffic would reduce peak hour traffic in
the area. Chairman Graves then asked for an estimate of the number of
cars in the Metro area. Dave Kelso from the MPGA stated that 1.1
million vehicles would be servicect.:x:by 11 different testing
facilities.
Member Merkley had quest -l-.**O''P"S":*::"'"'** diii the access. Assistant City
- I VOW. 1" -00..'
Engineer Mike Foertsch explai ii.- t'-f-:::'r'ecommendat ions.
Stan Koswicky (MPCA) explained how: .::'i�ss than 1% of'the vehicles
will use the office area. He further stated that they would work with
the Planner and Engineer to study the traffic flow on-site. He
referenced that the site was planned to handle 139,000 vehicles per
year.