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11/20/1990 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING NOVEMBER 20, 1990 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) If. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) IV. 6:55 - CONSENT AGENDA (PINK) P1 A. PERSONNEL ITEMS -Z. B. LICENSES, Plumbers '4C. RA'T'IFICATION, Policy Regarding Appointments to Boards, Committees and Commissions 8 D. CONTRACT 89-13, Approve Change Order #4 (Cliff Road Water Treatment Facility) 8 E. CONTRACT 90-17, Approve Plans/Authorize Ad for Bids (Pump & Well Repair #3 and #4) F. FINAL PIAT, Woodlands North Addition i3 G. CONTRACT 90-16, Receive Bids/Award Contract (Woodlands North Addition - Streets & Utilities) H. CONTRACT 90-16, Approve Change Order #1 (Woodlands North Addition - Streets & Utilities) I CONTRACT 90-1, Approve Change Order #1 (Carlson Lake Park - Wescott Station Park) f� J. STIPULATION AGREEMENTS, Special Assessments, R.J. O'Neil, Project 443 (Trunk Storm Sewer) and Project 461. (i' •'2 (Yankee Doodle Road - Streets) V. 7:00 - PUBLIC HEARINGS (SALMON) �Q A. VACATE Public Right of Way, Wescott Garden Lots - Cedar, Rodger & Birch Streets UU ,A B. PROJECT 605, Country Home Heights (Streets & Storm Sewer Improvements) VI. OLD BUSINESS (ORCHID) A. CONDITIONAL USE PERMIT, Safety Kleen, to Allow Outdoor Storage in a LI (Light Industrial) District on Lots �• 3 and 4, Block 1, Sibley Terminal Industrial Park Located in the SE 1/4 of Sec 8 (Request to Continue to December 18 Regular City Council Meeting) B. SPECIAL USE PERMIT, Cub Foods, to Allow Temporary Outdoor Sales of Mini -Donuts in Cub Foods' Parking Lot Z. C. VARIANCE, Water Heater Innovations, Inc., 3107 Sibley Memorial Hwy, for a 14' Variance to 20' Side Yard Setback 411). FINALIZATION of Planned Development Agreement, R.J. O'Neil Property ?"VII. BOARD OF APPEALS & ADJUSTMENTS (GRAY) APPEAL, Crown Coco, Inc., Denial of Conditional Use Permit for Pylon Sign and Variance of 23 Feet to be Allowed in Pylon Sign Height for a Gas Station at 4195 Nicols Road VIII. NEW BUSINESS (TAN) 1,1fk LICENSES, 1991 Liquor License Renewals 1 44B. PRELIMINARY PLAT EXTENSION, Stryker Addition located Along Beau De Rue Drive and Rahn Road in the NE 1/4 of Section 19 1��C. VARIANCE, Ross Bird, for a 10' Variance to the Required 30' Front Yard Setback for Lot 4, Block 1, Prettyman Heights Addition, Located in the SE 1/4 of Section 4 `1 .1 D. SPECIAL USE PERMIT, Praise Fellowship Church, to Allow Temporary Church Functions in CSC Zoning District �, U (Cedarvale Mall) Located at 3103 Sibley Memorial Highway in the NE 1/4 of Section 19 E. SPECIAL USE PERMIT, James Development Co., to Allow a Temporary Off -Site Advertising Sign to be Located on the Center Island of Hackmore Drive at Dodd Road in the NE 1/4 of Section 25 4;F. SPECIAL HUNTING PERMIT, Al Gruenhagen and Jim Tousignant on Property Owned by Albert Perron, Located ' on Yankee Doodle Road, West of Unisys PRELIMINARY PLAT, Town Centre 100 9th Addition/Systems Control, Inc., Consisting of One Lot and an Outlot 7 on Approximately 5.4 CSC (Community Shopping Center) Acres within the Eagan Heights Commercial Park Planned Development, and a CONDITIONAL USE PERMIT to Allow a Drive-Thru Automobile Emission Testing Facility Along the North Side of Town Centre Drive and west of O'Leary Lake in the NE 1/4 of Section 15 II. PYLON SIGN AGREEMENT, Federal Land Company, for the Park Center Addition Located Along the North Side �I of Cliff Road in the SE 1/4 of Section 30 1. PRELIMINARY PLAT, Cliff Lake Centre 2nd Addition/RHC Associates Joint Venture I, Consisting of One Lot on �i Approximately 1.2 Previously Zoned CSC (Community Shopping Center) Acres within the Eagan Hills West Planned Development, and a CONDITIONAL USE PERMIT to Allow a Bank with Drive-Thru Tellers Located Along Cliff Lake Drive in the SW 1/4 of Section 29 J. REZONING, City of Eagan, of Outlot A in the Park Center Addition Consisting of Approximately Six Acres from AG (Agricultural) to an R-4 (Multiple) District for a Senior Housing Facility Located Along the North Side of Cliff Road in the SE 1/4 of Section 30 �1 COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, Changing the Land Use Designation from D -I (Single Family, 0-3 Units Per Acre) to PF (Public Facilities) for a Four -Acre Parcel Located along the West Side of Lexington Avenue in the SE 1/4 of Section 22 L. DECLARATION OF DEFAULT, Development Contract/Escrow Agreement: P ,Z 1. Brittany 10th Addition 2. Cedar Cliff Commercial Park 3rd Addition 3. Cedar Cliff Commercial Park 4th Addition 4. Duckwood Crossings 5. Rahncliff 1st 6. Sill Addition 7. Wilderness Ponds 8. Stratford Oaks Ix. ADDITIONAL ITEMS (GOLD) X. ADMINISTRATIVE AGENDA (GREEN) Xi. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOIJRNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS, FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 15, 1990 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 20, 1990 CITY COUNCIL MEETING A DO After approval is given to the November 20, 1990 City Council agenda, the November 1, 1990 Special City Council minutes and the November 8, 1990 Regular City Council minutes, the following items are in order for consideration. ..................... A .......... .......... WARMANTf. I ........ .. At this time there are no items to be considered under Department Head Business. 5 Agenda Information Memo November 20, 1990 City Council Meeting M.", There are ten (10) 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. A. PERSONNEL ITEMS: Item 1. Temporary Recreation Programmer --Recreation Supervisor Nowariak will be taking a child care leave of approximately six weeks to two months. It will be necessary to hire a temporary employee to assume a portion of her duties. Recreation Supervisors Peterson and Oyanagi will . also assume part of those responsibilities. Director of Parks and Recreation Vraa is recommending that the City hire Bonnie Blood as a temporary Recreation Programmer preceding and during Nowariak's leave of absence. Ms. Blood has her degree in the field, has previously served as an intern with the Parks and Recreation Department, and has also served as a temporary program assistant for the department. She is basically familiar with the programs and procedures in the department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Bonnie Blood as a temporary Recreation Programmer. PLUMBERS' LICENSES B. Licenses, Plumbers --City Code requires that all plumbers operating in the City of Eagan be licensed and that such licenses be renewed on an annual basis. Enclosed on page ,_3 - is a list of those companies that are performing plumbing services in the City of Eagan. These applications are in order for consideration at this City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the plumbers' licenses as presented. PLUMBING LICENSES NOV. 20, 1990 1. Commercial Plumbing 2. Dolder Plumbing & Heating 3. Rrumholz Company, 4. McNamara Plumbing 5. Rascher Plumbing & Heating 5. Shank Mechanical Inc. 7. Thoen Plumbing, Inc. Agenda Information Memo November 20, 1990 City Council Meeting C. Ratification, Policy Regarding Appointments to Boards, Committees and Commissions -- In actions at various City Council meetings, the City Council has enacted various policies regarding the procedure related to making appointments to the various boards, committees and commissions at the City of Staff has gathered these various actions into a single policy. Attached on pagesugh , is a copy of the proposed policy regarding• appointments to boards, committees and codons for the Council's consideration. The purpose of the policy is to establish a procedure for appointments, guidelines for operations and representation, and clarification of relationships between appointed boards, committees and commissions, the City Council and City staff. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the Eagan City Council policy regarding appointments to boards, committees and commissions. '$AGAN'CITY COIINCIL POLICY REGARDING APPOINTMENTS TO BOARDS, COXMITTSS8 AND COMMISSIONS PURPOSE The purpose of this Policy is to establish a procedure for appointments, guidelines for. operation and representation, and clarification of relationships between appointed boards, committees and commissions, the City Council and City staff. APPLICABILIT P This policy applies to all boards, committees and commissions appointed by the City Council unless otherwise prescribed. STANDARDS The City Council will strive to adhere to the following standards when appointing members to the various boards, committees and commissions. 1. Effectiveness The reason the City Council appoints boards, committees and commissions is several fold. First, they allow greater participation in the government by its citizenry. Second, they assist the City Council in absorbing an ever increasing legislative workload that may be otherwise impossible. for a part-time City Council to complete. Third, they can provide an expert or independent opinion on areas,. thus offering the City Council an additional source of advice. In order for these and other purposes to be achieved, it is necessary that members of boards, committees and commissions, be competent to perform their respective roles. While expertise in a particular area is not always.necessary, the ability to participate as an equal with other members is essential. Therefore, members should possess the basic interest and skills to be effective. To insure interest, all prospective members will be asked to commit to annually attending a minimum of 80% of the body's regular meetings. To enhance skill levels, staff assigned to each committee will be responsible for conducting an orientation session with all new members and for otherwise assisting the.board, committee or commission in carrying out its responsibilities. 2. Representativeness Depending on the nature of the board, committee. or commission, it may be important to appoint a limited number of members who have special interest in the work of that body. This is particularly true for ad hoc committees which are generally formed for specific purposes. For example, if a committee is formed to deal with issues facing the elderly, then clearly the committee should be well represented by the elderly and persons with a background dealing with the elderly. Gender representativeness should be achieved whenever possible. S 1, 3. Nondiscrimination Persons being considered for appointment to a board, committee .or commission will not be disqualified based on race, color, religion, sex, national origin, age, handicap, political affiliation or belief, veteran status, sexual preference, status with regard to public assistance and marital status. 4. Geographic Balance While the competence and represent- ativeness criteria are more important, to- the extent feasible, boards, commissions and committees, should have a reasonable geographic balance from the community. S. Maximum Participation In order to allow maximum opportunity for participation on the various boards, commissions and committees, appointments should be limited to a maximum of three consecutive terms or nine years, whichever is greater. POLICY 1. Anoointments A. Names of persons willing to serve the City in this capacity shall be obtained by advertising in local news sources and the City Newsletter. Regular notices will be published annually. Other .notices will be published throughout the year on an as needed basis. B. The City Administrator's office will maintain a record of all City Boards and Commissions and their membership, and will notify the City Council of any vacancies as they occur. The Mayor and City Council will receive a copy of the applications on file for the vacancy or vacancies being considered. C. The City Council will make all appointments by a majority vote of the Council at a regular meeting. D. All appointments will be for a maximum of three consecutive terms or nine years, whichever is greater. E. Residency will be considered as a basic criterion for appointment whenever appropriate. . 2. Guidelines for Operations A. Members of citizen boards, committees and commissions, are expected to attend a minimum of 80% of the regular meetings.. Failure to meet the requirement or absence at three consecutive regular meetings.may result in removal. B. The City Administrator shall assign a staff member to provide assistance and information to each board, committee or commission. Responsibility for work direction shall remain with the City Administrator. I! C. The staff shall provide orientation for all new members that includes review of enabling legislation, legal responsibilities, Robert's Rules, historical perspective on the work of the committee, agenda of prospective issues, and any other material appropriate to the work of that committee. D. Board, committee and commission members will not receive compensation for service or expenses unless specifically authorized by the City Council. MODIT1 CATION OF POLICY This statement is intended as a general guide to be followed by the City Council. It is not binding and may be modified by;the City Council as it sees fit at its sole discretion. r Agenda Information Memo November. 20, 19901 City Council Meeting CLIFF ROAD WATER TREATMENT FACIELYT Y D. Contract 89-13 (Cliff Road Water Treatment Facility) --In reviewing the chlorination system control equipment proposed for this facility, an alternative manufacturer/supplier has been investigated and determined to be able to provide equal or better equipment at a reduced price (deduct $8,546.69). ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #4 to Contract 89-13 (Cliff Road Water Treatment Facility) and authorize the Mayor and City Clerk to execute all related documents. APPROVE PLANSlAUTHORIZE AD FOR BIDS E. Contract 90-16, Approve Plans/Authorize Ad For Bids (Pump & Well Repair #3 & #4) --As a part of the Public Work's Utility Maintenance Division's ongoing preventative maintenance schedule, staff is proposing to remove the pump and well equipment from Wells #3 and #4 during the early part of 1991 for inspection and repair as necessary. This is part of an ongoing program where two wells are removed for inspection and repair annually to avoid any unanticipated delays during the peak seasons. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 90-17 (Pump & Well Repair #3 & #4) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, December 13, 1990. Agenda Information Memo November 20, 1990 City Council Meeting F. Final Plat, Woodlands North Addition—Documents concerning the Woodlands North Addition final plat are currently being processed by the Community Development Department. If all items are completed and executed in time for next Tuesday's meeting, the application will be in order for approval. If not, a recommendation will be made to continue this item. 'A copy of the final plat as it appears for filing at Dakota County is enclosed on pag o-1 Wor your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Woodlands North Addition. -6 62U .21d' 3g 21 — 'afto4 b 44- *Z'OLEZ 1I a CZ.tO.C)O N 14i I ---AWL I lilt ---AWL I LI s .L9,S 600 S _• r �. _ _•• �r-4N-� e `d~1 IUUL— d Q31Y�rA eeer ■ :;• .i C 600 i e LI .L9,S 600 S _• r �. I . -- It'OLL I � .•o,c000 s � � LI sit 1 ji 1 l 2' Agenda Information Memo November 20, 1990, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (WOODLANDS NORTH) G. Contract 90-16, Receive Bids/Award Contract (Woodlands North - 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 City 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, Council continued consideration of contract .award until the November 8 Council meeting. At that time, the final plat was still not in order for formal Council action. Although the bid specification documents would not allow the City to continue consideration of the bids beyond November 8, the contractor did provide the City with a letter indicating he would be willing to continue his bid unit prices through November 20 to allow the developer and the City an opportunity to approve the final plat. Therefore, if the final plat for the Woodlands North Addition is not approved on November 20, the bids and contract award consideration will have to be rejected. ACTION TO BE CONSIDERED ON THIS ITEM:. To approve/reject contract proposal for Contract 90-16 (Woodlands North - Streets & Utilities) and, if approved, authorize the Mayor and City Clerk to execute all related documents. APPROVE CHANGE ORDER #1, WOODLANDS NORTH ADDITION H. Approve Change Order #1, Contract 90-16 (Woodlands North Addition - Streets & Utilities) --This Change Order provides for the installation of a limited amount of sanitary sewer and water main along Trails End Road (formerly Kost Road) from Elrene Road to the first phase development of the Woodlands North Addition. It also provides for the installation of sanitary sewer and water lateral stubs for the two single-family cul-de-sacs off Elrene Road. (Add * ). ACTION TO BE CONSIDERED ON THIS. ITEM: To approve Change Order #1 to Contract 90-16 (Woodlands North Addition - Streets & Utilities) and authorize the Mayor and City Clerk -to execute all related documents. * This information will be provided with the Additional Information Packet on Monday. l3 Agenda Information Memo November 20, 1990 City Council Meeting I. Contract 90-1, Approve Change Order #1 (Carlson Lake Park -Wescott Station Park) -- During the construction process for this contract, two major areas of concern developed. These include topographic deviations at Wescott Station Park and procedures and materials selection criticism for Carlson Lake Park. Enclosed on pages through is a memo from Director of Parks and Recreation Vraa detailing the necessary changes to the contract. AC'T'ION TO BE CONSIDERED ON THIS ITEM: To approve change order #1 to Contract 90-1 in the amount of $9,955.67. MEMORANDUM TO: TOM HEDGES, CITY ADMMSTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS &RECREATION DATE: NOVEMBER 20, 1990 RE: CHANGE ORDER FOR IMPROVEIVlENT CONTRACT 90-1 During the construction process, two major areas of concern developed within Improvement Contract 90-1. First, at Wescott Station Park, topographic deviation was discovered. Second, at Carlson Lake Park, procedures and material selections were criticized. Wescott Station Park required revision to the grading plan in order to balance the excavation and embankment. This resulted in additional common excavation, above the planned construction quantity. Carlson Lake Park required the elimination of planned construction items and the addition of other items. Also included in this Change Order is additional work for topsoil placement at Burr Oaks and Woodhaven park and additional soil preparation at Coventry pass park. FOR COUNCIL ACTION To approve Change Order #1 to Contract 90-1 in the amount of $9,955.67. CJ/bls /.S CHANGE ORDER IldPROVEMENT CONTRACT 90-1 CITY OF EAGAN -NOVEMBER 20, 1990 CHANGE ORDER #1 CONTRACTOR: 3ITUMINOUS ROADWAYS, INC. �92S Cedar Avenue South Minneapolis, MN 55407 ADDITIONS: DESCRIPTION OF WORK: This change order provides payment to the contractor for costs incurred for the materials and labor on items not included with Improvement Contract 90-1. Compensation Shall be in accordance with the following line items: A. WESCOTT STATION PARK Additional work for 12" RCP installation due to over depth of storm sewer. Change Order Item Unit Price Ouantity Total Amount Over Depth 12" RCP Lin.Ft $3.00 185 $555.00 SUB TOTAL A: $SSS.00 B. WESC07T STATION PARK Additional hours for removal of 2' X 3' top slab .and installation of 27' slab opening. Change Order Item mitEta Quan . Total Amount CB Top Slab Lump Sum $281.00 1 S 281.00 SUB TOTAL B: $ 281.00 C. WESCOTT STATION PARK Additional Common Excavation due to revised topographic information. Chanie Order Item Kaft Price QuantitE Total Amount Common Excavation Cu.Yd $1.13 9,101 $100284.13 SUB TOTAL C: $109284.13 D. WESCOTT STATION PARK Costs incurred for timber framed concrete steps. Change Order Item Unit Price Ouanti lotal Amoupt Restocking Fee Lump Sum $236.02 1 $236.02 SUB TOTAL D: $.236.02 L CARLSON LAKE PARK Additional sod due to the change from bituminous trail to turf trail. (Includes sod for hard court area) Change Order Item Unit Price Quantity Total Amount Sod Sq.Yd $2.75 502 $1,380.50 SUB TOTAL E: $.1,380.50 F. CARLSON LAKE PARK Addition of 5/16 minus crushed limestone due to the change from bituminous trail to limestone trail. Change Order item VAft hi-ce Quanti Total Amount 8' Wide LinYt $4.50 432 $1,944.00 Limestone Trail SUB TOTAL F: $1,944.00 11 G. CARLSON LAKE PARK Additional concrete sidewalk due to the change from bituminous trail to concrete sidewalk. Change Order Item blit ase Quantity l]gtal Amount Concrete Sidewalk Sq.Ft. $4.00 80 $320.00 SUB TOTAL G: $320.00 H. CARLSON LAKE PARK Additional hours for re -grading of embankment, West side of park. Change Order Item Unit Price ouantity Total Amount Dozer John Deere 550 Hr. $71.00 -6.5 $461.50 Laborer Hr. $30.00 1.0 $ 30.00 Lowboy (mobilization) Hr. $77.00 2.0 $154,00 SUB TOTAL H: $645.30 I. CARLSON LAKE PARK Additional hours for grading outside of construction limits. (Includes hard court removal) Change Order Item unit Price Opaati_yt Total Amount Loader Cat 966 Hr. X82.00 1.0 - $ 82.00 Dour John Deere 550 Hr. 71.00 3.0 213.00 Lowboy (Mobilization) Hr. 77.00 .2.0 154.00 SUB TOTAL I: $449.00 J. CARLSON LAKE PARK r Reinstall PVC drain tile. Change Order Item unit Price Opentity Total Amount PVC Drain tile Lump Sum $200.00 1 $200.00 12 SUB TOTAL J: $200.00 K. BURR OAKS PARK Furnish and install additional topsoil. Change Order Item unit [Lee Quantity Total Amount Topsoil Borrow Cu.Yd $7.60 425 $3;230.00 SUB TOTAL K: $.39230.00 L. BURR OAKS PARK Additional hours for grading adjacent to softball field. Change Order Item Unit Price OuantIIy Total Amount Dozer John Deere 550 Hr. $71.00 3 $213.00 SUB TOTAL L: $213.00 M. COVENTRY PASS PARK Additional work for mechanical rock picking for soil preparation. Change Order Item Unit Price Quantily Total Amount Soil Preparation Acre $110.00 6.4 $704.00 SUB TOTAL M: $704.00 N. WOODHAVEN PARK Furnish and install additional topsoil. Change Order Item )knit Price Quantity dotal Amount Topsoil Borrow Cu.Yd. $7.60 80 '$608.00 SUB TOTAL N: $608.00 1`\ 0. WESCOTT STATION PARK Additional hours for mobilization. Change Omer Item unit Lowboy (mobilization) Hr. ice uanti $77.00 .3 SUB TOTAL O: Total Amount $ 31.00 $231.00 DELETIONS: RESCRIPTION OF WORK: This change order includes the deletions of work to be'performed under Improvement Contract 90-1. The following items shall be deleted. AA. WESC07 T STATION PARK Delete labor and materials. for timber framed concrete steps. Chanee Order Item U P it E&ce Quanft Tbtal Amount Framed concrete steps Lin.Ft.. 564.20 30 $1,926.00 (Delete) SUB TOTAL AA:- $1,926.00 BB: CARLSON LAKE PARK Delete aggregate base for 8'. wide standard trail. Change Order Item Unit Price Quantitv Total Amount Aggregate Base LinXt. $2.60 1,385 $3,601.00 (Delete) SUB TOTAL BB: -'53,601.00 CC: CARLSON LAKE PARK Delete 2341 bituminous mixture wear course for 8' wide standard trail. Change Order It nit Price Quanti Total Amount Bituminous Trail UnYt. $2.72 1,385 $39767.20 (Delete) SUB TOTAL CC: -$:39767.20 DD. CARLSON LAKE PARK Delete 4" Class 5 crushed quarry rock for hard court. Change Order Item unit F[Lce ouantltv Total Amount Class 5 Rock Sq.Yds ' $2.40 178 $427.20 (Delete) SUB TOTAL_ DD: -$427.20 ai EE. CARLSON LAKE PARK Delete 1-1/2" 2341 Mod Bituminous mixture wear course. Change Order Item mit b:Lce v nt ft Total Amount 2341 Mod Bituminous Bq.Yds $3.50 178 $623.00 (Delete) SUB TOTAL E&46M.00 FF. CARLSON LAKE PARK Delete 1-11T' 2331 Bituminous miorture base course for bard court. Change Order Item Unit mice uanti Total Amount 2331 Bituminous Sq.Yds. $3.36 178 $598.08 (Delete) SUB TOTAL FF: -5898.08 GG. CARLSON LAKE PARK Delete installation of basketball standard, backboard and hoop. Change Order Item Unit Price Onantity Total Amount Basketball Standard Eacb $173.00 1 $173.00 (Delete) SUB TOTAL GG: -$173.00 HH. CARLSON LAKE PARK Delete materials and labor for 4" PVC solid drain toe (over payment) Change Order Item 'UnitQuantily 7bta1 i count 4" PVC Solid Drain toe Lin.Ft. $10.50 20 5210.00 (Delete) SUB TOTAL HH: -$210.00 CHANGE ORDER SUMMARY ADDITIONS: PART A $ SSS -00 PART B 281.00 PART C 109284.13 PART D 236.02 PART E 1ri80.50 PART F 1,944.00 PART G 320.00 PART H 645.50 PART 1 449.00 PART J 200.00 PART K 39230.00 PART L 213.00 PART M 704.00 PART N 608.00 PART O 231.00 TOTAL CHANGE ORDER ADDITIONS:+ $21,281.15 DELETIONS: PART AA $1,926.00 PART BB 39601.00 PART CC 31767.20 PART DD 427.20 PART EE 623.00 PART FF 598.08 PART GG 173.00 PART HH 210.00 TOTAL CHANGE ORDER DELETIONS: - $11,325.48 ORIGINAL CONTRACT AMOUNT $262,764.25 CHANGE ORDER #1 ADDITIONS + $21,281.15 CHANGE ORDER #1 DELETIONS REVISED CONTRACT AMOUNT • $117325.48 $272,719.92 a3 CHANGE ORDER #1 ][MPROVEMENT CONTRACT 90-1 AUTHORIZATION OF APPROVAL City of Eagan 3830 Pilot Knob Road Eagan, MN SS123 . MAYOR DATE Bituminous Roadways, Inc. 2825 Cedar Avenue South Minneapolis, MN SS407 ,CONTRACTOR DATE CITY CLERK E. I VanOverBeke DATE DISTRIBUTION Ken Vraa, Director of Parks and' Recreation Stephen Sullivan, Landscape Architect/Parks Planner Bituminous Roadways, Inc. Agenda Information Memo November 20, 1990 City Council Meeting J. Stipulation Agreements, Special Assessments, RJ. O'Neil, Project 443 Chung Storm Sewer) and Project 461 (Yankee Doodle Road - Streets)—Information on the stipulation agreements for the special assessments from the Oty Attorney's office will be sent out with Additional Information on Monday. aS Agenda Information Memo November 20, 1990, City Council Meeting VACATION - WESCOTT GARDEN LOTS A. Vacate Public Right -of -Way, Wescott Garden Lots (Cedar, Rodger & Birch Streets)- -On November 8, a public hearing was held to consider the vacation of dedicated public right-of-way within the original Wescott Garden Lots development as necessary to accommodate the proposed Woodlands North Addition development. However, due to the fact that the Woodlands North Addition final plat was not approved on November 8, this public hearing was continued to November 20 for further consideration. Enclosed on page _.72 is a graphic showing the rights-of-way to be vacated. Again, action on this item is dependent upon formal Council approval of the final plat for the Woodlands North Addition scheduled earlier under the Consent Agenda. All notices have been published in the legal newspaper and sent to all potentially affected property owners and utility companies informing them of the original public hearing. Staff did not receive any objections to these proposed vacations. Therefore, if the final plat is in order, it would be appropriate to take formal action on this petitioned request. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and, if a„^*n^rintP �r.^rope the vacation of portions of public rights -of --way for Rodger Street, Cedar Street, as described, authorizing the Mayor and City Clerk to A documents for recording. EXHIBIT C SKETCH OF -,EIGHTS OF WAY TO BE VACATED E'LY EXTENSION OF N'LY UNE --- LO � �O ,--SW CORNER CEDAR ST. '-NW CORNER �P LOT 2 M G�- �o LOT 3 L0T,/`17 TO BE VACATED LOT 1 S'LY EXTENSION -- _'E'LY �EXTEN 0 OF W'LY UNE OF S LY U E - BIRCH ST. R/W TO BE VACATED PREPARED OCTOBER 3. 1990 Agenda Information Memo November 20, 1990, City Council Meeting COUNTRY HOME HEIGHTS (STREET'S. STORM SEWER & STREETLIGHTS B. Project 605, Country Home Heights (Streets, Storm Sewer & Streetlights) --On August 7, 1990, the City Council held a public hearing to consider the installation of storm sewer improvements to service the Country Home Heights development under Project 595. As a result of comments received during that public hearing pertaining to the proposed storm sewer and other additional street improvements, the Council denied Project 595 (Storm Sewer) and authorized the preparation of a new feasibility report to consider the installation of street improvements along with storm sewer laterals and catch basins within the Country Home Heights development. Streetlights have also been included due to the economic benefit associated with installing them simultaneously with street improvements. This new feasibility report for Project 605 was presented to the City Council on October 2 with a ublic hearing being scheduled for November 20. Enclosed on pages,�� through ..Z is a copy of that feasibility report for the Council's information and review during the public hearing presentation by City staff. On November 13, an informational neighborhood meeting was held at City Hall to explain the details associated with this project to minimize the number of questions pertaining to information, thereby helping to facilitate meaningful discussion during the public hearing. At that meeting, the majority= of the property owners who spoke expressed an opposition to the proposed improvement. They requested that a petition submitted to the City on Septembe 10 be distributed to the Council as a part of this public hearing. Enclosed on pages throughis a copy of that petition alon with a graphic showing the lot location of the petitioners. Also enclosed on pages through � are copies of letters the City has received in regard to this project. If this project were to be approved, there was an interest to reduce the width of the street as much as possible. Staff explained the City's 32' standard for residential streets with a reduction provided for those streets that have less than 300 ADT (average daily traffic). Without a detailed traffic count analysis, it would appear that Inland Road and Vilas Lane could possibly qualify, for this reduced street width. Also, several property owners felt that the City should carry its proportionate share of the assessments for the five lots that comprise Country Home Heights Park. If this were the case, each lot equivalent assessment would be reduced to approximately $9,420, with the park's obligation assuming $47,085. While it was explained that financial obligations of public improvements to "neighborhood" parks are the responsibility of the adjacent neighborhood, the residents felt that this is being used more as a community park through scheduling of various recreational and athletic activities servicing the community as a whole. Enclosed on page # is a memo from the Director of Parks & Recreation regarding the proper classification and usage of this park. Also, there was a request from the property owners regarding the costs associated with City maintenance of the current gravel road section in this development. Enclosed on pages through * is a memo from the Public Works Director regarding this issue. 2 8 'l Agenda Information Memo November 20, 1"0, City Council Meeting In relationship to the estimated assessment obligation for each lot, a preliminary analysis was performed regarding the market value benefit to each lot. The preliminary results indicate that the benefit is less than the proposed assessment and, subsequently, would require some City participative financing. The staff will be available to further discuss the merits and details associated with this proposed improvement at the public hearing and answer all related questions as appropriate. ACTION TO BE CONSIDERED ON THIS ITEM: To close/continue the public hearing for Project 605 (Country Home Heights - Streets, Storm Sewer & Streetlights) and/or approve/modify/deny the project as presented and, if approved, authorize the preparation of detailed plans and specifications. * The referenced memos will be included with the Additional Information Packet on Monday. Report for Country Home Heights Storm Sewer and Street Improvements Project No. 605 Eagan, Minnesota October, 1910 File No. 49508 Sonestroo Aasefno And*rlik► Assoolates rs a AmW6wls st F" Uh--�oa- 3� Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Country Home Heights Storm Sever & Street Improvements Project No. 605 Our File No. 49508 Dear Mayor and Council: Keith A Gordon, P.E. Richard W Foster, RE Donald C. Burgarat. PE in A Bouroon, PE Mark A Hanson RE Tea K Fwic PE Mrcnae• T Rautmann. PE Room R PkAeft PE David O Loskota PE Thomas W Peterson PE Mrctwa C Lyric++. P€ James R Malaria. P.E. Kenneth P. Anderson, P.E. Mark R Rohs. PE Robe^, C Russek A r A Thomas E Angus PE Howara A Santora PE Dana J Eagerton PE Marc A Sep PE Philp J Caswer, PE lanae Martinez PE Mark D Wallis PE Thomas R Anderson. A to Gary F Rylander. PE Miles B. Jensen. RE L Phaiip Grave, n, PE Rene C Pru—.a A' A Agnes M Reny A 1 C P Jerry D Permscn PE Cecurc Drive, PE Chanes A Encicson Lec M PawersK Hann, M Orson Attached is our report for Country Home Heights Storm Sewer and Street Ir-- provements. The report presents and discusses the proposed utility improve- ments and includes a cost estimate and preliminary assessment roll. We will be pleased to meet with the Counci3 and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONES ROO, ROSE E, ANDERLIK & ASSOCIATES, INC. Mar. A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of t St to o M9unesote. Mark A. Hanson Date: October 1,_ 1990 Reg. No. 14260 Approved by • De artment of VubUeWorks RPT49508 2335 West Highway 36 9 St. Paul, Minneso as SS113 a 612-636-4600 Orto G Bones[roo. RE Bonestroo Robert . Rosene Joseph C. Rodenik. REJ -A Rosene Marvin L Sornaa PE RKhard E Turner PE `-M C C RE Anderlik & James G;,-,,.^, R Cookook PEE Thomas E Noyes PE Associates Roben G Schunr;nt PE Susan.M Eoertan C.PA Engineers 8 Architects September 28, 1990 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Country Home Heights Storm Sever & Street Improvements Project No. 605 Our File No. 49508 Dear Mayor and Council: Keith A Gordon, P.E. Richard W Foster, RE Donald C. Burgarat. PE in A Bouroon, PE Mark A Hanson RE Tea K Fwic PE Mrcnae• T Rautmann. PE Room R PkAeft PE David O Loskota PE Thomas W Peterson PE Mrctwa C Lyric++. P€ James R Malaria. P.E. Kenneth P. Anderson, P.E. Mark R Rohs. PE Robe^, C Russek A r A Thomas E Angus PE Howara A Santora PE Dana J Eagerton PE Marc A Sep PE Philp J Caswer, PE lanae Martinez PE Mark D Wallis PE Thomas R Anderson. A to Gary F Rylander. PE Miles B. Jensen. RE L Phaiip Grave, n, PE Rene C Pru—.a A' A Agnes M Reny A 1 C P Jerry D Permscn PE Cecurc Drive, PE Chanes A Encicson Lec M PawersK Hann, M Orson Attached is our report for Country Home Heights Storm Sewer and Street Ir-- provements. The report presents and discusses the proposed utility improve- ments and includes a cost estimate and preliminary assessment roll. We will be pleased to meet with the Counci3 and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONES ROO, ROSE E, ANDERLIK & ASSOCIATES, INC. Mar. A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of t St to o M9unesote. Mark A. Hanson Date: October 1,_ 1990 Reg. No. 14260 Approved by • De artment of VubUeWorks RPT49508 2335 West Highway 36 9 St. Paul, Minneso as SS113 a 612-636-4600 COUNTRY HOME HEIGHTS STORM SEWER AND STREET IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 505 TABLE OF CONTENTS Page No. TABLE OF CONTENTS 2. SCOPE 3. FIGURE NO. 1 - LOCATION PLAN 4- FEASIBILITY AND RECOMMENDATION 5. DISCUSSION 5. STORM SEWER 5. STREETS 7'• FIGURE NO. 2 - STORM SEWER LAYOUT a. STREET LIGHTS 9. EASEMENTS AND PERMITS 9• COST ANALYSIS 10. AREA TO BE INCLUDED 10. ASSESSMENTS 12. REVENUE SOURCES 14. PROJECT SCHEDULE 14. APPENDIX A - PRELIMINARY COST ESTIMATE 15. APPENDIX B - PRELIMINARY ASSESSMENT ROLL 17. FIGURE NO. 3 - STREET IMPROVEMENTS AND ASSESSMENT MAP FIGURE NO. 4 - STREET LIGHTING IMPROVEMENTS AND ASSESSMENT MAP RPT49508 Page 2 3)�- SCOPE: This project provides for the construction of storm sewer and street improvements in Country Home Heights. Country Home Heights is located in the northeast corner of Lone Oak Road (Co. Rd. 26) and Pilot Knob Road (Co. Rd. 31) and includes 84 residential single family homes. Country Home Heights is one of the older subdivisions in Eagan. Sanitary sewer and water utilities were constructed in 1970 (Project No. 49) to serve this area. Storm sewer and street improvements were not constructed as part of Project No. 49 except for reshaping the existing streets to their previous grade and the placement of a 4" thick gravel base. Since that time, the City has continued to grade the gravel streets and add additional gravel as required. In addition, the City in recent years has been adding a chloride treatment to the street surface to minimize dust and erosion. The project is proposed at this time based on the results of a public hearing for the proposed storm sewer project from Pilot Knob Road to Country Home Park (Project No. 595). At that hearing it was felt that if the storm sewer were constructed and the existing streets remained graveled, that the storm sewers would plug with gravel and not function properly. In addition, it would not resolve the erosion problems presently being experienced. Due to the fact gravel streets are not desirable in a fully developed residential area for these and several other reasons, the City Council elected to close the public hearing, deny Project No. 595 and order a new feasibility report for complete storm sewer and street improvements in Country Home Heights. Country Home Heights is the last residential subdivision in the City of Eagan with gravel streets. Listed below are a few of the many reasons why the City of Eagan requires bituminous streets, concrete curb and gutter and storm sewers in lieu of gravel streets in all its residential subdivisions: Page 3 RPT49508 3 QIw rilF The on-going grading and addition of gravel base. The on-going chloride treatment to minimize dust. The on-going erosion resulting from heavy rains. The difficulty in locating manholes and gate valves in emergency conditions. The blockage of existing culverts and storm sewers preventing proper drainage. The increase loading of sediment and silt in downstream ponding areas. FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering standpoint and is in accordance with the objectives established in the City's 1990 Comprehensive Storm Water Management Plan and Street Plans. The project can best be carried out as one contract. DISCUSSION Storm Sewer: The majority of storm water runoff from Country Home Heights is divided into two drainage areas. Drainage from the southerly area is present- ly directed through existing storm sewer pipe and overland drainage routes into Pond DP -15 within Poppler Homesteads Addition south of Lone Oak Road. Drainage from the central portion of the addition flows into a low area near Egan Avenue and Country Home Heights Park. The remainder of drainage from the addition is directed into existing storm sewer systems along Pilot Knob Road and Avalon Avenue. The proposed system will consist of both lateral and trunk storm sewer. Lateral storm sewer will be designed for a 5 year storm frequency while the trunk system will be designed for a 100 year storm frequency. Page 5 RPT49508 `� southerly Area Storm Sewer: The proposed southerly system would connect ►n existing 24" storm sewer on the north side of Lone Oak Road. From this 241, 21", 18", and 15" pipes would be extended north to the intersection irnside and Egan Avenues. several locations, areas behind the proposed curbs are too low to allow r to flow over the top of the proposed curbs into the streets. These areas it Lone Oak Road, along the east side of Egan Avenue, and at the intersec- of Burnside and Egan Avenues. For this reason, aprons and catch basins 3 be provided behind curbs to collect water from these low lying areas. The existing system that serves.the southerly area and outlets into the 24' storm sewer under Lone Oak RoRl consists of an 181 and 21° storm sewer along the east side of Egan Avenue but is located outside of the street right- of-way. It is proposed to investigate this system during the design phase of the project to determine whether or not it can be incorporated into the new system. This investigation would include determination of the pipe's capac- ity, televising to determine the condition of the pipe, and determination as to the feasibility of obtaining an easement over the pipe if it meets design criteria. For purposes of this report, it was assumed that the existing pipe would be replaced with a new storm sewer pipe except for the existing 24" storm sewer beneath Lone Oak Road to Pond DP -15 which is proposed to be utilized as a part of this project. B. Central Area Storm Sewer: As indicated above, the central area presently experiences flooding along Egan Avenue and within Country Home Heights Park. The area of flooding is designated as Pond HP -4 (Type C, a dry pond) under the City's Storm Water Management Plan but it presently does not have an outlet. The pond is further classified as a Storm Water Basin under the City's Water Quality Management Plan. Page 6 RPT49508 3(4� C. Lateral Storm Sewer: Additional lateral storm sewer would be constructed at the intersection of Avalon Avenue and Vilas Lane and at the Inland and Lone Oak Road intersection. Construction at these locations would involve collec- tion of surface water runoff in catch basins and storm sewer either into existing storm sewer in Avalon Avenue or the ditch along Lone Oak Road. D. Trunk Storm Sewer: The proposed improvements within this project for the central area would involve both lateral and trunk storm sewer construction. Lateral storm sewer from the central area of the addition would be constructed into a catch basin manhole within Country Home Heights Park (Pond HP -4). A 15" trunk storm sewer would then provide the outlet control from the manhole within the park to an existing 15" storm sewer within Pilot Knob Road. Pond- ing of storm water within Country Home Heights Park would occur from overland drainage and backup of water from the storm sewer system through the catch basin manhole in the park during heavier storms. E. Ponding: The trunk storm sewer would be designed in accordance with the City's Storm Water Management Plan without any changes to the designated NWL, HWL, or outflow rate of Pond HP -4. Pond design information for HP -4 are pre- sented below: Pond NWL HVL Storage Wet Volume Outflow HP -4 891.0 (dry) 896.0 7.6 ac.ft. 0 ac.ft. 3.0 cfs Streets: The existing streets within Country Home Heights are gravel. As part of this project it is proposed to improve these streets with bituminous and concrete curb and gutter. The street widths are proposed to be 32'. Because the streets have not been graded with gravel base placed to a design grade that anticipates future street construction, it is assumed for this Page 7 RPT49508 �:i7 PO -., Ono Or HALON AVE Country Home Heights Storm Sewer Layout City Project No. 505 5 0 5001 1000 Scale 3n feet Bonestroo a ra+..►. QMa,�e.et. n Aaaene Anderlik & Assoclates et r++A Yknreovir Date: Oct 1990 Comm. 4950 Fig- No. 2 1 report that the existing gravel cannot be effectively salvaged for reuse. As a result, grade changes will be required to match existing driveways and lawns. The proposed street section consists of 3" of bituminous and V of aggre- gate base. This section is typical for residential streets in the City. During the design phase of the project, soil borings will be taken to deter- mine the thickness of the existing aggregate base and the type of subgrade materials below the base. From this investigation a determination will then be made as to whether or not a different section can be constructed and/or some of the existing aggregate salvaged for reuse. Street Lights: Typical residential street lights do not exist in Country Home Heights. Many times when residential streets are improved with curb and gut- ter along with bituminous surfacing, neighborhoods subsequently petition for street lights. Because it would be most economical to install the underground wiring and street crossings with these street improvements, street lighting is proposed herein for consideration with this project. Northern States Power Company (NSP) would install 30 decorative residential street lights to serve the internal streets of Country Home Heights. The street lights would be installed where indicated on Figure No. 4. EASEMENTS AND PERMITS It is proposed to acquire a permanent utility easement from Lot 4, Block 5 of Country Home Heights to eliminate the need for removal of bituminous sur- face and concrete curb and gutter for the construction of trunk storm sewer to Country Home Park from Pilot Knob Road. The approximate area of this easement is 1,000 square feet. No ponding easement is necessary for Pond HP -4 since the pond is located on property that is a City owned neighborhood park. If Page 9 RPT49508 3>1 the existing storm sewer along Egan Avenue is determined to be in good condi- tion and has adequate capacity, permanent utility easements would be acquired from the properties where its located. It's presently assumed temporary slope easements will not be required for street construction. COST ANALYSIS A detailed cost estimate for this project is presented in Appendix A. The total estimated project cost includes 30x for legal, administrative, engineer, and bond interest. Following is a summary of the total estimated project costs: Lateral Storm Sewer $ 113,550 Trunk Storm Sewer 25,540 Street Lights 50,310 Streets 4726.90 TOTAL ESTIMATED PROJECT COST ...... $ 662,090 AREA TO BE INCLUDED Listed below are the properties proposed to be assessed and the construc- tion area of the project which are the same. Page 10 RPT49508 4b ASSESSMENT AND CONSTRUCTION AREA Country Home Heigh Block 1: Lots 2 & 3 Parcel 041-01 (Part of Lot 4) Parcel 051-01 (Lot 5 & Part of Lot 4) Block 2: Lots 1-4, 5, 7, & 9 Parcel 080-02 (Lot 6 & 8) Block 3: Lots 1-3 & 7 Parcel 050-03 (Lot 4 & Part of Lot 5) Parcel 051-03 (Part of Lot 5) Parcel 061-03 (Lot 6) Parcel 082-03 (Part of Lot 8) Parcel 081-03 (Part of Lot 8) & Parcel 010-50 (SW 1/4, Section 3) Block 4: Parcel 022-04 (Part of Lots 1 & 2) Parcel 023-04 (Part of Lots 1 & 2) Parcel 030-04 (Lot 3) Block 5: Lots 3, 4, 6, 8, 10, & 12 Parcel 020-05 (Lot 1 & Part of Lot 2) Parcel 051-05 (Lot 5) Parcel 151-05 (Lot 14 & Part of Lot 15) Parcel 152-05 (Part of Lot 15) Parcel 161-05 (Lot 16) Block 6: Lots 3-8 Block 7: Lots 1, 3, 5-8, 10, & 12-14 Parcel 041-07 (Lot 2, Part of Lot 4) Parcel 042-07 (Part of Lot 4) Parcel 090-07 (Part of Lot 9) Parcel 110-07 (Lot 11 & Part of Lot 9) Block 8: Lots 1-7, 9, & 11 Block 9: Lots 2, 4-6, & 8 SV1/4, Section 3: Parcel 030-51 Page 11 RPT49508 ASSESSMENTS A preliminary assessment roll is presented in Appendix B located at the back of this report. All project costs are proposed to be assessed against the benefiting properties in accordance with the following guidelines. Storm Sewer and Streets: It is proposed to combine the lateral storm sewer and street improvement costs ($586,240) and spread this cost on a lot equivalent basis to all lots that take direct access from these improvements. Those lots with double frontage, but taking no direct access from these improvements are proposed to be assessed a percentage of a lot equivalent. This percentage is determined by subtracting a 75' corner lot credit from the frontage adjacent to the improvement and dividing the result by the original dimension before the comer lot credit was applied. Listed below are the four parcels/lots proposed to be assessed a percentage of a lot equivalent and the determination of their lot equivalent. Lot Equivalent Block 5 Lot 4 (126.1-75 - 126.1 - 0.41) 0.41 Block 8 Lot 2 (140-75 - 140 - 0.46) 0.46 SW 1/4, Section 3 Parcel 031-50 (82.5-75 - 82.5 - 0.09) 0.09 The total number of lot equivalents is 61.96 which results in an estimated assessment of $9,461 per lot equivalent. The final lot equivalent rates will be revised based on the actual construction and overhead costs incurred for the project. Page 12 RPT49508 Street Lichts: It is proposed to assess the street light improvement costs ($50,310) on a per lot basis against all lots that will benefit from the improvements. The total number of benefiting lots is 71 which results in an estimated assessment of $709 per lot. The final assessment rate will be determined based on actual construction and overhead costs incurred for the project. In accordance with the City's Special Assessment Policy adopted on Decem- ber 13, 1977, proposed assessments against "neighborhood" parks are to be spread over the project's assessable area. Therefore, Lots 1 and 2, Block 6 and Lots 8, 10, and 12, Block 8 have not been assigned any lot equivalents for storm sewer, streets, and street lights. ESTIMATED ASSESSMENT: A typical estimated lot equivalent assessment rate is $10,170 ($9,461 + $709). Based on a 15 year assessment period and an estimated interest rate of 92, the following payments would result assuming a property owner elects to include the $10,170 assessment on their property tax statement: Cost Year Cost/Month 1st Year $1,593 $133 15th Year $ 739 $ 62 Page 13 RPT49508 L�3 L11 'ENUE _SOURCES Revenue sources to cover the cost of this project are as follows: Revenue Lot Equiv. Balance Project Cost Assessment City Funds Lateral Storm Sewer $ 113,550 $113,550 - 0 - Streets 472,690 472,690 - 0 - Street Lights 50.310 50,310 - 0 - TOTAL ............. $ 636,550 $636,550 -1 0 - ink Storm Sewer Trunk $__25, L40 TOTAL ............. $ 25,540 - 0 - -$ 25,540 The projected balance for this project is $25,540 which would be financed the City's Trunk Storm Sewer Fund. Trunk area assessments were previously Jied under project Nos. 28 and 177 over all affected properties. Present Feasibility Report Ilic Hearing prove Plans and Specifications ien Bids/Award Contract ►mplete Construction isessment Hearing :rst Payment Due with Real Estate Taxes PROJECT SCHEDULE ?T49508 Page 14 L4 October 2, 1990 November 20, 1990 February, 1991 March, 1991 August, 1991 September, 1991 May, 1992 A. STORM SEWER a.) Lateral 310 Lin.ft. 310 Lin.ft. 350 Lin.ft. 1,180 Lin.ft. 7 Each 22 Each 1 Each 1 Each 1 Each 2,150 Lin.ft. b.) Trunk 450 Lin.ft. 3 Each 1 Each 2,000 Sq.yds. 170 Cu.yds. 450 Lin.ft. RPT49508 APPENDIX A PRELIMINARY COST ESTIMATE COUNTRY HOME HEIGHTS STORM SEWER & STREET IMPROVEMENTS PROJECT NO. 605 24" RCP Storm sewer in pl. @ $30.00/lin.ft. 21" RCP Storm sewer in pl. @ $28.00/lin.ft. 18" RCP Storm sewer in pl. @ $24.00/lin.ft. 15" RCP Storm sewer in pl. @ $22.00/lin.ft. Std. MH w/cstg. in pl. @ $1,000.00/ea. Std. CB w/cstg. in pl. @ $900.00/ea. 21" RCP flared end @ $900.00/ea. 15" RCP flared end @ $500.00/ea. Connect to ex. 24" RCP @ $500.00/ea. Mechanical trench compaction @ $1.00/lin.ft. Total +51 Contingency +302 Legal, Engrng., Admin. & Bond Interest TOTAL.............................................. 15" RCP Storm sewer in pl. @ $24.00/lin.ft. Std. MH w/cstg. @ $1,000.00/ea. Connect to ex. 15" RCP @ $500.00/ea. Sod w/existing topsoil @ $1.30/sq.yd. Topsnil borrow @ $8.00/cu.yd. Mechanical trench compaction @ $1.00/lin.ft. Total +5I Contingency $ 9,300 8,680 8,400 25,960 7,000 19,800 900 500 500 2,150 $ 83,190 4,160 $ 87,350 26,200 $113,550 $ 10,800 3,000 500 2,600 1,360 450 $ 18,710 935 $ 19,645 +30x Legal, Engrng., Admin. & Bond Interest 5,895 TOTAL.............................................. $ 25,540 Page 5 q) B. STREET 10,000 Cu.yds. Common excavation @ $5.00/cu.yd. $ 50,000 10,20C Ton Class 5 aggregate base @ $5.00/ton 51,000 2,200 Ton 2331 Bituminous base course @ $11.00/ton 24,200 2,200 Ton 2341 Bituminous wear course @ $12.00/ton 26,400 255 Ton Bituminous material for mixture @ $160.00/ton 40,800 15,000 Lin.ft. B618 Concrete curb & gutter @ $4.80/lin.ft. 72,000 58 Each Driveway restoration @ $500.00/ea. 29,000 52 Each Adjust manhole & gate valve @ $150.00/ea. 7,800 23,000 Sq.yds. Sod w/existing topsoil @ $1.30/sq.yd. 29,900 1,900 Cu.yds. Topsoil borrow @$8.O0/cu.yd. 151200 Total $346,300 +5x Contingency 17,310 $363,610 +30% Legal, Engrng., Admin. & Bond Interest 109,080 TOTAL.............................................. $472,690 Page 16 RPT49508 APPENDIX B PRELIMINARY ASSESSMENT ROLL COUNTRY HOME HEIGHTS PROJECT NO. 605 Block 6 Lot 3-8 6 Page 17 RPT49508 4-1 Street/ Street Street Drainage Lights Lights Total Cost Lot Lots Cost Lot Assessment $9,461 2 $ 709 $ 20,340 Street/ 1 709 10,170 9,461 Drainage Parcel 709 10,170 $9,461 7 Lot Description $ 71,190 9,461 1 Equivalents COUNTRY HOME HEIGHTS 9,461 1 Block 1 10,170 $9,461 4 $ 709 Lot 2, 3 9,461 1 709 2 Parcel 041-01 (Part of Lot 4) 1 Parcel 051-01 (Lot 5, Part of Lot 4) 3 Block 2 709 10,170 9,461 1 -Lot 1-4, 5, 7, 9 10,170 $9,461 1 7 Parcel 080-02 (Lot 6) 1 1 Parcel 080-02 (Lot 8) 709 1 Block 3 1 $ 709 $ 709 $9,461 Lot 1-3, 7 709 4,588 9,461 4 Parcel 050-03 (Lot 4, Part of Lot 5) 1 Parcel 051-03 (Part of Lot 5) 1 Parcel 061-03 (Lot 6) 1 1 Parcel 082-03 (Part of Lot 8) 1 Parcel 081-03 (Part of Lot 8 & $9,461 Parcel 010-50: SWk, 709 Section 3) 1 Block 4 Parcel 022-04 (Part of Lot 1, 2) 1 Parcel 023-04 (Part of Lot 1, 2) 1 Parcel 030-04 (Lot 3) 1 Block 5 Lot 3 Lot 4 0.41 Lot 6, 8, 10, 12 4 Parcel 020-05 (Lot 1, Part of Lot 2) 1 Parcel 051-05 (Lot 5) 1 Parcel 151-05 (Lot 14, Part of Lot 15) 1 Parcel 152-05 (Part of Lot 15) 1 Parcel 161-05 (Lot 16) 1 Block 6 Lot 3-8 6 Page 17 RPT49508 4-1 Street/ Street Street Drainage Lights Lights Total Cost Lot Lots Cost Lot Assessment $9,461 2 $ 709 $ 20,340 9,461 1 709 10,170 9,461 1 709 10,170 $9,461 7 $ 709 $ 71,190 9,461 1 709 10,170 9,461 1 709 10,170 $9,461 4 $ 709 $ 40,680 9,461 1 709 10,170 9,461 1 709 10,170 9,461 1 709 10,170 9,461 1 709 10,170 9,461 1 709 10,170 $9,461 1 $ 709 $ 10,170 9,461 1 709 10,170 9,461 1 709 10,170 1 $ 709 $ 709 $9,461 1 709 4,588 9,461 4 709 40,680 9,461 1 709 10,170 9,461 1 709 10,170 9,461 1 709 10,170 9,461 1 709 10,170 9,461 1 709 10,170 $9,461 6 $ 709 $61,020 Street/ Drainage Street/ Street Street .rcel Lot Drainage Lights Lights Total !scription Equivalents Cost Lot Lots Cost Lot Assessment iUNTRY HOME HEIGHTS mock 7 Lot 1, 3, 5, 7, 13, 14 2,836 6 $9,461 6 Lot 6, 8, 10, 12 10,170 709 10,170 $ 709 4 Parcel 041-07 (Lot 2, Part of Lot 4) 1 Parcel 042-07 (Part of Lot 4) 1 Parcel 090-07 (Part of Lot 9) 1 9,461 1 Parcel 110-07 (Lot 11, Part of Lot 9) 1 9.461 1 Block 8 Lot 2 0.46 9,461 Lot 1, 3-7, 9, 11 8 9,461 8 Block 9 Lot 2, 4, 5. 6, 8 5 $9,461 5 SW 1/4, SECTION 3 Parcel 030-51 0.09 9,461 1 TOTAL ................. 61.96 $586,240(1) 71 5,240 - Lateral Storm Sever ($113,550) + Street ($472,690) 8 Page 18 $ 709 $ 61,020 709 2,836 709 709 709 709 •709 10,170 709 10,170 $ 709 $ 5,060 709 81,360 $ 709 $ 50,850 709 1,560 $50,310 $636,550 R Typical Section R 14' 16' 16' r 14' L 8618 Conc. 1 1 1/2" 2341 Bituminous Curb & Gutter 1 1/2" 2331 Bituminous 6" Class 5 Aggregate Base oto -s1 o2o-s13P'S F 2 ,o^ A1/ALON A Country Hone Heights Street Improvements and Assessment Map City Project No. 605 1 P 0 IN M*0111 f` • 1 LOT EQUIVALENT ! ® PARTIAL LOT EQUIVALENT 1082-03 w 0 400 800 o8-1 -o3 e iiia Scale in feet 9onostroo Enpfnsers &Architects OEM Rveerte Anderllk Q Aswelates at. r.ul, wimWears .00 Date: Oct. 1990 Comm. 49508 �9• N�• a3 off' CE PARK VALON AVE Country Home Heights Street Lighting and Assessment Map City Project No. 605 Sa 00, ASSESSMENT 1 LOCATION 0 400 800 Scale in feet n9wo.r. QArchltwe:e Bc+ne,troo Romme Anderlik & Assoalatem St P" e1nneweda Date: Oct. 1990 Fl No. Comm. 49508 9• ' DATE 7 P i / (I % We, the undersigned residents We, the undersigned residents of Country Home Heights do not of Country Home Heights Want want improvements such as improvements such as storm smarm sewer, blacktop and curb sewer, blacktop and curb in in our addition. our addition. Name and Address ! 3 In R //41.0le& 5j 04 A7 y��f Name and Address 1 7 61 1 /T L � 2 3 4 5 r, 6 71:)/ 12 13 �ishv'C� 14 ��ld► 111 "P 15 x.16 17 7 6 9 10 11 12 13 14 15 16 17 FW DATE �k-lft. '--4 , k9CO) We, the undersigned residents We, the undersigned residents of Country Home Heights do not of Country Home Heights Want want improvements such as improvements such as storm storm sewer, blacktop and curb sewer, blacktop and curb in in our addition. our addition. Name Ind Address 2 3 -t' 4 5 6 7 -xz- CJ, 9 10 2,1 12 13 15 16 17 Name �n� Addyess 2 3 4 5 6 7 10 11 12 13 14 15 16 17 DATE S-e-Vt • %'A > >0�0\ 0 We, the undersigned residents We, the undersigned residents of Country Home Heights do not of Country Home Heights Want want improvements such as improvements such as storm arm sewer, blacktop and curb sewer, blacktop and curb in in our addition. our addition. Name and Address Name and Address + 1 2 L` 4 �'��`'",�4 Mail 5 401% s$14•1 5 6;�, �� 6 P-, n 15,04 Citi-. C c tin 7 9 9 10 10 12 12 13 13 14 14 15 15 16 16 17 17 S DATE q I i 0�01 0 We, the undersigned residents We, the undersigned residents of Country Home Heights do not of Country Home Heights Want want improvements such as improvements such as storm ME-= sewer, blacktop and curb sewer, blacktop and curb in in our addition. our addition. Name and Addyes Name and Address 2 2 r. 3 3 4 4 �5 5 Ilk /6 6 7 Al 9 10 10 12 12 13 '14 13 14 15 16 17 5- 11 1 $_ m I ptLow OAK LOT I EAGANDALE CENTER//' kkSTRIAL PAR N 7 BLOCK .......... A& 6 ..... 4 ..........4 042-0 • 022 • - • 4 ....... ...... ............ .......... ......... I ...... RESIDEN" -AGAINST STREET As 'IMPROVEMENTS 01 RESIDEN* ----- FOR STREET ............. IMPROVEMENTS Co. STATE AID Neal Black 2625 Vilas Lane Eagan, MN 55121 Nov. 15, 1990 Mayor and Councilmen City of Eagan Regarding : -Vro ject No.X05 Dear Sirs and Madam: We support Project No. 605 for the following reasons: It will reduce the dust from the present streets. It will alleviate water problems in the neighborhood. It will upgrade the neighborhood. It would have been cheaper to do it in 1972 when water and sewer was put in but the residents opposed it then. It is cheaper to do it now than it will be in 5 or 10 years and it is inevitable that streets will be ordered built in the neighborhood. While there would seem to be some inequities in the way the cost Is being spread (on a lot basis rather than on a front foot basis) it appears that they even out and this is probably the fairest way to spread the cost over the residents of the neighbood. Our annroval includes the street lights, as well as the storm The street lighting is badly needed. SU Peg and Neal Black 2816 Beam Lane Eagan MN 55121 Nov. 16, 1990 Thomas A. Colbert Director of Public Works L gene Van Overbeke City Clerk Gentlemens l LVO The purpose of this memo is to address the proposal #605 for Country Home Heights Improvements. First of all, I would like to state that I an a long time resident of Country Home Heights, having moved here to my present address in November 1957. My wife and I settled here because of the rural atmosphere. Pilot Knob Road was a 2 -lane gravel road, some present streets in Country Home Heights did not even exist and a large portion of our area was planted in corn each year and farmed by Mr. Oster, Mr. Shields and Mr. Trapp. We all had water wells, individual septic systems too, which were retired because of a problem in only a few of the home sites but which inspite of the residents stand against was implemented. Some of us are still bearing the cost of this assessment both the principle and interest because of inadequate personal funds to cover the cost of the project. Now comes project #605 which together with the county budget proposal promises to make the cost of living in Country Home Heights more difficult for some of us. Some specific statements regarding the proposed project ares o I have not yet seen an acceptable fiscal justification for this $662K plus proposal. What are the long term money/cost advantages, if any? o There are only usually a couple of days of most, not all, spring seasons when melting snows make Fgan Avenue impassable. And even then, the community uthis temporary pond that fills the park axes as a recreational site for canoe paddling. o The water is gathered by the soil rather than run off through storm sewers to the Minnesota River. Some home owners still make use of their wells to irrigate lawns and gardens. The water table can use the support of natural seepage. R A pump station would be required to lift the drainage flow over Pilot Knob Road unless very deep trenches are cut, which adds to the cost of the project. And, ghat assurance would there be that the springtime snow melt would even flow down to the sewer because of frozen inlets? If street closings are a giant problem, if even for only a few days, due to high water in April or Hay, it seems more sensible to me, in my judgement, to raise the level of the road at those locations --- primarily Egan Avenue and the junction of Bean Lane and Fairlawn Place, rather than take on an extensive and expensive sewer and road paying project. Street lighting is intended to do what? khat proof is there that the recent upsurge in burglaries could/would have been prevented or reduced with lighting of the proposed type? What real advantages are there vs the expense of installation and maintenance? The above are what I see as facts. They are not statements of the emotions of the residents. On the emotional side are suer concerns as apparent unresponsivness of city councils in general to the wishes are the majority of the residents of the communities in marry of these kinds of proposals. Certainly, council members can be voted out of office but the damage will already have been done without recourse. New members soon fall into the same unresponsive mode themselves. khat we need is honest determination of the real need for this project not just an improv- ment which may make Country Home Heights look like the newer sections of Eagan, and at the cost to unwilling community residents. We are not a community in need of urban renewal! We are in this country governed by a republican form of government wherein we elect officials to use their best judgement to act for us. If this governing 'body chooses to vote against the peoples majority wishes, it seems reasonable that this governing body be able to present conclusively why their decision is the better one - - and that the population, in general, be convinced. Much has beer said about the proposal is coming from just two "influential" families. I doubt that this in itself is reason enough to take on this project. If we must be further encumbered by "improvement" costs, let them be absolutely and undenyably a necessity. The proposed project #605 is not one of these. Sb 3 To Messrs. Colbert and Van Overbeke cont'd --- I do not recall the decision regarding proposed project #595 but if the $57K project #+595 depends on the approval and completion of proposed project #60§, lets not throw good money away just to achieve another project. It would be better, in my judgement, to waste $57K rather than add an additional $660K for an unnecessary project. REJECT PROPOSED PROJECT #605. Sincerely, C. Robert Ginsburg, Jr. / (Chairman of the former bxgan Civic Association) Agenda Information Memo November 20, 1990 City Council Meeting A. Conditional Use Permit, Safety Kleen, to Allow Outdoor Storage in a LI District on Lots 3 and 4, Block 1 --Community Development is requesting a continuance of the conditional use permit for Safety Kleen until the November 8 City Council meeting. The reason this item was originally continued at the October 2 meeting was to allow staff to address a number of environmental issues with the applicant relative to any problems that might occur if a tank should leak or be struck by a tornado or some other natural disaster. Enclosed on pages through is the Community Development Department report. The City Attorney has raised a number of excellent questions which Community Development is coordinating with the applicant. For a copy of uestions that were raised by the City Attorney for coordination by staff, refer to pages [ through ( . ACTION TO BE CONSIDERED ON THIS ITEM: To continue further consideration of the Safety Kleen conditional permit application until the November 8 City Council meeting. SPECIAL NOTE: Additional information has been requested of the applicant, however, it has not yet been received. Therefore, this item has been recommended for continuance. '� 0 SUBJECT: CONDITIONAL USE PERMIT APPLICAN'T: SAFETY-KLEEN CORPORATION LOCATION: 3227 TERMINAL DRIVE EXISTING ZONING: LI (LIMITED 1TIDUSTRIAL) DATE OF PUBLIC HEARING: SEPTEMBER 2S, 1990 DATE OF REPORT: SEPTEMBER 17, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow for outdoor storage of two "six pack" storage tank farms. Each tank fair.-, vii: contain six 20,000 gallon above -ground storage tanks for a total capacity of "40.000 callers. BACKGROUND: The Safety-Kleen Corporation of Elgin, Illinois is an international compary whose customers are primarily engaged in automotive repair, industrial mainterar:e and dry cleaning. The Safety-Kleen facility in Eagan has been operating fo. app"c)C,ma:ely five years and is involved in the ' accumulation and storage of spent materials. Safety-Kleen received City Council approval for a Conditional Use Permit to a'lovti m C 1:.000 gallon above -ground storage tanks on September 3, 1985. The waste is shipped to a rec cle center and then returned to customers as usable product. No process:nz is done at the Safety-Kleen site; materials are gathered and stored at the site, then shipped to a recycling center. Hours of operation for the facility are Monday thr oLZg:: Friday. 6:30 a.m. to 6:30 p.m. Nine to fifteen route vans travel daily from the sen -ice center to customers and back. A tanker truck and box trailer dispatched from the rec%,cle center will visit the facility about once a week. CO'%iNIENTS: The storage in the proposed tanks will be combustible, but not flammable. Some tanks will hold oil, some will hold Glycol, and the remaining tanks will bold water tainted with chemicals. Staff has worked with the applicant to obtain site improvements that can be provided simultaneously with the applicant's expansion plans. The folloving list illustrates the proposal by phase and estimated completion date: Phase 1: One new six pack tank farm, road, curb and stone - fall 1990. Phase ILA: 2nd new six pack tank farm and more storage building. Pending storm sewer easement vacation. Ce ( Phase 2: Landscape and pave lot 3 and upgrade lot 4 - spring 1991. Phase 3: Construct accumulation building, paving and new entries - summer 1991. Phase 4: Construct return and fill building - 1992. Because this operation is a storage facility and not a processing facility, the main concern is that the proposed construction shall be able to safely contain any possible spills. It would be appropriate for the applicant to provide the City written approval from all County, and State agencies that govern the storage of the proposed materials prior to any building permits being issued for this site. The developer has applied for a grading permit from the City to perform the grading and drainage work necessary to construct Phase I and Phase IA of the site improvements. The development %%-ill be required to convey all surface water runoff from the new parking lot improvements to the City storm sewer to be constructed under City Project #578. The parking lot of the development shall be upgraded to include concrete curb and gutter and bituminous or concrete surfacing. City staff will review the parking lot layout to verify that it v -i'.1 meet the City's standards for access and circulation. Before am g-ading of the site is to occur, silt fencing shall be placed to control erosion of the steer slopes along the north end of the site. If ap rc-,ed. this Conditional Use Permit shall be subject to the following conditions: 1. The storage tanks shall be installed in accordance with the City Fire Marshal recommendations and shall meet standards set forth by any State or County regulator? agency. 2. 'Written approval by the Pollution Control Agency, any other applicable agency, of the construction and retention capabilities of the structures shall be submitted prior to any tank construction. 3. Landscape plan shall be submitted, approved, and implemented together with an adequate Landscape Bond not to be released until one year after the landscaping has been completed. 4. The development will be required to upgrade the parking lot to current City standards and convey all surface water runoff from the new parking lot improvements to the City storm sewer. s• 11"r FINANCIAL OBLIGATION - 8 -.CU -14 -&go - SAFETY SEEN 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 None Project Use �3 Rate Quantity Amount $0 z � ccodil 6 t,*4j 000 e ot4 /,*Aw 6 4LA loe rLO44 NE w - Ws -E • rrrr.+wt+- rAty, r Mw _ .4 �•ou�w� all DC LB l •:1. ri M _D_III •� •�' D.n s Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES September 25, 1990 COXDITIOXAL DON tS1k1iIT - BAFIITY-KLZZN Chairman Graves opened the next public hearing for the evening regarding a conditional use permit to allow outdoor storage in an LI (Light Industrial) district on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park located in the Southeast Quarter of Section S. City Planner Jim Sturm presented the staff report to the Planning Commission. Mel Jansek (JEK Architects) stated he represented the developer and had been working with staff. He said the facility was for storage only and no processing took place. Chairman Graves asked if the traffic volume was low on the site. Mr. Jansek replied yes. Member Merkley asked for the difference between the terms combustible and flammable. Mr. Jansek explained that flammable materials would explode and that combustible materials would burn but not explode. He then explained that all materials on site were nonflammable. Mr. Voracek asked what safety precautions had been taken in the event of a spill. Mr. Jansek explained that the EPA governed their operation and explained that the storage tanks were made of concrete with an additional concrete dike around it. He further detailed the methods used to prevent any spills or leaks. Miller moved, Voracek seconded, the notion to approve a conditional use permit to allow outdoor storage in a LI (Light Industrial) district on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park located in the Southeast Quarter of Section 8, subject to the following conditions: 1. The storage tanks shall be installed in accordance with the City Fire Marshall recommendations and shall meet standards set forth by any State or County regulatory agency. 2. written approval by the Pollution Control Agency and/or any other applicable agency of the construction and retention capabilities of the structure shall be submitted prior to,any tank construction. 3. A landscape plan shall be submitted, approved and implemented together with an adequate landscape bond not to be released until one year after the landscaping has been completed. Ct � page 5/EAGAN ADVISORY PLhNNING COMMISSION MINUTES September 25, 1990 4. The developer will be required to upgrade the parking lot to current City standards and to convey all surface was runoff from the new parking lot improvements to the City storm sewer. All vote: in favor. PRELIKINXTY PLhT - WMLZR ADDITION Chairman Graves opened -the next public hearing for the evening regarding a preliminary plat consisting of a four lot subdivision of approximately 2.6 acres of R-1 (Single family) Residential coned land north of Skyline Road in the Southeast Quarter of section 4. City Planner Jim Sturm presented the staff report to the Planning Commission. Valerie Heller, 1475 Skyline Drive, (owner) briefly described the project and stated that the assessments were forcing development. Chickie Bronan had questions regarding easement restrictions. Assistant City Engineer Mike Foertseh explained the restrictions. Member Merkley said that it looked like a fine development and requested that three additional conditions be added as referenced in the staff report. Member Voracek had questions regarding building pad compaction. There was more discussion concerning soil stability and developer liability for inadequate building pads. Member Voracek stated that he was concerned with future purchasers. He then asked if there would be any extra standards required of the homes as they were in the flight pattern of the airport. City Planner Sturm stated that these extra standards were only required in multi -residential units. Miller moved, Trygg seconded, the notion to approve a preliminary plat consisting of a four lot subdivision of approximately 2.6 ages of R-1 (Single Family) Residential toned land north of Skyline Road in the Southeast Quarter of Section 4. subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July lo, 1990 shall be complied with: Al. B1, B2, 83, C2, E1, fl, Gi and H1. Lq S EVERSON, WILCO% & SHELUON, P.A. L Q=& 5EVER50N• i0614LE5 F. SHELDON A PATRICK WILCOX* TEkZNCE P. DURKIK MICHAEL G.DOUGHERTY WCHAEL E. MOLENDA•' PAUL J. STLIM •il,ib LICENSED Iti IOWA @*PAW LICENSED IN WISCONSIN o -AM LICENSED W NIMPASKA October 5, 1990 Dale Runkle City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, AN 55121 Dear Dale: A PROFESSIONAL ASSD A71ON A7 MRNEY5 AT LAW 00 hEWWAY NATIONAL SANK BUILDING 'Am WEST 147TH STREET APPLE VALLEY, M.INNL.SJTA 66124 021 432-8116 1LLEFAX NIMER 432.3790 KENNETH R HALT. `SCOTT D JOHNST)x JOSEPH P EARLE1 LORE! M SOLFF,S7 CHRISTINE M SCOTILLC ANNETTE M MARGARIT DANIEL M SHERIDAN (W rC)LNQEI JOHN' E % LIKEI.10 I am listing below an outline of items which are necessary to review the Safety Kleen conditional use permit application for the addition of 12 storage tanks and 240,000 gallons of waste. Some of these items may have already been covered by Safety Kleen, but it seemed that the Council wanted a complete review. 1. What are the soils and geology of the area? What is the hydrology of the area? 2. what specifically are the liquids to be stored? What chemicals are involved? What are the expected amounts and volumes? What is the period of storage? How are the materials classified with respect to hazardous or nonhazardous? (commercial, industrial or residEntial?) 3. what is the facility design, the tank design, the retention holding design, the length of life of the construction materials? What are the liner and vault designs, if any? 4. What are the acceptance and handling procedures? What are the testing procedures for the facility? Wbat are the record procedures for the facility? What is the security for the facility? What is the outside testing capacity for the City at the facility? ' 5. With respect to the Storm water Management Plan, ghat is: a. the collection and containment system; b. the testing system; e i Dale Runkle October 5, 1990 Page Two ce the discharge system; and d. the outside monitoring system? G. What are the safety and emergency operations procedures? 7. What are the environmental impacts of construction, operation, and closure of the facility? B. What provisions are made for tank replacement, repair and maintenance? 9. What are the closure and post -closure care plans? 10. What financial responsibility and assurances does the City receive from Safety Kleen and how are those implemented? 11. What violations, citations or notices of deficiency has Safety Kleen or any of its subsidiaries received from any state, federal or foreign government or agency? 12. What is the expected traffic volume and safety record of carriers? I think these would be reasonable questions to start and the people to whom I'm copying this letter may have additions or revisions to the list either now or after the responses from Safety Kleen. Please let me know how you would like to proceed in this matter. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. James F. Sheldon JFS/djk cc:. -Tor Hedges Jim Sturm Tom Colbert Agenda Information Memo November 20, 1990 City Council Meeting SPECIAL USE PERMIT/CUB FOODS B. Special Use Permit, Cub Foods, to Allow Temporary Outdoor Sales of Mini -Donuts in Cub Foods' Parking Lot --At its meeting of November 8, 1990, the City Council considered an application received of DuWayne Johnson for a special use permit to allow the temporary sales of mini -donuts in the Cub Foods parking lot. This item was continued to the November 20, 1990 City Council meeting to permit the applicant an opportunity to be present in this regard. For additional information in this regard, please refer to the Community Development Department staff report which is enclosed on page -_ for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit to allow the temporary sale of mini -donuts in the Cub Foods parking lot located at 1940 Cliff Lake Road. 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. '6' Agenda Information Memo November 20, 1990 City Council Meeting VARIANCE/WATER HEATER INNOVATIONS C. Variance, Water Heater Innovations, Inc., 3107 Sibley Memorial Highway for a 14' Variance to the 20' Side Yard Setback --At its meeting of November 8, 1990, the City Council considered a variance application from Water Heater Innovations to permit a 14' variance to the established side yard setback of 20' for the construction of two storage silos at the company's facility at 3107 Sibley Memorial Highway. Council directed staff to meet with the applicant to review the location being requested and address concerns about loading the silos from the street. The item was continued to the November 20, 1990 meeting to facilitate this meeting. Staff met with the applicant on November 14. Upon discussion, staff and the applicant were unable to identify a feasible alternative location for the silos at this site. They were able to address the loading concerns, however, and have identified means by which this can be accomplished from within the property rather than in the street. For additional information regarding this application, please refer to the Community Development Department staff report which is enclosed on pages 2 through 3_L for your review. ACTION TO BE CONSIDERED ON THIS feet to the 20' side yard setback for Water Sibley Memorial Highway as presented. ITEM: To approve or deny a variance of 14 Heater Innovations for their facility at 3107 K E M O R A N D U X TO: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: MIKE RIDLEY, PROJECT PLANNER DATE: NOVEMBER 15, 1990 RE: VARIANCE WATER HEATER INNOVATIONS, INC. On November 14 at approximately 9:00 a.m. Arnie Erhart, Superintenant of Streets/Equipment, and I met with Ron Ionnelli of WHI. We reviewed plans depicting the layout of the operation and walked through the plant and around the perimeter of the building. Based on this review, the following conclusions were reached: 1. Locating the storage silos on the south side of the building is not possible due to the plant layout. 2. Locating the silos on the west side is prohibited by overhead electrical lines, Fire Department standpipe, and existing loading docks. 3. The silos could be placed on the east side of the building without a Variance, however this is the front of the building and the applicant does not wish to detract from the aesthetics of the building frontage along Highway 13. Based on the above, the only viable place to locate the silos is along the north side of the building. The hardship of this request is that aside from putting the silos on the front of the building, the north side, is the only possible location. Project Planner MR/js 10,13 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'. CO SII IENTS: 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. Currenthv, 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: I. Applicant will work with staff and provide additional landscaping on site. 2. All other applicable Ordinances are met. bw UL ow MORTGAGE LOAN SURVEY FOR ya IPARt 01' SCHOCI j d MQDSON, INC r 1w�rM1fuwulN FwpOO ttl� WIw '10 VI ► {IL AbOx/N 'k-- h[TC PAD % _/4'xZBI 1S M 1. rr,. 1. iw,rr... rr•.•lr w•Y, r.....+� r w r •. r•..r ✓ r. wr.r r �... w.•r. w w w w.r. r..r mow. rr.•. r r s.• r. v ��rr w w. r w. �• � wrwnun, M 1M M r L•rr..,, I•I• . w ►..•r•., w• tay rr •.• •! • Year w t✓YM•W yr �I Y�.y Yr M rsrrr••• I rmir Bulk Storage Silos IMCS bulk storage silos could be the best in- 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 ali steel silos. This is a top quality industrial silo, made for industrial uses. ! '.7 A silo is only a part of the bulk materials handl- ing system. IMCS offers a wide ranee 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 takeaway boxes and auger discharge systems. And IMCS can provide expert service, with a fac- tory trained crow 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 petting your system Installed and operational as quickly as possible. Most of our systems are installed within sixty days of the date we Te Give the order. P1 Agenda Information Memo November 20, 1990 City Council Meeting PLANNED DEVELOPMENT AGREEMENTW. O'NEIL PROPERTY D. Finalization of Planned Development Agreement, R.J. O'Neil Property --At recent meetings, staff was directed to address a condition of the O'Neil Planned development agreement regarding access to the property from the west and the relationship of the O'Neil development to the Lance property. The Community Development Director and City Attorney have discussed this matter at length with attorneys for the O'Neils and, at the present time, they are recommending that this condition not be pursued as a part of the planned development agreement, but be addressed as part of the platting process. For additional information regarding this matter, please refer to the memorandum from Community Development Director Runkle which is enclosed on page "71 and the most recent draft of the land development agreement which is enclosed on pages _?_R through a - ACTION TO BE CONSIDERED ON THIS ITEM: To finalize and approve the O'Neil planned development agreement excluding the condition concerning the west access to the Lance property within the planned development or provide staff direction in this regard. I � TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 14, 1990 RE: 1; DATE N O'NEIL PLANNED DEVELOPMENT AGREEMENT As you may recall, during the last two Council meetings there was discussion regarding a condition in the O'Neil Planned Development Agreement. This condition dealt with the access to the west, the Lance property. The original condition in the Planned Development nt Agreement stated that access shall be provided to the west. condition was reaffirmed approximately two meetings ago. A review of this condition with the attorneys for the O'Neil Planned Development has indicated that this condition is not agreeable within the Planned Development Agreement, however they would consider potential access in the future and may be negotiated between Lance and the City as more detailed plans are reviewed. Through a review of this P.D. Agreement, staff was trying to eliminate a potential conflict, or issue, as we got into the detailed planning and platting of the property. The condition stating that this access be required with the Planned Development would be easy to insure when platting occurs. It is suggested leave the condition out of the Planned Development Agreement and wait until platting occurs. When discussing this provision with the City Attorney, it is the feeling that the Planned Development is a zoning document which spells out land use and general concepts as to how the general area will develop. It would not be until the platting occurs that dedication requirements and access issues would become a concern. Therefore, requiring the access dedication with the P.D. may be p=emature and this would then become a platting issue where access may, or may not, become a requirement depending on the detailed plan at the time of platting. Staff does not feel we are giving up the concern would be regarding con ern atthe , however it is the time of specific ed in the pocess and development plans and platting of the property. This should update the council on any new issues advise.ing he P.D. Agreement and if you have an concerns, please Commun ty Development Director DR/ j s 34110690\15690\005 IG -02 ao, PLANNED DEVELOPMENT AGREEMENT O'NE1L PROPERTY THIS AGREEMENT, made this . day of _M, 1990, by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter the "City") and ROBERT J. O'MEIL AND GRACE M. O'NEIL, of St. Paul, Minnesota (hereinafter the "Applicanti'). F11D14*VIN &I WHEREAS, Applicants are the owners of property located East of I -35E, North of Yankee Doodle Road and West of Lexington Avenue within the City of Eagan, County of Dakota, State of Minnesota, legally described as set forth on Exhibit "A", (herein the "Property"); and WHEREAS, pursuant to a settlement of Applicants' lawsuit against the City in Dakota County District Court, File No. 100106, the City rezoned the Property to the Planned Development District and approved a Preliminary Development Plan, Exhibit "l3"(herein "Preliminary Development Plan") ; and WHEREAS, the parties hereto did thereafter enter into a Settlement Agreement dated May 4, 1988 in furtherance of the settlement of said lawsuit, which Settlement Agreement, among other things, included the City's acknowledgment that the uses proposed for the Property in an amended Preliminary Develop- 1"Applicants", as used herein, shall include Robert J. O'Neil, Grace M. O'Neil and their respective heirs, successors, Iransferees and assigns. MIJ ment Plan, Exhibit 'C"(herein "Amended Preliminary Develop- ment") are reasonable; and REAS, said Settlement Agreement further provides that (i) Applicant would apply to the City Council for its formal approval of the Amended Preliminary Development Plan; and (ii) the City Council would initiate an appropriate amendment to its Comprehensive Guide Plan to reflect the uses identified in said Amended Preliminary Development Plan; and WHEREAS, Applicant did on January 14, 1988 submit an application to the City Council for rezoning of the Property to the Planned Development District in accordance with the Amended Preliminary Development Plan, but subject to certain conditions as set forth in Exhibit "Wand 'E" (herein jointly referred to as the "Additional Conditions"); and WHEREAS, the City Council did on October 3, 1989 amend its Comprehensive Guide Plan to change the designation of the Property from D -III (Mixed Residential) to CPD (Commercial Planned Development), subject to certain conditions; and WHEREAS, the Metropolitan Council did on January 11, 1990 approve said amendment to the City's Comprehensive Guide Plan, subject to certain further conditions; and WHEREAS, the parties hereto have negotiated further changes in the Amended Preliminary Development Plan which are reflected on a final development plan, Exhibit 'F, (herein -2- Finalized Preliminary Development Plan"); and WHEREAS, this Planned Development Agreement is intended by the parties to set forth the conditions and standards under which the Applicant may develop the Property in accordance with the Finalized Preliminary Development Plan. NOW, THEREFORE, In consideration of the mutual covenants stated herein, the parties agree as follows: 1. Incorporation of Recitals. The recitals contained above herein are hereby expressly incorporated in and declared to be a part of this Agreement. 2. Obligation of the Applicant. The Applicant agrees that it will develop the Property in conformance with the Eagan City Code, with -the Finalized Preliminary Development Plan and the Additional Conditions. 3. Condition Regarding Traffic (Average Daily Trips): Except as otherwise provided or as modified in paragraph 4 below, the Applicant agrees to limit its development/improve- ments upon the Property in such a manner that the total Average Daily Trip (ADT) generated from the proposed uses of the Property will not exceed 8,690 vehicle trips per day, as calculated by the City and/or consultants.2Applicant further agrees that, prior to development of the Property, it will 2The calculation of ADT shall be based upon the most recent edition of "Trip Generation", published by the Institute of Transportation Engineers. satisfy all requirements of the Minnesota Pollution Control Agency in connection with the issuance of Indirect Source Permits, to include traffic and/or environmental studies. The City agrees to undertake its obligations under the indirect source permitting process in a timely manner so as not to unduly delay development of the Property. 4. Obligations of the City: The City hereby approves the Finalized Preliminary Development Plan subject to the conditions set forth in paragraph 3 above, and the Additional Conditions, and further agrees to cooperate in the approval of any site plan and final plats as may be necessary to implement the same; provided, however, that this Agreement is not intended to abrogate the process for approving the Finalized Preliminary Development Plan for the Property pursuant to Chapter 11 of the City Ordinances, Section 11.20, Subd. 8 and Section 11.40, Subd. 6. The City agrees that it will use its best efforts, in an expeditious fashion, to prepare, approve, and implement a traffic plan for the Yankee Doodle Road corridor. One of the express purposes of such traffic plan shall be to timely implement the necessary transportation improvements, including the consideration of the widening of Yankee Doodle Road to eight lanes, and to provide an implementation schedule to allow the Property to be fully developed and generate traffic volumes as would normally be expected to occur in a development with the land uses illustrated on the Finalized Preliminary Development Plan. It is understood and agreed that the ADT limit shall be modified or eliminated as permitted by MPCA and Met Council. 5. Events of Default and Remedies: i) The term "Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: (a) Failure by the Applicant to observe or perform any covenants, condition or obligation contained within this Agreement or within the City Code, within sixty (60) days after written notice to the Applicant specifying the failure and requesting that it be remedied (or within such longer period as the parties may agree in writing). (b) Failure by the Applicant to commence construction of improvements pursuant to the Finalized Development Plan within five (5) years of the date of this Agreement. However, the five year term shall be extended by such length of time during which Applicant is prevented from commencing construction due to the ADT limitation described in Paragraph 3 above. The approval of a final plat on any portion of the Property shall, upon written notice from the Applicant, automatically extend the time to commence construction by a five (5). year period for the entire Property. In the event of a Default under this Section 4(i)(b)., the Default shall apply only to that portion of the Property upon which construction of improvements or structures have not commenced. The Applicant may request an ?3 extension of this Agreement directly from the City Council when the Applicant is prevented from or delayed in implementing the Finalized Preliminary Development Plan because of factors not under its control. Consent by the City Council shall not be unreasonably withheld and need not be confirmed or approved by the Metropolitan Council. ii) Whenever a Default referred to in this section occurs, the City may take one or more of the following actions, with respect to the Property or any portion thereof which is in default: (a) Initiate rezoning of the Property (or any portion thereof) which is in default to a zoning classification consistent with the land use designation for the Property shown in the adopted Comprehensive Guide Plan of the City of Eagan referred to above. The applicant hereby waives any right to object to such rezoning. (b) Declare null and void any building and site plans or Development plans approved pursuant to the Planned Development Ordinance and pursuant to which Applicant has failed to commence construction of improvements within the applicable period. (c) Refuse building or other permits for portions of the Property upon which applicant has failed to commence construc- tion of improvements within the applicable period. (d) Take whatever. action at law or in equity as may appear necessary or desirable to the City to enforce perform - Y �/ ance and observance of any obligations, agreements or covenants of the Applicant under this Agreement. iii) The term "event of default by the City" shall mean, whenever it is used in this Agreement, (unless the context otherwise provides) a failure by the City to observe or perform any covenant, condition or obligation under this Agreement on its part to be performed or fulfilled, within thirty .(30) days after written notice to the City specifying the failure and requesting that it be remedied (or within such other period as the parties may agree in writing). Whenever any event of default by the City occurs, the Applicant may take whatever action at law or in equity may appear necessary or desirable to the Applicant to enforce performance and observance of any obligation, agreements or covenant of the City under this Agreement. 6. Notice & Demands: A notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, and addressed to the party and its attorney at the address listed below. Either party may designate another address for receipt of notice under this section by designating in writing, and forwarding such writing, to the other party as provided in this section. -7- m In the case of the City, notices shall be mailed to: City of Eagan Attention: City Administrator 3830 Pilot Knob Road P.O. Box 21199 Eagan, Minnesota 55121 In the case of the Applicant, notices shall be mailed to: Robert and Grace O'Neil 2040 Edgcumbe Road St. Paul, MN 55116 7. Amendment: This Agreement may be amended in writing from time to time as the parties shall mutually agree. Furthermore, the plans, standards, stipulations, and other information constituting the Finalized Preliminary Development Plan and Additional Conditions, may be amended upon applica- tion by the Applicant and approval of the City pursuant to Eagan City Code. Amendments to the Finalized Preliminary Development Plan and Additional Conditions, once approved, shall become part of this Agreement, fully binding upon the parties, as if fully set forth herein. 8. Exhibits: The exhibits attached hereto and incorporated herein and made reference to are made a part of this Agreement. The exhibits are: Exhibit A Legal Description Exhibit B Preliminary Development Plan Exhibit C Amended Preliminary Development Plan Exhibits D, E Additional Conditions Exhibit F Finalized Preliminary Development Plan -8- 9. Successors & Assigns: This Agreement shall be binding upon and insure to the benefit of the parties and their respective successors and assigns. 10. Recording: This Agreement shall run with the Property and may be recorded in the Office of the Dakota County Recorder or Registrar of Titles. APPROVED AS TO FORM: CITY OF EAGAN a Minnesota municipal corporation APPROVED AS TO CONTENT: Community Development Department BY: Thomas A. Egan Its: Mayor By: E. J. VanOverbeke Its: City Clerk ROBERT J. O'NEIL Grace M. O'Neil -9- STATE OF MINNESOTA COUNTY OF ) )ss. On this day of , 1990, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E.J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectifvely the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality -by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. STATE OF MINNESOTA )-ss. COUNTY OF Notary Public The foregoing instrument was acknowledged before me this day of , 1990, by ROBERT J. OINEIL and GRACE M. O'NEIL, husband and wife. Notary Publ THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 MGD -10- The east two/thirds of the southeast quarter of the southwest quarter except beginning at the southwest corner north 558.73 feet right 90 degrees 30 feet to the beginning continuing east 208.73 feet right 90 degrees 208.73 feet right 90 degrees 208.73 feet right 90 degrees 208.73 feet to the beginning except 75/100ths acres contained in Parcel 65 of State Trunk Highway Right of Way Plat No. 19-44, Section 10, Township 27, Range 23 (Parcel No. 10-01000-010-56); 0 The South half of the northwest quarter of the southeast quarter of Section 10, Township 27, Range 23 (Parcel No. 10-01000-010-76); AND The South half of the southeast quarter except the north 208.72 feet of the east 264 feet and excepting the south 165 feet of the north 703.72 feet of the east 264 feet and excepting the south 165 feet of the north 373.72 feet of the east 264 feet, Section 10, Township 27, Range 23 (Parcel No. 10-01000-010-77). EXHI T "A" IF==] M�l UNI IAV MG.LDMXSI EXHIBIT nB" v *s�: 3f�(7Mi/M No1TMix� I I Li .t. . . q1 EXHI IT "C" L._ y- ` IL ►iii ? O � � a t o� *s�: 3f�(7Mi/M No1TMix� I I Li .t. . . q1 EXHI IT "C" L._ y- ADDITIONAL CONDITIONS 1. In the event that Yankee Doodle Road is proposed to be widened to eight lanes, the preliminary plat of the Property will provide enough land to accommodate four lanes for Yankee Doodle Road from the centerline of the existing road. The City shall not require Applicant to donate any more land for such expansion of Yankee Doodle Road than is normally required by the City's Subdivision regulations. Any land required in excess of such donated amount shall be acquired by the City or County through eminent domain proceedings or negotiated purchase in lieu thereof. 2. It is understood that nothing herein shall prohibit Applicant from separately final platting portions of the Property pursuant to Paragraph I.G. of Exhibit E. EXHIBIT "D" 9�)- Planned Development CITY OF EAGAN MARCH 1989 q3 Exhibit "E" - PURPOSE - The purpose of this report is to provide guidance to Robert J. and Grace O'Neil from -the City of Eagan in the preparation of their Planned Development. The Planned Development is located at the northeast quadrant of Yankee Doodle Road and Interstate 35E. This report was prepared by Eagan Planning Staff with assistance from the City's Planning Consultant Urban Planning do Design, Inc. and the City's Attorney - McMenomy and Severson. March 1989 TABLE OF CONTENTS I. Administrative Procedures A. Procedure B. Exhibits C. Comprehensive Plan Amendment Dr State Agency Review E. Public Hearings . F. Planned Development Agreement G. Platting. II. Permissible Use A. Table of Permissible Uses B. Additional Permitted Uses III. Dimensional Requirements A. Lot Area and Width B. Building & Parking Setback C. Floor Area Ration (FAR) D. Maximum Building Height E. Accessory Building Setback F. Impervious Surface do Open Space IV. Landscaping A. General Concept B. Preservation of Existing Trees C. Ponding Areas and Steep Slopes D. Street Boulevards E. Individual Lots F. Buffers G. Parking Areas H. Cost of Landscape Materials I. Irrigation System J. Landscape Bond K. Type of Landscape Materials M. Freeway Overlay District Landscaping V. Streets and Pedestrian Ways A. General Design B. Access to External Streets C. Entrances to Public Streets D. Pedestrian Circulation VI. General Design Criteria A. Concept B. Site Design C. Architecture and Building Materials D. Protection of Natural Areas E. Lighting F. Signage G. Parking H. Drainage and Utilities I. Public Safety 9s TABLE OF CONTENTS PAGE 2 VII. Exhibits A. Preliminary Draft of Agreement B. Boundary Survey and Legal Description C. Sketch Plan or Preliminary Plat D. Land Use Designation Map E. Traffic Anaylsis Study F. Floor Area Ration G. I-35 E Overlay Plan H. Staging Plan I. Pedestrian Circulation Plan J. Landscape Manual H. Signage Manual L. Lighting Manual M. Architectual Design Manual - 3? m— -- tn 9 tn h �� i V W = -im Jc [mV Wit, C J J - - an Uand UOIu�ixa1 -.3 co c ►� J 1. ase. 1 B I. ADMINISTRATIVE PROCEDURES A. Procedure It is expected that the O'Neil Planned Development Would be prepared in accordance with the requirements of Section 11.20 Subdivision 8 "Planned Development District" and Section 11.40 Subdivision 6 "Planned Development" as contained in the Land Use Regulations (zoning) of the City of Eagan. B. Exhibits and Text for "Preliminary Development Plan" The list of exhibits that are expected to be prepared by the If Owner and submitted as a part of the application for the Planned Development are listed in Section VII of this report. C. Comprehensive Plan Amendment has rted which has Is- iC jj� ,, w, a eeess a Comprehensive Plan Amendment/t r-&*Cke Se TE ogi Council .mer -a taws-tha-C=AI i1 Planned Beve apee*t- beemen--s # edtc►-tom-C�tg-ss descrrbed above. D. State A_sency Reviews All Minnesota State Agency reviews shall be required and processed in the normal canner as required by Minnesota Statutes which shall include the preparation and processing of a E.A.W. E. Public Hearings Tire --rAha44 .leas is - be✓i�r:_ire F�a�mi� i s-sri� oc� fie- -rr int- � Daw�.,te��raz grcpVsal - m:i+te& fol tyre-E� �lti�-Trro�re-rte--�ke-4; s ty-►r s } } a}so-he}d-s-pe+b�}e-hear#-m-the -asere-S}ae-€ae-psspe$es-e€ as Reiieeiag•+►"Ce■pselrssfirwr ].Q•ew :sea%=is s•ah*=GI NeiI property. F. Planned Development Agreement A Planned Development agreement will be executed by the City after the same has been submitted and signed by the O'Neils containing all of the appropriate information normally contained therein. The Planned Development agreement would be executed just prior to the approval of the rezoning by the City Council. This would follow action by the Planning Commission. cad-tire-revue-aero-kip-tae-�4atsopolitan Canncii- G. Platting A preliminary plat(s) may be processed with the approval of the Planned Development or it may follow approval thereof. I AThe Preliminary Plat process shall provide the following: i (1) The area involved in a Planned Development shall be encompassed by a preliminary plat even though final platting for individual parcels within the Planned Development may extend over a period of several years. (2) The City may waive certain preliminary plat requirements because of the extended time over which actual platting may occur. (3) The Preliminary Plat shall be prepared in accordance with the City's Subdivision Regulations related thereto. (4) The Preliminary Plat shall include a detailed traffic analysis as deemed necessary by the City to guide preparation of the plat. (5) For any area where new development will create a corresponding need for new public facilities, the means of financing for said new facilities shall be resolved before Final Plat and Final Development Plan are approved by the City. 4 (6) Final Plat(s) may be prepared for the entire Planned Development area or for portions of the Planned Development area as development occurs. (7) A Final Plat shall not be approved by the City until after approval of the Planned Development Agreement. II. Permissible Uses A. Table of Permissible Uses The "Table of Permissible Uses" lists uses by land use designation, that are allowed as permitted, conditional or accessory use. No structure or land shall be used for any other use except for "uses deemed similar" by the City Council which is provided for in the Zoning Code or as provided by the "additional use description" below. B. Additional Uses Permitted and Regulations In addition to the "Permissible Uses" table, certain other uses are permitted or regulated as follows: (1) Over-the-counter retail sales is permitted in the Limited Industrial and Roadside Business areas provided a maximum of ten percent (10%) of the gross sq. -ft. of a multi -tenant building is used for retail sales. (2) Retail sales and personnel service uses are permitted as accessory uses with a motel or hotel such as barber or beauty shop, newspaper & magazines or gifts. (3) In Block 6 a maximum of five (5) acres may be used for Neighborhood Business (NB) uses-. The remainder shall be used for Limited Business (LB) uses. (4) In the Community Shopping Center (CSC) areas, the area for outside storage and/or sales of new or used trucks or automobiles shall not exceed three times (3x) the total area (square footage) of all buildings on site. O'NEIL PLANNED DEVELOPMENT TABLE OF PERMISSIBLE USES P = Permitted, C = Conditional Use, A = Accessory COMMERICAL USES COMMERCIAL DISTRICTS i L.B. ! N.B. ! C.S.C. ! R.B. ! L.I. ANTENNAS: SATELLITE DISH RECEIVERS A A A A A AUTO: GASOLINE SALES - ; C P C C MINOR REPAIR, SERVICE - C ; P ; C ; P MAJOR REPAIR, AUTO BODY, - ; - ; - - ; p UPHOLSTRY MASH - P P P P SALES, NEW & USED INDOOR - - P - P SALES, NEW & USED OUTDOOR - - - ; - C RENTAL - - P P - ANIMAL: SMALL CLINIC - ; P ; P - P LARGE CLINIC - - - - P INDOOR KENNELS - P P ; - P OUTDOOR KENNELS- INCENERATION - P P ; - ; P BUS TERMINALS: ' PASSENGER PICKUP ONLY P P P P P WITH STORAGE AND REPAIR - - ; - - P BANKS AND SAVINGS & LOANS: BUILDING ONLY ; P P ; P ; P ; - DRIVEUP SERVICE P P P P - BILLBOARDS: - CEMETERIES: HUMAN ; P P P - - ANIMAL/PETS P P ; P - ; - CLINICS: HUMAN CARE P P P ; - - CLUBS AND LODGES: PRIVATE - P P - PUBLIC - P P ; - - COMMERCIAL RECREATION: ; INDOOR - P ; P ; - ; P OUTDOOR, ARCHERY, PISTOL - OUTDOOR, MOTOCROSS, GOLF, - - C - - WATER SLIDE ; CONTRACTORS YARDS: e i INDOOR - - i P - e P OUTDOOR STORAGE - ; - ; C - ; C COMMUNITY CENTERS: P P P - - ATHLETIC CLUBS: ; INDOOR - P P P P OUTDOOR - C P - C CONVENTION HALLS: - - P P ; P CAFETERIAS: - P P P - CAR WASH: 1.- P P P P DAY CARE CENTER: P P P - - DRY CLEAN & LAUNDRY SERVICE - P (0 P A - Page 2 COMMERICAL USES COMMERCIAL DISTRICTS L.B. N.B. C.S.C. r R.B. L.I. DRIVE-IN: FAST FOOD, LIQUOR, BANK ; - ; P P - EQUIPMENT RENTAL: INDOOR ; - - ; P ; - ; P OUTDOOR STORAGE ; - ; - ; C ; - ; C FAST FOOD RESTAURANT: ; - ; P ; P - GREENHOUSE & NURSERY: INDOOR ONLY ; - ; P ; P - OUTDOOR SALES OR STORAGE ; - ; - ; C - FLORAL SHOP: - ; P ; PGROCERY: ; - P ; P - ; - HELIPORTS: ; - ; - ; C ; C ; C HOSPITALS: ' HUMAN CARE ; - ; - ; P - ANIMAL CARE ; - ; - ; P i - i P LABORATORIES: MEDICAL, DENTAL, RESEARCH INDOOR ; C ; P ; P - ; P OUTDOOR ; - ; - ; C ; - ; C LIQUOR: ' OFF -SALE ; - ; P ; PON SALE INCLUDING BEER & WINE ; - ; P ; P ; P ; - MANUFACTURING: PRIMARY USE ; - ; - ; - ; - ; P INCIDENTIAL TO PRIMARY USE ; - ; - ; P ; - ; P LOTTERY TICKET SALE: INDOOR ; - ; P ; P - DRIVE UP ; - ; C ; P - MARINE: INDOOR SALES AND SUPPLY ; - ; - ; P ; - ; P OUTDOOR SALES OR STORAGE ; - ; - ; C - ; - NURSING HOMES: ; P ; P ; P - MEAT LOCKER PLANT: ; - ; - P - MEAT SALES (RETAIL): ; - ; P ; P - MOTEL, HOTEL OR APT. HOTEL: NOT EXCEEDING 3 STORIES ; - ; - ; P ; P ; OVER 3 STORIES ; - ; - ; P ; P ; - OPEN SALE LOTS: ; GARDEN SUPPLY, MARINE, AUTO, ; TRUCK ; - ; - ; c - MACHINE SHOPS: ; - - S - ; - ; P PLUMBING, HEATING & ELEC.: INDOOR SALES OR SHOWROOM ; - ; - ; P ; - ; P OUTDOOR SALES OR STORAGE ; - ; - ; C ; - ; C OFFICES: S ; ADMINISTRATION, PROFESSIONAL, MEDICAL & GOVERNMENT ; P P ; P ; P ; P PERSONAL SERVICE: BARBER, BEAUTY, TANNING ; - ; P ; P ; A ; - PRINTING: SMALL SCALEIPUBLIC RETAIL SER.; - ; P ; P - PARKING: ' SERVING PERMITTED USE ; A ; A ; A ; A ; A E-10 (03 COMMERICAL USES P COMMERCIAL DISTRICTS P 1 — — , P L.B. ! N.B. 1 C.S.C. R.B. L.I. FEE, STORAGE OR RENTAL ; - ; - - - C ; - - RAMP- 1 _ ' - P ' - , C STORAGE: P P S PP , 1 PRIVATE COMPARTMENTS - - ; - ; - P OUTDOOR LOTS - - C - C SPORTS ARENAS: ' 1 - - C— 1 P - - STUDIOS: DANCE, ART, MUSIC, AEROBICS INDOOR MUSEUMS: INDOOR ; RENTAL: SMALL EQUIPMENT -INDOOR ; OUTDOOR STORAGE ; VIDEO: S AMUSEMENT DEVICES — INDOOR ; OUTDOOR VEHICLE SALES: INDOOR. OUTDOOR RELIGIOUS SCHOOLS: ; RESIDENTIAL USE FOR SECURITY ; ONLY: REPAIR: SMALL ENGINE, BICYCLE,LAWN ; MOWERS, ETC. VENDING MACHINES: RESTAURANT: CLASS I CLASS II ; TRADE SCHOOLS: TRAVEL SERVICE: TRUCK SALES & SERVICE: INDOOR OUTDOOR TRUCKSTOP: TRANSIT STATIONS: S PASSENGER PICKUP ONLY STORAGE OR SERVICE STONE A MONUMENT SALES: MORTUARY: BOTTLING WORKS: RETAIL SALES: OVER THE COUNTER SALES OF ; PRESCRIPTION DRUGS, SPORTING ; GOODS, APPARELL, GIFT,CAMERAS.,; JEWELERY, HOUSEWARES, ART ; SUPPLIES, LOCKSMITH,MAGAZINES ICE CREAM, CANDY, BAKERY, BOBBY, FRAMING,PAPER PRODUCTSt: PAINT, WALL PAPER, FURNITURE, VARIETY STORE, TOBACCO, SHOES RECORDS & CASSETTES, T.V. do STEREO, AUTO SUPPLES A APPLIANCES. WHOLESALE CLUB/DISCOUNT STORES; P ; P P 1 � P 1 / P 1 — — , P - - 1 1 A — P 1 - - , C . - - A A ' P 1 1 p P P P P , 1 1 , 1 , 1 , 1 1 , P P C P Page 3 P P - P - C - - A — 1 A 1 P A 1 p 1 _ - , 1 ' - , C - 1 P P - A A ' P 1 1 p P P P P , 1 1 , 1 , 1 , 1 1 , P P C P Page 3 P P - A — A P A — P P - P - P PP , 1 - 1 1 1 , P- I P C— 1 1 C 1 1 _ ' ' P ; P P 1 1 1 1 1 _ P - - 1 _ 1 p . 1 �O4 8 Page 4 COMMERICAL USES COMMERCIAL DISTRICTS L.B. N.B. C.S.C.-I R.B. 'I L.I. POSTAL SERVICE: ' SMALL PERSONAL SERVICE - P P A - GOVERNMENT - P P - - BINGO PARLOR: ; - ; - ; P - MOVIE THEATRE: INDOOR - ; - P - CATALOGUE STORES: ; - ; P ; P - - FLEA MARKET: - SIDEWALK SALES: 3 DAY LIMIT - A A - LUMBERYARD: ' INDOOR - P ; P ; - P OUTDOOR SALES AND STORAGE - - C ; - ; C OFFICE -SHOW ROOM ; MINIMUM 20% GROSS BLDG. FOR OFFICE - - - - P WAREHOUSING - - - - P tl �C �c �v �& C R *— cry —rn E� 90C ,rnN war - Z CD co O l9 lU 1L� an uand u01buixa-j �t m H. E-13 O r- V III. DIMENSIONAL REQUIREMENTS Within the Planned Development, user shall meet the following minimum requirements, where requirements are not specifically stated, the minimum requirements of the Eagan Zoning Code and Subdivision Regulations shall be met. A. Lot Area and Width 1. Lot area: Minimum 5 acres except that smaller lots may be approved as a part of a minimum 5 acre Planned Development area. 2. Lot width: Minimum 100 feet. B. Building & Parking Setback 1. Building setback along public streets: Minimum 50 ft. along Interstate 35 E property line, Co. Rd. 28 (Yankee Doodle Rd.) and Co. Rd. No. 43 (Lexington Ave.). Minimum 35 ft. along internal public streets. 2. Building setback for other yards: Minimum side and rear yard setbacks for particular zoning district as required in Zoning Ordinance. 3. ParkinE lot setback: Minimum 20 ft. along public streets and Interstate 35 E property line. 4. Parking restriction: There shall be no parking within the 50 ft. setback area between the actual building and the Interstate 35 E property line, Co. Rd. 28 (Yankee Doodle Rd.) and Co. Rd. No. 43 (Lexington Rd.). C. Floor Area Ratio (F.A.R.) The maximum floor area ratio (FAR) that is permitted for each block is shown on attached Exhibit F. With the approval of the City Council, the maximum FAR permitted for any block may be increased provided a corresponding reduction occurs in .another area of the Planned Development and a corresponding shift in traffic can properly be accommodated. This shall be subject to the approval of the City Council. D. Maximum Building, Height The maximum permitted building height for buildings over 35 ft. above grade shall be determined by a conditional use permit procedure as set forth in the Zoning Code at the time the building is constructed. E-14 ( O l yr �•G I• _J - wg '0 W in in O W r 4AC ES E,Lp, 1 0:J J�Oj 1 anuanv uo�uIxa,1 4 Z .Q: o ' 1; 1 ' `o r r - oaf Q CNO 'O o �I r • 1 l� x+[10 � � .� o 4 0 "WQ 0a -0. � A In `Q i 1 Aa C L._ E-15 c E. Accessory Building Setbacks The setbacks for all accessory buildings shall be the same as those setbacks established herein for principal buildings or as otherwise provided in the Zoning Ordinance. F. Impervious Surface and Omen Space The following requirements shall be met for the maximum percentage of impervious surface and minimum percentage of open space provided on each lot. This computation shall be for the "base lot area". Said "base lot area" shall be the portion of the lot remaining after subtracting land separated by natural or man-made features from the main part of the lot such as ponding areas or steeper slopes (over 12% grade). Minimum Percent Maximum Percent Use Designation of Open Space** of Impervious Surface* i N. B. 30% 70% L. B. 35% 60% C.S.C. 30% 65% R. B. 35% 60% I-1 25% 75% * Includes surface covered by buildings, parking areas and driveways. ** Includes that area not covered by buildings, parking, driveways which may be utilized for landscaping. IV. LANDSCAPING A. General Concent A detailed landscape plan(s) shall be prepared for areas within the O'Neil Planned Development that are not covered by parking, driveways or buildings. The detailed plan(s) shall be prepared by a Landscape Architect registered in the State of Minnesota and shall show at a minimum, the size, species, type and quantity of all plant materials and groundcover. With the initial development, the applicant of the Planned Development shall prepare a landscape manual for the O'Neil Planned Development. B. Preservation of Existing Trees Mature existing trees (over 12 inches caliper) shall be preserved to the maximum extent possible. All other quality existing trees shall be preserved whenever pratical and possible. All "mature trees" or clusters of quality trees shall be identified on the preliminary plat prior to any approval of a grading plan by the City. No excavation or other subsurface disturbance may be under- taken within the drip line of any tree 12 inches in diameter or more, and no impervious surface (including, but not limited to, paving or buildings) may be located within 12 1/2 feet (measured from the center of the trunk) of any tree 12 inches in diameter or more unless compliance with this subsection would unreasonably burden the development. For purposes of this subsection, a drip line is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground. C. Ponding Areas and StejR Slopes Natural vegetation surrounding existing ponds and covering steep slopes shall remain undisturbed and shall be pro- tected from potential adverse affects from development In addition, the Landscape Plan(s) shall provide for enhancement planting where warranted and shall provide for suitable groundcover and plantings for all man-made retention ponds or drainage ways. D. Street Boulevards Along both sides of all newly created streets the developer shall either plant or retain sufficient trees so that in the boulevard or other areas as the City may direct there is for every 30 feet of street frontage at least an average of one decidous tree that has or will have when fully mature a trunk at least 12 inches in diameter. When trees are planted by the developer pursuant to this section the type, size and tree species shall be approved by the City. E. F. G. H. I. J. K. The Landscape Plan shall also provide for suitable berming and groundcover along the street boulevard. Said Landscape Plan and corresponding performance shall be a part of the platting and street construction. Individual Lots At a minimum, Landscape Plans shall be prepared for each 5 acre area for which a general site plan is required prior to any development. This plan shall establish the general framework and may require further detail when each specific development is approved. Buffers Landscape buffers shall be provided in accordance with the requirements of the Zoning Code in effect at the time a specific development is approved. Parking Areas Shade trees, shrubs or goundcover shall be provided in accordance with the requirements of the Zoning Code in effect at the time a specific development is approved. A minimum of three (3%) percent of the total land area within a parking lot shall be landscaped. Minimum Size Requirements of Landscape Materials Individual lot landscape plans shall meet minimum size requirements of the Zoning Code in effect at the time a specific development is approved. Irrigation System A suitable irrigation system shall be designed for approval by the City, as a part of the Landscape Plan(s). Said irrigation system shall provide for suitable irrigation -of all open spaces and shall be installed with the planting of landscape materials. Landscape Bond A suitable landscape bond, shall be provided to insure planting and maintenance of landscape materials as required by the Zoning Code in effect at the time a specific development is approved. Type of Landscape Materials The City shall have the right to reject any unsuitable landscape materials either at the planning stage or during construction. L. Freewav Overlay District LandscaDin,g Landscape Plans and installation shall be in accordance with the Zoning Code requirements in effect at the time an effected development is approved. At a minimum the following materials shall be planted in the area adjacent to Interstate 35 E as shown on Exhibit G. (1) Areas of Visual Penetration: Screening of these areas is two phased: (a) Adjacent to right-of-way an evergreen screening shall be planted of double row Black Hills Spruce (picea glauca densata) twenty feet on center in a thirty foot landscape frontage. At least twenty- five feet, adjacent to right-of-way, of this frontage shall be planted with a naturalized groundcover (Eagan mix) and accent shrubs. (See the following descriptions.) To allow more site design flexibility an alternative screening is possible. In a fourty foot landscape adjacent and parallel to the I -35E right-of-way, 50% of the area can be impervious. A continuous length no greater than sixty-five foot impervious area shall be interupted with canopy trees. As in the previous screening, a double row of Black Hills Spruce (Picea glauca densata) shall be planted twenty feet on center. A minimum of twenty foot naturalized groundcover (see Eagan Mix) and accent shrubs (see accent shrubs) shall be planted in this area. (b) Site landscape plans in this district and where penetration occurs, shall show canopy trees of which 60% shall be indigenous species. Where possible these trees should develop lines of depth on the site parallel to the right-of-way. 1 (2) Naturalized Groundcover (Eagan Mix) A minimum of twenty feet adjacent to the right-of-way shall be planted to a low maintenance groundcover. The base of this groundcover shall be Blue Alfalfa (Medicago sativa) interplanted with naturalized wildflowers. Leadplant (Amorpha canescens) Smooth Aster (Aster laevis)- Aromatic Aster (Aster oblongifolius) Berganot (Monarda fistulosa) Chicory (Cichorium intybus) E-19 [( C -- V,A Falk VAII ONst. I - WE cc 0 cc 0 V a LAJ CL 4 L) z cn 0 (cr_ I d z Ux . ................ ZI cc • > tu E=20 B (3) Accent Shrubs Into this groundcover selected shrubs shall be planted. The density and selected shrub types shall be per design, but no less than one shrub per ten square yards. The following accent shrubs shall be selected: Amur Maple (Acerginnala) Tree Form Smooth Sumac (rhusglabra) Hardy Shrub Roses Horizontal Junipers, Maney, Hughes or Pfitzer (4) Berms Berms shall not be constructed totally in the evergreen screening area. This area may be a part of a larger screening land form. N V. STREETS AND PEDESTRIAN CIRCULATION A. B. C. D. General Desi n Public streets shall be provided as shown on the Land Use Plan map - Exhibit D. Additional internal public streets may be developed as more detailed plans are approved as a part of platting each area. Public streets shall be developed in accordance with the provisions of the City Subdivision Ordinance and other applicable Ordinances. Access to External County Roads No direct access shall be taken from individual lots to Co. Road No. 28 (Yankee Doodle Road) or Co. Rd. No. 43 (Lexington Ave.). All plats shall be subject to review by the Dakota County Plat committee. Entrances to Public Streets All driveway entrances and other openings onto City streets shall be approved by the City. In so far as to be practical, driveway entrances shall be shared by adjacent uses in order to reduce the number of driveways. Said shared access shall be planned as a part of the minimum 5 acre Planned Develop- ment area required herein. Pedestrian Circulation A "Pedestrian Circulaiton" plan shall be prepared as an exhibit with the initial submittal of the O'Neil Planned Development to the City. Said plan shall be coordinated with the City and Dakota County Plan for sidewalks and pathways. Said plan shall provide at a minimum, pedestrian ways by means of a side- walk or surfaced pathway to all office, retail business, and motel/hotel areas. E-22 VI. GENERAL DESIGN CRITERIA A. Concept The design of all uses and improvements shall reflect the natural capabilites and limitations of the O'Neil area as well as the characteristics and limitations of adjacent property. The various structures, use areas, functions and elements of the site design shall be integrated by design into a unified whole except where separation is appropriate. The development shall be visually harmonious as perceived from both within and without wherein the O'Neil Planned Development.shall become an integral part of the planning and function of "downtown" Eagan. B. Site Desisn Site design shall provide for the design of a minimum five (5) acre area which is coordinated with the design and development of the overall O'Neil Planned Development area. Individual, site specific detail, for *lots or developments of less than five (5) acres, may follow provided the frame- work for landscaping, lighting, driveways, open space, signage, parking and similar detail are consistent. Site design shall provide all of detail and reviews required by City Ordinance in effect at the time a development is approved and as required herein. C. Architecture and Building Materials The design of individual structures shall be sensitive to the general and immediate environment of the site relative to architectural design, scale, bulk, color, height, and orientation. The visual integrity of the area shall not be adversely affected. All buildings shall be designed to accomplish the goals and objectives of the Comprehensive Plan and the O'Neil Planned Development. Building materials which are selected shall be attractive in appearance, durable with a permanent finish and of a quality which is both compatible with adjacent structures and consistent with the City's standards. Major exterior surfaces on all walls shall be face brick or stone. Glass, stucco, architecturally treated concrete, cast in place or precast panels or decorative block will be acceptable as the major exterior wall surface when they are incorporated into all overall design which is compatible with the standards for the district in which it is located. Wood and metal may be used as accent materials, provided that they are appropriately integrated into the overall building design and not situated in areas which will -be subject to damage associated with heavy use. E-23 (�(p Under no circumstances shall sheet metal aluminum, corrugated aluminum, asbestos, iron, plain or painted plain concrete block be deemed acceptable as major exterior wall materials on buildings. D. Protection of Natural Areas Certain areas within the O'Neil Planned Development are unsuitable or undesirable for development. These may include wetlands, drainageways, select stands of trees, natural buffers or other significant and environmentally natural and sensitive features. Features such as those described above shall be identified on any site plan, preliminary subdivision plat, or other application for development. As a condition of approval, the developer may be required to designate and set aside land for permanent open space. Open space land shall not be occupied by buildings, roads, or road rights-of-way except as specifically permitted. Land designated as open s space shall be maintained as open space and shall not be separately sold, subdivided, or developed. The City's "Environmental Manual" shall also be followed by the developer in planning for the protection and preservation of these sensitive areas. E. Lighting Street boulevard lighting shall be consistent in terms of the stand, type of light and spacing throughout the O'Neil Planned Development. It shall also comply with City policy. Individual site lighting shall also be consistent and planned as an integral part of each site design. F. Signage The developer shall prepare an overall sign manual whicB' shall control individual business signs by private covenant. This manual shall be provided prior to approval of first development. At a minimum, signs shall comply with City Ordinances and an overall signage plan shall be prepared for R.B., C.S.C, L.B., and N.B. Areas when specific development plans are prepared for approval by the City. G. Parking Parking space, size, orientation and surface requirements shall comply with the City Zoning Ordinance in effect at the time a development is approved. Deviations from the strict provisions of the City Zoning Ordinance for parking may be granted by the City for a coordinated development where.the minimum objective of the City Ordinance are otherwise met or exceeded. E-24 1( � Other issues including shade trees, landscaping, berming, lighting and impervious surface are otherwise addressed herein. H. Drainai a and Utilities i Requirements for storm drainage and public utilities shall primarily be considered under regular procedures at the time the preliminary plat is considered for each area under the City's Subdivision Regulations and other applicable Ordi- nances. I. Public SafetZ Issues of public safety such as police or fire protection shall be considered under normal procedures When specific proposals for plats or site plans are considered by the City. E-251 �� V1. =ij2its The developer/owner shall provide the following exhibits as a part of the application for Plat approval by the City: A. Planned Development Agreement. B. Boundary Survey and Legal Description. C. Preliminary Plat Plan. D. Land Use Designation Map - provided by City. E. Environmental Study. F. Floor Area Ratio (FAR) - provided by City. G. I-35 E Overlay Landscape Plan - provided by City. H. Staging Plan. I. Pedestrian Circulation Plan - trails. J. Landscape Manual. R. Signage Manual. L. Lighting Manual. M. Architectural Design Manual. E-26 ``� � 43 'p In � � � �c :mac •�� E r c o-� $ � E F,a or aci 'a-�i ' J C= — . C Vcn V Z CD Zcp oL9 [ J_]y _Z._ anuand uoiuixa-1 o tti co 0 J r 1 :::;0. _J EXHIBIT "'F"1 i 1 Agenda Information Memo November 20, 1990 City Council Meeting APPEAL CROWN COCO, INC./PYLON SIGN A. Appeal, Crown Coco, Inc., Denial of Conditional Use Permit for Pylon Sign and Variance of 23 Feet to be Allowed in Pylon Sign Height for a Gas Station at 4195 Nicols Road --A meeting of the Board of Adjustments & Appeals has been scheduled for November 20 as a part of the regular City Council agenda to consider a formal appeal brought before the City of Eagan regarding the denial of the applicant's request for a variance and conditional use permit for pylon signage at the above -referenced location which was considered at the August 7, 1990 City Council meeting. Mayor Egan will suspend the regular City Council meeting and convene the City Council as the Board of Adjustments & Appeals. By way of reminder, the City Attorney outlined steps required for Council deliberation and action as the Board of Adjustments & Appe Is This information is covered in his memo which is enclosed on pages jt -through LMor your review. A letter covering the appeal request from Crown Coco, Inc. is enclosed on page �I_Sfor your review. For additional information in this regard, please refer to pages L�"through 131 for the Community Development Department report and pages through LU for he Advisor Planning Commission minutes in this matter. Please refer to pages L^,/ through/ .5� for the August 7 Eagan City Council minutes on this item. As a consequence of the nature. of items considered by the Board of Appeals & Adjustments, any action to approve or deny the appeal should include direction to the City Attorney to prepare a resolution covering the Council's findings of fact related to this application. Such a resolution would be returned for ratification by the Council in a future Consent Agenda. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the appeal presented by Crown Coco, Inc. related to its application for a variance and conditional use permit for signage at their property located at 4195 Nicols Road and to direct the City Attorney to prepare a resolution and findings of fact reflecting the basis for the Council action. M E M 0 R A N D U K TO: City Administrator Hedges FROM: City Attorney Sheldon DATE: November 15, 1990 RE: Board of Adjustments and Appeals -- Crown Coco, Inc. CITY CODE The Board of Adjustments and Appeals in the Eagan Ordinance is covered under §11.40, subd. 2 (page 322). As provided in Subpart (b), the Board of Adjustments and Appeals shall consider all appeals from ... Council decisions. Subpart (c) provides that the Board of Adjustments and Appeals shall make findings of fact. The appeal may go directly to the Council. Subd. 3 applies to variances. -Under subd. 3(b)(4), in considering all requests for a variance or any subsequent appeal, the Council shall make a finding of fact that the proposed action will not (a) impair an adequate supply of light and air to the adjacent property; (b) unreasonably increase the congestion on public streets; (c) increase the danger of fire or endanger the public safety; (d) unreasonably diminish or impair established property value within the neighborhood; (e) disrupt the traditional practices or social cohesiveness of the community or (f) or in any other way be contrary to the intent of this Chapter or other applicable City Code provisions. Under subp. (c) (Issuance), the Council may determine special conditions applying to structures, to the land in question or immediately adjoining property which do not apply to other land. In that instance, the Council may, to alleviate a demonstrable hardship or difficulty, grant the variance and impose conditions and safeguards. OTATE STATUTES Minnesota Statutes §462.354, subd. 2, provides that the Board of Adjustments and Appeals shall have the power set forth in 6462.357, subd. 6. 11011 15 '90 14:04 HH -D 1`011 Section 462.357, subd. 6, provides that appeals may be taken by any affected person upon compliance with any reasonable conditions imposed by the Zoning ordinance. (Subd. 2) The Board is to hear requests for variances from the literal provisions of the ordinance where strict enforcement would cause undue hardsb because of circumstances unique to the individual property under consideration. The Board may grant such variances only when it is demonstrated that such actions will be keeping with the spirit and intent of the Ordinance. Undue hardship means: (1) the property cannot be put to reasonable use if used under conditions allowed by the official controls; (2) the plight of the landowner is due to circumstances unique to the property, not created by the landowner; and (3) the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship If reasonable use for the property exists under the terms of the ordinance. The Board may impose conditions in granting variances to ensure compliance and to protect adjacent properties. §462.354, subd. 2. (Board of Adjustments and Appeals) also states that the Board: (1) shall within a reasonable time make its order and it shall serve a copy upon the Appellant or Petitioner by mail; (2) any party may appear at a hearing by agent or attorney; (3) the Board may adopt rules for the conduct of the proceedings; (4) the rules may include giving of oaths and filing of written briefs; (5) the Board shall provide for record of its proceedings which shall include minutes, findings and action taken on each matter including the final order. CONCLUSIONS 1. We need to have a record which Karen will provide. 2. The Council should suspend the City Council meeting and convene the hearing of the Board of Adjustments and Appeals. 3. The Board should take official notice of all prior proceedings before the Planning Commission and the City Council in this matter. 4. After presentation by interested parties, the Board shall make a determination and direct preparation of the findings of fact. 5. The Board shall determine its final order and direct service by mail. has 11111 1 1 t, , '-41_1 1 -4 : l_L_ [-IH'::, _ 1 U -i 6. The need for oaths, receipt of affidavits, or other material or receipt of briefs is optional with the Board. 7. The Board of Adjustments and Appeals, at least according to state law, only applies to variances. City Code Subd. 2 in §11.40 states review of Council decisions. It may also apply to conditional use permits although that argument is tenuous at best. Thus, it is reasonable to believe that the only obligation of the Board is to review the variance. a. Any approval should be on a majority vote of the Board. The Code provision requiring a greater vote is inappropriate in that that provision could be changed by a majority of the Council by changing the Ordinance. JFS/djk A21 � 0 A'-eys a hiviiep 1e Servs You September 25, 1990 CERTIFIED MAIL Mr. James Sturm Cit -.11 of Eagan 393n Piot Y.nob Road Fnq;a n, Minnesota 55121 CROWN COCO., INC. OISTRIBUTORs OF FUEL OILS - GASOLINES - GREASES - MOTOR OILS 331-9344 319 ULYSSES N E MINNEAPOLIS. MINNESOTA 55413 RF: %7arianc(-/Pylon Sign Application, Appeal of Conditional Use Permit/Crown CoCo, Inc. August 7, 1990 near Mr. Sturm: rleace accept this letter as a request for appeal of the e—inion by the Eagan City Council to deny the Conditional 11sn permit to Crown CoCo, Inc., for a pylon sign and a --ar9ance of twenty-three (23) feet to the allowed pylon sign height for our gas station at 4195 Nicols Road in F7 g nn . 7f you have any questions in regard to either this request -r the sign/variance itself, please contact David Miller at 331-2928. Sincerely, Ro&� p.. Robert P. Mack President. r -f-: 1). Puller MARKETERS OF L WOLEUM PRODUCTS A. CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT AND VARIANCE APPLICANT: LOCATION: EXISTING ZONING: CROWN COCO, INC. 4195 NICOLS ROAD (10-01900-011-55) GB (GENERAL BUSINESS) DATE OF PUBLIC HEARING: JULY 24, 1990 DATE OF REPORT: JULY 15, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Two separate applications have been submitted requesting a Conditional Use Permit for a pylon sign and a Variance of 23' to the allowed pylon sign height, as well as a Variance of 126 total square feet to the allowed sign area. BACKGROUND: On April 4, 1989 the City Council granted a Conditional Use Permit for a pylon sign to Crown CoCo, Inc. Conditions placed on this permit included a maximum sign height of 27' and a maximum signage area of 125 square feet per side. These conditions reflect City Code standards for pylon signs. The applicant did not utilize this Conditional Use Permit within a year and as a result, the permit became void. For this reason, the current Conditional Use Permit application has been submitted. COMMENTS: The site in question is bounded by Highway 77 (Cedar Avenue) on the west. Because the freeway is adjacent to this site, the City Code allows both a pylon sign and a free-standing ground sign. Due to the proximity to Highway 77, the applicant is seeking Variances to both the allowed sign height and sign area. The applicant believes a 50' high sign with a total sign area of 376 square feet is necessary to be seen from the freeway. The site currently has a large ground sign (4' x 20'). In addition to the items discussed in this report, the applicant intends to remodel and expand the existing facility at this site. As part of the improvements, landscaping (where possible) should be included. SITE PLAN: The existing parking lot at the site is bituminous and concrete on the east half and gravel on the west half. The bituminous portions of the parking lot are in poor condition because of inadequate drainage and needs repair. Staff recommends that the parking lot be upgraded to City standards with the building addition. The new parking A a I lot would contain a concrete curb and gutter around the entire edge of the lot to control where people park and to confine the drainage from this site to a proposed storm sewer. During the reconstruction of the parking lot, the developer shall design the new parking lot to meet the City's setback requirements. The setback to the parking lot from the right- of-way lines of Diffley Road, Cedar Avenue, and Nicols Road shall be 20'. The setback to the parking lot from the north property line shall be 5'. The new site plan shall be reviewed by City staff to verify that adequate parking spaces will be provided and that good access and circulation will be provided. If approved, this Conditional Use Permit and Variance request shall be subject to the following: I. All applicable City Codes shall be adhered to. 2. A landscape plan shall be submitted and approved by staff prior to any sign erection. 3. No outdoor storage or display of merchandise shall be allowed. 4. The parking lot for this site shall be upgraded to current City requirements with the building permit application. 5. A grading, drainage and erosion control plan shall be prepared and the drainage from the site shall be conveyed to the City's storm sewer. !27 FINANCIAL OBLIGATION - 10 -01900 -011 -SS 19 -CII -10-7-90 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 Oso Rats Quattity AMMMt None $ 0 i% �r t -• ;r _ la_� Ian 0~10 11cvu r s3, s w•flrs�s flit LIUJW N vl I- `lr! FMF': 319 ULYSSES ST ME MINNEA'i't us'; MK55413 'DAVE MILLER 3.311'29?.$ 419ET N ICONS ROAD lt 7o,00�L ►tl► l��Mt T 7110 IS 1O se -e ♦►eKwt r . ' ii'L• L� � 1.D' �'� � V �, RDW T 19 ® 0 ►a r �.uc z, S4, �__ 1 •al�" ct 1 — OI — — — — G..dw In 0 ��± - �� S�NGx x t , Ih �M�W s Is I� 1 C /.St1AAVr10 J dc W V � � 11cvu r s3, s w•flrs�s flit LIUJW N vl I- `lr! FMF': 319 ULYSSES ST ME MINNEA'i't us'; MK55413 'DAVE MILLER 3.311'29?.$ 419ET N ICONS ROAD lt 7o,00�L ►tl► l��Mt T 7110 IS 1O se -e ♦►eKwt r . ' ii'L• L� � 1.D' �'� � V �, RDW rawa ►Aar• sats #s TM►�� t la+r► 4•s Ls' �� rAL litw f/.�sfNalIaff. Y IL r 16.w 30 AMoCa 'PRo?ERTY s� i T 19 ® 0 ►a r �.uc �__ I: t — OI — — — — G..dw In 0 ��± - �� S�NGx x t , Ih �M�W s Is rawa ►Aar• sats #s TM►�� t la+r► 4•s Ls' �� rAL litw f/.�sfNalIaff. Y IL r 16.w 30 AMoCa 'PRo?ERTY s� i B' x i 9 ' = )sZ So c -f SCALE: 5/(0" - 1 -0" wA RE UTTERS w%T k 54 Abcw,NG AND ILEO BacKG�.ovND- V Ai�1 A%1 - c ILE Q u'LS-7 To A L tAv.1 5 0' H ►GIA S I G t4 To bE SEEN BY TILAFF iC ON W I GKWA( 7 7 CC -EDAM") w 17 ` X;� T�.t-E SKIN � t,E sEEN br rRAcc�c k W TMOUT VAR+AKLC IS L7' AND So �qRE FG'ET ��w� tS l L5 4MLC FEET Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES July 24, 1990 6. All green areas shall have underground irrigation systems. 7. The development is required to provide ponding of site generated storm water to limit flow into the existing City storm sewer system to the five year storm event. B. The development is required to provide a six inch watermain and minimum eight inch sanitary sewer to serve the development. 9. The development is required to submit detailed plans and specifications for the proposed retaining wall construction for staff review and comment prior to final plat approval. All voted in favor. CONDITIONAL USE PERMIT — CROWN COCO, INC. Chairman Graves opened the next public hearing for the evening regarding a conditional use permit and a variance to allow a pylon sign located at the northwest intersection of Nicols Road and Diffley Road in the southwest quarter of Section 19. City Planner Jim Sturm reviewed the staff report and provided an application sumnary and background information. He requested that two additional conditions be added. Those being: 1. All signage ordinances shall be adhered to. 2. A future building expansion involving a major change would require platting of the property. Dave Miller, representing the developer, gave the background for the application and stated that the Amoco station across the street had a sign with virtually the same dimensions as his request. Member Gorman asked where the price sign would be on the pylon. Mr. Miller responded that it would be approximately twelve feet from the ground. Member Merkley stated that the Amoco sign across the street seemed smaller. Member Trygg stated that there were no .cross-sections to show the need of the sign. The developer stated they had relied on Amoco's past cross-sections. Member Graves stated Page 51EAGAN ADVISORY PLANNING COMMISSION MINUTES July 24, 1990 that the Planning Commission should be able to zee what the sign would look like using cross-section diagrams. Member Trygg stated she did not see a reason to vary from the ordinance standards. Member Miller was confident that the Amoco sign was not 10' by 171 and he was not inclined to grant the variance. Member Voracek questioned the hardship and stated that the Amoco sign did not, in and of itself, prove a demonstrated need for the Crown Coco sign. Member Gorman agreed. Member Miller stated the applicant should be given the opportunity to continue the item if he liked for further information. Chairman Graves suggested that the applicant put together a total sign agreement for the site. Member Voracek stated that the APC's action was advisory and that the Council still had the final decision should the APC deny at this point. Chairman Graves stated that should there be an approval of this application, condition number 8 should be modified to require an agreement with staff as to the overall signage on the property. Trygg moved, Miller seconded, the motion to deny a conditional use permit and a variance to allow a pylon sign located at the northwest intersection of Nicols Road and Diffley Road in the southwest q•.;arter of Section 19 due to the requested variance. All voted in favor. Member Voracek stated that there was no hardship demonstrated for the variance. FINA SERVE INC. ADDITION - FINA OIL AND CHEMICAL COMPANY Chairman Graves opened the next public hearing for the evening regarding a preliminary plat consisting of approximately 1.7 acres for a motor fuel station and a conditional use permit for a pylon sign and motor fuel sales located at the intersection of Highway 149 and Highway 55 in the northwest quarter of Section 12. City Planner Jim Sturm provided an application summary and gave background of the site. He further stated that the applicant should be commended for their work with staff. Don Marrow, representing Fina, stated that they had no major issues with the staff report and that the surveyor and architect were available for questions. He questioned the outdoor sales prohibition but was satisfied that it was fairly applied. He further stated that X33, Page 17/EAGAN CITY COUNCIL MW[3TS: August 7, 1990 CONDITIONAL: E PESMr C RO'.WN COCO INC Y :AGN City Administrator Hodges introduced the'ikiii'-and said that the Advisory Planning Commission had recommended that the application be denied. Director of Community Development Runkle said the application was for a conditional use permit .and variance at Nicols Road and Diffley for Crown Coon Inc. Mr. Runkle said the site plan showed a proposed pylon sign and ground sign. He said the applicant had requested a variance to the height of 23' aad:a l�+:W::prgposed a sign ,area of 376 sf, however, the sign has been scaled down to 125 sf VVit :iaf�tt sisfgs:: itiE�y a vianoe will not be required to the size limitations. He said the APC had determined that t hards :was not in order to grant the variance. Councilmember Gustafson asked whether ,W-.. ground:'Xp would remain U the pylon sign were approved.. Mr. Runkle said the City Code.,dM. an6w,* h.ww'the property backs up to .a limited access highway. The Councilmember said it was hl3 :,- t;iifiet tai &g*" 6t'if the sign were approved, the City would require significant upgrade to that lot Mr.'Runkle said theipplicant plans to expand and it would be more appropriate to upgrade after the expansion. Councilmember Gustafson said there had been a comparison in size and/or height to the Amoco sign just across the street. He asked if that sign was in compliance with City standards. Mr. Runkle said a variance had been requested and approved for the Amoco sign. Councilmember McCrea asked if -here. weren't specific circumstances tinder which the Amoco variance was approved. Mr. Runkle said tbey,:used;iet,w. sections to determine what height they would need based on elevations in relation to the freeway. CbtitCi#iierer Wachter also pointed out that the County had also taken an access away from them. CDWxffinemtier'McCxea said that Amoco had been a business that was suffering because of what had happens : due to.:I te:.oaid: Mayor Egan also pointed out that the Amoco sign probably draws business to the otet::3ttits: g that intersection because by seeing that sign, drivers know there is gas available #.:iii :east: 'Mayor Egan said he believed when the applicant's station was a Union 76 station, the Cotiii8i"'h6d given them permission to build a fancier ground sign because they had not approved the freestanding pylon sign. Mr. Dave Miller, of Crown Oil, said his company wanted to be certain before they purchased the property in 1989 that they could compete on an equal basis in that market He said that after buying the property, they had applied for the He said they also wanted to be sure they could erect a freeway sign equal ice:reig#i3`tiiid;:ai:;t;Heir competitor across the street. After conferring with staff they decided to apply for a conditipnal use,mit and variance. They are working with Pioneer Engineering in the development of their plai iiiied facility;improvements. He also said their business is bounded by three major roadways and the City's :Mgn ormakes special provisions for freeway locations. Mr. Miller believes that with their parfktiiar situin with a freeway in their backyard, the variance should be granted allowing them to be seen from thit':&ghway the same as Amoco. He said he did not believe their request to be unreasonable, excessive for a highway sign or unprecedented in nature. Mr. Miller said without major name recognition they need to make their name and location visible to the public He said the City should give some latitude to situations such as theirs. Councilmember McCrea asked what Crown Cpl's harp was and Mr. Miller said their location backs up against the freeway and the ordinance allows for thct ]locations to have signs that are visible. Mayor Egan said this is a bag-i#aie' dsrebd atiaidpn for a gas station; however, he did not necessarily agree that the City needs a sign on every corner.,:: He said Amoco came first and that just happened. Councilmember McCrea said if the County apg bved this request in the absence of any hardship, every gas station in Eagan could make the same reikd&t. 13�- X.x Page IWEAGAN CITY COUNCIL, August 7, 1990 Wachter moved, McCrea seconded,--'ijaotion to dep)--.-*& conditional use permit for a pylon sign and variance of 23 feet to the allowed py1on'*ftCoco, Inc., for the gas station at 4195 Nicols Road. Aye: 5 Nay- 0 PRE91MINARY PLATIVALLEY ACRES MUNICIPAL GUN FIRING RANGE ...... .......... Gustafson moved, Wachter 2=0 .UA**-:ft'a"XVMG the preliminary plat for Valley Acres consisting of one lot and block on appToX1=1b1y7&8.*W ustrial) acres located West of Terminal Drive in the south half of Section & Aye: 5 COMPREHENSIVE GUIDE .KAN AN93'T MIEENT/REZONING AREA D/MUl.T1FA)A1W---:-A1—ES-' LAND STUDY Wachter moved, Gustafson seconded, a motion to continue the comprehensive guide plan amendment and rezoning of Multifamily Residential Land Study Area D to the September 4, 1990, regular City Council meeting. Aye: 5 Nay: 0 PRELD.OLARY PLAT/WE.SOO-ff SQUARE ADDITION (REVISED) After brief introductory remarks by:*WLOy.&."':*E .n and City Administrator Hedges, Director of - . p Community Development Runkle said the apptj!*dSif'-M4::'b6ft reviewed a number of times by the APC and the City Council. He said that because otAbe timing,jipd:,the changes which had occurred from the last plat, it was suggested they come back . Runkle said the parcel is located at ....83........ Elrene and Yankee Doodle Roads and covsjs:t1-:N*9.:ad6s. The application that was previously approved consisted of 71 townhouse units and that been revised to 67 units. Mr. Runkle said additional right-of-way requested by Dakota County had forced the developer to shift the project south. The applicant has been working with staff to come up with a revised plat which takes into account a reconfiguration to meet additional right-of-way requirements. Mr. Runkle said that one of the concerns that came out of the Advisory Planning Commission meeting was in regard to the trees that were being taken on the site and the density. Mr. Runkle said that City FlannoT Sturm.bad been out to the site with the applicant to go e am on the site. Mr. Runkle said that over which trees would be saved and how: A .0 0 before any grading was done in the area.- to. W.ii4d,Mll be marked. He said the conditions of the Planning Commission are intact and they have i6tommendbd approval. Councilinember Wachter asked if the 9cxcepdW was v4W the property owner lives now. The New Horizon Homes representative said that was correct. Mayor Egan asked with the acquisition of the right-of-way whether there was an Increase or decrease in the density. Community Development Director Runkle said the overall density went from 7.2 to 7.02 units per acre. Councilmember Pawlenty asked what the comp guide showed for the exception. Mr. Runkle said it was shown as D-111, and the zoning up to that.0"l, R-3. Councilmember Pimlenty asked whether a stand of trees on the north side of Kost Road wou" saved and the developer's representative said that, unfortunitely, the row of trees -ww.-W-.c1W.tO.-. d roa to sffm Wachter moved, Gustafson second44*iikiioi�'tdi} grove the preliminary plat for Wescott Square Addition (Revised) consisting of 67 townhouse units on 9.83 W.34cres located along Yankee Doodle Road and Elrene Road in the northwest quarter of Section 14 sub)90 to the following conditions: 135 Agenda Information Memo November 20, 1990 City Council Meeting El F k-012 III 041,%K A. Licenses, 1991 Liquor License Renewals --It is appropriate at this time for the City Council to consider 1991 liquor license renewals. Enclosed on pagethrough s a memo from Administrative Assistant Witt detailing the activity during 1990 regarding liquor licenses. Also attached on pag9K ( tlisaugh.__ is a list of proposed 1991 off - sale liquor licenses, 1991 on -sale club license, 1991 on -sale liquor establishments, 1991 wine licenses, 1991 on -sale beer licenses and 1991 off -sale beer licenses. As stated before, all these licenses are in order for consideration for 1991. Also to be considered, as described in Witt's memo, will be the formal action to declare an off -sale liquor license granted to Richard Barone on February 6, 1990 as null and void. The Council's intent regarding liquor licenses has been to give applicants until August 31 of the year of approval to activate a license. Mr. Barone's license has not been activated as of this date. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the liquor license renewals as presented and to formally declare the off -sale liquor license granted to Richard Barone on February 6, 1990 to be null and void. /3(4z� November 15, 1990 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: 1991 LIQUOR LICENSE RENEWALS Attached are renewals for on & off sale liquor, wine and on & off sale beer licenses. There has been and continues to be a great deal of activity with liquor licenses. Off sale liquor Dan Herbst, Cheers Wine & Spirits, and Richard Barone, Sportsman's Liquor, were approved for off sale liquor licenses on February 6, 1990. Cheers is open for business but Sportsman's Liquor never opened. Mr. Barone has vacil- lated as to whether or not he will open. He is aware of the Council's intent to give applicants until August 31 of the year of approval to activate a license. Using the amended ordinanace time table, Mr. Barone's license is to revert back to "available" status and the earliest it could be activated by an approved applicant is 1992. Doug Lee, Liquor Shoppe, Inc., sold his liquor store to Greg Ward and Richard Ross. The Council approved the new owners on October 2, 1990. The liquor ordinance, itself, underwent a major overhaul in July. Most license fees were raised, language was streamlined and the number of off sale licenses, as well as the process to obtain them, was changed. On sale liquor LaFonda's closed its doors and the Compri Hotel went into receivership in 1990. There appear to be several interested buyers in LaFonda's, but no formal applications have been made. Plaza Hotel Company is managing the Compri Hotel until a buyer is found. Negotiations are in process to sell the Hong Wong restaurant. The buyer, at this point, prefers a wine & beer license. Formal application has not yet been made. 13-7 Wine Broadway Pizza moved to Beau d'Rue from Cedar Cliff Plaza. Cactus Flats Restaurant now ocupies the space vacated by Broadway Pizza. Anna Chungs, Cliff -Lake Center, will be on the Planning Commission's November agenda for a conditional use for wine and beer. Their application for a wine & beer license/conditional use permit will be on a December Council agenda. Beer Cactus Flats Restaurant was granted an on sale beer license and Duckwood 66 was approved for an off sale beer license in 1990. Action Requested: 1. Formally declare the off -sale liquor license granted to Richard Barone on February 6, 1990, to be null & void. 2. Approve liquor license renewals as presented. 1991 OFF SALE LIQUOR LICENSES Applebaum Companies, Inc. dba Big Top Wines & Spirits Ellen Applebaum 3900 Beau d'Rue Drive Eagan, MN 55122 Xenny's Enterprises, Inc. dba Kennys Liquor Kenneth Youngberg 1444 Yankee Doodle Road Eagan, MN 55122 Perrier a Associates dba Great Northern Spirits 1960 Cliff Lake Road #101 Eagan, MN 55122 Dave Perrier Sidco, Inc. dba Big Top Wines A Spirits Sidney Applebaum 1282 Town Centre Drive Eagan, MN 55123 Spirits of Eagan, Inc. dba MGM Warehouse John W. Teslaw 4178 Pilot Knob Road Eagan, MN 55122 Liquor Shoppe Inc. of Eagan dba Liquor Shoppe, Inc. Doug and Mary Lee 4230 Lexington Ave. Eagan, MN 55123 1991 ON SALE CLUB LICENSE Spur, Inc. dba Osman's Spur Country Club Harry Beyer 2750 Sibley Memorial Hwy Eagan, MN 55121 Scott Liquor Company Cheers Wine & Spirits Dan Herbst 1970 Rahn Cliff Court # 300 Eagan, MN 55122 1991 ON SALE LIQUOR ESTABLISHMENTS Al Baker HONG WONG RESTAURANT dba AL BAKERS William Lam 3434 Washington Drive 2139 Cliff Road Eagan, MN 55122 Eagan, MN 55122 454-9000 452-0086 Cedarvale Bowl, Inc. dba CEDARVALE LANES Robert Johnson, Mgr. 3883 Beau d'Rue Drive Eagan, MN 55122 452-7520 Plaza Hotel Company dba (COMPRI) HOTEL Derek Funkhouser, Mqr. 2700 Pilot Knob Road Eagan, MN 55121 454-3434 Flour Bin, Inc. dba J. DOOLITTLES Lynn Reimer 2140 Cliff Road Eagan, MN 55122 452-6627 MEDITERRANEAN CRUISE Daoud A. Hussein 3945 Sibley Memorial Hwy. Eagan, MN 55122 452-5991 RICHARDS FOOD & LIQUOR Richard Stariha 4185 South Robert Trail Eagan, MN 55123 452-3061 Bob Dougherty Starks I, Inc. dba DOUGHERTYS dba STARKS SALOON 1312 Town Centre Drive Gary W. Stark Eagan, MN 55123 3125 Dodd Road 681-1570 Eagan, MN 55121 454-8251 Dorola, Inc. dba DURNINGS Latt, Inc. Jim burning 4625 Nicols Road dba VALLEY LOUNGE Eagan, Eagan, MN 55122 Jim Tousignant 3385 Sibley Memorial Hwy. Eagan, MN 55122 454-2760 1991 WINE LICENSES Broadway Pizza John Odeen 3902 Beau d'Rue Drive Eagan, MN 55122 JSN Enterprises dba Carbone's Pizza 1565 Cliff Road Eagan, MN 55122 Fratelli Tre, Inc. dba Carbone's Pizzeria David Carbone 1665 Yankee Doodle Road Eagan, MN 55121 Itamex Foods dba Cactus Flats Restaurant 2113 Cliff Road Steve Francken Eagan, MN 55122 Davanni's Pizza 1980 Cliff -Lake Road Eagan, MN 55122 Diamond T Ranch Jerry Thomas 4889 Pilot Knob Road Eagan, MN 55122 Lel Eagan Grill, Inc. dba Eagan Tap Julio de la Huerta 3998 Sibley Memorial Hwy Eagan, MN 55122 FHF, Inc. dba Hunan Garden Maurice Fung 1304 Town Centre Drive Eagan, MN 55123 Italian Pie Shoppe James Basta 1438 Yankee Doodle Road Eagan, MN 55122 Vi Huong, Ltd. dba VI HUONG Ngan Truong 1989 Silver Bell Road Eagan, MN 55122 1991 ON SALE BEER LICENSES * Strong Beer License AIRLINER MOTEL FHF,Inc. 2788 Highway 55 dba HUNAN GARDEN Eagan, MN 55121 Maurice Fung 55123 1304 Town Centre Drive BROADWAY PIZZA * Eagan, MN 55123 John Odeen PIZZA HUT 3902 Beau d'Rue Drive ITALIAN PIE SHOPPE Eagan, MN 55122 James Basta Eagan, MN 55122 1438 Yankee Doodle Road JSN Enterprises Eagan, MN 55122 dba CARBONES PIZZERIA 1565 Cliff Road PARKVIEW GOLF CLUB Eagan, MN 55122 Don Larsen 1310 Cliff Road Fratelli Tre, Inc. Eagan, MN 55123 dba CARBONES PIZZERIA 1665 Yankee Doodle Rd PICCOLOS PIZZERIA Eagan, MN 55121 Greg Heuer 4162 Pilot Knob Road CARRIAGE HILLS COUNTRY CLUB Eagan, MN 55122 William H. Smith 3535 Wescott Hills Drive Eagan, MN 55123 DAVANNIS PIZZA 1980 Cliff -Lake Road PIZZA HUT Eagan, MN 55122 1325 Town Centre Drive Eagan, MN 55123 DIAMOND T RANCH Jerry Thomas PIZZA HUT 4889 Pilot Knob Road 2130 Cliff Road Eagan, MN 55122 Eagan, MN 55122 DRAGON PALACE OF LEE Vi Huong, Ltd. Lee Fo Len dba VI HUONG 1466 Yankee Doodle Road 1980 Silver Bell Center Eagan, MN 55122 Eagan, MN 55122 Eagan Grill, Inc. WEST END HUNTING CLUB dba EAGAN TAP * 535 Gun Club Road Julio de la Huerta Rosemount, MN 55068 3998 Sibley Memorial Hwy. Eagan, MN 55122 Itamex Foods dba Cactus Flats Restaurant 2113 Cliff Road Eagan, MN 55122 ��z 1991 OFF SALE BEER LICENSES BROOKS SUPERETTE 3390 Coachman Rd Eagan, mN 55121 COUNTRY CLUB MARKET 3820 Sibley Memorial Hwy Eagan, MN 55122 CUB 1940 Cliff -Lake Road Eagan, MN 55122 DUCKWOOD 66 3575 Pilot Knob Road Eagan, MN 55122 EAGAN E -Z STOP 4195 Nicols Road Eagan, MN 55122 HOLIDAY STATIONSTORES #232 4595 Nicols Road Eagan, MN 55122 HOLIDAY STATIONSTORES #247 3615 Pilot Knob Road Eagan, MN 55122 PDQ FOODS OF MINNESOTA 4160 Pilot Knob Road Eagan, MN 55122 PDQ FOODS OF MINNESOTA 1969 Silver Bell Road Eagan, MN 55122 RAINBOW FOODS #14 1276 Town Centre Drive Eagan, MN 55123 SUPERAMERICA # 4049 Hwy 13 and Diffley Road Eagan, MN 55122 SUPERAMERICA # 4182 1406 Yankee Doodle Road Eagan, MN 55122 1 q 3 SUPERAMERICA # 4335 1379 Town Centre Drive Eagan, MN 55122 TOM THUMB 1430 Yankee Doodle Road Eagan, MN 55122 TOM THUMB 2125 Cliff Road Eagan, MN 55122 TOM THUMB 4130 Blackhawk Rd. Eagan, MN 55122 WALGREEN DRUG 1278 Town Centre Drive Eagan, mN 55123 Agenda Information Memo November 20, 1990 City Council Meeting STRYKER ADDITION&MLIMINARY PLAT EXTENSION B. Preliminary Plat Extension, Stryker Addition, Located Along Beau De Rue Drive and Rahn Road in the Northeast Quarter of Section 19 --Earlier this summer, the City received a request for a preliminary plat extension for the Stryker Addition consisting of two lots containing the Big Top liquor store and Cedarvale Highlands. The original 3.8 acre preliminary plat was approved on August 1, 1989. The preliminary plat extension request was made prior to August 1 of this year. In the intervening time, staff has been working with the applicants regarding site development issues related to the preliminary plat extension. Enclosed on pages' through _J�" is a memo from City Planner Sturm regarding the preliminary plat extension request, the conferences with the applicants, and the proposed changing of three conditions with the preliminary plat extension request. Attached to the memo is the revised site plan for the liquor store lot, the overall site plan, details of the proposed curbing, and the staff report that went to the City Council and their minutes of August 1, 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat extension for the Stryker Addition consisting of two lots containing the Big Top liquor store and Cedarvale Highlands. l44 X E M O R A N D U X TO: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: NOVEMBER 14, 1990 RE: STRYKER ADDITION Earlier this summer, the City received a request for a Preliminary Plat extension for the Stryker Addition consisting of two lots containing the Big Top Liquor Store and Cedarvale Highlands. The original 3.8 acre Preliminary Plat was approved on August 1, 1989. A request was made prior to August 1st of this year, and in the meantime staff has been working with the applicants regarding site development issues. The proposed landscape plan has been improved significantly; the trash enclosure is now being proposed next to the building, and there is a maintenance plan for the general clean-up of the property. These were concerns expressed by the Advisory Planning Commission during their review of the proposed plat. The City Council unanimously approved the plat subject to the conditions by the Advisory Planning Commission. With this Preliminary Plat extension request, the applicant would like to change three conditions: Condition #3: Cross ingress/egress and Parking easements shall be submitted with the Final Plat. The applicant would like to eliminate the parking portion only. Staff and the City Attorney's Office feel this is acceptable since there is adequate parking for each lot. Condition #4: The parking lot shall have a 20' setback along the public streets and shall be resurfaced and striped and shall have concrete curbs. The applicant feels that the costs of resurfacing the lot with concrete curbing would be cost prohibitive. They are proposing a modular interlocking curbing system. The engineering department does not feel that the curbing meets City requirements. The 20' setback is not a great concern until the whole parking lot is resurfaced. If it is required now, then meeting the 20' requirement makes sense. (L45 Condition #8: The adjoining parking lot should be resurfaced and strived. The applicant would like the option of sealcoating and striping the parking lot in connection with the Final Plat approval or re - blacktop and stripe the parking lot on proposed Lot 1 within two years of the Final Plat approval. The engineering department feels that the overlay is a better long term solution. This re -development process has been complicated due to the number of individuals involved with the site including the liquor store lot, the residential area, the retail area, and the partnerships of all of those groups. Attached is the revised site plan for the liquor store lot, the overall site plan, details of the proposed curbing, staff report that went to the City Council and their minutes of August 1, 1989. If you would like additional information, please advise. City Planner JS/j s Attach. 14L 14, RAMM OAD wt 5 s 3 ,,� a yylis3�': � � 7 a$ 21Rv wt 5 �1�'eA ��:�'+ �� fir• 1ftoAD S RANK T ; -- it °�► r ao p' •2 +5;� 1 y� ; I�i v f � f 54d ` Q r = Q p e 41 Bituminous apron or Backfill (required for permanent installations) minimum of 2/3 of curb height 3/16" dia. x 2.7/8" twisted shank manganese alloy steel anchoring pin. 12" minimum SECTION OF INSTALLATION CURB SECTION TYPES PROPRIETARY l: NO. OF SECTIONS • LENGTH PER 900 ARC • 36.0•' s: 18.0" subject to Spec. 1703 i; 18.0" Transition for driveway (up) 18.0" Drive over (1.7/8" to 3.1/4" slatted) 18.0" 900 corner (inside) 12" equiv. 1 900 corner (outside) 12" equiv. 1 Radius section (1.5' R. outside) 28.3" 1 ► I t ----'f t----'� . 28.3" 2 Radius sections (5.0'R. outside and inside) 23.5" 4 i ii r�► 31.5" •,. li � 11 1 1 11 , Radius sections (15.0' R. outside) 23.5" 12 Radius sections (25'4 R inside) 36.0" 13 Radius sections (25'+ R. outside) BITUMINOUS 2 Radius sections (50' + R. inside) 36.0" 26 Curb Line mtninun 26 Bituminous apron or Backfill (required for permanent installations) minimum of 2/3 of curb height 3/16" dia. x 2.7/8" twisted shank manganese alloy steel anchoring pin. 12" minimum SECTION OF INSTALLATION CURB SECTION TYPES PROPRIETARY l: NO. OF SECTIONS TYPE LENGTH PER 900 ARC Full size straight section 36.0•' Half size straight section 18.0" subject to Spec. 1703 Transition for driveway (down) 18.0" Transition for driveway (up) 18.0" Drive over (1.7/8" to 3.1/4" slatted) 18.0" 900 corner (inside) 12" equiv. 1 900 corner (outside) 12" equiv. 1 Radius section (1.5' R. outside) 28.3" 1 Radius section (3.0'R. outside) 28.3" 2 Radius sections (5.0'R. outside and inside) 23.5" 4 Radius sections (10.0' R. outside) 31.5" 6 Radius sections (15.0' R. outside) 23.5" 12 Radius sections (25'4 R inside) 36.0" 13 Radius sections (25'+ R. outside) 36.0" 13 Radius sections (50' + R. inside) 36.0" 26 Radius sacs ions (50' + R. outside) 36.0" 26 NOTES: 1. Each standard piece of curb weighs approx. 29 lb. per lineal foot. 2. Joint sealer is not required, but may be used on uneven Pavement. 3. Bevel edges at both ends of each section to prevent chipping. 4 Use 6000 ns i minimum PROPRIETARY l: rtrergth, air entrained See sheets 2, 3, A 4 of 4 for specific detail: lies of precast crabwiwill be concrete (5-7% air). Of PRS concrete curb sections subject to Spec. 1703 (Patented devices, materials and processes). Ilerch 29, 1995 APPROVED_ STATE OF MINNESOTA SPECIFICATM STANDAR DEPARTMENT OF TRANSPORTATION REFERENCE PLATE PRECAST CONCRETE CURB 2531 7103 C Division Diryeenr Ter#miow, Services WNERAL 1 of 4 in - a �n 28.3" Arc Length on Curb Line 900 1.Q' RADIUS QUARTER CIRCLE n ..r I i f28.3" Arc Length Inside on Curb Line o Cwt: WCORNERS N N O aide Curb Line 10.0' RA DIUS t3.5" Arc Length m Curb Line Curb Line _c.CUcIA"'l - S.0' RADIUS 50'-r --�_ 25'•r _ \ 15' \ t � 10' \ 5, A*d 3' Radius above 157t. are made with angled 18" and 36" straight sections. RADIUS SCALE �OVED�tth �' 1985• STATE OF MINNESOTA SPECIFICATION STANDARD . OV — DEPARTMENT OF TRANSPORTATION REFERENCE PLATE _ 2531 W. PRECAST CONCRETE CUR� S � 7103 C Assist Division ices or SNORT RADIUS SECTIONS i WCORN 3 of 4 Technical Services STRYKER ADDITI0NW-'UWM1UhRY FLAP City Administrator Tom Hedges A.ntroducod the matter to the Council. Community Development Director Diii Runkle presented the staff report and background regarding the matter. He informed the Council that the Adviory Planning Commiss Wn recommended approval subject to eight conditions. Dave Grannis (attorney for applicant) informed the Council that the property was fully developed and there was a need, because Of a potential sale, for two separate tax .parcels. He was unsure of the full economic impact of the conditloni'6pon the applicant. He requested a continuance of the matter for oae month for review of the Advisory Planning Commiss$9ifE•;GQ iditlpna. Councilmember Egan announced that the Council could approve the continuance and if the applicant desiied to withdraw the matter from the Council agenda, it could do so at a future date. Attornay Grannis asked if the applicant could be put on the agenda at a future date to request condition changes. Councilmember Egar, Informed Mr. Grannis that the applicant had that right. Mayoi Ellison asked if the a pplica.,eFproved the conditions. The applicant renewed his request''�0::4.-Q64t'inuance. Councilmember Egan felt there was not a meed for i••�16&Jjitiance as there had been sufficient time since the Advisory Planning Commission meeting. The applicant informed the Council that he had been in receipt of the Advisory Planning Commission minutes for only three days and had not received the Council not$ce..unti,4.the..Vrevious week. He acknowledged that staff is a eajp;r:buc;>i: Councilmember McCrea had no concerns regarding a eontiD'U"&*"btiit•Q�eA want the conditions met by the applicant. Councilmember Gustafso11,:4as in agreement with McCrea. He felt the Council should•.:epproV.*;the matter and let the applicant return to the Council p)t>! l . not' -i ifications. The applicant stated he had no ptpp3le.'W1.0b"t a Council's approach. City Administrator Tom Hedgeo`seoommeiided the applicant waive the 120 -day requirement if the matter was continued. McCrea moved, Egan seconded, the motion to approve the Preliminary plat entitled Stryker Addition consisting of two lots on 3.66 Community Shopping Co.nter toned acres with existing buildings located at the soli :' htersection of Beau D'Rue Drive and Rahn Road in the northeast quarfer:<gf'.Section 19, as requested by DCR Company, subject to the following Conditions: 1. All applicable standard. ;tla>t::conditions shall be adhered to. 2. A survey of the resiQµal'iinplatted area shall be submitted with the final plat submission for the parcel file. 3. Cross ingress/egress and parking easements shall be submitted with the final plat. 4. The parking lot shall„hI1.VR::J4:,II font setback along the public streets and shall be rssuzfa.ced and. striped and shall have concrete cubs. 5. The current overgrown shrub3i ry skull be trimmed, removed or replaced. Understory trees and shrubs should be planted to screen the parking area. 6. The trash containers s'aould be enclosed in a structure attached to the building and constructed pfsimilar materials as the building. The back wall and the air C6h4itioning units should be covered and the ice cooler should be rimbved. 7. The liquor store lot RfiOU 91g4ned, the weeds removed and it should be either seeded'cr sodded. S. The adjoining parking lot should be resurfaced and stripe:. All voted in favor. 1E1 MEMO TO: ADVISORY PLANNING COMMISSION CHAIRMAN TIM PAWLENTY It ALL ADVISORY PLANNING COMMISSION MEMBERS FROM: JIM STURM, CITY PLANNER DATE: JUNE 22, 1989 SUBJECT: STRYKER ADDITION At the May Advisory Planning Commission meeting, this item was continued and staff was directed to observe the site conditions and note items that do not meet City standards. These items are listed below and the original staff report has been attached for your review. 1) The parking lot does not have a 20' setback along the public streets. In some areas, especially along Rahn Road, it encroaches into the right-of-way. It does not have concrete curb and needs new striping. 2) Additional plant material for screening the parking area would be desirable, especially along Rahn Road. However, it is not current City policy to allow planting within the right-of-way. Also, there are overhead electrical wires in this area; only understory trees and shrubs could be planted. 3) The trash containers are not enclosed. They should be enclosed in a structure attached to the building and constructed of the same materials as the building. (This is very noticeable on the liquor store lot.) 4) The liquor store lot is in need of a general cleanup. Mowing, shrub trimming, and parking lot sweeping should be done on a regular basis. From an aesthetic standpoint, the area in most need of attention is the liquor store lot. The retail building, while technically not meeting setback and curbing requirements, is in good general condition. City Planner Attachment JS/mg i CITY OF RAGAN SUBJECT: PRELIMINARY PLAT (STRYKER ADDITION) APPLICANT: D C B COMPANY LOCATION: NE 1/4 OF SECTION 19 EXISTING ZONING: COC (COMMUNITY SBOPPING CENTER) DATE OF PUBLIC BEARING: KAY 23, 1989 DATE OF REPORT: SLAY 17, 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting a Preliminary Plat for the Stryker Addition, consisting of two lots on 3.8 acres located along Rahn Road and Beau De Rue Drive. These lots contain the Big Top Liquor Store and the Cedarvale Highlands building that were constructed in the early 1970's and have commercial uses on the street level and apartments above them. The original goal of the applicant was to split off the liquor store area so it could be sold as an individual tax parcel. Before the county would authorize the split of the existing parcel, the City would have to either require platting or approve the waiver of plat process. Staff recommended platting since the liquor store lot has been developed to its maximum potential. However, upon further review and with legal counsel agreement, staff is recommending that only the liquor store lot be platted at this time and that a new meets -and -bounds survey be submitted for the remaining area. This will separate the ownership of the liquor store from the partnership that controls the residential/commercial building. Since the land use is not changing and no expansion or site modifications are proposed, no site improvements have been requested. However, at the time changes are proposed, the City would look to upgrade the site conditions and bring the area up to current code requirements. S� LOCATION ZONING GUIDE PLAN (s� Agenda Information Memo November 20, 1990 City Council Meeting C. Variance, Ross Bird, for a 10' Variance to the Required 30' Front Yard Setback for Lot 4, Block 1, Prettyman Heights Addition, Located in the SE 1/4 of Section 4 -Requesting a 10' variance to the required 30' front yard setback requirement. Mr. Bird is proposing to locate a house on Lot 4, Block 1, Prettyman Heights Addition. Because of the steep slope in the middle of the lot, the applicant feels it necessary to move the house ten feet closer to the front property line. For additional information n this item, please refer to the Community Development Department report on pages through. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 10' to the required 30' front yard setback for Ross Bird for Lot 4, Block 1, Prettyman Heights Addition (1561 Skyline Drive). SUBJECT: VARIANCE APPLICANT: ROSS BIRD LOCATION: 1561 SKYLINE DRIVE LOT 4, BLOCK 1, P HEIGHTS ADD. EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: NOVEMBER 20, 1990 DATE OF REPORT: NOVEMBER 13, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 10' Variance to the required 30' front yard setback. COMMENTS: The applicant is proposing to locate a house on Lot 4, Block 1, Prettyman Heights Addition. Due to the steep slope in the middle of his lot, the applicant would like to move his house 10' closer to his front property line. This would eliminate the substantial amount of new fill which would be necessary along with the excessive amount of concrete and foundation necessary. There are existing trees in the middle and rear portion of the lot. The applicant also stated that the size of the house and garage would have to be reduced, therefore the conditions per the existing covenants would have to be amended. The proposed house meets, or exceeds, all other setback requirements, as well as lot coverage. If this Variance is approved, the following conditions shall apply: 1. The Variance shall be granted for 10' allowing a 20' setback from Skyline Court. 2. All other aplicable City Code requirements shall be enforced. ■ Is M ct "' Or - 0 Agenda Information Memo November 20, 1990 City Council Meeting SPECIAL USE PERMIT/PRAISE FELLOWSHIP CHURCH D. Special Use Permit, Praise Fellowship Church, to Allow Temporary Church Functions in CSC Zoning District (Cedarvale Mall) Located at 3103 Sibley Memorial Highway in the NE 1/4 of Section 19 --Praise Fellowship Church was granted a two year special use permit on March 13, 1990 to conduct church services in an industrial building located at 3103 Sibley Memorial Highway. Since this time, however, the church's lease has expired and a new location to house church operations is necessary. The church is proposing to occupy 3,800 square feet of space west of Cedarvale Mall located at 3994 Cedarvale Drive. For additional information concerning this application, please refer tq the Community Development Department staff report enclosed on pages ZZthrough. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an application for a special use permit to allow Praise Fellowship Church to conduct temporary church operations in a commercial zoning district at 3994 Cedarvale Drive. If approved, the special permit should be for a period of two years from the date of approval. (f4 f tLt *T,&j ((An) ;l: � - -= ---- Ross Bird Variance wowl-WE! _ s as !SOOP4) SUBJECT: SPECIAL USE PERMIT APPLICANT: PRAISE FELLOWSHIP CHURCH LOCATION: 3994 CEDARVALE DRIVE P.I.D. #10-01900-080-06 EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: NOVEMBER 20, 1990 DATE OF REPORT: NOVEMBER 13, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use PeTmit to allow a temporary church operation in a Commercial zoning district. COMMENTS: Praise Fellowship Church was granted a two-year Special Use Permit on Nlarch 13, 1990 to conduct church services in an Industrial building located at 3103 Sibley Memorial Highway. Since this time, the church's lease has expired and a new location to house church operations is necessary. The church is proposing to occupy 3,800 sq. ft. of space west of Cedarvale Mall located at 3994 Cedarvale Drive. The church has approximately 65 members and meets Wednesday evenings and Sunday mornings. Regular office hours Monday through Friday will also be maintained. The church hopes to purchase land and build a permanent church in the future. If approved, this Special Use Permit shall be subject to the following conditions: 1. The Special Use Permit shall expire and become void two years from the date of approval. 2. All other applicable Ordinances. I s� 1;Z - J3 �v N `Y) 03 ` io m S In cec(a ryale •fit �••r • � � � � Y 1(,3 e 9) 1� m Agenda Information Memo November 20, 1990 City Council Meeting E. Special Use Permit, James Development Company, to Allow a Temporary Off -Site Advertising Sign to be Located on the Center Island of Hackmore Drive at Dodd Road in the NE 1/4 of Section 25 --An application has been received from James Development Company for a special use permit to allow for temporary off-site signage for the Autumn Ridge development. The proposed sign location is just east of Dodd Road on a landscaped center island that splits Hackmore Drive. For additional information concerning this app tion, ple a refer to the Community Development Staff report enclosed on pages lthrough ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an application for a special use permit for James Development Company to allow temporary off-site signage for the Autumn Ridge Development, such signage to be located on a landscaped center island that splits Hackmore Drive just east of Dodd Road. If this item is approved, the special use permit should be subject to the conditions as listed in the Community Development Department staff report. IG� SUBJECT: SPECIAL USE PERMIT APPLICANT: JAMES DEVELOPMENT COMPANY LOCATION: NACKMORE DRIVE & DODD ROAD NW 1/4 OF SECTION 25 EXISTING ZONING: R-1 (SINGLE FAMILY, RESIDENTIAL) DATE OF PUBLIC NEARING: NOVEMBER 20, 1990 DATE OF REPORT: NOVEMBER 13, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow for temporary off-site signage for the Autumn Ridge development. CONINIENTS: Hackmore Drive provides access to both Pinewood Elementary School and Autumn Ridge Addition. The applicant is seeking this permit because his development does not have visihility or direct access from Dodd Road. The proposed sign location is just east of Dodd Road on a landscaped center island that splits Hackmore Drive. The proposed sign is 4' x 4' and will read "Autumn Ridge" with an arrow beneath it. The applicant has contacted I.S.D. #196 and the district has no opposition to the proposal. If approved, this Special Use Permit shall be subject to the following conditions: The Special Use Permit for this temporary off-site directional sign shall be valid for one year from the date of approval. 2. Sign is subject to the one-time sign fee of $2.50 per square foot. 3. All other applicable Ordinances. go /.,.,O. ram rV►e� 1R,10 '.LRM 0-9.eA CLE AALSID£ ' PARK ti 1 i E E CD m a m m ac c N� c cda c BOLL m 0 °� $ $ $ E E in m vo m � Nr7C NN m c07^ N N •! N � f7 tA9�-oma y�a3.m�e,r� 46 N � C-4 N •,� Qm0OWLLf'3 O M II T d V C • V N V C m Agenda Information Memo November 20, 1990 City Council Meeting SPECIAL HUNTING PERMITaL GRUENHAGEN AND TIM TOUSIGNANT F. Special Hunting Permit, Al Gruenhagen and Jim Tousignant on Property Owned by Albert Perron, Located on Yankee Doodle Road west of Unisys --An application has been received from Al Gruenhagen and Jim Tousignant requesting a special permit for goose hunting during the month of December on property owned by Albert Perron. The property in question is located on Yankee Doodle Road west of Unisys. The property is bordered on the west by Carbone's Pizza Parlor and by Quarry Park. A parcel of property owned by Richard and Lois Gangl is located on the southern part of the property in question. Enclosed on pages M through e copies of letters from Al Gruenhagen and Jim Tousignant request' g permission to hunt geese and a copy of a letter from Albert Perron giving his permission for the same. Enclosed on pageis a copy of a map showing the property in question. For the Council's information, th ity has received complaints in the past from City residents concerning the use of fire arms on this speck piece of property. For the Council's information, enclosed on page a copy of the Eagan City Code regarding the discharge of firearms within the City. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request by Al Gruenhagen and Jim Tousignant for a special hunting property owned by Albert Perron located along Yankee Doodle Road west of Unisys, and east of Carbone's Pizza and Quarry Park. 11/12/94 Dear Mayor and City Council menbers: We request permission to hunt geese on Albert Perron's property west of Unisys and along Yankee Doodle Road. This request is for the December Metro Goose Hunt. Attached is a letter from the property owner, Albert Perron, giving us his permission. Thank qu Al G�uen.F�agertf" TT-�ousgiim n 11/12/94 Dear Mayor and City Council members I Albert Perron give Al Gruenhagen and Jim Tousignant my permission to hunt geese on my property during the Metro Goose season in December. The property is the field located along Yankee Doodle Road and west of Unisys. Thank you Albert Perron 2996 Prot Knob Road Eagan, Mn. ? 1V ;.f si tr s. • e2J C. lumm"fift a Irbotl fawav w w wCan bm" 2a A 00-91 W_ --4584. QUARRY tj 0-9, PARK 0 W4. C 0 Wtm I .,!-m Location # uk1sy PAI A e .wr 7) D3 JTI (YANKEE ODL CO. RD. NO� 29 )0 75 L CO 0 DOODLE .EE Ek 400/7 31 su �G lot 7 Dove 999Nrr�TOr ;a 7* lip 7 - AK 7 L 2. 006�w CIRCL lk RASMUSSEN Cot EGE CAMPN E 5 10.10 one-fourth inch, or more, from the material to which it is attached, and with the protruding portion pyramidal in shape, sharp or pointed. Source: Ordinance No. 33, 2nd Series Effective Date: 6-6-86 Subd. 2. Exception. Nothing in Subdivision 1 of this Section shall prohibit the possession of the articles therein mentioned if the purpose of such possession is for public exhibition by museums or collectors of art. Subd. 3. Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fireworks, air gun, air rifle, or other similar device commonly referred to as a B -B gun. Source: City Code Effective Date: 1-1-83 Subd. 4. Exception. Subdivision 3 of this Section shall not apply to: A. A display of fireworks by an organization or group of organizations operating under a permit issued by the Council pursuant to Minnesota Statutes, Section 624.22. Proof of liability insurance in an amount set by Council resolution shall also be required. This insurance shall name the City as an additional insured party. B. A person in the lawful defense of person, family or property. C. The discharge of firearms in an approved firearms range operating under a permit issued by the Council prior to August 15, 1989. D. Law enforcement or military personnel while in the course of their duties. E. Any person participating in a special hunting season, which season may not conflict with State law or regulations, established by the Council for purposes of wildlife management. Source: Ordinance No. 87, 2nd Series Effective Date: 8-25-69 Subd. 5. Carrying and Transporting of Firearms. Except where otherwise specifically authorized by law, it is unlawful to carry any firearm unless it is unloaded and encased in a proper case or to transport any firearm in a motor vehicle unless it is in the trunk, unloaded, and 229 (6-15-90) I e� -C�-- Agenda Information Memo November 20, 1990 City Council Meeting G. Preliminary Plat, Town Centre 100 9th Addition/Systems Control Inc., Consisting of One Lot and an Outlot on Approximately 5.4 CSC (Community Shopping Center) Acres within the Eagan Heights Commercial Park Planned Development, and a Conditional Use Permit to Allow a Drive-Thru Automobile Emission Testing Facility Along the North Side of Town Centre Drive and West of O'Leary Lake in the NE 1/4 of Section 15 --At its regular meeting of October 23, 1990, the Advisory Planning Commission held a public hearing to consider an application for a preliminary plat and conditional use permit as described above for Systems Control, Inc. For additional information concerning this applications, please refer to the Community Development Department staff report which is enclosed on pages 9!4through for your review. Also enclosed on page 113, th is a copy memo from C' Planner Sturm regarding the Advisory Planning Commission action and on pages through 0 -44t -a copy of the Advisory Planning Commission minutes related to this item. The APC is recommendin¢ unanimous aDDroval of these annlications. Enclosed on page is a copy of a memo from Director of Parks and Recreation Vraa regarding the action Raken by the Advisory Parks and Recreation Commissi n ay its November 1, 1990 meeting regarding these applications. Also enclosed on page is a copy of a map indicating financial obligation for a water availability charge. rV ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Systems Control Inc., for Town Centre 100 9th Addition and a conditional use permit to allow a drive-thru automobile emission testing facility along the north side of Town Centre Drive and west of O'Leary Lake in the NE 1/4 of Section 15, subject to all conditions as recommended by the APC and ARPC. I --A3 SUBJECT: PRELIMINARY PLAT, CONDITIONAL USE PERMIT TOWN CENTRE 100 9TH ADDITION APPLICANT: SYSTEMS CONTROL, INC LOCATION: OUTLOT F, TOWN CENTRE 100 ADDITION EXISTING ZONING: PD -CSC (PLANNED DEVELOPMENT -COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: OCTOBER 23, 1990 DATE OF REPORT: OCTOBER 1S, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat for one lot and one Outlot and a Conditional Use Permit to allow a drive-thru automobile emission testing facility along the north side of Town Centre Drive on Outlot F, Town Centre 100 Addition. BACKGROUND: Systems Control is a private company contracted by the State of Minnesota to measure automobile emissions from existing automobiles registered in the state. These inspections due to begin July 1, 1991 are required by a recently passed Minnesota law mandating an automobile inspection program. The applicant, Systems Control, has over 25 years experience in the automotive testing field. They are the operators of large inspection programs in Illinois, Maryland, and Washington state and have performed over 22 million inspections during the 1980's. The law requires that each vehicle take the test prior to re -registering their license plates. Car owners will take their vehicle to the test facility to a test bay (not service bay) where an inspector will insert a probe into the tailpipe. The test results will print out automatically from the computer. The applicant indicated to staff that the average length of the test is less than two minutes. Less than 10% of the vehicle owners require use of the information office; most simply leave the facility after receiving the test result printout. Each facility is staffed with two inspectors per lane, one station manager, and one MPCA waiver inspector for a total of 10 employees on duty. The hours of operation are: Sunday & Monday Closed Tuesday & Thursday 7:00 a.m. - 7:00 p.m. Wednesday & Friday 7:30 a.m. - 5:30 p.m. Saturday 8:00 a.m. - 2:00 p.m. Systems Control prototypes supply parking for the following: one parking space for each employee on duty; one additional space per each lane; one handicapped parking space; and one parking space for the NTCA inspector. The applicant expects that each lane will inspect an average of 15 vehicles per hour. Only vehicles with a gross vehicle weight less than 8,500 pounds are required to be tested. All heavy duty vehicles are excluded from this program. COMMENTS: Initially the plans for this proposal were for Outlot E, the lot immediately to the east of this proposal. At the developers staff meeting, it was determined that the use was incorrect for the Limited Business zoning classification for that lot. The applicant asked to move the proposal to Outlot F, zoned CSC, at which time staff asked for a Conditional Use Permit and revised plans. These plans were submitted and reviewed. On October 17, 1990, a second revised plan was submitted to City staff for review. The architect only had the site plan prepared and no other plans, such as grading or landscaping finished. The new plan was created once the architect had a chance to review the second revised plan's site topography and drainage plan from the engineering company. The two changes to the new site plan are: The drive lanes were skewed counter clockwise in order to eliminate the retaining wall on the east side of the site. The grades of the access exit of the site are more manageable than the initial site (Outlot E) so the access lanes have been separated from the exit lanes. The following site plan review was completed prior to the second revised plan which arrived on October 17, 1990. The minor modifications will not have a significant impact on the remainder of the review since all other information has remained the same. EXISTING CONDITIONS: Currently, the site is platted as Outlot F, Town Centre 100 Addition. The site is located directly south of Lot 1, Block 1, Town Centre 100 Addition (Waterview Office Tower), west of O'Leary Lane, north of Town Centre Drive. The site gradually slopes to the north towards the Waterview Office Park parking lot. It is an open grassy field with no outstanding physical characteristics. SITE PLAN REVIEW: The site plan indicates one lot which is 1.71 acres and one Outlot which is 3.64 acres. Access to the site is gained from Town Centre Drive. The approximate 4,848 sq. ft. building has four testing bays and a small office area. The site has a two lane, one way drive lane which expands into a four lane stacking area. There is a seperate drive aisle for the parking area which has one handicap and ten 10' x 20' parking stalls. The parking indicated on the site plan does not meet the prototypical parking plan for Systems Control. Three additional parking stalls are necessary to meet their requirements. The entrance/exit access shown on the plan is 26', the City requirement is 30'. I -�s All setback requirements, as well as stacking requirements, for the drive-thru facility are met. CSC zoning districts allow up to 30% ma)dmum building coverage; this site's building coverage is 6.5%. The proposed building is a tan/brown brick structure with a matching contrast brick and paint for the garage doors and office doors. The trash/ recycling enclosure is located in the rear of the building and should be large enough to contain both trash dumpsters and recycling bins. The State of Minnesota shall provide signage to the site on all major highways. Proposed signage at the site is a monument sign located between the drive access. A seperate sign plan was included with the proposal. LANDSCAPE PLAN: The landscape plan was not prepared by a landscape architect. All plant material is either minimum size as allowed by the City or below the requirements of 1-1/2" caliper for overstory trees, 1-1/2" caliper for understory trees, and 6' tall for conifers. Staff is concerned with the lack of screening shown with this plan. The plan needs to be significantly 'beefed up" to meet the typical performance standards of the City and what Federal Land Company has demonstrated in the past. The final plan must be submitted as a grading plan and berming should be shown in every possible location. Parks & Recreation staff will be recommending the following at the Advisory Parks & Recreation Commission meeting on November 1, 1990: The planned development has previously fulfilled the parks dedication requirement. The developer shall install a 6' concrete sidewalk along Town Centre Drive in accordance with the Planned Development Agreement. GRADINGCDRAINAGF,TROSION CONTROL: The initial grading of the proposed site was completed with the development of the Town Centre 100 and Town Centre 70 development in the mid -1980's. The proposed grading plan submitted with the preliminary plat application shows cut and fill areas of less than 4' +/-. The preliminary grading/drainage plan proposes to direct the majority of the site generated storm water runoff from the impervious areas of the site to the northeasterly corner of the development where the storm water runoff is collected in an internal storm sewer system proposed to connect to the existing storm sewer system in O'Leary Drive. This area of the Town Centre 100 development is designated to connect to the lateral storm sewer system in O'Leary Drive. At this point, the information relative to the proposed connection to the existing storm sewer system was not presented for staff review and comment. WATER QUALITY: This proposed development is located in the direct drainage area to Pond DP -5. Pond DP -5 is a designated ponding area in the City's Comprehensive Storm Water Management Plan and classified as a nutrient trap in the City's Comprehensive Water Quality Management Plan. The proposed site was analyzed for water quality requirements in accordance with the City's Comprehensive Water Quality Management Plan and was determined that a cash contribution be required based on the following parameters: Wet pond volume - 0.33 acre/feet Minimum surface area - 0.14 acres UTILPI'IES: Sanitary sewer of sufficient depth and capacity to serve the proposed development is readily available along the easterly property line of the site. No service stub has been provided and a direct connection to the existing sanitary sewer line is required. Water main service of sufficient capacity and pressure is readily available in Town Centre Drive. No water main service stub was provided to the proposed site and a direct connection to the existing water main in Town Centre Drive is required. STREETS/ACCESS/CIRCULATION: Street access to the development is proposed in two locations along Town Centre Drive separated by approximately 40'. The westerly access is designated for egress only, and the easterly access for ingress only. Staff recommends a maximum separation between the two proposed access points. The westerly egress point can be moved west and centered opposite the exit doors of the facility and narrowed to approximately 16' in width. The easterly ingress/egress access point could be moved approximately 20' East. Movement of the easterly access would provide a more direct route to the users of the proposed inspection facility. EASEMENTS(RIGHTS-OF-WAYfPERMITS: Sufficient right-of-way for Town Centre Drive was provided for with the original platting of the Town Centre 100 development. The development will be responsible for providing an additional 25' of utility easement along the easterly property line of the proposed site to accommodate the City's eadsting trunk sanitary sewer line. Additional easement will be required across the easterly adjacent property for the proposed outlet to the interior lateral storm sewer system. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. FINANCIAL OBLIGATION - TOWN CENTRE 100 9TH: 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 Amin Water Availability Charge 538 C/I $2,285/A .36A* S 823 TOTAL $ 823 *Portion of Outlot F that is in NE 1/4 of NE 1/4 of Section 15. TOWN CENTRE 100 9TII ADDITION CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B4, C1, C2, C4, D1, F1, F1, G1, and H1. 2.A revised site plan shall be submitted showing the number of parking stalls which will support the number of employees and the number of customers. 3 The entrance/exit accesses shall be a minimum of 30'. 4 The trash enclosure shall be large enough to accomodate recycling. 5 A revised landscape plan shall he submitted on a grading plan, showing materials which meet Citv requirements. 6. The development is required to provide an outlet to the proposed internal storm sewer system to the existing storm sewer system in O'Leary Drive. 7. An additional 25' easement is required for the existing trunk sanitary sewer line along the easterly property line of the proposed site. 8. The westerly egress point to Town Centre Drive is required to be moved westerly and centered on the exist doors of the proposed facility and narrowed to a 16' width. 9. The easterly access point is required to be moved approximately 20' east and designated for ingress and egress. 10 • The development is required to provide a cash dedication for fulfillment of water quality requirements as identified in the City's Comprehensive Water Quality Management Plan. 0 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 Ri bts-of-'day 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final.plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. S. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Imerovements I. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks and Trails Dedication 1. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. eater Quality Dedication 1. This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water Quality Management Plan. H. her 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. l►dvisory Planning commission Approved: August 25, 1987 Revised: plataprv.con LTS #2 City Council September 15, 1987 July_ 10, 1990 Systems Control 55121 1 - 1MMPAC - wIK:N rT POIM1' vT. - iDP[ST PIM; 7 - IRONWOOD LP - REDWOOD ►T. Street Map Zoning Maps Land Use Guide Pian Map l$3 M O'LEAR A ?' H D 4 .Y1+�rn excel r ■ern Sw 1 i 0j t 14 - CARRIAGE Nw MILLS VOLf d cowtsf Ind.F�� Id _fe.eM 'ad '0___0),�DN3AY-N z �n mw r J:) ! w N� f w �i DO www f z ry HCH T G L r HDtc d J C0 9"1=i 0 (n w z ,H VI W 0 Q a J Q U z a' } Q w z J � Q CL F a 0 1 I U 0 U U ��� Y Io z �J�DDm3-- to 0-j Q ui H„ J w 0 w� w I' J p j tLLI^ Q z r o z� ly' lUK a QW wn' '� tp� h 0 0ZLLJ0 U,. a' < W N,a E o 1/4 - S EC9 15 9 T,9 27 S E: Vel SEG, W, 12-1, R c 3 • (YANKEE DODDLE r tta�+e char,9e� by c _ N N r m D OUTLOT A r 1 UC pro ... 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There was little discussion by the Planning Commission on this item; however a revised landscaping plan was to be submitted to staff for review prior to the City Council reviewing the item. Federal Land agreed to this and they also agreed to an additional condition added by staff stating that all signage shall conform to Code requirements and a one-time sign fee of $2.50 per square feet. Mr. Dave Kelso from the MPCA was here along with the applicants. If you would like additional information on this item, please advise. City Planner JS/js CC: Dale Runkle, Community Development Director x`13 Page 11 - EAGAN ADVISORY October 23, 1990 PLAIMING COMMISSTAX MINUTES Chairman Graves stated that::: :::.the uses proposed by the post office were allowed in an LB, zon Member Miller moved, Hoeft seconded, the motion to deny the Comprehensive Guide Plan amendment changing the land use designation from D-11 (Mixed Res 0.-To..;inits per acre) to LB, (Limited Business) for property locat i. e east side of Johnny Cake Ridge Road south of Diffley Road :northwest quarter of Section 28 for the following reasons: 1. Traffic concerns; 2. The incompatibility of%'a'­p*ost 6'& ice use within an LB zone. Miller, Hoeft, Graves and Merkley voted for the notion; Gorman, Trygg and Voracek voted against. The motion passed. TOWN CZNTRZ 100 XXXTU::ADDITION - EYSTWO CONTROL, INC. Chairman Graves introduced-':'a**n".;:*a'4;1.i-cation for a preliminary plat consisting of one lot and an:.:-out16t-:b-*-'n­ Approximately 5.4 Community Shopping Center acres within :'.$agan....Hdj,4fits Commercial Park Planned Development and a conditional:.'.'.. to allow a drive through automobile emission testing.-:...f1'ity along the north side of Town Centre Drive and west of::,::0:1'Leary Lake in the northeast quarter of Section 15. (Commissionmember Hoeft left the meeting at this point.) City Planner Jim Sturm reviewed::x -ho:-:-%taf f report for the Planning Commission. Charles Bartholdi for Federal its proposed use. He stated he was tAhd Cop pany explained the plat and a I viilabI,* for questions. Chairman Graves asked why this locatftm 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 MPCA stated that 1.1 million vehicles would be servicer' --by 11 different testing facilities. Member Merkley had quest; t' '*"*dee .. kV41n­#:the access. Assistant City Engineer Mike Foertsch explai ::4taift--.-::r%ecommendat ions. Stan Koswicky (MPCA) will use the office area. the Planner and Engineer referenced that the site year. explained how:,:: 10ss than 1% of 'the vehicles He further stated that they would work with to study the traffic flow on-site. He was planned to handle 139,000 vehicles per Page 12 - EAGAN ADVISORY PLAN-92-NG COMMISSDW. MINUTES October 23, 1990 Miller moved, Trygg seconded,'•'themotion to approve a preliminary plat consisting of one lot and an outlot on approximately 5.4 CSC (Community Shopping Center) acres within the Eagan Heights Commercial Park Planned Development along the north side of Town Centre Drive and west of O'Leary Lake ::;#:::::::he;:;:east quarter of Section 15, subject to the following condit:iaits;::� :::::::':' :'` ;:::: 1. These standard conditions' :.:of plait approval as adopted by Council action on July 10, 1990.ti'all b�:complied with: Al,, B1, B2, B4, Cl, C2, C4, D1, E1, F1, G::::c;:$::.:.•.•.•.;:;:;::::::' 2. A revised site plan shall be submitted showing the number of parking stalls which will support the number of employees and the number of customers. 3. The entrance/exit accesses::J6h4-ll. be a minimum of 30 feet. 4. The trash enclosure sh "11..;.;:;?si ::: urge enough to accommodate recycling. 5. A revised landscape plan shall be submitted on a grading plan showing materials which meet City requirements. 6. The development is iqu l::;;:t ::::::provide an outlet to the proposed internal storm sewersyst"..'to the existing storm sewer system on O'Leary Drive. 7. An additional 25 -foot +easementg required for the existing trunk sanitary sewer line along the easterly property line of the proposed site. S. The westerly egress point on To"-.*.�entre Drive is required to be moved westerly and centered on the ea -'*ting doors of the proposed facility and narrowed to a 16-4Qt.•,tdth.•.• 9. The easterly access point :::::::-1s required to be moved approximately 20 feet east and designated -:or ingress and egress. �k5 Page 13 - EAGAN ADVISORY PLANSING COMMISSIi�*:MINUTES October 23, 1990 10. The development is re'" -r a':'p=ovide a cash dedication for fulfillment of the water quality"to-quirements as identified in the City's Comprehensive Water Quality Management Plan. 11. All sign met per City Code. 12. The applicant shall work.' out tKi final details of internal traffic circulation with staff prio;r**:;to fiaFii plat approval. 13. Rooftop mechanical devices shal'l"be screened. All voted in favor. Miller moved, Trygg seco)ided,....the motion to approve a conditional use permit to allow a driVe`.A hough automobile emission testing facility along the north side'' 'crf:::;:ToWn Centre Drive and west of O'Leary Lake in the northeast.... quartie=...qf Section 15. All voted in favor. PYLON SIGN Lim COMPANY City Planner Jim Sturm introduced the application summary to the Planning Commission. Voracek moved, Merkley seconded, the motion to approve a pylon sign agreement for the Par i: -*deli located along the north side of Cliff Road in the sfou ear of Section 30. All voted in favor. CLIFF LAKE CE1�1' Z 2ND ADDITION :: iiC Aj4OCIATEB JOINT VE]rf=z I Chairman Graves opened the next pudic hearing for the evening regarding a preliminary plat consisting of one lot on approximately 1.2 previously zoned CSC (Community Shopping Center) acres within the Lagan Hills West Planned Development and a conditional use permit to allow a bank with drive through tellers located along Cliff Lake Drive in the southwest corner of Section City Planner Jim Sttcoi:'=QQ?i the background for the development and reviewed "''tTie ''''etf' ''teport with the Planning Commission. Bill McHale for Ryan Construction i tated that all concerns had been addressed. He further stated that the developer had been released from the tri -party agreement by the DNR. He gave a history of the pylon sign. I kyj 10kyjI j7:�117 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: NOVEMBER 5, 1990 RE: TOWN CENTRE 100 - 9TH ADDITION The Advisory Parks and Recreation Commission reviewed the above referenced proposal at it's November 1, 1990 meeting and made the following recommendations: 1. That the planned development has previously fulfilled their parks dedication requirement. 2. That the proponent be responsible for installing a 6 foot wide concrete sidewalk along Town Centre Drive in accordance with the Planned Development Agreement. KV:cm cc: Ed Mrscht, Engineering Technician Marilyn Wucherpfennig, Planning Aide !i s 8i t W ` -I i � e � w Agenda Information Memo November 20, 1990 City Council Meeting PYLON SIGN AGREEMENT/FEDERAL LAND COMPANY H. Pylon Sign Agreement, Federal Land Company, for the Park Center Addition Located Along the North Side of Cliff Road in the SE 1/4 of Section 30 --At its meeting of October 23, 1990, the Advisory Planning Commission met to consider a conditional use permit for pylon signs and pylon sign agreement for Federal Land Company for the Park Center Addition. This agreement is consistent with condition 4 of the Park Center plat's development contract. Under agreements of this type, the conditional use permit is applied for once for the overall signage plan and subsequent signages permitted administratively provided it is consistent with the approved plan. For additional information related to this item, please refer to the staff report and memoranda whichenclosed on pages �� through for your review. Also enclosed on page,��are the Advisory Planning Commission minutes related to this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the pylon sign agreement for Federal Land Company for the Parks Center Addition located north of Cliff Road in the SE 1/4 of Section 30 as presented. MEMORANDUM TO: GARY GRAVES, COMMISSION CHAIRMAN FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 16, 1990 RE: PARK CENTER PYLON SIGN AGREEMENT - OUTLOT A The Park Center Addition was given Preliminary Plat approval by the City Council on August 15, 1989. Included in the Preliminary Plat were plans for an 86,600 -square -foot retail strip center, a 4,500 -square -foot Class I restaurant, a 6,000 -square -foot retail building, a 4,800 -square -foot bank, and a 60+ unit senior housing center. In the Development Agreement for Park Center Addition, Condition #4 states that a pylon sign agreement shall be entered into. The agreement has been drafted, but is not signed to date. The document and subsequent exhibits are in order for execution. y Planner IS/mg auo CITY OF EAGAN PARK CENTER PYLON SIGN AGREEMENT This Agreement, dated as of Srp�. i%_, 1990, by and between the City of Eagan, a municipality of the State of Minnesota, hereinafter called "City," and Federal Land Company, a Minnesota partnership, whose address is 3470 Washington Drive, Eagan, Minnesota 55122, hereinafter called "Owner." WHEREAS, the Owner desires to plat the real property located in the City of Eagan, County of Dakota, State of Minnesota, legally described in Exhibit "A" attached hereto (hereinafter the "Property"); and WHEREAS, the City is requiring a plan showing the location of all pylon signs (as defined in Section 4.20 of the Eagan City Code) to be located on the Property; NOW THEREFORE, the City and the Owner agree as follows: 1. Four pylon signs shall be allowed on the Property in the locations shown on Exhibit "B" attached hereto. 2. No more than four pylon signs shall be erected on the Property unless otherwise mutually agreed by the City and all fee simple owners of the. Property. 3. The public hearing process for a conditional use permit for a pylon sign shall be required for the first pylon sign erected on the property. Thereafter, so long as the pylon sign complies with all of C) -o the requirements of the Eagan City Code, a conditional use permit and the public hearing process for a conditional use permit for a pylon sign shall not be required for subsequent pylon signs which are constructed in the locations shown in Exhibit "B." 4. This Agreement shall not apply to monument signs (as defined in Section 4.28 of the Eagan City Code) or signs other than pylon signs. 5. The terms of this Agreement shall be legally enforceable by either party in a court of competent jurisdiction and each of the parties retains the right to assert any legal, equitable, or administrative right of action or defense which may be available by law in order to implement or enforce the terms of this Agreement. 6. The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the Property and shall be binding upon the heirs, successors and assigns of the parties hereto. 7. This Agreement may be recorded with the Dakota County Recorder. -2- ';cz --:2- 1. IN WITNESS WHEREOF, we have hereunto set our hands. CITY OF EAGAN (Date: ) By: Its Mayor Attest: Its Clerk Signed Agreement Approved as to Form: Eagan City Attorney (Date: ) Approved as to Content: Eagan City Planner (Date ) THIS INSTRUMENT DRAFTED BY: Charles R. Bartholdi Attorney -at -Law 3470 Washington Drive Eagan, Mn. 55122 Telephone: (612) 452-3303 FEDERAL LAND COMPANY By• Z!22 - 2. Its: Partner -3- d �3 STATE OF MINNESOTA ss. COUNTY OF DAKOTA On this day of , 1990, before me a Notary Public withi-n--a-nU for said County, personally appeared THOMAS EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. STATE OF MINNESOTA 55. COUNTY OF DAKOTA Notary Public On this day of per , 1990, before me a Notary Public within and for said C unty, personally ,appeared Martin F. Colon to me personally known, who, being by me duly sworn to be a partner of Federal Land Company, the Partnership named in the foregoing instrument, and that said instrument was signed on behalf of said Partnership by said Martin F. Colon and he acknowledged said instrument to be the free act and deed of the Partnership. V 10 1 1 F T bf tary Public --------------- eMMY PUBW - wRSEo°ra WAQHINQTON COUNTY W oesrslam awbm"M Wl"Ma CO— OPIPPFF-F-PIP-P I -4- w N ' O 4r •.i 4 4 JJ 4) 7 aJ 41 •d O Qr 4 41 C 41 .. m (+ r 41 O L O O 4 c r1 4 Qr JJ (3. 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Condition #4 of the original development contract stated that a pylon sign agreement shall be entered into and this agreement was the final product. Since typically pylon signs are Conditional Use type items, the agreement was brought through the Advisory Planning Commission and the public hearing process. If you would like additional information on this item, please advise. City Planner JS/js CC: Dale Runkle, Community Development Director ..... ........ ............. Page 13 EAGAN ADVISORY PLM* NG COMMISSION: MINUTES October 23, 1990 .... ...... 10. The development is r e 4* , 0'. -'r.* a to'-*:V'rovide a cash dedication for fulfillment of the water qualityfei*q­uirements as identified in the City's Comprehensive Water Quality Management Plan. 11. All sign requirements 22. The applicant shall wo traffic circulation with staff pri 13. Rooftop mechanical devices All voted in favor. met per City Code. k-o'ut th6final details of internal f i,.nii' plat approval. shall"be screened. Miller moved, Trygg secoil - ded.....the notion to approve a conditional use permit to allow a dr'i"":�:.-*:.:t,b.x..oUcgh automobile emission testing . facility along the north Centre Drive and west of O'Leary Lake in the northeast:.-*.: quart6r.-.,pf Section 15. All voted in favor. PYLON SIGN AGRZXKXXT:::'-'F=ZRAL LAND COMPANY City Planner Jim Sturm introduced the application summary to the Planning Commission. Voracek moved, Merkley seconded, the motion to approve a pylon A - sign agreement for the x. located along the north side of Cliff Road in the edfthikiiit t-:)tidi�t-dr of Section 30. All voted in favor. CLIFF LAKE CENTRE 2ND ADDITION "":42C &"OCIATES JOINT V]MrfMZ I Chairman Graves opened the next puklc hearing for the evening regarding a preliminary plat consisting of one lot on approximately 1.2 previously zoned CSC (Community Shopping Center) acres within the Eagan Hills West Planned Development and a conditional use permit to allow a bank with drive through tell -ors located along Cliff Lake Drive in the southwest corner of section City Planner JimSttf .......... ift-&- the background for the development and reviewed with the Planning Commission. Bill McHale for Ryan Construction"iitated that all concerns had been addressed. He further stated that the developer had been released from the tri -party agreement by the DNR. He gave a history of the pylon sign. Agenda Information Memo November 20, 1990 City Counci I. Preliminary Plat, Cliff Lake Centre 2nd Addition/RHC Associates Joint Venture I, Consisting of One Lot on Approximately 1.2 Previously Zoned CSC (Community Shopping Center) Acres within the Eagan Hills West Planned Development, and a Conditional Use Permit with Drive-Thru Tellers Located along Cliff Lake Drive in the Southwest Quarter of Section 29 --At its regular meeting of October 23, 1990, the Advisory Planning Commission held a public hearing to consider an application for a preliminary plat and conditional use permit to allow a bank with drive-thru tellers for Cliff Lake Centre 2nd Addition located along Cliff Lake Drive in the SW 1/4 of Section 29. For additional information concerning this application, please refer to the Community Development Department staff report which is enclosed on pagesc? ! Othrough r your review. Also enclosed on page a copy of a memo from C' PlannVCis regarding the APC action on this item. Also enclosed on pages hrougha copy of the Advisory Planning Commission minutes related to t 's i em. Theecommending denial on the preliminary plat based upon traffic issues, the impervious surface area, and a concern of too much development in a small area. For the Council's information, enclosed on page a copy of a memo from Director of Parks and Recreation Vraa regarding the Advisory Parks and Recreation Commission recommendations for this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Cliff Lake Centre 2nd Addition as requested by RHC Associates Joint Venture I and a conditional use permit to allow a bank with drive-thru tellers located along Cliff Lake Drive in the SW 1/4 of Section 29. SUBJECT: PRELIMINARY PLAT (CLIFF LAKE CENTRE 2ND ADDITION) APPLICANT: RYAN PROPERTIES, INC. LOCATION: OUTLOT A, CLIFF LAKE CENTRE P.I.D. #10-17780-010-00 EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: OCTOBER 23, 1990 DATE OF REPORT: OCTOBER 15, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat of approximately 1.2 acres of previously -zoned PD land for the Cliff Lake Centre 2nd Addition. The proposed development at this site is a bank with drive-thru facilities. BACKGROUND: The site in question was platted as Outlot A, Cliff Lake Centre on March 1, 1988. At this time, a tri -party agreement was reached between the City, the DNR, and the developer as to the amount of allowed impervious surface. This agreement designates specific impervious surface percentages for each lot in the Cliff Lake Centre plat. The proposed bank facility has an impervious surface of 58%. The tri -party agreement mentioned previously allowed Outlot A an impervious surface of 42.017%. The applicant has contacted the DNR Regional Hydrologist who believes the additional impervious surface is negligible in terms of additional run off. However, the tri -party agreement was engineered not only to control the amount of run off, but also to maintain a certain amount of green space. If a deviation from the agreed 42.017% impervious surface for Outlot A is allowed, the City, the DNR, and the developer shall enter into another agreement and to insure that an amended Restrictive and Environmental Covenant Agreement is recorded in the office of the Dakota County Recorder. SITE PLAN: The site plan shows the bank facility with a footprint of approximately 2,800 sq. ft. There is a basement and ground level floor. The total square footage, including the drive-thru canopy, is 7,378 sq. ft. Based on gross floor area, the City Code requires 30 on- site parking stalls. City design standards require customer parking stalls to measure 10' x 20', handicap parking 12'x 20', and employee parking 9'x 20'. The plan shows 24 9'x 18' customer parking stalls, one 12'x 18' handicap stall, and five 10' x 18' employee parking spaces. All setback requirements have been satisfied. �. l0 The plan also shows five drive-thru banking stations and one automatic teller (ATM) drive. The City Code requires five stacking spaces per drive-thru lane. SEH, the City's traffic engineer, has reviewed the site plan and circulation and has arrived at the following conclusions: Drivers using the most northerly parking space adjacent to the bank building will be required to back out into the bank entrance upon exiting the site, which is not advisable. Eight foot drive-thru lanes are shown, while ten foot lanes are advisable as larger vans, pickups, and automobiles will find the eight foot width difficult to negotiate. The fifth drive-thru lane appears especially cramped with slightly less than eight feet at the entrance to the lane. The storage area behind the drive-thru facilities will accommodate a maximum of 16 vehicles before the storage begins to affect site entry circulation. As mentioned previously, the City Code requires five stacking spaces for each drive-thru lane. Based on the SEH review, the site plan does not provide the required stacking spaces. If one drive-thru lane is eliminated and the width of the remaining lanes are increased from eight to the City standard of 10', the required stacking can be accommodated. The building will be brick with a metal facia strip and a metal panel roof. The brick color is intended to match the rest of the center. The metal panel roof will be approximately 4' above the actual rooftop so all rooftop mechanical equipment will be hidden. The trash and recyclable enclosure will be located on the north side of the building and must be constructed out of the same brick as the building. The applicant has proposed a pylon sign on the south end of the site, as well as some building signage. Staff has not received drawings of any signage. The master sign plan for Cliff Lake Centre illustrates shopping center monument signs located north and south of the subject site and a pylon sign on the site in question. However, a centre pylon sign has been installed instead of the approved centre monument sign. This sign is approximately 100' from the proposed location of the bank pylon sign. Due to the proximity of the existing centre pylon sign, staff recommends only allowing a bank monument sign at this site. The Parks & Recreation Department staff is relaying to the Advisory Parks & Recreation Commission at its November 1, 1990 meeting that the developer currently has no obligation for parks dedication at this time. a �1 GRADING, DRAINAG "EROSION CONTROL: The grading of the proposed site was provided with the initial development of the Cliff Lake Center. Minimal grading is required with the development as proposed. WATER QUALM: All water quality requirements in accordance with the City's Comprehensive Water Quality Management Plan were fulfilled with the 1st Phase development of the Cliff Lake Center. STREETSIUTILITTESIFASEMENTSTERNMS: All infrastructure facilities necessary to serve the proposed development were provided with the initial phase of the Cliff Lake Center development. The development is responsible for acquiring all regulatory agency permits as required by the affected agency. FINANCIAL OBLIGATION - CLIFF LAKE CENTRE 2ND: Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Arm None $0 CLIFF LAKE CENTRE 2ND ADDITION CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: A1, B1, C1, C2, C4, D1, E1, F1, and H1. 2. The City, the DNR, and RHC Associates shall enter into a Restrictive and Environmental Covenant Agreement should the impervious surface of Lot 1, Block 1, Cliff Lake Centre 2nd Addition exceed 42.017%. 3. On-site parking stalls shall meet City standards. 4. Drive-thru lane widths Miall be increased to 10'. 5. A maximum of four drive-thru lanes and one ATM lane shall be allowed. C. All trash and recycling containers shall be stored inside or outside in a trash enclosure attached to the building and made out of the same materials as the main building. 7. Rooftop mechanical equipment shall not be visible from the street. R. All signage shall meet Sign Code regulations and be subject to the one-time sign fee of $2.50 per sq. ft. 9. Site shall he allowed one monument sign. al 3 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Wady 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional -engineer in accordance with City codes, engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 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. Farks and Trails Dedication 1. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. water ouality Dedication 1. This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's water Quality Management Plan. 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 ass City Council September 15, 1987 July 10, 1990 I.- o C. -AT I o t*.i �eSN INCA (auI C>,c FLA, t4 'ale LACKHAWY jj�\�����.;,•:�.��,i,.: ,. \- Tom. _,yw��PM"� �I 1--F9 ==v Bourn Le o T6'.aJ `. ci r. rGcv w I'm EI iI c l!d fill i 1!i LU uj Q L) N V � � s� �� Cl) Jlr #lop' O IL LL _ �; zz . ........ . 9%wnu AirvIt <00" & 5ferM f7i,N "MMILIOnQ YVIS811 Mid AMVMV4n3Ud 4 avow Min Julio In VNVS NVOY3 VVISHIS I IF -r- 0, / 'i' oil ; AQ" rK "low IS < Oj t t tt. 1 2� nil fill' L!L, j 1 2� tt 7-' 01 mor -ld 3dV3S0NV-1 MY OVON amyl alillo XNV8 NVDV3 HYLSWU 10 ci 0! HVId avotl 3MV1 slanD mr-S lit &W -S INOO NOISOH3 T IM no 101, )INVs NVIN3 Hvisuld Yvisd1:1 'ONionfo 1,kinun poll a-, IN 5 IM LU LL 'N fill ....... W cc OCT -16-1990 11:36 FRO11 WESTWOOD PROF. SERVICES TO 4548363 P.02 STATE of M1l`,IMM Mz=VZ% VC I &A/ DE MAE�oPQq&TyMb ,M N,T SST . PAUL, HN. 55106 "'�/ PHONE NO. 296-7523 FILE NO. August 4, 1989 Mr. Ronald P. Peterson Westwood Professional services 7101 York Avenue South Edina, MN. 55435 Dear Mr. Peterson: RE: CLIFF LAKE CENTER, CITY OF EAGAN, SHORELAND AGREEMENT 1 have reviewed the documents which you submitted regarding the Cliff Lake Center in the City of Eagan. The revised plans propose an increase in the percentage of impervious surface on the property by approximately .23%. After carefully reviewing this matter, we have determined that this is an insignificant modification to the approved plan which does not require a separate amendment to the agreement signed by the Department on January 19, 1988. Therefore, this letter will serve as documentation of our position and if you have any questions feel free to contact me. Sincerely, J n L. Stine Re ional Hydrologist cc: City of Eagan T. Lutgen, St. Paul Waters :lkr AN EOUAL OPPORTUNITY EMPLOYER =SEN ENCNEERS N ARCWTECTS E PLANNERS October 16, 1990 Mr. Mike Ridley Planning Department City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mike: 3535 VADNAIS CENTER DRIVE, ST PAUL, MINNESOTA 55110 612490-2000 RE: EAGAN, MINNESOTA FIRSTAR EAGAN BANK CLIFF LAKE ROAD The purpose of this letter is to provide a site plan analysis for Firstar Bank along Cliff Lake Road at Cliff Lake Centre in Eagan. Our review consisted of two areas of analysis. First, a review of onsite circulation and parking; and second, a comparison of the trip generation of the proposed bank facility with the trip generation of future outlot development as estimated in the Cliff Lake Centre traffic study in 1988. The project consists of a bank of approximately 7,300 square feet which includes the canopy over the drive-thru windows. Five drive-thru lanes are shown on the site plan in addition to an Automatic Teller Machine (ATM) lane. Twenty-three customer parking spaces, as well as five employee parking spaces are provided. Site Design Access to the bank is taken from a major onsite circulation aisle at Cliff Lake Centre. The northerly driveway is an entrance only access, while the southerly driveway is an exit only. The accesses appear to work well with the onsite circulation and parking pattern as shown on the site plan. Drivers entering the site via the driveway north of the bank site will be required to complete a U-turn maneuver into the bank's entrance drive. This may be somewhat awkward during peak times at the Centre, however, it is not expected to create any major onsite circulation delays or problems. SHORT Eu10 T HENDRICK50N INC ST PAUL, MINNESOTA CHIPPEWA FALLS, WISCON51N Mr. Mike Ridley October 16, 1990 Page 2 The exit driveway appears to be an adequate distance from Cliff Lake Road. The curb returns shown on both driveways have a radius of approximately 12 feet. We suggest that this be increased to 15 feet to avoid wheel tracking of larger vehicles over the curbs. The layout of the parking spaces will function well as they relate to the entrance and exit only drives provided on the site. Elimination of the most northerly parking space adjacent to the bank building is suggested. Drivers using this parking space will be required to back out into the bank entrance upon exiting the site which is not advisable, especially since, this entrance also serves the ATM lane and auto bank lanes. If the width of the parking spaces in this row is reduced to nine feet rather than ten, it is possible that the same number of parking spaces could still be provided, with an increased distance between the driveway and the handicap parking space. The configuration of the employee parking may create some difficulties during peak hours of use in the drive-thru facility. An employee arriving at work from lunch or in the middle of the day may not wish to wait in line in the drive-thru to access the angle parking spaces. Access via the customer parking area will be somewhat difficult due to the angle of the spaces. There are several concerns with respect to the drive-thru facility and ATM lane. The drive-thru lanes are shown as being eight feet wide. Ten -foot drive-thru lanes are advisable as larger vans, pickups and automobiles will find the 8 -foot lanes difficult to negotiate. Ten -foot lanes are easier for drivers to maneuver into and provide more flexibility in terms of spacing from the auto bank facilities. The fifth drive-thru lane appears especially cramped with slightly less than eight feet at the entrance to the lane. The storage area behind the drive-thru facilities will accommodate a maximum of 16 vehicles before the queue begins to affect the site entry and access to the customer parking area. According the Institute of Transportation Engineers (ITE) Trip Generation Rates, the volume of traffic generated to the site during the p.m. peak hour is approximately 100 vehicles. Most of these vehicles will be bound for the drive-thru lanes since walk - Mr. Mike Ridley October 16, 1990 Page 3 in facilities of banks are typically closed during the p.m. peak hour. To process 100 vehicles in one peak hour, all five drive- thru windows would need to be open and operating with an average of three minutes per customer in order avoid a situation where vehicles begin to accumulate in the stacking area. Some stacking will- always occur since vehicles tend to arrive in platoons or groups because of the traffic signal patterns on surrounding streets. The 100 customers arriving at the bank during the p.m. peak hour does not include those customers which would use the ATM lane. Stacking of 10-13 vehicles in the auto bank drive-thru lanes will result in a blocked path to the ATM lane. This would further contribute to the volume of cars which could queue as far back as the entrance to the bank during peak hours of drive-thru use such as the noon hour or the early evening hours. The key factor to processing this volume of customers in the drive-thru facility fast enough to avoid a lengthy queuing situation is to ensure that all five drive-thru lanes are open and that there is an adequate number of employees to serve the lanes. According to previous studies of trip generation for drive-thru banks, the volume of cars entering during the p.m. peak hour would decrease to approximately 80 vehicles if the number of drive-thru lanes was reduced to four'. This would reduce the need for capacity in the stacking area. A concern with respect to the drive-thru portion of the bank facility is the short length of the stacking area between the corner on the north edge of the site and the drive-thru lanes themselves. Given the configuration of the approach to the drive-thru windows, we expect confusion and difficult maneuvering during the peak hours of use. This will especially occur in vehicles approaching the first drive-thru lane due to the tight corner, and vehicles approaching the fourth and fifth lane, as they will share the same stacking area. To avoid wheel tracking over the raised island between the first and second autobank lanes, we suggest shortening the south end of the island by ten feet. As shown, vehicles in the first lane would find it difficult to exit without their rear tires tracking over this island. 0QS\ Mr. Mike Ridley October 16, 1990 Page 4 A location for a trash enclosure has not been identified on the site pian. Trash truck accessibility to the enclosure should be checked once the location is chosen. Trip Generation The purpose of reviewing trip generation of this project is to ensure consistency with the trip generation anticipated as part of the overall Cliff Lake Centre traffic study. The proposed bank project has been compared with the trip generation estimates for the outlot, or "satellite" portions of the original site. The trip generation assumption for these portions of the development layout is shown below: ADT PEAK HR. ASSUMED PEAK UNITS RATE RATE INTERACTION ADT HR Satellite 29 KSF 180/KSF 12.6/KSF 40% 3130 220 Shops In the Cliff Lake Centre traffic analysis, 40% of the trips generated by the satellite shops were assumed to be duplicates of other trips generated to the site by other land uses. In other words, drivers will go to the site for two or more purposes, such as Target and the outlot land use, or a restaurant and one of the outlot land uses. This same level of interaction is expected for the proposed bank facility. The expected trip generation for the bank facility is shown below, using the 40% interaction assumption: UNITS Firstar 5 drive-thru Bank windows (Approx. 7300 Sq. Ft.) ADT PEAK HR. ASSUMED PEAK RATE RATE INTERACTION ADT HR 318.0/ 45.0/ 40% 954 135 window window Trip generation for the bank was calculated according to the number of drive-thru windows provided. Similar results are achieved using square footage as the basis for trip generation (ADT of 1.275 and p.m. peak of 118). This includes both trips generated to the drive-thru and the walk-in portions of the bank. � 3° Mr. Mike Ridley October 16, 1990 Page 5 As can be seen, the proposed bank facility can be expected to generate an average of 954 trips per day, which constitutes only 30% of the daily trip generation assumed for the outlot portions of the site. However, the p.m. peak hour is expected to generate 135 p.m. peak hour trips. This makes up 614 of the trips previously assumed for the outlot portions of the site. The Automatic Teller Machine will certainly contribute to the daily trip generation of the proposed bank facility. However, even if the ATM generates several hundred (i.e., up to 600) trips per day, the project will still generate less than 50% of the previously assumed outlot trips. During the p.m. peak hour, ATM customers are likely to consist of bank customers who do not wish to wait to get into a drive-thru lane, and drivers who do not bank at Firstar. Since the ATM shares the same access and approach lanes as the drive-thru facility, it is likely that many drivers who do not bank at Firstar will choose not to use the machine during the peak hours, when the drive-thru banking facilities are experiencing their greatest level of use. Assuming the ATM machines are used by 30 people during the p.m. peak hour, at an average of two minutes per -customer, the trip generation of the ATM would be 60 (30 in, 30 out). Again, the assumed interaction factor of at least 40% can be applied, bringing the trip generation down to 36. The total of the bank and ATM p.m. peak hour trip generation is then 171; or 77% of the previously assumed trips. Since this site is now the only outlot development in Cliff Lake Centre, it appears the previously assumed trip generation will not be exceeded. Since the roadway capacity in this area is critical, it is advisable to look closely at whatever future land uses are proposed on the site to ensure consistency with previous assumptions, or to determine whether or not further mitigation is necessary. In summary, the trip generation for this project does not appear inconsistent with that previously assumed for the outlot portion of the site. We recommend increasing the width of the drive-thru lanes to 10 feet. A beneficial outcome of this would be the elimination of one drive-thru lane, which would help to avoid confusion and congestion in the stacking area of the drive-thru facilities. a�� Mr. Mike Ridley October 16, 1990 Page 6 If you have any questions on any of the above comments or suggestions, please do not hesitate to give me a call at 490-2071. CRG/cih Sincerely, Cindy Gray, Transportation Planner X E M O R A N D U M TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JIM STURM, CITY PLANNER DATE: NOVEMBER 1, 1990 RE: CLIFF LAKE CENTRE 2ND ADDITION At the October 23 Advisory Planning Commission meeting, the Preliminary Plat consisting of one lot on approximately 1.2 acres within the Eagan Hills West Planned Development and a Conditional Use Permit to allow a bank with drive-thru tellers located at Cliff Lake Centre were discussed at length by the Advisory Planning Commission. The concerns raised dealt with internal traffic problems stated in the SEH report, the idea of "shoe horning" development (putting too much into a small area), and the impervious surface issue. There was a tri -party agreement and amendment to that agreement between the City, the DNR, and the applicant limiting the impervious surface of the site to 42%. The proposal was for 58%. The applicants responded to the staff report by submitting a revised plan to staff the day of the meeting and to the Commission that night. However, these changes were trying to mitigate concerns prior to action by the Advisory Planning Commission. The applicants may also request a pylon sign at the Council meeting, but the legal notice did not include this item and it is my opinion that either an amendment to the Planned Development or a separate Conditional Use Permit will be necessary to allow a pylon on that site. If you would like additional information, please advise. Cifty Planner JS/js CC: Dale Runkle, Community Development Director 2 33 Page 13 - EAGAN ADVISORY PLANNING COMMISSIO MINUTES October 23, 1990 10. The development is requt tt''provide a cash dedication for fulfillment of the water quality'"requirements as identified in the City's Comprehensive Water Quality Management Plan. 11. All sign requirements ::::ees:ri::;;be met per City Code. 12. The applicant shall work.'out t 6 final details of internal traffic circulation with staff prig :to fip-a:l plat approval. 13. Rooftop mechanical devices shall"b' a screened. All voted in favor. Miller moved, Trygg seco)i-Oed,..the motion to approve a conditional use permit to allow a dre::::::#rough automobile emission testing facility along the north side- 'vf:::::Tn Centre Drive and west of O'Leary Lake in the northeast::.: quarter.:.p_f Section 15. All voted in favor. PYLON SIGN I►QREET FEDERAL LAND COMPANY City Planner Jim Sturm introduced the application summary to the Planning Commission. Voracek moved, Merkley seconded, the motion to approve a pylon sign agreement for thePar::C::�Aiction located along the north side of Cliff Road in the ediithdd t-:-4tiart-er of Section 30. All voted in favor. CLIFF LAKE CFNTRE IND ADDITION W*:' *XC A#�i9CIATZB JOINT Tf.7TURE I Chairman Graves opened the next pubYic hearing for the evening regarding a preliminary plat consisting of one lot on approximately 1.2 previously zoned CSC (Community Shopping Center) acres within the Eagan Hills West Planned Development and a conditional use permit to allow a bank with drive through tellors located along Cliff Lake Drive in the southwest corner of Section Z9 City Planner Jim the background for the development and reviewed `tTie' 'staff''' report with the Planning Commission. Bill McHale for Ryan Construction'ttated that all concerns had been addressed. He further stated that the developer had been released from the tri -party agreement by the DNR. He gave a history of the pylon sign. Page 14 - EAGAN ADVISORY October 23, 1990 PLANj. NG COMMISSIbi..' MINUTES Member Merkley stated the proposed. changes to these changes before making that thii-kanning Commission had just seen the site and needed further time to review a decision. Chairman Graves quest ioi' :.:.: ho::::tom ::;horning of the site in that the use seemed too large Pty fi#ig paced outlot. Member Merkley agreed. Member Miller conceded that ..::.there :.: %%%ere some internal traf f is problems but pointed out that:::::'waas:;:sfIar to last month's Yankee Square proposal. He further::::::st'ated:::::tfi'at he was sensitive to the impervious surface issue. He felt more traffic would add to the viability of the center. Member Gorman disagreed. He felt the lot was congested and the proposal should be scaled back somewhat. Member Miller stated that congestion does not mean hazard. Chairman Graves felt that confused congestion -was not proper planning. Member Merkley felt that e:::::;:grking should be scaled back to meet the green space agreement: ''?eia}et Voracek also felt that the green space requirement should::;: not "b*-b*up by the City. Mr. McHale stated that the agreement.;.;d.id: *'a ." pertain to green space but only to wetland protection.,..;.;:.##4­::::s.-*t& ed that the subdivision met all green space requirements of:::::::tie Code. There was more discussion regarding the interpretation'`bf the tri -party agreement. Member Trygg asked what the intent of the agreement was. City Attorney Dougherty stated that the original agreement referenced a water management plan. Member Trygg questioned the percentage as to Outlot A. Member Hiller stated that the DNR......�P T .. .considered the parking lot pervious. Chuck Poppler (Ryan) explainadhow -he drain field system under the parking lot made it pervious.:.W*mber-'.,.#orman pointed out the City had a different interpretation of t$*:agrs�aent. Voracek moved, Merkley seconded, the motion to deny a preliminary plat consisting of one lot on approximately 1.2 previously zoned CSC (Community Shopping Center) acres within the Eagan Hills West Planned Development for the following reasons: 1. Violation of the impervious surfac�::agreement. 2. Congestion due to theiment. 3. The proposed use was too large for:the lot. Voracek, Graves, Merkley and Gorman voted in favor; Miller and Trygg voted against. a3S 3V1 a.3• X4 ON10 1 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: NOVEMBER 5, 1990 RE: CLIFF LAKE CENTRE -2ND ADDITION The Advisory Parks and Recreation Commission reviewed the above referenced proposal at it's November 1, 1990 meeting and made the following recommendations: 1. This proposal is located within the Eagan Hills West Planned Development. This planned development specifically outlined trailway obligations and a parkland dedication schedule. The development is currently ahead of the parkland dedication schedule and therefore, has no obligation for parks dedication at this time. KV:cm cc: Ed Kirscht, Engineering Technician Marilyn Wucherpfennig, Planning Aide Agenda Information Memo November 20, 1990 City Council Meeting REZONING/CITY OF EAGAN/OU WT A PARK CENTER ADDITION J. Rezoning, City of Eagan, of Outlot A in the Park center Addition Consisting of Approximately Six Acres from AG (Agricultural) to an R4 (Multiple) District for a Senior Housing Facility Located Along the North Side of Cliff Road in the SE 1/4 of Section 30 -- At its regular meeting of October 23, 1990, the Advisory Planning Commission held a public hearing to consider an application for a rezoning as submitted by the City of Eagan for approximately six acres from A to R4 for a senior housing facility located along the north side of Cliff Road. For additional information concerning this application, please refer to the Community Development Department staff report enclosed on pages P,.Wthrough p[ for your review. Enclosed on page, is a copy of a memo from City Planner Sturm regarding the Advisory Planning Commission action. Also enclosed on pagep' -� is a copy of the Advisory Planning Commission minutes related to this item. The APC is unanimously recommending approval of this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning as requested by the City of Eagan for Outlot A, Park Center Addition, consisting of approximately six acres from A to R-4 for a senior housing facility located along the north side of Cliff Road. a 3 1 SUBJECT: REZONING APPLICANT: CITY OF EAGAN LOCATION: SE 1/4 SECTION 30 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: OCTOBER 23, 1990 DATE OF REPORT: OCTOBER 15, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Rezoning of Outlot A, Park Center Addition, consisting of approximately six acres from A (Agricultural) to R-4 (Multiple Residential) for a senior housing facility located along the north side of Cliff Road. It is estimated that the project will begin initially with 60 units and increase to potentially 120 units. The Comprehensive Guide Plan designates this area D -III (Mixed Residential, 6-12 units/acre) which is consistent with this type of development. EXISTING CONDITIONS: The site is located north of Cliff Road, west of Cliff Lake Road, south of Rahn Park, and east of Cedar Cliff Addition. Before grading, the site consisted primarily of open grassland; however mature oaks can be found along the northern property line and near the pond on the western portion of the site. These trees were saved as an amenity to the future development. Park Center was platted originally as four lots and two Outlots on August 15, 1989 and has since been revised to Outlots A, B, C, D, and E only. The purpose of these Outlots was to allow individual sale. No development will occur as a result of this Final Plat. All Outlots must be reviewed by the Advisory Planning Commission and approved by the City Council before development begins. Outlot A is not included in the Park Center Planned Development. This Planned Development is zoned CSC (Community Shopping Center) and will contain a 4,500 square foot Class I (sit down) restaurant; an 86,600 sq. ft. retail strip center; a 6,000 square foot retail building; and a 4,800 square foot bank. LOCATION ZONING LAND USE A-4IIO MVa33 UVOd MM dd110 aNZ )IUVd IVIOUINY403 -4-4IIO UVG30 a4o a4� M E M O R A N D U M TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JIM STURM, CITY PLANNER DATE: NOVEMBER 1, 1990 RE: REZONING - CITY OF EAGAN At the October 23 Advisory Planning Commission meeting, a Rezoning of Outlot A in the Park Center Addition consisting of approximately six acres from AG (Agricultural) to an R-4 (Multiple) district for the City's senior housing facility located along the north side of Cliff Road was approved unanimously. There was very little discussion on the item and staff noted that the senior housing area was not included in the Planned Development, but only in the plat itself. If you would like additional information on this item, please advise. �fjAr. City Planner JS/js CC: Dale Runkle, Community Development Director r� �4 -�-- Agenda Information Memo November 20, 1990 City Council Meeting cul' ; .1-W&IM 1 1al PAZI 5WILChm newwTim K. Comprehensive Guide Plan Amendment, City of Eagan, Changing the Land Use Designation from D -I (Single Family, 0.3 units per acres) to PF (Public Facilities) for a 4 Acre Parcel Located along the West Side of Lexington Avenue in the SE 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 a rezoning from single family residential to public facility/park for a four acre parcel located on the east side of Lexington Avenue just south of Advent United Methodist Church. The property in question would be incorporated into the adjacent Patrick Eagan Park. For additional information concerning this application,Rlase refer tov t,h�j Community Development Department staff report enclosed on pagthrough �Q for your review. Also enclosed on page is a copy of a memorandum from City Planner Sturm regarding the APC action on t1is item. Enclosed on page,( j 0 a copy of the Advisory Planning Commission minutes related to thisTitem. The APC is unanimously recommending approval of this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning to public facilities/park for a four acre parcel located along the east side of Lexington Avenue just south of Advent United Methodist Church as requested by the City of Eagan in order to incorporate that parcel into the adjacent Patrick Eagan Park. aq � Page 16 - EAGAN ADVISORY PLA?* NG COMMISSI.09 MINUTES October 23, 1990 Chairman Graves opened the next hearing for the evening regarding a rezoning of Outlot A in the Park Center Addition consisting of approximately 6 acres from AG (Agricultural) to an R-4 (Multiple) district for a senior Nousixii along the north side of Cliff Road in the southeast-::: q a + r :of ction 30. City Planner Jim Sturm presented the..*application summary to the Planning Commission. Chairman Graves asked:::.::.:::cif'' a:::::::P1 rined Development would be preferable to a rezoning. Mr. Sturm explained that the City would retain ownership of the property thereby retaining control. Merkley moved, Miller seconded, the motion to approve a rezoning of Outlot A in the Park Center Addition consisting of approximately six acres from AG (Agricultur`:):...to an R-4 (Multiple) district for a senior housing facility locatdd::*i i6hq...the north side of Cliff Road in the southeast quarter of Section in favor. COMPREHENSIVE GUIDE - CITY OF EAGAN Chairman Graves opened :: 1i.:'last public hearing for the evening regarding a Comprehensive Guide Plan amendment for the City of Eagan. City Planner Jim Sturm provided a brief application summary. Miller moved, Trygg ...seconded,....,, the motion to approve a Comprehensive Guide Plan aiAO t::;: >Eig the Land use designation from D -I (Single Family - 0 f" *uiift's--'-'-'per acre) to PF (Public Facilities) for a four -acre par; 3 lo�ited along the west side of Lexington Avenue in the southeast c, ►rter:: f Section 22. All voted in favor. Merkley moved, Voracek seconded, the motion to adjourn the October 23, 1990, Advisory Planning Commission meeting at 12:03 a.m. All voted in favor. Secreta. r.. Eagan Advisory Plannelm Commission a43 SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT APPLICANT: CITY OF EAGAN LOCATION: SE 1/4 OF SECTION 22 EXISTING ZONING: PF (PUBLIC FACILITTES) - AS OF 10/16/90 DATE OF PUBLIC HEARING: OCTOBER 23, 1990 DATE OF REPORT: OCTOBER 17, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: The City of Eagan has applied for a Comprehensive Guide Pian Amendment to change the guided use from D -I (Single Family Residential, 0-3 units per acre) to PF/P (Public Facility/Park) for a four -acre parcel located on the east side of Lexington Avenue, just south of Advent United Methodist Church. BACKGROUND: The City of Eagan Parks & Recreation Department has purchased the four -acre site for incorporation into the adjacent Patrick Eagan Park. One single-family dwelling unit is located on this property, for which a life estate arrangement has been provided to allow the current resident to continue living in the house. The subject site was rezoned on October 16, 1990 to PF (Public Facilities) to indicate City ownership of the property. A Waiver of Plat to split the parcel for ta3dng purposes was also approved on October 16, 1990. ANALYSIS: The above -stated Comprehensive Guide Plan Amendment is necessary to bring the Land Use Plan into conformance with the zoning for the property and to further indicate City ownership of the site. The proposed PF/P (Public Facility/Park) land use designation would be compatible with the surrounding D -I (Single Family Residential, 0-3 units per acre), D -II (Multiple Residential, 0-6 units per acre) and PF/P (Public Facility/Park) uses. aqS--'-' LOCATION ZONING GUIDE PLAN a�� 4i ►PAL fR � Ytrw at OW alt. eiiii(i m n.i m ji _15k I Jq go-- r t .5 w 1p .41r. A. 1"T PAP ICK-) '11�" C"y of 1614R goit To PARK EXHIBIT A EVANGELICAL COYDOW MIT ae 4.4 4 trfrlrti• Zv PM. 0049 It On E ip ais Its 'Flo" pt PE W commwty or JOY cwcm, go -to IRA EA* EVANGELICAL COYDOW MIT me Survey fort Parks Departnt DR 147 PG 49 Re: Lillian McCarthy cCarthy parcel 1 A@: i t0 DELMAR H. SCHWANZ .1.•a aannen .e so" fOt m *m11T TRAIL i r10 mows. WWWSOTA Ism Vamim salavTYOM'S CERTIFICATE 40 iL'�IT IIeII l r�I e�i-- L ^r.ir-T '..F URr_H, 400.00 NR'1°55'41"E - - 34500 55.00 "1 / ' 1 1 \ North line of the South 16 Ac. of E1/2 of NEI/4 Sec. 22 W Z 3 W 3 - > : wo+ „ Q 8 n O p Nest line of the East 400.0 ft. Z a0 SCALE: 1 inch 50 ft - 2 of EJ/2 cf NN11 Sec. 22 O Z o Denotes set iron pip Z X � W East line of E1/2 of J NEI/4 Sec. 22 v < 40000 w!9°554i E -� PK $500 °o o O ^1 m u V . oa .: a :-�:�• �� � arc 8 Qe - I �- P _ welt . 1 1 i r I Z � O I O V ` t I 3a5.00 _ ss 00 %pK 400.00 N R!°SS�4�9�� CRAvEL ROAD South line of E1/2 of NEI/4 Sec. 22 SE. corner of E112 of NEI/4 Sec. I2 - (Dak. Co. Monument) Teta1 Farce! Description: The East 400.00 feet of the South 16.0 acres of the Lost Half of the Northeast Quartet. Section 22. Township 27, Range 23, EXCEPT the South 66.0 feet thereof. Subject Life Estate Parcel: The Last 400.0 feet of the South 26.0 acres of the East Half of the Northeast Quarter. Section 22, Township 27, Ranpe 21. EXCEPT the South 66.0 feet thereof and EXCEPT the North 265.0 feet there' -f. Furiert to eaPements of record. 1 i.e,e►, aanOr W r the &V.Vwr MM a. laden well VM7,ea br e4 v ~ . 4 twee" a.,e�.wlb„ #,I0M. , a. a SVM aq4•~ LIP" &PV"W WWW 04 4M K the fie» M NVageo4 Dow Sept. 21, 1940 I i —862S— ;i E V. 7'.�. ..jL . • �' M fC1,wMr } 4s.ailaaah Rawiawwiaa tae sd9 1 M E M O R A N D U X TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JIM STURM, CITY PLANNER DATE: NOVEMBER 1, 1990 RE: COMPREHENSIVE GUIDE PLAN AMENDMENT CITY OF EAGAN At the October 23 Advisory Planning Commission meeting, the Comprehensive Guide Plan Amendment changing the land use designation from D -I to Single Family, 0-3 units per acre, to PF (Public Facilities) for a four acre parcel located along the west side of Lexington Avenue was approved unanimously. This was the property that the Council last month approved the Rezoning from an AG to a PF district. The Comprehensive Guide Plan Amendment was a follow-up to that action. If you would like additional information, please advise. Ci'*/,y Planner JS/j s CC: Dale Runkle, Community Development Director aa� Page 15 - EAGAN ADVISORY PLAN .NXNG COMMISST-69" MINUTES October 23, 1990 Chairman Graves opened the next hearing for the evening regarding a rezoning of Outlot A in the Park Center Addition consisting of approximately 6 acres from AG (Agricultural) to an R-4 (Multiple) district for a senior housi,A'5:::: ac l: ty.::::2.ocated along the north side of Cliff Road in the southeast gFer :if action 30. City Planner Jim Sturm presented the...application summary to the Planning Commission. Chairman Graves asked:::'::::::*:11 a'::- ?1dnned Development would be preferable to a rezoning. Mr. Sturm explained that the City would retain ownership of the property thereby retaining control. Merkley moved, Miller seconded, the motion to approve a rezoning of Outlot A in the Park Center Addition consisting of approximately six acres from AG (Agricultu `a :)....to an R-4 (Multiple) district for a senior housing facility located 4!bhg.:.the north side of Cliff Road in the southeast quarter of Section .30' AIT...mooted in favor. COMPREHENSIVE GUIDE PLM,.. - CITY O! RAG" Chairman Graves opened ::: ''last public hearing for the evening regarding a Comprehensive Guide Plan amendment for the City of Eagan. City Planner Jim Sturm provided a brief application summary. Miller moved, Trygg ..6econdcd........ he motion to approve a Comprehensive Guide Plan aroeti:iiaiig the land use designation from D -I (Single Family - 0""I unf't's''... 'per acre) to PF (Public Facilities) for a four -acre parcie3 lo"ted along the west side of Lexington Avenue in the southeast c rter::::cif Section 22. All voted in favor. Merkley moved, Voracek seconded, the motion to adjourn the October 23, 1990, Advisory Planning Commission meeting at 12:03 a.m. All voted in favor. Secretary:::- Eagan Advisory Planning Commission a� Agenda Information Memo November 20, 1990 City Council Meeting L. Declaration of Default, Development Contract/Escrow Agreement: 1. Brittany 10th Addition, 2. Cedar Cliff Commercial Park 3rd Addition, 3. Cedar Cliff Commercial Park 4th Addition, 4. Duckwood Crossings, S. Rahncliff 1st, 6. Sill Addition, 7. Wilderness Ponds and 8. Stratford Oaks --Since the spring of the year, City staff has been working with the City Attorney's office to collect delinquent escrow accounts. A number of accounts with large balances due were turned over to the City Attorney's office for more active participation by them because of the greater cost benefit ratio related to collection. It was also felt that through working with their office, City staff would be able to work out a methodology that could be applied to all delinquent accounts at less cost. Through a series of demand letters and in some cases negotiations some of these accounts have been determined to be uncollectible, others have been collected and, finally, it is recommended that the next step be taken on the following eight developments. That step is to declare them in default of the development contract and/or the escrow agreement. Upon declaration of default the City Attorney's office will proceed to collect on the letters of credit, commence actions against bonded accounts and commence an action for breach of contract against the one developer. The eight developments which are being requested to be formally declared in default are as follows: Default on Development Contract (D), Escrow Agmt. (E) Development or Both (,B) Amount Next Action Brittany 10th B 12,450.38 Draw on Letter of Credit Cedar Cliff Comm. Pk. 3rd B 2,153.62 Proceed Against Bond Cedar Cliff Comm. Pk. 4th B 4,299.35 Proceed Against Bond Duckwood Crossings B 8,636.72 Draw on Letter of Credit Rahncliff 1st B 5,345.46 Proceed Against Bond Sill Addition B 5,521.45 Draw on Letter of Credit Wilderness Ponds B 22,936.03 Draw on Letter of Credit Stratford Oaks E 6,274.90 Breach of Contract Action AC'T'ION TO BE CONSIDERED ON THIS ITEM: To adopt the resolutions declaring the eight developments in default and authorize the City Attorney's office to proceed with collection.