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01/04/1990 - City Council RegularAGENDA REGULAR MEETING. EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING THURSDAY. JANUARY 4, 1990 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:30 - OATH OF OFFICE III. 6:35 - INVOCATION, THE REVEREND GEORGE MARTIN SS. MARTHA AND MARY EPISCOPAL CHURCH III. 6:40 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) 1. CONSIDER Vacating Temporary Utility Easements (Lot 11, Block 1, Harvey Addition No.2) 1 V. 6:55 - CONSENT AGENDA (PINK) �t A. PERSONNEL ITEMS 's B. LICENSES, Plumbers C. PROJECT 588, Receive Feasibility Report/Order Public Hearing (Silver Bell Addition -Watermain D. MANAGEMENT PLAN, Black Dog Watershed Management Organization ' E. CONTRACT 88-C, Acknowledgement of Project Completion (Blackhawk Ridge, Phase I F. CONTRACT 87 -EEE, Acknowledgement of Project Completion (Woodlands 1st Addition) G. CONTRACT 87 -MMM, Acknowledgement of Project Completion (Blackhawk Glen 3rd Addition) Q H. FINAL PLAT, Manor Lake 2nd Addition ( VI. 7:00 - PUBLIC HEARINGS (SALMON) ,1 A. PROJECT 443R, Final Assessment Hearing (O'Neil Trunk Storm Sewer) To Be Continued to February 6, 1990 B. PROJECT 461, Final Assessment Hearing (Yankee Doodle Road - Streets and Utilities) To Be Continued to February 6, 1990 C. VACATE Utility Easement (Thomas Lake & Diffley Roads) To Be Continued to February 6, 1990 VII. OLD BUSINESS (ORCHID) i3 A. DIRECTION to Economic Development Commission Regarding Review of Tax Increment Financing/Ice Arena Project B. SELECTION of Airport Consultant e� VIII. NEW BUSINESS (TAN) A. PRELIMINARY PLAT, Duckwood Square/Metro Center Developers, for One Lot, a CONDITIONAL USE PERMIT to Allow a Class II Restaurant, a CONDITIONAL USE PERMIT to Allow Tire and Automotive Repair, and a PYLON SIGN on Approximately 4.3 Acres of CSC (Community Shopping Center) District Located on South Side of Duckwood Drive West of Denmark Avenue in the NW 1/4 of Sec 15 S 3 B. CONDITIONAL USE PERMIT, Michael & Patrick Houpt, to Allow a Class II (Fast Food) Restaurant in a CSC (Community Shopping Center) District Located on Lot 1, Block 1, Thomas Lake Center Addition at the Northwest Q Intersection of Cliff and Thomas Lake Roads in SW 1/4 of Sec 28 5 i C. PRELIMINARY PLAT, Blackhawk Acres 3rd Addition/Les Duoos & Associates, for 14 Townhouse Lots on 2.1 Acres of R-3 (Townhouse Residential) Zoned Land Located on the West Side of Robin Lane, West of Blackhawk Road in SE 1/4 of Sec 17 D. CONDITIONAL USE PERMIT, West Publishing Company, to Allow a Radio Tower in a LI (Light Industrial) District Located on Lot 1, Block 2, West Publishing 2nd Addition North of Wescott Road and West of Highway ` 149 in the SE 1/4 of Sec 13 g \ E. COMPREHENSIVE GUIDE PLAN AMENDMENT, West Publishing Company 4th Addition/West Publishing Company, Changing the Guided Uses from D -III (Mixed Residential, 6-12 Units/Acre), D -II (Mixed Residential, 1 0-6 Units/Acre) and D-1 (Single Family, 0-3 Units/Acre) to Industrial, a PLANNED DEVELOPMENT AMENDMENT and a REZONING from A (Agricultural), RB (Roadside Business), R-2 (Double Residential), and R-4 (Multiple Family Residential) to PD -LI (Planned Development -Light Industrial) and a PRELIMINARY PLAT for Six Lots and One Outlot on Approximately 208 Acres Located in Southeast Corner of Intersection of Elrene and Yankee Doodle Roads on West Side of State Highway 49 in Sec 13 IX. ADDITIONAL ITEMS (GOLD) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT SPECIAL NOTE: The City Council meeting will be held on Thursday, January 4, 1990; please be aware of this change. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 28, 1989 SUBJECT: AGENDA INFORMATION FOR JANUARY 4, 1994 CITY COUNCIL MEETING The Oath of Office will be administered to Thomas Egan as Mayor of the City of Eagan and to Pamela McCrea and Tim Pawlenty as City Councilmembers. These officials were officially elected in the November 7, 1989 municipal election. .O In keeping with tradition, The Reverend George Martin of Ss. Martha and Mary Episcopal Church, will lead the invocation as the new Council takes office. ADOP'' AGEII)A --- A'I'RCIYAL. `�QF fiiUTE After approval is given to the January 4, 1990 City Council agenda and to regular meeting minutes for the December 19, 1989 meeting, the following items are in order for consideration. Agenda Information Memo January 4, 1990, City Council Meeting A. PUBLIC WORKS DEPARTMENT Item 1. Consider Vacating Temporary Utility Easements (Lot 11, Block 1, Harvey Addition #2) --In 1970, the City received a permanent utility easement for the storm sewer system located within the above -referenced lot as shown by the sketch enclosed on page I In addition, a 25' temporary construction easement was also acquired to facilitate the installation of this storm sewer facility. However, the temporary easement did not have an expiration date. Therefore, the property owner is requesting that the City officially release the temporary construction easement to help clear any questions associated with a title review. A preliminary field survey performed by the Engineering Division revealed a possible encroachment by the property owner of Lot 12 into or over the storm sewer easement (and possibly the property line) resulting from a garage addition done in 1977. If this encroachment from Lot 12 is verified, the storm sewer line may have to be relocated into the area of the temporary easement on Lot 11. Even if its relocation requires an additional permanent easement from Lot 11, the temporary construction easement will be necessary to facilitate this storm sewer relocation. Therefore, it is recommended that the temporary easement not be released as requested until the issue has been satisfactorily resolved. ACTION TO BE CONSIDERED ON THIS ITEM: To deny the release of the temporary easement associated with Documents #378268 and 378269 for Lot 11, Block 1, Harvey Addition #2 until a possible encroachment from Lot 12 has been resolved. 3 Agenda Information Memo January 4, 1990 City Council Meeting There are nine (9) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the disucssion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Winter Seasonal Park Maintenance Worker --After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that Dale Drentlaw be hired as a winter seasonal park maintenance worker during the winter ice rink maintenance season. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Dale Drentlaw as a winter seasonal park maintenance worker. Agenda Information Memo January 4, 1990 City Council Meeting PLUMBERS' LICENSES B. Licenses, Plumbers --According to City Code re lations, plumbers' licenses are renewed on an annual basis. Enclosed on page are those companies that are performing a plumbing service within the City of Eagan. All license applications have been reviewed and are in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. 160 Plumbers License 1990 January 4, 1990 I. Aqua City Plumbing 2. Blaylock Plumbing 3. Boedeker Plumbing a Heating 4. Dalby Plumbing 5. Five Star Plumbing, Inc. 6. Genz -Ryan Plumbing a Heating 7. Raymond E. Haeg Plumbing 8. Hokanson Plumbing 9. Horwitz Inc. 10. Hovde Plumbing a Heating 11. Jerry's Plumbing 12. Klamm Mechanical Contractors 13. Lakeside Plumbing 14. Larson Plumbing Inc. 15. LeVahn Brothers, Inc. 16. Major Mechanical, Ihc. 17. Matthew Daniels Inc. 18. Metropolitan Mechanical Contractors 19. Mevissen Plumbing 20. Minnesota Plumbing a ideating 21. Jim Murr Plumbing 22. Dick Motz Plumbing 23. Northern Plumbing a Heating 24. Northland Mechanical Contractors 25. Peine Plumbing a Heating 26. Piper Plumbing 27. Plymouth Plumbing, Inc. 28. R C Plumbing 29. Richfield Plumbing Co. 30. Roto -Rooter Service Co. 31. Schulties Plumbing 32. Dale Sorenson Company 33. Southtown Plumbing, Inc. 34. Standard Plumbing a Appliance 35. Swanson a Schiager Plumbing 36. Thompson Plumbing 37. Twin City Plumbing a Heating INc. 38. Welter a Blaylock, Inc. 39. Westonka Mechanical Contractors, Inc. 40. Williams Mechanical Wn dL~ Agenda Information Memo January 4, 1990, City Council Meeting RECEIVE FEASIBILITY REPT ORDER PUBLIC HEARING SILVER BELL ADDN C. Project 588, Receive Feasibility Report/Order Public Hearing (Silver Bell Addition - Water Main) --With the recent connection of the residents within the Wuthering Heights development to the water distribution system along with the pending completion of the apartment complex being constructed by Norm Vogelpohl, it is necessary to complete the looping of the internal water lateral system to ensure adequate water supply, quality and pressure to all serviced properties in this general vicinity. Subsequently, in response to a petition submitted by Mr. Vogelpohl, the Council authorized the preparation of a feasibility report which has recently been completed. This report is being presented to the Council for their review and consideration of scheduling a public hearing for formal presentation and discussion. ACTION? TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 588 (Silver Bell Addition - Water Main) and schedule a public hearing to be held on February 6, 1990. APPROVE MGMT PLAN. BLACKDOG WATERSHED MANAGEMENT ORGANIZATION D. Approve Management Plan, Blackdog Watershed Management Organization --The Blackdog WMO incorporates the majority of Burnsville along with portions of Savage, Lakeville, Apple Valley and the River Hills 9th Addition in the City of Eagan. The Director of Public Works was appointed as the City's representative to the Board of Managers during the preparation of the Management Plan for this WMO. This Management Plan has been completed and approved by all appropriate metropolitan regional agencies. In accordance with the Joint Powers Agreement entered into by all affected communities which created this organization, the WMO Management Plan must be approved by the representative communities before it can be formally adopted by the Board of Managers. Subsequently, this Plan has been distributed to all affected communities for their review, comment and subsequent Council approval. Having been involved in the preparation and formulation process of this Management Plan, the Director of Public Works has ensured that this Plan is consistent with the City of Eagan's overall goals and objectives pertaining to water quality and quantity management. Subsequently, it is recommended that the Council give favorable consideration to formally approving this Plan. The Director of Public Works will be available to discuss any aspect of this Plan as necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Management Plan for the Blackdog Watershed Management Organization and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo January 4, 1990, City Council Meeting ACKNOWLEDGEMENT OF PROT COMPLETIOMI ACKHAWK RIDGE, PHASE I E. Contract 88-C, Acknowledgement of Project Completion (Blackhawk Ridge, Phase I, - Streets & Utilities) --The installation of streets and utilities performed privately by the developer of the above -referenced subdivision have been completed in accordance with City authorized plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for final acknowledgement of completion. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 88-C (Blackhawk Ridge, Phase I, - Streets & Utilities) subject to all warranty provisions. ACKNOWLEDGEMENT OF PROJ COMPLETIONIWOODL4,NDS 1ST ADDN F. Contract 87 -EE, Acknowledgement of Project Completion (Woodlands 1st Addition - Streets & Utilities) --The installation of streets and utilities performed privately by the developer of the above -referenced subdivision have been completed in accordance with City authorized plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for final acknowledgement of completion. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 87 -EE (Woodlands 1st Addition - Streets & Utilities) subject to all warranty provisions. ACKNOWLEDGEMENT OF PROJ COMPLETIONIBLACKHAWK GLEN 3RD ADDN G. Contract 87 -MM, Acknowledgement of Project Completion (Blackhawk Glen 3rd Addition - Streets & Utilities) --The installation of streets and utilities performed privately by the developer of the above -referenced subdivision have been completed in accordance with City authorized plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for final acknowledgement of completion. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 87 -MM (Blackhawk Glen 3rd Addition - Streets & Utilities) subject to all warranty provisions. 0 Agenda Information Memo January 4, 1990 City Council Meeting FINAL PLATIMANOR LAKE 2ND ADDITION H. Final Plat, Manor Lake 2nd Addition --All documents relative to the final plat for Manor Lake 2nd Addition, including the development agreement, have been processed by both the applicant and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented for approval at the January 4, 1990 City Council meeting. If there are reasons that the final plat should be removed from the agenda, a recommendation will be made at the time the agenda is adopted for that meeting. Enclosed on page _ is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Manor Lake 2nd Addition. L 'EF t J LLJ ED u cr ..alto.".0r. I all 44 'EF t J LLJ ED u cr Agenda Information Memo January 4, 1990, City Council Meeting MAL ASSMT HEARING O'NEIL - TRUNK STORM EMIR A. Project 443R, Final Assessment Hearing (O'Neil - Trunk Storm Sewer) --This final assessment public hearing pertaining to trunk area storm sewer assessments associated with the O'Neil property located north of Yankee Doodle Road and west of Lexington Avenue was continued from the December 16 Council meeting to January 2, 1990. However, due to the rescheduling of the January 2 Council meeting to January 4, the City Attorney has recommended that we readvertise and renotify the affected property owners of this action and to reschedule a new public hearing process to ensure compatibility with State Statutes regarding notifications of final assessment obligations. Therefore, the Council should acknowledge the proposed final assessment hearing originally scheduled for January 2 and reschedule it for February 6, 1990. ACTION TO BE CONSIDERED ON THIS ITEM: To reschedule a final assessment hearing for Project 443R (O'Neil - Trunk Storm Sewer) for February 6, 1990. FINAL ASSMT HEARING fYANKEE DOODLE ROAD - STREETS & UTILITIES) B. Project 461, Final Assessment Hearing (Yankee Doodle Road - Streets & Utilities) -- This final assessment hearing pertains to parcels owned by Robert & Grace O'Neil located on the north side of Yankee Doodle Road as they relate to the upgrading of Yankee Doodle Road from I -35E to Lexington Avenue. Due to flaws discovered in the original public hearing notification process, a new formal final assessment hearing had to be scheduled for January 2, 1990. However, due to the recent rescheduling of this Council meeting from January 2 to January 4, the City Attorney has recommended that this process be repeated to ensure conformity to Minnesota Statutes pertaining to proposed final assessments. Therefore, the Council should acknowledge the proposed public hearing originally scheduled for January 2 and reschedule a new public hearing for February 6, 1990. ACTION TO BE CONSIDERED ON THIS ITEM: To reschedule the final assessment hearing for Project 461 (Yankee Doodle Road - Streets & Utilities) to February 6, 1990. Agenda Information Memo January 4, 1990, City Council Meeting VACATION JTHOMAS LK RD & DIFFLEY RD C. Vacate Utility Easement, Thomas Lake Road & Diffley Road --On December 5, the Council received a petition to vacate a portion of a sanitary sewer utility easement located on the north side of Diffley Road near Thomas Lake Road and scheduled a public hearing to be held on January 2, 1990. Due to a recent rescheduling of this January 2 meeting to January 4, the City Attorney has recommended that a new public hearing notification process be implemented with a new public hearing being scheduled for February 6, 1990. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the proposed January 2 public hearing for the vacation of a utility easement at Thomas Lake Road and Diffley Road and reschedule the public hearing for February 6, 1990. Agenda Information Memo January 4, 1990 City Council Meeting DIRECTION TO EDC TO REVIEW TIF FOR ICE ARENA PROJECT A. Direction to Economic Development Commission Regarding Review of Tax Increment Financing/Ice Arena Project --The Economic Development Commission met on December 19 to review the Tri -Land Partnership application requesting tax increment financing. The EDC had previously met on November 28 to consider the application. The EDC made two (2) motions both of which ended in a three to three vote. The first motion was a recommendation to the City Council that TIF not be considered or used as a financial tool for the proposed commercial development that includes an ice arena. A reason for that motion was the nature of the commercial development proposal. Those in support of the motion feel that TIF should not be used to promote small mini-mall/strip center retail and, further, this type of action could set an unfavorable precedent since the City has not financed strip malls and other small retail stores in the community. This motion did fail on a three to three vote. A second motion was made to recommend further consideration by the City Council for the utilization of TIF as a financial tool for the commercial center/ice arena project. Reasons for this recommendation include 1) the property has been designated as commercial since the late 1970's with minimum development occurring to date and 2) the proposed development presents an opportunity to the community to develop an ice arena and a commercial project which will eventually provide an increased tax base for the City. This motion and recommendation was contingent upon certain findings by the City Council to include, but not be limited to, the project's impact on the general property tax base for both the proposed debt and operating expenses. This motion also failed on a three to three vote. Following the motions, there was consensus by the commission that additional direction needed to be received from the City Council as to whether the expectation of the Economic Development Commission is 1) to complete a total fact finding that would include the identification of issues to be included in a development agreement, legal council review of the but -for test and all other analysis that is normally performed by City staff, consultants and the Finance Committee of the City Council or 2) if the EDC is to evaluate the proposal and recommend to the City Council that on face value the proposed TIF application should or should not be given further consideration by the Council. If the recommendation of the City Council is to send the item back to the EDC for in-depth analysis this would be a deviation from their normal review and advisory role and would require some special meetings by the commission. 13 Agenda Information Memo January 4, 1990 City Council Meeting If the City Council prefers a recommendation and will proceed with their own review in detail, this item could be referred back to the commission for a final vote requesting the input of the two (2) members that were absent or accept the action that was taken at the December 19 meeting as a recommendation that a consensus could not be reached on the issue requiring a decision by the City Council. Enclosed for background information on this item is a copy of a memo that was prepared and sent to the EDC by the City Administrator in advance of the December 19 meeting, a copy of EDC minutes for both the November 28 and December 19 meetings and letter from the City's fiscal consultant. This information is enclosed on pages f�— through. The City Administrator has compiled considerable information on the application and once the City Council is ready to consider the scheduling of a public hearing to further review the tax increment financing, that information will be summarized and compiled for Council review. ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to the Economic Development Commission 1) that a recommendation be made to the City Council that TIF should or should not be further considered as a financial tool for the Tri -Land Properties tax increment financing application with the understanding that a further study be done by the City staff and City Council prior to the public hearing to satisfy any issues or concerns raised by the EDC or 2) that a request be made to the EDC to perform a thorough fact finding on behalf of the City Council to determine whether tax increment financing is an appropriate financing tool for the proposed retail/ice arena project. Iq MEMO TO: CHAIR WENZEL AND ALL MEMBERS OF THE EAGAN ECONOMIC DEVELOPMENT COMMISSION FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 19, 1989 SUBJECT: ADDITIONAL INFORMATION FOR DECEMBER 19 EDC MEETING The City has received a revised application from Public Corps Inc. that refines that language and form of the TIF application submitted for Tri -Land Partnership for the ice arena project. Enclosed for your review is the new and revised application and to assist the reader I will point out the changes that occur in this document from the document presented with your distribution on Friday. I would also recommend that you insert this document and recycle or throw away the original to eliminate any confusion. The changes are as follows: A. On page five a reference to the timing on single family lots was eliminated in the narrative. B. On page six the restaurant was originally area D and has now become area I. There was no area I in the original application. C. On page seven the new area D is for retail instead of restaurant. The project size for the restaurant is smaller and generates less value. Also included on that page is the residential for the Lexington Pointe Development. D. On page ten area I was added. E. On page eleven there is additional narrative to explain the tax increment assistance. There is some question on page twelve regarding the reference to a limited revenue tax increment bond which will be addressed at the meeting on Tuesday. F. On page sixteen at the bottom of the page the percentage of funds subsidizing land with restricted use has been changed from 20.3% to 16.9%. These appear to be the only changes in the new and revised application. Also enclosed and page numbered are the following documents: 1. A letter from Dave MacGillivray, Springsted Inc., providing comments on the revised application. IS00, ECONOMIC DEVELOPMENT COMMISSION DECEMBER 18, 1989 PAGE TWO 2. An attachment from Rolly Crawford, legal counsel for the applicant. A letter from Steve Rosholt,. City's bond counsel, regarding his evaluation of the tax increment financing application will be distributed at the meeting. The information provided to each member of the commission will be summarized by the presenters at the meeting tomorrow noon. City Administrator cc: City Council Finance Committe City Council Finance Committe Jim Sheldon, City Attorney Gene VanOverbeke, Director of Dave MacGillivray, City's Fi: TLH/jeh Subject to Approval MINUTES OF THE ECONOMIC DEVELOPMENT COMMISSION Eagan, Minnesota November 28, 1989 The November meeting of the Eagan Economic Development Commission was convened at 11:30 a.m. on Tuesday, November 28, 1989 at the Eagan Municipal Center. Present were Chairman Larry Wenzel and Commissioners Roger Hughes, Michelle Sewald, Eldon Johnson and Pat Grinde. Absent were Commissioners George Traynor, Christy Clapp and Bill Duggan. Also present were City Administrator Hedges, Assistant to the City Administrator Hohenstein, Finance Director VanOverbeke, City Planner Sturm, Administrative Intern Weldon and Financial Consultant to the City of Eagan Dave MacGillivray. Also present was Kirk Duholm of Northern Dakota County Chamber of Commerce. Guests in attendance were representatives of Tri -Land Development Corporation, Brad Swenson, Rollie Crawford and Sid Inman. ADOPTION OF AGENDA Upon motion by Johnson, seconded by Hughes, all members voting in favor, the agenda was approved as presented. MINUTES Upon motion by Hughes, seconded by Johnson, all members voting in favor, the minutes of the October meeting were approved as presented. COMMUNITY UPDATE City Administrator Hedges informed the Commission that the Federal Deposit Insurance Corporation (FDIC) is considering an expansion at the MSA facility. City Administrator Hedges said that he would keep the Commission informed as to any further developments on this issue. He further mentioned that U.S. Memories will not be locating in Eagan but that a Japanese investment firm is interested in the semi -conductor facility and they are currently in negotiations with the State. City Administrator Hedges said that he hoped to have more information on this issue at the next meeting. NEW BUSINESS City Administrator Hedges updated Commission members on the history of the Lexington South Planned Unit Development and the proposal by Tri -Land Development Corporation to develop this site. Tri -Land's owner, Brad Swenson, and legal counsel, Rollie Crawford, described the project and noted that the proposal does include a request for the use of tax increment financing. They responded to questions from Commission members. Chairman Wenzel asked whether the project would be built in phases or at one time. Mr. Swenson responded by saying that the plans were to build the project at one time, but the YMCA facility may depend on that organization's fundraising ability. The YMCA may not be built until later. Tri -Land's leasing agent has indicated to Mr. Swenson that 90% of the retail space probably will be leased when construction is completed. Groundbreaking is slated for May. Mr. MacGillivray asked if single- family homes were still included within the economic development district. Mr. Crawford responded they are in the process of revising the tax increment proposal and single family homes may not be included from the district, therefore, not generating any increment for the project. Commissioner Grinde questioned the depreciation schedule for the project. Mr. Crawford responded by saying they are still working on the projections for the proposal, but assured the Commission that all items will be properly covered. Commissioner Grinde further raised a concern regarding the use of freon in the icemaking equipment and the potential for environmental damage. Mr. Swenson responded that he would check with the engineers as to alternatives to the use of freon. Chairman Wenzel asked if there were similar projects that the Eagan Center could be compared to. Mr. Swenson responded by saying there were none in the State of Minnesota. Commissioner Hughes asked Mr. Swenson about his experience with retail developments. Mr. Swenson responded by saying that he had no specific experience with retail, but he had extensive experience with commercial and residential property management. Mr. MacGillivray explained tax increment laws with regard to the actual situation of this specific project, the various unknowns of the project, and policy considerations the City Council must face. He further explained that tax increment finance can be used for recreational facilities as long as it is publicly owned. If the project defaults, the City would be responsible for assuming its debt. He went on to state that one of the major unknowns is the ability of the district to generate sufficient increment to pay for the ice arena. He further stated that the City Council must consider various questions with regard to the use of tax increment financing for this project, the location, the financial arrangement, and the types of operations. Mr. MacGillivray further explained the differences between the two methods of tax increment financing, one being the issuance of general obligation tax exempt bonds and the other being a pay-as-you-go schedule. Fiscal disparities may also have some implications on the project. City Administrator Hedges indicated the Council would be more receptive to the pay-as-you-go proposal where the City assumes virtually none of the risk. Commissioner Grinde asked about the receptiveness of financial lenders to the project. Mr. Swenson responded that he had talked to several lenders and they were very enthusiastic to the project. Mr. Inman responded that the proposal for tax increment finance would be the pay- as-you-go plan and they would not request the issuance of general obligation bonds. He further stated that the exact amount of increment necessary has not yet been calculated. Mr. Swenson indicated he intends to write down the cost of the land for the YMCA facility from commercial to residential price. City Administrator Hedges responded that it was important to move this issue along in an expeditious manner, but that it would need further study to resolve various unknown issues due to the complexity of the project. He recommended that a task force of the Commission be established with the City Council Finance Committee to review these issues. The Commission asked City Administrator Hedges to request a supplemental proposal from Tri -Land regarding these issues and various alterations from the original proposal. The Commission will hold a special meeting on December 19 at noon at the Eagan Municipal Center to review this supplemental report. E 4, OLD BUSINESS City Administrator Hedges distributed additional information regarding small business incubators that was obtained by Commissioner Bill Duggan. Chairman Wenzel asked Commission members to review the material and be prepared to discuss it at the January meeting. COMMITTEE REPORTS Assistant to the City Administrator Hohenstein responded that the Contacts Committee had returned several of the surveys, but many interviews had still not been completed. Results of the survey will be compiled for the January meeting. Next meeting was scheduled for December 19, 1989, noon, Eagan Municipal Center. Date vl� Chairman Secretary JW Subject to Approval MINUTES OF THE ECONOMIC DEVELOPMENT COMMISSION Eagan, Minnesota December 19, 1989 A special meeting of the Eagan Economic Development Commission was convened at 12:00 noon on Tuesday, December 19, 1989 at the Eagan Municipal Center. Present were Chairman Larry Wenzel and Commissioners Roger Hughes, Eldon Johnson, Pat Grinde, Christy Clapp and Bill Duggan. Absent were Commissioners George Traynor and Michelle Sewald. Also present were City Administrator Hedges, Assistant to the City Administrator Hohenstein, Finance Director VanOverbeke, Community Development Director Runkle, Administrator Intern Weldon, Financial Consultant to the City of Eagan Dave MacGillivray and City Councilmembers Thomas Egan and Pamela McCrea. Also present was Dan Aberg of the Northern Dakota County Chamber of Commerce. Guests in attendance were representatives of Tri -Land Partnership. ADOPTION OF AGENDA Upon motion by Grinde, seconded by Clapp, all members voting in favor, the agenda was approved as presented. MINUTES Upon motion by Johnson, seconded by Grinde, all members voting in favor, the minutes of the November meeting were approved as presented. COMMUNITY UPDATE City Administrator Hedges informed the Commission there were no new developments since the last Commission meeting regarding the prospects of the Japanese firm to locate a microchip facility in Eagan. City Administrator Hedges added that FDIC is also looking at the Comserve facility as well as another location in Burnsville that would employ 300 to 400 persons. NEW BUSINESS Because of the approved agenda for this special meeting, there was no New Business. a(D OLD BUSINESS City Administrator Hedges reintroduced the issue of the application for tax increment financing from Tri -Land Partnership. He recapped the issues and discussion of the meeting from November 28 and asked Mr. MacGillivray to briefly explain the policy considerations as well as the mechanical procedures for the use of tax increment finance and how they relate to this specific project. In reference in a handout that was distributed with the packet prior to the meeting, Mr. MacGillivray explained to the Commission procedures for the use of tax increment finance, and how they relate to this application. He further described the various finance mechanisms available and described the pay-as-you-go procedure, explaining there was little or no risk to the City under this option. Mr. MacGillivray fielded questions from Commission members regarding the financing aspects of the application. Chairman Wenzel recognized Mr. Brad Swenson, owner of Tri -Land Partnership, to make a presentation. Mr. Swenson yielded his time to Mr. Sid Inman, Tri -Land's finance counsel, to make a presentation on behalf of Tri -Land Partnership and field questions from the Commission. Mr. Inman explained that the application requests a write-down on the cost of the land under the pay-as-you-go option and said that Tri -Land would be taking all of the risks with none of the risks being absorbed by the City for the eight year life of the tax increment district. Mr. Inman assured the Commission that the requirements of the "bad for" test would be satisfied as required by State law. Commission members expressed concern over the 25% requirement defining "good use" and "add use" as it relates to specific uses of property in the development. Mr. Inman further stated that ownership of the ice arena would be by a non-profit board of directors, but stated there were still some specifics that have yet to be resolved with respect to ownership of the ice arena. Commission members expressed concern over the future ownership of the ice arena after the expiration of the tax increment district. Dan Aberg questioned the proposed use of the ice arena during the off- season. Mr. Swenson responded the of demand for ice time would most likely warrant year-round use of at least one of the ice sheets for skating purposes. Other indoor uses during the off-season may include soccer or tennis. Commission members deliberated the merits of issuing a decision as a recommendation on this matter. City Administrator Hedges and Chairman Wenzel reminded that Commission that the policy issue they should be solely considering is whether or not this project merits the use of tax increment finance. Commissioner Hughes expressed his reservation about the TIF application and said the project was not appropriate for TIF financing. Commissioner Grinde indicated his support for the use of tax increment financing as it relates to this project. He stated his belief that the "but for" test would be met because development would probably not take place on that site without the benefits of tax increment financing. Commissioner Johnson a i acknowledged that the City may be establishing a new precedent for the use of TIF, but that the precedent may be acceptable. Dan Aberg warned that this TIF application is possibly being used as a leverage to finance private retail development under the guise of "public services", that being the ice arena. otion was made by Hughes, seconded by Duggan, that tax increment financing not be considered for this project based on the information currently available, unless the Commission is given specific direction and resources to consider it further. Chairman Wenzel called for a vote which resulted in three in favor and three opposed. Motion failed. Motion was made by Johnson, seconded by Grinde, to approve a recommendation to the City Council to consider the use of tax increment financing as a special financial tool for the proposed Tri -Land Partnership ice arena project with the condition that the project meets all state and city regulations, fulfills all conditions set forth by the City Council and does not create a property tax obligation for the City of Eagan. Chairman Wenzel called for the vote, which resulted in a three in favor and three opposed tie vote. The motion failed. Dan Aberg asked the Commission what happens to the issue if there is no recommendation from the Commission. City Administrator Hedges answered that the Economic Development Commission has the option of making a formal recommendation or they may delay the issue to another meeting. Motion was made by Hughes, seconded by Clapp, to have staff report today's proceedings of the Economic Development Commission to the Eagan City Council and request that the City Council provide further direction to the EDC if necessary. Chairman Wenzel called for a vote which was six in favor, zero opposed. The motion prevalied. City Administrator Hedges commented that the appropriate question to the City Council would be to ask for a determination on how far the EDC should proceed into the details of this issue before reaching a decision. Mr. Inman indicated his confusion as to what they, as the developers, should do next in light of the motion that had just passed. He said that he would provide any information the Commission requested to help make their decision. He felt the Commission is not adequately informing the developer what additional information would be needed. Mr. Swenson indicated that a "slow no" from the Commission was beginning to develop and that it would be difficult for him to proceed with the plans for the development of Eagan Center if the EDC did not approve the proposal. Dan Aberg responded that the Commission was not giving a "slow no" yet, but that Tri -Land Partnership should proceed with their plans for development. Chairman Wenzel asked if there was any other business to be considered by the Economic Development Commission. There was no response. Motion was made by Hughes, seconded by Johnson, to adjourn the meeting. All voted in favor. The meeting was adjourned at 1:25 p.m. Date a 3 Chairman Secretary JW EA SPRINGSTED PUBLIC FINANCE ADVISORS E-� Eas' Se c- � ace. S,'e 10c sa ... Pa. c:a+ E'2-.: ------ 2 December 18, 1989 Mr. Thomas Hedges, Adr Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Re: Economic Develo Tri -Land Partnerst Dear Mr. Hedges: t nere are a number of poilcy questions wnlcn the committee may wisn to conslaer regarding their recommendation. Their recommendation fundamentally focuses on whether it is appropriate to use tax increment financing (TIF) for this development. In order to clarify the decision-making process the policy questions dealing with the appropriateness of TIF must be separated from other policy questions regarding the ability to structure a financing package which is in the best interest of the City and the community. Therefore our purpose here is to direct the review process towards the appropriateness of TIF for this development. Both the State TIF law and the City's TIF policy present criteria for the use of TIF. The State law requires that TIF not be used unless it can be shown that the project would not occur "but for" the use of TIF. The "But For" test centers on the question of whether the subject project would be constructed to the same magnitude, quality, and within the same time frame without the use of TIF. The City's TIF policy requires the applicant to demonstrate the project's impact in a number of areas relative to employment, tax base enhancement and impact on public infrastructure. it would also seem appropriate to discuss the specific application of TIF for this project. The applicant is proposing to use TIF for land write-down. The Committee may wish to address this type of assistance in terms of the magnitude of the cioliar request. The Development The nature of the development needs to be clarified. Much of the discussion has concerned the ice arena. While the arena is in fact part of one project it is not the mainstay of the private development. The development includes the following: • Retail mall with grocery store (95,000 sq ft: $7,300,000); and • Bank/Medical Building (28,000 sq ft: $2,500,000); and • Convenience Store/Automotive (15,000 sq ft: $600,000); and • Theater (28,000 sq ft: $2,800,000); and • Several restaurants; and Ka' as C" ce 6833 CG Ieae Bcv:EVa�c c,,ee 6c0 C1,.e,a Pa- KS 662'i•15oa g.•;a5•E062 Far 9' 45.17'0 ay v','ss: ^s- 0"ce KG G':'.E Fcac S..'.e •�•� CG•C422 Far 4-41.7E2-2934 Eagan, Minnesota December 18, 1989 Page 2 • Ice Arena and Reception Hall (75,000 sq ft); and • 111 single-family residences. These projects compose the development for which TIF is being requested. "But For" Test Would this development occur without the use of TIF? We do not have adequate information to definitively answer this question. The applicant is going to provide the City with estimated cash flows of the development to support the request. Job Creation Is the employment base being expanded? If so, what are the nature of the jobs being created? If so, is there a diversification of the employment base? The City's employment base is being expanded. We do not have sufficient information to respond as to the number and nature of the jobs being created. Tax Base Enhancement Will the development enhance the City's property tax base? Yes, the development proposes a number of privately -owned projects with a not insignificant cumulative market value. The applicant is proposing the ice arena be exempt from paying property taxes. Public Infrastructure Will the development require the City to invest funds for public improvements? We understand the project will not require the installation of any additional significant public improvements. Nature of the TIF Funding Request: Land Write -Down Is the nature of the TIF funding request, land write-down, appropriate and viable as a financing mechanism? Eagan, Minnesota December 18, 1989 Page 3 The State TIF law permits the expenditure of TIF revenues for the writing down of the cost of private property in anticipation of development. Their expenditure is therefore allowable under the statute. As to whether the expenditure is appropriate, the only other feasible alternative is funding the cost of construction of the ice arena. The Committee may wish to consider the two alternative eligible expenditure areas. We have some concerns relating to the viability of using the TIF funding for land write-down. The applicant is requesting approximately $3,400,000 in TIF assistance. A question exists as to the amount of land which would be eligible for write-down given the non -qualification of using TIF on certain parcels because of their use. Does the reimbursement of $3,400,000 apply to a land area the market value of which is below the amount of the reimbursement? We do not have the necessary information to answer that question. Summary With the exception of the 'But For" test, the Committee does not need to find the development satisfies all criteria. It is for the Committee to decide which criteria are satisfied, and is compliance to such an extent that the use of TIF is appropriate for this development. As certain information is still to be submitted, and given the time frame for consideration of the project, the Committee may wish to make its recommendation on a contingent basis for those criteria deemed appropriate. We are prepared to respond to any questions regarding these points within the bounds of the available information. Respectfully, David N. MacGillivray I Vice President mjh Agenda Information Memo January 4, 1990 City Council Meeting SELECTION OF AIRPORT CONSULTANT B. Selection of Airport Consultant --At the December 19 City Council meeting, action was taken to direct City staff to prepare a scope of work and actively seek the services of a consultant to review technical aspects of the airport corridor operations. The technical review will include a critique of the Braslau/Collette Study as commissioned by the City of Mendota Heights. For additional information_9R the corridor study response, refer to a copy of the scope of work enclosed on pages through . The City Administrator and Assistant to the City Administrator Hohenstein have made several contacts with local consulting firms and cities nationwide who have used consultants for airport noise studies' presentations and agreed that Gerry Bogan & Associates, who was highly recommended by Tom Duffy, executive director of NOISE, be retained for the technical services. A proposal has been requested by staff, and once received, will be forwarded to the City Council for review. In addition to the technical consultant, staff has made a number of inquiries seeking the services of an environmental attorney. The environmental attorney will review legal parameters as they relate to the integrity of the Comprehensive Guide Plan and other environmental concerns. Mr. John Herman of the law firm of Leonard, Street and Deinard, is highly recommended for the services. Mr. Herman helped author the metropolitan's significance legislation, is a well-respected influence with the Minnesota legislature and is considered an expert in environmental law in the State of Minnesota. The City Administrator has arranged for a meeting with Mr. Herman on Tuesday, January 2 to discuss a scope of work. This information will also be forwarded to the City Council for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To consider the recommendation of the City Administrator to retain the services of Gerry Bogan and Associates as the City's technical consultant to review the technical aspects of the corridor operation and the study that was recently commissioned by the City of Mendota Heights, and further to retain John Herman as an environmental expert for the same purpose. CORRIDOR STUDY RESPONSE DRAFT SCOPE OF WORK I. Review Written History of Corridor with City Staff The firm will become familiar with the noise compatible corridor concept as it evolved southeast of Minneapolis -St. Paul International Airport: Such review to include existing City summaries of corridor history, supplemented as necessary by: a. MAC/MASAC Minutes and Documents b. MC/MAC Noisemap Project Minutes and Documents C. City/MAC/FAA Correspondence and Representations d. Eagan/Mendota Heights Comprehensive Guide Plan Maps e. Metropolitan Council Aviation Guide Chapter f. FAR Part 150 Study 2. Review Technical Aspects of Corridor Operations - The firm will become familiar with the technical capabilities of the FAA with respect to parallel runway operations, safety separations and peak hour capacities. Such review to include existing City documentation, supplemented as necessary by: a. FAA Tower Orders b. FAA Correspondence and Representations C. MAC/MASAC Reports and Documents 3. Review Braslau/Collette Study Commissioned by the City of Mendota Heights - The firm will .review the Braslau/Collette study of the corridor and its related proposal in the context of corridor history and operational feasibility. The firm shall objectively critique the study and its conclusion with specific reference to historical accuracy, internal consistency and relationship to land use compatibility policy. 4. Review City Staff Report Responding to Bras lau/Collette Study - The firm will review the staff response to the Braslau/Collette study with an emphasis on the technical accuracy of the response and its fact -based conclusions. 5. Prepare Written Critique of Staff Report Responding to Braslau/Collette Report - The firm shall develop its critique as a written response for City consideration and incorporation in the staff report. 6. Represent the City in Public Meetings Associated with the Report - The firm will act as support to the City's principal representatives at meetings concerning the Braslau/Collette report. 7. Alternate - Develop an Alternative Corridor Use Proposal - The firm shall separately bid on this item as an alternate. In the context of the historical development of the corridor and operational feasibility, the firm will recommend an equitable corridor use proposal for submission to MASAC and MAC as part of corridor review process. This proposal to be considered as a part of the City's review of the aviation portion of the Comprehensive Guide Plan. il Agenda Information Memo January 4, 1990 City Council Meeting PRELIMINARY PLAT CONDITIONAL USE PERMIT UCKWOOD SQUARE A. Preliminary Plat, Duckwood Square/Metro Center Developers, for One Lot, a Conditional Use Permit to Allow a Class II Restaurant, a Conditional Use Permit to Allow Tire and Automotive Repair, and a Pylon Sign on Approximately 43 Acres of CSC (Community Shopping Center) District Located on South Side of Duckwood Drive, West of Denmark Avenue in the Northwest 1/4 of Section 15--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on December 21, 1989 to consider a preliminary plat application for Duckwood Square, a conditional use permit to allow a Class II restaurant, a conditional use permit to allow tire and automotive repair, and a pylon sign. The APC is recommending approval. For additional information on this item, refer to a copy of report prepared by the Department of Community Development enclosed on pages through - For a copy of the APC action, refer to pages M through Z5 For a copy of the Advisory Parks and Recreation Commission action, refer to pageY ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat entitled Duckwood Square, a conditional use permit to allow a Class II restaurant, a conditional use permit to allow tire and automotive repair and a pylon sign. 3L.O> MEMO TO: ADVISORY PLANNING COMMISSION MEMBERS FROM: JIM STURM, CITY PLANNER DATE: DECEMBER 14, 1989 RE: DUCRWOOD SQUARE ADDITION At the November 28 Advisory Planning Commission meeting, this item was continued to the December meeting if revised plans were submitted to staff by December 1, 1989. The major concern was the east end of the strip center containing a proposed Goodyear facility and its relationship to the Simek's and Hardware Hank building to the east. While the major portion of this center has kept the same setback from Duckwood Drive, the (L) has been shifted approximately 45' to the south and the whole building has been shifted approximately 5' to the west. Also, 24 parking stalls are provided on the south side of the building for Goodyear's use. This amount meets Code requirements, however due to the specific nature of the business, it appears that providing a double road now may eliminate potential shortages in the future. Another concern expressed was with the landscaping along Duckwood Drive. This issue has been resolved with staff and both the Frank's Nursery project and this site should tie in much better. Attached is the original staff report. All conditions of that report and those added by the Planning Commission members last month still apply. ADDITIONAL CONDITIONS: All automobile service center vehicles and customer cars waiting for repair or pick up shall be parked on the south side of the strip center. If a shortage occurs, the City has the right to require that additional parking stalls be provided, if deemed necessary. 31 5jC-,"K- WOOD SC2.JA=RE METRO CENTER DEVELOPER. O s � 5jC-,"K- WOOD SC2.JA=RE METRO CENTER DEVELOPER. J L , UI ! � '|'' � IN : I} ■f � 31 m � � DUCKWOOD )�1\/(§ .! �. �a | || ,;,|� -•• I. ■!i; |_ �; |■,!| !! � � | � | { 7,7 .CI / :_•� /�'�! CENTER OEVIELDPERs3 3 ! ,-;.! - - ! | ||�|� _ 31 m � � DUCKWOOD SQUARE .! �. �a | || ,;,|� -•• I. ■!i; |_ �; |■,!| !! � � | � | �.METRO CENTER OEVIELDPERs3 3 31 m ,! ., ;|�•, �!|| ||| q '! || '�||! ||•; ,;| I | m § ■ -. ;_|'| �!|| �|€ | || ,;,|� -•• I. ■!i; |_ �; |■,!| !! � � | � | ! , ,9i! ;|| i!| ! ,-;.! - - ! | ||�|� _ |:;'s Ili 11 � -:.2 � .§,...) >11- I n 2 ge§eeE R§ '| O |||'� t R � m � � § D E � D 31 m CITY OF EAGAN SUBJECT: PRELIMINARY PLAT AND CONDITIONAL USE PERMITS (CLASS II RESTAURANT, AUTOMOTIVE REPAIR, AND PYLON SIGN) DUCKWOOD SQUARE APPLICANT: METRO CENTER DEVELOPERS LOCATION: NW 1/4 OF SECTION 15 EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: NOVEMBER 28, 1989 DATE OF REPORT: NOVEMBER 14, 1989 COMPILED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY: Separate applications have been submitted requesting a Preliminary Plat and Conditional Use Permits for a Class II restaurant, an automotive repair shop, and a pylon sign. COMPREHENSIVE PLAN: The project site is currently designated as CSC (Community Shopping Center) in the most recent (August 1988) Comprehensive Land Use Guide Plan. The proposed project is consistent with the CSC designation. EXISTING CONDITIONS: The 4.06 -acre site is located directly south of Duckwood Drive, east of the proposed Franks Nursery and Craft Addition, west of R & B Addition (Simek's Meats and Hardware Hank) , and north of Pilot Knob Heights Addition. The site is flat, open grassland with a grove of mature trees at the south end of the parcel. SITE PLAN PROPOSAL: Originally, the Duckwood Square plat included Franks Nursery and Crafts. However, after deciding to plat independently, the proposed retail center will consist of one lot and no outlots. Metro Center Developers are negotiating leasing contracts with Goodyear Tire and a pizza restaurant. The applicant is proposing a 24,495 -square -foot, single -story building. The building material is a mixture -of painted, smooth and rock -faced concrete block with a pre -finished metal canopy. Federal Express is proposing a prototype of their latest one - employee drop-off station (similar to Photo Mat) to be located at the north end of the parking lot. The Federal Express station is approximately the size of one parking stall. The buildings as proposed meet or exceed setback and building coverage requirements in a CSC zoning district. The project has a building coverage of 13.8% 34 The site plan indicates 142 parking stalls; 141 are required. Access to the site is from Duckwood Drive in a shared access with the proposed Franks Nursery and Crafts Addition. An ingress/egress easement shall be required. Signage for the proposed project will be provided by a -building - mounted sign board (stucco facia) and a pylon sign. The landscaping plan conceptually is fine; however, it is staff's recommendation that the plan needs to be "beefed up" with additional evergreens and overstories along Duckwood Drive. Staff has also encouraged the applicant to replace the sunburst locust with a different species of tree. It has been the staff's experience that in commercial developments, the pedials (twigs) can plug storm sewer lines. The plan submitted was not drawn by a landscape architect and the spacings are not completely accurate for recommended plantings; therefore, staff will review field staking prior to the installation of any plant material. 35 GRADING/DRAINAGE/EROSION CONTROL: A minimal amount of grading is required to develop the site to its proposed use. The grading plan shows construction of a 3' high berm along the south side of Duckwood Drive. The maximum fill on the site is proposed to be 4' +/- and the maximum cut is 2' +/-. The wooded area and the hill to the south of the development provide a buffer between the proposed development and the existing multiple/residential development to the south. The development proposes to utilize the existing storm sewer along its southerly boundary to handle the runoff generated by the site. The existing storm sewer has sufficient capacity and depth to adequately serve this site. Staff recommends that a storm sewer stub shall be added to the west with a capacity of 6 cfs to accommodate the future development to the west. The drainage from this site will discharge into Pond JP -67 which drains into Pond JP -66 which drains southerly along Denmark Avenue to Pond JP -15 which drains into Fish Lake (Pond JP -4). Ponds JP - 66, JP -67, JP -15 and JP -4 are designated ponding areas in the City's Comprehensive Storm Sewer Plan. The wooded area and the hill to the south of the development provide a buffer between the proposed development and the existing multiple/residential development to the south. WATER UALITY: This development is within the watershed drainage district tributary to Fish Lake. Fish Lake has a water quality classification standard of a Class 1 direct contact recreational water body. Fish Lake has been identified by the DNR and MPCA as having one of the highest rated water qualities of any of the lakes in the seven County metropolitan area. The preservation of this high water quality standard is not only a concern of the City of Eagan, but is one of metropolitan significance also. Preliminary water quality models predict that Fish Lake is capable of maintaining a Class 1 water quality standard if nutrient loading to the lake does not increase. At the time of the preparation of this report, a detailed water quality analysis had not yet been completed. The development will be responsible for limiting the nutrient loadings from this development to Fish Lake to pre - development levels. The possible available alternatives to accomplish this goal are unknowns at this point. WATER RESOURCES: UTILITIES: Sanitary sewer of sufficient size, capacity and depth is immediately available within Duckwood Drive to provide service to this proposed development. A 6" service line has been stubbed out of Duckwood Drive to provide sanitary sewer service. The 6" line to the building will require cleanouts as shown on the preliminary utility plan. Water main service of sufficient capacity, size and pressure has been provided to the development from the existing 24" water main in Duckwood Drive. A 6" water main stub has also been provided from the R & B Addition to the east. The preliminary utility plan shows connecting to the 6" water main on the east property line and looping the 6" line along the south side of the proposed retail center building to the west property line for the future development to the west. An existing hydrant is located in the proposed driveway along the west property line of the development and will have to be relocated as shown on the preliminary utility plan. The size and location of the individual water service to the proposed retail center building will be reviewed as part of the final plat application process. 6TREETS/ACCESS/CIRCULATION: Access to this site is readily available from Duckwood Drive and also from the existing parking lot to the east in the R & B Addition. The proposed driveway opening along the west property line is approximately 100' east of an existing driveway opening on the north side of Duckwood Drive that will serve the undeveloped property north of Duckwood Drive. The preliminary parking lot layout plan as submitted, shows removal of approximately 150' of curb and gutter along the southeast corner of the development to expand the drive aisle along the Simek's Meat Market. The parking lot layout for the proposed development will also complete the drive aisle along the west side of the R & B Addition from Duckwood Drive to the south. The development will be required to construct the entire width of the proposed drive aisle along the west property line and that width shall be 30' wide. All other minor access drives shall be constructed to a minimum width of 241. All islands in the parking area shall be constructed with concrete curb and gutter. The traffic circulation and parking stall site plan must be approved by the Engineering Department prior to final plat approval. EASEMENTSJRIGHTS-OF-WAYlPERMITS: A 40' half right-of-way shall be dedicated for the existing Duckwood Drive. Adequate easements for the existing storm sewer along the south edge of the development have been previously conveyed to the City. The development will be responsible for providing the 20' wide utility easement for the proposed water main that loops through the site and also for the proposed storm sewer that will be publicly maintained. The standard drainage and utility easements will be required along the property lines. As shown on the preliminary plat, a 15' ingress and egress easement will be required for the common driveway to be shared with the development to the west. Also, a trail easement will be required along Duckwood Drive for the proposed concrete walk. This development shall be responsible for insuring that all regulatory agency permits (MPGA, MWCC, Department of Health, etc.) are acquired prior to final plat approval. 3 1 FINANCIAL OBLIGATION - DUCRWOOD SQUARE: Based on the study of the financial obligation collected in the past and the proposed uses for the property, no financial obligation is proposed for consideration. CONDITIONS 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, bl, B2, B3, C1, C2, C4, C5, D1, E1, and F1. 2. All rooftop mechanical equipment shall be screened. 3. Trash and recycling enclosures shall be located indoors or attached, made from the same building material and not visible from the street. 4. An ingress/egress easement shall be executed. 5. The pylon sign shall be subject to a one-time sign fee of $2.50 per square foot. 6. Field staking of plant material shall be reviewed by City staff prior to installation. 7. Irrigation shall be provided. B. The development is required to provide a 6 cfs storm sewer outlet to the westerly adjacent property. 9. The development is required to coordinate the construction of the northwesterly access from Duckwood Drive to the proposed site with the westerly adjacent property. 20. The development is required to limit nutrient loading to Fish Lake to pre -development levels. 11. A 40' half right-of-way is required for Duckwood Drive. 31 A. B. C. STANDARD CONDITIONS OF PLAT APPROVAL Assessments 1. This development shall accept its additional assessment 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. Easements and -Rights -of -Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 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. 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 and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff 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 and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not release until one year after the date of installation. 5. All internal public constructed within accordance with City D. blie improvements and private streets shall be the required right-of-way in design standards. 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks 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. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City council Approved: August 25, 1987 September 15L_1987 Revised: PLATAPPR.CON LTS #1 6/12/89 4 1 CENTRE 2 _ i 70 t I TENTH i t • TOWN CE10 4 70 ... 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Z_ i J IL BUBd0'MA30 WBIN33 F7FJ13W�.wr < M .110.h0 . -s6 -1 advnos mann an❑ Nasu 1 ro•r. .hwo 3� � c _ • �� � Wum una me. Narlm a IM z c i 4) h BUBd0'MA30 WBIN33 F7FJ13W�.wr < M .110.h0 vlas3ml. 'MMJY3 3AI60 000.23M -1 advnos mann an❑ Nasu 1 ro•r. .hwo 3� � c _ • �� � Wum una me. Narlm a IM l� 4(o J! >I 0=i K-. zIR O i Ba I IFIL � i 41 Y.Y C� el::� �.�� il•� 6'ki3d0'13/�30 d31N30 OC1HN1 �..M g - m ✓..� e.o-��•a..+. - Y1Q5}NIY 'NV7Y7 xlYo 000e»na sl��Y-rxly _ - advnos 000nn5emn© a�tSIS 4.O - TS �oua x..s •� N3'W1kiIM an•r aa..wm 41 Y.Y C� el::� �.�� il•� MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA DECEMBER 211 1989 A regular meeting of the Eagan Advisory Planning Commission was held on Thursday, December 21, 1989, at 7:00 p.m. at the Eagan Municipal Center. Present were Chairman Pawlenty, Members Voracek, Graves, Miller, Merkley, Gorman and Hoeft. Also present were Assistant City Engineer Mike Foertsch, City Planner, Jim Sturm and City Attorney Mike Dougherty. AGENDA Chairman Pawlenty informed the Commission that the applicants requested a continuance of Item B (Conditional Use Permit _ Minnesota Public Radio), Item G (Eagan Center Fifth Addition Tri -Land Partnership) and Item H (Diffley/Cedar Planned Development - Koldt Properties). Voracek moved, Merkley seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES November 28, 1989. Merkley moved, Hoeft seconded, the motion to approve the November 28, 1989 Advisory Planning Commission minutes as presented. Pawlenty, Voracek, Graves, Merkley, Gorman and Hoeft voted in favor; Miller abstained. DUCKWOOD SQUARE/METRO CENTER DEVELOPERS Chairman Pawlenty opened the first public hearing for the evening regarding a preliminary plat for one lot, a conditional use permit to allow a Class 2 restaurant, a conditional use permit to allow tire and automotive repair, and a pylon sign on approximately 4.3 acres of Community Shopping Center zoned property located on the south side of Duckwood Drive west of Denmark Avenue in the northwest quarter of Section 15. City Planner Jim He recommended the parking stalls. He of the center would be Sturm introduced the matter to the Commission. addition of a condition regarding additional stated that the present easements over the front vacated prior to the final plat. Wally Kluse (developer) informed the Commission he agreed with all of the proposed conditions. 43 Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 Commissionmember Merkley had concerns regarding circulation problems and the parking layout. Assistant City Engineer Mike Foertsch stated there should be no problems regarding the parking and the circulation. Commissionmember Hoeft questioned if there would be additional parking on the south. City Planner Jim Sturm stated there would be additional parking on the south. Commissionmember Hoeft questioned if the trees would remain on the site. The developer stated that the trees were not on the site. Chairman Pawlenty had concerns regarding sufficient parking. Mr. Sturm explained that the additional condition would cover the concern. Neal Hartman (Goodyear) informed the Commission that the majority of the vehicles would not be present as Goodyear was not a full service garage. Commissionmember Voracek questioned if the new layout satisfied the present owners. Leroy Rother (Hardware Hank) informed the Commission that the new layout was discussed with the developer and that there were many improvements. He stated he was not opposed to the layout. Commissionmember Miller commented that major repairs required longer waits. Commissionmember Gorman questioned if brick would be used on the structure. Lowell Wagner (developer) pointed out that their previous projects looked good without brick. He requested approval of the plans as submitted. He explained that brick would require a redesign. Commissionmember Gorman requested an explanation of the upscale building. Mr. Wagner responded. Chairman Pawlenty shared the concern and stated that Code requirements were met. He stated the material policy would be reviewed. Commissionmember Merkley requested an addition of a condition for bidding outside sales or displays. Miller moved, Hoeft seconded, the motion to close the public hearing and approve a preliminary plat for one lot on approximately 4.3 acres of Community Shopping Center zoned property located on the south side of Duckwood Drive west of Denmark Avenue in the northwest quarter of Section 15, subject to the following conditions: Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with : Al, B1, B2, B3, C1, C2, C4, C5, E1, F1, and G1. 2. All rooftop mechanical equipment shall be screened. 3. Trash and recycling enclosures shall be located indoors or attached, made from the same building material and not visible from the streets. 4. An ingress/egress easement shall be executed. 5. The pylon sign shall be subject to a one-time sign fee of $2.50 per square foot. 6. Field staking of plant material shall be reviewed by City staff prior to installation. 7. Irrigation shall be provided. 8. The development is required to provide a 6 cfs storm sewer outlet to the westerly adjacent property. 9. The development is required to coordinate the construction of the northwesterly access from Duckwood Drive to the proposed site with the westerly adjacent property. 10. The development is required to limit nutrient loading to Fish Lake to pre -development levels. il. A 40' half right-of-way is required for Duckwood Drive. 12. No outside sales or displays shall be allowed. So Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 13. All automobile service center vehicles and customer cars waiting for repair or pickup shall be parked on the south side of the strip center. 14. if a shortage occurs, the City has the right to require that additional parking stalls be provided, if deemed necessary by the Engineering Department. 15. The present easements over the front of the center are to be vacated prior to final plat. All voted in favor. Miller moved, Hoeft seconded, the motion to approve a conditional use permit to allow a Class II restaurant, a conditional use permit to allow tire and automotive repair, and a pylon sign on approximately 4.3 acres of Community Shopping Center zoned property located on the south side of Duckwood Drive west of Denmark Avenue in the northwest quarter of Section 15. All voted in favor. MICHAEL AND PATRICK HAOPT - CONDITIONAL USE PERMIT Chair Pawlenty convened the next public hearing regar g a conditional se permit to allow a Class II (Fast Food) res ant in a Community ping Center district located on Lo Block 1, Thomas Lake Cent Addition at the northwest inter tion of Cliff and Thomas Lake Roads ' the southwest quarter of ion 28. City Planner Jim Sturm a ained th plication summary to the Commission. The developer was avail the meeting for questions. Commissionmember Hoeft qu coned th raffic flow and City Planner Jim Sturm responded is request. Merkley moved, v cek seconded, the motion to hearing and appro a conditional use permit to (Fast Food) re urant in a Community Shopping located on 1, Block 1, Thomas Lake Center northwest tersection of Cliff and Thomas Lake Road quarter Section 28. A11 voted in favor. s( c thepublic allow Class II Centerrict d Addition at e in the southwest MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: DECEMBER 15, 1989 RE: DUCKWOOD SQUARE - METRO CENTER DEVELOPERS The Advisory Parks and Recreation Commission reviewed this proposed development at its December 7, 1989 meeting and recommended the following: 1. That this proposal be subject to a cash parkland dedication. 2. That this proposal be responsible for the construction of a C foot %Nlide concrete sidewalk along Duckwood Drive or, dependent upon the policy enacted at the time of final plat, the proposal may be subject to a traikya), dedication. 3. The above recommendations are made subject to the satisfactory resolution of compliance to City landscape policy and assurance that storm water run- off will meet the water quality requirements so as to protect Fish Lake. KV:cm cc: Ed Kirscht, Engineering Technician Marlene Zaleznick, Planner I S� Agenda Information Memo January 4, 1990 City Council Meeting CONDITIONAL USE PERMIT ICHAEL & PATRICK HAUPT B. Conditional Use Permit, Michael & Patrick Haupt, to Allow a Class H (Fast Food) Restaurant in a CSC (Community Shopping Center) District Located on Lot 1, Block 1, Thomas Lake Center Addition at the Northwest Intersection of Cliff and Thomas Lake Roads in Southwest 1/4 of Section 28--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on December 21, 1989 to consider an application submitted by Michael and Patrick Haupt to allow a Class II restaurant in a community shopping center district (Thomas Lake Center Addition). The APC is recommending approval of the conditional use permit. For additional information on this item, refer to a staff reportrepared b the Community Development Department which is enclosed on pages through. For a copy of the APC action, refer to page. �?. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow a Class II restaurant in a community shopping center district (Thomas Lake Center Addition) for Michael and Patrick Haupt. 53 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: MICHAEL & PATRICK HAUPT LOCATION: L11 Bi, THOMAS LAKE CENTER EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: DECEMBER 211 1989 DATE OF REPORT: DECEMBER 41 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: The application is for a Conditional Use Permit to allow a Class II restaurant in a Community Shopping Center district. COMMENTS: Chapter Eleven of the City Code defines two types of restaurants: Class I "Traditional Restaurant" where food is served and consumed by the customer at a table. Class II "Fast Food" where a significant number of customers take their food outside to eat in an automobile or off premises. Class II restaurants are allowed, by Conditional Use Permit, in the CSC zoning district. The proposed restaurant will occupy approximately 830 square feet of space in the Thomas Lake Center. As proposed, the restaurant will accommodate only "take out" orders. The applicants anticipate employing approximately five people. If approved, this Conditional Use Permit shall be subject to applicable Ordinances. Financial Obligation - 28 -CII -34-12-89 Lot 1 Block i Thomas Lake Center Based on the study of the financial obligations collected in the past and the proposed uses for the property, no financial obligation is proposed for consideration. S� r � ' w C_R-• ww' r • � F -- --------- fI� Ate, / /f www wr ww rw Viol #2 ; �1 • 7 2 a -+TS 14 oTlw> /ems! (�. l' V;� , _- �-...... _..err•^� ,•rt �� ` —� u i w1i.....-• ILr �•r w' em i �•. �_� ��� L. .... ........... ... CLIFF RD. 5.5 r � ' w C_R-• ww' r • � F -- --------- Viol #2 ; �1 • 7 14 oTlw> /ems! (�. r � ' w C_R-• ww' r • � F -- --------- WCL 1:O OI F—Y< m — (AUW v n _. m m� W -- O 5(140 A >i>IINfID� W ONIN7�0 MAI t•v4 1 � P m 0 v n _. m m� W -- O 5(140 A - .e/,f01 -.S W P m 0 v n _. m m� W -- O 5(140 A Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 13. All automobile service center vehicles and customer cars waiting for repair or pickup shall be parked on the south side of the strip center. 14. If a shortage occurs, the City has the right to require that additional parking stalls be provided, if deemed necessary by the Engineering Department. 15. The present easements over the front of the center are to be vacated prior to final plat. All voted in favor. Miller moved, Hoeft seconded, the motion to approve a conditional use permit to allow a Class II restaurant, a conditional use permit to allow tire and automotive repair, and a pylon sign on approximately 4.3 acres of Community Shopping Center zoned property located on the south side of Duckwood Drive west of Denmark Avenue in the northwest quarter of Section 15. All voted in favor. MICHAEL AND PATRICK HAUPT - CONDITIONAL USE PERMIT Chairman Pawlenty convened the next public hearing regarding a conditional use permit to allow a Class II (Fast Food) restaurant in a Community Shopping Center district located on Lot 1, Block 1, Thomas Lake Center Addition at the northwest intersection of Cliff and Thomas Lake Roads in the southwest quarter of Section 28. City Planner Jim Sturm explained the application summary to the Commission. The developer was available at the meeting for questions. Commissionmember Hoeft questioned the traffic flow and City Planner Jim Sturm responded to his request. Merkley moved, Voracek -seconded, the motion to close the public hearing and approve a conditional use permit to allow a Class II (Fast Food) restaurant in a Community Shopping Center district located on Lot 1, Block 1, Thomas Lake Center Addition at the northwest intersection of Cliff and Thomas Lake Road in the southwest quarter of Section 28. All voted in favor. S '07 Agenda Information Memo January 4, 1990 City Council Meeting PRELIMINARY PLATIBLACKHAWK ACRES 3RD ADDITION C. Preliminary Plat, Blackhawk Acres 3rd Addition/Les Duoos & Associates, for Fourteen Townhouse Lots on 2.1 Acres of R-3 (Townhouse Residential) Zoned Land Located on the West Side of Robin Lane, West of Blackhawk Road in Southeast 1/4 of Section 17--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on December 21, 1989 to consider a preliminary plat application for Blackhawk Acres 3rd Addition. The APC is recommending approval of the preliminary plat with one added condition. For additional information on this item, refer to a copy of the report prepared by the Department of Community Development enclosed on pages$ through For a copy c the APC action, including the additional condition, refer to pages through '. The Advisory Parks and Recreation Commission has not yet taken action on this item. The Commission is meeting on January 4, 1990 (same night as Council meeting) to consider this item. Any approval of the preliminary plat should be subject to any additional action/conditions as recommended by the Advisory Parks and Recreation Commission. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat entitled Blackhawk Acres 3rd Addition, subject to the additional condition as imposed by the APC at their regular meeting held on December 21, 1989 and any additional action/conditions as required by the Advisory Parks and Recreation Commission as determined at their meeting held on January 4, 1990. SUBJECT: PRELIMINARY PLAT (BLACKHAWK ACRES 3RD ADDITION) APPLICANT: LES DUOOS AND LOU LEASURE LOCATION: OUTLOT B, BLACKHAWK ACRES 2ND ADDITION EXISTING ZONING: R-3 (TOWNHOUSE) DATE OF PUBLIC HEARING: DECEMBER 21, 1989 DATE OF REPORT: DECEMBER 12, 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat for Blackhawk Acres 3rd Addition consisting of 13 owner -occupied townhouse units on 2.10 acres located along Robin Lane just west of Blackhawk Road. This site is currently zoned R- 3 (Townhouse). This proposal is consistent with the most current Land Use Guide Plan (August 1988) which designates this area as D - III (Mixed Residential, 6-12 units/acre). EXISTING CONDITIONS: This site is located on Outlot B of the Blackhawk Acres 2nd Addition The site is surrounded by the Town View 1st Addition on the south and west side, and by Blackhawk Acres 2nd Addition, Phase I, across Robin Lane to the east. SITE PLAN: The proposed site plan indicates a five -unit building on the north side of the property and an eight -unit building on the south. Each building has a separate access from Robin Lane. The access for the five -unit building will line up with the Blackhawk Acres 2nd Addition townhomes to the east. The original plan did not indicate any visitor parking on-site. After reviewing this with staff, new plans were submitted showing four visitor parking stalls for the eight-plex. The project, as proposed, meets all R-3 setback requirements. Overall density for the project is 6.19 units per acre. Code requires a minimum lot area of 6,000 sq. ft. per unit, the proposed project has 7,045 sq. ft. per unit. Each unit will be platted as an individual lot with all common areas (Lot 6, Block 1) being maintained by the developer. The eight-plex building design features a walkout style with double tuck under garage. The five-plex building will be similar to those located in Phase I of the development. A tot -lot will be provided and will be located just west of the five-plex, approximately 17' from the deck of Lot 4. 59 The applicant has submitted a landscape plan identifying two wooded areas in the northwest portion of the lot which will be preserved. All landscaped areas will be irrigated with a central sprinkler system by the townhouse association. Two retaining walls are shown on the site plan. The smallest wall is located in the northeast corner and is a one tier, 4' wall. The second retaining wall surrounds the parking lot of the eight-plex on the west and south sides. The two and three tier wall will be planted with Yellow and Red Twig Dogwood, Cutleaf Staghorn Sumac, and Garden Snowberry. Eleven Blackhills Spruce trees and seven Marshall Seedless Ash are proposed along Robin Lane. GRADING/DRAINAGE ZEROS TON CONTROL: The grading plan submitted is in accordance with the City of Eagan's standards. Primarily, the entire site is proposed to be graded with the exception of the wooded area located in the northwest corner of the plat. Retaining walls are proposed in certain locations so the maximum .3:1 slopes may be obtained. However, due to the steep slopes, staff recommends that the developer restore all disturbed areas as quickly as possible to control the potential erosion. In addition, the developer will be responsible for maintaining the proper erosion control measures and removing whatever sediment does erode onto Robin Lane. The general drainage of this site flows in a northerly direction. It is proposed that catch basins be installed to intercept the storm runoff. The proposed catch basins will be tied into the existing storm lines located in an easement and, also, the Robin Lane right-of-way. These storm sewer lines drain to Pond AP -27 then continuing with a gravity flow to the Minnesota River. Pond AP -27 is listed on the City of Eagan's Comprehensive Storm Sewer Plan. A preliminary erosion and sediment control plan was submitted as a part of this application. UTILITIES: Water main service of sufficient capacity and pressure is readily available and located along the north property line and, also in the Robin Lane right-of-way. Individual pressure reducers will be required to be installed because water main pressure is in excess of 96 psi. Sanitary sewer service of sufficient depth and capacity is readily available and is located along the north property line and also in the Robin Lane right-of-way. STREETS/ACCESS/CIRCULATION: Robin Lane is an existing City street which is built to its ultimate design section. This development proposes to connect to Robin Lane with two private driveways. All private drives meet City Code with respect to maintaining a 10% grade or less. RIGHT-OF-WAYIEASEMENTS: An existing 60' right-of-way exists for street purposes for Robin Lane. Three easements are presently recorded for utility purposes. Along the north property line is a 15' easement for sanitary sewer and water main lines. A 35' storm sewer trunk line easement exists lying westerly and parallel to the west right-of-way line of Robin Lane. Northern Natural Gas Pipeline Company has a 50' utility easement located in the northwest corner of the proposed plat lying in a southwesterly to a northeasterly direction. (.Q PERMITS: It will be required of the developer to obtain a permit from Northern Natural Gas Pipeline Company to encroach and grade on their pipeline easement. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. Financial obligation - Blackbawk Acres 3rd Based on the study of the financial obligations collected in the past and the proposed uses for the property, the following financial obligation is proposed. This obligation is computed using the 1990 adopted rates. Improvement 4roi Fite 2ty Amount Sanitary sewer trunk 4 690/lot 11 lots $ 71590 Water trunk 49 695/lot 11 lots 7,645 Lateral benefit water 49 920/ff 413.71 ff 3,806 trunk Lateral benefit storm 297 18.75/ff 413.71 ff 7,757 Financial Obligation S26,798 BLACKHAWR ACRES 3RD ADDITION CONDITIONS 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, C1, C2, C4, C5, D1, E1, F1, and G1. 2. Easements will be required on the water and sewer lines which serve the Development. 3. The Development is required to submit detailed plans and specifications for the proposed retaining wall for City staff review and comment prior to final plat. A. B. C. STANDARD CONDITIONS OF PLAT APPROVAL Assessments 1. This development shall accept its additional assessment 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. Easements and -Rights -of -Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 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. 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 and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff 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 and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not release 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 design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks 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. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission city -Council Approved: August 25, 1987 September 15 1987 Revised: PLATAPPR.CON LTS #1 6/12/89 (05 ..�.. ru1, r.r.r I..r — •..I I K y L. ' ' _ v✓ 'd = It+r+ I...I l pt— 1 ory fl11 of: haear•a by: BIpMA Bf_ACKHAWK ACRES 3RD ADDITION N IUYAAN Y $MEET 1 of 6 jni 11 mal �t+e y,f, �.Y. rr.�r +.•u_.y' I 1 GRADING ! DRAINAGE and EROSION CONTROL PLAN :rr, .� u, n. i. r..n. a.• 'Pfopated by: Pffmwnely Put of: «� •'•••w;• «•"•• SIGMA .^. BLACKHAWK ACRES 3RD ADDITION " w'""'�SURVEYI"G_ � "• i• �• a[wvleEs fNG. SHEET 2 Or 6 iin.•.. ir.� H!7 b:�. q.•4� way+., a�.. ��� c�� n GENERAL UTILITY PLAN and GRADING / DRAINAGE •nd EROSION CONTROL PLAN BLACKHAWK ACRES 3RD ADDITION / MET 3 Of �t Fl ' t E . i PteYued by: SIGMA (1URVEY1Nti �A( se RVICEf INC. ■rw w.wr rr. 1 ua �_ M.rN ruw.., r..■. 1►4� aaw ■rwrin e E. GENERAL LANDSCAPE PLAN PraHnYnary Plat of: BLACKHAWK ACRES 3RD ADDITION SHEET 4 OF 6 a m 16ME W� m _L tttmlt Z-7 BLACKHAWK ACRES 3RD ADDITION SKEET 5 OF 6 —LLLL.JAA.ZL.TULL— qtv�� ust si-4j, - I Mr -L —4� H ij I i, I Lp ALM, A -LuAw-mull. -mum_m..L- 11 Billi=s j_j lee L - - -.f i n-1 Iwo E il� BLACKHAWK ACRES 3RD ADDITION SHEET OF 6 • tL�lAYaS ,INA J•''+ �� `• i - �1 �! !,•":hai�l7i; Q"iii' ?N' � k,^,fitTl[II q f! m J ! t _ T r O 71\ Z � a � z � m m r O 71\ r m n � 3 0 G� Z c it o y C) C X Z 9 7� d c+� rr•.1 w11,Ir 1 ............... fi..l 1 FSI AM" IlINVA', 11ME9 3RD ADDITION �.'�w:":� +"r "11"�••»" wrnvlee�.+G. HE ! !r 6 Pnpprd hr: SICIMA A fl-Inr- C; lnll ADDI I ION 'AL Pnpprd hr: SICIMA Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 BLACRBAWR ACRES 3RD ADDITION - LES DUOOB i ASSOCIATES Chairman Pawlenty opened the public hearing regarding a preliminary plat for 14 townhouse lots on 2.1 acres of Townhouse Residential zoned land located on the southeast quartereof Section 1st side of 7bin Lane, west of Blackhawk Road in City Planner Jim Sturm summarized the applicationfor the the Commission. Wayne Cordes (representative for developer) presented proposal and informed the Commission he was available for questions. John Westley, 1747 Bluebill, stated it was a commendable plan as it preserved the wooded area. He requested a buffer between the property. He had concerns regarding erosion and liability regarding the retaining walls. Assistant City Engineer Mike Foertsch explained that he was unaware of any retaining wall problem. The developer responded that he felt it was a realistic concern but that a fence could be installed by the neighboring association. Commissionmember Miller stated he felt the fence should be installed by the other association and that it should be required as part of this application. Commissionmember Voracek explained he would prefer a hedge rather than a fence. Commissionmember Miller recommended the addition of a condition requiring the developer to provide a limited visibility fence. There was further discussion regarding the fence. Commissionmember Markley had questions regarding the parking. Mr. Cordes explained the parking. Mr. Markley felt there was not enough visitor parking. Chairman Pawlenty had concerns regarding erosion problems. Mr. Foertsch explained that the City staff would monitor the matter. Commissionmember Gorman asked if there were any alternatives to the design. Mr. Foertsch stated there were not alternatives with the existing site features. Commissionmember Markley questioned if the parking could be changed to provide more spaces. Mr. Cordes stated it was possible. Commissionmember Voracek felt the parking was not relevant. Commissionmember Miller agreed. There was further discussion regarding the parking. Commissionmember Markley requested that the minutes specifically reflect the concern over the parking. Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 Miller moved, Voracek seconded, the motion to close the public hearing and approve a preliminary plat for 14 townhouse lots on 2.1 acres of Townhouse Residential zoned land located on the west side of Robin Lane, west requestedc bywLesRDuoosi& Associates�,esubjectrtorthe Section 17, � following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: A1, B1, C1, C2, C4, C5, D1, E1, F1 and G1. 2. Easements will be required on the water and sewer lines which serve the development 3. The development is required to submit detailed plans and specifications for the proposed retaining wall for City staff review and comment prior to final plat. 4. The development is required to provide limited visibility fencing. 5. The development is required to provide a suitable barrier along the edge of the border for safety reasons due to the retaining walls, as required by staff. All voted in favor. WEST PUBLISHING COMPANY - CONDITIONAL USE PERMIT Chairma Pawlenty convened the public hearing rggardThg a conditional use I it to allow a radio tower in a Industrial district located on 1, Block 2, West P ing 2nd Addition north of Wescott Road an est of H' y 149 n the southeast quarter of Section 13. City Planner Jim Stu ntroduced the ter to the Commission. Steve Bryant (represe Ive for West Publishing cribed the radio tower. Cynth' Ellis informed the Commission she was an area re nt and o ' cted to the tower for aesthetic reasons. �s Agenda Information Memo January 4, 1990 City Council Meeting CONDITIONAL USE PERhW-MST PUBLISHING COMPAMMADIO TOWER D. Conditional Use Permit, West Publishing Company, to Allow a Radio Tower in a LI (Light Industrial) District Looted on Lot 1, Block 2, West Publishing 2nd Addition, North of Wescott Road and West of Highway 149 in the Southeast 1/4 of Section 13--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on December 21, 1989 to consider an application submitted by West Publishing Company for a conditional use permit for a 75 foot tall microwave communication antenna. The APC is recommending approval of the conditional use permit. For additional information on this item, refer to a staff report prepared the Community Development Department which is enclosed on pa es 7 I through U. For a copy of the APC action on this item, refer to pages through A .. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow a 75 foot tall microwave communication antenna in a light industrial district. uric SUBJECT: CONDITIONAL USE PERMIT APPLICANT: WEST PUBLISHING COMPANY LOCATION: 3773 HIGHWAY 149 (SE 1/4 SECTION 13) EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: DECEMBER 21, 1989 DATE OF REPORT: DECEMBER 11, 989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: This application is for a Conditional Use Permit to allow a 75' tall microwave communication antenna. COMMENTS: Section 4.50, Subd. 2 Conditional Use of the City Code states the following: No TV or radio antenna supporting tower shall exceed a height of 1001, or the distance to the nearest property line, whichever is less, measured from the base of the tower to the highest point of the tower, without a variance. The applicant is requesting a tower of 751, well under the 100' maximum allowed height. The nearest property line to the proposed tower location is over 400' away. The purpose for the tower is to connect the West Publishing Eagan facility to the company's St. Paul operation. Since the proposed tower will use microwave transmissions, surrounding television and radio reception will not be affected. If approved, this Conditional Use Permit should be subject to all applicable Ordinances. INK." OF NW NE I t s SN ccall r, 'VAL 17/ L31 6A .X UNDERONSTRUCTION @"=WAVE Com"Mch"m IFOWSPI EXISTING Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 211 1989 Miller moved, Voracek seconded, the motion to close the public hearing and approve a preliminary plat for 14 townhouse lots on 2.1 acres of Townhouse Residential zoned land located on the west side of Robin Lane, west of Blackhawk Road in the southeast quarter of Section 17, as requested by Les Duoos & Associates, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, Cl, C2, C4, C5, D1, E1, F1 and G1. 2. Easements will be required on the water and sewer lines which serve the development 3. The development is required to submit detailed plans and specifications for the proposed retaining wall for City staff review and comment prior to final plat. 4. The development is required to provide limited visibility fencing. 5. The development is required to provide a suitable barrier along the edge of the border for safety reasons due to the retaining walls, as required by staff. All voted in favor. WEST PUBLISHING COMPANY - CONDITIONAL USE PERMIT Chairman Pawlenty convened the public hearing regarding a conditional use permit to allow a radio tower in a Light Industrial district located on Lot 11 Block 21 West Publishing 2nd Addition north of Wescott Road and west of Highway 149 in the southeast quarter of Section 13. City Planner Jim Sturm introduced the matter to the Commission. Steve Bryant (representative for West Publishing) described the radio tower. Cynthia Ellis informed the Commission she was an area resident and objected to the tower for aesthetic reasons. Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 Chairman Pawlenty questioned the notification process. City Planner Jim Sturm stated that Code requested notification of residents within 350 feet. City Attorney Mike Dougherty explained the statutory notice procedure. Chairman Pawlenty felt the notice radius should be expanded. Commissionmember Gorman asked if there were any alternatives to the application. Mr. Bryant stated there were no alternatives. John Marshalla, Windtree Drive, expressed his concerns. Dick Chobin questioned if there was the possibility of using satellites. The developer responded negatively. Miller moved, Graves seconded, the motion to close the public hearing and approve a conditional use permit to allow a radio tower in a Light Industrial district located on Lot 1, Block 2, West Publishing 2nd Addition north of Wescott Road and west of Highway 149 in the southeast quarter of Section 13, subject to all applicable ordinances. All voted in favor. WEST PUBLISHING COMPANY 4TH ADDITION - WEST PUBLISHING COMPANY Cha' man Pawlenty convened the last public hearing for t evening arding a Comprehensive Guide Plan amendment changin he guided uses rom D -III, D -II and D -I to Industrial, a armed Development am dment and a rezoning from Agricultura , Roadside Business, Double esidential and Multiple Family idential to Planned Development Light Industrial and a re ary plat for six lots and one outlot approximately 208 es located in the southeast corner of the 'ntersection of rene and Yankee Doodle Roads on the west side of St a Highway 4 n Section 13. City Planner Jim Sturm pres d the application summary to the Commission. He informed the Co si that staff did not support the County relocation of the acc off of kee Doodle. He reviewed the issues that were raised in a neighborhoo eeting. Steve Bryant re rted that the plan wa a result of a City request. He gave a history of the site. He ted that West was displaying th maximum envisioned development. He _urther detailed the develo nt proposal. He proposed a 300 foot buff zone between the it and the neighboring residential area and inted out addit' al vegetation would be added to the berm to ince ase the scr ninq. He explained that the EIS must be approved efore KD Agenda Information Memo January 4, 1990 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENTIPLANNED DEVELOPMENT AMENDMENT' REZONINGIPRELIMINARY PLAT1'WEST PUBLISHING COMPANY 4TH E. Comprehensive Guide Plan Amendment, West Publishing Company 4th Addition/West Publishing Company, Changing the Guided Uses from D -III (Mixed Residential, 6-12 Units/Acre), D -II (Mixed Residential, 0-6 Units/Acre) and D-1 (Single Family, 0-3 Units/Acre) to Industrial, a Planned Development Amendment and a Rezoning from A (Agricultural), RB (Roadside Business), R-2 (Double Residential), and R4 (Multiple Family Residential) to PD -LI (Planned Development -Light Industrial) and a Preliminary Plat for Six Lots and One Outlot on Approximately 208 Acres Located in the Southeast Corner of Intersection of Elrene and Yankee Doodle Roads on the West Side of State Highway 149 in Section 13--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on December 21, 1989 to consider separate applications requesting a Comprehensive Guide Plan Amendment, a Planned Development Amendment, a rezoning, and a preliminary plat for the West Publishing 4th Addition. The APC is recommending approval of all the preceding applications. For additional information on this item, please refer to a copy of a report prepared by the Department of Community Development enclosed on pages P�rough (�Y For a copy of the APC action regarding this item, refer to pages L3 through -a This item is being considered by the Advisory Parks and Recreation Commission at their meeting on January 4, 1990. Any approval given to this item should be subject to any additional action/conditions as imposed by the ARPC at their January 4, 1990 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a Comprehensive Guide Plan Amendment, a Planned Development Amendment, a rezoning, and a preliminary plat for West Publishing Company 4th Addition, subject to any additional action/recommendations of the ARPC at the January 4, 1990 meeting. CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, PLANNED DEVELOPMENT AMENDMENT, REZONING, AND PRELIMINARY PLAT FOR WEST PUBLISHING 4TH ADDITION APPLICANT: WEST PUBLISHING COMPANY LOCATION: SECTION 13 EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: DECEMBER 211 1989 DATE OF REPORT: DECEMBER 14, 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment, a Planned Development Amendment, a Rezoning, and a Preliminary Plat for the West Publishing 4th Addition. This plat encompasses approximately 208 acres of the 425 -acre Gopher Eagan Planned Development that was initiated in 1976 for a fifteen -year period with the possibility of two five-year extensions. In 1987, West Publishing purchased all of the Gopher Eagan property southeast of Yankee Doodle Road and Elrene Road except for the twenty -acre concrete recycling area (the southwest corner of Yankee Doodle Road and Highway 149) approved by the City in July, 1989 . A new Planned Development Agreement will be entered into as a result of this project entitled, "West Publishing Planned Development." COMPREHENSIVE PLAN: The project site is currently designated for D -I (single-family residential, 0 to 3 units per acre), D -II (mixed residential, 6 to 12 units per acre) in the Comprehensive Land Use Guide Plan. The proposed West Publishing Company project would be consistent with an IND (industrial) designation. As such, a Comprehensive Guide Plan Amendment to change the land use designation from D -I, D -II, D -III to IND is necessary. The IND designation, although compatible with the adjacent industrial uses to the north, east, and southeast, would be incompatible with the adjacent single-family residential uses to the west and south and the park to the south. Prudent buffering measures will be required of this project in order to ensure appropriate transitions between the proposed IND development and the residential and park uses to the west and south. EXISTING CONDITIONS: The following is a break -down of the existing zonings/parcels of land associated with this project. Zoning Area Comments Li (light West Publishing 3rd Contains approx. industrial) (approx. 73 acres) 1.3 million square feet of office and manufacturing warehouse facilities Ag (agricultural) Unplatted area; Located between the approx. 11 acres 2nd and 3rd additions; used primarily for parking for both West buildings PD Li (light West Publishing Contains the industrial) 3rd; approx. 15 116,000 -square -foot acres computer center currently under construction PD PK (parks) Unplatted; approx. Northern k of 17 acres of City Wescott Station property Park PD RB (roadside Unplatted; approx. Located at the SE business 15 acres intersection of Elrene and Yankee Doodle Roads PD R-2 (double) Unplatted; approx. Located along 15 acres Elrene Road PD R-4 (multiple) Unplatted; approx. Located along 16 acres Elrene Road abutting the Windtree additions on the south PD Li (light Unplatted; approx. The security guard industrial) 112 acres house was relocated on this parcel along Highway 149 with the 3rd addition PF (public Unplatted; approx. Contains a water facilities) 3 acres owned -by reservoir along the City of Eagan Yankee Doodle Road V3 This large, undeveloped tract of land varies from low-lying wetlands to open grassland, and farming areas to dense tree and brush cover. The tree cover along the west and southern property lines create a natural buffer to the adjacent residential areas. PROJECT SCOPE: The master plan is intended to serve West Publishing's expansion needs well into the 21st century by increasing the gross development square footage from the existing approximately 1.35 million square feet to approximately 3.8 million square feet. This includes: 960,000 square feet of office use 740,000 square feet of warehouse and storage (indoor) 700,000 square feet of manufacturing 600,000 square feet of enclosed parking The rapidly changing technology and uncertainty of space requirements make it difficult to develop detailed site plans for each lot; however, the master plan provides flexibility on each lot as far as building locations go, and the buildings (especially the future manufacturing warehouse) may be constructed in phases as the current facility was. Programmed and potential future development is as follows: Years 1990 1990 - 2000 Beyond 2000 (future development) Total Square Footage Parking 1,358,000 sq. ft. 1,300 spaces (existing (existing) development) 1,560,000 sq. ft. 3,300 spaces (programmed (programmed development) parking) 900,000 sq. ft. 1,750 spaces (future parking) The detailed lot analysis is as follows: Lot 11 2nd Addition, and Lot 11 4th Addition 110.52 acres of existing building area 1,358,000 square feet of existing parking (1,300 spaces) Lot 11 4th Addition Lot area: 40.14 acres Proposed six -story office: 700,000 square feet Usable floor area: 600,000 square feet Inside storage: 40,000 square feet Below grade parking: 60,000 square feet Parking provided: 2,050 spaces Surface: 1,850 Enclosed: 200 Lot 21 4th Addition Lot area: 48.44 acres Proposed development: security guard residence and manufacturing warehouse of 800,000 square feet Parking provided: 1,050 spaces Lot 3, 4th Addition Lot area: 3.21 acres Existing use: City of Eagan water tower (with a proposed access from West Drive) Lot 41 4th Addition Lot area: 7.8 acres Proposed development: office/computer (backup -type) center of 60,000 square feet Parking: 200 spaces Lot 51 4th Addition Future lot area (gross) 82.9 acres Buildable lot area: 59 acres (area excluding the buffer strip, steep slopes, major wetland areas, and storm water ponding areas) Proposed development: 900,000 square feet (300,000 square feet of office and 600,000 square feet of manufactur- ing/warehouse Parking: 750 spaces Lot 61 4th Addition Lot area: 4.27 acres Proposed use: security residence for the facility manager Outlot A, 4th Addition Lot area: 17.01 acres; Wescott Station Park YSOO- PHASE I: 1990-1995 0 Construct a 6 -story office building connecting the computer center currently under construction and the main office manufacturing warehouse facility. 0 Reconfigure the existing parking lot areas and entrance form Highway 149. 0 Construct a four -lane private road, West Drive, and new main entry from Highway 149. 0 Construct 1,850 new surface parking areas. 0 Construct the facility manager's residence on Lot 6 along Elrene Road. 0 Construct a 60,000 sq. ft. backup office computer facility along Yankee Doodle Road. 0 Construct a new water tower access from West Drive. PHASE II: 1995-2000 0 Construct 800,000 sq. ft. manufacturing warehouse facility. 0 Complete West Drive from the Phase I terminus north to Yankee Doodle Road. 0 Construct 1,050 parking spaces. PHASE III: 2000-2010 0 Develop access to Lot 5 from West Drive. 0 Construct up to 900,000 sq. ft. of building; 300,000 sq. ft. of office space, 600,000 sq. ft. of manufacturing/warehouse. 0 Construct 1,750 surface parking spaces. 0 Augment existing landscape buffer with berming and additional plantings. The third phase area, or Lot 5, is the most undefined at this time and reasonably so. However, only office, manufacturing and warehousing uses should be allowed architecturally consistent with other buildings in the West Planned Development. This will eliminate the potential for other less desirable uses in the Light Industrial zoning classification. West is also proposing a 150 ft. (no build) buffer strip along Elrene Road that will include additional plantings when development occurs. The existing dense woods will not be disturbed. The major access to the site will be provided by West Drive looping from Yankee Doodle Road to Highway 149 at Becker Road. The County Plat Commission has required that West Drive be shifted to the west approximately 200' to line up with the division of two Outlots on the north side of Yankee Doodle Road. This would place West Drive on City property and from a grading standpoint, it would create the need of a retaining wall at least 25' tall and the possible relocation of the Williams Brothers Pipeline. ENVIRONMENTAL ISSUES Before any further development occurs, an Environmental Impact Statement (EIS) must be prepared. This lengthy process has already been initiated by West Publishing. All other necessary environmental permits must be obtained prior to any future development. The overall landscape plan is well done. A mixture of overstory understory and coniferous materials is proposed in a way that will create a campus -like style. An effort to save as many mature trees for screening purposes has also been demonstrated. GRADING/DRAINAGEfEROSION CONTROL: This development incorporates a section of land with considerable variations in topography and elevation with the maximum differential of approximately 1001. The proposed grading plan shows grading on Lots 1, 2, 3, 4 and a minimal amount of grading of Lot 5. The maximum cut is 45' along the south edge of the tower site, and the maximum fill is 15' along the east side of the site. The majority of the development will direct its surface water runoff to a proposed storm sewer system and ponding system in the center of the site and in the Wescott Station Park. The ponds in this system include Ponds JP -16, JP -17, JP -18 and a new pond on the West Publishing site located north of Pond JP -16. The developer has submitted a petition to the City to provide for an outlet for these ponds as a part of the West Publishing 3rd Addition development. The outlet for these ponds is proposed to be constructed under City of Eagan Project #585. The outlet for these ponds is proposed to drain to Pond JP -33 which is in the Woodlands Addition. Attached is a copy of a memo from Ismael Martinez of Bonestroo regarding a storm drainage review for West Publishing 3rd Addition and the water quality impacts to Ponds JP -16, JP -17 and JP -18. Also, attached is a memo from Steve Sullivan, City of Eagan Parks Planner regarding pond impact analysis of Ponds JP -16, JP -17 and JP -18 with respect to the City's Wescott Station Park. The northwest section of the site is proposed to drain to a new pond along the east side of Elrene Road. This pond shall be designated as JP -14A. The outlet for Pond JP -14A will need to be constructed and the runoff shall be conveyed to Pond JP -14. The design of Pond JP -14A shall meet the City's requirements for water quality improvements. The northeast corner of the site is proposed to drain through a new storm sewer system to the east to an existing storm sewer along the east side of Highway #149. The existing storm sewer is a 42" line that heads easterly and then northerly through the U.P.S. site to Pond GP -5. The design of the U.P.S. storm sewer system was based on 41 acres of R-4 type zoning contributing to it from the drainage area west of Highway 149. Based on the different type of land use for the West Publishing site, the area draining to the existing 42" line from West Publishing will need to be reduced from what is shown on the Preliminary Utility Plan. The 42" storm sewer was only extended to the east right-of-way line of Highway 149. The West Publishing development will need to extend storm sewer across Highway 149 and the railroad tracks to connect to that system. Pond GP -5 currently does not have an outlet, and, if a substantial area of West Publishing were to drain to it, the wet storage volume of Pond GP -5 would need to be increased for water quality purposes. Staff recommends that the area of West Publishing draining to the U.P.S. storm sewer system be reduced and instead drain to the new West Publishing pond. No erosion and sediment control plan was submitted for staff review and comments. Erosion control measures will be required in accordance with the City's Erosion Control Manual. The grading plan proposes to construct a 10' to 20' high retaining wall along the north property line of Lot 2. The final plat submittal will need to have detailed plans of the retaining wall. UTILITIES: Sanitary sewer of sufficient size, capacity and elevation is immediately available within Trunk Highway 149 to the east and Elrene Road to the west. The preliminary utility plan proposes to serve Lots 1 and 2 with a sanitary sewer system that will connect to the existing 15" MWCC owned trunk sanitary sewer line in Trunk Highway 149. The existing 15" trunk sanitary sewer appears to have sufficient capacity for the proposed development. Lots 4, 5, and 6 are proposed to be served from the sanitary sewer line on Elrene Road. Water main of adequate size, pressure and capacity is readily available along Trunk Highway 149, Yankee Doodle Road and Elrene Road. The layout as shown on the preliminary utility plan proposes to connect to the existing private water main system of West Publishing to the south and then looping to the north to the existing 24" water main on Yankee Doodle Road. Also, connections are proposed to be made to the existing 16" water main on Trunk Highway 149 and the existing 16" water main on Elrene Road. The utility plan also shows a loop of the water main system around the future building on Lot 2 to provide adequate fire protection. STREETS/ACCESS/CIRCULATION: This development proposes to construct a 4 lane 52' wide private street from Highway 149 at the intersection of Becker Road to the west and to the north to Yankee Doodle Road. The proposed parking lots on Lots 1 and 2 shall feed into the 4 lane private street. The design of the streets and parking lots shall meet the standards set by City Code and Ordinance at the time of final plat or building permit issuance. The developer proposes to provide an alternative access to the City's water tower site on Lot 3. The design of the new access shall meet the City's maximum street grade requirement of a 10% slope. The street opening widths and locations of the proposed streets shall meet the guidelines set by Dakota County and MnDot at the connections onto Yankee Doodle Road and Highway 149. EASEMENTS IRIGHT-OF-WAY/PERMITS: Standard 10' drainage and utility easements will be required around the outside of the plat. In addition, adequate easements for ponding shall be conveyed to the City for the proposed ponds. A permanent drainage and utility easement shall be conveyed to the City for the proposed pond outlet pipe to be constructed under Project #585. The developer will be responsible for obtaining the necessary right-of-way for constructing the proposed 4 lane street through the exception north of Lot 2 up to Yankee Doodle Road. This development shall be responsible for ensuring that all regulatory agency permits (MPGA, MWCC, Department of Health, Dakota County, MnDot and railroad) are acquired prior to final plat approval. Financial obligation - West Publisbing 4th Based upon the results of the study performed on the charges collected in the past, the following charges are proposed for consideration. The charges are computed using the 1990 rates and the quantities or areas determined from the information available. No allowance was given for storm sewer ponding areas; however, allowance will be given if ponding easements are dedicated with the plat. Improvement Proj # Rate Qty Amount Lateral benefit 58-3 & 58-4 $23.89/ff 5796.93ff $135,532 water trunk Lateral benefit 58-3 & 58-4 16.58/ff 3148.68ff 52,1]1 sanitary sewer trunk Storm sewer trunk Future .083/sf 7,387,187sf1 613,136 Water availability 538 2285/A 11A 25.135 charge West Publishing Portion $825,914 Storm sewer trunk Future .056/sf 880,817sf1 49,326 City of Eagan Grand Total Financial Obligation 49,326 75 240 -No credit given for pending areas. Credit given if ponding areas are dedicated as part of the plat. WEST PUBLISHING PLANNED DEVELOPMENT CONDITIONS 1. The West Publishing Planned Development shall be approved for a 15 -year period with two five-year extension periods. 2. A Planned Development Agreement shall be prepared prior to the final plat of the West Publishing 4th Addition. 3. Only office, manufacturing and warehousing facilities shall be permitted architecturally consistent with the existing West buildings. 4. No outside storage shall be permitted. All trash and recycling areas shall be contained within the buildings. 5. A 150' buffer (no build strip) along Elrene Road shall be maintained. 6. This approval is conditional on meeting all requirements of the Environmental Review Process in accordance with Minnesota Rules, Parts 4410.0200 through 4410.7800. Qr PRELIMINARY PLAT CONDITIONS FOR WEST PUBLISHING 4TH ADDITION 1. These standard plat conditions shall be adhered to: Al, B1, B2, B3, B4, C1, C2, C3, C4, C5, D1, E1, F1, and G1. 2. This approval is conditional on meeting all requirements of the Environmental Review Process in accordance with Mn. Rules Parts 4410.0200 through 4410.7800. 17z STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment 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 Rights -of -Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 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 and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff 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. (T 5 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not release 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 design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits I. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks 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. other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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The review analyzed the overall performance of the system during a 100 year storm, it also addressed Water Quality impact to the pond system adjacent to the proposed development. During this review several alternatives related to storm management and water quality impact of ponds JP -16, 17 & 18 were considered. This memo contains the final results and best conditions for the overall system in order to comply with the city's Storm Sewer Comprehensive Plan and the parameters addressed in the City's draft of the Water Quality Plan. The approach for the review was based on the recommendatioils and concerns expressed in the October 27, 1989 memo presented by Stephen Sullivan of the Parks and Recreation Department at our meeting with City Staff, Parks, West Publishing, and BRW, In October 30, 1989. A copy of that memo is attached. Also enclosed you will find a sketch showing the alignments recommended for the proposed storm sewer pipes. Pond JP -18 The best alternative requires the proposed storm drainage outlet at catch basin 7 to discharge to pond JP -18. Catch basin 7 is part of the storm sewer that serves the proposed professional center area. The final parameters for pond JP -18 are: NWL=864.0 Direct drainage area 110 Acr. IIWL=870.2 Storage Volume 36.3 Ac -F Q= 1.3 cfs Pond empty times Time Elevation 3 days 869.11, 6 days 868.0 10 days 866.0 The NWL at elevation 864 creates 8.8 Ac -F of wet volume for water quality purposes. This NWL will also enhance the aesthetics by providing a more permanent body of water. (the actual pond consists of two depressions mostly dry.) Phosphorus parameters for this pond are: Phosphorus load (lbs/yr) Inflow= 311.0 Outflow= 122.0 Phosphorus conc. (PPB) Inflow= 650.0 Outflow= 255.0 Phosphorus removal Pond 60.7 % During a phone conversation with Steve Sullivan of the parks department we recommended plant vegetation around this pond at elevations higher than 869.2, so that when a 100 year storm occurs the impact to vegetation below elevation 869.2 will not affect the aesthetics of the park. Pond JP -17 This pond is the lowest pond of the three ponds and will be implemented with a lift station for an outlet. Due to the existing characteristics of the surrounding vegetation and the recommendations given in Sullivan's memo this pond will have as little direct drainage area as possible. The parameters for this pond are: NWL= 858.0 Direct drainage area 22 Acr. Total- 1.32 HWL= 863.0 Storage Volume 10.8 Ac -F Q= 1.3 cfs (This pond will require a lift station.) This pond has a small water level bounce but the water levels after any storm will have the tendency to remain for extended periods of time. After a 100 year storm the water level can be expected to drop to elevation 859.0 only after 15 days of operation. The NWL at elevation 858.0 creates 1.8 Ac -F of wet volume which results in the following Phosphorus parameters. Phosphorus Load (lbs/yr) Inflow= 128.0 Outflow= 97.0 Phosphorus conc. (PPB) Inflow= 263.0 Outflow- 198.0 Phosphorus removal Pond 29.5 % Total 69.5 % As recommended in Sullivan's memo " trees and shrubs located below the 858.0 elevation should be removed ". Pond JP -16 This pond is the final outlet of the system. For this pond It was assumed that the existing low land located outside the park to the north in West Publishing property, will be developed as a ponding area. This {gond is being referred as to " West Publishing pond " in this memo. The storm sewer pipe servicing the parking lot in the proposed professional center will have to be designed to allow small intensity flows to discharge into the West [publishing pond in order to improve the water quality of pond JP -16. Manhole 9 is located north of pond JP -17 and is part of the system that drains the parking lot servicing the proposed professional center. At this manhole or at any upstream point the flow should be diverted by means of two pipes. A lower pipe to divert low intensity flows to the West Publishing pond and a higher pipe to allow flows during severe storm events to flow directly into JP --16. This diversion is necessary for water quality and for storm water purposes. The diversion should allow 40 % of the pipe design capacity (five year storm event) to flow through the low pipe to the West Publishing Pond. This capacity should consider surcharging effects in the pipe. Parameters for this pond are as follows: NWL= 875.0 Direct drainage area 29 Acr. Total= 200 Acr. HWL= 879.0 Storage volume 10.0 Ac -F Q= 6.2 cfs The NWL at elevation 875.0 allows 3.6 Ac -F of wet volume. The water quality parameters are as follows: Phosphorus Load (lbs/yr) Inflow= 189.0 Outflow= 140.0 Phosphorus conc. (PPB) Inflow= 1,50.0 Outflow= 185.0 Phosphorus removal Pond 26 sA Total 71.5 % West Publishing Pond This pond is located in the West Publishing property and was considered as part of the systum for design purposes. This pond will serve for detention, sedimentation, and for nutrient removal. Basically this pond will receive low flows from parking lots of West Publishing to protect the water quality as much as possible in pond JP -16. NWL= 881.0 Direct drainage area 39 Acr. HWL= 883.0 Storage volume 7.8 Ac: -F Q= 4.0 cfs The NWL at elevation 881.0 allows 6.6 Ac -F of wet volume. The water quality parameters for this pond are as follows: Phosphorus Load (lbs/yr) Inflow= 125.0 Outflow= 42.0 Phosphorus conc. (PPB) Inflow= 650.0 Outflow= 218.0 Phosphorus removal Pond 66 % If you have any comment please give me a call. i, I a � I• a ;:..� �r .,.•,t 11 �. 96 77 ♦ f lj./ ,•far. �1 H ��.Y. . • , i �a=i-o �:{ .r�.� ,�' ; p'r, `i,-i � � ,i... i'' , , � /, .r' � r� ��'^\.. • � Iii` � , ��, � , = =_" _ • �• ai'e s j= ' t S, !'sl;./ ' >< • , a // I : ! J. • J•\ axr� r '•r . r - - - op .ii `/- 1 �InA• +• 4.•S., iii '. 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John Wingard, John VonDeLinde and myself have inspected these ponds since the staking on two occasions. This memorandum reflects our analysis and recommendations for providing compatible ponding within Wescott Station Park. ANALYSIS Pond JP -16: Pond JP -16 is located within the northwest portion of Wescott Station Park. Approximately one-half of the pond is located on property owned by West Publishing. According to the Comprehensive Storm Sewer Plan the normal water elevation is 874.7 with a high water elevation of 879.1. Bonestroo, Rosene, Anderlik & Associates provided staking at a 876.0 elevation. This deviation from the proposed normal water level has not been substantiated by Bonestroo, Rosene and Anderlik & Associates. The basin is currently dry with an apparent open water area located centrally. Cattails and transitional grassland vegetation edge the basin's perimeter. The normal water level as evaluated by terrestrial to aquatic vegetation is at the 875.0 elevation. The north and east pond perimeter is void of "significant vegetation". The west pond parameter is characterized by scattered woodlands with both significant and secondary plant material. The proposed 879.1 high water level would inundate 6/18-24" Red Oaks located above the 874.7 normal water elevation. A significant Red Oak woods begins at the 880.0 elevation. The south perimeter of the pond is characterized ' by a grove 35' X 100' of quaking aspen. The staked 876.0 elevation was 5' horizontally into the tree mass. The proposed 874.7 normal water elevation would not inundate the aspen woodland. Two (2) 30" Red Oaks at a 878-880 elevation are located within the southeast pond edge. These trees would be influenced by the proposed high water level. �Vo WESCOTT STATION PARK PAGE TWO OCTOBER 27, 1989 POND JP -17 Pond JP -17 is located within the northeast portion of Wescott Station Park. According to the Comprehensive Storm Sewer Plan the normal water elevation is set at 858.0, with a proposed high water elevation of 871.0. Bonestroo, Rosene & Anderlik & Associates provided staking at an 860.0 elevation to reflect a 2' increase from the proposed 858.0 normal water elevation. The basin is currently dry with an apparent open water area located within the western end of the pond. The basin has a significant number of trees below the proposed 858.0 normal water elevation. The vegetation type is typically Cottonwoods, Elm, Cherry and Willow. The east pond edge is open with scattered shrubs. The north and south pond perimeter is of secondary growth. The west basin edge is a mix of both hardwoods and secondary type trees. One 30" Red Oak is located at a 858.0 elevation, another 24" Red Oak is located at the 860.0 elevation. The hardwood vegetation of primarily Red Oaks began at the 863.0 elevation. POND JP -18 Pond JP -18 is located within the southern portion of Wescott Station Park. A small portion of the basin is located on both the adjacent residential and West Publishing property. According to the Comprehensive Storm Sewer Plan the normal water elevation is 860.0 with a high water elevation of 871.0. Bonestroo, Rosene, Anderlik & Associates provided staking at the 862.0 elevation. This deviation from the proposed normal water level has not been substantiated by Bonestroo. The basin is currently dry with apparent open water areas located to the south and east. The watershed is characterized by two basins which appear to have a high point located between them. The basin is not influenced by any significant woody plant material. The vegetation is primarily cattails and transitional type grasses. The normal water level as indicated by the aquatic to terrestrial plant material is at the 862.0 elevation. RECOMMENDATIONS: Pond JP -16 o Based on the terrestrial/aquatic vegetation transition the normal water elevation should be set at approximately 875.0. o A normal water elevation of 875.0 elevation would provide minimal wet volume. If wet volume is desired for nutrient trapping and sedimentation the pond could be deepened without significantly influencing the park function or wildlife. 0 The high water level should not exceed the 879.1 proposed elevation. �0 WESCOTT STATION PARK PAGE THREE OCTOBER 21, 1989 Pond JP -17 o Based on the terrestrial/aquatic vegetation transition the normal water elevation should be set at approximately 858.0. o A normal water level of 858.0 would provide minimal wet volume. If wet volume is desired for nutrient trapping and/or sedimentation the pond could be deepened without significantly influencing the park function or wildlife. o The high number of trees and shrubs located below the 858.0 normal water level should be removed with the storm sewer improvement. o The high water elevation should not exceed the 863.0 elevation due to the quality and quantity of significant trees which would be indicated. Pond JP -18 SS/bls o The.tijgh water elevation could be increased to an 862.0 elevation. This will provide additional water into the basin enhancing the wetland character and wildlife habitat. /A -u Hibhctc o The engineer should evaluate the connection of the two (2) separate ponding areas. o Modifying the basin to increase wet volume for nutrient trapping and sedimentation should not be considered. The deepening of the pond would negatively influence the parkland character. o The high water elevation should not exceed an 867.0 elevation. I ( 10000- Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 Chairman Pawlenty questioned the notification process. City Planner Jim Sturm stated that Code requested notification of residents within 350 feet. City Attorney Mike Dougherty explained the statutory notice procedure. Chairman Pawlenty felt the notice radius should be expanded. Commissionmember Gorman asked if there were any alternatives to the application. Mr. Bryant stated there were no alternatives. John Marshalla, Windtree Drive, expressed his concerns. Dick Chobin questioned if there was the possibility of using satellites. The developer responded negatively. Miller moved, Graves seconded, the motion to close the public hearing and approve a conditional use permit to allow a radio tower in a Light Industrial district located on Lot 1, Block 2, West Publishing 2nd Addition north of Wescott Road and west of Highway 149 in the southeast quarter of Section 13, subject to all applicable ordinances. All voted in favor. WEST PIIBLISHING COMPANY 4TH ADDITION - WEST PIIBLISHING COMPANY Chairman Pawlenty convened the last public hearing for the evening regarding a Comprehensive Guide Plan amendment changing the guided uses from D -III, D -II and D -I to Industrial, a Planned Development amendment and a rezoning from Agricultural, Roadside Business, Double Residential and Multiple Family Residential to Planned Development - Light Industrial and a preliminary plat for six lots and one outiot on approximately 208 acres located in the southeast corner of the intersection of Elrene and Yankee Doodle Roads on the west side of State Highway 49 in Section 13. City Planner Jim Sturm presented the application summary to the Commission. He informed the Commission that staff did not support the County relocation of the access off of Yankee Doodle. He reviewed the issues that were raised in the neighborhood meeting. Steve Bryant reported that the plan was a result of a City request. He gave a history of the site. He stated that West was displaying the maximum envisioned development. He further detailed the development proposal. He proposed a 300 foot buffer zone between the site and the neighboring residential area and pointed out additional vegetation would be added to the berm to increase the screening. He explained that the EIS must be approved before �l3 Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 building and explained that it was a lengthy process. He reported that West Publishing tried to be a good neighbor. Chairman Pawlenty commented that the swap of the zoning was a good tradeoff. Mr. Bryant addressed various citizen concerns. He reported that the lighting was necessary for security and that West was willing to work with the residents. Cynthia Ellis requested the Commission continue the matter to allow the neighbors to review the application. She had concerns regarding the berm and felt that there would be an adverse affect on the homes. Chairman Pawlenty pointed out that a Planned Development Agreement gives the City control. Community Development Director Dale Runkle reported that the matter could be moved to the January 16 Council meeting. John Atherton (developer) stated that he would object to the continuance to the January 16 Council meeting. He pointed out that West has very strict time constraints and that the development would be better for the community than a multi -family development. Laura Doyle, windtree, had concerns regarding the park. Mr. Bryant described the park improvements and pointed out that West had accepted every staff condition. Fred Hohenstein, South Hills Addition, had concerns regarding notice. He commended West for its plan but had concerns that once the land was rezoned, West would have control. City Attorney Mike Dougherty explained that a Planned Development Agreement would bind future owners of the land. He further explained the Planned Development process. John Marshalla had access concerns. He suggested waiting until the EIS was completed before the rezoning. He requested time for further neighborhood involvement. Chairman Pawlenty the necessity of balancing the City and the developer concerns and deciding and reviewing development proposals. City Attorney Mike Dougherty further explained the Planned Development process. Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 Miles Lindberg (BRW) detailed the EIS and EAW process. He explained that the final action would occur in May. City Planner Jim Sturm reviewed the staff conditions for the Lot 5 development. Tom Johnston, 3634 Windtree, commented that West Publishing had done positive things. He explained that his main concern was regarding the Light Industrial zoning. He recommended a height limitation to one story. Mr. Bryant reported that West would agree to reasonable restrictions. Richard Jagow had concerns regarding the view and height. Patty Dee, 3644 Ridge Wood, also had concerns regarding the view. She had further concerns regarding the size of the pond. She thanked West for the buffer. Cynthia Ellis requested she be heard and felt everything was acceptable if this was not the final action. Chairman Pawlenty suggested summarizing the proceedings and notifying the residents. Community Development Director Dale Runkle explained that staff did have such schedules to make available. Commissionmember Graves felt there was a need for height requirement agreements. Assistant City Engineer Mike Foertsch described the water purification method. Chairman Pawlenty had questions regarding the park time table. City Planner Jim Sturm pointed out that the process had begun. There was further discussion regarding park review. Commissionmember Miller welcomed West Publishing and stated he felt it was sensitive to the neighborhood concerns. Miller moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment changing the guided uses from D -III, D -II and D -I to Industrial on approximately 208 acres located in the southeast corner of the intersection of Elrene and Yankee Doodle Roads on the west side of State Highway 49 in Section 13, as requested by West Publishing Company for West Publishing 4th Addition. All voted in favor. Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 Miller moved, Merkley seconded, the motion approve a rezoning from Agricultural, Roadside Business, Double Residential and Multiple Family Residential to Planned Development - Light Industrial on approximately 208 acres located in the southeast corner of the intersection of Elrene and Yankee Doodle Roads on the west side to State Highway 49 in Section 130 as requested by West Publishing Company for the West Publishing Company 4th Addition, subject to the following conditions: 1. The West Publishing Planned Development shall be approved for a 15 -year period with two five-year extension periods. 2. A Planned Development Agreement hall be prepared prior to the final plat of the West Publishing 4th Addition. 3. Only office, manufacturing and warehousing facilities shall be permitted architecturally consistent with the existing West buildings 4. No outside storage shall be permitted. All trash and recycling areas shall be contained within the buildings. 5. A 150, buffer (no build strip) along Elrene Road shall be maintained. 6. This approval is conditional on meeting all requirements of the Environmental Review Process in accordance with Minnesota Rules, Parts 4410.0200 through 4410.7800. 7. This approval is conditioned on mutual agreements for height restrictions beyond the 150' buffer for Lot 5. All voted in favor. Miller moved, Graves seconded, the motion to approve a preliminary plat for six lots and one outlot on approximately 208 acres located in the southeast corner of the intersection of Elrene and Yankee Doodle Roads on the west side of State Highway 49 in Section 13, as requested by West Publishing Company for West Publishing Company 4th Addition, subject to the following conditions: Ili Page 14/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 1. These standard plat conditions shall be adhered to: Al, B1, B2, B3, B4, C1, C2, C3, C4, C5, D1, E1, F1 and G1. 2. This approval is conditional on meeting all requirements of the Environmental Review Process in accordance with Minnesota Rules Parts 4410.0200 through 4410.7800. 3. The development is obligated for its share of one-half the cost of upgrading Elrene Road to its ultimate design section in accordance with City policy requirements in effect at the time of the improvement. 4. The development shall direct all the site generated storm water runoff which is proposed to drain easterly across Trunk Highway 149 (approximately 31 acres) westerly to the proposed "West Publishing Pond" (Pond JP -16B) and proposed JP -14A, or the development is responsible for obtaining regulatory agency permits associated with crossing the railroad and the state highway as well as costs associated with acquisition of easements necessary for the outlot for Pond GP -5- 5. The development is required to submit detailed plans and specifications for the proposed retaining wall construction for City staff review prior to final plat approval. 6. The development is required to provide sufficient wet pond volume for water quality requirements and sufficient storage volume requirements for water quantity requirements to accommodate the additional area which was proposed to drain easterly to Pond GP -5 in accordance with City requirements. 7. The development and outlot for proposed Pond JP -14A located in the northwesterly portion of the development is required with any development in the drainage basin tributary to Pond JP -14A. All voted in favor. t(I Page 15/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 The Advisory Planning Commission recommended the access on Yankee Doodle not be moved. Commissionmember Graves commended the West Publishing plan and stated it was exciting. Commissionmember Merkley agreed. Commissionmember Voracek remarked it was the best quality Planned Development he had seen. Chairman Pawlenty informed the Commission, staff and public that he had enjoyed serving on the Advisory Planning Commission. Miller moved, Voracek seconded, the motion to adjourn the meeting of the December 21, 1989 Advisory Planning Commission at 12:00 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission � t�