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03/06/1990 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING MARCH 9, 1990 6:30 P.M. I. 6:30 - ROLL CALL A PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) 111. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PUBLIC WORKS DEPARTMENT 1. Consider Request for Traffic Signal at High Site Drive and Pilot Knob Road (Unisys Corp) IV. 6:55 - CONSENT AGENDA (PINI) A. PERSONNEL ITEMS �j B. LICENSE, Plumbers C. CORRECTION, Special City Council Minuted, September 13, i988 r D. LICENSE, Amusement Device (American Amusement Arcade) at Eagan Athletic Club, 3330 Pilot Knob Road E. AGREEMENTS, County Traffic Signal (Cliff Road at Slater% Road and Beacon Hill Road `i F. PROJECT 590, Authorize Feasibility Report (South Pilot Knob Road - Streets and Utilities) f G. APPROVE Specifications/Authorize Advertisement for Bids (Public Works Front End Loader - Unit PUS) H. APPLICATION, Blue Bell Ice Cream to Operate ice Cream Trucks on City Streets, April i - October 1, 1990 I. PROJECT 591, Receive Petition/Authoriza Feasibility Report (Tranby 1st Addition - Storm and Sanitary Sewer) J. PROJECT 592, Receive Petitlon/Authortio Feasibility Report (Wiimus Addition - Trunk Storm PSewer) C K CONTRACT 87-UU, Acknowledgement of Completion (R & 6 Addition - Water Main and Storm Seder) (l L CONTRACT 84-J, Acknowledgement of Completion (Oak CINE Addition - Streets and Utilities) i M. CONTRACT 85-E, Acknowledgement of Completion (Oak Cliff 2nd Addition - Streets and Utilities) (� N. CONTRACT 86-0, Acknowledgement of Completion (Oak Cliff 4th Addition -Streets and P' Utilities) V. 7:00 - PUBUC HEARINGS (SALMON) 13A. VACATE, Utility Easement, Lots 1 & 2, Block 2, Outlot C of Aahncliff 2nd Addition (4 B. VACATE, Utility Easement, Lots 2 & 3, Block i, CINE Lake Center VI. OLD BUSINESS (ORCHID) A. CONDITIONAL USE PERMIT, Xaviees Restaurant to Allow On -Sale Liquor In a CSC District P p B. LICENSE, On -Sale Liquor License Application, Xavier Incorporated Q! C. EXTENSION, Preliminary Plat for Autumn Ridge Addition �, Z VII. NEW BUSINESS (TAN) A. RESIGNATION, Greg Gappa from Eagan Airport Relations Committee ` �✓2B. ADJUSTMENTS, 1989 General Fund Budget and Miscellaneous Fund Transfers p -.C. EXTENSION, Preliminary Plat for Country Hollow 2nd Addition ((9 D. CONDITIONAL USE PERMIT, Federal Land Company, to Allow Automobile Rental Storage on Behalf of Agency Rent-A-Car WE. WAIVE Platting Requirement for Building Permit, LeRoy Chapdeiaine, F. COMPREHENSIVE GUIDE PLAN AMENDMENT A REZONING, Wilmus Addition, Independent Cv School District #196, from R-4 to PF (Public Facility) and a PRELIMINARY PLAT of One Lot and an Outlot on Approximately 18.2 Acres for 9n Elementary School, JOINT POWERS AGREEMENT for Development and Maintenance of the Park and School Site, Located Along the East Side of Johnny Cake Ridge Rd, South d h1Mley Rd in the NW 1/4 of Section 28 S G. REZONING & COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, of .63 R-3 (Townhouse) Acres to a PF (Public Facility) District for a Water Treatment Facility Located at _ the NE Intersection of Pilot Knob Rd and Cliff Rd In the SW 1/4 of Section 27 OUFi. CONDITIONAL USE PERMIT & VARIANCE, MN Public Radio, to Allow Radio Towers in an LI (Light Industrial) District Located West of Highway 13, North of Silver Bell Road In the South 1/2 of Section 18 1. REZONING, Diffley Cedar Planned Development, Kokk Properties, to Amend the Splashland PD to Allow a Mixed Use Mufti -Family Residential and Retail Development and a COMPREHENSIVE GUIDE PLAN AMENDMENT for Specification of Development within an Existing CPD Designation of Approximately 41 Acres Located In the Northwest Comer of the Intersection of Hwy 77 and Diffley Rd In the SW 1/4 of Section 19 VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCELMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 289 1990 SUBJECT: AGENDA INFORMATION FOR MARCH 62 1990 CITY COUNCIL MEETING After approval is given to the March 6, 1990 City Council agenda and regular action meeting minutes for the February 20, 1990 meeting and special City Council minutes for the February 13, 1990 meeting, the following items are in order for consideration. 0.t s r7 1.Ila ` A. PUBLIC WORKS DEPARTMENT Item 1. Consider Request For TraMc Signal At Highsite Drive & Pilot Knob Road (Unisys Corporation) --With the completion of the Unisys Marketing and Customer Services Building that was constructed under TIF, final cost accounting indicates approximately $889500 still remains to finance public improvements associated with this development. Originally, approximately $50,000 was allocated for Unisys participation in the construction of a traffic signal at one of its major entrances from Pilot Knob Road (County Road 31). The City and County collectively retained the services of a private consulting traffic engineer to evaluate the three intersections. The results of that study indicated that the intersection of Highsite Drive with Pilot Knob Road would be the best of the three alternatives to accommodate a signalization project and providing benefit to the existing and recent expansion on the Unisys property. However, although this particular intersection technically meets the warrants to justify the installation of a traffic signal, Dakota County has expressed a reluctance to install a traffic signal at an intersection where a definable hazardous situation exists. Therefore, in comparison to the priority of other hazardous intersections throughout the County, we have not been able to allocate the appropriate funding necessary to cover the County's share. With underruns in the public improvements associated with the TIF and deletion of the trailway adjacent to the Timberline Addition, sufficient dollars are available to finance not only the original Unisys share, but also the County's normal cost participation amount. Therefore, the Dakota County traffic engineer has indicated a willingness to present a formal request to the County Board of Commissioners indicating that it technically meets signalization warrants and that no County funding would be required. However, it has been emphasized that the introduction of a signalized intersection could introduce safety problems that previously have not existed. Taking these issues into concern, Unisys is still desirable of proceeding with the installation of this signal. Therefore, it is requested of the City Council to consider a formal request of Dakota County to initiate the installation of this signal. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny a formal request to Dakota County for the installation of a traffic signal on Pilot Knob Road (County Road 31) at Highsite Drive as soon as possible. 1 Agenda Information Memo March 6, 1990 City Council Meeting CQN, WA There are fourteen (14) 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 on under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS There: are no personnel items at this time. Agenda Information Memo March 6, 1990 City Council Meeting PLUMBERS LICENSES B. License, Plumbers -There are ten10) plumbers licenses that are in order for consideration. Enclosed on page is a list of those companies. All license applications have been reviewed, meet City Code regulations pertaining to the plumbing license requirements and are in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve all ten (10) plumbers licenses as presented. PLUMBERS LICENSE MARCH 6, 1990 1. AAA Abbott Plumbing & Heating 2. J. Baars Plumbing & Heating 3. Benke Plumbing, Inc. 4. McGuire & Sons Plumbing & Heating 5. McQuillan Brothers, Plumbing & Heating 6. Northrup Mechanical, Inc. 7. Olberg Construction 8. Scherer Plumbing 9. Widmer Inc. 10. Williams Plumbing & Heating Agenda Information Memo March 6, 1990 City Council Meeting CORRECTION/SPECIAL CITY COUNCIL MINUTES 10-13-88 C. Correction, Special City Council Minutes for September 13, 1988 --The minutes of the special meeting of the Eagan City Council held on September 13, 1988 make no reference to action that was taken to provide final ratification to the Comprehensive Guide Plan Amendment, Planned Development Agreement, rezoning and preliminary plat for Rahncliff Second Addition. After reviewing the packet that was prepared for City Council distribution for the September 13 special Council meeting, there was a specific reference in the packet that read as follows, "At the September 6 City Council meeting, this item was continued to allow the City Council to review the development agreement that was prepared and executed for the Rahncliff Second Addition Development. Presuming the development agreement is in order for consideration, the City Council will then act on the Comprehensive Guide Plan Amendment, Planned Development Agreement, rezoning and preliminary plat for Rahncliff Second Addition." All file documentation indicates that the action was ratified at the September 13 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To amend the minutes of a special meeting of the Eagan City Council on September 13, 1988 by including an item entitled "Final Ratification of a Planned Development Agreement, Comprehensive Guide Plan, Rezoning and Preliminary Plat for Rahncliff Second Addition" and further, that action was taken to approve these applications at the special City Council meeting of September 13, 1988. AMUSEMENT DEVISE LICENSWEAGAN ATHLETIC CLUB D. License, Amusement Devise (American Amusement Arcade) at Eagan Athletic Club- -American Amusement Arcade originally submitted an application for four (4) amusement devise licenses at Eagan Tennis and Athletic Club. Since the original application, two (2) machines have been removed for consideration. Amusement devise machines that are under consideration include Birdy King and Ms. PacMan. This application has been reviewed by the Police Department. They find no reason to deny the license. For a copy of the license application, refer to page G . ACTION TO BE CONSIDERED ON THIS ITEM: To approve an amusement devise license for American Amusement Arcade to locate two (2) amusement devise machines at Eagan Tennis and Athletic Club. AKJSDMC DEVICE AIATION FOR LICEZE CITY CF EAGAN S 8 3 0 PILDT MM ROAD EAGAN, KDNEBOTIA 55122 V\J i In 0a 1. Name of Applicant e t First �N 31 Res. Address ' r t ,gat St city . rrrss Address fi ��" t 2. Bzs 'reet d r' JjAmiqAII Name to p iter C', St Bars3ress Phone 544 -5200 34 Home place of Birth D'' 4. Date Of Birth " �"5C t of License: Individual • partnership � �y Cc.•�pcsation 5. 'type ,,�ion list name, title, home address and per, date of birth, 5. If P& trers._p or Co- .Co-pora Officer and director*n place of bi^th, of each pa=rtner, 'i 1 i""� r 7. Licensed Establishment f� N it d � Z4 - '? U CSG ate ip y $. Description of Business: _ Nme a*d A:-d•^ess of owner of Wises utAr`e device Is to be OQerated * Owner of d vice(s): fi f 10. Name Address o. 12:r '.- 'y 7 11. Have you ever been arrested or convicted f a or '31�A��'�8 Othe=' than a traffic offense: Yes 22. P r Araswent Device Lige (Continie list on Separate sh"t if necessary') Description Name of �et Fee K; roc � UT k V r f.A (ul a -n z s s= FOR CITY USE: Police Approval: Dated: signed City Council: Dated: signed Agenda Information Memo March 6, 1990, City Council Meeting COUNTY TRAFFIC SIGNALS CLIFF RD P SLATER'S RD & BEACON HILL RD E. Approve County Traffic Signal Agreements (Cliff Road @ Slater's Road & Beacon Hill Road) --In accordance with the Dakota County Highway Department's Capital Improvement Program (CIP) as reviewed and modified by Council action on December 5, 1989, formal Cost Participation Agreements have been prepared for the installation of traffic control signals with streetlights on Cliff Road (County Road 32) at its intersection with Beacon Hill Road/Thomas Center Drive and also at Slater's Road. With both signal installation construction costs estimated at $80,000, the Slater's Road intersection will be financed equally between the City and the County in accordance with the standard 50/50 split for signal installations. However, the installation of the signal at the intersection of Beacon Hill Road will be the full responsibility of the City of Eagan until such time as Dakota County can finance its standard 50% share ($40,000) which is anticipated in late 1990 or 1991. These agreements have been reviewed and found to be in compliance with previous standard cost participation agreements for the installation of traffic control signals within the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: Approve Traffic Signal Agreement #90-03 (Cliff Road @ Beacon Hill Road) and #90-02 (Cliff Road @ Slaters Road) and authorize the Mayor and City Clerk to execute all related documents. AUTHORIZE FEASIBILITY REPT (S PILOT KNOB RD F. Project 590, Authorize Feasibility Report (S. Pilot Knob Road -Streets & Utilities) -- The City has received indications from Dakota County that they are ready to proceed with the upgrading of Pilot Knob Road (County Road 31) from Rebecca Lane south to Diamond Path Road (County Road 33) in Apple Valley. If the City of Eagan is to assess any portion of this project, a feasibility report should be prepared to be presented and discussed at a formal public hearing prior to entering into a Cost Participation Agreement with Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report for Project 590 (S. Pilot Knob Road - Streets & Utilities). 7 Agenda Information Memo March 6, 1990, City Council Meeting APPROVE SPEC& UTHORIZE AD FOR BIDS PUBLIC WKS FRONT-END LOADER G. Approve Specs/Authorize Ad For Bids (Public Works Front -End Loader - Unit #145)- -As a part of the approved 1990 Budget, the Council authorized the acquisition of a front- end loader for the Public Works Street Maintenance Division under equipment certificates. Detailed specifications have been prepared and are being submitted to the City Council for authorization to advertise and solicit formal bids. Similar to the last major piece of equipment purchased by the City, the Public Works Department is proposing to solicit bids under the "Total Cost Bid" format which provides for a guaranteed maximum cost for maintenance over the first five years of ownership as well as a guaranteed repurchased price if, for some reason, the machine does not perform satisfactorily after that 5 -year period. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the specs and authorize the advertisement for a Public Works front-end loader (Unit #145) with a bid opening scheduled for 10:30 a.m., Friday, April 20, 1990. rol Agenda Information Memo March 6, 1990 City Council Meeting BLUE BELL ICE CREAMIAPPLICATION TO OPERATE ICE CREAM TRUCKS H. Application, Blue Bell Ice Cream to Operate Ice Cream Trucks on City Streets, April 1 -October 1, 1990 --Mr. Lloyd Ackert, Jr. of Blue Bell Ice Cream has applied for a 1990 license to operate ice cream trucks on City streets. When this type of request has been approved in the past, it has been approved subject to the following conditions: 1. Continuance of liability insurance evidenced by an insurance certificate. 2. Hours of operation will be from 12:00 noon to 15 minutes prior to sunset. 3. The approval is granted from April 1 until October 1 of the current year. 4. The trucks will not generate a noise level greater than 65 decibels. 5. Caution swing arms will be required on each vehicle. 6. Local employment will be used for drivers operating in the City of Eagan. Attached without page number for the Council's information is a copy of the application form. The Police Department has reviewed the application and has no objection to the approval of this request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an application from Blue Bell Ice Cream to operate ice cream trucks on City streets April 1 to October 1, 1990. If approved, the approval should be subject to the above listed conditions. Agenda Information Memo March 6, 1990, City Council Meeting RECEIVE PETITION/AUTHORIZE PREPARATION OF FEASIBILITY REPT & DETAILED PLANS TRANBY 1ST ADDN I. Project 591, Receive Petition/Authorize Preparation of Feasibility Report & Detailed Plans (Tranby 1st Addition - Storm & Sanitary Sewer) --The staff has received a petition requesting the preparation of a feasibility report and simultaneous preparation of detailed plans and specifications for the installation of trunk storm sewer and sanitary sewer facilities necessary to provide service to the Tranby 1st Addition located on the west side of T.H. 149 just south of the Borchert -Ingersoll Corporation entrance. The petitioner has guaranteed the costs of the preparation of these reports and plans should the project not be approved as a result of the public hearing. Therefore, it is recommended that the Council receive this petition and authorize the appropriate work. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 591 (Tranby 1st Addition - Storm & Sanitary Sewer) and authorize the preparation of a feasibility report and detailed plans and specifications. RECEIVE PETITION/AUTHORIZE PREPARATION OF FEASIBILITY REPT WILMUS ADDN J. Project 592, Receive Petition/Authorize Preparation of Feasibility Report (Wilmus Addition - Trunk Storm Sewer) --The City has received a petition from ISD #196 requesting the installation of the trunk storm sewer facilities necessary to accommodate the runoff associated with the construction of the proposed elementary school located on Johnny Cake Ridge Road just north of the Highline Trail. The petitioner has guaranteed all costs associated with the preparation of this report if, for some reason, the project is not approved as a result of the public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 592 (Wilmus Addition - Trunk Storm Sewer) and authorize the preparation of a feasibility report. 1U Agenda Information Memo March 6, 1990, City Council Meeting ACKNOWLEDGEMENT OF COMPLETION (R & B ADDN) K. Contract 87-UU, Acknowledgement of Completion (R & B Addition - Water Alain & Storm Sewer) --The private installation of City water main and storm sewer facilities within the above -referenced subdivision located in the southwest corner of Duckwood and Denmark Avenue has been completed, inspected by representatives of the Public Works Department and found to be in order for formal maintenance by the City and release of related financial securities. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 87-UU (R & B Addition - Water Main & Storm Sewer). authorize release of financial security and authorize the assumption of maintenance responsibility subject to to appropriate warranty provisions. ACKNOWLEDGEMENT OF COMPLETION (OAK CLIFF 1ST ADDN L. Contract 84-J, Acknowledgement of Completion (Oak Cliff 1st Addition - Streets & Utilities) --The private installation of streets and utilities within the above -referenced subdivision located west of Slater's Road and south of Cliff Road has been completed, inspected by representatives of the Public Works Department and found to be in order for formal maintenance by the City and release of related financial securities. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 84-J (Oak Cliff l st Addition - Streets & Utilities), authorize release of financial security and authorize the assumption of maintenance responsibility subject to appropriate warranty provisions. ACKNONN'LEDGEMENT OF COMPLETION (OAK CLIFF 2ND ADDN) M. Contract 85-E, Acknowledgement of Completion (Oak Cliff 2nd Addition - Streets & Utilities) --The private installation of streets and utilities within the above -referenced subdivision located west of Slater's Road and south of Cliff Road has been completed, inspected by representatives of the Public Works Department and found to be in order for formal maintenance by the City and release of related financial securities. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 85-E (Oak Cliff 2nd Addition - Streets & Utilities), authorize release of financial security and authorize the assumption of maintenance responsibility subject to appropriate warranty provisions. Agenda Information Memo March 6, 1990, City Council Meeting ACKNOWLEDGEMENT OF COMPLETION (OAK CLIFF 4TH ADDN) N. Contract 86-Q, Acknowledgement of Completion (Oak Cliff 4th Addition - Streets & Utilities) --The private installation of streets and utilities within the above -referenced subdivision located west of Slaters Road and south of Cliff Road has been completed, inspected by representatives of the Public Works Department and found to be in order for formal maintenance by the City and release of related financial securities. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 86-Q (Oak Cliff 4th Addition - Streets & Utilities), authorize release of financial security and authorize the assumption of maintenance responsibility subject to appropriate warranty provisions. Agenda Information Memo March 6, 1990, City Council Meeting VACATE UTILITY EASEMEtUffLAUNCLIFF 2ND ADDN A. Vacate Utility Easement, Rahncliff 2nd Addition --On February 6, a petition was received requesting consideration for the vacation of a publicly dedicated utility (water main) easement within the Rahnclif 2nd Additio nd a public hearing scheduled for March 6. Enclosed on pages t and 5, is the legal description and graphic representation of the location of the portions of this utility easement requested to he vacated due to the encroachment of the shopping center and Burger King Restaurant. All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. Representatives of the Public Works Department have reviewed this vacation and found it to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of portions of the utility easement within the Rahncliff 2nd Addition as described in the petition. 13 N7f of �fff �— ^- (CIJFf ROAD) 1! . CO R0. ' ftp toff #.! Of If - !ff•�U! ! Ri4HNCLi FF s1 t2 A Ifs i �'``' AREAS TO BE YAC T ED •;FIPST ADDITION 03 04 ! RAHNCLIFF =� Cpl I --- RT OUTLOT C1A V iA— to 4 M-21 + VVILItr AND IMMIM EASE1EfiS f0 ri TKAnV Description s1 That part of Lot 1, vloek 3, Rahnclift 2nd Addition, according to the Piet thereof on file in the office of the County Ntecou:derf Dakota County! Minnesota described as follow Cassencing at the Southwest corner of said Lot /f thence North 86 degrees 26 minutes 26 seconds Last on an assumed 'b"VL" along the southerly line of Lot 1 a distance of 60.00 feet to the poiht of biginningf thit+ce tiesth 03 degrees 33 minutes 32 ■eecads West a distamn of 03.71 goat to the existing utility easement line; thaws North 06 degrees 26 s 2eco"deq degrees e test along said eaasment line a distance of 17.53 f+lt; iminutes �t 03 minutes 30 seconds Last continuing &long the "Abbent line a distance Of 12+.00 feet: thence North 13 degrees 29 sinutes 56 bacCn" Iles! along the easement line a distance of 76.37 feet; thence (North 43 degrlras SI minutes 50 seconds Lest along the assesant line a di6tahee of 31.01 feat; thence South 0 degrees 3e minutes 59 seconds Lest a +distance of 09,1 fret: thence south 56 degrees 22 minute■ 02 seconds West a distance of 69.36 feet to the southerly line of Lot 1: thence northwesterly and Mestarly along the common lins of Lots 1 and 2 to the point of be ginni V. 6 g1 50 s that part of Lot 2, Block 3. Rahnclilf 2nd Addition, according to the plat Description R2 thereof as fila in the office of the County Recorder, Dakota Cowty, Minnssot4. deserlhed as follow: commencing at the most awthwsteriy Cerner of said Let 2; thence south 34 degrees 17' nimutes 46 seconds Seat an an assumed hearing along the westerly line of Lot 2 a distance of '10.54 Leet to its Lmtersection with the existing utility &asasent line and the point of beginning; thence North 61 degrees 30 minutes o1 second& Cast along said aseement 1Lms s distsm" of 45.65 rest; theme South IS degrees 14 minutes 42 seconds lest a distance of OS -73 feet: thence North S6 degrees 22 minutes 02 seconds Salt a distance of 20.0 feet; thence southeasterly to a point on the existing utility easement line that burs south 95 degrees 14 minutes 42 as- to Cast from the point of beginning, said polat alae being the angle point so the esistLng utility Odd drainage *"wont lime: thence North CS degrees 14 alnntes 42 aoemde Wet a distance of 36.62 foot to de saint of beiimmLag. also. A S.0 toot wide strip at load In Let 3. Block 3. Rahnetire 2nd Addition according D*Scription #3 to the plat thereof an fit& 1m the office of the County Sooerdmr, Dakota County. 011"eeets, lying tastsrly of and adjacent to that pert of the Westerly line of the existing Drainage and utility Resonant deecrtbod as follows: Commencing at the most losterly owner of said test 1. aloft 3. Rahmelltt 2nd Addition; thanes an as aammmod loathe Of North 34 degrees 17 minutes 46 60"nda West along the omen line between Lori 1 and 2 of !lack 3 a distance at 47.33 test to the existing drainage and utility easement line; thence North 61 degrees 30 minutes 01 seeemde lost along 1414 Seas a 4101awce Of 45.65 toot thence south as degrees 14 minutes 42 6e00ndm last &to" said easement line a distance of 122.55 toot; thence south 33 d6grese 30 minutes 24 seconds test continuing along said easement 1LM a distance of 131.15 Code to the point of beginning of the Masterly line of the S.0 toot strip to be described; thence south 23 degrees Os minutes 49 &*condo Mast ever and along the existing line a distance of 20.0 feet and that* tenlMting. else. Description 84 A 4.0 toot wide strip Of land to Lot 2, Block 3, 28hnC"tf ltd Addition according to the plat thereof on file in the office of the County Roeerdsr, Dakota County, Minnesota lying easterly of and adjacent to that part of the Westerly line of the *sitting Drainage and utility Casement doseribod as fellows: Commencing at the most 4&terly server of Let 1, Stock 3, i&W ClLff 2nd Addition! thence on an assumrd hearing of %Orth 34 Mgrssa 17 minutes 41 "condo West along the demon line between Lots 1 and 2 of Bleak 3 a distance of 47.33 fast to the existing drainage and utility aaseasmt lino; thence Worth 61 detrooa 30 minutes 01 seconds fast along said lima & dLstalae of 45.61 foot; thence South SS degrees 14 minutes 42 second& "at along said line a distance of 122.55 foot; thence South 73 degrees 30 minutes 24 seconds tut eontimmLng along said easeasnt line a distance of 131.5 fest; tbento South 23 degrees 06 minutes 49 second& Vest a distance of 100.00 toot to a point on the Westerly line of the existing drainage and utility auament said point being the point of beginning of the Westerly line of the 4.00 strip to be described; thence South 23 degrees Os minutes 49 sseands Vest along the existing assonant lira s distance of 25.00 foot and there terminating. also, Description 85 A 4.0 toot wide strip of land In Let 2. Black 3, sawliff ltd Addition according to the plat thereof an file In the office of the County 2aeerder, Dakota County, Minnesota lying Lasterly of aM adjacent to that part of the Westerly line of the existing Drainage and utility tasemmmt described No fellows: Ceonomsing at the east tssterly awe r of fat 1. JUnk 3, JalweLitf Ind Addition: donee on as assumed baring of Werth 34 degrees 11 slat*: 46 scads West along the common lino between Late 1 and 2 of Bleck 3 a &Lstamsa of 47.33 fast to the existing draiaW and utility e&eomeue 11ue; el.aee North " degrees 30 minutes O1 soemnd& last along said lime a distance of 4S.6S fast; them:* South SS degrees L4 minutes 42 Beads Rest along amid line a "araeas of 122.3S fast; donee South 33 detdaas 30 simmtoa 24 seconds Use eastimmlag slang said oeaeeeat line a distance et 131.15 fast; dhoeee south 23 degeass O6 utustas 49 &scads West a distance of 425.00 tact to a }stmt on dao Mamtarly lima of the ealstint ,drains" ane utility "meant said }mist betog the petae of hegin►Lag of the ees 08 minutes 49 secadWeex" tog. vast ale" thlime at ths 4.00 e _ exeimg lime dueness areaarmt le a duss of MOO Cast aced dere terminating. also, DfliCriptiOn ►is A S.0 teat wide strip s! Land is tat t. flack 2. Rahmeliff 3rd Addition seeording to the plat thwear on file is the slfiei lot tka County Remsrdem. Dakota County, Minnesota, lying Rssterly of that part of the vesteely iLue of ole existing Drainage and Utility !&moment "aseth*d ad tatlebs% Commencing at the most Westerly eermar of said Lot 1, 141 ' teach 49 degrees 43 minutes 34 eseends Rest on an w0umd beading along the Southerly 1Lns of fat t a distamse of 0.00 testi thence Month S1 dared 56 minutes 01 seconds test aleag the existing lime of the deataa* ted utility easement a distance of 149.90 test; themes south K dogreea 35 mintues 03 aersumds Seat along the 9eetharby lies of the drainage and utility sessm"t a diataaee of 7l.$a last: thanes south 23 degrems Os minutes 40 ai0eende Most '1064 the masterly lies of the existing drainage end utility S&46046t 4 distanned at 10.0 test to the point of beginning Of the bodtsrly 11" Of the S.0 toot strip of lend to be described; thou continuing South 23 degrees 0e *'notes 40 seconds wast a -A &k -o ►armiaaltam. Agenda Information Memo March 6, 1990, City Council Meeting VACATE UTILITY EASEMENTICLIFF LAKE CENTER ADDN B. Vacate Utility Easement, Cliff Lake Center Addition --On February 6, a petition was received requesting consideration for the vacation of a publicly dedicated utility (water main) easement within the Cliff Lake Center ition and a public hearing scheduled for March 6. Enclosed on pages _ja and , is the legal description and graphic representation of the location of the portions of this utility easement requested to be vacated due to the encroachment of the strip shopping center between Cub and Target. All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. Representatives of the Public Works Department have reviewed this vacation and found it to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of portions of the utility easement within the Cliff Lake Center Addition as described in the petition. Ro Cliff Lake Center Easement Vacation CUB FOODS �t 1 3 � i Q `, d4 Cliff Lake .I i F ,\ l EASEMENT TO BE VACATED EASEMENT TO BE VACATED: A 30 foot wide drainage and utility easement over, under and across that part of Lots 2 and 3, Block 1, CLIFF LAKE CENTRE, according to the plat of record, Dakota County, Minnesota, the centerline of which is described as follows: Commencing at the most southeast corner of said Lot 2 which is also a point on the westerly right of way line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-41-x; thence North 69°-41'-07" West, assumed bearing, along a southwesterly lot line of said Lot 2, a distance of 199.55 feet; thence North 29°-01.'-37" West, continuing along a southwesterly line of said Lot 2, a distance of 310.89 feet; thence South 34°-50'-51" West, a distance of 82.92 feet; thence South 301-00'-06" East, a distance of 20.00 feet to the beginning of the centerline to be described; thence North 30°-00'-06" West, a distance of 20.00 feet; thence North 340-50'-51" East, a distance of 110.38 feet; thence North 000-10'-7.2" East, a distance of 248.58 feet; thence North 001-21'-38" West, a distance of 129.68 feet; thence North 41°-01'-54" East, a distance of 91.66 feet; thence North 650-08'-35" East, a distance of 265.95 feet; thence North 580-12'-54" East, a distance of 218.1.6 feet; theme North 280-21'-13" East, a distance of 18.80 feet and said centerline there terminating. Agenda Information Memo March 6, 1990 City Council Meeting CONDITIONAL USE pMhMMVlER'S RESTAURANT FOR ON -SALE LIQUOR A. Conditional Use Permit for Xavier's Restaurant to Allow On -Sale Liquor in a CSC District --A public hearing was held by the Advisory Planning Commission at their November 28, 1989 meeting to consider an application submitted by Xavier's Restaurant for a conditional use permit for on -sale liquor. The APC recommended approval of the conditional use permit. This item was continued from the December 5, 1989 City Council meeting until after the City Council had its special workshop session to review on -sale liquor license policies. At the February 20 City Council meeting, the Xavier's on -sale liquor license application and the conditional use permit to allow on -sale liquor was continued to the March 6 meeting. In the two week period between February 20th and March 6th staff has been unable to complete the independent financial review of the applicant. The applicant's accountant is heavily involved in income tax work and could not meet on short notice. The City has engaged an accounting firm to conduct this review and the first meeting to provide the framework for the review is scheduled for March 7. The agenda item is recommended to be continued to March 20, 1990. ACTION TO BE CONSIDERED ON THIS ITEM: permit to allow on -sale liquor at Xavier's Restaurant meeting. lC\ To continue the conditional use to the March 20 City Council Agenda Information Memo March 6, 1990 City Council Meeting ON -SALE LIQUOR LICENSE APPLICATIONIXAVIER INC. B. License, On -Sale Liquor License Application for Xavier Inc. --Xavier Inc. located at 1260 Town Centre Drive has made application for an on -sale liquor license. A copy of the on -sale liquor license application was distributed with the February 20 City Council agenda information. Because the conditional use permit is not yet in order for consideration, staff requests that this item also be continued to the March 20 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the on -sale liquor license for Xavier Inc located at 1260 Town Centre Drive/ Town Centre Shoppes to the March 20 City Council meeting. Agenda Information Memo March 6, 1990 City Council Meeting PRELIMINARY PLAT EXTENSION AUTUMN RIDGE C. Extension, Preliminary Plat for Autumn Ridge Addition --The Community Development Department has received a request from James Development Company for a one year preliminary plat extension for the Autumn Ridge Addition. Staff reviewed this request and is recommending two (2) items that the Council needs to address. The first item is to change the financial obligation to reflect 1990 rates for sanitary sewer trunk, water trunk and storm trunk, and the second item is to require a second ingress/egress to the site. The reason for the change in access is due to the recent acquisition by the Catholic Church who purchased property on the south along Dodd Road. Information concerning this item was included in pages 85 through 102 of the February 20 City Council packet. If any member of the City Council would like an additional copy of this information, please contact the City Administrator's office. ACTION TO BE CONSIDERED ON THIS I'T'EM: To approve or deny a one year preliminary plat extension for the Autumn Ridge Addition. C� I Agenda Information Memo March 6, 1990 City Council Meeting RESIGNATION GREG GAPP AIRPORT RELATIONS CONEVIIITEE A. Resignation, Greg Gappa from Eagan Airport Relations Committee --Greg Gappa, a member of the Airport Relations Committee, has recently accepted employment with Pierce County Wisconsin and will be moving out of the City of Eagan. His resignation became effective February 15, and will require action by the City Council to appoint a replacement. Enclosed on page U is a letter from Mr. Gappa. Mr. Gappa is a full-term representative on the committee and it may be appropriate to appoint one of the two alternates, either Reverend George Martin or Becky Newell to the full-term vacancy created by Mr. Gappa. Mr. Gappa's term expires in January, 1992. In any event, action will be required by the City Council to either draw from the list of names of volunteers seeking appointment to another City commissior r dvertise in the newspaper and seek new applicants. Attached on page(s) are Applicant Profiles and their letters from those residents interested in the Airport Relations Commission as this information appeared in the Organizational Business packet in January. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Greg Gappa as a member of the Airport Relations Committee and provide the proper direction for a replacement which includes consideration of the alternates, selecting a name from the attached list of residents who have expressed interest for appointment to a committee/ commission or readvertising. �01 �a• �0�1� Ho�ehs�eln, Cliy Council futernbers i ,�ro�,: Gre9 G a p pa Orly o -E' En an Alrpo�-t Oailons Camf,;ilee fierce Cv��,n'k W�sCdnsln a�►d w �16�mov}�, 0�0 of Pvl� -+%e po r p opi f2c a 1 6�r, s co YNI YV\ ► F e e �'-�e c-��.ve 4:� b re ar y 19, ( q 16.1 y Ga -'oma + 4 �0;,dv�tAY)tij � hql� td S40vf �° o ni'mmI�\E�e ►� Was � )e��r Fd�,Caj)oIAal exP'��e�,�� Sl h cel y yo uY�.� APPLICANT PROFILE NAME: JOE HARRISON ADDRESS: 2811 BEAM LANE EAGAN MN 55121 LOCATION: NE 1/4 RESIDENT: Long time EMPLOYER: Unknown PRESENTLY A COMMISSION MEMBER: No COMMISSION MEETING ABSENCES: N/A COMMISSIONS APPLIED FOR: ARC TIME: 7:20 CL /�,r, r7�S t/l e a� APPLICANT PROFILE NAME: GREG IANGEN ADDRESS: 811 $ROMONTORY PLACE EAGAN MN 55123 LOCATION: NE 1/4 RESIDENT: Yeats Not Known EMPLOYER: UnknO" PRESENTLY A COMMISSION MEMBER: No COMMISSION MEETING ABSENCES: N/A COMMISSIONS APPLIED FOR: ARC Lpf TIME: 8:10 January 3, 1990 Mayor And City Council city of E&jan Eagan, MiNnlaota 55123 Dear Mayor Egan And Council Members: I am writing requesting appointment to Relationst Committee for the current appreciate the opportunity to intErviaw selection group so that I flay explain why the committee and discuss my background relate to serving on this committee. Thank you. I vOy trul yours, 12e o y t. L ngan 611 Promontory Place Eagan, RN 55123 P-7 the Lagan Airport term. I would with the committee I Wish to serve on experiences which APPLICANT PROFILE NAME: TIMOTHY M RING ADDRESS: 720 SADDLE WOOD DRIVE EAGAN MN 55123 LOCATION: SE 1/4 RESIDENT: Years Not Known EMPLOYER: Unknown PRESENTLY A COMMISSION MEMBER: No COMMISSION MEETING ABSENCES: N/A COMMISSIONS APPLIED FOR: ARC TIME: 9:20 720 Saddle Wood Drive Eagan, MN 55123 December 29, 1989 Mr. Thomas Hedges City Administrator City of Eagan P.O. Box 21-199 Eagan, MN 55121 Dear Mr. Hedges: As seen in the notice of a recent edition of the Eagan Chronicle, I would like to express my interest in applying for an appointment on the city's Airport Relations Council. As a concerned citizen, I am wondering why the airport noise over the city continues to increase without apparent regard for the affect on it's residents. I possess A Master's Degree in Civil Engineering and feel I could help the city in understanding and finding solutions to this delicate problem. I would appreciate hearing from you on the next step in this process at your earliest convenience. Thank you for your time. Sincerely, Timothy M. Ring APPLICANT PROFILE NAME: KATHERINE SHOAPS ADDRESS: 4963 SAFARI CIRCLE EAGAN MN 55122 TIME: LOCATION: SW 1/4 RESIDENT: Years Not Known EMPLOYER: Law Student PRESENTLY A COMMISSION MEMBER: Yes COMMISSION MEETING ABSENCES: Never Absent COMMISSIONS APPLIED FOR: ARC 30 1-3-,Fo -V6 Z� " . & A - jh 3 ( Agenda Information Memo March 6, 1990 City Council Meeting 1989 GENERAL FUND BUDGET AND FUND TRANSFERS B. Adjustments, 1989 General Fund Budget and Miscellaneous Fund Transfers --Each year the City Council makes final general fund budget and miscellaneous fund transfers prior to preparing the financial report for the previous year's financial operations. For additional information on this item, refer to a memo enclosed on pages 32 through aprepared by the Director of Finance which includes several recommendations for budget adjustments and miscellaneous fund transfers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny, with or without any modification, the 1989 general fund budget and miscellaneous fund transfers as presented. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: FEBRUARY 28, 1990 SUBJECT: GENERAL FUND BUDGET ADJUSTMENTS -1989 MISCELLANEOUS FUND TRANSFERS SOLID WASTE ABATEMENT FUND BUDGET ADJUSTMENT FINES AND FORFEITS FUND BUDGET ADOPTION Prior to closing the books completely for 1989 financial activity, I would like to recommend a number of final budget adjustments and fund transfers. In late March field work will be started for the independent audit and, hopefully, the financial report will be completed in mid-May. General Fund - Year To Date The adjustments within the General Fund are requested to allow the City to present a more realistic budget versus actual statement in the December 31, 1989 annual financial report. A number of budget adjustments have been approved throughout the year. Those are summarized by department as follows: Department Mayor & Council Administration Data Processing Finance/City Clerk Legal Community Development Cable TV Police Fire Public Works/Engineering Streets and Highways Central Services Maintenance Parks and Recreation Tree Conservation Contingency 1/1/89 Budget As Approved $ 57,100 415,630 346,250 622,680 260,000 1,281,420 139,830 3,093,920 713,900 646,200 1,027,450 324,360 1,362,760 90,200 114.080 $10,495,780 Significant changes include the following: 12/31/89 Budeet As Amended $ 57,100 395,560 346,250 622,680 260,000 1,341,420 47,020 3,100,730 794,964 646,200 997,450 324,360 1,382,990 98,000 -0- $10,414,724 1. In Administration, solid waste abatement appropriations and expenditures were moved to a separate fund. 2. Community Development was increased to account for the generator being paid for with funds unspent during 1988. 3. The Cable TV appropriation was reduced to reflect the change in accounting where payments to the Burnsville/Eagan Cable Communications Commission are made directly from the Cable TV Franchise Fund. 35 4. Police was increased to reflect numerous contributions and donations. 5. Fire was increased to account for an increase to the refurbishment costs of unit 13. It was also increased to provide for part of the costs to upgrade the aerial truck while it is undergoing repairs. The $30,000 that had originally been budgeted for the air/salvage vehicle in the 1989 Equipment Certificates was moved to the General Fund. To balance this change, a $30,000 piece of equipment was moved from Streets and Highways in the General Fund to the 1989 Equipment Certificates Fund. 6. The change in Streets and Highways is explained in number 5 above. 7. Parks and Recreation was increased to reflect numerous contributions and donations. 8. Forestry was increased to account for the trees purchased to stock the tree sales. 9. The contingency account was eliminated to cover certain appropriation increases as noted above. Items 1-9 have been approved and are incorporated into the 12/31/89 budget as previously amended. Estimated revenues have also been adjusted and currently total $10,414,724 to present a balanced budget. Estimated revenues decreased in the recycling grant ($29,150) which was moved to the new fund; increased in park programs ($12,400) which relates primarily to tree sale and concession sales; increased in contributions and donations ($22,440); decreased in the Cable TV ($92,810) because of the accounting change; and increased in the transfers ($6,064). These changes combined account for the total decrease in estimated revenues of $81,056, from $10,495,780 to $10,414,724. These revenue estimate adjustments have also been approved and are reflected in the 12/31/89 budget as previously approved. General Fund - Re nested Ad ustments It is currently estimated that revenue recognized in 1989 will total approximately $10,782,786 or $368,062 over the current budget estimate of $10,414,724. Expenditures are estimated to be approximately $10,428,300 or $13,576 over the current budget of $10,414,724. These two items taken together generate an increase to fund balance of $354,486. There are numerous other items to be covered later in this memo that, if approved, will impact this increase to fund balance either by increasing 1989 expenditures or by designating a portion of the fund balance to be spent later in 1990. Since I would like to clearly report the results of 1989 operations as they have taken place, the following requested budget adjustments do not include those special items. However, if they are approved, they will be included in the December 31, 1989 audited financial statements per generally accepted accounting principles. I am, therefore, requesting that the following line items listed by department be amended as follows. Since only a minimum number of line items are listed, neither old nor new department totals wil? V--+.4^ *''4� ^''mac'^*'t;^^ Al an increases or decreases to those specific li actually necessary for that line item but total. Recommended Department Current Recommended Adjustment Revised Line Item ARRropriation Increase (Decrease) &ropriation Mayor & City Council Accrued Insurance Benefits $ 15,050 ($ 4,500) $__10 , 550 Department Totals $ 57,100 4.500) $ 52,600 Administration Other Contractual Services $ 11,450 $ 5.080 $ 16,530 De a tment Totals 395 560 5,080 $400,640 Data Processine Electronic Data Processin $151,370 ($15,000) 136 3 0 Department Totals $346.250 ($15.000) $331,250 FinanceZCity Clerk Office Supplies $ 22,000 $ 10,000 $ 32,000 Prof Services -Fin Non-Ded 2,500 8,050 10,050 Department Totals S622,680 18,050 $640.730 Legal Prof Services -Legal $260,000 $144,400 $404,400 Department Totals $260,000 5144 400 $404,400 Community Development Salaries & Wages -Regular $ 624,710 ($ 19,820) $ 604,890 Accrued Insur Benefits 85,290 f 15.000) 70,290 Department Totals $1,341,420 34,820) $1.306,600 Cable TV ORerating Su ies-Ge eral -0- 1,550 S 1,550 Department Totals $ 47.020 $ 1,550 S 48.570 Police Clothing & Personal Equip Motor Fuels Tires Comm System Parts Med Services Other Instructors $ 36,820 ($ 3,600) $ 33,220 58,000 ( 6,500) 51,500 5,900 ( 5,700) 200 3,947 ( 2,519) 1,428 9,275 ( 5,115) 4,160 2,100 ( 2,000) 100 3-5 Recommended Department Current Recommended Adjustment Revised Line Item Auuropriation IncreaseDecrease) Appropriation Police Telephone Service 27,000 ( 4,900) 22,100 Insurance 52,210 ( 2,100) 50,110 Mobile Equip Repair 14,500 ( 7,500) 7,000 & Schools 41,920 ( 2,000) 39,920 _Conference Department Totals $3,100,730 ($41,934) $3.058,796 Fire Salaries & Wages -Regular $ 57,620 ($21,000) $ 36,620 Fire Relief Pension 65,000 ( 17,500) 47,500 Med Services -Physicals 14,500 ( 12,20.) 2,250 Mobile Equip Repair 41.000 ( 30,000) 11.000 Department Totals $794,964 ($80,750) $714.214 Public Works En ineerin Prof Service -Engineering $ 12,000 X55.000 S 67,000 Department Totals $646,200 $55,000 $701,200 Streets and Highways Mobile Equip Repair Parts $ 40,000 ($13,500) $ 26,500 Equip Oper Replace Parts 18,500 ( 11,300) 7,200 Street Repair Supplies 79,300 ( 13,200) 66,100 Mobile Eauio Repair 7_374 ( 4.000) 3,374 Department Totals $997,450 ($42.000) $955.450 Central Services Maintenance Electricity A 12 000 2,500 14,500 Department Totals 8324 360 $ 2.500 $326.860 Parks and Recreation Repair and Maint Supplies $ 4,000 $ 1,500 $ 5,500 Mobile Equip Repair Parts 6,500 3,400 9,900 Building Repairs 4,400 3,000 7,400 Field Equip Repair Parts 5,200 2,800 8,000 Motor Fuels 13,000 3,800 16,800 Instructors 19,950 2,600 22,550 Electricity 17 500 6,500 24,000 Department Totals $1,382,990 $26,200 $1,409.190 3(p Recommended Department Current Recommended Adjustment Revised Line Item ARRroRriation Increase (Decreasel A_„ppropriation Tree Conservation Salaries and Wages -Reg $ 37,360 ($ 8,000) $ 29,860 Equipment Rental 1,800 1,600) 200 Department Totals $ 98.000 9_,600) $ 88,400 General Fund Totals $10,414,724 $252,780 ($228,604) $10,438,900 To balance the increased appropriation level of $10,438,900, I am recommending that the estimated revenue for building permits be increased by $24,176 from $700,000 to $724,176. It is important to note that only limited conclusions should be drawn from the line item adjustments listed in this memo. A detailed comparison of budget to actual on departmental operating statements would be necessary to analyze variances at a meaningful level. General Fund - Other Considerations In addition to the previously discussed departmental adjustments, there are three (3) other situations that need to be addressed as follows: 1. There is an unrecorded liability to the electrical inspector of $181,253 which has resulted from the inspector costs not being billed or recorded in the same period when the revenue for the permit was recorded. Proper accounting will record that liability and then annually adjust it so revenues and expenditures will be matched each year. Although only $49,082 of this adjustment actually pertains to 1989 activity, the total amount will be run through the 1989 statement of operations. This, of course, is a one time correction where expenditures will be much higher than revenues related to electrical inspections. In previous years, the opposite was true when not all expenditures were appropriately recognized. The total will be a direct reduction of fund balance. 2. There are three (3) instances in which items from the 1989 budget should be carried into the 1990 operations. From an accounting standpoint, they are required to be expended in 1990 when the liability is actually incurred; they cannot be recorded as 1989 expenditures. What I am, therefore, asking for is an amendment to the 1990 budget realizing that the offsetting revenue source in 1990 will be the fund balance where the available resources went at the close of 1989 operations. Those items are as follows: a) The Data Processing Department had an additional $10,000 budgeted in 1989 for projects that were not completed. The 1990 budget should be increased by that $10,000 to allow those on- going projects to be paid for in the 1990 budget operations. Those projects are as follows: Vehicle Management System $ 4,000 Tree Inventory System 3,000 Utility Billing/Meter Reading 2,000 Service & Complaint System _ 1.000 $10,000 3-7 This work is all being completed through LAGIS. b) As previously mentioned, the 1989 Fire Department Budget as revised included $30,000 for the upgrade to the aerial truck. This has not been billed to date and will be a 1990 obligation. The 1990 budget should be increased by this $30,000 in the Fire Department. c) At the December 19, 1989 City Council meeting, consideration was given to a $30,000 appropriation in the Police Department from either 1989 or 1990 to participate in a joint powers agreement to construct a gun training range. Since no costs have been incurred, this cannot be a 1989 expenditure and will be reflected in 1990 operations, if authorized. Whether or not there are 1989 funds available to carry forward and spend in 1990 depends on how the total financial picture is evaluated. 3. The City Council has previously determined that expenditures on the construction and equipping of Fire Stations 4 and 5 in excess of the bond issue would be financed by the General Fund fund balance. That requirement is $257,616.07 as noted in the following comparison: Variance Item _Budget Actual Favorable (Unfavorable Land Station 4 $ 50,000 $ 80,213.29 ($ 30,213.29) Station 5 75,000 99,201.47 ( 24,201.47) Buildings Station 4 430,000 503,578.88 ( 73,578.88) Station 5 430,000 488,940.00 ( 58,940.00) Equipment 720,000 717,202.90 2,797.10 Architect 41,000 50,186.11 ( 9,186.11) Landscaping Station 4 -0- 18,063.62 ( 18,063.62) Station 5 -0- 24,506.54 ( 24,506.54) Additional Furnishings 20,000 38,059.66 ( 18,059.66) Bonding Costs 84,000 18,305.06 65,694.94 Interest Expense -0- 49,966.54 ( 49,966.54) TOTALS $1,850,000 $2,088,224.07 ($238,224.07) Bond Proceeds $1,829,650.00 Insurance Refund 958.00 TOTAL $1,830,608.00 CASH DEFICIT S 257,616.07 This transfer of $257,606.07.from the General Fund will also be reflected as 1989 activity in the audited financial report although not specifically a result of 1989 general operations. 2W General Fund - Summary In the following table, I will attempt to numerically summarize what all of this means to the Fund Balance of the General Fund. January 1, 1989 Fund Balance $ 2,565,136 Results from 1989 Operations As Segregated in this Memo Revenue 10,782,786 Expenditures (10,428.300) December 31, 1989 Fund Balance -1989 Operations Only 52.919.622 Fund Balance Cumulative As 8 of Fund Balance 1990 Budget Additional Items Which Will Impact the December 31, 1989 Fund Balance as Reported in the Annual Financial Report: Electrical Inspection Liability ($181.253) Fire Station Transfer Items to be Expended in 1990 Date Processing Aerial Truck Upgrade Gun Range ($257.616) ($ 10,000) ($ 30,000) ($ 30,000) $2,738,369 25.4% $2,480,753 23.0% $2,410,753 22.48 The City has a goal of the Fund Balance being 30-358 of the next year's operating budget. Historically, those percentages have been as follows: FUND BALANCE Year Budget _ 1978 $ 1,425,017 1979 1,761,338 1980 2,205,278 1981 2,679,740 1982 3,234,830 1983 3,732,950 1984 4,375.580 1985 5,180,000 1986 6,200,000 1987 7,740,700 1988 9,055,320 1989 10,438,900 The appropriate fund balance level is currently more difficult to determine, since the State is considering the possibility of linking reserve levels to aid payments or reductions. Given this additional complication which tends to conflict with the stated goal, the City appears to have two choices. First, we could transfer money in from other sources to cover the large expenditures (Radio Communications and Fire Stations). A transfer of this amount ($465,112) would increase the fund balance to $2,875,865 or 26.7%. Other large expenditure items, such as the maintenance facility, could also be considered more appropriately financed from other sources and would also raise the fund balance and related 3i Percent of Amount Next Budget $ 225,149 12.8% 256,805 11.6% 191,198 7.18 336,192 10.4% 435,180 11.7% 759,104 17.3% 1,158,204 22.6% 2,056,357 33.2% 2,884,012 37.38 3,090,657 34.18 2,565,136 24.68 The appropriate fund balance level is currently more difficult to determine, since the State is considering the possibility of linking reserve levels to aid payments or reductions. Given this additional complication which tends to conflict with the stated goal, the City appears to have two choices. First, we could transfer money in from other sources to cover the large expenditures (Radio Communications and Fire Stations). A transfer of this amount ($465,112) would increase the fund balance to $2,875,865 or 26.7%. Other large expenditure items, such as the maintenance facility, could also be considered more appropriately financed from other sources and would also raise the fund balance and related 3i percentage. These transfers would need to be authorized by the City Council. Secondly, the City could choose to continue these charges against the General Fund fund balance, thereby producing the results as described numerically above. My recommendation at this time would be that no additional money be transferred to the General Fund from any other source to fund previous obligations (Radio Communications -$207,495.99) or current obligations (Fire Stations -$257,616) and that the General Fund fund balance be presented at 23.0% as noted above. It should be noted, however, that this is not an adequate level to provide working capital for 1990 operations and will impact interest earnings. The reduction of the fund balance will certainly be of concern to the rating agencies and will require careful explanation. This recommendation is made in the context that eventually (after the State is more definitive) this fund balance situation needs to be revisited. Solid Waste Abatement Fund Since activities in this fund changed over the course of the year, I feel it is appropriate to approve a revised budget as follows: Current Proposed Revenue: Grant $215,820 $249.600 Total 215 820 $249,600 Expenditures: Operating Supplies -General $ 300 $ 400 Postage 3,000 3,000 Personal Auto/Parking 280 300 General Advertising 2,000 2,000 General Print & Binding 7,000 7,200 Building Rental 10,450 10,450 Conferences & Schools 200 200 Local Meeting Expenses 400 500 Dues & Subscriptions 200 200 Recycling Awards 4,200 4,200 Other Contractual Services 46,670 80,030 Other Equipment 141,120 141.120 Total 215 820 249,600 Fines and Forfeits Funds This fund was created in 1989 to account for money received from the court system and restricted to police operations. It is expected that transfers will be made from this fund to the General Fund where eligible expenditures are made. The following budget should be adopted for 1989: Revenue: Fines & Forfeits S6,500 Total 6 500 Expenditures: Transfers $6,500 Total IL500 Miscellaneous Fund Transfers I am requesting that the City Council authorize the following fund transfers for the purpose of closing various funds. The dollar amounts presented are based on the best available information and might change slightly. 1. 1984 Park Improvements Fund be closed to the Park Site Acquisition and Development Fund in the amount of $532,059.09. As more and more of the projects contemplated in the bond issue are completed, greater amounts of funding on current projects are coming from the PSA&D Fund and the accounting should be consolidated there. 2. The following funds are all being proposed to be consolidated with the Equipment Revolving Fund in the noted amounts. These funds were all created to account for capital purchase or related debt service. Fund 1989 Equipment Certificates 1989 Equipment Certificates -Debt Service 1983 Equipment Certificates -Debt Service 1988 Equipment Certificates -Debt Service 1984 Equipment Certificates -Debt Service Transfer to (from) Equipment Revolvin d ($139,546.92) 112,365.40 17,418.45 (26,566.41) 9,663.46 3. The Maintenance Garage Expansion Fund be closed from the General Fund in the amount of $9,856.51. 4. The Major Crime Fund be closed to the Fines and Forfeits Fund in the amount of $883.62. These two funds had the same purpose and should be combined. Please let me know if you would like any additional information or if you would like to discuss any part of these requests in more detail. Z � \0 Financ irector/City Clerk EJV/vmd 4( Agenda Information Memo March 6, 1990 City Council Meeting PRELIMINARY PLAT EXTENSIONICOUNTRY HOLLOW 2ND ADDITION C. Extension, Preliminary Plat Extension for Country Hollow 2nd Addition --The City of Eagan has received a request from Progress Companies, Inc., for extension of the preliminary plat for Country Hollow 2nd Addition, extension of final plat approval for that Addition, approval of a revised grading plan and the revised final plat, and waiver of the 1990 fees in lieu of 1989 fees. The only item which will be considered at the March 6, 1990 City Council meeting is that of preliminary plat extension for Country Hollow 2nd Addition. If a preliminary plat extension is approved, the other requests should be scheduled for a future City Council meeting. Enclosed on pages �3 through _ for the Council's information is a copy of a memo from City Planner Sturm regarding this item. Please note that if the Council chooses to extend the preliminary plat approval, the Community Development Department's staff is recommending that it be subject to a number of new conditions which are listed in the memo. Also attached with the memo are a request from Progress Companies and copies of the minutes from the April 19, 1988 City Council meeting at which the last preliminary plat extension was granted. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat extension for Country Hollow 2nd Addition. If approved, the extension should be subject to conditions as listed in the staff report. �f � TO; Tom Hedges, City Administrator FROM: Jim Sturm, City Planner DATE: February 26, 1990 SUBJECT: Country Hollow Second Addition, Preliminary Plat Extension The preliminary plat for the above -referenced subdivision was originally approved on April 19, 1988 and extended on September 5, 1989. The extension expired on November 30, 1989. Final plat approval was granted on October 6, 1988 and extended on January 17, 1989 and September 5, 1989. The final plat also expired on November 30, 1989. The applicant is currently requesting an additional plat extension. Concurrent with the extension request, the applicant submitted a revised grading plan and a revised final plat containing minor changes. The applicant decided to make these revisions due to development of surrounding property subsequent to original plat approval. For clarity I have summarized the applicant+s request as follows: 1. Extension of preliminary plat approval 2. Extension of final plat approval 3. Approval of the revised grading plan and the revised final plat 4. Waiver of the 1990 fees in lieu of 1989 fees Staff has reviewed the above tequest and has the following comments: 1. Should the Council choose to extend the preliminary plat, the following changes to approved conditions are recommended: * Approved Condition 14 stating that the 12 inch trunk sanitary sewer of the First Addition shall be extended to the northerly property boundary is no longer needed and should be eliminated. * A condition should be added stating that the final plat shall be in accordance with all 1990 code requirements and fees. * A condition should be added stating that the applicant shall pay all outstanding escrow fees within 60 days of extension of preliminary plat approval and/or prior to final plat approval, whichever occurs first. * The extension should be for a maximum of six months. * No further extensions shall be granted. 2. Because the final plat has been revised, the Council should take separate action on the revised final plat instead of exterac :z.s,g Lhe previous approval. This will be scheduled for a subsequent meeting. action scheduled for the March 6 meeting is for preliminary plat extension only. 3. The revised grading plan was reviewed by the City Engineering Department. The developer resubmitted the grading plan on February 26 based on engineering comments. The resubmission is being reviewed and will be addressed at the time of final plat action. 4. The final plat should be subject to the 1990 fee schedule and as stated in Comment 1, a condition of approval clarifying this should be added. ATTACHMENTS: 1. Letter from applicant requesting plat extension. 2. April 1988 conditions of approval. Js/mz Ap� Progress Companies, Inc. CONSULTING ENGINEERING, LAND PLANNING AND DEVELOPMENT 14300 NICOLLET COURT SUITE 235 BURNSVILLE, MN 55337 (612) 435-3115 December 27, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Re: Country Hollow Second Addition Dear Mayor and Council, As a result of some unusual circumstances, I am requesting another extension for the preliminary and final plats of Country Hollow Second Addition. On September 5, 1989, the council extended the preliminary plat until November 30, 1989 and the final plat apparently until November 5, 1989. After receiving a copy of the minutes, I was under the impression that the preliminary and final plats were extended until November 30, 1989. On November 17, 1989 I had checks issued to pay the park fees and escrow fee. I called Marilyn to tell her I was submitting the final plat and she informed me that the final plat expired on November 5 and I would need another extension. Since the extension was required and I knew Coventry Pass was going to be platted next summer I decided that it would be beneficial to eliminate the need to separately plat the northeast lot, which had been an outlot. I was told by engineering that the outlot could be converted to a lot if a temporary turn -around easement was provided. I then went through a time consuming process with Mike Foertsch and Ron Helmer of United Mortgage to determine where the easement would be located. After a few weeks of calling back and forth it was decided to place the easement on the newly created lot. After completing this process, I submitted the plat on December 14, 1989. Shortly thereafter, Ed Kirsch told me that the plat would go to council after the first of the year, and the new 1990 rates would be in effect. Due to the circumstances previously mentioned and the the fact the city has already received and cashed the checks for park fees and escrow fees, I respectfully request that the council waive the increase in fees for this subdivision. Thank you for your consideration of this request. Sincerely, J -4-i �l Warren J. Israelson cc Dale Runkle 4-5 Council Minutes April 19, 1983 F C 5. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 6. 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. 7. 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. 8. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The fincial notarantee releasPdhall untile oneclyeadin r afterhetheeVdatemeof .-ontr installation. 9. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 10.All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action, 11. The City, County and School District shall pursue resolution of the access issue on Diffley Road. 12. The parcel shall be platted as one lot as agreed by th4 developer. 13. The staff shall review possible access and parking for thi ball parks and the requirements of the Joint Powers Agreement. 14. All pathways shall be constructed to standards acceptabl for passage of emergency vehicles. All councilpersons voted yes. See Plat COUNTRY HOLLOW 2ND ADDITION COMP GUIDE, REZONING & PRELIMINARY PLAT An application of Progress Land Company for Comprehensive Guid, Plan amendment from D -II to D -I, rezoning from A (Agricultural) t, R-1 (Single Family) , and preliminary plat approval of Country Hollc 2nd Addition was brought to the Council for its consideration. Dal Runkle noted that. the Advisory Planning Commission cecommendt He reviewed the application noting approval with conditions. lots were being proposed on 13.53 acres and also discussed tt streets accessing from the plats. Council Minutes April 19, 1988 Warren Isrealson of Progress Land Company was answered questions of the Council. present and Mayor Ellison questioned about the access to the north and it was noted the report does require the developer to build the street to the north plat line. He complimented the developer on reducing the density from D -II. McCrea moved, Gustafson seconded the motion to approve the application for Comp Guide revision to D -I. All voted aye. Egan moved, Wachter seconded the motion to approve the rezoning from A (Agricultural) to R-1 (Single Family). All members voted yes. McCrea then :roved, Egan seconded the motion to approve the application for preliminary plat, with the following conditions, recommended by the Advisory Planning Commission: 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. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of 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. 4. 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. 5. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 6. 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. April 19, 1983 7. 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. 8. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 9. 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. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. The storm sewer proposed in the northeasterly portion of the site is required to be directed to the pond in the northwest corner of Block 2. 12. Street right-of-way and street construction is required to the plat boundaries including the stub street to the north. 13. Retaining walls or slope easements from neighboring properties shall be required so that minimun 3:1 slopes are maintained in all areas of the plat. 14. The 12 inch trunk sanitary sewer in the First Addition shall be extended to the northerly boundary of the property. All count ilmember s voted positively. BRIDLE RIDGE 2ND ADDITION - PRELIMINARY PLAT & VARIANCE An application of Sienna Corporation for rezoning of 166 acres to PD R-1 and preliminary plat containing 251 lots and variance for cul-de-sac in excess of 500 feet for Bridle Ridge 2nd Addition cams to the Council for its review. The Advisory Planning Commission recommended approval of the applications with certain conditions, Dale Runkle was asked to detail the applications and mentioned that an EAW is being prepared because there are more than 150 lots withir, the plat. He also reviewed the site including Bald Lake, containing approximately 10 acres which is a general development lake withic the City Shoreland Ordinance. All lots meet R-1 Code minimus requirements and the project will be constructed in four phases, There was a question concerning the tying of the park space and the common open spaces into the first phase, and the recommendation wa made by Mr. Runkle and by City Attorney Paul Hauge, that there bl undivided interests in each of the outlots so that the City will, avoid potential tax forfeiture and maintenance costs. Agenda Information Memo March 6, 1990 City Council Meeting AUTOMOBILE RENTAL STORAGETEDERAL LAND COMPANY D. Conditional Use Permit, Federal Company, to Allow Automobile Rental Storage on Behalf of Agency Rent -A -Car --A public hearing was held by the Advisory Planning Commission at its last regular meeting on February 22, 1990, to consider an application for a conditional use permit to allow outdoor storage on behalf of Agency Rent-A-Car. The automobile rental office is located in the Yankee Square Center and the storage of vehicles is proposed for the rear or south side of the shopping center. The Advisory Planning Commission is unanimously recommending denial of this application. For the Council's information, enclosed on pages _:jL through 5- / is a copy of the Communi Development Department report on this item. Also enclosed on pages'Y through is a copy of the APC minutes regarding this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Federal Land Company to allow automobile rental storage on behalf of Agency Rent-A-Car. SUBJECT: CONDITIONAL USE PERMIT APPLICANT: FEDERAL LAND COMPANY LOCATION: YANKEE SQUARE SHOPPING CENTER (Lot 1, Block 1, Bicentennial 1St Addition) EXISTING ZONING: CPD (COMMERCIAL PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: FEBRUARY 22, 1990 DATE OF REPORT: FEBRUARY 12, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Federal Land Company in requesting a Conditional Use Permit to allow outdoor storage on behalf of Agency Rent-A-Car. The automobile rental office is located in the Yankee Square Center and the storage of vehicles is proposed for the rear or south side of the shopping center. COMMENTS: The proposed office use is consistent with the existing zoning; however a Conditional Use Permit is required to allow the outdoor storage of rental vehicles. The proposed parking area for the vehicles does not appear to conflict with any high demand parking areas. However, signage that clearly defines the rental car parking area should be provided. The applicant states that there will be approximately three office employees and the number of rental cars to be parked on-site will not exceed ten at any time. If approved, this permit shall be subject to the following: 1. Signage shall be provided delineating the rental car parking from the shopping center parking. 2. All applicable Ordinances. `PILOT KNOB ROAD uj Z < i go Ro WJZJJII t r I ai W 64 kDFill I I I, w n 1i1i1 1 W E r �f I I I I I I 1 � r � ,.� �❑ Y � .GS•p ii Iilill �, �i I. I W LU LL Alk I w 11:4Z Ew <_ CW & 1i •! 11 I111111R _rW _ Iti IM I _ OF >. I �— u :illll;�il II l.� 1 I 4 I J i to V 1 CC y W N Q Ln O W W CD W W OC cn OC Q J 0. Q a a L5� Page 7/EAGAN ADVISORY PLANNING COM14ISSION MINUTES February 22, 1990 7. All commercial areas thebuill be dings cnted with the constructed oftame he materials with all sides of 9sbeing same material. S. All trash/recyclingareas'::::Wi Y::'' be contained within the buildings. 9. All applicable environm to .pe :o: shall be obtained. 10. The development is subject to additional requirements as identified by City staff during the platting phases of development necessary to provide adequate public infrastructure facilities to service the development. 11. Only two -three story 66 unit spai`finents will be allowed. 12. No gasoline pumps shal•1::::I�o::::i -flowed. All voted in favor. CONDITIONAL USE PERMIT/FEDERAL LAND CO"ANY BICSNTMINIA;":::B$CCXD:::aDDITION Chairman Graves convened the public hearing regarding a conditional use permit to allow ari:�[utom6bile rental facility in the Bicentennial Planned Development::::: loC it-iod on Lot 1, Block 1, Bicentennial First Addition and I;at 1,3ock 2, Bicentennial Second Addition, south of Yankee Doodle Road and east of Federal Drive in the northeast quarter of Section 16. City Planner Jim Sturm presented the application to the Commission. He pointed out to the CQ=ission that there were currently 20 to 30.cars present at the sit.:.A some For Sale signs. Michael Colon (Federal nd:described the project and the location. Commissionmember Hoeft reported that -.:.:the applicants Vere already in violation of City Code. CommissioniWi�nber Merkley had similar concerns. Chairman Graves asked what recourse the City had concerning the matter. City Attorney Mike Dougherty explained that the City could cite the applicants for violation. Commissionmember Merkley Page 8/EAGAN ADVISORY PLANNIBi6':: COMMISSION �kiNUTES February 22, 1990 asked how long the cars had''W:::incated at the center. Mr. Colon stated the cars had been present for sixty days. Hoeft moved, Staehli seconded, the motion to close the public hearing and deny a conditippal.;.:.use ..:Fermit to allow an automobile rental facility in the BieMtte�3... :::: %lined Development locate on Lot 1, Block 1, Bicentennialftirst' ition and Lot 1, Block 2, Bicentennial Second Addition, soutg:::'of YaiWee Doodle Road and east of Federal Drive in the northeast quarter of,::.section 16, as requested by Federal Land Company because.werepresent violations of City Code. All voted in favor. RILLMQS ADDITION/INDEPENDENT SCHOOL DISTRICT NO. 196 Chairman Graves opened the public hearing regarding a Comprehensive Guide Plan amendment, a rezoning from Multiple to Public Facility, and a preliminary plat of one lot and an outlot on approximately 18.2 acres fo i;:::elementary school located along the east side of Johnny Cake #triatr::: south of Diff ley Road in the northwest quarter of Section 28.•:. City Planner Jim Sturm suiticmd ` xea::::•'the applications for the Commission. Eric Linner (Wo1 i;:::4(t i :!:At.4ociates) explained the project. John Willmus (EHW) questioned:::�rie''size of the area to be rezoned. Kathy Rushlin had concerns regarding the zoning of the north property. City Planner Jim Sturm explained that the zoning on that property would remain the same. Commissionmember Trygg a::: ..... s:::: regarding the drainage. #?�.:�: Assistant City Engineer Mike Foerctsch ;explained the improvements. Chairman Graves questioned the road &angO :Mr. Linner explained that the change was necessary to imFarove %the parking circulation. Commissionmember Merkley asked if:::: *:the ::: Ohools were designed for future conversion. Mr. Linner stated it Sand not been a consideration in the designs. Jerry Bertsch (ISD 1F196) explained the planning considerations and future conversions. Commissionmember Gorman asked when :.#fie City would review the zoning. Community Development Director :-bile Runkle explained the process. Commissionmember Trygg questioner`the location. Mr. Bertsch explained the rationale. cissa Merkley had questions regarding the water quality: :::.:.Uii :: 3tY Engineer Mike Foertsch explained the water quality treatment..:•:.Fric Linner described the landscaping in response to Chairman Gt.sves, questions. Mr. Sturm pointed out there was adequate landscaping::* s3 Agenda Information Memo March 6, 1990 City Council Meeting WAIVE PLATTING REQUIREMENTICHAPDELAINE E. Waive Platting Requirement for Building Permit, LeRoy Chapdelaine--The City has received a request from a property owner, LeRoy Chapdelaine, requesting that the City of Eagan waive the requirement that a piece of property be platted before a building permit may be issued for a piece of property which he is attempting to sell to another party. As the Council will note, the property involved would be able to be sold without going through the City's subdivision requirement. However, according to Section 13.02, Subdivision 3 of the subdivision ordinance, a building permit cannot be issued until the property is platted. As a separate matter, by ordinance, a conditional use permit would also be required before a proposed use of the purchaser, which is a truck terminal, would be allowed. Mr. Chapdelaine is requesting a waiver of the above requirements because he states that if a building permit could not be issued by June 1, the persons interested in buying his property would find a different site in order to meet their lease arrangement and construction schedule. For the Council's information, enclosed on pages <5 through �4 is a copy of a memo from Community Development Director Runkle regarding this item, which includes as attachments a map of the site, the original letter from Mr. Chapdelaine requesting the waiver and an abstract of title to the property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a requested waiver of requirements that a property be platted in accordance with the requirements of the City's ordinance before a building permit is issued, as requested by LeRoy Chapdelaine for his property. MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 11 1990 RE: BUILDING PERMIT ON UNPLATTED PROPERTY The Planning staff has met several times with the property owners to review the City Code requirements in order to meet the objective of the owner to sell the property and have a building constructed by fall of 1990. Staff has looked at the provisions of the Subdivision Ordinance in order to convey or subdivide property. This is one of the few parcels that allows for conveyance of property without going through the subdivision requirements because Subdivision 13.02 states: A. was a separate parcel of record as of December 21, 1954 or B. was a separate parcel of not less than 2-1/2 acres in area and 150' in width on January 1, 1966 or was a single parcel of land not less than five acres and having a width of not less than 300' on July 1, 1980 Therefore, in review of this provision, the applicants can convey the property without going through the subdivision requirement. The problem with Section 13.02, Subdivision 3 provision, is that it allows for the conveyance, but a building permit cannot be issued until platting. This section states: "Requirement for building permit. No building permit shall be granted for the erection of any building or structure upon lands which are not platted in accordance with the requirements of this section, or which was platted as an Outlot." Since the conveyance of the property can occur and be recorded without City involvement, this was a primary concern so property does not get split up and sold without the City review process. The applicants have indicated they are willing to subdivide along with the building permit process if the City would issue a building permit prior to a completion of the building permit process. In review of the request for a truck terminal, they are required to go through the Conditional Use process and public hearing to have a truck terminal as an allowable use in this Light Industrial area. The property directly north of this parcel, Medtram - an office/warehouse facility, is in the Preliminary Plat stage, and should be a compatible use. Mr. Chapdelaine has indicated that if a building permit cannot be issued by June 1, the interested buyers must find a different site in order to meet their lease arrangement and construction schedule. In reviewing this request, the applicant would ask that a building permit be granted prior to completion of platting requirements. They are willing to work with the City to meet all setbacks and plat requirements and will initiate the plat with the building permit as granted on this parcel. Again, in review of the parcels within the City, this seems to be unique and there do not appear to be many parcels that would meet these provisions of the Zoning Code. Community Development Director DCR/js Attach. S(� V \ G�c 14 RT OF 010.0 P t�ctgat �dp�t�a'� � e Me me k DS IL QA E T Of t H VE ...:� Q i �� A � e► P O --4- — -2S-4 3p-� ti ae n -� OZO—CL \ TA ' 9A S-7 February 26, 1990 TO: Eagan City Council FROM: LeRoy Chapdelaine REGARDING: Platting Requirement on property described on attached addendum. I respectfully request that the City of Eagan grant a waiver of the requirement that this property be platted before construction commences. The buyers of this property want to plat this property, but must start construction by June 1, 1990 so that they can move in by September 1, 1990 when the lease on their existing property expires. I understand that a conditional use permit must be obtained and that necessary site plans must be submitted with that application. Sincerely, LeRoy Chapdelaine Abstract of Title to The following described tracts, pieoes or parcels of lend situate, lying and being in the county of Dakota and State of Idinnesota, to -wit: - 1 The North Three and thirty-five one -hundredths (3.35) acres of all that part of the following described lands lying westerly of the r center line of the road (now commonly called and known as Trunk Highway No.l or Jefferson highway), to -wit: -The South Ten (10) acres of the South- east quarter of the North-west quarter (S.E.3, of N.W.q) and. of the North- east quarter of the South-west quarter of SA -U, all in Section el (12), Tovinship Twenty-seven (27), Range Twenty-three (23), accord- ing to the Government Survey thereof. s _` S9 S, OF 10-29 010-28 PART OF \ 010.29 \ � � PART OF 010- 28 (S> q ° c iv \ 'LOT 12 ` AUD. SUB. No. 38 GS i ` `�°•,� 2366.83 �61 a• M ;I •RT OF \1 r 010 �• " % 15 Oa i PART, - OF �- 010- so - Agenda Information Memo March 6, 1990 City Council Meeting COMP GUIDE PLAN AMENDMENTIREZONINGYRELIMINARY PLATNVILMUS ADDITION F. Comprehensive Guide Plan Amendment & Rezoning, Wilmus Addition, Independent School District #196, from R4 to PF (Public Facilities) and a Preliminary Plat of One Lot and an Outlot on Approximately 18.2 Acres for an Elementary School, Joint Powers Agreement for Development and Maintenance of the Park and School Site Located Along the East Side of Johnny Cake Ridge Road, South of Diffley Road in the Northwest 1/4 of Section 28--A public hearing was held by the Advisory Planning Commission at its last regular meeting held on February 20, 1990 to consider an application as submitted by Independent School District 196 and the City of Eagan requesting a preliminary plat, Comprehensive Guide Plan Amendment, and rezoning for the purpose of locating an elementary school and an adjoining park along the east side of Johnny Cake Ridge Road, south of Diffley Road in the northwest 1/4 of Section 28. The applications are for one lot for the elementary school and one outlot for the park. The Advisory Planning Commission is unanimously recommending approval of these items. For additional information on this item, please refer to the report prepareA by the Planning and Engi!Moug Depart ents enclosed on pages &through . Also enclosed on pages h are copies of the APC minutes regarding this item. Also included in this item is a Joint Powers Agreement between the City of Eagan and Independent School District #196 for the development and maintenance of the park and school site. For a copy of the Advisory Parks and R�tion Commission minutes regarding this item, please refer to pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a Comprehensive Guide Plan Amendment and rezoning, a preliminary plat and a Joint Powers Agreement for an elementary school and park as proposed by Independent School 196 and the City of Eagan. Gi CITY OF EAGAN SUBJECT: PRELIMINARY PLAT, COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING (WILMUS ADDITION) APPLICANTS: INDEPENDENT SCHOOL DISTRICT 196 CITY OF EAGAN LOCATION: SW 1/4 OF THE NW 1/4 OF SECTION 28 EXISTING ZONING: R-4 (MULTIPLE RESIDENTIAL) DATE OF PUBLIC HEARING: FEBRUARY 20, 1990 DATE OF REPORT: FEBRUARY 13, 1990 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY: An application has been submitted to and by the City requesting a Preliminary Plat, Comprehensive Guide Plan Amendment, and Rezoning for the purpose of locating an elementary school and an adjoining park. The applications are for one lot for the elementary school, and one outlot for the park. BACKGROUND: School District 196 is proposing a 78,965 total gross square -foot (55,400 square foot building footprint) elementary school. The building has the same floor plan as Pinewood Elementary School in Eagan, only mirrored to accommodate this particular site. The building will contain two pre-school or special education classrooms, three classrooms for kindergartners, twenty-four first through fifth grade classrooms, and one "swing" classroom to be used as needed. The student capacity level is 775 with an anticipated first-year enrollment approximated between 700 and 710. The applicant believes the second year's enrollment will be at capacity. Employment projections have not been calculated as of yet; however, the approximated figure is forty-five full-time employees. The school anticipates breaking ground this spring (1990) for classes to commence in the fall of 1991. EXISTING CONDITIONS: The 18.21 -acre site is currently zoned R-4 (Multiple Residential). The Rezoning will change this to P (Public). Both of the proposed uses are permitted in the P district. A Comprehensive Guide Plan Amendment is necessary for the proposed Lot 1, Block 1, as it is currently guided D-11 (Mixed Residential, e - 6 units per acre). The elementary school/park location is east of Johnny Cake Ridge Road, north of the high line trail, and west of Trails of Thomas Lake and Clemson Drive. There is an existing path which meanders along the southern property line. This path connects with another existing pathway which runs north and south along Johnny Cake Ridge Road. The site is generally open and grassy with a few significant slopes along the south and southwest property lines. These areas are heavily wooded and provide a natural buffer to adjoining properties. SITE PLAN: The site plan indicates that access is gained from Johnny Cake Ridge Road directly across from Nestling Circle. The access drive splits. One drive follows the building to the north and 29 parking spaces are located there. The access drive also follows the building to the south and forms a loop. Approximately 67 parking spaces are located at this end of the building (47 parking stalls are located inside the loop drive). Ninety-six total parking stalls have been provided, including two handicap stalls. The southern end of the loop drive will require the removal of a number of trees. The landscape plan does not indicate any type of plantings on the berm for this location. Consideration to the landscaping of this particular area should be studied, for the grading necessary for the drive loop will expose this portion of the hill to the bike path below. The grass areas located next to the building will be sodded and the rest will be seeded. The athletic fields will be seeded, as well. A large area in the south and southwest and portions of both Lot 1 and Outlot A will be left in its mature natural vegetation state. The steep terrain and the number of mature trees create a natural buffer. The proposed park plan indicates a softball play field, an open play area, and a soccer field. The fields will not be lit and the parks department does not have plans to light these fields. The educational portion of the building will be two stories; the administrative portion is a single story. The building will be constructed of brick. As of the date of this report, the applicant's review committee has not selected a color choice. -A flagpole will be located at the main entrance area of the school. (0 3 GRADING DRAINAGE AND EROSION CONTROL: This development incorporates a section of land with considerable variations in topography. The maximum elevation differential is approximately 80 feet along the southern end of the site. The southern half of the site contains steep slopes that are wooded and the area has established grass covers to control erosion. The northern half of the site has been graded and contains established grass cover with a limited amount of woods. The preliminary grading plan proposes a maximum cut of 32' and the maximum fill of 8'. Approximately the eastern two-thirds of this development will direct its surface water runoff to the south into Pond BP -6. Pond BP -6 is just south of the Highline Corridor Trailway. This pond currently receives runoff from the Mallard Park and Woodgate Additions and does not have a storm sewer outlet presently available. The staff recommends that an outlet be provided through the installation of a storm sewer lift station and force main which would discharge into the Thomas Lake Road storm sewer system. The design of the levels of Pond BP -6 should take into account the Highline Corridor Trail that runs along the north side of the pond and also the high water level should protect the existing oak trees along the south side of the pond. The western one-third of the site will direct its surface water runoff to the existing storm sewer on Johnny Cake Ridge Road which drains to Pond BP -9 in the Mallard Park 3rd Addition. Pond BP -9 currently has an outlet to the south to Pond BP -10. Pond BP -10 drains easterly across Johnny Cake Ridge Road into Pond BP -6. The proposed grading plan will not be disturbing the wooded area in the southwest corner of the site and the wooded steep slopes along the south end of the site. These two areas will help to provide a buffer to the south and southwest for the neighboring residential areas. This development will be responsible for all internal storm sewer laterals necessary to handle storm water runoff generated from this development and to intercept the runoff from the Wilmus property to the north. The storm sewer to drain the Wilmus property shall be designed to handle a five year flow of 13 cfs. The construction of the proposed storm sewer from Pond BP -6 to the ball field area will require disturbance of the wooded, steeply sloped area in between the pond and the ball field area. The development shall take special care in protecting this steep slope after the construction of the storm sewer to limit erosion into the park and Pond BP -6. During the grading operation and before the storm sewer system is complete and ready for operation to drain the ballfield area, the development shall provide for a temporary sedimentation basin to limit runoff from the ballfield area to the wooded, steeply sloped area along the south end of the site. Also, additional silt fencing shall be placed along the top side of the steep slope area along the south end of the site. WATER RESOURCES: The proposed elementary school site is located within Watershed B as identified in the City's Comprehensive Storm Sewer Plan. Most of the ponds within Watershed B are tributary to Blackhawk Lake. Pond BP -6 which receives the storm water runoff from the proposed elementary school site is currently classified as a nutrient trap in the City's Draft Water Quality Management Plan. The review of the water quality impacts that the development would have on Blackhawk Lake was not completed at the time of the preparation of the report. UTILITIES: Sanitary sewer of sufficient size, capacity and depth is available along the west side of the site in Johnny Cake Ridge Road. The development will be required to remove and replace a section of Johnny Cake Ridge Road to allow connection to the existing sanitary sewer. Watermain of sufficient size and pressure is readily available to handle this proposed development through an existing 16" watermain in Johnny Cake Ridge Road and an existing 8" watermain to the east in Clemson Drive. The proposed utility layout plan is proposing to connect to the existing 16" watermain on Johnny Cake Ridge Road and loop a watermain through the development to provide water service to the building and fire protection to the site and then loop up to future Clemson Drive. When Clemson Drive is upgraded and connected to the west to Johnny Cake Ridge Road, then the 8" watermain on Clemson Drive will be extended and connected to the looping system provided by the developer. The connection to the existing 16" watermain in Johnny Cake Ridge Road will also require street removal and replacement. The developer shall locate the sanitary sewer and watermain connections on Johnny Cake Ridge Road in the same trench to minimize the disturbance to the existing street. STREETS/A CCE SS[ CIRCULATION: The preliminary site plan proposes to provide access to the school from Johnny Cake Ridge Road at the intersection with Nestling Circle. The circulation of the site appears to be adequate with a looping driveway through the parking lot that will allow buses to drop off the students at the school and then loop back to the access driveway off of Johnny Cake Ridge Road. A concrete valley gutter is required along Johnny Cake Ridge Road at its intersection with the proposed driveway at the intersection of Nestling Circle. A secondary access will be provided off of Clemson Drive when Clemson Drive is upgraded. The location of this intersection should be at least 125' east of the intersection of Johnny Cake Ridge Road and Woodgate Lane. (o,5 EASEMENTS/RIGHT-OF-WAY/PERMITS: This development shall dedicate all easements necessary for the internal sanitary sewer, watermain and storm sewer systems of sufficient width as required by alignment and depth. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Department of Health, etc.) are acquired prior to final plat approval. FINANCIAL OBLIGATION - WILMUS ADDITION BASED UPON THE STUDY OF THE FINANCIAL OBLIGATIONS COLLECTED IN THE PAST AND THE USES PROPOSED FOR THE PROPERTY THE FOLLOWING CHARGES ARE PROPOSED. THE CHARGES ARE COMPUTED USING THE CITY'S EXISTING FEE SCHEDULE AND CONNECTIONS PROPOSED TO BE MADE TO THE CITY'S UTILITY SYSTEM BASED ON THE SUBMITTED PLANS. IMPROVEMENT PROJ USE RATE QUANTITY AMOUNT LATERAL BENEFIT STORM 169 PF 18.78/FF 240 FF $ 4506 SEWER TRUNK STORM SEWER TRUNK 216 PF .083/SF 433,422 SF 35974 STORM SEWER 216 SF .056/SF 146,000 SF 8176 LATERAL BENEFIT SANITARY 86 PF 16.55/FF 742.39 FF 12287 SEWER TRUNK LATERAL BENEFIT WATER 126 PF 23.38/FF 1092.39 FF 25535 TRUNK JOHNNY CAKE RIDGE ROAD 216 PF 24.65/FF 1092.39 FF 26927 UPGRADE WATER AVAILABILITY CHARGE 538 PF 2285/AC 9.95 AC 22376 TOTAL $135781 C�� CONDITIONS: WILMUS ADDITION 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, b2, B3, B4, Cl, C2, C4, C5, D1, El, F1, and G1. 2. The development will be responsible for providing a storm sewer outlet to the northerly adjacent property adequately sized to accommodate approximately 13 cfs of runoff. A. H. 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 -01-1 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 Im rovements 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 Se tember 15 1987 Revised: PLATAPPR.CON LTS #1 6/12/89 �oq LI ' 16 L'--- --/ � m ELEMENTARY SCHOOL #16 r 42SO JOHNNY WE POW MAK UWNESOTA 8$122 f �r I 1 — Fa y Tk 'ICS ! t efR ro HXPEMEWSCHM DNIFWI 1100 _ ELEMENTARY SCHOOL #16 4290 AODM. dK! Wa 1400 L40W WNW90TA 11151111 ' 1 1 , .4�' - - ^ _ ��.�� � SSS,• �� r 1 � \ 119 /,� i ,• � r `,,�, / ! �111`I IIS` �a._t`—/ �� •i \�\\ \ • ., 1 •1 ` 1 1 � ri \ err SII � 1 11• �� ' ;: � / ' 1 1 7. / I I I i / 1 1 •/ r// �� lI �/ I �% l +r I �,�/any � 1 J ,_i ' i f l l ,� • • i ��I Illo rll / A ql 1 , 7 % I IIIIII("'' 1� `b,' $p �► j Cry --4 — .�I--E —� � �\ _ E � t I � ■ i! ISE T SCHOOL DISTRICT #11" : ' •� - •—" EMENTARY SCHOOL #16 M - - - . -- 4350 J0,•1RY CAKE 1100E ROAD EA"K UPME00TA 50,22 - __ . r I - f ELE1rEHTAAY SCHOOL 014 cm iww am 1 w ■m+ WWA MIMPMA W" ......� ��..� " _ — yN ,ODM. am um wr Sww - Dara 00, � � M1:• N --:J o� w�It.!� r � x wry ie 41 V� ._ to i I L L- --- o0 1 � � n h D �, •• ..:..Y �w �: �" ,r '+ .w Y Y •w ." 1� w w rr' O1 P'q ii -1 '1 '+••� �'w SII �• .� s - rr' .r 1. 1/ .►�� ! !I � ,� 1 �! = �� `•. ��� � ,_ m WWI tow r • r. 'm imam OM! NR If SA4M yp1A M�f ��w.���� 1 loom -VJEVeNTAFIY SCHOOL #0 z r� r� � N r c f I f I 1 I 1 loom -VJEVeNTAFIY SCHOOL #0 J CL. VII 4i .C� .. • P-2 CL.V N GL 90-28 -5� @ CL. VII ` aPL. / CL. V .r CL. V - CL. / tL.Yll. CCL. VII L / 1 I -EP! B-! V11 . k LL.1 B- -RP-5 =-17 OP -5 2 r,L. a /Q BP -23 —laVII ' tL.VI yP �� 4 M1 BP•6 V P IL CL. V• PP -5 I Lvl a -o ��L°-?• -tt.W/OP - � u"�I CL. W GL. VI ire CL.ill t -..I 19 All /\9 OF �•` /l CL D*$1 jam... •J SP -7 -I♦ L OP - 22 tL.1 4'i - .-- L.1v L - 'BP -3f ea -12 CL.V11 �a-T CL. VI BP'38 CL. VI eP32 IV it OP -3e I CL. VII I ; LS; tL CL 11 -_, � SP -37 OLP •i -.�ry.Y� ' �► CL. V aLR�... , a!,/ V` ' j -GL; W1 •.y .L VII I 44L. Direct Contact Class I / _BLP -59 L 14 r CL VII ....• __... _ Indirect Contact Class II P- t aL. w / al►- L1 y a. w i Scenic Recreation Class 111 < 4 aLP-P Wildlife Habitats Class IV 1 OLP-1 el. Iv Nutrient Traps Class V LP -8 eL. vu Sediment Basins Class VI Stormweter Basins Class VII i�rlwsrtnOo s+Mr"e'e � ..wl�+.N. WATER QUALITY PLAN i„k A Aa.o�f�alr. .L 10111" a�..a.r. 'W ATERSHEO B 16 Gate: 11 Comm. Page 8/EAGAN ADVISORY PLANNINd:: COMMISSION '-MINUTES February 22, 1990 asked how long the cars had'ch::':-1ncated at the center. Mr. Colon stated the cars had been present for sixty days. Hoeft moved, Staehli seconded, the motion to close the public hearing and deny a condit Anal.::; use:.,p.a mit to allow an automobile rental facility in the Biam.3 M. :01.j -ned Development located on Lot 1, Block 1, Bicentennial.-:---ft-=fit•' A ition and Lot 1, Block 2, Bicentennial Second Addition, south 'of YaWee Doodle Road and east of Federal Drive in the northeast quarter of:.-.Section 16, as requested by Federal Land Company because tp werepresent violations of City Code. All voted in favor. RILLMUS ADDITION/INDEPENDENT Bc800L DISTRICT NO. 196 Chairman Graves opened the public hearing regarding a Comprehensive Guide Plan amendment, a rezoning from Multiple to Public Facility, and a preliminary plat of one lot and an outlot on approximately 18.2 acres fox::n::::elementary school located along the east side of Johnny Cake Ric'lW: to ,.:..south of Diffley Road in the northwest quarter of Section 28, City Planner Jim Sturm summa` the applications for the Commission. Eric Linner (Wold::::*iPX:-: associates) explained the project. John Willmus (EHW) questioned:::tie:"S'ize of the area to be rezoned. Kathy Rushlin had concerns regarding the zoning of the north property. City Planner Jim Sturm explained that the zoning on that property would remain the same. , ... t c ::::regarding regarding the drainage. Commissionmember Trygg ...:::...:.•.. Assistant City Engineer Mike Foertsch ;explained the improvements. Chairman Graves questioned the roact :bhangC Mr. Linner explained that the change was necessary to fgrove:;:;the parking circulation. Commissionmember Markley asked if-::'*'the ::: hools were designed for future conversion. Mr. Liner stated it bard not been a consideration in the designs. Jerry Bertsch (ISD 1196) explained the planning considerations and future conversions. Commissionmember Gorman asked when :.#.die City would review the zoning. Community Development Director :::bale Runkle explained the process. Commissionmember Trygg questione&the location. Mr. Bertsch explained the rationale. COWZkAig Markley had questions regarding the water qualitg::::::::,S. -:::City Engineer Mike Foertsch explained the water quality treatment. ...)Eric Liner described the landscaping in response to Chairman Gfevesf questions. Mr. Sturm pointed out there was adequate landscaping:' � I Page 9/EAGAN ADVISORY PLANNINt;: COMMISSION - - NUTES February 22, 1990 Trygg moved, Hoeft seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment from a Multiple designation to a Public Facility designation for an elementary school on approximately 18.2. acres located along the east side of Johnny Cake Ridge:::::::c: : :h::: of Diff ley Road in the northwest quarter of Section' '�'8';.:;as 'retested by Independent School District No. 196. All voted in favok`:' Trygg moved, Gorman secondQd+::::the::°iabtion to approve a rezoning from R-4 (Multiple) to PF: #;tclity) of approximately 18.2 acres located along the east:: -,s cte of Johnny Cake Ridge Road, south of Diffley Road in the northwest quarter of Section 28, as requested by Independent School District No. 196. All voted in favor. Trygg moved, Merkley seconded, the motion to approve a preliminary plat of one lot:a.nd an outlot on approximately 18.2 acres for an elementary school s*:t4�::3gcated along the east side of Johnny Cake Ridge Road, south of W-:ft:ley::::Raad in the northwest quarter of Section 28, as requested by :::lncepeident School District No. 196, subject to the following conditi6hs: 1. These standard condi; Q#tS:::'''`of plat approval as adopted by Council action on September:: -:J -5:-`A987 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C4, C5, D1, Ei, F1 and G1. 2. The development will be responsible for providing a storm sewer outlet to the northerly.:.:ad:lac?nt:.:.property adequately sized to accommodate approximately 13CF$::::c ::::.runP All voted in favor. GOpBER RAGAN IMDUBTRIAL PAU'::-3RD ADDITION GOPHER SKELTIMG CO., INC. Chairman Graves convened the public hearing regarding a preliminary plat for two lots on..:. -7.5 acres of Planned Development/Light Industrial zoned propity located north of Yankee Doodle Road, east of Highway 149 in the ibUtheast quarter of Section 12. City Planner Jim Sturm presented the:..application summary to the Commission. He requested the additionf two conditions regarding ingress and egress and no off-site parking "' Dram - 415/90 INDEPENDENT SCHOOL DISTRICT NO. 196/CITY OF EAGAN SCHOOIJCITY DEVELOPMENT AND USAGE SITE JOINT POWERS AGREEMENT AGREEMENT, made this day of February, 1990 between the CITY OF EAGAN, Dakota County, Minnesota, and INDEPENDENT SCHOOL DISTRICT NO. 196, Dakota County, Minnesota. WHEREAS, the City of Eagan is a Minnesota municipal corporation duly organized and existing under the laws of the State of Minnesota (hereinafter "Eagan"); and WHEREAS, Independent School District No. 196 is duly organized and existing under the laws of the State of Minnesota; and WHEREAS, Eagan has acquired 8 acres of land in Eagan known as the Willmus Park site for the purpose of constructing a park; and Independent School District No. 196 has acquired approximately 10 acres of land known as the Willmus site adjacent to the City site for the construction of an elementary school; and WHEREAS, Independent School District No. 196 and Eagan desire to jointly develop the property allowing both parties to develop the total acres as one parcel according to the Minnesota Joint Powers Act; and WHEREAS, the City of Eagan and Independent School District No. 196 historically have had a long and positive working relationship. The joint development of the Willmus site provides the City of Eagan and Independent School District No. 196 with a unique opportunity to work together again in an exciting manner; and WHEREAS, the joint development of the common site affords both parties benefits that could not otherwise be provided and that will be valued for the years to come; and WHEREAS, working together on this project, the City of Eagan and Independent School District No. 196 will be able to save tax dollars and provide additional services to the area. NOW, THEREFORE, the parties agree as follows: I. DEVELOPMENT PLANS. The parties jointly approve the plans and specifications (exclusive of plans for development of the school building) for the joint development of the property as set forth on Exhibit A. II. SCHOOL DISTRICT DEVELOPMENT. At the time of building construction, Independent School District No. 196 shall be responsible for the costs incurred and the implementation of the following development items: A. Survey and staking cost for the athletic fields, the school building, parking lot and utilities. B. Site grading, topsoil placement and turf establishment. C. Backstops and maintenance strips for the softball fields. D. A minimum of one hardcourt, bituminous play surface. E. 100% of the cost of play equipment. F. Two (2) basketball standards. G. All bituminous trails and sidewalks to provide pedestrian transportation access to the school building. See Exhibit B. H. Shrubs, edger and mulch for school building foundation plantings and other plant materials. All plant materials shall conform to the City of Eagan Landscape Policy. Plants are to be located as identified in Exhibit C. III. EAGAN DEVELOPMENT. The City of Eagan shall be responsible for the costs incurred and the implementation of the following development items: A. In consultation with Independent School District No. 196, Eagan shall be responsible for design development, bidding, and installation of the play equipment, play perimeter and resilient material. B. Costs associated with the preparation and submission of the Landscape Plan for -conformance with the City's Landscape Policy. C. Standard soccer goals. D. All bituminous and soft surface trails, which provide internal pedestrian access to recreation facilities. E. Players benches, park benches, and concrete maintenance pads. F. All costs for surveying, staking and labor for installation of all plant material and landscape items, as approved in the Landscape Plan. G. For purchasing plant material identified in Exhibit C. This plant material may be purchased and installed over a two year period. H. In consultation with Independent School District No. 196/Wold Association, Eagan shall be responsible for the preparation of design and specifications for playfield grading, seeding/sodding and backstops to be included in the school district's specifications. The City shall provide inspection services for same. I. Aglime for the infields. IV. USAGE. Independent School District No. 196 shall have jurisdiction of the entire property for the purposes of scheduling activities during the regular school year from 8:00 a.m. to 4:30 p.m. on school days and during the summer school program from 8:00 a.m. to 1:00 P.M. The City of Eagan shall have jurisdiction of the entire property for the purposes of scheduling recreation activities (with the exception of the school building) at all times other than designated above. V. NON-SCHEDULED USAGE. If either of the parties wishes to schedule activities outside of that party's designated time jurisdiction, as stated above, permission must be given by the other party in writing. A party may have an exception to its time jurisdiction, including but not limited to the following: A. Independent School District No. 196 scheduled evening and weekend activities. At this time, Independent School District No. 196 shall have jurisdiction over the parking lots and on some occasions, the grounds. B. The City of Eagan maintenance during school days/hours. C. Casual users of the park during school jurisdiction so long as there is no disruption or interference with scheduled activities. 3 �3 R VI. SCHOOL DISTRICT MAINTENANCE. Independent School District No. 196 shall be responsible for all labor and material costs for the following maintenance items: A. School budding. B. Snow removal and sanding of the parking lots, access roads, internal access drive and hard surface play area. C. Sealcoating, patching, and sub -grade correction, striping and typical maintenance of the parking lot and access road. D. Ground maintenance adjacent to school budding as identified in Exhibit D including snow removal and sanding the sidewalk adjacent to the school in order to provide pedestrian access. VII. EAGAN MAINTENANCE. The City of Eagan shall be responsible for all labor and material costs for the following maintenance items: A. Turf and grounds maintenance, including: mowing, seeding, sodding, fertilization, and weed control within the area identified in Exhibit D. B. Sealcoating, patching, and maintenance associated with all trails, as indicated in Exhibit B. C. Playground facility. D. Park furnishings including benches, goals, backstops, etc. E. Lining and striping of athletic facilities. F. Color coating of hard surface play areas. G. Removal of diseased or dead trees, tree pruning, tree fertilization, tree wrapping and replacement. VIII. MISCELLANEOUS D PMENT COSTS. Independent School District No. 196 and the City of Eagan shall share equally in the cost for the following administrative items associated with zoning and platting. A. City and County zoning/platting filing fees. B. Preliminary plat and final plat costs. 4 XIV. ACCESS. Each party shall provide the other party with reasonable access (as agreed to by the parties) to the other party's property (excluding school building) so long as either the City continues to operate its property as a city park or Independent School District No. 196 continues to operate its property as a school facility. This Agreement shall survive the termination of this Agreement. XV. RIGHT OF FIRST REFUSAL AND TERNIINATION. A. Termination. Either party may terminate this Agreement by advising the other party by one year's written notice of its intent to discontinue use of its property for the purposes set forth in this Agreement. B. Upon receipt of the notice of intent to discontinue, the parties may agree upon a value of the property to be acquired or each party shall select an appraiser to appraise the property. The two appraisers so selected shall select a third appraiser within 30 days or either party may apply to the Chief Judge of the District Court of Dakota County, Minnesota, to appoint a third appraiser. The three appraisers shall appraise the property according to its market value, taking into account its then current use and zoning. The average of the three appraisals shall be binding on the parties. The appraisals shall be delivered to the parties within 60 days of the appointment or selection of the third appraiser. C. Election. The non -terminating party shall then have nine months after receipt of the binding appraisal or agreement of value to elect to purchase the terminating party's property for cash or upon such terms and conditions as the parties mutually agree. The closing shall be held within 60 days from the election of the purchase. �� 6 C. C. Independent School District 196 and the City of Eagan shall pay for their own legal and engineering fees associated with the surveying and platting process for their respective land parcels. IX. MISgUj ANEOUS UTILITY COSTS. Subject to construction of a school building, Independent School District No. 196 shall be solely responsible for costs of utilities, including electrical, sewer and water, into the site. The City of Eagan shall pay for all costs for any security light(s), if so installed or located near the play equipment, trails access points, etc. X. SCHOOL BUILDING COSTS. Independent School District No. 196 shall be solely responsible for all costs associated with development and construction fees directly related to the school building, including building permit fees, SAC and WAC charges, road unit, and water treatment plant charges. XI. SPECIAL ASSESSMENTS. Each parcel shall be responsible for assessments which may be proportioned to that parcel according to City Assessment Policy. XII. DAMAGE COSTS. Independent School District No. 196 shall be responsible to recover damage costs and/or pay for (or repair) vandalism to school building, its appurtenance and parking lots. The City of Eagan shall be responsible to recover damage costs and/or pay for (or repair) vandalism to the athletic and park facilities. XIII. ADDITIONAL COSTS. Any additional physical improvements to the property other than maintenance, excluding the school building and the placing of portable classrooms on the property (but which location of portable classrooms shall be agreed to by the City) after initial construction exceeding $5,0.00 in cost must be mutually agreed upon in writing by both parties. 5 4;- ;- In the event the non -terminating party does not elect to purchase the terminating party's property, the terminating party may sell the property to any entity or person. XVI. ADDITIONAL LAND. Each party may add or substitute other land to its parcel, but the terms of this Agreement shall apply to such additional or substituted land. XVII. RECORDING. Either party may record this Agreement. with the Dakota County Recorder. XVIII. AMENDMENT. This Agreement may be amended in writing by agreement by both parties. M. HOLD HARMLESS AND LIABILITY INSURANCE. Each party shall hold the other harmless from any claims or causes of action that may arise on the property owned by each respective party, and each party shall acquire adequate liability insurance covering all buildings and improvement located on the property owned by each party. INDEPENDENT SCHOOL DISTRICT NO. 196 CITY OF EAGAN By: By: Thomas A. Egan Its Chair Its Mayor By: By: E. J. Van Overbeke Its Clerk Its Clerk 7 Dated this day of Dated this day of m rf 7 k i 1 ,I � I t i I 1 I� r, 9 J V 1 • ELEWENTARY SCHOOL 116 •: pN jMWW CM r Wo" [tort MMGWA WM I � 1 I i I i i I� 0 flli . � A its er_9 S LAW •1 J f4 ca� � • lr � 1�y �=7�i 1 1 � P ..l 1 o /! .f 1 l t 1 � MY 90HOOL *16 1' j n CL Jill r .. LAW -1 'y scloxx 001140 1m Ei AWNTARY SCHOOL 016 V C a 1 . 1 I I I I 1, n CL Jill r .. LAW -1 'y scloxx 001140 1m Ei AWNTARY SCHOOL 016 ADVISORY PARKS AND RECREATION COMMISSION MINUTES OF FEBRUARY 1, 1990 MEETING PAGE 6 The review and planning process has taken approximately 3 years to get to this point and City Engineer Tom Colbert presented the Council with an overview of that process at their meeting on January 30. They focused on the priority section, capital improvement section, implementation strategy and education. After the program administration and overview were reviewed the Council did not take action. They were supportive of the plan philosophically but were concerned about the funding. The Task Force and Developers group will be meeting again to review the final draft and John indicated he would attempt to get copies for all Commission members to review. George Kubik congratulated all those who have worked so long and hard on this project and thanked them for a job well done. John VonDeLinde commented that the Clean Water Partnership Grant for $26,000 was approved by the City Council. The grant will be for Schwartz Lake with the diagnostic work to be completed by 1991 followed by implementation of a program to be completed by 1992. He also noted that the Storm Water Drainage Plan will be reviewed with Engineering and will go to the Council for approval. George Kubik stated that he had had several requests for information regarding lake protection and asked if staff had a supply available for the public to access. John VonDeLinde noted that he would get copies and have them available for people requesting this information. He also stated he would contact Mr. Hunter and Mr. Carroll regarding the next meeting for the Water Quality Plan. LANDSCAPE POLICY Mr. Vraa reiterated that the Council did not have an opportunity to review this policy at their last workshop but will be reviewing it at their February 13th meeting. It is expected the Council will give direction to the Commission at that time. DRAFT JOINT AGREEMENT - CITY OF EAGAN/SCHOOL DISTRICT 196 Director Vraa explained that he has met with Jerry Bertsch, Principal on Special Assignment for School District 196 regarding the joint development agreement for the school/park property previously acquired from the Willmus Family properties. The agreement in the packet for the Commission to review is similar to the previously completed agreement for Woodlands Elementary School/Mueller Farm Park. It is anticipated that after the Commission's review and the review by school district officials, the final draft will be presented to the City Council with the preliminary plat. q� ADVISORY PARKS AND RECREATION COMMISSION MINUTES OF FEBRUARY 1, 1990 MEETING PAGE 7 George Kubik suggested that on Page 2, under Paragraph III there be placed information regarding standards and criteria for the development of city equipment and design. After further discussion, Dick Carroll moved, Shawn Hunter seconded with all members voting in favor to accept the Draft Agreement as proposed. TRAIL DEDICATION POLICY Shawn Hunter asked what the status was of the Trail Dedication Policy that was recommended to the City Council. Mr. Vraa responded that the formal ratification was sent to the City Council and will be reviewed next Tuesday after which if will become effective immediately. EAA STORAGE Ken Vraa explained that the house that EAA is currently storing sports equipment in at Pilot Knob and Cliff Road will be moved to make way for the expansion of the water treatment facility. Because of the move, EAA is looking for a new location to store their equipment. Staff has looked at several options in considering this issue including relocating the existing structure to another site. After looking into this option it was determined that it would be cost prohibitive and perhaps consideration should be given to incorporating storage area with a park shelter building. The highest priority for EAA is to establish something that would be permanent. They are willing to pay for a building and originally were considering a 3 car garage building if the City could help with finding a location for such a building. The other requirements EAA has for a building are a minimum of 800 square feet, easily accessible and secure. George Kubik asked if there was a preference for a geographic location. Mr. Vraa responded that that was not a preference, rather permanence was the highest priority. Ken asked the Commission for any thoughts or ideas they may have for providing some assistance in this situation. George commented that consideration should be given to the visual impact to the park depending upon which park this building would be located. He suggested that perhaps an annex or addition to an existing or planned building to control the building parameters would be desireable. Michele Swanson suggesting considering Rahn Park where a building could be incorporated with the existing Rahn shelter building. Dick Carroll suggested considering a pre -fab again similar to what is at Well Site Park. Ken Vraa also mentioned that EAA is open to volunteering to help with the actual work on the building in addition to paying for their portion of the building. Agenda Information Memo March 6, 1990 City Council Meeting REZONINGlCOMPREHENSIVE GUIDE PLAN AMENDTREATMENT FACILITY G. Rezoning and Comprehensive Guide Plan Amendment, City of Eagan, of .63 R-3 (Townhouse) Acres to a PF (Public Facility) District for a Water Treatment Facility Located at the Northeast Intersection of Pilot Knob Road and Cliff Road in the Southwest 1/4 of Section 27--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on February 22, 1990 to consider an application by the City of Eagan for a Comprehensive Guide Plan Amendment and a rezoning of .63 R-3 acres to a PF designation at the northeast intersection of Pilot Knob Road and Cliff Road. The preliminary plat for this item was approved at the February 20, 1990 City Council meeting. It is now necessary to also approve a Comprehensive Guide Plan Amendment and a rezoning for that project. The APC is recommending approval of this item. For additional information on this item, se refer to the Community Development report enclosed on pages � through Also enclosed on page is a copy of the APC minutes regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a Comprehensive Guide Plan Amendment and a rezoning of .63 R-3 acres to PF at the northeast intersection of Pilot Knob and Cliff Roads for the purpose of constructing a water treatment facility. L SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, APPLICANT: CITY OF RAGAN LOCATION: SW 1/4 OF SECTION 27 EXISTING ZONING: R-3 (TOWNHOUSE) DATE OF PUBLIC HEARING: FEBRUARY 22, 1990 DATE OF REPORT: FEBRUARY 14, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: The City of Eagan is processing applications for a Comprehensive Guide Plan Amendment and a Rezoning of .63 R- 3 (Townhouse) acres to a PF (Public Facilities) designation at the northeast intersection of Pilot Knob Road and Cliff Road. This site contains a vacant house that was acquired by the City from Dakota County during the Pilot Knob Road improvement process. In January 1990, a public hearing was held for a Preliminary Plat allowing the construction of the City's second water treatment facility. The Council is scheduled to review that item on February 20, 1990. This small area was included with the plat. 0- VAOW—'-�L JIP! f dn ism= WL m a Wit lk - '7ms. 's , Ft� je U . 'IJ - g•, ��� �� 1, =i - j >; CL Zia, 3b it WO v Fes QWL JIM Iir le I o W � 1 �\ \� � • ,I,f► fll� l r 1 ' Q I y .\�•� ` ISI .fillct LU ul II o 'i CO i , � � i4 `� — �• �� �� 'moi ('�``1.• \� r. !. x a a1Q'la{7 Mi M0NIl� .IIL��iIfM Page 11/EAGAN ADVISORY PLANNIN0 COMMISSIoN::: dINUTES February 22, 1990 5. No outdoor speakers shall be allowed. 6. The development is required to provide a 5 cfs storm sewer outlet to the storm sewer syst. ­. � ::#? -.'.: rt ::;: puz't • 7. The development is required to sgbmit detailed plans for the construction of the proposed re3.ninq;:►all for staff review and comment. 8. The development is required to limit nutrient loadings to Burr Oak Pond to predevelopment levels. 9. An easement for ingtese:;.;.:and egress to the rear lot must be obtained and approved by th+e::::City; ;:At.t.orney' s office prior to final plat approval. 10. No off-site parking sh'' allowed on the lot. 11. No over-the-counter retail sales shall be allowed for Lot 2. All voted in favor. CONNOLLY ADDITId f WXTP.. ft%kTXENT FACILITY Chairman Graves convened t* p jic hearing regarding a Comprehensive Guide Plan amendment:::: and :a:::rezoning of .63 Townhouse acres to a Public Facility district fojt*::k water treatment facility located at the northeast intersection of Pilot Knob Road and Cliff Road in the southwest quarter of Section 278 to be known as Connolly Addition. Trygg moved, Gorman seconded, thi."intion to close the public hearing and approve a Comprehensive GlAde Plan amendment of .63 Townhouse acres to a Publie•.•i.:!ict for a water treatment facility. All voted in favor. Trygg moved, Staehli seconded, thei, ion to approve a rezoning of .63 Townhouse acres to a Public Facility district for a water treatment facility located at the northeast intersection of Pilot Knob Road and Cliff Road in the southwest quarter of Section 27. All voted in favor. r&1 Agenda Information Memo March 6, 1990 City Council Meeting CONDITIONAL USE PERNIIT ARIANC N PUBLIC RADIO H. Conditional Use Permit and Variance, MN Public Radio, to Allow Radio Towers in an LI (Light Industrial) District Looted West of Highway 13, North of Silver Bell Road in the South 1/2 of Section 18--A public hearing was held by the Advisory Planning Commission at its last regular meeting on February 22, 1990, to consider an application from MN Public Radio for a conditional use permit to allow construction of three 300' radio towers and a variance application requesting a 200' variance for each of the three towers. The towers would be located west of Highway 13 and north of Silver Bell Road. The APC is recommending denial of both items. A letter from Dick Reynolds, a member of the Natural Resource Committee of the Minnesota River Valley Audubon Club, regarding environmental issues and the construction of radio towers is enclosed on pages throughA CoMmunity Development report on this item is enclosed on pages U3 t ought/ Also enclosed on page(s) J0j:jZ2-is a copy of the APC minutes regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit and variance for Minnesota Public Radio to allow three 300' radio towers in an LI (Light Industrial) district. 0 February 22, 1990 Planning Commission, City of Eagan 3830 Pilot Knob Road Eagan, Mn 55122 Dear Commission Members I represent, and am a member of, the Natural Resource Committee of the Minnesota River Valley Audubon Club. I am writing to inform you that our committee has just recently written Minnesota Public Radio in regards to their proposed construction of radio towers in Eagan. We have raised seven questions regarding environmental issues. Those issues are summarized as follows: 1. We believe the area for construction is a wetland and immediately adjacent to a calcareous fen. Therefore, we asked if they had contacted the Corp of Engineers to - determine if a permit under Section 404 of the Clean Water Act was required. If so could we receive a copy of their permit application. 2. Section 404 (Clean Water Act) requires applicants to identify methods of construction to minimize negative effects to wetlands. We requested a summary of all methods of construction they are planning to minimize negative effects. This Section also calls for the applicant to mitigate any damage to a wetland and we requested a copy of their mitigation plan. 3. Did they investigate any locations for construction of these towers that where not located in a wetland. If so what were they and why were they rejected. 4. Due to the small electrical charge of the buried radials, considering the critical nature of the ion quality of water in a fen, it has raised questions as to the nature of run off water into the adjacent calcareous fen. We asked if they had researched such effects, what were their conclusions, and requested copies of research reports dealing with the interaction of electrically charged radials and groundwater run off. 5. Because the proposed recharge wells by the MWCC is intended to refill both the beaver ponds and Kennealy Creek and will be located in their proposed site has this been considered in their plans. Will the return of surface water interfere with their construction. 6. Have they contacted the U.S. Fish and Wildlife Service, Minnesota River Valley Wildlife Refuge Park manager, or the Department of Natural Resources regarding this site for construction. If so could we receive a copy of their response. dol 0 7. Finally our most important issue. Migratory song birds are protected and we believe that their towers are within a migratory route. We have information that such towers have created high levels of avian mortality. We asked for any references or reprints of any research which they took into consideration of their selection of this site. In lieu of that we recommended that they contact Dr. Dwain Warner (former curator of the Bell Museum and Professor of Ornithology at the University of Minnesota) for consultation. Dr. Warner is considered an expert in this matter and has conducted studies specifically in the Minnesota River Valley. Our committee is not opposed to development, however, we are all aware of the environmental issues and confrontations that came to light after the construction of the Seneca Plant began. We believe it is prudent to have all environmental issues raised and resolved before permits and variances are approved. We, therefore, request that you table this issue until the above questions are resolved to everyone's satisfaction. Sin rely, t Dice ReypXIlds Committa�- Member Natural Resource Committee Minnesota River Valley Audubon Club Resident Address: 1794 E. Bluestone Dr. Eagan, MN 55122 Phone 454-3503 Committee Chairperson: Ms Nancy Goetzinger 5937 Dupont Ave. So. Minneapolis, MN 55419 r SUBJECT: CONDITIONAL USE PERMIT AM VARIANCE APPLICANT: NIMSSOTA PUBLIC RADIO (IPPR) LOCATION: 8 1/2 OF SECTION 18* MRS. FERN PEDERSONIS PROPERTY EXISTING ZONING: LI (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: FEBRUARY 22, 1990 DATE OF REPORT: FEBRUARY 15, 1990 COMPILED BY: COMMUNITY DEVELOP1= DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Minnesota Public Radio requesting a Conditional Use Permit to allow construction of three 300' radio towers. Section 4.50, Subd. 3E, states: "No wind energy conversion system or TV/radio antenna supporting tower shall exceed a height of 100', or the distance from the tower 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." A Variance application has been submitted requesting a 200' Variance for each of the three towers. BACKGROUND: Minnesota Public Radio operates KNOW 1330 AM (f.k.a. KSJN 1330 AM). Presently, the transmission facility is located at 1370 Davern Street in St. Paul, looking to increase their transmission coverage area. MPR believes the proposed Eagan site would be beneficial to the residents south of the metropolitan area because MOW 1330 AM is a "directional" station and most of the radio signal is transmitted north at their present site. Improvements on the existing site are nearly impossible due to FAA restrictions which would prohibit the increase in height to the towers, and the lack of available land. Originally, MPR applied for a Conditional use Permit in August of 1989. The Advisory Planning Commission denied their request for the following reasons: 1. Citizen opposition 2. The fall space and the 350' Variance request 3. The Scenic Easement 4. Aesthetics 5. Potential problems with interference MPR withdrew their request prior to the City Council meeting. The application was then resubmitted and was scheduled to appear on the December 21, 1989 Advisory Planning Commission meeting. However, 0-3 P, Iq 14 Minnesota Public Radio, in consulting with its professional engineers, decided to withdraw their application to further address the concerns of the Planning Commission and several of the neighboring residents. MPR withdrew their .application the day of the meeting. COMMENTS: Currently, the subject property is owned by Mrs. Fern Pederson. She has signed a letter of consent for the application. Mrs. Pederson's property is currently unplatted; it has been the City's policy to not allow improvements or structures on Outlots. PROPOSAL: The proposal consists of three radio towers, -each 300' in height. There will be a fenced area of 32' x 32' around each tower. The towers are 24" on a side and do not support any land. Each tower will be enclosed by a 6' non -climbable fence with lockable gate. Each tower has 18 guy wires extending from it, totalling 54 wires. The applicant has proposed the project will nominally affect the site, however part of the tower construction requires 120 radials of copper wire 300' in length, evenly spaced, buried 6" deep around the tower (360 total). The site plan indicates the extent of the ground radials and the 100% fall radius. The three towers fall do not meet the requirement that they must fall completely within their own property. All three of the towers will cross property lines. This also means that the buried ground radials would be located outside their property lines. The applicant has decided to wait and propose the transmitter building when, and if, this Conditional Use Permit is approved. They have suggested constructing the building on Mr. Lester Spencer's property which abuts Fern Pederson's property to the south. Mr. Spencer's property is currently zoned R-1 (Single Family). The applicant intends to place underground all utility lines between the transmitter building and the towers. If above ground lines and wires are necessary, they will extend "substantially" horizontally to the towers above ground at least 8'. If approved, the Conditional'ushermit shall tieect to the following conditions: 1. Improvements to outlot A, Seneca ]addition and the .Pederson property will require platting. I r 'A • � Stet • • � �� `• � �•, y Jr• / _••• r •�� • �/ ,, - . ' ••'� yrs' �ei ''` ''• . 1^ ,•Y: v m=� -1 IL I r 'A • � Stet • • � �� `• � �•, y ` '1 ONO ' a sii � p 1^ / IL m=� -1 I r 'A • � Stet • • � �� `• � �•, y . 1 1^ / IL IL I r • � Stet • • � �� `• � �•, y . 1 3tt�xslQ i'3SS •ji�} is j`�'1 ��. • •! uaF�p�Ft3_Y Baa tsuo�lt?��Q l •'Y w !�` - � :;; • a,•f• •�;� otlsd ZFtti--id 2'40sauuT .. ��:1 •' 4'1�'- '�—,; t `_ Ski .041 �•aai �• I r Giil! v e m r z m cn W I ::i e e -n n 7r iS J m A $ © 39 .x of e n o Mwu Ill n Vol 6, .. 2 6 C '~� W N O R \ p \ q ^ \ 11 \ O \ \ w w N tl n N w ^ N L A W A N C W z 1 1 1 n m X o 0 o Mn�l� W N GENERAL NOTES 1. TOMER DESIGN CONFORMS TO EIA STANDARD RS -222-0 FOR SO IPM BASIC MIND SPEED MITN 0.30- RADIAL ICE MITH LOAD DUE TO MIND REDUCED BT 251 MHEN CONSIDERED SIMJLTAIEOUSLV MITN ICE PER SECTION 2.3.17 OF THE STANDARD. 2. MATERIAL: ,Al TOMER MEMBERS 3/4- AMC LARSEa FV -30.000 PSI. 0) TOMER TEASERS LESS TNAN 3/4- FT -36.000 PSI. 3. FINISH: NOT DIPPED GALVANIZED AFTER FABRICATION. FAA CODE PAINTED PRIOR TO SNIPNENT. 4. INSULATION: MSE INSULATOR. 3- FIBERGLASS STRAIN INKLATORS NEXT TO WV LUGS. OUT LIME INSULATORS AT 73 FT MAX. SPACING. 5. ANTENNAS: 1101E S. MIN. MELDS 1/4- UNLESS OTHMMISE SPECIFIED. ALL MELDING TO CONFORM TO AMS SPECS. 7. A-1 LIGHT KIT IN CONDUIT PER FAA AC 70/7460-16. ! rrrcoy certify that this plan, specifi- �-':;uln, ur report wos prepared by me or ,1„C•cr my dire: supelvk,' r d th -ito;� C,MIy Fegl :erect Pri4 Mon 1 �n or unifier the laws of t C Sta oT M i Date "s Registered No.0 ,71ri y Z D W J W M W 2 D H KSJN/KNOM NG. FILE NO. MINNEAPOLIS. MN A— *z. It 300'.PI-ROD, INC . GUYED TOMER A Br IDA F DATE PLYMOUTM,INDIANA 46563 DESCRIPyt DAT I CRF 22-NDV-SG G.- NEER SCALE DNC. NO. PAGE REVI IONS G. AS N&EO, ,09B21.IP8906-216A1 DF 3 NOTES: 1;;• U y `� 1. INNER GUY ANCHOR RADIUS = 100' ',T''I' F r� 2. OUTER GUY ANCHOR RADIUS = 200' NFE 3. 61 x 6' BUILDING ADJACENT TO T -OF EACH TOWER. N « �w 4. 120 RADIALS OF #10 AVG COPPER t / o 300' IN LENGTH (EXCEPT WHERE T / I w . CATED AT PROPERTY BOUNDARY OR COPPER STRAPS) EVENLY SPACED A DEPTH OF 6" ABOUT EACH TOYER. 5. 24' x 241 EVANOED COPPER SCBE _ INSiAIIEO AT THE BASE OF EACH ti ` \ / J TOWER. In I . •, � ,� 11 •,'; '`-, .1° EXTENT OF GROUND RADIALS 1 �j (ALSO CORRESPONDS '' i TO 100% FALL RADIUS) 1w �' ° GUY ` o o I;I ANCHORS •i L i �� d � w 1Li LAgo 4 4 ',p E • ' ' 4 r Q FIG. 1.1 CARL E. SMITH CONSULTING ENGINEERS PROPOSED KNOW ANTEto 2324 N. CLEVE•MASS RD, PDX 2727 SYSTEM LAYOUT (300' TO' BATH. OHIO 44210.2727 Minnesota Public Radix 216/659.4440 D Minneapolis, MN W-4 tzf l _d 01 A 6-4 Z� ......... XjNuTZS OF N:: REGULAR 101ft= OF THE EAGAN ADV19ft..7 PLANNING:::.COMISSION 0 A regular meeting of the Eagan Advisory Planning commission was held on Thursday, February 22, 1990, at 7:00 p.m. at the Eagan Pre Graves Merkley, Trygg, Municipal Center. sent .. I Gorman, Hoeft and Staehli.' ** Also present were Community Development Direci�oi'*bil-"*"Ikiulk-'1-6, city Planner Jim Sturm, 0 Assistant city Engineer Mike fte'rtsci�':::and city Attorney Mike Dougherty. Two items were added to the agenda: Item E - Eagan Center Fifth Addition - Resolution for TIF Plan; and Item F - Transportation Plan/Yankee Doodle and Lone Oak. ............... `-&-r Merkley requested a deletion raw -b -e January 23, 1990. COmmisdib"'A''..5 ........... on page 15, the last paragraph r41giiding billboards should read: "commissionmember Merkley to city Code deleting the exception language from the.. He also requested a chih4 ei . on page 13, paragraph 3, the third sentence should read: "Commissionmember Voracek requested better graphics of the chimney." commissionmember Graves noted that on page 1, the spelling of commissionmember Hoeft"sion. He also requested a 1W ........ t,".: .. change in terminology from..-6ject" in the motions under the organizational Business. Gorman moved, Trygg seconded,*::::the m6ilon to approve the January 23, 1990 Advisory Planning Commission . . afi-i'tes as amended. All voted in favor. At this point, Chairman Graves explained the Advisory Planning Commission procedures to the commission and the public. CONDITIONAL USE PERNIT AND VARIANCSfUNNESOTA PUBLIC RADIO t4 Chairman Graves opened :::c hearing for the evening regarding a conditional use :::.: a variance to allow radio towers in a Light Industrial district....I..ocated west of Highway 13, north of Silver Bell Road in the south half -:::b% f Section 18. Page 2/EAGAN ADVISORY PLANNING:COMMISSION idNUTES February 22, 1990 City Planner Jim Sturm summarized the applications for the Commission and presented the background information. Tom Kigin (vice President for Administration of Minnesota Public Radio) introduced Al Warmus ..:.(engineer).,. Bill Mahley (attorney) and Bill Cushman (appraiser) . I.:.:.rles:: .the shortcomings of the existing facilities and pres6i'itiid"*, ]id* iiett::.Isroposal. He explained that the ground system would not extend::.:3byond:::1he property lines. He felt the use was appropriate, that.t met:z.oning requirements, that it provided open space and met tb'eigi'rs' concerns. He described MPR's operation. He explaitec::.:.:'Che:::`:.t?trage areas of FM and AM stations and described the '''electrz�x�' process. He informed the Commission that MWCC would acquire fall radius easements. He further described the listening audience, the neighbor contact and the new population coverage. He stated MPR was willing to enter into a Development Agreement to guarantee compliance with the conditions. He reported that the towers would meet the fall radius and provided diagrams showing the towers frs-ga*.:d.�f,ferent perspectives. Bill Cushman (appraiser) descr bed' -:::`the effect of the towers on the property values. He concluded. that . th.0-*- was no difference in the selling price before or after the::;cvftion of the towers. Tom Kigin assured theiiissiondtthatRRwhaddcure obtainedyanadio FAA interference at its expense. He state permit. He described the lighting and stated that the type of lighting could be a condition. He felt the towers would not effect the wetlands, pointed out that the site was once a farm and that fences would be placed arQuud;.;the:•:•tow. rs.. He urged approval of the applications. Betty Bassett expressed her b4ief bat it would violate zoning laws to approve the applications:.She pointed out that the wetland was drying up and that there were other aittlable locations. She felt the variance would place a hardship oit.: the neighbors. She had concerns regarding the guywire. She urged the Planning Commission to uphold the law. Ted Tennis advised that the MPR hAO changed its position. He stated that the height would exceed the.:.Iiieight restrictions. He had concerns regarding the guywire. He felt'. a reasons for denial were still valid. Fern Pederson informed the is"that the property would be developed if the present proposal failed w Page 3/EAGAN ADVISORY PLANNING'COMMISSION,Iri-NUTES February 22, 1990 • is ectives were misleading and Sheldon Raniron stated that::..t.P the appraisals inaccurate. He had concerns regarding interference and referenced an interference article. Al Ehrens pointed out that the surrounding neighbors were there first. He had concerns regardiiaq:::;t ::���1 radius, interference and zoning. He questioned the rule "Ci4iio. Mike Hazel (neighbor) was :..xn agreement with the previous neighborhood speakers. Kee Twan Lo supported ':'*Cii"e �-stat:o' "*and felt it was good for the community. Lester Spencer, 3726 Cedar, had no concerns regarding the towers. He stated that he used to live on the property and that geese never flew low enough to affect the:.towers. He explained that the neighbors :.# ait::::the Pederson's deserved the right to opposed everything and felt sell their property. Gordon Eistad opposed the towers. Tom Kigin distributed hanG.ot}s Chairman Graves had questions regarding the need for the wetlands and interference with appliances. Mr. Kigin stated his concerns were unnecessary. Al Warmus (engineer) a lained.•.that•.•any type of interference had never been unfixable in h:::::?!?�?:�: He explained the facility would be low power and directional"arid'�'. it would meet the FCC regulations. Mr. Kigin reported t ;fit th*:::Army Corp, DNR and FAA had approved the project. Chairman Graves asked if the easements had been acquired. Mr. Kigin stated that it could be a condition. Commissionmember Markley asked for an explanation of the rule change. Mr. Kigin explained that the FCC was revising its inter -radio interference levels. Mr. Warmus further detailed the rule change. He stated that a filter would protect the CB and that computers could aj�c be protected. He pointed out that computers were used on the s'te. Mr. Kigin reassured the Commission that MPR would:j ...... rence and would post a bond. Mr . Warmus announced ti#at- 40 'vc��d:;:�Place car radios if there was interference. Commissionmember Trygg asked for a*i":explanation regarding the feasibility of the change. Mr. Kigin pointed out there would felthe reduction in the land area served. Commissionmember Trygg Commission should focus on the -land use and the hardship. She felt s Page 4/EAGAN ADVISORY PLANNING'COMMISSION:44INUTES February 22, 1990 that the applicant did iitit '' ii6�t" the variance requirements. Commissionmember Merkley stated that the application exceeded the Code height by 200% and further that the fall radius would not be met. City Planner Jim Sturm explained that City Code required a variance as defined in Chapter 13. Chairman Graves questioned the area zoning. Mr. Sturm ::rea zoning. Chairman Graves explained the criteria fot"a cork : tibna :;:use permit and stated that the burden of proof had not been,: met .::t ity Attorney Mike Dougherty explained that the recently appray.pd conditional use ordinance could be applied. Commissionmember Gan st$tied he had concerns and felt GQ that the proposal wasn't r_e-::::than the previous proposal. Commissionmember Hoeft was the visual image when coming into Eagan. He felt the application did not meet the conditional use test. Trygg moved, Hoeft seconded, the motion to close the public hearing and deny a conditional use permit and a variance to allow radio towers in a Light Ir�U trxa.l district located west of Highway 13, north of Silver Bell Roai�i::::;ici:;:e south half of Section 18, as requested by Minnesota Public Radios#' -:::1.. :::the following reasons: 1. Three of the five reasos.:.:fa::A`n'l by the Advisory Planning Commission in August, 1989, as.:.fctcws: (a) Citizen opposition; (b) the fall space and the 200 foot variance request; and (c) aesthetics. 2. Lack of meeting the condtoii use standards c(2), (3) and (7). 3. Poor visual image at the enttAmce is o All voted in favor. standards, specifically: Eagan. DIFFLEY CEDAR PLAXNND D1rWZWPi ZNT/LOLDT PROPERTIES Chairman Graves convened the next :;:public hearing regarding a rezoning to amend the Splashland Planned b;velopment to allow a mixed use multi -family residentiak-:.::;::s:•::::::atail development and a Comprehensive Guide Plan aa>$'t:: :gPecification of development within an existing Commercial 'Planned bevelopment designation of located in theta;:northwest corner of the approximately 41 acres intersection of Highway 77 and Diffley 96ad in the southwest quarter of Section 19. Agenda Information Memo March 6, 1990 City Council Meeting REZODOnK MPREHENSIVE GUIDE PLAN AMENDMENT DIFFLEV CEDAR PLANNED DEVELOPMENT I. Rezoning, Diffley/Cedar Planned Development, Koldt Properties, to Amend the Splashland PD to Allow a Mixed Use Multi -Family Residential and Retail Development and a Comprehensive Guide Plan Amendment for Specification of Development within an Existing CPD Designation of Approximately 41 Acres Located in the Northwest Corner of the Intersection of Hwy 77 and Diffley Rd in the SW 1/4 of Section 19--A public hearing was originally held on this item before the Advisory Planning Commission on January 23, 1990. The item was continued until the February 22, 1990 Advisory Planning Commission meeting. Separate applications were submitted requesting a comprehensive guide plan amendment and a rezoning of the existing Splashland Planned Development to allow a mixed use multi -family and retail development on approximately 41 acres along the north side of Diffley Road, west of Cedar Avenue. The City's Iand Use Plan designates this area as CPD (commercial planned development). The APC is recommending approval of both applications. Enclosed on pages, through /Z `/ for the Council's information is a memo from City Planner Sturm explaining the revisions to the applications between the January 23 and February 22 Advisory Planning Commission meetings. Attached to that memo is a copy of the original Commuipty Development Department report concerning this item. Also through are copies of the Advisory Planning Commission enclosed on pages F� minutes for both the January 23 and ebruary 22 meetings. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning and comprehensive guide plan amendment as requested for Diffley/Cedar Planned Development by Koldt Properties. �(3 MEMO TO: GARY GRAVES, CHAIRMAN ADVISORY PLANNING COMMISSION MEMBERS FROM: JIM STURM, CITY PLANNER DATE: FEBRUARY 15, 1990 RE: DIFFLEY/CEDAR PLANNED DEVELOPMENT At the January 23 Advisory Planning Commission meeting, this item was continued at the applicant's request prior to action by the Commission so they could review the concerns expressed that night and to see if possible modifications to the site plan could be made. Since that time, the following changes have occurred: The retail square footage has been reduced from 73,000 sq. ft. to 41,000 sq. ft. which includes a 28,000 sq. ft. retail center and two free-standing pads containing 5,000 and 8,000 sq. ft., respectively. For comparison purposes, the Eagan Convenience Center along Duckwood Drive containing the Dairy Queen is approximately 18,000 sq. ft. and Thomas Lake Center consists of approximately 43,000 sq. ft. in the retail building alone (not including any free-standing pads.) The total number of residential units has been lowered by 17% from 494 to 412. The previous proposal had two 140 unit apartment clusters. The revised plan has one 108 unit apartment grouping. The overall density has been reduced from 15.8 units/acre to 11.9 units/acre. The Commission also requested further review of the relocation of the Cable TV/North Central facility. The applicants have stated their desire to accomplish this and another exhibit has been attached showing how the site would ultimately be designed if the relocation took place. The original staff report has been attached and all conditions still apply. -<� 14� Citf Planner JS/j s I�� i i i {y z \ 11`\ V `\ - gall I 1 101.1 HIS MAdL1 0 I - "'ice P I I v.,s : --r" N 'N �� J U' 4Z - I f; �� X / - ikh, I D�D zz \�—1 s 51 SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, PLANNED DEVELOPMENT AMENDMENT (REZONING) DIFFLEY/CEDAR PLANNED DEVELOPMENT APPLICANT: KOLDT PROPERTIES LOCATION: SW 1/4 OF SECTION 19 EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: JANUARY 23, 1990 DATE OF REPORT: JANUARY 17, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment and a Rezoning of the existing Splashland Planned Development to allow a mixed use multi -family and retail development on approximately 41 acres along the north side of Diffley Road and west of Cedar Avenue. The City's Land Use Plan designates this area as CPD (Commercial Planned Development). BACKGROUND: This area was rezoned in 1982 from GB (General Business) to the Bluffview Planned Development consisting of .17 acres, allowing a motel/hotel, offices, and other GB uses. However, nothing was constructed and in 1985 the area was increased to approximately 33 acres and the Splashland Planned Development and Preliminary Plat were approved. Splashland would have been a water theme park, but the Final Plat was never completed. The current applicants wanted to include the Cable TV North Central site, but over the past months they have been unable to reach an agreement on the terms and the relocation of the existing facility. The intent was to move the studios into the proposed retail center and remodel the building for clubhouse purposes. The applicants would still like to acquire the site in the future if negotiations can be worked out. This revised site plan has reduced the retail component from 100,000 sq. ft. to 73,500 sq. ft., including a 55,000 sq. ft. retail center with three free-standing pads consisting of 7,500, 6,500, and 4,500 sq. ft. building pads. There are three building styles proposed in the residential area, instead of the two originally shown. They include: a townhouse style unit, smaller three story type apartment building with private entrances, and the typical elevator type apartment building. The applicant feels that a mixed use, multi -family and neighborhood commercial development is an appropriate use of the site because it can be developed as an identifiable community with strong physical boundaries. The commercial development along Diffley Road will reinforce its image as a commercial street and the residential development will take advantage of the views towards the Minnesota River. j(? EXISTING CONDITIONS: The site is highly visible as one enters Eagan from the north. The applicant is proposing to take advantage of the panoramic views towards the Minnesota River where the vertical distance between this site and the river is over 100 ft. The land is open grassland, falling gradually towards the northeast property lines where it then falls dramatically. Adjacent land uses are: the Superamerica store to the west, E -Z Mini -storage to the north, Cedar Avenue to the east, and Metcalf Jr. High School to the south. Enron Gas Company is also along the northeast corner of this site. ENRON GAS COMPANY: Enron's major concern was having direct access to their facility, as well as the buried gas lines on the site. Enron, Minnegasco, NSP, and Peoples Natural Gas are users of this facility. This facility is NSP's main feeder to St. Paul and Minnegasco's to the north. The facility is a point of exchange where gas supplied by Enron is distributed into local utility pipelines. Gas pressure is also reduced from the trunk lines to the local lines. Enron typically generates two to three trips to the site a week, along with monthly inspections of the utility easements. Service -type vehicles are smaller trucks and pickups; big vehicles are only needed in the event of an emergency or necessary major repair. If there was a gas leak, there would be little or no chance of an explosion since gas is lighter than air and it would naturally dissipate. The Moundsview pipeline fire a couple of years ago was a gasoline fire. PROJECT SCOPE: The site plan shows 31.1 acres of housing with the following breakdown: 2 140 unit apartment courts 280 units 2 90,000 & 60,000 unit clusters 156 units of smaller style apartments 48 unit rental townhouses 48 units Total Units: 484 units This adds up to 15.6 units per gross acre. The retail area with a total building square footage of 73,500 sq. ft. on ten acres has a gross lot coverage under 17%. Limited Business and Neighborhood Business zoning districts allow 20% coverage, with other districts either 30 or 35%. The applicant feels that the approximately 4,000,000 sq. ft. Mall Of America in Bloomington will be a major contributor to the development of this site since it will employ approximately 5,000 people. The residential component will consist of three housing types: an eight unit townhouse style building with attached garages, a rowhouse style building with individual entries and underground parking, and a three story apartment building with elevators and heated underground parking. In addition, a 5,000 sq. ft. clubhouse will be constructed at the entry to the residential development. The clubhouse will be the visual focal point for the development. It will feature steeply pitched roofs, tall interior volumes, and expansive windows to take advantage of views to the west and north. It will house the management and leasing offices, party room, recreational amenities, and outdoor swimming pool overlooking the river valley. The eight unit townhouse style buildings with attached garages will feature stepped roof massing ranging from one story over the end garages to three stories at the center. Each unit will have on - grade entries and each building will have one and two story dwelling units ranging in size from 1,030 sq. ft. to 1,350 sq. ft. The three story rowhouse building is unique to the Minneapolis -St. Paul market. It offers the identity and feel of townhouse buildings by having individual on -grade entries for each unit. A primary benefit of this plan is the development of courtyards that will feature entry doors and bay windows and that will express the smaller scale of individual units. The underground parking will accommodate 1-1/2 cars per dwelling unit, which will allow more landscaping in the entry courts. The elevator apartment homes with underground parking are grouped in two neighborhoods, one at the north end of the site with views over the river valley, and one at the southeast edge of the site visible from the main entrance. The shape of these buildings maximize views and encloses landscaped courtyards. Unit sizes will range from studios, 815 sq. ft. one bedrooms, to 1,200 sq. ft. two bedroom units. The architectural treatment will emphasize traditional elements including steep pitched roofs, bay windows, covered balconies, and enclosed screen porches. The townhouse style buildings will be massed and detailed as a large country house with prominent chimneys. The rowhouse building will feature articulated entries and facades, and the elevator apartment homes will emphasize a contemporary architecture, and will develop a strong end profile of paired chimneys visible from the valley and Cedar Avenue bridge. The primary exterior materials will be brick, stucco and horizontal lap siding. PROJECT TEAM: Pfister Architects of Minneapolis are the project designers. They were the architects for the Thomas Lake Pointe apartments along Thomas Lake Road. They also did the design work for the Residences at Edinborough in Brooklyn Park, the Bristol Apartments in Bloomington and the exterior of the Timberwolves arena presently under construction in Minneapolis. The developer, E.J. Plesko & Associates/Koldt Properties of St. Louis Park had developed major projects throughout the country and locally have completed a 227 -unit Radisson/Ridgedale Hotel in Minnetonka, Market Plaza Retail Center and Tower in Richfield consisting of a 166 -unit highrise located at West 66th Street and Lyndale Avenue and Parkshore Place, a 13 -story 207 -unit, senior care center near Byerly's off Highway 100 in St. Louis Park. I (q GRADINGZ DRAINAGE EROSION CONTRO • Although no grading, drainage and erosion control plan was submitted at this time with this application, the development in concept proposes a single area which may potentially store storm water runoff. The existing drainage over the proposed development is generally northeasterly toward Cedar Avenue. The City's Comprehensive Storm Sewer Plan shows this area tributary to Pond AP -6. Pond AP -6 is a designated ponding area in the City's Comprehensive Storm Sewer Plan. Pond AP -6 is located north of the E -Z Mini Storage Facility and southerly of the Cedar Avenue/T.H. 13 interchange. An area of increasing sensitivity for the City is the impact of development on downstream waterbodies receiving site generated storm water runoff. No water quality analysis was performed at this point but the development will be subject to a detailed analysis and subsequent requirements when the development reaches the platting stages of development. UTILITIES: Sanitary sewer service of sufficient depth and capacity to provide service to the proposed development is readily available along the westerly side of the property. No sanitary sewer trunk improvements are required as a result of the proposed development. A 12" trunk water main service has been provided to the proposed development in two locations. With the construction of the Cedar Avenue Freeway, a 12" trunk water main was stubbed to the development's northeasterly corner. A 12" trunk water main also exists along the westerly and northwesterly boundaries of the property beginning at Diffley Road and extending northerly and northeasterly. The City's Water Supply & Distribution Plan identifies the need for the connection of the existing 12" trunk water main stubbed to the easterly property line during the construction of the Cedar Avenue Freeway and connecting this 12" stub to the existing 12" line at the corner of Diffley Road and Old Highway 13. This 12" trunk water main connection connects the City's intermediate pressure zone with the low pressure zone. The connection of the two different pressure zones will require the installation of a pressure reducing station. The installation of the pressure reducing station is a responsibility of the City's Water Supply Trunk Fund as is the oversizing costs associated with the 12" trunk water main required through this site. STREETS/ACCESS/CIRCULATION: Street widths, easement requirements and right-of-way widths will be addressed in detail as a part of the final platting of the proposed development. /�o kAGAN LW COMMUNICATIONS COJ"WMISSION / 3830 PILOT KNOB ROAD, PO BOX 21199 EAGAN, MN 55121 612 454.8100 M E M O R A N D U M TO: CITY PLANNER STURM //��� FROM: CABLE COORDINATOR REARDON l%'n, DATE: JANUARY 18, 1990 ll�� SUBJECT: DIFFLEY/CEDAR PROPOSED DEVELOPMENT RE: CABLE TV As per our recent conversation, I understand the portion of this proposed development that included the Cable TV North Central site, has been removed from the proposal. This information was relayed to the Burnsville/Eagan Cable Commission at their January lith meeting. There was one concern was raised at the meeting. The Commission asked that any construction, that may take place on the proposed site, be subject to review as to the impact it may have on the operations of Cable TV North Central's system. Specifically, there is a concern that the sight lines for the satellite dishes and tower be not obstructed or so that any structure not interfere with the reception of signals. When and at such time the concept for the proposal be approved, I ask that a condition be included, as and when you determine appropriate, for an analysis of signal interruption/interference. If you have any further questions regarding this item, or if I or the Cable Commission can be of any further assistance regarding the proposal, please do not hesitate to contact me. DIFFLEY/CEDAR PLANNED DEVELOPMENT CONDITIONS 1. A Planned Development Agreement shall be entered into for a five year period. 2. A phasing plan shall be submitted with the Preliminary Plat of the 1st Addition. 3. An overall landscape plan shall be prepared. 4. An overall sign agreement shall be entered into. 5. All rooftop mechanical equipment shall be screened. 6. An overall design theme shall be carried out in the residential area. 7. All commercial areas shall be constructed with the same materials with all sides of the buildings being constructed of the same material. 8. All trash/recycling areas shall be contained within the buildings. 9. All applicable environmental permits shall be obtained. 10. The development is subject to additional requirements as identified by City staff during the platting phases of development necessary to provide adequate public infrastructure facilities to service the development. ( C^*L.-,�� C. • €€ efill, IY. .y 1-7 ` �_ ; \ ,�\\ \�. � -� •.; , .'`� � � ,1 � �� � � I I , - ` til '';1� IJ ���� � � _j•. -} a --ice fir-_ _ -Tt-\ _�— -•� ��i�, ,�t- \\\ ��..��\•{ / ' 1 � / � ��r ! 1 � � � �� `-���) � �--~ '� Arlt ` • Z. \ \\ ��\�\' /moi � � � \,� � ` } \ i /-�� �i'-•\ \ � $. � �� I/,01r \\IPit \�\� �•�->c. rl t)` i Ing Ip • ,w ,wr+. I r �- u u -z Z Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES January 23, 1990 Lexington Avenue, Diffley Road, and the areas northerly and southerly of proposed Lexington Pointe Parkway. 14. The completion of the City's trunk watermain system in accordance with the City's Water Supply & Distribution Plan to serve the proposed development is required. 15. No access to Diffley or Lexington shall be allowed from the outlots. 16. All building plans shall be reviewed by the Advisory Planning Commission and the City Council prior to final plat approval. All voted in favor. Commissionmember Voracek requested that the minutes reflect the Commission's concerns regarding conditions 3, 10 and 13. DIFFLEY CEDAR PLANNED DEVELOPXZMT/KOLDT PROPERTIES Chairman Graves opened the public hearing regarding a rezoning to amend the Splashland Planned Development to allow a Mixed Use Multi -Family Residential and Retail Development, and a Comprehensive Guide Plan amendment for specification of development within an existing Commercial Planned Development designation of approximately 41 acres located in the northwest corner of the intersection of Highway 77 and Diffley Road in the southwest quarter of Section 19. City Planner Jim Sturm reviewed the proposal for the Commission. Mike Gould (utlthe ollowingsregardinq therrdequest:uced eters of the team. He pointed o 1. Isolation from lower density property; 2. Access to major highways; 3. Excellent views; 4. Reference to the Maxfield letter; 5. Excellent for Mixed Use development. ins Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES January 23, 1990 Peter Pfister (architect) reviewed previous projects of Pfister Architects of Minneapolis. He reviewed the Eagan sites and explained the benefits and draw backs. He stated the views are excellent and that Enron would provide landscaping and screening on its site. He outlined the utility availability and reviewed the proposed site plan. Mike Falk gave an overview of the leasing of retail. Chairman Graves explained that the City was looking to down -zone R-4 uses. He stated the proposal looked very nice. Commissionmember Miller questioned the current zoning. City Planner Jim Sturm pointed out the current zoning was Planned Development. Commissionmember Miller asked if the use was appropriate for the zoning. He also asked what would happen when the Planned Development lapsed. Community Development Director Dale Runkle stated that the City must terminate Planned Developments. City Attorney Mike Dougherty explained the process. Commissionmember Gorman commented that the developers did their homework as the proposal was a quality product. He felt uncomfortable accepting more R-4 and strip malls. Commissionmember Miller stated he felt the proposal was a nice affair but that the citizens had stated they did not want more R-4 development. Commissionmember Merkley echoed their concerns. He stated he was against more high density housing. He appreciated the project, but felt there was enough R-4 zoned land in Eagan. Commissionmember Miller asked if the strip mall were eliminated, if the plan would be better received by the Commission. Commissionmember Voracek felt the Commercial needed to eliminated or the density reduced. He felt R-2 zoning would be acceptable. He pointed out the problem with the Cable TV location. Peter Pfister pointed out that the area on the ridge was zoned Industrial. He explained the cable location options. Commissionmember Trygg remarked that the plan was nice but that it would be creating more apartments. Chairman Graves asked what the City would do with the parcel. He pointed out that if General Business use was proposed, the City's hands may be tied. He commented that the project looks very nice but that it was not the best use for the property. Commissionmember Voracek questioned the feasibility of an R-1 development. Chairman Graves referenced the Burnsville development. Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES January 23, 1990 Mike Gould explained that from a planning standpoint, the proposed use would be the best use. He felt down -zoning was an economic issue. He stated that economics were not there for townhouses. He explained that housing can stand on its own merits and that the retail use could be reexamined. Commissionmember Miller suggested a continuance. Chairman Graves questioned if the developer would agree to a continuance or if it requested the matter go before the Council. Mr. Gould stated he would like time to reexamine the matter. Chairman Graves suggested further review regarding the relocation of the cable company, elimination of the R-4 zoning and removal of the retail center. He felt the design was nice. Commissionmember Voracek requested a redesign of the chimney. He pointed out that vacancy in Eagan was high. Miller moved, Voracek seconded, the motion to close the public hearing and continue the rezoning and a Comprehensive Guide Plan amendment for the Diffley Cedar Planned Development as requested by Koldt Properties .to a future Advisory Planning Commission meeting. All voted in favor. PRELIMINARY PLAT/JOSEPH CONNOLLY ADDITION Chairman Graves convened the public hearing regarding a preliminary plat consisting of two lots on 20.6 previously zoned Public Facility acres for a water treatment plant and a park located at the northeast intersection of Pilot Knob Road and Cliff Road in the southwest quarter of Section 27. City Planner Jim Sturm summarized the application and the background information for CoansPublic Works Director Colbert introduced proectdexplaithe necessityfor the project. Tom Noyes explained the treatment plant operation. He described the physical features of the site. Bob. Russig described the layout and the appearance of the buildings. p���ssWozksm pirectorVoracek Tom questionedthe �xplaineditthatr the the entrance. entrance would enhance the appearance. Page 4/EAGAN ADVISORY PLANNI]4d: COMMISSION 'MjNUTES February 22, 1990 that the applicant didrttr::::::at the variance requirements. Commissionmember Merkley stated that the application exceeded the Code height by 200% and further that the fall radius would not be met. City Planner Jim Sturm explained that City Code required a variance as defined in Chapter 13. Chairman Graves questioned the area zoning. Mr. Sturm e4;i$::;ea zoning. Chairman Graves cond'.J.t oni- ::;:use permit and stated that explained the criteria for -a- ' the burden of proof had not beeh**:::met.::%ty Attorney Mike Dougherty explained that the recently approved conditional use ordinance could be applied. commissionmember Goan statied he had concerns and felt that the proposal wasn't i Oren :::than the previous proposal. Commissionmember Hoeft was 'traubled't`garding the visual image when plication did not meet the coming into Eagan. He felt the ap conditional use test. Trygg moved, Hoeft seconded, hearing and deny a conditional radio towers in a Light IrWi�tr? 13, north of Silver Bell Rosi:: requested by Minnesota Public Radlc 1. Three of the five rea Commission in August, 1989, as (a) citizen opposi the motion to close the public use permit and a variance to allow 1 district located west of Highway south half of Section 18, as f4i :::the following reasons: ial by the Advisory Planning (b) the fall space and the 200 foot variance request; and (c) aesthetics. 2. Lack of meeting the 66hdit.ibnK. 'use standards, specifically: standards c(2), (3) and (7). 3. Poor visual image at the ent -nce ift.0 Eagan. All voted in favor. DIFFLEY CEDAR PLANNED DNVRLOPXENT/KOLDT PROPERTIES Chairman Graves convened the next::::Vublic hearing regarding a rezoning to amend the Splashland Planned'ievelopment to allow a mixed use multi -family residentia.k.:.:::::::&Dd:;:: .::r*trail development and a Comprehensive Guide Plan ait-::::sPecification of development within an existing Commercial �Plaiiiieci Development designation of approximately 41 acres located in th4 northwest corner of the intersection of Highway 77 and Diffley A6itd in the southwest quarter of Section 19. Page 5/EAGAN ADVISORY PLANNINa':COMMISSION #!b=ES February 22, 1990 City Planner Jim Sturm explained the application to the Commission and detailed the changes. Mike Gould (Koldt Properties, Inc.) further explained the changes to the Commission. Peter Pf ister (architect) rev�:ewed ::*hd compared the previous proposal to the new proposal. He displayed diagrams and slides of similar developments. He also the zoning changes in the es x�d` City. Mr. Gould further dslides and explained that retail and residential would vb k'`oiell...--tpg6ther. Chairman Graves stated that most of the issues had been addressed and felt that Koldt Properties were responsive to the concerns of the City. He felt it was a nice plan and that the density had been reduced. Commissionmember Markley gtiiS':aned.... if the apartments could be eliminated. Mr. Gould pointed out _tf'iat;:::tlie cost would be prohibitive and that having all townhomes::::: was Apt...' and Commissionmember Markley further had questions :egars3the status of the cable company, site line interferengP_-iJ*hd':::t is use of the strip portion. Mr. Gould responded to his con'.ie -n-9-"and pointed out that the use of the strip portion would be community uses - neighborhood center. Commissionmember Staehli asked for the phasing timeframe. Mr. Gould stated the timeframe was three years. Commissionmember Hoeft asked if there would be drainage.;.:.iAtn.;:the pond. Mr. Pfister stated there would be partial dram:3#: ::?'�Q:::::::e pond. Assistant City Engineer Mike Foertsch the proposed drainage. Commissionmember Hoeft questioned z thesis::would be other recreation facilities. Mr. Pfister explained ,.:that:=:..the matter needed to be explored in further detail. Commissionmember Gorman had questions regarding the Planned Development and the total capacity. Mr. Pfister pointed out that the total capacity would be 750 people. Commissionmember Trygg asked who would manage the site. Mr. Gould explained that Koldt Properties would be on-site managers. Commissionmember Markley ...:to::: ?e:: ►nge was a better plan but still would prefer the eliminiQt::i�aents. Chairman Graves ould"'be nice but that he too had concerns pointed out that the view wCommissionmember �ehli asked if -any si with the apartments. milar projects had already been built by Kcfidt Properties. Mr. Pfister explained two similar projects. Commissionmember Trygg felt there was a good mix and lobe ocationiCeddownofurether.GoMr�.a� uldtthe describeddthe t features needed Pn Page 6/EAGAN ADVISORY PLANNI14;0.COMMISSION''IINUTES February 22, 1990 building materials and the rd'ht6V::zates. Chairman Graves questioned the range of the Planned Development. City Attorney Mike Dougherty explained Planned Developments. Chairman Graves requested .... an„additional condition allowing only two -three story 66 unit;::: ::::iti�te3:::; Commissionmember Staehli requested an addition of "i '-6 ­n, ' gating no gas pumps would be allowed. Commissionmember Merkley rebbmmended Koldt Properties contact the cable company and obtain its :::Agreement with the plan and the relocation of its building.. Merkley moved, Hoeft seconded,' tie motion to close the public hearing and approve a Comprehensive Guide Plan amendment from a Commercial Planned Development designation to a Mixed Residential and Retail Planned Development, of approximately 41 acres located in the northwest corner of the intersection of Highway 77 and Diffley Road in the southwest quarter ..of Section 19, as requested by Koldt Properties. All voted in favoe:-:-*.*;:;::::.:.. Merkley moved, Hoeft seconded,. the::' -motion to approve the rezoning to amend the Splashland Planet -d Devaaciment to allow a Mixed Use Multi -Family Residential and Ratop-1. : i�evelopment known as Diffley Cedar Planned Development, ; •:: :'requested by the Koldt Properties, subject to the following concl:f"ons : 1. A Planned Development Agreement shall be entered into for a five year period. 2. A phasing planshall 1e:::gtssi:th the Preliminary Plat of the 1st Addition. 3. An overall landscape plan shall be::$wepared. 4. An overall sign agreement shall be entered into. 5. All rooftop mechanical equipment shill be screened. 6. All overall design'' ! be carried out in the residential area, to include mat erials,.::;referenced in the staff report. 13 n Page 7/EAGAN ADVISORY PLANNIl COMMISSION:jdNUTES February 22, 1990 7. All commercial areas shall be constructed with the same materials with all sides of the buildings being constructed of the same material. S. All trash/recycling areas::s1i YY:::be contained within the buildings. 9. All applicable environitiei`get$ shall be obtained. 10. The development is subject to additional requirements as identified by City staff during the platting phases of development necessary to provide adequate public infrastructure facilities to service the development. 11. Only two -three story 12. No gasoline pumps sha All voted in favor. will be allowed. CONDITIONAL USE PERMIT/FEDERAL LAND COMPANY 8ICENTEWX- j►L:•:B.L.0 :•:1DDIT20N Chairman Graves convened txie•••public hearing regarding a conditional use permit to allow aii%%*utomd ile rental facility in the Bicentennial Planned Development:;::: locied on Lot 1, Block 1, Bicentennial First Addition and L'a't 1, dock 2, Bicentennial Second Addition, south of Yankee Doodle Road acid east of Federal Drive in the northeast quarter of Section 16. City Planner Jim Sturm presented the application to the Commission. He pointed out to the CQvMission that there were currently 20 to 30 cars present at the sita:::and some For Sale signs. Michael Colon (Federal tdc::;:°: described the project and the location. Commissionmember Hoeft reported that:.:' --the applicants were already in violation of City Code. Commission"iber Merkley had similar concerns. Chairman Graves asked what recourse the City had concerning the matter. City Attorney Mike Dougherty explained that the City could cite the applicants for violation. Commissionmember Merkley