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06/02/1987 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL JUNE 2, 1987 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES �.� III. -6:40 - DAKOTA COUNTY REAL ESTATE ABATEMENTS IV. 6:40 - SET BOND SALE FOR 1987 REFUNDING ISSUES (CONTINUED FROM THE MAY 19, 1987 CITY COUNCIL MEETING) V. 6:50 - DEPARTMENT HEAD BUSINESS ? A. Parks and Recreation Department 1. Brittany 10th Addition 2. Revision to Building Usage Policy P.13 B. Public Works Department 1. Streetlighting Policy 2. Gun Club Lake WMO - City Representation VI. 7:00 - CONSENT AGENDA 1 A. Personnel Items B. Plumbers Licenses ,s C. Temporary Beer License for Fourth of July Committee �fo D. Wine - Beer License for Vi Huong, Inc., formerly Charley Chen's �Restaurant Located in Silver Bell Shopping Center E. Resignation of Otto Leitner from the Airport Relations Committee F. Project 505, Receive Petition/Order Feasibility Report (Country 11 Hollow Addition) P_17 G. Project 496, Receive Feasibility Report/Order Public Hearing (Brittany 10th Addition) P.�?H. Project 487, Receive Feasibility Report/Order Public Hearing (Braun Court) I. Project 480, Receive Feasibility Report/Order Public Hearing (Eagandale Center Industrial Park - Overlay) J. Gambling License for Eagan Hockey Association Dp K. Final Payment Acceptance of Improvement Contract 86-1 L. Final Payment Acceptance of Improvement Contract 86-21 1L4 M. Water Quality Management Plan 9�0-�(N. Project 499, Receive Feasibility Report/Order Public Hearing (Chapel Hill Baptist Church - Streets and Storm Sewer) VII. 7:05 - PUBLIC HEARINGS P -;AP A. Street Name Change, Town Centre Drive, Continued from May 19, 1987 City Council Meeting D -(.e B. Public Hearing for Project 490, Woodgate Lane, Streetlights 1 VIII. OLD BUSINESS A. Establish Business Uses for Pondview Addition Planned Development Located in Part of the E1/2 of Section 16, Abutting Duckwood Drive pp to the North and Pilot Knob Road to the East �-4 B. Rezoning (R & B Addition - Leroy Rother and Gerald Braun) of 2.08 Acres from R-4 (Multiple) to CSC (Community Shopping Center) a Comprehensive Guide Plan Amendment, a Preliminary Plat Consisting of One Lot and a Parking Stall Variance Located North of Crestridge Lane and South of Duckwood Drive, NW 1/4 of Section 15, Continued from May 19, 1987 City Council Meeting p. C. Ultra IV Addition - Ultra IV, Inc. - Preliminary Plat for a Restaurant/Bar with Athletic Fields in a LI District located on Tract F, RLS Lot #4 West of Hwy 13 between Blackhawk & Shawnee Road in the W 1/2 of Section 17 and a Conditional Use Permit for On -Sale Wine and 3.2 Beer Sales, Pylon Sign and Recreationl Use in a LI District, Continued from the May 19, 1987 City Council Meeting IX. NEW BUSINESS 1 A. Codification of 1986 City Code Amendments g B. Special Permit Knutson Rubbish Service - for a Recycling Drop -Off Center on Lot 1, Block 2, Cedar Grove 4th Addition qoC. Waiver of Plat - B.H. Grace - for Duplex Lot Splits on Lots 2 and and 4 of Block 1 and Lot 2, Block 3 of Rahn Ridge Addition p q� D. Variance - Tim Garney - for a 5' Front Yard Setback to Allow a 25 Foot Setback on Lot 33, Block 2 of Wilderness Ponds Addition X. ADDITIONAL ITEMS A. Public Improvement Contracts: P,`o\ 1. Contract 87-5, Receive Bids/Award Contract (Lexington Hills Addition - Sanitary Sewer & Northview Park Trunk Storm Sewer) Continued from May 19, 1987 City Council Meeting P X03 2. Contract 87-12, Receive Bids/Award Contract (Lexinton Sq 6th Addition/Northview Park Rd, Streets & Utilities) Continued from the May 19, 1987 City Council Meeting X05 3. Contract 87-11, Receive Bids/Award Contract (Greensboro 2nd Addition - Streets and Utilities) Continued from the May 19, 1987 City Council Meeting P�e� 4. Contract 87-15, Approve Plans/Authorize Ad for Bids (East Wescott Road) B. Private Improvement Contracts: 1. Contract 87-H, Approve Escrow Agreement/Financial Guarantee Contract (Lone Oak Drive) XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. ADJOURNMENT 2 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 28, 1987 SUBJECT: AGENDA INFORMATION After approval is given to the June 2, 1987 agenda and regular City Council meeting minutes for the May 19, 1987 meeting, the following items are in order for consideration: The City has received a request from the Dakota County Assessor's Office, Mr. Bill Peterson, to process three (3) real estate abatements. Those abatements include 1) Eagan Apartments Associates, 2) Reuben and Joyce Meissner and 3) Carl Rosen. Enclosed on pages _Y through .'!5� is a copy of the notice received from the Assessor's Office and location maps prepared by the Engineering Department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve, deny or modify the real estate abatements as presented for each parcel of property. ABATEMENTS-- May 20, 1987 REAL ESTATE: Approved Eagan Apts. Assoc. Per attached letter from the Mn. Hsg. #10-21951-010-01 Finance Assn. the entire structure Eagan, City of value qualified for 20% ratio - low moderate income. The estimated market value remains at $773,800 but the assessed value should be reduced from $263,092 to $190,740 for 1985, payable 1986. Per attached letter from the Mn. Housing Finance Assn., 75% of the project qualifies for the 20% ratio. Therefore the estimated market value should remain at $3,726,000 and the assessed value should be reduced from $1,266,840 to $902,588 for 1986, payable 1987. Reuben & Joyce Meissner Upon review of the property it was #10-41900-080-01 found that a locational and size #10-41900-090-01 adjustment was used to change value #10-41900-100-01 from a double to a single family #10-41900-110-01 home. Therefore, the estimated market #10-41900-120-01 value should be reduced from $13,500 #10-41900-130-01 to $7,500 and the assessed value should Eagan, City of be reduced from $5,400 to $3,000 (for. each parcel) for 1986, payable in 1987. Carl Rosen Upon review of the property it was found #10-83612-090-01 that the new construction on January 2, Eagan, City of 1986,.was valued as being complete. It was actually only 80% complete at that time. Therefore the estimated market value should be reduced from $192,000 to $157,600 and the assessed value should be reduced from $65,280 to $53,584 for 1986, payable in 1987. 7— ,son- uZ!1 .wau M M E., 1/4 rr ww rn rw Eagan Apartments Association 10-21951-010-01 3 (I� PART OF 010-29 •2�.y 3)3 as M i - - 1 1 1 •tiq � i S 1 � 8 rarE ,16n7t��,- S�"[EfUSft HIGHWAY __„__ � NQ 55 Reuben &Joyce Meissner # 10-41900-080-01 090-01 100-01 110-01 .120-01 130-01 S[ 1pn i.SI 4G3.10-- 763 1 I 12T.Oo 1 Q00 E�l7 CIRCLE _-. N 1[. 1.4� HIGHWAY NO. 28 ____"''"'"'• '°°'."_"' ( Y L11► 1 it 1 i. ^= g-WES OTT I HI LS FO FHW ADM Carl Rosen # 10-83612-090-01 n Agenda Information Memo, June 2, 1987, City Council Meeting Page Two SET- BOND- SALE' FOR. ;1987r REFUNDING ISSUES At the May 19, 1987 City Council meeting, further consideration of setting a bond sale date for the refunding of a cross over issue and water treatment plant revenue bond was continued until the June 2 meeting. The purpose of the continuance was to further review the market and determine whether the bond sale date should be set for the purpose of considering the refunding of the two aforementioned issues. The Director of Finance and City Administrator have reviewed bond buyer interest rate comparisons as provided by both Miller and Schroeder Financial, Inc. and Piper, Jaffray and Hopwood, copies are enclosed on pages through —iL_. It appears that a refunding bond sale is not i the best interest for the City at this time. Please review the Miller and Schroeder Financial, Inc. interest rate comparison sheet general obligation rate column. The interest rate for May 21 is 8.31 compared to 6.85 on January 1 of this same calendar year. It is obvious given that comparison and the comparison on the Piper, Jaffray and Hopwood tax exempt Minnesota Municipal Bond Index, that rates are increasing. It is suggested that the City staff and consultants from Miller and Schroeder Financial, Inc., continue to watch the market and if the rates soften, a bond sale date could be considered at a later date. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a bond sale date with a 45 day window in which a refunding bond issue could be sold for the cross over and water treatment plant revenue bond issues or discontinue any further consideration of the refunding bond issue at this time and ask that the consultants and City staff continue to watch the market for future refunding bond issue consideration. Toll Free Minnesota (800) 862-6002 F-1 Miller & Schroeder Financial, Inc. Toll Free Other States (800) 328-6122 Northwestern Financial Center - P.O. Box 789 • Minneapolis, Minnesota 55440 • (612) 831-1500 Dear Municipal Official: Miller & Schroeder Financial, Inc. is pleased to provide the fol- lowing chart illustrating the weekly rates for general obligation and revenue bonds and the prime interest rate for the past and present q years. The bonds comprising the list include various Aaa, Aa, Al, A2, A, and Baal bonds. BOND BUYER INTEREST RATE COMPARISONS �RKTI CALCULATED OBLIGATION REVENUE PRIME AS OF: RATES(BBI] , RATES <RBI): -RATES -- 1986 1987 1986 1987 1986 1987 1986 1987 Jan. 2 Jan. 1 8.33% 6.85% 8.72% 7.19% 9.50% 7.50% Jan, 9 Jan. 8 8.04 6.70 8.51 7.01 9.50 7.50 Jan. 16 Jan. 15 8.10 6.65 8.54 7.04 9.50 7.50 Jan. 23 Jan. 22 8.05 6.54 8.46 6.92 9.50 7.50 Jan. 30 Jan. 29 7.86 6.56 8.29 6.98 9.50 7.50 Feb. 6 Feb. 5 7.73 6.57 8.24 6.98 9.50 7.50 Feb. 13 Feb. 12 7.62 6.67 8.09 7.09 9.50 7.50 Feb. 20 Feb. 19 7.44 6.62 7.95 7.05 9.50 7.50 Feb. 27 Feb. 26 6.98 6.59 7.66 7.01 9.50 7.50 March 6 Mar. 5 6.88 6.54 7.57 6.92 9.50 7.50 March 13 Mar. 12 6.89 6.61 7.55 7.02 9.00 7.50 March 20 Mar. 19 7.34 6.68 8.13 7.08 9.00 7.50 March 27 Mar. 26 7.21 6.79 7.69 7.11 -9.00 7.50 April 3 Apr. 2 7.15 6.93 7.56 7.26 9.00 7.75 April 10 ADr. 9 7.25 7.27 7.63 7.54 9.00 7.75 April 17 Apr. 16 7.16 7.90 7.55 8.28 9.00 7.75 April 24 Apr. 23 7.22 7.82 7.69 8.16 8.50 7.75 May 1 Apr. 30 7.33 7.85 7.79 8.13 8.50 8.00 m May 8 May 7 7.36 7.86 7.76 8.20 8.50 8.00 May 15 May 14 7.53 7.82 7.91 8.20 8.50 8.00 May 22 May 21 7.78 8.31 8.09 8.68 8.50 8.25 May 29 7.70 8.07 8.50 June 5 7.97 8.36 8.50 June 12 8.08 8.51 8.50 June 19 7.82 8.27 8.50 June 26 7.59 8.05 8.50 Z July 3 7.51 7.90 8.50 July 10 7.45 7.91 8.50 -7; July 17 7.45 7.91 8.00 July 24 7.60 8.08 8.00 July 31 7.54 7.96 8.00 Aug. 7 7.53 7.97 8.00 Aug. 14 7.33 7.64 8.00 Aug. 21 7.06 7.43 8.00 Aug. 28 6.93 7.32 7.50 Sept. 4 7.00 7.37 7.50 Sept. 11 7.15 7.63 7.50 Sept. 18 7.14 7.57 7.50 Sept. 25 7.15 7.55 7.50 Oct. 2 7.19 7.57 7.50 Oct. 9 7.06 7.47 7.50 Oct. 16 7.08 7.50 7.50 Oct. 23 7.11 7.49 7.50 z" Oct. 30 6.94 7.30 7.50 Nov. 6 6.94 7.30 7.50 Nov. 13 6.92 7.29 7.50 Nov. 20 6.78 7.18 7.50 W Nov. 27 6.74 7.16 7.50 Dec. 4 6.77 7.15 7.50 Dec. 11 6.94 7.34 7.50 Dec. 18 6.92 7.31 7.50 Dec. 25 6.83 7.16 7.50 Mi- Minn- B-h9913LI.- 8-h, C.1i fu-i.•S.. Funa,,- ..w M . . ....... . PIPER JAFFRAY INCOME INDEX BOND BUYER'S REVENUE INDEX TAX EXEMPT MINN. MUNICIPAL BONDS 5 Year A -rated Gen l. Oblig ........ .............. 5 Year Aa -rated Housing Rev ............. .. 10 Year A -rated Oerfl. Oblig .... ...... ............ 10 Year A -rated Hospital Rev ....................... 10 Year Aa -rated Housing Rev ...................... 20 Year A -rated Gen l. Oblig ....................... 30 Year A -rated Hospital Rev ....................... 30 Year Aa -rated Housing Rev ..................... .MFFRAY jk, PIPER & HOPWOOD SINCE IN5.MEMBER SIK MEMBER NEWYORKSTOCK EXCHANGE.INC 8.68 % -3.20% 6.10 Week Ending Previous 6.60 5 /22 /87 Week SHORT TERM -&.-9-00/. 7.80 % Prime Rate .................. ................. 8.25 % 8.00 % Money Market Mutual Funds ....................... 5.53 % 5.47 % Bank Money Market Savings .....- - . ............... 5.00 % 5, % Super NOW Accounts ............................ 4.88 % 4.88 % 3 Month Treasury Bills ............................ 5.50 % 550 % 3 Month Bank Cert. of Dep ....................... __5.48 % 56B -0/c, 3 Month Commercial Paper ........................ - -6. 60 % --6.60-0/. 6 Month Treasury Bills ............................ 6.15 % --I.85-0/0 I Year Treasury Bills ................ 6.80 % --6.650/0 INTERMEDIATE TERM 21/2 Year Cert. of Dep... .......................... 6.5o - % 6.48 % 5 Year Cert. of Dep L ...................... .... 7.18 % 7.18 % 5 Year Treasury Notes ...... .................... 8.40 % 8.00 % 10 Year Treasury Notes...... ................... 8.70 _% 8.40 % _ 5 Year Zero Coupon Bonds....................... 8.40 % 8.20 % 10 Year Zero Coupon Bonds .. ....... ......... . 8.85 % 8.65 % 5 Year Finance Co. Notes - . - - - .. ....... .. .... 8.75 % 8.45 % 10 Year Finance Co. Notes ......... .. ...... .. 9.10 % 8.90 % LONG TERM 20 Year Zero Coupon Bonds ............... ... . 9.10 % 8.95 % 30 Year Treasury Bonds ..... ................... 8.90 % - 0 L.-60 30 Year A -rated Indust. Bonds .................... 9.70 % 9.45 % 30 Year A -rated Utility Bonds ....................... 9.75 % 9.50 % BOND BUYER'S INDEX 8.31 7.82% BOND BUYER'S REVENUE INDEX TAX EXEMPT MINN. MUNICIPAL BONDS 5 Year A -rated Gen l. Oblig ........ .............. 5 Year Aa -rated Housing Rev ............. .. 10 Year A -rated Oerfl. Oblig .... ...... ............ 10 Year A -rated Hospital Rev ....................... 10 Year Aa -rated Housing Rev ...................... 20 Year A -rated Gen l. Oblig ....................... 30 Year A -rated Hospital Rev ....................... 30 Year Aa -rated Housing Rev ..................... .MFFRAY jk, PIPER & HOPWOOD SINCE IN5.MEMBER SIK MEMBER NEWYORKSTOCK EXCHANGE.INC 8.68 % -3.20% 6.10 % 5.90 % 6.60 % 6.25 % 7.10 % -&.-9-00/. 7.80 % -z-9Q-0/0 7.70 % 7.40 % _-7.-75 % -I-60 0 -/o 8.875 % 8.25 % 5125% Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 612/342.6000 Net Change( +.25 +,06 +.02 +.40 +.30 +.20 +.20 +.30 +.20 +.49 -±,48 +.20 +,35 +,20 +,30 +,30 +,15 +,625 +-625 Agenda Information Memo, June 2, 1987, City Council Meeting Page Three DEPARTMENT HEAD BUSINESS A. PARRS AND RECREATION DEPARTMENT Item I. Brittany loth Addition, Parkland Dedication --At the May 5, 1987, City Council meeting the Brittany 10th Addition preliminary plat was approved. As a part of the preliminary plat action, a cash dedication was accepted due to the fact that the fee owner of property adjacent to Brittany 10th Addition was not prepared to make a land dedication to the City at this time. Aland dedication for Brittany 10th Addition would consist -of 1.7 acres. The Director of Parks and Recreation has raised concern about guaranteeing the City that parkland will be made available at a reasonable rate to the City as planned for the Brown property at some date in the future. Enclosed on page,/6 is a memo from the Director of Parks and Recreation that discusses an alternative whereby Brittany 10th Addition would be required to have a "cash escrow account" equivalent of the cash dedication -and this account would be returned at such time as the required/equivalent land dedication of 1.7 acres is made for the Brown property. ACTION TO BE CONSIDERED ON THIS ITEM: To provide any amendment or direction to City staff regarding parkland dedication for the Brittany 10th Addition. A MEMO TO: TOM HEDGES, CITY ADMINISTRATOR j FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MAY 20, 1987 RE: BRITTANY 10TH ADDITION At the City Council meeting of May 5, 1987, the Council reviewed the proposed Brittany 10th Addition, consisting of thirty-one (31) single family lots. The Advisory Parks &. Recreation Commission had recommended that the developer be required to provide a land dedication, or a recordable document which would ensure the City it would receive the land dedication of "1.7 acres" at some later date. It is my understanding that a cash dedication was accepted, because the fee owner to the property, Mr. Brown, was not prepared to make a land dedication at this time. While I recognize the City has previously identified in the Comprehensive Plan an area for parks dedication; I would like to bring it to the attention of the City that acceptance of the cash dedication, rather than a committment for a land dedication, precludes an earlier development of the park. Let me explain. If we assume. that the remainder of the Brown parcel is developed in phases, this means that the actual land dedication to the park will probably come in the last phase. Essentially, the residential area would be completed before park development could begin. Under the Commission's scenario, the City would receive sufficient park dedication earlier in the planned development process. Consequently, we would be able to begin development of the park prior to the completion of the residential development, with the later phase of residential development providing the cash dedication. It is important to note that of the 120 acres remaining in the Brown site, the City will be seeking approximately 7 to 8 acres of land dedication. That is, 40 - 50 acres will be in a cash equivalent, which under the Commission's recommendation would come last, instead of first. I believe it is an argumentive issue, whether or not the City's Comprehensive Guide Plan designation of a neighborhood park is totally enforceable, if the owner is allowed to continue to parcel portions of his property for residential development in such a manner that it would preclude sufficient land dedication. Recognizing that the fee owner is not willing to provide the land dedication at this time, I would like to suggest an alternative. Brittany 10th Addition would be required to have a "cash escrow account" the equivalent of the cash dedication. This escrow account would be returned at such time as the required/equivalent land dedication of 1.7 acres is made. This would provide protection to the City and ensure that its land dedication would be achieved at todays value, rather than future, and probable higher land values. Inasmuch, as the City Council has already approved the preliminary plat, I am asking how you wish me to proceed on this issue. KV/bls Agenda Information Memo, June 2, 1987, City Council Meeting Page Four Item 2. Revision to Building Usage Policy --The Advisory. Parks and Recreation Commission is recommending a modification to the Building Usage Policy that would allow churches and other groups to use the Community Rooms of the Fire Administration Building and park shelter buildings for three month intervals up to a total of six months. Please refer to the attached memo, as prepared by the Director of Parks and Recreation, found on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a revision to the Building Usage Policy that would allow churches and other non-profit groups to use the Community Rooms of the Fire Administration Building and park shelter buildings as prescribed. MEMO TO: HONORABLE MAYOR AND CITY COUNCIL.MEMBERS THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MAY 28, 1987 SUBJECT: REVISION TO BUILDING USAGE POLICY BACKGROUND: The Building Usage Policy was adopted for the Fire Administration Building Community Rooms, at the time City Hall was relocated to its present location. The reserving of the facility was established along with fee structures. One of the regulations adopted prohibited continuous or consecutive use of a facility by any one group. Rationale was that the City did not want one group to dominate a particular evening or time frame, excluding other possible users. ISSUES: Park and Recreation staff have received numerous requests from churches moving into the community who are contemplating construction, for use of the Fire Administration's Community Rooms. Similarly, other groups have also requested continuous or consecutive usages. These requests have now extended to include Goat Hill and Trapp Farm Park shelter buildings. It's likely that similar requests will be received for other shelter buildings once completed. The Advisory Parks and Recreation Commission has reviewed the policy and is making a recommendation to the City Council. COMMISSION'S RECOMMENDATION: The Advisory Commission has reviewed the request from church groups and others to use the Community Room and park shelter buildings on a continuous basis. The Commission expressed concern that such continuous usage might exclude recreational programs, particularly at the shelter buildings. Noting that usage patterns for the park shelter buildings and the Fire Administration building give first priority to Parks and Recreation and that there are periods of time in which consecutive usage could be provided without conflict, the Advisory Commission is recommending a change in policies to include: 1. Church groups be added to the priority list of facility users as a class 4 priority. 2. That regular fees and charges be a requirement. 3• That usage intervals be in three month increments, with a six month maximum. Any extension beyond six months would require Advisory Commission's approval. FOR COUNCIL ACTION: Review the recommendations and issues presented by the Advisory Parks and Recreation Commission and to accept the Commission's recommendations or to modify the recommendation which would allow for churches and other groups to use the community rooms of the Fire Administration building and park shelter buildings for three month intervals, up to a total of six month Director o s and Recreation KV/jeh Agenda Information Memo, June 2, 1987, Citv Council Meeting Page Five B. PUBLIC WORKS DEPARTMENT Item 1. Street Lighting Policy --During the preparation of a comprehensive street lighting policy, the question has come up as to whether the City should be initiating the installation of continuous street lights on collector and arterial streets (County roads) etc. As an example, the City has received a request from Federal Land Development to install a continuous street lighting system along Yankee Doodle Road to Lexington Avenue as a City cost rather than typical internal street lighting subdivision responsibility. The Public Works Director will provide additional background information to help the Council arrive at some policy direction regarding this portion of an overall street lighting policy. ACTION TO BE CONSIDERED ON THIS ITEM: Provide direction regarding a street lighting policy on collector and arterial streets in relationship to adjacent property financial responsibility. Item 2. Gun Club Lake WMO — City Representation --At the April 7 meeting, the Public Works Director informed the City Council of the lack of meeting attendance by representative Diane Warner Hood. The Council directed staff to request a position statement from Ms. Hood. Ms. Hood has failed to respond to a letter and a phone call from the City regarding her position. Therefore, the Public Works Director is recommending that the City Council take formal action to discharge Ms. Diane Warner Hood from her designated representative position to the Gun Club Lake WMO. The Public Works Director is still pursuing solicitation of citizen participation to fill this and the alternate position vacancies. ACTION TO BE CONSIDERED ON THIS ITEM: Discharge Diane Warner Hood as an official representative to the Gun Club Lake WMO and authorize staff to submit recommendations for replacement. Agenda Information Memo, June 2, 1987, City Council Meeting Page Six There are fourteen ( 14) items referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of these items in further detail, the item should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. Personnel Items: Item 1. Seasonal Streets Maintenance Worker --After interviews, it is the recommendation of Superintendent of Streets and Equipment Erhart that John Robinson be hired as a seasonal street maintenance worker. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of John Robinson as a seasonal street maintenance worker. Item 2. Parks and Recreation Seasonal Program Leaders --Following interviews, it is the recommendation of Recreation Supervisor Sunder and Director of Parks and Recreation Vraa that the following people should be hired as recreation program leaders for the 1987 summer recreational season: Lisa Carlisano Kathy Chase Shelly Carroll Paula Eaves Kristi Edlund Julie Erickson Kathleen Fletcher Anne Frisbee Leah Halepeska Sheila Haugh Rachelle Jirik Lisa Lundquist Gina Penn Denise Anderson Jennifer Besse Jennifer Blanchard Jason Forde Mary McKelvey Dawn Peterson Maureen Porter Christine Schultz Kris Weeklund Michelle Meyer Christine Polta Deborah Spoden Brian Krisko ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the above listed personnel as summer recreation program leaders for 1987. Item 3. Part -Time Permanent Clerk-Typist/Receptionist/Police Department --Interviews for the vacant permanent part-time Clerk Typist/Receptionist position in the Police Department were held on Thursday, May 28, 1987. Candidates previously had undergone written and typing tests to reach this phase of the employment process. The interviews were conducted by Office Manager Knight and Administrative Assistant Duffy. Presently, background/reference checks are being run on the final candidates. It is expected that a name for recommendation for hire for this position will either be available with the Administrative Agenda on Monday or at the City Council meeting on Tuesday night. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a candidate yet to be named as a part-time permanent Clerk Typist/Receptionist for the Police Department. Agenda Information Memo, June 2, 1987, City Council Meeting Page Seven PLUMBERS LICENSE B. Plumbers Licenses --There are five (5) plumbing licenses that are in order for consideration. Those licenses are as follows: 1. All -State Plumbing & Heating, Inc. 2. Dolder Plumbing 3. Krumholz Company 4. Thompson Plumbing Company 5. Wenzel Mechanical, Inc. All plumbing license applications are in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbing licenses as presented. TEMPORARY LICENSE FOURTH OF JULY COMMITTEE C. Temporary Beer License for Fourth of July Committee --The City has received an application from Eagan Fourth of July Association for a non -intoxicating beer license to be issued from July lst to July 5th. Representing the applicant is Lowell Johnson who resides at 4535 Oak Chase Road in Eagan. The application was reviewed by the Eagan Police Department and approved for Council consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To intoxicating malt liquor license submitted by July Assocation for use at Rahn Park from July 1 of the Eagan Fourth of July celebration. approve the non - the Eagan Fourth of through 5 as a part Agenda Information Memo, June 2, 1987, City Council Meeting Page Eight WINE/BEER LICENSE_FOR VI HUONG D. Wine and Beer License for Vi Huong, Inc., formerly Charlie Chents Restaurant --The City has received an application for Wine/Beer license from Vi Huong, Ltd. Vi Huong purchased the Charlie Chen Restaurant in Silver Bell Center on May 16, 1987. Until the new owner is issued a license, there are no alcoholic beverages served at the restaurant. The Eagan Police Department has reviewed the application and finds the application to be in order for consideration by the City Council. Mr. Chen is requesting a refund of $277.50 for a pro rated share of the wine and beer license that was granted to his establishment. ACTION TO BE CONSIDERED ON THIS ITEM: 1) Approve the wine/beer license for Vi Huong, Ltd., at the Charlie Chen Restaurant in Silver Bell Center and 2) Cancel the wine/beer license currently issued to Charlie Chen and refund $277.50 for the pro -rated license year. RESIGNATION/OTTO LEITNER/AIRPORT RELATIONS COMMITTEE E. Resignation of Otto Leitner from the Airport Relations Committee --Mr. Otto Leitner has resigned as a member of the Airport Relations Committee due to the sale of his home and a relocation to the City of St. Paul. There is an Eagan resident who has expressed interest in serving on the Airport Relations Committee and once a letter is received from that individual, consideration could be given to an appointment to fill the vacancy created by Mr. Leitner. ACTION TO BE CONSIDERED ON THIS ITEM: To accept Otto Leitner's resignation as a member of the Airport Relations Committee. /6 Agenda Information Memo, June 2, 1987, City Council Meeting Page Nine PROJECT 505, RECEIVE PETITION/ORDER FEASIBILITY REPORT (COUNTRY HOLLOW ADDITION) F. Project 505, Receive Petition/Order Feasibility Report (Country Hollow Addition) --We have received a petition requesting the installation of trunk sanitary sewer, water and storm sewer facilities adjacent to and within the proposed Country Hollow Addition which has recently received preliminary plat approval by Council Action. In addition to requesting the Feasibility Report, the developers request concurrent preparation of detailed plans and specifications that will guarantee all costs if for some reason the project is not approved at the public hearing phase. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 505 (Country Hollow Addition - Trunk Utilities) and order the Feasibility Report and detailed plans and specifications. PROJECT 496, RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING (BRITTANY 10TH ADDITION) G. Project 496, Receive Feasibility Report/Order Public Hearing (Brittany 10th Addition - Trunk Storm Sewer) --In response to a petition submitted by the developer of the Brittany 10th Addition, the Council authorized the preparation of the Feasibility Report which has now been completed and is being presented to the Council in consideration of scheduling a formal public hearing to be held on July 7th. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the Feasibility Report for Project 496 (Brittany 10th Addition - Trunk Storm Sewer) and schedule a public hearing to be held on July 7th, 1987. PROJECT 487, RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING (BRAUN COURT) H. Project 487, Receive Feasibility Report/Order Public Hearing (Braun Court - Streets and Storm Sewer) --On February 17th, a formal public hearing was scheduled to discuss the installation of streets and related storm sewer for the Braun Court cul-de-sac. It was continued until March 17th at the request of the property owners to allow additional discussion. At the March 17th meeting, property owners were still unable to reach concurrents regarding the proposed improvements and method of financing. Subsequently, the Council continued the public hearing indefinitely. The staff then proceeded to have several neighborhood meetings with the affected property owners to try and resolve the differences and to arrive at a project with a method of financing acceptable to all parties involved. This resulted in a revised Feasibility Report which has now been completed and is being presented to the Council in consideration of scheduling a new public hearing. Agenda Information Memo, June 2, 1987, City Council Meeting Page Ten ACTION TO BE CONSIDERED ON THIS ITEM: To receive the revised Feasibility Report for Project 487 "R" and schedule a public hearing to be held on July 7, 1987. PROJECT 480, RECEIVE -FEASIBILITY REPORT%ORDER PUBLIC HEARING (EAGANDALE CENTER INDUSTRIAL PARR -OVERLAY) I. Project 480, Receive Feasibility Report/Order Public Hearing (Eagandale Center Industrial Park - Overlay) --In response to a staff request, the Council authorized the preparation of the Feasibility Report to perform an overlay for the streets generally located within the Eagandale Center Industrial Park to bring them up to a 10 ton per axle load limit capacity. This Feasibility Report has now been completed and is being presented to the Council in consideration of their scheduling a public hearing to be held on July 7th, 1987. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the Feasibility Report for Project 480 (Eagandale Center Industrial Park - Overlay) and schedule a public hearing to be held on July 7, 1987. Agenda Information Memo, June 2, 1987, City Council Meeting Page Eleven GAMBLING LICENSE FOR EAGAN HOCKEY ASSOCIATION J. Gambling License for Eagan Hockey Association --An application was received from Eagan Hockey Association for pull tabs to be located at Rahn Park as a part of the Eagan Fourth of July celebration for pull -tabs to be located at Rahn Park as a part of the Eagan Fourth of July celebration from July 2 through July 6. An application was made to the Minnesota Charitable Gambling Control Board of which said application is found to be in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a not-for-profit gambling license for the Eagan Hockey Association from July 2 through July 6 at Rahn Park as a part of the Eagan Fourth of July Celebration. �9 Agenda Information Memo, June 2, 1987, City Council Meeting Page Twelve FINAL PAYMENVACCEPTANCE OF IMPROVEMENT CONTRACT 86-1 R. Final Payment and Acceptance of Improvement Contract 86 -1 --The City of Eagan has received a request for final payment for Improvement Contract 86-1. For a brief review of those parks included in this contract and the total contract amount, refer to page V. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final payment and acceptance of Improvement Contract 86-1. MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: STEPHEN SULLIVAN, LANDSCAPE ARCHITECH/PARKS PLANNER THROUGH: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MAY 28, 1987 BE: FINAL PAYMENT & ACCEPTANCE OF IMPROVEMENT CONTRACT 86-1 The City of Eagan has received request for final payment for Improvement Contract 86-1. This work consisted of the construction of the following parks: 1. Meadowland Park 2. Quarry Park 3. Pilot Knob Park 4. South Oak Park 5. Blue Cross/Blue Shield Park All final inspections have been performed and verified in accordance with the construction documents. The contract amount is $321,509.13. The final contract value at completion is $323,625.98. Request for Action to be considered: 1. To approve the sixth (6th) and final payment for Contract 86-1 to Central Landscaping, Inc. for $16,181.30. 2. To accept these improvements for perpetual maintenance. Agenda Information Memo, June 2, 1987, City Council Meeting Page Thirteen FINAL PAYMENWACCEPTANCE OF IMPROVEMENT CONTRACT 86-21 L. Final Payment and Acceptance of Improvement Contract 86 -21 --The City has received a request from the contractor for final payment of athletic fencing and backstops for certain park land improvements. For additional information on the specific parks and the contract amount, refer to page 713 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve final payment and acceptance of Improvement Contract 86-21 as presented. 2;� MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: STEPHEN SULLIVAN, LANDSCAPE ARCHITECT/PARKS PLANNER THROUGH: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MAY 26, 1987 RE: FINAL PAYMENT & ACCEPTANCE OF IMPROVEMENT CONTRACT 86-21 The City of Eagan has received request for final payment for Improvement Contract 86-21. The work consisted of the construction of athletic fencing and backstops at the following parks: 1. Blue Cross/Blue Shield 2. Quarry Park 3. Rahn Park 4. Meadowland Park 5. Goat Hill Park 6. Walnut Hill Park All final inspections have been performed and verified in accordance with the construction documents. The contract amount is $116,057.88. The final contract value at completion is $113,071.82. Request for action to be considered: 1. To approve the fourth (4th) and final payment for Contract 86-21 to Century Fence Company for $8,441.80. 2. To accept these improvements for perpetual maintenance. 2-3 Agenda Information Memo, June 2, 1987, City Council Meeting Page Fourteen WATER QUALITY MANAGEMENT PLAN M. Water Quality Management - Contract Approval - Consulting Services --In order to proceed with the next phases of the Comprehensive Water Quality Management Plan, the Public Works Director has negotiated a contract with the Dakota County Soil and Water Conservation District and E.A. Hickok and Associates, Inc. (Limnologists and Hydrologists). These contracts provide for maximum staff participation and coordination of all agencies. The staff was very pleased with the work and minimal costs associated with the completion of the first phase (wetland inventory) performed by the Dakota County SWCD on a time and material basis. Therefore, it is strongly recommended that they continue their input by providing technical assistance in the completion of this plan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contract for services with E.A. Hickok and Associates and Dakota County SWCD for the completion of the Comprehensive Water Quality Management Plan and authorize the Mayor and City Clerk to execute all related documents. z� Agenda Information Memo, June 2, 1987, City Council Meeting Page Fifteen PROJECT 499/CHAPEL HILL BAPTIST CHURCH N. Project 499, Receive Feasibility Report/Order Public Hearing (Chapel Hill Baptist Church - Street and Storm Sewer) --In response to a petition submitted by the developers of the proposed Chapel Hill Baptist Church, the Council authorized the preparation of a feasibility report which has now been completed and is being presented to the Council in consideration of scheduling the public hearing to be held on July 7. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 499 (Chapel Hill Baptist Church) and schedule the public hearing to be held on July 7, 1987. 7_� Agenda Information Memo, June 2, 1987, City Council Meeting Page Sixteen STREET NAME CHANGE, TOWN CENTRE DRIVE A. Street Name Change, Town Centre Drive - (Continued From May 19, 1987 City Council Meeting) --At the May 19th meeting, discussion was held to consider changing the name of two sections of existing Town Centre Drives as they intersect Yankee Doodle Road. This was continued until June 2nd to allow input from the affected developer and property owners. As of this date, the staff has not received any input and is requesting that this item be continued until the June 16th meeting to provide additional time for consideration and suggestions by the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: Continue consideration for street name change of Town Centre Drive to June 16, 1987. PUBLIC HEARING FOR PROJECT 490, (WOODGATE LANE,_- STREETLIGHTS) B. Public Hearing for Project 490, (Woodgate Lane - Streetlights) -- At the May 19th Council Meeting, the Feasibility Report was received with the public hearing being scheduled for June 16th. However, this public hearing was inadvertently placed on the June 2nd agenda and subsequently published in the local newspapers. Therefore, it would be appropriate for the Council to continue this public hearing until June 16th to allow proper notification of the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To continue public hearing consideration for Project 490 (Woodgate Lane - Streetlights) to June 16th, 1987. Agenda Information Memo, June 2, 1987, City Council Meeting Page Seventeen 4OLD BUSINESS PONDVIEW ADDITION/DETERMINE BUSINESS USES A. Establish Business Uses for Pondview Addition Planned Development --At the May 19, 1987 meeting, the rezoning from A to PD, a Comprehensive Guide Plan amendment and the preliminary plat for Pondview Addition was approved subject to the property owners and City staff designating a list of potential business uses for certain lots identified in the Pondview Addition. Ever since Check Technology made a corporate decision to not build in the Pondview development, the City Council has had a reluctance to rezone or amend the Comprehensive Guide Plan without an actual user for the property. Since Fairview Ridges has acquired a portion of the Pondview Addition and is proceeding with the development of a medical facility, it was determined to be in the best interest of the City Council to rezone the entire Pondview Addition as a planned development and specify the uses to insure orderly development for that tract of land. The City staff and representatives of the developers have met and discussed potential uses for those lots defined as the Reid parcels. As a result of the joint meetings, a list of proposed uses should be incorporated in the planned development agreement is enclosed on pages * through * for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny with or without modification the list of uses for certain lots identified within the Pondview Addition. *SPECIAL NOTE: The list of proposed uses was not available for distri- bution with the packet and will be available and sent out with the Additional Information packet on Monday_ 7,7 Agenda Information Memo, June 2, 1987, City Council Meeting Page Eighteen REZONING (R & B ADDITION) B. Rezoning (R & B Addition - Leroy Rother and Gerald Braun) --At the May 19th meeting, the Council discussed the proposed rezoning, Comprehensive Guide Plan Amendment d Preliminary P t for the R & B Addition. Enclosed on pages through 6�- is the Staff and Planning Commissionmtin minutes for the Councils Report a g g information and review during this meeting. At the May 19th meeting, concerns were expressed regarding the location of the proposed driveways for this development. Subsequently, the Council continued this item until June 2nd to allow all affected property owners to meet with staff to resolve the location of the proprosed and future driveway access points. On Wednesday, May 27th, a meeting was held to review the acceptable driveway,access locations as identified by the layout enclosed on page . As a result of these discussions, th applicant has submitted a revised site plan enclosed on page which shows the location of one driveway opening to be constructed with this development and future parking lot expansion and a second driveway access location to be installed concurrent with the commercial development -to the west to ensure compatability of circulation and parking 'stall configurations. The staff will be able to discuss in further detail the coordination of the phased parking lot construction and any other concerns regarding this proposed development. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the Rezoning, Comprehensive Guide Plan Amendment and/or Preliminary Plat for the R & B Addition. Mr CITY OF EAGAN SUBJECT: REZONING, COMPREHENSIVE GUIDE PLAN AMENDMENT, VARIANCE, PRELIMINARY PLAT (R & B ADDITION) APPLICANT: LEROY ROTHER AND GERALD BRAUN LOCATION: NW 1/4 OF SECTION 15 EXISTING ZONING: R-4 (MULTIPLE) DATE OF PUBLIC HEARING: APRIL 28, 1987 DATE OF REPORT: APRIL 16, 1987 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENT APPLICATION: Two separate applications have been submitted requesting a rezoning of 2.08 R-4 (multiple) acres to a CSC (community shopping center) district and a preliminary plat for the R & B Addition. This plat consists of one lot and a 12,000 S.F. building with two tenants. The November, 1986 Land Use Map designates this area D -III, mixed residential, (3-6 units/acre), therefore,an amendment will be necessary. SITE PLAN: Currently, the site is vacant and flat along Duckwood Avenue. The rear portion rises quickly to a wooded knoll nearly 20' above street grade. Across Duckwood Drive to the north and east is the Town Centre 70 8th Addition (CSC). Unplatted (CSC) land is to the west and undeveloped property along with the Hidden Oaks Townhomes are to the south - separated from this plat by the mature trees on both sides of the property line. The building coverage is 13% gross area, 17% net area and 30% is permitted. All building and parking setbacks conform to Code requirements. The 12,000 S..F. building occupied by Simik's Meats (3,360 S.F.) and Hardware Hank (8,640 S.F.) would share parking and a single loading dock on the back of the building. Code requires 80 10' wide parking stalls for a building this size - 59 have been provided (1:150 up to the first 20,000 S.F.). Since on site proof of 21 stalls cannot be demonstrated with this layout, a variance will be needed to allow the proposed number. The loading area will be screened from the south by the grade change alone. A three tiered wall will be constructed along the southern property line of the area between levels is large enough for planting, maintenance free material should be used. A final landscape plan on a grading plan will be required with the final plat submission. It must be compatible with the sizes, amount and species of the adjacent commercial properties. Possible trash locations should be determined prior to the final building design as should any mounted signage since no pylon has been requested at this time. GRADING/ DRAINAGE: This two -acre development located on the south side of Duckwood Drive just east of Denmark Avenue is proposed to be tucked into the heavily wooded side hill on the south side adjacent to the condominimum townhouse complexes. From the top of the hill on the south to the bottom of the pond on the east, there is a 28' elevation differential. The grading plan proposes to construct a 15' high terraced retaining wall along the south side removing a substantial portion of this side hill and its related vegetation. The grading plan also proposes to complete the development of the south half of Pond JP -67 adjacent to Duckwood Drive in the eastern corner to accommodate the City's storm sewer requirements. This development would involve the installation of a semi -recessed loading dock on the south end of the building. The resulting 10% cross slope grade of this southerly service road is not feasible or acceptable. To obtain an acceptable 2% cross slope would add another 1-2' to the height of the retaining wall. Due to the inadequate preliminary design of the overall drainage plan submitted with this application, extensive engineering reviews had to be performed to ensure continuity for the existing drainage patterns in addition to handling the runoff generated from this development. Subsequently, instead of performing a conceptual review, staff had to actually design this system on behalf of the developer. These results indicate additional storm sewer facilities being required to handle both the internal and external drainage as it affects the development of this property and its proper discharge into the City pond on the east end. The drainage system as proposed with this application is inadequate and unacceptable without incorporating the preliminary design of he City's review. UTILITIES: Sanitary sewer and water service of sufficient size and elevation is immediately available within Duckwood Drive to provide service to this proposed development. The existing 6" water lateral stub from Duckwood Drive will have to be extended to the west property line to be continued with further development to the west providing for proper looping. The size of the individual water services to the building will be reviewed as a part of the building permit application process. STREETS/CIRCULATION: This application proposes to construct only half of the required common driving aisle along the west property line. This is inadequate for proper traffic circulation. Either the entire driving aisle should be contained within this development or adequate easements should be obtained to allow the construction of the full driving aisle width along the west property line. The two driveway access points to Duckwood Drive are not acceptable or compatible with proposed driveways on the north side of Duckwood Drive or the common internal cross easement driving aisle through the property to the west. The access drive at the northern most point of the property should be eliminated and relocated approximately 160' to the south opposite the proposed major entrance into the Town Centre 70 8th Addition development and constructed at a minimum 30' width dimension to provide for the required cross traffic movement from the west. Also, the southerly most driveway should be eliminated and consolidated into this singular major driveway access. This will require a redesign of the internal traffic circulation and parkin t configuration which should then be further reviewed by staff to ensure proper internal circulation for customers, employees and delivery vehicles. All other minor access drives should be constructed to a minimum 24' width. Also, the comprehensive trail system requires a trailway along the south side of Duckwood Drive across this development. ASSESSMENTS: This development was previously assessed for trunk area sanitary sewer, trunk water, lateral benefit from -trunk water main and street improvements for the existing Duckwood Drive. However, all previous assessments were levied at the single-family or multiple residential rate and not at the proposed commercial rate. This property has not yet been assessed for trunk area storm sewer. In addition to this unlevied assessment, this development will be responsible for the upgrading of previous assessments to its proposed commercial use. These are defined as follows: Item Trunk Area Water (Upgrade) Duckwood Dr. Street (Upgrade) Lata Benefit from Trunk Water Main (Upgrade) Trunk Area Storm Sewer Qty. Rate Amount Proj. 1.58 ac $1,920/ac* $3,029 58 363.16 ft 15.84/ff* 5,752 429 363.16 ft 8.08/lf* 2,934 429 68,721 sf 0.079/sf 5,429 429 Total $17,144 Rate reflects difference between commercial and residential rates. Final assessment obligations will be based on final quantities defined in the final plat and will be based on the rates in effect at the time of final plat application. EASEMENTS/RIGHTS-OF-WAY/PERMITS: A 44' half right-of-way must be dedicated for the existing Duckwood Drive. Adequate easements for the ponding area has previously been conveyed to the City in the eastern corner of this development. There are no outside agency permits anticipated as a requirement of this development approval. CA= �[�- =i R & S CONDITIONS: 1. All standard platting conditions shall be adhered to. 2. A variance to allow 59 parking stalls shall be approved. 3. A landscape plan shall be submitted with the final plat submission compatible in sizes and species with the adjacent commercial properties. The financial guarantee shall not be released until after one year from the date of installation. The SE portion of the parking lot shall be suitably screened from the residential land to the south. 4. This plat shall adhere to all applicable Sign Ordinances. 5. No rooftop fan units shall be visable. 6. The trash enclosure(s) must be located next to or within the building and approved by the Fire Marshall. No perimeter trash enclosure will be allowed. 7. No exterior storage shall be permitted. 8. All four sides of the building shall be constructed of the same materials. 9. Shall be subject to a parks dedication fee. 10. The two proposed driveway connections shall be consolidated Cinto one major access approximately 160' southeast of the northern most corner. A 30' cross easement and driving aisle shall be dedicated from this major driveway access to the westerly property line. 11. The ponding area in the southeast corner shall be constructed to provide the required storage volume in accordance with the Comprehensive Storm Sewer system. 12. This development shall provide an internal storm sewer system to handle the onsite runoff and the drainage from the west and discharge it into the ponding area in the east corner. If any portion of this project is to be performed under City contract, the project must be authorized by Council action prior to final plat approval. 13. The internal traffic circulation and parking lot layout shall incorporate the minimum 24' driving aisle width with concrete curb and gutter perimeters, especially in those areas where it encroaches on adjacent private property. 14. A revised grading plan shall be submitted providing proper cross slopes and parking lot grades within the service road on the west and south side of the facility. 15. This development shall accept its financial obligations pertaining to additional and upgraded special assessments. 16. This development shall extend the 6" water lateral to the west property line for continuation of service. 17. This development shall be responsible for the installation of an 8' bituminous trail along Duckwood Drive. L SHME PAR I J HKIN WE LDR k '70 kd CE 4 a 7 fi- Emcoo m Q ARRY PARK f- BIRCH PT. U .7 DOWLr 03A OR I ST!:, `GENRE OR _GCI_J AEARY PARK CAO BLUE JAY 4- X'Om' c T. S T. 01 a bill, LCH AAN E83 A LAJ PD A 83*0 7 y 31d lisu REY RB . . . . . . GA, ENS I L__.. 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I / m m m o co 'i cm Z Z m Om c o v c, Q i^ cr11 Z O o -i ZN N N � 7;cn O z D3 X �m G) G)>> — co O C) A V CO O N rn O i Ul co N CO ;n n ^ O ^ 0 _ • av . y ^Z D Z m Om c o v c, Q i^ cr11 Z O o -i ZN N N � 7;cn O z D3 X �m G) G)>> — co O C) A V CO O N rn O i Ul co N CO ;n n F ^ O ^ • av . ^Z D p p r ^ A � O r* e F ^ O ^ ^Z D p p r ^ A � O r* e 7 2 ? j o 9 D � 1 \117 ro � rw� J5 mz m D v r v D D Z W Z m ? p m m M m ry O z z ' Z � r r i i t ,q iEy LR ar 'ti - ' t 31 ErYTI 74.0 10" 74-0 9 zz�,Yc 6 '0 r4.4/ 18 D71 FOX RIDGE 81.Ly)9S.0 57.1/73.0 46-3/6.2.0 40.4161U 75 20 ZATMENT 3RD 'CANT SUP 'EY EN 114L A; ;4 - . I I fm . > SITE ATH ADa.,f 'R 'E T H E I G�HT 2 0.13, D.) P JB Li C Ay vt 7FZ� '; D - 56.2/67.03T 2ND 301, 55.i/,t&6-`:! `6t�.3!h�13'40T KNOB �8.1 ;� 83JI 02 103 !2 �30301, f -:' 6 I K:e 108 ~84.7/98.0 98.0 8 II 112 .... . ...... HALL % IF it FN 11 (105) 53.2/68. .0 of eagan PUBLIC WORKS DEPARTMENT cq L2 141.9/60.0 nnc),V�rIAD 1811 69.0 1811 61.5/80.0 Ei TINR 3 ADDITION 18 LS 11(:JI�10 43.3/1 ,8 III 516.3/E 12" 18 iYEISOT1 (1-12—),50.-4/ 1.2,1 =PON wo 4 A Dj> so V! of:�� 59.9/[7T5� C177 f' Ix 59.8/76.0 SUBJECT PARCEL -R & B ADDITION WATER MASTER PLAN 111)54.6/ 1611 CD 53.1/ m 40111111111114� 121% &�8 51.4 FIG. -*3 approved L standard I plate #: - 16- 838:3 1,955.4 11. 4 OP -4 D 1874.8 L..S.-7=tZ� �Af 874.8 to 8. YXI -60AD D-plen RD 4- 0006ff9 I ' Z 0. 1 0 8 D QP I 1�y -3,d II .0 G AR� DP -20 D -r E36 24"Cri1 TO�, 901.0 6 L� HT - i �z D P! 23S 904.2 .DP--�, LS 8930 AM'; 2 , I k U'L t 'Y R K 682.� D -w 825.0 2nd 89� 6 i - j CAR H Pl 873.1 DP-2 p890.0x-. ---'-871 0 882.1 ..� J L ��i -- 1. e. 880J'At; _86.4 P000- P- -3'-- :�`7: 767 F: E�jpL45� 2�V '8 4__t-871.0_ : 7 :,1. 7'; -j 897'j-� 8472 -90/to rg$69Q^T" :� JP -62 JP -2 893.0 1 844.0 x -46 8955 UP -4 JP -46 851.'5 T !Q -t��F`892.3 % -T LUL8492i 844:0 cc, U! A p �� r -T -T v 12' 899.7 t7-7!5� 4 8- I , T -900.7" JP -':h , K, \.-Q :3 -1 ,, - i F `14 I 24" ip-11 9 I 4-� --8441D 'N' 815.7 JP --4 830.0 890.7 895.7 JP -5 ESCOT'ri ROAD/! V --� kl J 8 2 3,8 a 1r 83410 ff b il T L! T. Ll 1. K Tq p-"RY TON' Jp 10 92.3 rt �7:5 L 820.8 ?,ADD. 0/.0 830.0 3 MW�l- -��:D7A TE J -f SQUARE so Z i t Np . . ...... BP -2e B 81 ..8 B -a ..8', - % P -49 862.6 6 T -F-- 818.1 86 .0 830.0 48" 113 b p- 9 L Y 83 8P 7,7.PATCH ! 870.6 .0 N 36 6730 N�869.4 4 2 7 872.4- 865 2 12` d \d SUBJECT PARCEL R & B ADDITION F I G. city of ea all aivmved: standard plate 4: PUBLIC STORM SEWER WORKS MAS 0 EMS T PLAN DEPARTMENT co C0 m 'D m 0 0 ca vj m r- ni z Z 0 T 0 Z N N -4 M 0 0 > P4 z z m m M M Q > )0 m en co Coll I CD 0 co 0 -4 CD 0 cm t 4-n .6n -�tp f STORM SEWER TRUN".,PEA_,68j721 sq ft TRAILWAY 353.16 48.... DUCKWOOD IV5 UPGRADE .363.16' N WATER AREA 1.5.8 Ac 363.16' ® m ® WATER LATERAL . UPGRADE ��o W .� m -1 n v_ o nI +. O Z 4 CDCD 0 oC3oy Yl m 0 "o ni0-4QCA !•�•: a r - > z N N It :• �. U1 Z > 25 Z :a i •11 ZNzzmm G)moc)a> ��• S't I m cni1 O .. �n -n lz:mx) WATER AREA 1.5.8 Ac 363.16' ® m ® WATER LATERAL . UPGRADE APC Minutes April 28, 1987 R & B ADDITION - REZONING, COMPREHENSIVE GUIDE AMENDMENT VARIANCE & PRELIMINARY PLAT The applications of LeRoy Rother and Gerald Braun for rezoning of 2.08 acres from R-4 (Multiple Residential) to CSC (Community Shopping Center) and a preliminary plat for R & B Addition, was the subject of the next public hearing convened by Chairman Hall. This plat is to consist of one lot and a 12,000 square foot building with two tenants. Mr. Runkle presented the application, which involved a small triangle of land left out of the previous rezoning of the property to the north"and west, in conjunction with the relocation of Duckwood Drive. Both the property to the west and the north were anticipated to be developed as CSC with townhomes to the south. The proposal had 13% lot coverage, less than the required parking but more than these existing businesses had had in the past. Mr. Wally Trost was present to represent Mr. Rother and Mr. Braun and discussion centered around the proper access to Duckwood Drive. Mr. Steve Knutson of Hidden Oaks Homeowners Association raised questions as to the barrier presented by the hill and woods between the two properties. It appeared that the hill between the building and the existing townhomes was 28 feet in height from the proposed building pad level. .. Mr. Colbert advised the Commission that there was a problem with the location of access, due to the need to locate the access for the major shopping center development to the north, in order to impede traffic as little as possible. Staff preference was for the two entrances to be aligned at an intersection since the major shopping center has already been submitted, it would eliminate a right -turn movement, and avoid an extra access. It was indicated that this proposal was merely a portion of a larger section that failed to be rezoned when the realignment of Duckwood Drive was being considered. McCrea moved, Wilkins seconded the motion to recommend rezoning and Comprehensive Guide amendment in order to "clean up" the remainder parcel left because of the realignment of Duckwood Drive and the ponding which has now been defined. All voted in favor. McCrea moved, Hall seconded the motion to recommend preliminary plat approval and a variance to the parking stall requirement, subject to the following conditions: 1. A11_standard platting conditions shall be adhered to. 2. A variance to allow 59 parking stalls shall be approved. APC Minutes April 28, 1987 3. A landscape plan shall be submitted with the final plat submission compatible in sizes and species with the adjacent commercial properties. The financial guarantee shall not be released until after one year from the date of installation. The southeast portion of the parking lot shall be suitably screened from the residential land to the south. 4. This plat shall adhere to all applicable Sign Ordinances. 5. No rooftop fan units shall be visable. 6. The trash enclosure(s) must be located next to or within the building and approved by the Fire Marshall. No perimeter trash enclosure will be allowed. 7. No exterior storage shall be permitted. 8. All four sides of the building shall be constructed of the same materials. 9. The plat shall be subject to a parks dedication fee. 10. The two proposed driveway connections shall be consolidated into one major access approximately 160 feet southeast of the -A northern most corner. A 30 foot cross easement and driving aisle shall be dedicated from this major driveway access to the westerly"`' property line. 11. The ponding area in the southeast corner shall be constructed to provide the required storage volume in accordance with the Comprehensive storm sewer system. 12. This development shall provide an internal storm sewer system to handle the onsite runoff and the drainage from the west and discharge it into the ponding area in the east corner. If any portion of this project is to be performed under City contract, the project must be authorized by Council action prior to final plat approval. 13. The internal traffic circulation and parking lot layout shall incorporate the minimum 24 foot driving aisle width with concrete curb and gutter perimeters, especially in those areas where it encroaches on adjacent private property. 14. A revised grading plan shall be submitted providing proper cross slopes and parking lot grades within the service road on the west and south side of the facility. 15. This development shall accept its financial obligations pertaining to additional and upgraded special assessments. APC Minutes April 28, 1987 16. This development shall extend the 6 inch water lateral to the west property line for continuation of service. 17. This development shall be responsible for the installation of an 8 foot bituminous trail along Duckwood Drive. 18. The developer, Mr. Applebaum and the Colon brothers, shall meet with City staff to determine the best access location prior to the City Council meeting, which for this proposal shall be May 19, 1987, in order to provide for time. 19. Staff shall meet with the neighbors to the south to discuss the plantings and screening between the two developments. All voted affirmatively. BLUE RIDGE ADDITION - PRELIMINARY PLAT i The last public hearing convened by Chairman Hall was in regard to the application of L. A. Laukka Development for a�preliminary plat of B1,.ue Ridge Addition which will be a replat of Utlots E and P 9 P F of Lone Oak Addition, into a 9.8 acre lot for an ffice/showroom and two out\indating ining 37.25 acres abutting H� way #149 to the west, with Lad to the south. Mr. Rukkle presented the application that proof of parking�caould be provided due to the slige being proposed. 21;� lot coverage was being requested indesignated Light Industrial where 35% is allowed. Itcated that the toposal was similar to the Silver Belltoposal and that traffic study done.in-house s suggested that the acc6es off Lode Oak Road were too close together. Mr. Dale Beck of BIU4 `$asj/present and discussed green space, utilities, parking, and lan s'caping. He indicated Mr. Rick Berger of Laukka-Beck was also present` Mr. Beck suggested that due to the curvature in the road, the )L-raffz11\ report was in error in regard to the distance between the/ two acesses. He indicated he would request approval subjeq� to sta review regarding the traffic safety issues. An owns: -f across the oad from the property was present and indicateid'his approval. McCrea movedy'ilkins seconded the mo'r'on to recommend approval �- PP of the preliminary� plat, subject to the foll wing conditions: 1. All sty/ndard plat conditions shall be adhered to. 2. No"an units shall be visable. 3. A andscape planting plan shall be required with the final plat submission. The financial guarantee shall not be released until after one year from the date of installation. ..�..•�. .v ! 7 W Z Z a F- W O V J LL Z � 3 W O anN z LU 2 LU co(13 wQ �w w WN3 o , 00 1 w¢ Y I z 0 F= 0 0 a cc LL C0 2 w 2 m O z Y 0 J a Nd� a o ls3a� s = r� NOIIIOGV VHVH3NNIW 1S813 GV08 BONN 1011d co I -- z a VJ cn W V LUQ 0 N a O m CL OID 0 U') — 0 (D C\j co 0 r in IA0 0) w Qw AZ te u bop C, -- --- y ti u -1 oq------- 119 q7� JV6 Agenda Information Memo, June 2, 1987, City Council Meeting Page Nineteen ULTRA IV ADDITION/PRELIMINARY PLAT C. Ultra IV Addition for Preliminary Plat for a Restaurant Bar with Athletic Fields in an LI District and a Conditional Use Permit for On -Sale Wine and 3.2 Beer Sales, Pylon Sign and Recreational Use --A public hearing was held by the Advisory Planning Commission at their regular meeting held on April 30, 1987, to consider a preliminary plat entitled Ultra IV Addition consisting of one lot and a conditiona use permit to allow on -sale wine and 3.2 beer sales and a pylon sign. The applicant is also pursuing on -sale liquor which requires an amendment to the Zoning Ordinance or a rezoning of the property to allow proper compliance. The application also consists of a conditional use permit for a recreational facilities in an LI district. The APC is recommending approval of the preliminary plat and all three (3) conditional use permits as presented. At the May 19, 1987 City Council meeting, the proposed Ultra IV Addition action considering conditional use permits and preliminary plat was continued until the June 2 meeting. The purpose of the continuance was a requirement of the applicants to contact the Adelmanns who own property adjacent to the proposed development. The applicants have informed the City staff that a meeting is scheduled with the Adelmanns and the applicants will inform the Adelmanns of their project and if they have any concerns they should appear at the June 2 meeting. A second concern expressed by the City Council was in regard to the lighting of the project. The applicants have contracted with a lighting company to provide a lighting plan showing the illumination of the lights for the field and parking lot areas. This plan will be prepared and ready for discussion at the June 2 meeting. A third concern discussed by the City Council are the alternatives for considering on -sale liquor for the Ultra IV development. The City Attorney has reviewed sUeral, alternatives and a copy of his memo is enclosed on page(s)4 Also enclosed is a copy of the staff report and the Advisory Planning Commission minutes that appeared in the May 19 City Council packet and identified as pages 6 through ACTION TO BE CONSIDERD ON THIS ITEM: To approve or deny the preliminary plat and conditional use permits for Ultra IV Addition and provide direction to staff concerning on -sale liquor for this development. HAUGE, EIDE & K (ELLER, P.A. :�Allornebs at c aw 1041 nd TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 (612) 456-9000 May 29, 1987 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SCHMIDT RE: Ultra IV Addition - Preliminary Plat & Conditional Use Permit Dear Tom: Questions have arisen both at the Planning Commission and City Council level concerning the application of Ultra IV, Inc. for preliminary plat approval and conditional use permit for restaurant/bar with athletic field in a Light Industrial district located in Tract F, RLS Lot #4, west of Highway 13, between Blackhawk and Shawnee Roads. It is our understanding that the applicant has indicated that it intends to request a conditional use permit for on -sale liquor in the establishment, and the question has arisen whether an on -sale liquor conditional use permit and, ultimately, an on -sale liquor license, would be permitted in that location. 1. The 10.3 acre parcel is currently zoned Light Industrial and the City Code, under Class 1 sit down restaurant, permits indoor commercial recreation facilities such as bowling alleys and tennis clubs. Outdoor facilities are not specifically addressed. 2. In addition, on -sale wine and 3.2 beer sales require the conditional use permits but there is no permitted or initial use provision for on -sale liquor in Light Industrial zoned areas. 3. If the applicant does submit an application for a conditional use permit for on -sale liquor, and for on -sale liquor license, it would appear that there are several options presented to the -City Council: a. Deny the applications based upon the fact that there is no specific provision for on -sale liquor under Light Industrial use. Mr. Tom Hedges May 29, 1987 Page Two PHH:jjm b. Amend Zoning Ordinance 11.20, Subd. 16C Conditional Use 14, to include on -sale liquor. The question concerning this option is whether the Council desires to allow on -sale liquor in any Light Industrial zoned area. C. Approve a variance under Code Section 11.40, Subd. 3 if it finds that a practical difficulty or hardship results from carrying out the strict letter of the regulation. d. If the variance is granted, the Council may restrict or place conditions under the approval to provide that it would be permitted or allowed only by the current owner and in the event of transfer of partial or entire ownership of the property, including the license, that the City Council review and determine whether to authorize the transfer; or restrict it to the current type of use of the property or some other variation in the condition. e. Another alternate would be to re -zone the property to a commercial use that would be compatible such as General Business that would allow on -sale the issuance of an on - sale liquor license. Very truly yours, KELLER, P.A. CITY OF EAGAN SUBJECT: PRELIMINARY PLAT AND ULTRA IV ADDITION APPLICANT: ULTRA IV, INC. LOCATION: W1/2 SECTION 17 EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: APRIL 30, 1987 DATE OF REPORT: APRIL 15, 1987 CONDITIONAL USE PERMIT REPORTED BY: PLANNING AND ENGINEERING APPLICATION: An application has been submitted by Ultra IV, Inc. requesting a Preliminary Plat of approximately 12 LI acres for a restaurant/ bar and athletic facility. This site, Tract F of Reg- istered Land Survey #4 will contain 10.3 acres for the restaurant anda 1.9 acre outlot. City Code permits Class I (sitdown) rest- aurants in LI districts and indoor commercial recreation facilities such as bowling alleys and tennis clubs. Outdoor facilities are not specifically addressed. On sale wine and 3.2 beer sales are listed as Conditional Use items. A seperate liquor license will be required. The Conditional Use Permit requested now is for a pylon sign. The site,located on the west side of HWY 13 is surrounded by LaHass Corporation across Blackhawk Road to the east, office type use and undeveloped property to the north/west an existing single family residence on the corner of Shawnee Road and HWY 13. SITE PLAN/BUILDING CONCEPT: This 250 seat restaurant requires 83- 10' wide parking stalls. 308 have been provided in order to accom- odate the needs of approximately 12 softball teams that may use this facility for tournament play. The two story building contains two volleyball courts on the lower level along with the bar/eating area and dance floor. The volleyball area is open to the second floor and visible from that eating area through a glass wall. A large deck on the western sides of -the building over looks the two fenced softball fields. These fields are designed for Class A teams - the highest level of amateur play. The distance from home plate to the fence is 300'. Ample warmup area has been provided between the fields. There has been a concern by staff of balls being hit into lots with different ownership. The exterior of the building is playfull and very -appropriate for its use. A prefinished metal canopy/roof design along with pennants will add a festive color to the stucco on block main struc- ture ture. All setbacks meet'Code requirements. Page 2 The preliminary landscape plan is well done and meets the performance standards listed in the landscape policy. Screening the large park- ing area was the main concern and the mixture of plant material, sizes and species will also create year round interests. The proposed pylon sign along HWY 13 at the Blackhawk intersection has not been designed yet but the location, 125 sq. ft. per side 27' height proposed meet the requirements of the Sign Ordinance. GRADING/ DRAINAGE: This proposed development is located on a site that generally slopes from the intersection of T.H. 13 and Blackhawk Road to the east with a total elevation differential of approximately 42'. Subsequently, the prleliminary grading plan submitted proposes a two-tier development with the upper level consisting of the parking lot and main floor facility with the lower level incorporating two recreational softball fields. This site has had a considerable amount of construction demolition and sludge ash fill deposited from the Seneca Waste Water Treatment Plant operations to achieve its current elevations. The attached Soil and Water Conservation District report discusses this impact in greater detail. The MPCA is currently monitoring the ground water to determine the extend of potential contamination associated with this fill material. The proposed 3% slope of the recreational softball fields does not meet the 1 & 1/2 - 2% slopes required by the City recreation standards. In addition, a 20' flat area should be provided outside: of the foul lines adjacent to the parking lot side slope which is not reflected in the submitted grading plan. It is also strongly recommended that intercepting drainage swales be constructed adjacent to each ballfield's foul line to intercept and prevent drainage from the parking lot side slopes from crossing the playing surface. The grading required for the proposed parking lot construction adjacent to T.H. 13 removes the minimum fill required over the existing 16" trunk water main. Either a revised grading plan will have to be submitted or this existing trunk water main will have to be lowered _in place to conform to the new grades. The existing ditch along the east property line should be shaped to its final configuration and properly established with permanent vegetation to conform to the overall site development. There is an existing 42" trunk storm sewer facility which parallels Blackhawk Road traversing this site along the western edge of the parking lot facility. An intercepting catch basin manhole should be constructed between the two ballfields to provide better drainage for the previously referenced drainage swales. Existing drainage swales will either have to be provided for or properly relocated to ensure continuation of upstream drainage areas. ME, Page 3 The internal parking lot storm sewer system is adequate to handle the drainage from the proposed parking lot facility. However, a storm sewer line with a capacity of 17 cfs must be extended to Blackhawk Road to provide for future extension to the east to handle the drainage from the LaHass property in conformance with the Comprehensive Storm Sewer Plan. In light of these considerations, the revised detail site grading plan should be prepared and resubmitted. In order to address these cncerns, it may be necessary to construct significant retaining walls or reduce/relocate the restaurant facility and its related parking stall configuration. Adjustment to the existing trunk storm sewer facilities will have to be provided for in the final grading plan to maintain access to manholes. UTILITIES: Sanitary sewer and water main of sufficient capacity and depth is immediately available along T.H. 13 and within Blackhawk Road to provide adequate service to this proposed development. As previously mentioned, it is anticipated that a section of the 16" trunk water main adjacent to T.H. 13 may have to be relocated due to the proposed change in grades. The internal placement of appropriate fire hydrants for fire protection will be addressed as a part of the building permit application process. STREETS/CIRCULATION: This site is adequately serviced by existing T.H. 13 and Blackhawk Road, both of which are currently upgraded to its ultimate design standards and capable of handling the traffic generated from this development. However, with this and other additional developments in the overall industrial park, it is anticipated that increased traffic demands will ultimately require the installation of a traffic control signal on T.H. 13 at Blackhawk Road. The internal parking lot configuration and circulation appears to conform to City Ordinances and standards. However, the northerly most access on Blackhawk Road does not appear to line up opposite the existing access to the LaHass Corporation facility on the opposite side. Therefore, a revised parking lot layout will have to be submitted and reviewed to ensure internal circulation compatability. The parking stalls located on the north side of the northerly most entrance are located in an area that will be very susceptible to foul balls. The parking stall ratio requirements should be reviewed to see if these stalls can be eliminated. If not, they should be relocated to provide an adequate separation from the ballfields. The southerly entrance closest to T.H. 13 provides adequate spacing and stacking and will not create a capacity problem. Page 4 EASEMENTS/RIGHTS-OF-WAY/PERMITS: Any grading or excavation work performed within T.H. 13 will require the appropriate permit from MnDOT. Correspondence from the MPCA should be received in regards to the acceptability of the existing fill material in relationship to the proposed development and existing ground water system. There does not appear to be any other utility, grading or street construction located outside the boundary of this development requiring additional permanent or temporary construction easements. ASSESSMENTS: The property proposed for development under the Ultra IV Addition application has been previously assessed for trunk area sanitary sewer, water and storm sewer facilities at the proper rates. However, Blackhawk Road improvements installed under Project 110B inadvertently ommitted 150' of frontage. The assessments for the recent extension of Blackhawk Road with related storm sewer facilities was withdrawn from the final assessment roll based on objections submitted from the property owner at the hearing held on September 16, 1986. Subsequently, any development on this property should accept these outstanding special assessments. This property has not been previously assessed for its lateral benefit from the trunk sanitary sewer, water main and storm sewn facilities adjacent to this development. This responsibility should`` be a condition of plat approval based on the rates in effect at the time of that approval. These are all identified as follows: Item Quantity Rate Amount Project # Blackhawk Rd. Streets 150'(1) $92.76/ff $13,914.00 110B Lateral Benefit from Trunk Water Main 719.36' 20.55/ff 14,783.00 15 Lateral Benefit from Trunk Sanitary Sewer' 244.87' 15.06/ff 3,688.00 4 Lateral Benefit from Trunk Storm Sewer 740' 10.39/ff 7,689.00 279 & 428 Blackhawk Rd. Streets 225' 59.27/ff 13,335.10 428(2) Blackhawk Rd. Storm (2) Sewer 225' 9.94/ff 2,236.83 428 (1)Unassessed frontage for Blackhawk Road, Project 110B. (2)Figure should be adjusted for interest incurred since September 16, 1986, ( final assessment hearing).' All quantities and rates will be in accordance with the final plat documents and application year. CONDITIONS: ULTRA IV ADDITION 1. All standard platting conditions shall be adhered to. 2. The detailed landscape plan will be required with the final plat and the financial guarentee shall not be released until one year after the date of installation. 3. A parking lot lighting plan shall be submitted with the final plat. No direct lighting source shall be visible from HWY 13. 4. All Sign Ordinances shall be adhered to. 5. This plat shall be subject to a Parks Dedication Fee. 6. No tailgating parties will be allowed. 7. The northerly most driveway access must line up opposite the exiting main entrance to LaHass Corporation on the east side. 8- A revised grading and drainage plan must be submitted to provide the installation of softball fields compatible to City of Eagan recreational standards and other standard engineering concerns. 9- The adjustment to the existing trunk storm sewer and trunk water main facilities shall be the full responsibility of this development. 10- This development shall provide a 17 cfs capacity storm sewer extension to Blackhawk Road for future extension to the east to handle upstream drainage. 11. The northerly most portion of the parking lot should be reduced or relocated to minimize the impact of foul balls from the softball complex. 12. All regulatory agency permits and/or comments shall be obtained prior to final plat approval. 13. This development shall accept its full financial responsibility for additional assessment obligations associated with the development of this property. 14. This development shall provide adequate drainage easements for any existing or proposed utility system or drainage swales providing service to other private/public properties. 5�4 DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT MINNESOTA 1 ) SOIL AND WATER CONSERVATION DISTRICTS April 7, 1987 TO: Mike Foertsch City of Eagan FROM: Lvnn M. Chakoian��. �n Dakota County SP:CD RE: Ultra IV Preliminary Plat Farmington Professional Building 821 Third Street Farmington, MN 55024 Phone: (612) 463.8626 3ACKCI:OUND: A preliminary plat pr000sal for Ultra IV was submitted for erosion and sediment control review. Plans include a site w plan, landscape plan, utility and grading plan. A %Preli.m,inary Erosion and Sediment Control Plan has not been submitted. SOIL AND STATER RP.SOURCES: The site area was previously used for sludge ash fill. The suitability of this soil material for the Ultra IV application needs investigation. The Minnesota Pollution Control Agency should provide input with regard to the potential for groudwater contamination from this material being buried on a longterm basis. No wetlands, water bodies or holding basins are located on the subject property. Channels leaving the site will carry stormwater to the Minnesota River. EPOSION AND SEDIMENT CO*ITP:OL: No Erosion and Sediment Control Plan has been submitted. The plan should follow the "Checklist" and "General Criteria" provided by the City of Eagan. Some specific information follows that may be useful in preparation of the plan. �s AN EQUAL OPPORTUNITY EMPLOYER, I! O EROSION CONTROL MEASURES Within two days of completion of rough grading, the entire site should be seeded and mulched to stabilize the disturbed areas. This especially applies to the ball field area. Once this is re -vegetated, sediment movement off site will be greatly reduced. Seeding and mulching details, as identified on the "Checklist", should be specified. Structural measures needed for erosion control on this site may include temoorary gravel construction entrances, silt curtain along the north and west side of the development, and storm sewer inlet filters. Detailed plans for these structural practices should be provided. The silt curtain shown on the grading and drainage plan is not placed correctly. Relocate this silt fence to the other side of the neer channels. This will help reduce sediment movement into the channels and downstream. Placing silt fence across the channel would be ineffective because the flows would become concentrated. After the silt fence is properly installed, fill should be placed at the silt fence first. This fill will create a berm that will greatly contribute to the effectiveness of the silt fence in stopping sediment movement into the channels. EROSION CONTROL MANAGEMENT All erosion and sediment measures should be in place before grading and then regularly inspected and maintained as needed. The individual responsible for this must be identified on the plan. We recommend that a statement be placed on the development plan indicating that the builders will be responsible for erosion and sediment control during construction. Schedules for installing utilities, revegetation of those disturbed areas, building construction and blacktooping are required. These schedules impact what erosion control measures will be necessary. Disposition of erosion and sediment control measures needs to be addressed. Include a contact person responsible for final clean up of the site. OTHER COMMENTS Adeauate stabilization of the relocated addressed, and of those downstream. NO information was provided in the grading channels needs to be downstream and drainage plan. CONCLUSIONS Gde understand, that with any new program, it takes time to educate those involved in develoninq Erosion and Sediment Control Plans. We hope that Erosion and Sediment Control Plans are submitted with future Preliminary Plats. 1.17e recommend that the Preliminary Plat be approved, but that an Erosion and Sediment Control Plan be submitted and approved before a grading permit is issued or final plat approval. cc: John Z. Marsh, Seenberg-Henkel Co. Heise, Vanny and Associates Brad Swensen, Tri -Land Inc. =01 ri -.4En A ¢C� < -4 77 n srss:�i€�foi5_ .It •i.'St. S�3 F�1a. si Heise �CiB�SS�I1t,�)rdy ULTRA N I 145W - t4•.d s;'.d Ido' S4:o• �.o• - ., O- I ise-e It'd I I la �, � 1 �-, I; �• I I i 1 ♦ N 1 ' 1 k u Q �'-C a=1 r1d INIfdN , it rb�I Cd Itdll c's s-4 Pdi ---- I i 1 � n I Z 0 i! ' .1 • c_ a I I � a rk �4 C . q zff ; ase Heise iUiLTRA IV PLAN _ ---- v I I I Heise s �SSOC�b2S ULTRA IV ELEVATIONS AND - ....-Z SECTION _ - I aa -as -oars 4 IrHeise 779 V 6=:Lates IF ULTRA ELEVATIONS f [JAE f f �IDOIgAC1E10t3��1�h9htil7l'J0471 77:7 r- 0 IA ii, 77- IMD mo; k V.. x 1: 7 F3 E�c tz. 7 1 1111 IN 1ji !I H P I T 77:7 r- 0 IA ii, 77- IMD mo; k V.. x 1: 7 F3 E�c tz. Co n tp",L 2 a > z m C, \sw u I I I j j I I tit it lit J, :L 11L ii.d HeimVLTRA- IV. :SM PLAN vbA acesA . I , F-ArLWS�OTA LANDSCAPE ARCHITECT: S.R.D. a"'So 1111111. .ASA . VIV*11 7 1 1111 IN 1ji !I H P I T Co n tp",L 2 a > z m C, \sw u I I I j j I I tit it lit J, :L 11L ii.d HeimVLTRA- IV. :SM PLAN vbA acesA . I , F-ArLWS�OTA LANDSCAPE ARCHITECT: S.R.D. a"'So 1111111. .ASA . VIV*11 0 C� i I CS• . •: i l � - —rte-----� 1----------- _ r�-.�7 6NAWNGG ROAD (66 RO.wc, ai 5-6) Z • iyi1?l;t:_t L� I �� - -21.00• N/41.901 -A• w! �------- —� IN ti /t/ n '/ .•' \` Z—moow i%�� \ � -''?i p� NCO NN, III NN I —6-6 - • +�' N off' G 15LACKt AAWN . ROAD ( 60• R o.w • 44 6.6) r— —------------y—F —-----------_ f�c�r<� D Z � :1t < ° oti s � � e.� Nye r / • �� a = � +fir r• ,r :A\)O-.v I _1 — 7".77 7 c-7; �,, I: i =7 4 N Ah P. L . .. ......... ..... Jowl 67 JI p*/0- N-6 I 4. z A. el 7 ... T MINA 25 is 4 'FIARK ".Eagan A n F-0 (68 --I nttrc e pto r FOX & .... ..... . . — 130 RIDGE eLl c - 8 C -B Metropolitan- Was e 2 Control Comrnis' Cm -27 s i on JE.- tic Seneca Plant 2 C -3 6// W A 14 =/54:/C --QL.jj "V 36 to 17, r fLCLG '.jY I E6�_ 'il /24 5" 12!' \"%TA K.ENOF j 8 It 5L -44 k 4, ADDITION T-iTL - fv B qLACKH .7 14ILL GAN ME RD 10E' L n -jADD. 'ev OV9 r —V 8- 4A e -CW SUBJECT PARCEL ULTRA IV city- of eagan SANITARY SEWER PUBLIC "IL WORKS co MASTER PLAN N C.) DEPARTMENT] BLACKHAA'K PARK I FIG. standar approved. plate #: 11 .. ......... . . N;4 1 `1176765-9: L4 A-0 N490 C3 ALL CE0 S' CP -0 NN �' INDUSTRIAL/,`AF::790.7 ...... 806.0 AP,2-7 (bx 796 17800,'' ... ... .. .... 'A bbb ENOFK A aw 4. DITION�t— A 9 .6963 .. 703.6', „l j � vj. 1. B - F . -kk A -h-38 �WVT 8C AP 38 839 8 8414 h, 1--T777 -7 16 jT A Rl� L -AP t--3 6— SILL r A 'V7 Y� -,7 4 A- V LL I J� .541' V -,797 3RK g0 .6 Al f m A 1-4 .`36-777 -T- FF., 71112T71 T ... .... ... P -6A T T I I A -u A 95.5 n -r st T.T U. -4. A- nn, F� ALL i H;j-!-ANDAf �A tnr 7 LAN A - p. AGA N X4 Tril' A P i At)C .. ... .... Ro PERS86'.3 'R -EN 11 10 PM990-6 A PARK AP [85 0 'qE 6 rAP 35 /moi IG T 886. 880. 0 C::. f r.-- ,� /,' SUBJECT PARCEL ............... ................. ................ ................ ULTRA IV - city of ea gan STORM SEWER 97 PUBLIC WORKS co DEPARTIVIENJ MASTER PLAN FIG. -*1 approved :I I plate #: A. i . .+, 60.11 61.0 iLL 7,0.3/ 7 i 71.4/8 0 rd ytv' �. �J E q� 83 950' IN DU IAL AFT. _�• :tea 89 .. ,_ ,tea. � • i �'� 7.5'%7@.0 ''+.:• � X12", 1 r 69.0/70.0 85 .87 FOX .�r RIDGE r�7.6/I12 V L 88.7/ 1501 80 106.01 78 TREA MENT ? 68.8/84.0 PL NT S 1 TE ` (32 W.GD,l Fjibyc r 91 74.1/92.0 DG 1 / 30.1 I 92 69.5/8 10 s Li "___N60.4/78.0 / 78.0 18" �?D'G Vi WT � �� ► arm C 84.7 .0/65.0 T:,fLKENOF ,_ _ / 8 56.07\ ADlr6T(flti' I 95 94 J ,86 73.3/74.0 50 C7. ,1 :.59,5� 78.0-- SI i: / MS77, T I. 13 40 Q�� L I D �Q 1'3' 11 SILL 57 f6 Of 131 IAJ' AC 50 R ' 8" _� V �4 QR \ 1V'!aiilti �r� _l,'_.._ll ; iso s7a✓ic�s ,=�1T' 1��e ,• i r`w00DHAVEN '�,r•r,i PARK # rE 13& . *4 1.0 AR _ I r city of eagan 0PUBLIC $ WORKS co DEPARTME ULTRA IV 64.3/84.0 98 _I 56.2/77.0 P. SLACKHAINK PARK LLrj 51.7/67.0 I'1 lift - SUBJECT PARCEL WATER MASTER PLAN FIG. *3 standard approved. plate #: ;� BLACKHAWK RD. 40, dr 6110 Pd y� (=-D I,►► ' M'O'11 ,09� OVOkd 73NMVMD J co 1 = • • • • • • SANITARY SEWER LATERAL BENEFIT 244.87' �+ WATERMAIN LATERAL BENEFIT 719.36' * * * * * * * STORM SEWER LATERAL BENEFIT 740.0' 0 c ® m IE STREETS 150.0' 51� I1 I III \ 1 � I 40, dr 6110 Pd y� (=-D I,►► ' M'O'11 ,09� OVOkd 73NMVMD J co 1 = • • • • • • SANITARY SEWER LATERAL BENEFIT 244.87' �+ WATERMAIN LATERAL BENEFIT 719.36' * * * * * * * STORM SEWER LATERAL BENEFIT 740.0' 0 c ® m IE STREETS 150.0' 51� APC Minutes April 30, 1987 ULTRA IV ADDITION - PRELIMINARY PLAT & CONDITIONAL USE PERMIT At the request of a representative of the developer of Lexington Point 2nd Addition, this item was continued further into the meeting and the second hearing of the evening was in regard to the applications of Ultra IV, Inc. for preliminary plat and conditional use permit for a restaurant/bar with athletic field in a Light Industrial district located on Tract F, RLS Lot #4, west of Highway #13 between Blackhawk and Shawnee Roads in the west half of Section 17. It was noted by _Mr. Runkle that City Code permits Class I (sitdown) restaurant in Light Industrial districts and indoor commercial recreational facility such as bowling alleys and tennis clubs: Outdoor athletic facilities are not addressed in the ordinance. He also noted that on -sale wine and 3.2 beer sales are listed as conditional uses within Light Industrial districts and that the applicant had indicated a desire for a liquor license. Finally, a conditional use permit was being requested for a pylon sign. Mr. Tom Reinen of Heise, Vanney & Associates, 123 No. 3rd Street, #108, Minneapolis, MN was present on behalf of the applicant and reviewed the plan, layout and proposed building construction. There was no one present from the public to address this issue. (.y In response to questions in regard to locker room facilities, attorney John Berglund indicated that none would be provided. Mr. Berglund also indicated that the parking stall numbers could be reduced to prevent potential damage to automobiles from foul balls. Mr. Berglund further -indicated that spectator seating would be provided between the softball diamonds in addition to spectator viewing from the decks of the building. Mr. Colbert indicated that erosion and sediment control would be a standard condition of the plat. In response to member Trygg's comments regarding alignment of the access drives, Mr. Colbert indicated that this could be resolved with the developer. In response to Mr. " Gustafson's questions, the developer indicated that plans to resolve the issues expressed by staff could be submitted to staff by Tuesday, May 5, 1987 if the proposal was recommended for approval to the City Council. Wilkins moved, Gustafson seconded the motion to recommend approval of the preliminary plat, subject to the following conditions: 1. All standard platting conditions shall be adhered to. 2. The detailed landscape plan will be required with the final plat and the financial guarantee shall not be released until one year after the date of installation. 70 r AVC Minutes' April 30, 1987 3.. A parking lot lighting plan shall be submitted with the final` -plat. No direct lighting source shall be visible from Highway #13. 4. All.Sign Ordinances shall be adhered to. -5.- -This plat shall be subject to a parks dedication fee. 6. No tailgating parties shall be allowed. 7. The northerly most driveway access must line up opposite the exiting main entrance to LaHass Corporation on the east side. 8. A revised grading and provide the installation of Eagan recreational standards concerns. 9. The adjustment to the water main facilities shall development. drainage plan must be submitted to softball fields compatible to City of and other standard engineering existing trunk storm sewer and trunk be the full responsibility of this 10. This development shall provide a 17 cfs capacity storm sewer -extension to Blackhawk Road for future extension to the east to handle upstream drainage. ` - 11. The 'northerly most portion of the parking lot should be "educed or -relocated to' minimize -the impact of foul balls from the softball complex. 12. All regulatory agency permits and/or comments shall be obtained prior to final plat approval. 13. This development shall accept its full financial responsibility for additional assessment obligations associated with the development of this property. 14. This development shall provide adequate drainage easements for any. -existing or proposed utility system or drainage swales providing service to other private/public properties. 15. The Planning Commission's recommendation for approval is conditioned upon the developer providing necessary plans -and information to the staff by -May 6, 1987 to address staff concerns in staff's report. Failure to comply with this condition shall result in the plat being considered to have been continued by the Planning Commission until its next regular meeting. All voted yes. Gustafson moved, Trygg seconded the motion to recommend approval of the conditional use permit for softball fields. All voted aye. 1. APC Minutes April 30, 1987 Hall moved, Wilkins seconded the motion to recommend approval of the conditional use permit for on -sale 3.2 beer and wine. In addition, but separate from the previous approval, it is recommended that the conditional use permit, if allowed under the existing City Code and approved by the City Council after the appropriate applications for on -sale liquor, be approved. All voted in favor. Gustafson moved, Trygg seconded the motion to recommend approval of the conditional use permit for a pylon sign, subject to the following conditions: 1. That staff verify that proper notice was provided for the public hearing before the Planning Commission in regard to this matter. 2. All Sign Ordinance requirements shall be adhered to. All voted yes. LEXINGTON POINTE 2ND ADDITION - PD AMENDMENT COMPREHENSIVE GUIDE PLAN AMENDMENT AND PRELIMINARY PLAT The third public hearing of the evening was in regard to the second item' on the- agenda and convened by Chairman Hall. The request of Tri -Land Properties included an amendment to the Lexington South Planned Development, a rezoning of 57.6 acres from CSC (Community Shopping Center) within the Lexington South PD to R-1 PD (Single Family district), Comprehensive Guide Amendment and a preliminary plat consisting of 169 lots located on the northeast quarter of Section 26, south of Diffley Road and east of Lexington Avenue. Mr. Runkle introduced the application, noting that the rezoning for this parcel had been requested upon the application for the 1st Addition in order to facilitate the design and sizing of utilities for that addition. Mr. Brad Swenson was present to answer questions on behalf of the developer and no one from the public was present to address this issue. After discussion in regard to condition 15 of the staff report, the developer indicated that he could comply with the suggestions. The developer indicated the intent to develop the land west of the proposal and east of Lexington Avenue as approximately 50 acres of commercial and 37 acres of apartments. Mr. Colbert indicated that at this time, the only issue was sanitary sewer sizing, which should be based upon the highest use. In response to member Gustafson's questions, the developer indicated that 60% of the lots were undersized and under the 85 foot width. Mr. Swenson expressed concern in regard to the 80 foot right-of-way being requested for Lexington Pointe Parkway. Mr. Colbert indicated that indeed a 70 foot right-of-way would be sufficient if the Advisory Parks Commission and City Council determined that a trailway was not MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MAY 11, 1987 BE: ULTRA IV ADDITION The Advisory Parks & Recreation Commission has reviewed the proposed Ultra IV Addition at its May 7, 1987 Advisory Commission meeting. The Commission is aware that this commercial development proposes softball facilities and indoor volleyball courts associated with a restaurant. Based on the conversations that staff has had with the developer, this is a commercial enterprise operation that the Commission felt would provide little or no benefit to the reduction of recreational needs within the community. Therefore, the Commission has recommended to the City Council that this plat be subject to a commqrc:gal/industrial parks dedication cash requirement. Director `of Parks & Recreation KV/mc cc: Marilyn Wucherpfennig Steve Hanson, Construction Analyst Agenda Information Memo, June 2, 1987, City Council Meeting Page Twenty CODIFICATION OF 1986 CITY CODE A. Codificati of 1986 City Code Amendments --Enclosed on pages _ through is a copy of City Code revisions that were made by he City Council during 1986. Please note that a change will be made under Chapter 5, Item 4, pertaining to pull -tab gambling in licensed establishments to comply with the City Council's direction of the May 19 meeting. The City Code revisions are in order for consideration as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize of the City Code by directing the ordinance codifier all amendments into the present text of the City Cod 7� ethe final update to incorporate document. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VAN OVERBEKE DATE: MAY 26, 1987 SUBJECT: CITY CODE REVISIONS Liz Witt, Dave Keller and I met with Rodger Jensen and Lorraine O'Reilly of Ordinance Codifiers on April 29, 1987, to review the 1987 update to the City Code. They have now submitted ordinances making amendments required by changes to state law and other minor "clean up" items. These amendments will be combined with those made by the City over the past year and the new pages will be run and the Code updated, after City Council approval of the total package. Attached is a copy of Ordinance Codifier's revision memo explaining the changes they are proposing as well as copies of the proposed amendments. By chapter these new amendments as well as previously adopted ordinances are as follows: Chapter 1 Ordinance number 46 inserts "appointed" in front of public official. This is done simply to separate out "elected" public officials which cannot have a designee. Chapter 4 Ordinance number 47 brings the City Code up to date with current law and the most recent building code. Chief Building Official Reid worked with Rodger Jensen, has reviewed the proposed ordinance and has given his approval to it as presented. Ordinance number 44 which changed the fee for signs and eliminated renewal requirements has previously been approved and will be inserted in this chapter. This was actually approved in 1985 but was overlooked in the previous Code update. Chapter 5 Ordinance number 48 brings certain sections of the liquor licensing requirements into compliance with state law. Note that a fine of $2,000 is required and not optional on a suspension or revocation of a license. It also makes a number of changes regarding 18, 19 and 20 year olds entering licensed premises for certain reasons. Please note also the remarks regarding room service as this may be an issue with the Compri Hotel for example. No change to the Code is being proposed to clarify the room service question at this time. 7� City Code Revisions May 26, 1987 Page Two The following ordinances have previously been approved by the City Council and will be inserted into this chapter: 1. Ordinance number 35 which increased the number of allowable on -sale licenses to 18 and redefined the various categories of licenses. 2. Ordinance number 38 which increased the number of allowable off -sale licenses and changed how the number would be determined in the future. 3. Ordinance number 39 which changed the investigation fees for liquor licenses and provided for an escrow requirement. 4. Ordinance number 40 which allowed for pull -tab gambling in licensed establishments. 5. Ordinance number 41 which changed the limitation of ownership and definition of immediate family. Cha ter 6 The following ordinances have previously been approved by the City Council and will be inserted into this chapter: 1. Ordinance number 40 which was also mentioned in Chapter 5 and allows for pull -tab gambling. 2. Ordinance number 42 which eliminates the contractor's licensing requirement. Chapter 8 Ordinance number 49 brings the traffic section of the Code into compliance with current state law. Chapter 11 The following ordinances have previously been approved by the City Council and will be inserted into this chapter: 1. Ordinance number 36 which adds provisions for public hearings renewal, extension and termination of planned unit developments. 2. Ordinance number 43 which adds the provisions for accessory housing. 3. Ordinance number 45 which changes the provisions relating to conditional use permits for motor fuel sales in general business districts. City Code Revisions May 26, 1987 Page Three Chapter 13 Ordinance number 37 which provides for the developers escrow was previously approved by the City Council and will be inserted into this chapter. Please note that the statement in the revision memo about no pending ordinances at this time simply means that no additional changes will be incorporated into this current codification update unless the City Council requests a modification to ordinances 46 through 49. Dave Keller has reviewed these proposed ordinances and is in agreement with them as proposed. There are additional amendments in process which will be incorporated into the update next year. Please let me know if you would like any additional information or if you would like to discuss this in more detail. � ;;;aa Finance\ .`irector/City Clerk cc: Administrative Assistant Witt Attachment EJV/jeh 77 REVISION MEMO - EAGAN May 13, 1987 TO: David G. Keller,.City Attorney FROM: Lorraine E. O'Reilly, Codifier RE: 1987 City Code Revisions - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - We herewith hand you ordinances amending Chapters 1, 4, 5 and 8 of the City Code. You will note that we have assigned numbers to these ordinances beginning with Ordinance No. 46, 2nd Series. According to our information, there are no pending ordinances at this time. Subsequent ordinances adopted after these revision ordinances should be numbered in sequence beginning with Ordinance No. 50, 2nd Series. The enclosed ordinances, together with the covering memo should be reviewed by you and the City staff prior to being submitted to the Council for its consideration. After the ordinances have been adopted and published, please forward published copies to our office so that we are aware of any changes which have been made in the City's review. The revision pages will then be prepared by our office for insertion in the Code. CHAPTER 1 Sec. 1.11 has been amended to provide that only an "appointed" public official may have a designee. CHAPTER 4 Adoption of the State Building Code has been updated in Section 4.01, and we suggest that Doug Reid review this Section for approval. Ordinance No. 44 relating to signs will be inserted in preparing the revision pages. CHAPTER 5 Subparagraph F of Sec. 5.02, Subd. 4, is amended in accordance with MSA 340A.304 which substituted "shall" for "may" and imposi- tion of a $2,000 fine on revocation or suspension of a license. Subd. 4 of Sec. 5.12 is amended to conform to MSA 340A.503 which overrides any City ordinance prohibiting a person 18, 19 or 20 years old from entering licensed premises for the purpose of employment, consuming meals and attending certain social functions. Sections 5.33, Subd. 4; 5.52, Subd. 5; and 5.70, Subd. 3, E, are also amended to conform with that statute. Subparagraph B of Subd. 4, Sec. 5.81 is amended to delete the reference to a 19 -year-old. We have reviewed the statute to determine whether or not "room service" is addressed and find no reference thereto. Both MSA 340A.410, Subd. 7, and Code Section 5.07 refer to the "compact and contiguous" area specified in the license. It would appear to us that if the entire motel premises are described in the license, service to rooms would be covered. However, if only the portion of the premises in which the bar is situated are stated in the license, room service would not be covered under the license. Ordinances numbered 35, 38, 39, 40 and 41 will be inserted in preparing the revision pages. ^TTT r%MTTT1 G Ordinances numbered 40 and 42 will be inserted in prepari-ng the revision pages. CHAPTER 8 Section 8.01 is updated to adopt Chapters 168, 169 and 171 through Laws 1987. CHAPTER 11 Ordinances numbered 36, 43 and 45 will be inserted in preparing the revision pages. CHAPTER 13 Ordinance No. 37 will be inserted in preparing the revision pages. cc: Eugene VanOverbeke, City Clerk -Treasurer V (memo only) 79 ORDINANCE NO. 46, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 1 ENTITLED "GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLA- TION" BY CHANGING A PROVISION RELATING TO PUBLIC OFFICIALS; AND, BY MAKING THIS ORDINANCE APPLICABLE TO EVERY CHAPTER, SECTION OR OTHER PROVISION OF THE CITY CODE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Sec. 1.11, is hereby amended, to read: SEC. 1.11. REFERENCE TO A PUBLIC OFFICIAL. Wherever an appointed public official is referred to in the City Code, the reference shall include such public official or his designee. Section 2. This ordinance shall be applicable to every chapter, section, or other provision of the Eagan City Code. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk Date Ordinance Adopted: Date Ordinance Published: MEAN CITY OF EAGAN CITY COUNCIL -`- Its Mayor ORDINANCE NO. 47, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 4 ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY CHANGING PROVISIONS RELATING TO ADOPTION OF THE STATE BUILDING CODE BY REFERENCE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Section 4.01, is hereby amended, to read: SECTION 4.01. BUILDING CODE ADOPTED. The Minnesota State Building Code (SBC), including: A. Chapter 1300 - Code Administration. B. Chapter 1305 - 1985 Uniform Building Code including required provisions of Appendix Chapter 35. C. Chapter 1315 - Electrical Code. D. Chapter 1320 - Elevators and Related Machines. E. Chapter 1325 - Solar Energy Systems. F. Chapter 1330 - Technical Requirements for Fallout Shelters. G. Chapter 1335 - Flood Proofing Regulation. H. Chapter 1340 - Facilities for the Handicapped. I. Chapter 1345 - Minnesota Heating, Ventilating, Air Conditioning, and Refriger- ation Code. J. Chapter 1350 - Manufactured Homes. K. Chapter 1355 - Plumbing Code. L. Chapter 1360 - Prefabricated Structures. M. Chapter 1365 - Variation of Snow Loads. N. Chapter 4215 - Model Energy Code Amendments; also, (1) 1985 Uniform Building Code, Chapter 1 - Life Safety Requirements for Existing Buildings, Chapter 7 - Covered Mall Buildings, Chapter 55 - Membrane Structures (air -inflated structures), (2) Minnesota Plumbing Code Appendix C - Guide for Sizing the Water Supply System, Appendix D - Sizing the Building Water Supply System; and, (3) 6 MCAR, Sec. 4.8040 - Individual Sewage Treatment Standards by the Minnesota Pollution Control Agency, are hereby adopted by reference as though set forth verbatim herein. One copy of said Code shall be marked CITY OF EAGAN - OFFICIAL COPY and kept on file in the Protective Inspections Department and open to inspection and use by the public. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk Date Ordinance Adopted: Date Ordinance Published: CITY OF EAGAN CITY COUNCIL By: M WA Its Mayor ORDINANCE NO. 48, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY CHANGING PROVISIONS RELATING TO REVOCATION AND SUSPENSION OF LICENSES, UNLAWFUL ACTS AND EMPLOYMENT OF MINORS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Sec 5.02 entitled "Applications and Licenses Under This Chapter - Procedure and Administration" is hereby amended by changing Subparagraph F of Subd. 4, to read: F. Revocation or Suspension. The Council shall revoke or suspend, for a period not to exceed sixty days, a license granted under the provisions of this Chapter, or impose a civil fine not to exceed $2,000.00, for each violation on a finding that the licensee has failed to comply with a statute, regulation or provision of the City Code relating to alcoholic beverages. The Council shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of beer, wine or liquor upon premises of the licensee, or if such revocation is mandatory by Statute. If it shall be made to appear at the hearing thereon that such violation was not willful, the Council may order suspension; provided that revocation shall be ordered upon the third such violation or offense. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing under the Administrative Procedures Act, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds for revocation or suspension stated in the City Code or Statute, the following shall also be grounds for such action: (1) that the licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of beer, wine or liquor; (2) that the licensee had knowledge of such illegal acts upon licensed premises, but failed to report the same to police; (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or, (4) that the activities of the licensee created a serious danger to public health, safety, or welfare. 83 Section 2. Eagan City Code Sec. 5.12 entitled "Minors as Defined in Section 5.01 - Unlawful Acts" is hereby amended by changing Subd. 4, to read: Subd. 4. Entering Licensed Premises. It is unlawful for any minor, as defined in this Chapter, to enter licensed premises for the purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any person who has attained the age of eighteen years to enter licensed premises for the following purposes: (1) to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; (2) to consume meals; and (3) to attend social functions that are held in a portion of the establishment where liquor is not sold. It is unlawful for a licensee to permit a person under the age of eighteen years to enter licensed premises unless attending a social event at which alcoholic beverages are not served, or in the company of a parent or guardian. Section 3. Eagan City Code Sec. 5.33 entitled "Beer License Restrictions and Regulations" is hereby amended by changing Subd. 4, to read: Subd. 4. No person who has not attained the age of eighteen (18) years shall be employed to sell or serve beer in any on -sale establishment. Section 4. Eagan City Code Sec. 5.52 entitled "Liquor License Restrictions and Regulations" is hereby amended by changing Subd. 5, to read: Subd. 5. No person under the age of eighteen (18) years shall be employed upon premises, or in any rooms constituting the .same, except that persons under the age of eighteen years may be employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant, hotel or motel. Section 5. Eagan City Code Sec. 5.70 entitled "On -Sale Wine" is hereby amended by changing Subparagraph E of Subd. 3, to read: E. No person under eighteen (18) years of age may be employed in a place where liquor is sold for consumption on the premises, except persons under eighteen years of age may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may be employed as waiters or waitresses at a restaurant or hotel where only wine is sold, provided that the person under the age of eighteen may not serve or sell any wine. 0 Section 6. Eagan City Code Sec. 5.81 entitled "Consumption and Display" is hereby amended by changing Subparagraph B of Subd. 4, to read: B. It is unlawful for any minor to be assigned a locker for the storage of liquor or to consume or display liquor on any premises under control by such club. Section 7. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL I is Cler k Its Mayor Date Ordinance Adopted: Date Ordinance Published: ORDINANCE NO. 49, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 8 ENTITLED "TRAFFIC REGULATIONS" BY CHANGING A PROVISION RELATING TO ADOPTION OF THE TRAFFIC REGULATION ACT BY REFERENCE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 8.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 8.01 is hereby amended, to read: SECTION 8.01. MINNESOTA STATUTES, CHAPTERS 168, 169 AND 171 ADOPTED BY REFERENCE. Except as otherwise provided in this Chapter, or in Chapters 7 and 9 of this Code, the regulatory and procedural provisions of Minnesota Statutes, Chapter 168, Chapter 169 (commonly referred to as the Highway Traffic Regulation Act) and Chapter 171, as amended through Laws 1987, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL Its Clerk Date Ordinance Adopted: Date Ordinance Published: --- Its Mayor Agenda Information Memo, June 2, 1987, City Council Meeting Page Twenty -One SPECIAL PERMITJKNUTSON RUBBISH B. Special Permit for Knutson Rubbish Service for Recycling Drop - Off --The City has received an application submitted by Knutson Rubbish Service for a special permit to allow a recycling drop-off center located on Lot 1, Block 2, Cedar Grove 4th Addition. For additional information on this item, ref r to the Planning Department report, a copy is enclosed on pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special permit for Knutson Rubbish Service as presented. g1 CITY OF EAGAN SUBJECT: SPECIAL PERMIT APPLICANT: KNUTSON RUBBISH SERVICE LOCATION: LOT 1, BLOCK 2, CEDAR GROVE 4TH ADDITION ZONING: R-1, SINGLE FAMILY DATE OF PUBLIC HEARING: JUNE 2, 1987 DATE OF THE REPORT: MAY 26, 1987 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUBMITTED: An application has been submitted requesting a special permit for a recycling drop-off center located on Lot 1, Block 2, Cedar Grove 4th Addition (2014 Shale Lane). PLANNERS COMMENTS: The site is located at the intersection of Shale Lane and Rahn Road. To the east is single family and duplex housing units, to the south is Rahn Park and to the north are single family dwelling units. The applicant is proposing to utilize an existing 30' X 40' building to serve as a recycling drop-off center. The proposed use is within an existing R-1, single family, zoning district. The lot contains approximately 11,000 S.F. with building coverage being approximately 23%. This special permit, if approved, will be subject to annual review by the Eagan City Council and no outside storage will be permitted. This special permit will also be subject -to all applicable City Ordinances. I I I 1 I I I 1 I I I I I I I I I I I Ln o, 00 I I I i I I I I I I I I I I 4' x 4' Recycling Center Sign t 30 x 40 BULDING �V w 0 x ------------------------ 121'.96------------------- RAHN ROAD w z a w a x 0 v, I i i I I, I I I I I I I I I Agenda Information Memo, June 2, 1987, City Council Meeting Page Twenty -Two WAIVER OF PLAT B.H. GRACE FOR DUPLEX C. Waiver of Plat for B.H. Grace for a Duplex Lot Split on Lots 2 and 4 of Block 1 and Lot 2, Block 3 of Rahn Ridge Addition --An application was submitted by the B.H. Grace Corporation for a waiver of plat requesting the division of duplex lots located on Lot 2, Block 1 and Lot 4, Block 1 and Lot 2, Block 3 of Rahn Ridge First Addition. Enclosed on pages _ throughKoed is a copy of the Planning Department report reg ring the pro waiver of plat. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the waiver of plat for the division of duplex lots as requested by the B.H. Corporation. CITY OF EAGAN SUBJECT: WAIVER OF PLAT #31—W-13-5-87 APPLICANT: B. H. GRACE CORPORATION LOCATION: LOT 2, BLOCK 1; LOT 4, BLOCK 1; AND LOT 2, BLOCK 3 — RAHN RIDGE EXISTING ZONING: R-2 (DUPLEX) DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: JUNE 2, 1987 MAY 22, 1987 PLANNING DEPARTMENT APPLICATION: An application has been submitted for a waiver of plat requesting the division of duplex lots located on Lot 2, Block 1; Lot 4, Block 1; and Lot 2, Block 3 of Rahn Ridge 1st Addition. PLANNER COMMENTS: Lot 2, Block 1 is located northwest of Pin Oak Drive and abuts a duplex lot on its southwest side and Outlot F on its northwest side. Sufficient utilities exist to meet the needs of the subsequent individual lots. Lot 4, Block 1 is located north of Pine Oak Drive and abuts duplex lots to the west and east. Sufficient utilities exist to meet the needs of the subsequent individual lots. Lot 2, Block 3 is west of Vienna Lane and abuts duplex lots on its north and south side. Sufficient utilities exist to meet the needs of the subsequent individual lots. If these waivers of plat are approved, all other applicable city ordinances shall apply. 9/ Hedlund Engineering Services 9201 East Bloomington Freeway Bloomington, Minswta 85420 Loud Surveyors Civil Engineers Land Planners Phone: 666-0269 ep ro L=f— BOOK -1-9- PAGE 49 Joe N0. ate - s 50 $URVEY FOR: B. H. GRACE Maui L1 AS: PARCEL A: That part of Lot 2, Block 1, RAHN RIDGE, City of Eagan, Dakota County, Minnesota, lying northeasterly of a line drawn from a point on the soueasterly line of said Lot 2 distant 50.87 feet northeast of the most southerly corner thereof, to a point on the northwesterly line of said Lot 2 distant 49.69 feet northeast of the most westerly corner thereof,. and reserving easements of record. PARCEL B: That part of Lot 2, Block 1, RAHN RIDGE, City of Eagan, Dakota County, Minnesota, lying southwesterly of a line drawn from a point on the soueasterly line of said Lot 2 distant 50.87 feet northeast of the most southerly corner thereof, to a point on the northwesterly line of said Lot 2 distant 49.69 feet northeast of the most westerly corner thereof, and reserving easements of record. CLUTIFiCATE OF LOCATION OF GUK&MG 1 hereby certify that on 5 / 1 / 67 rnerle a survey of the laccilon of Ih• t� buila:i:.� or. d:o above describud properly 9(R ane' Sl,ct Shu locption of sold building is correctly shown on the above plat. ti TOP OF FOUNDATION = 925.4 GARAGE FLOOR = 9Z5.0 BASEMENT FLOOR = q2 t.2 SEWER SERVICE ELEV. = N/A PROPOSED ELEVATIONS EXISTING ELEVATIONS : DRAINAGE DIRECTIONS : v DENOTES LOT CORNERS ; o DENOTES OFFSET STAKE: 0 a IbO. g2 � 922.E /0 v14p o- 10 N. 44.040-04" W. Y 16 I 24 vI � PtaoPose 1.: �I n Hpu9E a r q I N 5c 24 O+' GAR. rp N PROVE) ren Is —11M j 24 n1 c GAR. c �J DRIVE SOI B o NOFMEG ~ k*J r 22 r r o c I eo r I � c c �4 N 6L _ Y tA: 922.2 cc 921.5 1 93o.a 155.24 9zi.e N. 416' 4-0'04" W. I CXRTt>" &TE QF SURVEY p I hereby certify that on i2- /39 / 86 I surveyed the property described above and that the above plot is a correct representation of said survey. 11 J'VD. L ndgren, License %o. 14376 Hedlund Engineering Services 9201 East Bloomington Freeway Bloomington, Minnesota 55420 Ldnd Surveyors Civil Engineers Land Planners Phone: eaa-0289 ��rye�/i�r`s �'ert�f�c�rte r BOOK 98 PAGE 5° JOB NO. 871?"243 SURVEY FOR: B. 11. Grace Corp. DESCRIBED AS: PARCEL A: That part of Lot 4, Block 1, RAHN RIDGE, City of Eagan, Dakota County, Minnesota, lying westerly of a line drawn from a point on the north line of said Lot 4 distant 50.00 feet west of the northeast corner thereof, to a point on the south line of said Lot 4 distant 50.00 feet west of the southeast corner thereof, and reserving easements of record. PARCEL B: That part of Lot 4, Block 1, RAHN RIDGE, City of Eagan, Dakota County, Minnesota, lying easterly of a line drawn from a point on the north line of said Lot 4 distant 50.00 feet west of the northeast corner thereof, to a point on the south line of said Lot 4 distant 50.00 feet west of the southeast corner thereof, and reserving easements of record. CERTIFICATE OF LOCATION OF aulWING heroby cortify that on 5/1/87 _.- 1 mode a survey of the location of tha building on ilia above de%trihod proporty sad that the locution of buid building Is correctly shown on the abar plat. � 134-0 ul � ERS 7- /00.00 - ioaov 0o 50.00 932.0 AB z" 930.6 5G �7.G,7 1 3c7 r, GAR p I 1 1 «2•_ I Q—Q-D N.4 T I J 50.E 929.1 930.9 929. a 929.8 P/N 0/7il OR/VE CERTIFICATE OF SURVEY n I hereby certify that on 4/ I(. /87 I surveyed the property described above and that the above plot Is a correct representation of sold survey. Jeff I ren, License No. 14376 v' �J C ti ERS 7- /00.00 - ioaov 0o 50.00 932.0 AB z" 930.6 5G �7.G,7 1 3c7 r, GAR p I 1 1 «2•_ I Q—Q-D N.4 T I J 50.E 929.1 930.9 929. a 929.8 P/N 0/7il OR/VE CERTIFICATE OF SURVEY n I hereby certify that on 4/ I(. /87 I surveyed the property described above and that the above plot Is a correct representation of sold survey. Jeff I ren, License No. 14376 Hedlund Engineering Services 9201 East SloaminglonFreeway SloortiNton, Minnesota 55420 Land Surveyors Civil Engineers Land Planners Phone: 688-0269 SAOM010'IS Certifiut •—....-- BOOK" PAGE SI JOB NO. EL'60 SURVEY FOR. B. 11. Grace Corp. oE7'icl WEO AS; ` PARCEL A: That part of Lot 2, Block 3, RAHN RIDGE, City of Eagan, Dakota County, Minnesota, lying northerly of a line drawn from a point on the east line of said Lot 2 distant 54.90 feet north of the southeast corner thereof, to a point on the west line of said Lot 2 distant 54.90 feet north of the southwest corner thereof, and reserving easements of record. PARCEL B: That part of Lot 2, Block 3, RAHN RIDGE, City of Eagan, Dakota County, Minnesota, lying southerly of a line drawn from a point on the east line of said Lot 2 distant 54.90 feet north of the southeast corner thereof, to a point on the west line of said Lot 2 distant 54.90 feet north of the southwest corner thereof, and reserving easements of record. VIENNA 9Z0.q aZd.4 u 9 L9.3 1 T j%c h'= 30 Feat CWiFICATE OF LOCATION OF BUILOIi44 I hrreby c.:rtiiy that on 5/1 /87 1 Buda a curvuy of tho locarion of the bui%.'ing oi: the aL-ave duccribed property a14 th-at ilia location of said building LANE corructly shown an ilio abor plot. 0 55.10 54.90 0 I 52_9.1 �� 4iu8 91.n 19le.s I f93Ab 914 i.� Zz. FE10 I - it 1 11 C b '3 ,` 11 C I PROPOSED ' I ' m FIOLE R ab.0 Ln PQ°Fo-EP n � t-O.rT Wiww o HoJF.E I I 3Z I 31 I 92L,f 97y. N Do 4i�1 J 923.6 925.41 d 915-3 I W — I I 1 I � I I ' I I I � I I I is 929.6 11W.01 q2 --s S O040'33"E C.ERTIFICA,TE OF SURVEY P I hereby certify that an 3 / . t / B ► I surveyed the property described above and that the above plot is o correct representation of saig survey. n Jef e . L dgren, Llconsi No. 14376 Agenda Information Memo, June 2, 1987, City Council Meeting Page Twenty -Three VARIANCE/FRONT YARD SETBACK FOR TIM GARNEY D. Variance for Tim Garney for a 5' Front Yard Setback to Allow a 25' Setback on Lot 33, Block 2, Wilderness Ponds Addition --An application was submitted by Tim Garney requesting a 5' front yard setback variance that would allow a house to be situated 25' from the front yard property line at 1286 Wilderness Curve. Upon review of this application, the Engineering Division strongly recommends that this variance request be denied. Right-of-way width for this subdivision was reduced from the standard 60' to 50' to give additional consideration to setbacks in trying to save the trees and in consideration of lot depths. With the development plan, the developer indicated that houses could be built without any variance requests. Because of the reduced right-of-way width of 50', there is only an 8' boulevard. With the standard 30' setback to the garage, this would provide 38' which is the absolute minimum necessary to allow two cars to park front to back in a driveway without any overhang into the street. By reducing the setback to 251, it will result in certain encroachment in the travel way. It is recommended that the house be redesigned to better fit the lot rather than to compromise the City standard ordinances which have been identified as a safety issue in this particular case. For additional information on this item, ref r to the Planning Department report, a copy is enclosed on pages through /Q . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 5' front yard setback variance to allow a 25' setback as requested by Tim Garney for Lot 33, Block 2 of Wilderness Ponds Addition. CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: TIM GARNEY LOCATION: LOT 33, BLOCK 2, WILDERNESS PONDS EXISTING ZONING: R-1 DATE OF PUBLIC HEARING: JUNE 2, 1987 DATE OF REPORT: MAY 22, 1987 REPORTED BY: KENNETH ROBERTS, PLANNING INTERN APPLICATION: An application has been submitted requesting a 5' front yard setback variance that would allow the house to be situated 25' from the front yard property line at 1286 Wilderness Curve (Lot 33, Block 2, Wilderness Ponds). PLANNER COMMENTS: The purpose for the 5' variance is to give the owner an improved chance of saving two large pine trees on this lot. If the home is built at the required 30' setback, the trees would be 3' and 5' from the house. At this position, according to the University of Minnesota Horticultural Service, the trees would probably die. With the 5' variance, the extra room away from the trees would give them a much better chance of surviving during and after construction. ra- noneC 239.01 "O u E COJISUL71110 USC -ON PIENGINCERING PLR1111EAS and LAH6 iuRVEVOAs 1om� s COMf�HY, INC. 1000 GST 14615 STREET, BURIISVILLE, 1111111ENTA 5:_37 PH 4:23000 LOT, .331 RLOGk' , WILDCFZNESS PoNPS, OAKOTA COUN'I"Y, 10INNE'S01-A r==�� pENOT•LS c--y1s-riNG FLCNA-TInN C ) nC NO -r-1_"; f ROP')SCD 1 LI..V(1I"IoN INI�IC/lTr_ plr;l L I low f,1 S VRI'Au. = 171N I S Ili: i>-ilRrlc,t. FLOOR ELL"VATION /' L SCA1,S: _ I"= 30' 0) 85 c. — ' 30" BUILDING SETBACK LINE Z Q. +24.33 r 10.331 CalIR.IfiF. N 1 U•. `1 • � of at PRoro.SF P �h• 1 �L �'� ; Imus r_ 0.50 r v' 13.00 �_ 50 1 `\ 3 \ s 0., A' L. 155.79 N 860 58' 00'E DRAINAGE AlJP UTILITY 1:/1�,EMCNT t I hereby certify that this is a true and correct representation of a tract of land as sho+rn'and described hereon.. As prepared by me on this I .day of , is q7- Ninn. ARE. No -`s 239.01 �QE CONSULTING 1HGIHEE5S RUSCQN CNGINEEAING PLANHEAS and LANA SURVEYORS HOMES COMPANY, INC. . MOO EAST I46in STREET, BURN:YILLE, UINNESOTA 6337 PH i=2'3000 �agal Iae.�criP�iorL: LOT. 33, 13LOCK 2, WILDERNESS PONDS, DAKOTA COUNTY, MINNESOTA rfi9,T) DENOTES EXISTING ELEVA'T'ION (%:V,5) DENOTES PROPOSED ELEVATION ..� INDICATES T)IRI x 1 l oN of SURFACE DRAT AGE 93 = FINISHED GARAc;r" FLOOR ELEVATION SCALE: I"=301 p b1rILDERNESS Cgs9i 159.47 4 = 3300D1Uq g.3/ 9 1. 8 s� 9L 2.5 BVI LDIIJG SETBACI,' LINE N --- -7I.il (R7J.�J o 24.33 '5770. 3 GARgGE w �97J.S� I a I 3.00 N N 0- 00 m LO PROP 10 11 SAN n�— � .�L2.SO�a 11.5 ��jj,3 3 DRAINAGE AND 0-r 5 IL_C_ UTILITY F_EMr-.Nr k - kn 155.79 �5- N Bio° 58' 00"E . (�j53•�� I hereby certify that this is A true and correct representation of a tract of land as aho,.n'and described heraon.• As prepared by me on this :0151 -'day of 19Z,• Henn. Rag. No. /Gosrf— J',?"�"yy��i::a.. dre �r-� C qtr: . ' _' � �t a ' ,�t '�� ;�• ��r''" K�.��- Jt „SLI,. � � �'� ' •,. ♦ r1<., �.1 ±`� .. ��. 46}.t t d.'. �•. y all IN 7 L''_'lZr, a�j i _ � ��:. � +�`#�� _'` Hy71 lry}� �fyr,•. p�{ Y' R • y �}� k� fi, 4'•^X� �'�{�� }#.S:L' ,» -" ';. err• .;I�s H y p �'�, rid •..�' .. >' i'S,F1� . ':: . A Y � • Agenda Information Memo, June 2, 1987, City Council Meeting Page Twenty -Four (ADDITIONAL ITEMS PUBLIC IMPROVEMENT CONTRACTS A. Public Improvement Contracts -- Item 1. Contract 87-5, Receive Bids/Award Contract (Lexington Hills Additon - Sanitary Sewer and Northview Park Trunk Storm Sewer) --At the May 19th meeting, the Council was presented with the results of the bid opening in consideration of awarding the contract for the above referenced public improvements. As a result of an analysis of the bids in comparison to the Feasibility Report estimate, it was discovered that the bids exceeded the estimate by 12.4% for the sanitary sewer servicing the Lexington Hills and Lexington Way area. Subsequently, the Council continued consideration of contract award to allow the staff to meet with the affected property owners to review the cost over -runs as a result of competitive bids. On May 26th, a neighborhood meeting was held with all affected property owners to explain the cost over -runs. As a result of this meeting, there was total concurrence that the project should continue as proposed. Therefore, it would be in order for the Council to formerly consider contract award. Enclosed on page � is a tabulation of the bids received on May 14th. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for contract 87-5 (Lexington Hills Addition/Sanitary Sewer and Northview Park - Trunk Storm Sewer) and award the contract to Norex, Incorporated in the amount of $449,420.75. /o 102,-- PROJ. 478 CITY CONTRACT NO. `87-8 454R Low'Bid LEXINGTON HILLS FIRST ADDITION 328,255 5,000 Feasibility Report (F.R.) SANITARY SEWER EXTENSION 279,220 NA Engineer's Estimate (E.E.) CITY PROJECT NO. 478 328,000 10,000 ►LEXINGTON AVENUEYNORTHVIEW PARK +12.44% +17,56% NA POND JP-29, JP-34 OUTLET TRUNK STORM SEWER CITY PROJECT N0. 479 EAGAN, MINNESOTA BID TIME: 10:30 A.M.' C.D.S.T. BID DATE: Thursday Ma 14, 1987 CONTRACTORS TOTAL BASE BID 1. Norex $4499420.75 2. Nodland Associates 463,090.00 3. Burschville 469,471.20 .4. Horthdale Construction 473,229.50 5• L & G Rehbeia 479,960.20 6. Richard Knutson 487,640.92 7. F.F. Jedlicki 4921493.50 8. Orfei 534,607.39 102,-- PROJ. 478 479 454R Low'Bid 115,716 328,255 5,000 Feasibility Report (F.R.) 102,910 279,220 NA Engineer's Estimate (E.E.) 111,000 328,000 10,000 % Over W /Under (—) F.R. +12.44% +17,56% NA 102,-- Agenda Information Memo, June 2, 1987, City Council Meeting page Twenty -Five Item 2. Contract 87-12, Receive Bids/Award Contract (Lexington Square 6th Addition/Northview Park Road, Streets & Utilities) --At the May 19th meeting, the Council continued consideration of contract award for receipt of formal state aid approval of the plans and specifications. This state aid approval has subsequently been received and it is now in order for the Council to consider formal contract award. Enclosed on page I� is a copy of the tabulation of bids received on May 1st. - ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 87-12 (Lexington Square 6th Addition/Northview Park Road - Streets and Utilities) and award the contract to Richard Knutson, Incorporated in the amount of $431,381.20. /63 ENGINEER'S ESTIMATE ------------ 3470e FEASIBILITY REPORT EST. % UNDER FEASIBILITY REPORT ESTIMATE $ UNDER ENGINEER'S REPORT EST MATE I $455,000.00 $509,445.00 -17.1% - 5.2% _ Our File No. 49405 LEXINGTON SQUARE 6th ADDITION (NORTHVIEW PARK ROAD) UTILITY AND STREET IMPROVEMENTS M.S.A.P. No. 195-118-01 CITY CONTRACT NO. 87-12 CITY PROJECT NO. 485 EAGAN, MINNESOTA BID TIME: 10:30 A.M. C.D.S.T. BID DATE: Fri. May 1 1987 CONTRACTORS TOTAL BASE BID 1. Richard Knutson $431,381.20 2. Burschville Construction 434,244:95 3. G.L. Contracting 447,196.72 4. Northdale Construction 448,004.70 5. Orfei & Sons 459,851.22 6. Lake Area Utility 465,809.30 7. Widmer Bros. 439 454.60 8. S.J. Louis Construction _506,425.10 ENGINEER'S ESTIMATE ------------ 3470e FEASIBILITY REPORT EST. % UNDER FEASIBILITY REPORT ESTIMATE $ UNDER ENGINEER'S REPORT EST MATE I $455,000.00 $509,445.00 -17.1% - 5.2% Agenda Information Memo, June 2, 1987, City Council Meeting Page Twenty -Six Item 3. Contract 87-11, Receive Bids/Award Contract (Greensboro 2nd Addition - Streets & Utilities) --At the May 19th meeting, the Council continued consideration of this contract award pending receipt of the permit required for the crossing of the Williams Brothers Pipeline. It is anticipated that this permit will be received by the Tuesday night Council Meeting. Enclosed on page � is a tabulation of the bids received on May 13th. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for contract 87-11 (Greensboro 2nd Addition - Streets & Utilities) and award the contract to G & L Contracting, Incorporated in the amount of $288,883.49. GREENSBORO 2ND ADDITION UTILITY & STREET IMPROVEMENTS CITY,PROJECT NO. 493, CONTRACT 87-11 EAGAN, MINNESOTA 1. GL Contracting 2. N6dIand 2Kssociatds 3. Orfei & Sons 4. Burschville Construction 5. Annandale Cont. 6. Ceca Utilities 7. Lake Area Utility 8. Northdale Construction ENGINEER'S ESTIMATE ----------- Feasibility Report % Bid Under Feasibility Report % Bid Under Engineer's Estimate /10/0 BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Wednesday, May 13, 1987 $288,883.49 302,132-.50 335,568.67 352,366.95 ' 356,151.75 368,946.00 370,511.45 388.226.00 $346,000.00 346,875.00 —16.7% —16.5% Agenda Information Memo, June 2, 1987, City Council Meeting Page Twenty -Seven Item 4. Contract 87-15, Approve Plans/Authorize Ad for Bids (East Westcott Road) --Detailed plans and specifications have been completed for the grading and installation of utilities for the last segment of Wescott Road from the Greensboro 2nd Addition to South Hills. These plans have been reviewed by all appropriate staff personnel and are being presented to the Council for formal approval and authorization to advertise for the formal bid opening and submission to the state for state aid approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 87-15 (East Wescott Road - Grading and Utilities) and schedule a bid opening to be held at 10:30 a.m. on Thursday, July 2, 1987. 167 Agenda Information Memo, ,lune 2, 1987, City Council Meetinq Page Twenty -Eight PRIVATE IMPROVEMENT CONTRACTS B. Private Improvement Contracts -- Item 1. Contract 87-H, Approve Escrow Agreement/Financial Guarantee Contract (Lone Oak Drive - Streets and Utilities) --The developer of the Lone Oak Addition would like to proceed with the installation of streets and utilities for Lone Oak Drive between Lone Oak Parkway and Lone Oak Road adjacent to the proposed Cray Addition. Because these public improvements will be installed privately but not in conjunction with any specific development application, it is necessary to prepare a special escrow agreement and financial guarantee contract which is usually incorporated within a typical development contract agreement for a subdivision. This agreement has been prepared and reviewed by both the Engineering and City Attorney Departments and is being recommended for formal approval by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve agreement/financial guarantee contract for Contract 87-H Drive - Streets and Utilities) and authorize the Mayo Clerk to execute all related documents. MA the escrow (Lone Oak r and City