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04/04/1989 - City Council Regular
AGENDA REGULAR MEETING KAGAN CITY COUNCIL KAGAN, MINNESOTA MUNICIPAL CENTER BUILDING APRIL 4, 1989 6:30 P.M. I. 6:30 - ROLL CALL 6 PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES (BLUE) � A III. 6:40 - PRESENTATION TO "CASH FOR TRASH" RECYCLING WINNER (BLOB) IV. 6:45 - DEPARTMENT BEAD BUSINESS (BLUE) A. PUBLIC WORKS DEPARTMENT: P2 1. Grading Permit EX 18-189 (Seneca Wastewater Treatment Plant) - Extended Hours of Operation V. 6:55 - CONSENT AGENDA (PINK) p A. PERSONNEL ITEMS f (p B. LICENSE, Gambling, Application for Knights of Columbus #7604 Eagan, Pull -Tabs P 1at Richard's Food and Liquor C. SERVICE STATION PERMIT AND CIGARETTE LICENSE, For Yokum Oil Company, Inc., as Texaco Super Store, 1579 Cliff Road p. �0 D. CONTRACT 89-06, Approve Plans/Authorize Ad for Bids (Cliff Road Booster Pump) P 1 JOECONTRACT 88-26, Approve Plans/Authorize Ad for Bids (Daniel Drive - Streets ' and Utilities) F. CONTRACT 89-07, Approve Plans/Authorize Ad for Bids (Well #14) P ,�3 G -CONTRACT 89-10, Approve Plans/Authorize Ad for Bids (Well #15) H. VACATE DRAINAGE 6 UTILITY EASEMENT, Receive Petition/Order Public Hearing (Lots 3, 4 and 5, Block 1, Berry Ridge Addition) P. (5 I. PROJECT 544, Final Assessment Roll/Order Public Hearing (Streetlights - Drake Drive and Mallard Park 3rd Addition) Q (L J. FINAL PLAT, Laurent First Addition p.19 K. FINAL PIAT, Galaxie Cliff Plaza �Q a L. AUTHORIZE Pay Off of I.D.B. for Borchert Ingersoll y,�M. CONTRACT 89-12, Approve Plans/Authorize Ad for Bids (Tennis Court Construction, r Resurfacing and Fencing) Z<N. CONTRACT 89-09, Approve Plans/Authorize Ad for Bids (Johnny Cake Ridge Road - Streets and Trailway) VI. 7:00 - PUBLIC HEARINGS (SALMON) PZ1 A. VACATE PUBLIC RIGHT-OF-WAY, Egan Avenue (North of Vilas Lane to Pilot Knob Road) B. PROJECT 487R, Final Assessment Hearing (Braun Court - Streets and Utilities) %4 pP P't C. PROJECT 518, Final Assessment Hearing (Eagan High School - Utilities) l t{jD. VACATE PUBLIC RIGHT-OF-WAY, Auge Road (West of Lot 14, Treffle Acres) VII. OLD BUSINESS (GRAY) P �n. REQUEST TO AMEND Chapter 6 of Eagan City Code Regarding Masseur and Masseuse Licenses VIII. NEW BUSINESS (TAN) S` A. REQUEST (Blue Bell Ice Cream, Co. and Penguin Ice Cream) to Operate Ice Cream Trucks on Public Streets Within the City of Eagan ('3B. VARIANCE, Leo Amundson, 1470 Highview Avenue, Variance of 4' to the Sideyard Setback of 101, Lot 4, Block 4, Valley View Plateau 1 C. VARIANCE, Best Brands, Inc., 1765 Yankee Doodle Road, Variance of 1.618 to Pthe Maximum 358 Lot Coverage in a LI District 015D. CONDITIONAL USE PERMIT, Crown CoCo, Inc. (E-Z Stop Store), to Allow Retail F• Sales of 3.2 Beer in a GB (General Business) District Located at 4195 Nicols p Road in the SW 1/4 of Section 19 LVE. LICENSE, Non-Intoxicating Malt Liquor, Eagan E-Z Stop at 4195 Nicola Road � RV. CONDITIONAL USE PERMIT, Crown CoCo, Inc. (E-Z Stop Store), to Allow a Pylon Sign Located at 4195 Nicola Road in the SW 1/4 of Section 19 `G. WAIVER OF PLAT, Opus Corporation, to Combine 26 Lots in Eagandale Center Industrial Park #3 Into Two Parcels Located in the Southeast Corner of Lone Oak Road and Neil Armstrong Boulevard in the NW 1/4 of Section 11 p103 H. COMPREHENSIVE GUIDE PLAN AMENDMENT, Coventry Pass, Frontier Companies, To 1 Change Land Use Designation from IND (Industrial), P (Parks), and D-II (Mixed Residential) to D-II and P, REZONING of 122.4 AG (Agricultural) Acres to R-1 (Single Family) and a PRELIMINARY PIAT Consisting of 240 Lots Located East of Dodd Road and South of Wescott Road in the East 1/2 of Section 24 P13,SI. COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, and a REZONING of ' Approximately 64 R-4 (Multiple) Acres Within the Lexington South Planned Development to PF (Public Facilities) District Located at the SW Corner of Diffley Road and Lexington Avenue in the NW 1/4 of Section 26 and the NE 1/4 Q of Section 27 COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, and a REZONING of 11' Approximately 7.4 R-3 (Townhouse) Acres Within the Lexington South Planned Development to an R-1 (Single Family) District Located South of Diffley Road, East of Lexington Avenue in the NE 1/4 of Section 26 �0 K. COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, and a REZONING of P. Approximately 10.9 R-2 (Double) Acres Within the Lexington South Planned Development to an R-1 (Single Family) District Located Along the North Side of Wilderness Run Road, and East of Walnut Hill Park in the South 1/2 of Section 26 COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, and a REZONING of P' Approximately 1.5 R-4 (Multiple) Acres Within the Lexington South Planned Development to LB (Limited Business) Located North of Diffley Road and Along the West Side of Lexington Avenue in the SW 1/4 of Section 23 I%. ADDITIONAL ITEMS (GOLD) X. ADMINISTRATIVE AGENDA (GREEN) %I. VISITORS TO BE HEARD (for those persons not on agenda) F:4*4 MEMO TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 291 1989 SUBJECT: AGENDA INFORMATION FOR APRIL 4# 1989 CITY COUNCIL MEETING After approval is given to the April 4, 1989 agenda and regular meeting minutes for March 21, 1989, the following items are in order for consideration. The Mayor and Council will have the opportunity to present the first "Cash for Trash" award to the Kenneth Iverson family who live at 1565 Red Cedar Road. The Iversons have won this prize as a result of having their recyclables on the curb on Monday, March 27, 1989 when their address was chosen. The prize total of $300 resulted from the addresses chosen in the previous two weeks failing to have their recyclables out. The prize check in addition to HERO hats and buttons will be presented to the Iversons by the Mayor and Council and a brief photo opportunity will be available for the press. It is also anticipated that the Iversons will be present shortly before the Council meeting to allow the Council members an opportunity to meet them before the presentation. Agenda Information Memo April 4, 1989 City Council Meeting A. PUBLIC WORKS Item 1. Seneca WWTP Grading Permit - Request For Extension of Working Hours --Enclosed on page is a letter staff received from the contractor performing the grading for the Seneca Wastewater Treatment Plant (WWTP). The contractor is requesting that the hours of operation allowed by the Ordinance (7:00 a.m. to 7:00 p.m.) be extended to allow the work to be performed between 6:00 a.m. and 10:00 p.m. A representative of the contractor will be in attendance at that meeting to further discuss the details associated with this request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny a variance to the hours of operations for excavation/grading permit #18-189 (Seneca WWTP). Ensan consTRucTIon company March 17, 1989 P.O. Box 458 . Northfield, Minnesota 55057 . 507-645-8962 612-333-1307 ��ElyEO MAR ? Mr. Tom Colbert City Engineer 3795 Pilot Knob Road Eagan Minn. 55122 Re: Seneca Waste Water Treatment Plant site preparation. Dear Mr. Colbert; We would like to request the approval of extended working hours on the Seneca Waste Water Treatment Plant. We ask that working hours be extended to allow work on the project from 6:00 AM to 10:00 PM . This would allow us to run two shifts at the project. The work during the extended hours would be as follows: A. A scraper haul from the Seneca Plant northeasterly to the MSA property along and parallel to the Chicago Northwestern Railroad right of way across the MWCC property. B. A truck haul from the Seneca Plant out to Highway 13 and then to various dump sites, one being the MnDOT topsoil storage yard at the southeast corner of Highway 13 and Cedar Avenue. We do not anticipate hauling through any residential areas of Eagan during the hours of 7:00 PM and 10:PM. We ask that the request for extended working hours remain in effect until the completion date of the Seneca project which is June 22, 1969. Thank -you for your close attention and consideration of our request. Please feel free to call for any further information or possible problems concerning this request. Respectfully, Sava R. W -U, Project Manager .raoJ41*1 4r */-Y-If Ce_,% 3 An Equal Opportunity Employer" Agenda Information Memo April 4, 1989 City Council Meeting There are fourteen (14) items on the agenda referred to as Consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. A. PERSONNEL ITEMS Item One: Park Maintenance Worker -- Over 300 applications were received for this position. After screening of the applications, 43 candidates were invited to the Eagan Municipal Center for a written examination. From this field, eleven candidates were interviewed and given practical tests on Wednesday, March 29. Interviews were held by Director of Parks and Recreation Vraa, Park Superintendent VonDeLinde, Park Maintenance Supervisor McGuffee and Assistant to the City Administrator Duffy. References are currently being checked. It is anticipated that the name of the candidate who is recommended for hire will be forwarded to the City Council with the administrative packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a candidate to be named Monday as a Park Maintenance Worker, subject to successful completion of the City's physical examination requirement. Item Two: Seasonal Park Maintenance Workers — It is the recommendation of Park Superintendent VonDeLinde that the following persons be hired as seasonal workers for the City of Eagan: Park Technician Intern: Weed Inspector: Forestry Technician: Ballfield Attendant: Park Attendant: Park Maintenance (seasonal): Kathy Dybiec Lu Ann Johnson Patrick Robertson Timothy McGlade Suzanne Johnson Joe Leitner Roy Newland Jill Ryan Nick Sennis Arvilla Tinker Kenneth Wilson ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the above named persons as seasonal workers for the Park and Recreation Department. 1 Agenda Information Memo April 4, 1989 City Council Meeting PERSONNEL ITEMS CONT'D: Item Three: Zoning Administrator/Planner — Approximately 35 applications were received for this position. After review, six candidates were selected for an interview with Director of Community Development Runkle, City Planner Sturm, and Assistant to the City Administrator Duffy. The interviews were held on Friday, March 31. It is anticipated that the name of the candidate who is recommended for hire will be forwarded to the City Council with the administrative packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a candidate to be named Monday as a Zoning Administrator/Planner, subject to successful completion of the City's physical examination requirement. Agenda Information Memo April 4, 1989 City Council Meeting B. Gambling License for Knights of Columbus for Pull -Tabs at Richard's Food and Liquor --The Knights of Columbus are requesting a gambling license renewal for Richard's Food and Liquor to be effective April, 1989. The Minnesota Valley Exchange Club, an Eagan service organization whose theme is the prevention of child abuse, made a decision not to pursue a gambling license application at Richard's Food and Liquors. The gambling license renewal application is under review by the Police Department, which will be completed by the City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEMS To approve the gambling license renewal application for Knights of Columbus #7604 Eagan, for pull -tabs at Richard's Food and Liquor. M. Agenda Information Memo April 4, 1989 City Council Meeting SERVICE BTATION PERMIT AND CIGARETTE LICENSE TOWN OIL COMPANY, INC. C. Service station Permit and Cigarette License for Yokum oil Company, Inc. as a Texaco super Store --An application was received from the Texaco Super Store located at 1579 Cliff Road, adjacent to Thomas Lake Center for a service station permit and cigarette license under the name Yokum oil Company. At the August 2, 1988 City Council meeting, a conditional use permit was approved for the Yokum Oil Company to construct the service station at the aforementioned location. The station is now complete and they are anticipating an April 20 opening date. For additional information on this item, refer to the service station and cigarette license applications as presented on pages and ACTION TO BE CONSIDERED ON THIS ITEM: To approve service station permit and cigarette license permit for Yokum Oil Company, Inc., for the Texaco Super Store. CITY OF EAGAN 3830 Pilot Knob Road For the Period Eagan, MN 55122 A , (612) 454-8100 J*, Hari! y - June, 30, 198 9 SERVICE STATION PERMIT TRAILER PERMIT YOLUM OIL Com PAN y IAVC. hereby submits application for a X Service Station Permit ($50.00) Trailer Permit ($25.00) Name of Applicant __ YO C U M OIL C O M P R N Y 7 NC. Street Address 2719 STILL I.UATE R 8DAD City, State, zip 51- PATI L M I NN 5 119 Telephone Number 7 39 - 9 / g / Location of station or trailer if different from above address: YDCUM OTL CoivirRNY TEX/;CC) SUPCR S -to BE /C;74 CLIFF irDl9D -ERGRN 119INN. 56/0?a MAKE CHECK OUT TO: CITY OF EAGAN IN THE AMOUNT OF PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. PLEASE RETURN YELLOW COPY WITH PAYMENT. RETAIN THE WHITE COPY FOR YOUR FILES. FOR OFFICE USE: Receipt Amount Received Dale of Receipt City Council Approval Date 3830 Pilot Knob Road CITY OF EAGAN 454-8100 P.O. Box 21-199 APPLICATION FOR LICENSE Eagan, MN 55122 I, `(OCULYI OTL- COMPHNY ?NC, hereby make application for CXG1198ETTE name License for the year aq fram.the city of Eagan. ®YQCUra OSL COMPANY INC. .77!1 5TILLWOTER ROflb © YOGVh\ 61L. COMPFlNy--- ST, PAUL ®M1NN I= 5!;119 — 7"EX ACD SUPER SNORE 0016111 /$7e? CLZFF-ITDHD ® EAG RN ® MINN ?. • OFFSCE 739-glLll .59-oRE 4137-95-70 If corporation or partnership: Name a address of partners or corporate officers: IJNTHavY Yocum PRFSIDF-N-r a70 5771-1-WATE HORD \1 �G i�r•rAle-m�Arf,f IhCnTlpn O�I(,ae o•rfi{Lvr /� Municipalities presently licensed: M R PL. E W O O D Municipalities which have denied licenses to applicant - Wei: 121 Blum MOM W 21261MADININ11aft 1. PLUMBING a CESSPOOL INSTALLER a OUTSIDE SEWER a WATER CONNECTIONS 2. WATER SOFItW LICENSE 3. WELT, DRILLERS LICENSE 4. RUBBISH HAULERS LICENSE 5. _.Z,_CIGARETTE LICENSE MN Master Plumbers License R $2000.00 Bond a Certificate of Insurance. State Insurance No. State Bond No. State Water Cond. Contractors License. No. $2000.00 Bond a Certificate of Insurance. MN State License A $2000.00 Bond a Cer is ee o nsurance. $40.00 First Truck, $20.00 each additional truck. $2000.00 Bond a Certificate of Insurance. ENCLOSE SCHEDULE OF RATES ALSO. $25.00 a year each machine. NUMBER OF MACHINES O V E fi Co u N T ER 6. KENNEL LICENSE $50.00 Initial A $25.00 Renewal. MAKE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a Calendar year period Jan. -Dec. and there is NO PRORATED F on any license. Licenses will be issued to individuals or firms who are qualified for the particular license applied for. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalities, the license of any applicant may be revoked. OFFICE USE ONLY: LICENSE NO. DATE ISSUED: Agenda Information Memo April 4, 1989 City Council Meeting APPROVE PLANS/AUTHORIZE BIDS/CLIFF RD BOOSTER PUMP D. Contract 88-06, Approve Plans/Authorise Ad For Bids (Cliff Road Booster Pump) --On March 21, the City Council received the report for Project 531 -II discussing concerns associated with maintaining adequate water supply and pressure. to the high pressure zone in the south end of the City as a result of the reconstruction of Lexington Avenue (County Road 43). Because of the tight time frame associated with ordering and manufacturing the appropriate pump, the City's consulting firm of BRAA have completed the detail plans associated with installing a 1,000 GPM booster pump in the Cliff Road booster station. These plans are now being presented to the Council for consideration of authorizing the competitive bid solicitation process. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 89-06 (Cliff Road Booster Pump) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Wednesday, April 12, 1989. APPROVE PLANS/AUTHORIZE BIDS/ DANIEL DRIVE E. Contract 88-26, Approve Plans/Authorise Ad For Bids (Daniel Drive - Streets 6 Utilities) --With the recent acquisition of the necessary property from HUD, the City will now be able to provide the required public right-of-way and utility easements necessary to allow the completion of Daniel Drive as required for the Lexington Pointe development on the south side of County Road 30 across from Northview Elementary School. These plans have been completed and are being presented to the Council for approval and authorization to advertise for competitive bids. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans for Contract 88-26 (Daniel Drive - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, April 28, 1989. l -Z) Agenda Information Memo April 4, 1989 City Council Meeting APPROVE PLANS/ADTEORISE AD/WELL #14 F_ Contract 89-07, Approve Plans/Authorise Ad For Bids (Well #14) --On March 21, the City Council authorized the preparation of plans and specifications for the development of Well #14. These plans have now been completed and are being presented to the Council for their consideration and authorization to advertise for competitive bids. Enclosed on page is a map showing the location of this well to be developed during 1989 in order to meet the anticipated demand in 1990. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 89-07 (Well #14) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Wednesday, April 26, 1989. • vr• .4 a .► �. .. I N - IV/ J anal • m. w rn.. i W �-tel; EVERGREEN oil �+ PARK ow 17 emr surrox .se mo_ �� ,7 xo l �!"'• ITE ,. . OMAS 1' T i 4 1, Poxo LAKEPARK fop N �I 7 ••wd r N^ *4 A5 k IMF I � IIy� �.�s° . •• ( • WELL /0N SITE tandard City Of BAQan WELL SITE NO. 14 approved: plate C PUBLIC - - - WORKS DEPARTMENT Agenda Information Memo April 9, 1989 City Council Meeting APPROVE PLANE/AUTHORIZE AD/WELL #15 G. Contract 89-10, Approve Plans/Authorize Ad For Bide (Well #14) --On March 21, the City Council authorized the preparation of plans and specifications for the development of Well #15. These plans have now been completed and are being presented to the Council for their consideration and autho lzation to advertise for competitive bids. Enclosed on page is a map showing the location of this well to be developed during 1989 in order to meet the anticipated demand in 1990. ACTION TO BE CONSIDERED ON THIO ITEM: To approve the plans for Contract 89-10 (Well #15) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Thursday, April 27, 1989. 13 . t f PAw' G Z uuriLn mfit- e eR X rn. w 4w• i OP•' wile. ♦ EVERGREEN PARKf INK STATION010 It' •ee`' wr-. ATE r MAS e. HO ' ,.. ;14 I LAKE PARK 'All LIP - .,,�. 0 �: � ,.._ � - •'. .oil ;-. r. ' N- �- ;1/0 .. .;.. SITE JL om city of eagan WELL SITE NO. 15 approved: standard plate:. PUBLIC WORKS I DEPARTMENT 1 Agenda Information Memo April 4, 1989 City Council Meeting VACATIONfORDER PUBLIC HEARING H. vacate Drainage i Utility Easement, Receive Petition/Order Public Hearing (Lots 31 4 i 5, Block i, Berry Ridge Addition) -- Staff has received a request to vacate a portion of the drainage and utility easement located over the above -referenced lots. The water main protected by this easement has since been relocated to the newly established common lot lines as a part of the Berry Ridge Addition replat. Therefore, with all application materials being submitted, it is appropriate to schedule the public hearing to receive formal comments regarding this petition. ACTION TO BE CONSIDERED ON THIS ITEN: To receive the petition to vacate drainage and utility easement (Lots 3, 4 & 5, Block 1, Berry Ridge Addition) and schedule a public hearing to be held on May 2, 1989. FINAL ASSMT ROLWORDER PUBLIC HEARING I. Project 544, Receive Final Assessment Roll/Order Public Hearing (Street Lights - Drake Drive & Mallard Park 3rd Addition) --City staff has prepared the final assessment roll for the above - referenced project and is recommending that the City Council consider scheduling the formal final assessment hearing to present the final costs to the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 544 (Drake Drive and Mallard Park 3rd Addition - Streetlights) and schedule the public hearing to be held May 16, 1989. IS Agenda Information Memo April 4, 1989 City Council Meeting FINAL PLAWLAURENT IST ADDITION J. Final Plat Approval/Laurent lot Addition --The staff has received an application for final plat approval for the Laurent 1st Addition located sou of Golden Meadow Road as shown by the map enclosed on pageAll conditions placed on the preliminary plat approva by Council Action on May 5, 1987, with an extension to June 1, 1989, have been satisfactorily complied with. All final plat application materials havae been submitted, reviewed by staff and found to be in order for satisfactory Council action. ACTION TO SR CONSIDERED ON THIS ITEM: To approve the final plat for Laurent lot Addition and authorize the Mayor and City Clerk to execute all related documents. /G LAURENTan a r r LOCATION YAP sEc zi, TNF. zr, WE. a .rwhow Z 1 I.�tt t I sa "EXHIBIT A"In FIRST ADDITION aGtpZt: a rr ... f�� •a �', i a 1 pCW ■ ILLT r worn llr of tlwxxl/. et pee. as. Yup. ]l, Pqe. 21 N eu,sa N rwe Wrin, of rem e9 de7reee fe nlnvtu M eeca,e. ret. O rwNp 1/2 loth 'ty. 14 1neE lrm� plq dent Mt via plutic up Wltl: •qy 0625•. mlu.. etrYiilM nwa. e rwoe [veva 1me pi" DELMAR H. SCHWANZ LAND SURVEYORS INC. relrq etl w111tY eeesnN ue tren N«, ru,! !toe N +taco.' «tett etrnite ltllcnttl "M�tl101nlnf let llwe. etl 10 a«e to elatn etl tl1e10lnp p[mt it.., n ene.N« er plu. I� a ai tY SUN SET TADDITIONk HIRD S 1 IsV — aalaasrd f4 - fl}" — '1 0Aw" mart u"vp; p«I' \ •. Lg�_� ._ oar 7761ipfM ..-. J JIM 00 I � J wrN .rwhow "EXHIBIT A"In FIRST ADDITION aGtpZt: a rr ... f�� •a �', i a 1 pCW ■ ILLT r worn llr of tlwxxl/. et pee. as. Yup. ]l, Pqe. 21 N eu,sa N rwe Wrin, of rem e9 de7reee fe nlnvtu M eeca,e. ret. O rwNp 1/2 loth 'ty. 14 1neE lrm� plq dent Mt via plutic up Wltl: •qy 0625•. mlu.. etrYiilM nwa. e rwoe [veva 1me pi" DELMAR H. SCHWANZ LAND SURVEYORS INC. relrq etl w111tY eeesnN ue tren N«, ru,! !toe N +taco.' «tett etrnite ltllcnttl "M�tl101nlnf let llwe. etl 10 a«e to elatn etl tl1e10lnp p[mt it.., n ene.N« er plu. I� a ai tY SUN SET TADDITIONk HIRD S 1 IsV — aalaasrd f4 - fl}" — '1 0Aw" mart u"vp; p«I' \ •. Lg�_� ._ oar 7761ipfM ..-. J JIM 00 I � J Z 1 t I sa =e IO1 eQOI Wlx LSOI x.MI ffG pgl�l fY, pptO S!: i;;lytEK RLA::E . eane«et. Mn dallrvryent cent d« and tsueNY mtutl NN � aeY of • 1 9_ COOntY. lwq. rtau wwtY• xln«wN ppe«em xu.Nt I Oengnrtl[y that enb Inetr,o twt Intl Ln the e[tlne of trCewtY eemrMr [et ..enaw thinthin_ do, of at o'clock _.x., and wtau:Y r erdea ln. reY � of r q!c RECEIVED MAR 2 8 X89 "n""' ""N `°�""' xlnNw". Agenda Information Memo April 9, 1989 City Council Meeting FINAL PLAT/GALASIE CLIFF PLAZA K. Final Plat Approval/Galaxie Cliff Plaza --The staff has received an application for final plat approval for the Galaxie Cliff Plaza Addition located between Galaxie Avenue and. - n I -35E, south of Cliff Road as shown by the map enclosed on page _M. All conditions placed on the preliminary plat approval by Council action on September 6, 1988, have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for satisfactory Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Galaxie Cliff Plaza and authorize the Mayor and City Clerk to execute all related documents. 1 1+ Y a �Y in._3LIN]AV 1°. ` N!H at� °L90 11.02 °. I ��i \ • :. L _ re 6� \ t0 it jj W ...� O aur •-•. tt `G! � �` S' too 0 a - I DM v leo Y 0 f.� 1Y i p O b � Atl 1 1 4- (I a ,1 1 .40 pe m.��� 11 L � \� Lis ',. s H �k IAI eei .p :ii\ � �♦ a R Agenda Information Memo April 4, 1989 City Council Meeting L. Authorize Payoff of IDH for Borchert Ingersoll --The City authorized industrial development revenue bonds for the Borchert Ingersoll development in 1974. As a part of that action there were a number of agreements entered into by the City of Eagan such as 1) limited warranty deed, 2) termination of lease, 3) certified copy of resolution authorizing sale, and 4) termination of financing statement. The Director of Finance has been notified by 'Borchert Ingersoll that they intend to sell their property and as a part of the sale the bonds will be paid in full at the time of closing. This item has been reviewed at the City Attorney's office and the City Attorney concurs that it would be appropriate for the City Council to approve the resolution authorizing the sale. This action should be subject to the City Attorney and Director of Finance/City Clerk review and satisfaction that the necessary documents have been prepared by Borchert Ingersoll and are in'order :for execution. Attached on pages I through .2.L is a letter from legal counsel representing Borchert Ingersoll that addresses the items that are needed from the City of Eagan in order to complete the sale transaction on behalf of Borchert Ingersoll. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution authorizing the sale subject to the City Attorney and Directorof Finance/City Clerk reviewing all the documents and concurring that they are in order for execution. OpPa4mmm WoLFF a DoNNEuy First Bank Bui t Swte 1700 St. Paul, MN 55101 (612)2237500 IWOL 7016n FAX (612) 224-7501 March 21, 1989 Mr. Gene Van Overbeck City Clerk City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Bfucs& ChkAgo mnn"POKS WW YOfk ME S4 Paul Nhshington. D.C. Re: Our Client: 80rahert-In9ers0ll, Iaoorporatsd Dear Mr. Van Overbeck: Please be advised that we represent Borchert -Ingersoll, Incorporated in connection with its sale of property legally described as Lot 1, Block 2, and Lot 1, Block 1, Borchert -Ingersoll Inc. 1st Addition, Dakota County, Minnesota. We are enclosing for your information a copy of the title commitment covering the foregoing property. As indicated in the title commitment, the following items are needed from the City of Eagan in order to close: 1. Limited Warranty Deed to Borchert -Ingersoll, Incorporated; 2. Termination of Lease; 3. Certified copy of resolution authorizing sale; and 4. Termination of Financing Statement. The mortgage and indenture of trust dated November 1, 1974 in favor of Northwestern National Bank of Ninneapolis, now known as Norwest Bank Minneapolis, National Association, will be paid in full at the time of closing. It is my understanding that the next council meeting is scheduled for Tuesday, April 11, 1989, and that this matter can be placed on the agenda for that meeting. a( ��lii�►1.17_u17� ,�� 7 � �i�.►l►I� __ Mr. Gene Van Overbeck March 21, 1989 Page 2 If you have any questions or need any further information, please call. Thank you for your assistance. NLG:lp Enclosure cc: Lowell Anderson Theodore J. Meyer Agenda Information Memo April 4, 1989, City Council Meeting M. Contract 89-12, Approve plane/Authorise Advertisement for Bids (Tennis Court Construction, Resurfacing and Fencing) --The plans for tennis court construction, resurfacing and fencing for Northview Athletic Park, Bur Oaks Park, Lexington Park, Highview Park and Country Home. Park are in order for consideration. This project would comprise construction of a number of new tennis courts and softball fields as well as overlayscolor coats of existing tennis courts. Enclosed on page . � for your review is a memorandum from Director of Parks and Recreation Vraa detailing the specific elements of the improvement being proposed. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plans for Contract 89-12, tennis court construction, resurfacing and fencing, and authorize an advertisement for bids to be opened on April 27, 1989. �3 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR 10ROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: NARCH 27,1989 RE: AUTHORIZATION FOR ADVERTISEMENT OF PUBLIC BID FOR IMPROVEMENT CONTRACT 89-12 Staff requests City Council authorization for advertisement of public bid for Improvement Contract 89-12. The scope of work is as follows: 1. NORTHVIEW ATHLETIC PARK: *Construction of 10/11 tennis court complex. *Construction of fencing for 3 softball fields. 2. BURR OAKS PARK: *Construction of one double tennis court. 3. LEXINGTON PARK: *Overlay and color coat of an existing single tennis court. 4. HIGHVIEW PARK *Overlay and color coat of an existing single tennis court. S. COUNTRY HOME PARK: *Overlay and color coat of an existing single tennis court. Funding for the contract is from four different sources; School District #196 will provide reimbursement up to $192,000 for tennis courts at Northview along with the Park Site Fund. The Bond Fund for tennis courts at Burr only; and the operational budget for the resurfacing/maintenance of existing tennis courts at Lexington, Country Home and Highview Parks. TIME LINE: April 4, 1989 -------Approve plans and specifications/public advertisement April 27, 1989 ------Bid opening May 2, 1989 ---------Council award Project 89-12 Nay 8, 1989 ---------School Board approval FOR COUNCIL ACTION: To approve the plans and specifications for Contract 89-12 and advertise for bids. a4 Agenda Information Memo April 4, 1989 City Council Meeting N. Contract 89-09, Approve Plans/Authorise Ad for Bids (Johnny Cake Ridge Road - Street and Trailrap)--The final plans for trailway improvements to Johnny Cake Ridge Road north of Cliff Road are in order for consideration. The Engineering Department has held informational meetings with residents who were impacted by the proposed improvements to discuss the trail alignment as it relates to their property. Due to the existing topography, fences, street lights, mature trees, shrubs and other vegetation, the trailway will meander between a minimum of 8' to a 12' standard along Johnny Cake where there are existing single family or quadraminium housing units. North of the existing housing development and the location at which Johnny Cake Ridge Road will be widened and extended to Diffley Road during 1989, the trail will be set back as far as 7 feet from the right-of-way line and in no case less than 81. By reducing the trail to a minimum of 8' in the existing residential areas a higher level of existing aesthetics will be maintained, adjacent residents will receive less impact to their property and construction design will be less complex if the City blends the trail into the existing topography. If Johnny Cake Ridge Road is widened four feet on each side in the future the City would only retain four feet for snow stacking and if the City provides trailway snow removal, maintenance could be more difficult at that time given the small setback. Although not desirable for maintenance purposes, the City has such trailways on Pilot Knob Road which are less than eight feet from the curb line. The places where the 8' minimum setback is compromised are in areas with insufficient right-of-way. The City staff is recommending as a part of the final plans and specifications that mature trees be transplanted as a part of the project cost with an understanding that the City will not be responsible for any liability or damage that may be caused to the trees given the shock a tree may receive once it is relocated. The major tree relocation is the Henry Jandewerth property located at the intersection of Walnut Lane and Johnny Cake Ridge Road. There may be one or two other isolated cases, however, many of the trees and shrubs are new and the property owner has agreed to move them at his or her own expense. The City staff will have a copy of the trailway alignment as it relates to Johnny Cake Ridge Road available for inspection by the City Council if any member should desire to have this removed from the Consent Agenda and reviewed. Agenda Information Memo April 4, 1989 City Council Meeting ACTION TO BE CONSIDERED ON TRIS ITEMS To approve the final plans for Contract 89-09, Johnny Cake Ridge Road - street and trailway improvements and authorize an advertisement for bids at 10:30 a.m. on May 11, 1989. Agenda Information Memo April 4, 1989 City Council Meeting VACATE PUBLIC RIGHT-OF-WAY/BRAN AVE A. Vacate Public Right -of -Way, Egan Avenue (North of Viiaa Lane to Pilot Knob Road) --On March 7, the Council received a request from staff to proceed with the public hearing to consider the vacation of abandoned public right-of-way resulting from the upgrading of Pilot Knob Road when Egan Avenue was realigned to present intersection with Pilot Knob Road. Enclosed on page ..Z is a map and legal description identifying the area proposed to be vacated. All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. Due to the existence of several private and public utilities within this alignment, it is recommended that a utility easement be retained over the entire width but that the public right-of-way be vacated allowing it to be incorporated into the legal descriptions of the adjacent properties. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of public right-of-way for Egan Avenue (north of Vilas Lane to Pilot Knob Road) and, if approved, authorize the Mayor and City Clerk to execute all related documents. a� 3 a xwl -k - ---11:.00 -- AVENUE T 7 :.1 All that part of Egan Avenue lying northerly of the following described line: Commencing at the northerly corner of Lot 11, Block 8, Country Home Heights Addition, Dakota County, Minnesota, according to the recorded plat thereof, thence northwesterly, at right angles to the northwesterly line of said Lot 11 to the northwest right-of-way line of Vilas Lane and the point of beginning, thence southwesterly along the prolongation of said northerly right-of-way, parallel to the centerline of Vilas Lane to the southwesterly right-of-way line of Egan Avenue and there terminating. .- r41 AVALON R MW — - 528 - -- -- -- 73 �� 01051020.51 jg� `� •i: �,- 028 5U 71m 01. _� u O a_ 2 4 3 a xwl -k - ---11:.00 -- AVENUE T 7 :.1 All that part of Egan Avenue lying northerly of the following described line: Commencing at the northerly corner of Lot 11, Block 8, Country Home Heights Addition, Dakota County, Minnesota, according to the recorded plat thereof, thence northwesterly, at right angles to the northwesterly line of said Lot 11 to the northwest right-of-way line of Vilas Lane and the point of beginning, thence southwesterly along the prolongation of said northerly right-of-way, parallel to the centerline of Vilas Lane to the southwesterly right-of-way line of Egan Avenue and there terminating. .- r41 Agenda Information Memo April 4, 1989 City Council Meeting FINAL ASSESSMENT HEARING/BRAUN COURT B. Final Assessment Hearing (Braun Court) - Streets i Utilities)- -On March 7, the Council received the final assessment roll for the above -referenced project and authorized a public hearing to be held on April 4 to discuss the certification of costs associated with the installation of streets and utilities within Braun Court as necessary to provide service to the Harvey's Heritage Addition and other adjacent existing property owners. Enclosed on page is a summary tabulation of that final assessment roll showing e final costs as compared to those estimated in the feasibility report presented at the most recent public hearing held on October 6, 1987. Before this project would be approved by Council action, it was necessary to get concurrence from all affected property owners regarding their willingness of participatio and met�ho.4 of allocation of final costs. Enclosed on pages � —� is a copy of that agreement along with the comparison of the estimated cost to the final cost contained in the final assessment roll. A group meeting was held with all affected property owners on March 17, 1989. Enclosed on page AL is a letter sent to the affected property owners after that meeting informing them of staff's inability to adjust any costs prior to the final assessment public hearing. Although it appears that the final assessment costs significantly exceed the estimate contained in the feasibility report, they result from the following two major items: Construction Costs 1. Poor subsoils were discovered requiring additional excavation in the placement of good fill material to build a 7 -ton residential street. 2. Additional storm sewer facilities had to be installed at the intersection with Drexel Court to ensure proper drainage of this new intersection. Overhead 1. Several public hearings were held requiring additional research and design to achieve a design and cost allocation method acceptable to all parties. 2. The project was studied twice at the feasibility report stage and rebid three times prior to awarding a contract. 3. Due to extensive concerns raised by property owners during construction, considerable additional time had to be expended by the consultant in trying to work with the property owner's concerns. ao� Agenda Information Memo April 4, 1989 City Council Meeting The Public Works Director will be available to discuss in further detail these and any other concerns that may be presented at the public hearing on April 4. ACTION TO BE CONSIDERED ON TRIO ITEMS To close the public hearing and approve/modify the final assessment roll for Project 487R (,Braun court) streets &. Utilities) and if approved authorize the certification to the County. Also enclosed on pages 3(p through (JC) are letters from residents objecting to the proposed assessments. V C) FML ASSRSSNRMT MEANING PROJECT NUMBER: 487R SUBDIVISION /AREA $ BRAUN COURT UTILITY 8 STREET IMPROVEMENTS FINAL ISSESSMENT REARING$ APRIL 4, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSEDI F.R. = Feasibility Report NUMBER OF PARCELS AFFECTEDI 8 NUMBER OF YEARS ASSESSEDI 15 BATE OF INTERESTI 9.0% TOTAL AMOUNT ASSESSED: ;72,549.59 (F.R. = $53,259) TOTAL AMOUNT CITY FINANCED$ $0.00 CONSTRUCTED UNDER CITY CONTRACTS$ 88-06 PUBLIC BEARING DATE$ October 20 1987 COMMENTS$ The overrun in street costs was caused by the unexpected need to subgrade correct poor soil material at the intersection of Braun Court and Drexel Court. The cost overrun for the storm sewer was the result of additional catch basins and pipe required to provide proper drainage at the Braun Court/Drexel Court intersection without having to warp the street. An additional cause of the cost overrun in this project is the fact that the overhead for the project is 51.8438%. 3� FINAL F.R. FINAL F.R. NITER RATES RATES SANITARY R►TES RATES ❑Area ❑lrea ❑ Laterals ❑ Laterals ®Service $IJ97.58/lnt 11.808/10t 0service Combined with water Service ❑ Lat. Benefit/ ❑ Lat. Benefit/ Trunk Trunk ❑NAC STREETS STORM ❑Gravel Base ❑ Area ®Surfacing $7.130-511/ 35 147/I0t QX Lateral $2,021.163/ 41-170/int lot equiv. equiv. lot equiv. equiv. ❑Rea. Equiv. NUMBER OF PARCELS AFFECTEDI 8 NUMBER OF YEARS ASSESSEDI 15 BATE OF INTERESTI 9.0% TOTAL AMOUNT ASSESSED: ;72,549.59 (F.R. = $53,259) TOTAL AMOUNT CITY FINANCED$ $0.00 CONSTRUCTED UNDER CITY CONTRACTS$ 88-06 PUBLIC BEARING DATE$ October 20 1987 COMMENTS$ The overrun in street costs was caused by the unexpected need to subgrade correct poor soil material at the intersection of Braun Court and Drexel Court. The cost overrun for the storm sewer was the result of additional catch basins and pipe required to provide proper drainage at the Braun Court/Drexel Court intersection without having to warp the street. An additional cause of the cost overrun in this project is the fact that the overhead for the project is 51.8438%. 3� BRAUN COURT - STREETS i UTILITIES PARTIES: Henry i Adonna Braun, Lot 1, Block 1, Braun Sunrise Mary Braun , Parcel 10-01500-010-52 Leonard 6 Kathleen Walz, Lot 2, Block 1, Braun Sunrise Wayne a Deborah Cordes, Parcel 10-01600-040-79 City of Eagan, called "City" DATED: March -ZS" , 1988 RECITALS: Addition Addition 1. The City of Eagan, Minnesota received a petition for the installation of street surfacing including concrete curb and gutter, grading and restoration, storm sewer and sanitary sewer and/or water service installations. 2. It has been requested of the above parties that the City perform these improvements and finance the costs through Special Assessments against the benefitting properties. 3. The City has prepared a Feasibility Report for City Project 487R, presented at a public hearing on July 7, 1987, which describes the extent of the proposed improvements with estimated costs and proposed method of special assessment calculation and allocation. 4. The City has agreed to perform this work and finance it through special assessments subject to all affected property owners agreeing to the method and amount of final assessment costs prior to award of contract by the City. 5. Based on comments received from several of the above parties at previous public- hearings and private discussions, the City has prepared a "Revised Summary Preliminary Assessment Roll", dated 10-6-87, attached as Exhibit "A" to this agreement which estimates the special assessment allocation to the various property owners on a "Lot Equivalent" basis. 6. These estimated costs contained in the Feasibility Report will be revised based on final construction quantities and unit prices obtained through an advertised competitive bidding process plus related overhead expenses incurred by the City. 7. The City and affected property owners agree that if the solicited bids for the total cost Report's estimated construction cos any participating property owner request a readvertisement for new support and financial participation. 3a exceed the Feasibility t by more than 10%, then reserves the right to bids or withdraw their If any of the other remaining property owners do not agree to a method of their financing 100% of the project's total / cost, then the City reserves the right to cancel the project. The original petitioners hereby agree.to reimburse the City for all costs incurred at that time. 9. This Agreement shall be governed by the laws of the.State cf Minnesota and shall be enforceable and binding on the parties and their heirs, legal representatives, successors and assigns. 10. This Agreement shallbe recorded with the Dakota County Recorder and the owner shall provide all documents necessary for the recording thereof. IN WITNESS WHEREOF, the parties have signed this agreement on the date so. referenced. CITY OF EAGAN PROPERTY OWNERS Approve s to Conten : 1. Lot 1,, Block 1, Braun Sunrise Addn. -..:......J � �Jt' � 7' SZfT a•�T �iY✓).�� �.G�/C-�iG72_ �'j J .�� rect r of Putt3,,i Works/Date Henry B un Daae c / A548 b. C� IIJ Ma ort /Date Adonna Braun fDate /'4af 2.. Parcel 10-01500-010-52. WC)?e-rk /Date / Ma Brffiuh /DatF- 7T 3. Lot 2, Block 1, Braun Sunrise Addn. Leonard Walz r to b• 2 , Y/�Z Kathleen lz Zate 4. Farce 10-016 0-040-79 a ./ 3%/ Wayn Cordes /Date b. (, 1:x,.4% \ ewt f..� / g Deborah. Cordes /Date 33. With Access by Parcel 040-79 (Cordes) PRELIMINARY ASSESSMENT CALCULATIONS BRAUN COURT STREET IMPROVEMENT 2ND REVISION 10-6-87 A. STREET Parcel Lot Equiv. Assess. Rate/ Total Assess.. Descriotion (L.E.) L.E. Prel, Final Prel, Final I -RAVO U &MR13 99 WI l 117 d lo) 5 3�- Lot 1, Block 1 2 $5,147 $7,130.51 $10,294 $14,261.02 Lot 2, Block 1 1 5,147 7,130.51 5.,14.7 7,130.51 SE 1/4, SECTION 16 Parcel 040-79 1 5,147 7,130..51 5,147 7,130.51 SW 1/4, SECTION ;15' Parcel 010-52 3 5.,147 7,130.51 15.441 21.391_53 TOTALS 7 $36„029 $49,913.58 B. SERVICES BRAUN SUNRISE ADDITION Lot 1„ Block .1 1 1,808 1,697.58 1,808 1,697.58 SW 1/4s, SECTION 15 Parcel 010-52 4 1,808 1,691.58 7.232 6_790.32 TOTALS 5 $9,040 $8,487..91 C. STORM SEWER a. Assessments based on lot equivalents (1008 of storm sewer project cost.) BRAUN SUNRISE ADDITION Lot 1, Block 1 2 $2.,340 $4,042.33 Lot 2, Block 1 1 1,170 2,021.16 SE 1/4, SECTION 16 Parcel 040-79 1 1„170 2,021.16 SW 1/4, SECTION 15 (PROPOSED HARVEY'S HERITAGE ADD) Parcel 010-52 3 3..510 6.063_48 TOTALS 7 $8,190 $14,148.14 3�- OF 3830 PILOT KNOB ROAD. P.O. BOX 21199 VIC ELLISON EAGAN. MINNESOTA 55121 MOM PHONE: (612) 454-8100 THOMAS EGAN March 21, 1989 DAVID K GUSTAFSON PAMELA MCCREA Re: Project 487R, Braun court streets a Utilities THEODORE R Final Assessment Rearing THOMAS HEDGES Dear Property Owner: EUGENE VAN OVERSEKE Oa aM< At the meeting on Friday, March 17, 1989, City staff and the City's consulting engineer explained the final costs associated with the I bove-referenced project. Final costs overran the contract proposal for street and storm sewer by $4,136.90 and $2,723.40, respectively. The street cost overruns were due to unexpected poor subgrade material found at the intersection of Drexel Court and Braun Court. The storm sewer cost overruns were due to the need for an additional storm sewer structure to provide adequate storm sewer drainage at the intersection of Drexel Court and Braun Court. overhead costs exceeding the 30% figure estimated in the feasibility report for the project are related to the additional time and expense relating to readvertising and rebidding the project and the additional time required to effectively manage the contract to the affected property owner's concerns. At the March 17 meeting, an additional meeting was requested with City staff and the parties affected by the project. An additional meeting cannot result in a negotiated project cost as anticipated by the affected parties. The City Council is the only body which can negotiate any reductions in costs which are intended to be the sole responsibility of the benefitting properties. A final assessment roll for the project will be prepared in accordance with the March 25, 1988, agreement incorporating the actual total project cost of $72,549.63 and which is being presented to the City Council for their consideration. Scerely' ichaa P. oe tsch as is City Engineer MPF/jj cc: Thomas L. Hedges, City Administrator Thomas A. Colbert, Director of Public Works E.J. VanOverbeke, Finance Director/City Clerk Jerry Bourdon, BRAA THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY March 28, 1989 Presiding Officer City Council City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 RE: Improvement Project No. 487R - Braun Court teoaard-K,u= Dear Sir of Madam: The undersigned has been retained by Mr. and Mrs ft.in regard to the above -referenced matter. This notice sal erve as Mr. and Mrs %; written objection to the assessments surrounding this Project. Mr. and Mrs.=, intend to voice their objections at the Assessment Hearing scheduled for April 4, 1989. The nature of their objections center around the cost overruns and resulting increase in special assessments to the 3�rds. very sincerely yours, L2 "// w1wao, of we 1 /� r, 71-cl CLQ ,map ��",'�jq-hL 76z 1 - ''� I 0 t.. BIDS FOR BRnUN CT. as submitted by: S.N. Hentges & Sons Total bid of 039,789.00 for street, service and storm sewer to north. Street bid at 033,473.00 0339473.00 Plus 30% of 033,473.00 10 041.90 3Ti TOTAL 43o5l4!90 Service bid, (S and W) 6,316.00 Plus 30% of 01.316.00 1 894.80 TOTAL b,210..800 Alternate bid for storm sewer to south 19571.00 Plus 30% of 019571.00 471.30 TOTAL 2-96497-916 Total bids of proj. 487R. less 304 41,360.00 304 of 041,360.00 lots, 12 408.00 27.71 Delmar H. Schwanz at 085.00 Divided TOTAL 53,768.00 PER LOT COST: ABOVE ARE IN0LUDED Divided by 7 lots: Street & storm sewer to north per lot 69216.29 Divided by 5 lots: Services per lot 1,642.16 Divided by 7 lots: Alternate bid for storm sewer to south 291.74 Total amount of 0729.00 Dakota Electric at 0450.00 Divided by 7 lots per lot 64.28 Street signs at 0194.00 Divided by 7 lots, , per lot 27.71 Delmar H. Schwanz at 085.00 Divided by 7 lots, per lot 12.14 TOTAL PRICE IF ALL TIM ABOVE ARE IN0LUDED VT ,2-5T. 3-22 (PER LOT COST) A,,,/ -0'r2 UAW — FORD LEGAL SERVICES PLAN SUITE 235 WRIGHT BUDDING 2233 UNIVERSITY AVENUE ST. PAUL, MINNESOTA 55114 (612) 641-0647 Attorneys AMY M. SILBERBERG Managing Attorney ANNEBERGMAN BRUCE L VALEN Presiding Officer City Council City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 March 28, 1989 RE: improvement Project No. 487R - Braun Court Henry and Adona Braun Dear Sir of Madam: 3D' In The undersigned has been retained by Mr. and Mrs. Henry Braun in regard to the above -referenced matter. This notice shall serve as Mr. and Mrs. Braun's written objection to the assessments surrounding this project. Mr. and Mrs. Braun intend to voice their objections at the Assessment Hearing scheduled for April 4, 1989. The nature of their objections center around the cost overruns and resulting increase in special assessments to the Brauns. Very sincerely yours, Bruce L. Valen Attorney at Law BLV:bh Approved by: Dated '�� a�Gr/�,�o , 9�% Dated �7Z a ti_ce 4 -3 0. /9 a4�� 6,1 Henry Braun Adona E.E. Braun ,3� 3o'79 March 28, 1989 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 ATTN: CITY CLERK RE: BRAUN COURT APPEAL OF ASSESSMENT Dear Sir: In regard to the cost overrun on Braun Court, we had a common understanding that the bid as accepted was for a fixed sum to complete the Braun Court project, at no time were we as property owners informed that cost over runs could occur in order to correct unforseen construction problems. We were also told to anticipate a 308 overhead factor, based on construction costs for a project the size of Braun Court. Now we are being told the overhead is 51.8%. This increase in overhead from a projected $12,409 to $24,770 is a tremendous burden to a small property owner and totally unexpect- ed. I object to these increased prices, and ask the council to have the extra costs reduced to the range which we originally agreed to during our negotiations. Thank you in advance for your consideration. Mar R. Braun 3715 Drexel Court Eagan, MN 55123 q0 0 Agenda Information Memo April 4, 1989 City Council Meeting FINAL ASSESSMENT HEARING (EAGAN HIGH SCHOOL) C. Project 518, Final Assessment Hearing (Hagan High School - Utilities) --on March 7, the Council received the final assessment roll for the above -referenced project and scheduled a final assessment public hearing to be held on April 4, 1989.. On March 17, the final assessment roll was reviewed wi representatives of the school district. Enclosed on page LJJ is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on December 21, 1987. Those identifiable cost over -runs were at the specific request of the school district. The Public Works Director will be available to discuss any other concerns or questions that may arise during this public hearing on April 4. ACTION TO HH CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 518 (Eagan High School - Utilities) and, if approved, authorize the certification to Dakota County. FINAL ASSESSMENT HEARING PROJECT NUMBERS 518 SUBDIVISION/AREA- EAGAN HIGH SCHOOL FINAL ASSESSMENT HEARING: APRIL 4. 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. WATER RATES RATES ❑Area Laterals ¢116,983.26/ 493.070/ lump sum lump sum ❑Service ❑Lat. Benefit/ QWA C Trunk STREETS []Gravel. Base OSurfacing ❑Rea. Equiv. SANITARY ❑Area ® Laterals ❑ Service ❑ Lat. Benefit/ Trunk FINAL F.R. RATES RATES ;41.271.53/ ;61.730/ lump sum lump sum STORM ;0.053/sf 40.053/sf 40.067/sf 40.067/sf ®Area fn.n79/<f 40.079/sf ® Lateral 497 Sn5.79/ 4127_nsn/ Benefit from lump sum lump sum Trunk % Trailway 414,805.97/ -0- lump sum NUMBER OF PARCELS AFFECTED: 5 NUMBER OF YEARS ASSESSED: 15 RATE OF INTEREST: 9.0% TOTAL AMOUNT ASSESSED- 4551,100.14 (F.R. = 4512,398.00) TOTAL AMOUNT CITY FINANCED: -0- CONSTRUCTED UNDER CITY CONTRACTS% 88-12 PUBLIC HEARING DATE: December 1. 1987 COMMENTS: The rate for the water lateral increased because additional pipe was required to form a loop around the building. The sanitary sewer lateral rate and the lateral benefit from storm sewer trunk rate were below the feasibility report amount because of conservative estimating in the preliminary stages of the project. Trailway grading was assessed, even though it was not addressed in the feasibility report, because trailway work that was to be a part of the private improvements was incorporated in this project because they couldn't be completed iin time to allow the public project to continue on time. The total amount assessed was also increased because of 417,531.95 on private costs from Contract 88-B were included in the assessment roll at the request of the school district. 4 Agenda Information Memo April 4, 1989 City Council Meeting VACATION/AUGE ROAD D. Vacate Portion of Public Right -of -Wap (Huge Road)-- In response to a Petition to Vacate submitted by the developer of the proposed Prettyman Heights, the Council scheduled a public hearing for April 4, 1989 to consider vacating a "portion of the cul-de- sac" on the south end of Auge Road. It was anticipated that the public hearing for vacation would be at the same time as the scheduled final plat approval for Prettyman Heights. At this time, Prettyman Heights is not scheduled for approval for at least two Council meetings. ACTION TO BE CONSIDERED ON THIS ITEM: To continue this item to the first Council meeting at which the final plat of Prettyman Heights is scheduled for approval. y3 Agenda Information Memo April 4, 1989 City Council Meeting A. Request to Amend Chapter 6 of Sagan City Code Regarding masseur and Masseuse Licenses --A request was presented to the City last fall to consider an ordinance amendment to City Code 6.40, Subdivision 4d, that would reduce or eliminate the restriction of a masseur only allowed to practice massage on a male person and a masseuse to practice massage on a female person. The item was first scheduled at the December 20, 1988 meeting and continued to allow further review of the proposed regulatory changes. A meeting was held with Ms. Belokopitsky on January 20, 1989, who was originally requesting the regulatory changes to further discuss the City Code amendment. There were a number of issues and concerns raised by City staff that were addressed at the February 7 City Council meeting. A main issue expressed by the Chief of Police was enforcement and the ability to restrict any illegitimate operations. There were several persons in attendance who were licensed massage therapists and they raised a number of questions and offered regulatory amendments at that meeting. City Council action did continue any further consideration of amendments to the massage ordinance. The City staff including City Attorney, Chief of Police and City Administrator had two additional meetings with the licensed massage therapists to discuss details of a massage ordinance amendment. There was a general consensus of both those requesting an ordinance amendment and the City staff that language should be changed in the proposed ordinance from massage to massage therapy and masseuse and masseur to massage therapist. There were a number of other conside tions all of hjrch are addressed in the attached memo on pages through_, prepared by Joe Early of the City Attorney's office. It appears that the two remaining issues are 1) fees and 2) the 100 hours minimum educational requirements. Those requesting an ordinance amendment would like the fees reduced. The Director of Finance has been asked to review the fees and determine whether a lesser amount is practical after considering both administrative and enforcement requirements. Regarding the 100 hours, Police of Chief Geagan feels that should be a minimum and will recommend the same to the City Council. Apparently, Molly Belokopitsky who originally requested the ordinance amendment has not accumulated that many hours and may ask for a variance given her situation. For copy of the proposed ordinance, refer to pages through 44 Agenda Information Memo April 4, 1989 City Council Meeting There has been additional information, such as findings by the City Attorney's office, sample ordinances and a letter from Ms. Belokopitsky that were enclosed with the February 7 City Council packet. If any member of the City Council would like additional copies, feel free to contact this office at any time. ACTION TO BE CONSIDERED ON TRIO ITEMS To approve or deny with or without modification an amendment to Chapter 6.40, Subd. 4d, that changes regulatory language for the operation of a massage therapy establishment. q!,�o f9. M E M O R A M D D M TO: '.Tom Hedges, City Administrator Pat Geagan, Police Chief FROM: Joe Earley, Assistant City Attorney DATE: March 29, 1989 RE: Massage Ordinance Revision Our File No.: 206-6447 Attached is the latest version of the proposed massage ordinance amendment. The changes have been detailed in legislative script (underscore equals additions; lineouts equals deletions). This new ordinance is the result of numerous meetings and phone conversations with people in the massage therapy profession as well as the incorporation of similar ordinances from surrounding communities. This memorandum will briefly summarize the various changes that have been made to the ordinance. The first change that has been made is in the vocabulary of the ordinance. Massage has been changed to massage therapy, masseuse and masseur have been changed to massage therapist, and massage parlor has been renamed massage therapy establishment. This change has been made at the request of the massage therapy profession in order to remove the prostitution connotations of the previous ordinance language. All sauna parlor language has also been removed from the main portion of the ordinance. Subd. 1 of the new ordinance prohibits outright all the various uses which act as fronts for prostitution. The definitions have been changed both in Section 6.39 and Section 6.40 from masseur and masseuse to massage therapist in order to remove the gender specific references and to allow opposite sex massages. There are four fees referenced in the ordinance. These fees are the current fee amounts as set by the Council. They are as follows: 1. Massage therapy establishment initial investigation fee of $400.00 (Sec. 6.39, Subd. 4). In meeting with the massage therapists, they felt this fee was too high. As a proposed compromise, we have added language that the fee will be escrowed and any portion not needed will be returned following approval or denial of the application. 2. The second fee is the annual license fee for massage therapy establishments. (Sec. 6.39, Subd. 10). This amount is $300.00. 3. The third fee is the initial investigation fee for a massage therapist (Sec. 6.40, Subd. 3.a.). This amount is $200.00. 4. Finally, the annual license fee for a massage therapist is $50.00 and is found in Sec. 6.40, Subd. 5. It should be noted that these fee amounts are thought to be too high by the massage therapists and they will be requesting that the Council review them at the time of the ordinance review. Another major change that has been made to the ordinance is the deletion of Sec. 6.39, Subd. 5 Construction and Maintenance Requirements. It was felt that the entire building, safety and health codes were incorporated by reference in the new Subd. 5.b. and 5.d. The only specific construction requirement that remains is Subd. 5.e. which prohibits locks on doors of massage rooms. This is specifically related to police enforcement of the ordinance. There has also been an addition in Subd. 5.a. which limits the total number of licenses in the City to six. It is felt that this is necessary in order to give the Police Department and the City a chance to establish some sort of track record with the new ordinance before opening the door to numerous and unlimited massage therapy establishments. It should be noted that this limitation applies only to the establishments and not to the amount of therapists in the establishments. Both the massage therapy establishments and the massage therapists are required to comply with any and all amendments to the ordinance and failure to do so shall be grounds for revocation of any license. This provision will allow the Council to fine tune the ordinance if they so desire in the future. (Sec. 6.39, Subd. 5.h.). The final addition to the ordinance is found in Sec. 6.40, Subd. 3.b. Educational Requirements. Both the Police Department and the Legal Department feel that this provision will be the most important protection the City has against illegitimate operations. A diploma from a school recognized by a reputable massage association or an educational accrediting association or agency would be required. The applicant would also have to show 100 hours of completed coursework. This 100 hour amount was calculated based on conversations with the various massage therapists schools as well as with the applicants and surrounding communities. Some of the massage therapists are unhappy with this hourly amount but staff is strongly recommending that it remain at 100 hours. -2- 'ki Please feel free'to contact me with any further questions or concerns you may have regarding this revised ordinance-. J,PE/d j k cc'S, Kevin Eid'e,, Eagan Prosecuting Attorney Jim Sheldon -3:- N0. ______ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTIONS 6.39 AND 6.40 REGARDING MASSAGE PARLOR LICENSING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is hereby amended to read as follows: SEC. 6.39. OMNA FAMOR AND NASSAW PFARBOR MASSAGE THERAPY ,ESTABLISHMENT. Prohibited uses are further defined as follows: Subd. is 2„ Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. n6aenen means a steam bath used fee the puEpese ek bathing, Eel a... -- weight r-eduetlen utilizing t lizing steam as the -L ted: etl. o o ". -e: A. °Metesagen "Massage therapy" means the practice of rubbing, stroking, kneading, tamping, or rolling of the body with the hands, for the exclusive purposes of relaxation, physical fitness, or beautification, and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse who works solely under the direction of such person, physical therapist, athletic director and trainer, or beautician and barber who confine their treatment to the scalp, face and neck. -B-- B. " " "Massage therapy establishment" means any room or rooms wherein persons may, for a fee or other consideration paid either directly or indirectly, receive a therapeutic massage. iN C. 4Meesear= "Massage therapist" means a male person who, for compensation, practices massage. F. "Masseuse" means a fremale peEsen whey Neff Subd. 3-: 3, License Required. It is unlawful for any person to operate a massage therapy establishment without a license therefor from the City. It is unlawful for any person to practice massage therapy in any place except upon licensed premises. -2- C) Subd. 3-. 4. License Application. All initial applications for licenses to operate massage ,aP"!Q�a- therapy establishments shall be accompanied by an - nen Eeburnab - investigation fee of $400.00. This fee shall be escrowed and anv Applications shall contain the names and addresses or the owners, lessees and operators of the applicant, together with a description and location of the premises. The application shall also include information as to any convictions of any crime or offense committed by applicant, together with such other information as the Council may require before consideration of the application. All applications by corporations shall include the names and addresses of all persons having a beneficial interest therein. An investigation by the Building inspector shall be conducted of all premises proposed to be licensed before consideration by the Council. The Police Department shall conduct an investigation of all persons proposed to be licensed before consideration by the Council. All applications shall thereafter be considered by the Council. Subd. #. 5. Restrictions and Regulations. A. Licenses shall be granted only for operation upon fixed premises which must be located in a commercial or industrial district as established by the zoning laws of the City. The total number of licenses issued shall be limited to six. B. Licenses shall be granted only upon a showing of compliance with all laws of sanitation. C. No beer, liquor, narcotic drug or controlled substances, as such terms are defined by State Statutes or the City Code, shall be permitted on licensed premises. D. Violation of any law or regulation relating to building, safety or health, shall be grounds for revocation of any license. E. There shall be no locks on doors of massage rooms. -F� F. Only massage therapists who are licensed by the City shall practice massage. -P: G. No aaener-&e massage parlor therapy establishment shall discriminate between persons on the basis of race, color, creed, sex or national origin or ancestry. -3- 61 - - - - - - --- -- - ---- - - NO* - - - - - - --- -- -- - - - - -- - - --- - --- - --- WE-NOWN-- - - - - - -- -- -- - ---------------- - - - - -- - -- -- -- - --- MW -- - - - - - - - - - -- - - - - -- - -- Subd. 6. Unlawful Acts. A. It is unlawful for any licensee to fail to at all times observe all restrictions, regulations and maintenance requirements contained in this Section. B. It is unlawful for any licensee to be open for business between the hours of 8:00 o'clock P.M. and 8:00 o'clock A.M. of any day, or to permit any patron to be present upon licensed premises after ^-^^ efe 10:00 o'clock P.M. and before 8:00 o'clock A.M. of any day. -4- 5a. Subd. 7. License Condition and Unlawful Act. A. All premises licensed under this Section shall at all times be open to inspection by any health or police officer to determine whether or not this Section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection by such officers and without a warrant for searches and seizures. B. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police or health officer from making such inspection. Subd. 8. Exception. This Section shall not apply to a health care facility (1) owned by a municipal corporation organized under the laws of the State of Minnesota, or (2) owned by the State of Minnesota or any of its agencies, or (3) licensed by the State of Minnesota. Subd. 9. Resident Manager or Agent. Before a license is issued under this Section to an individual who is a non-resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is a resident of the City as its manager or agent. Such resident manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be a resident of the City or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. SEC. 6.40. MASSAGE THERAPIST LICENSE. Subd. 1. Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. "Massage" ",Massage theraov" means the practice of rubbing, stroking, kneading, tamping, or rolling of the body with the hands, for the exclusive purposes of relaxation, physical fitness, or beautification, and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse physical -5- 53 therapist, athletic director and trainer, or beautician and barber who confine their treatments to the scalp, face and neck. B. RMaseemr-" "Massage therapist" means a maJe person who, for compensation, practices massage. Subd. 2. License Required. It is unlawful for any person to practice massage therapy without a license therefor from the City. Subd. 3. Licensing Requirements. A. License Application. All applications for a license to practice as a massage therapist shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the State of Minnesota stating that the applicant has no communicable disease. All initial applications shall be accompanied by a non -returnable investigation fee of $200.00. All initial applications shall also be accompanied by front and side view photographs.and Applications shall contain such other information as the Council may, from time to time, require. All applicants shall be at least eighteen (18) years of age. B. Educational Requirements. 1. Each applicant for a massage therapist license shall furnish with the application proof of the following: 2. Each applicant shall also furnish proof at the _ S q b. ana c. hygiene. Subd. 4. Restrictions and Regulations. A. Whenever a massage is given it shall be required by the massage therapist that the person who is receiving the massage shall have his/her buttocks, anus and genitals covered with an appropriate non -transparent covering. B. Any masseur massage therapists performing any massages shall at all times have 4t+e *heir anus, buttocks, breasts and genitals covered with a non -transparent material. nen transparent 1. 0 it is unlawful fer- l masseur- to Yr t on al female per -son or- a masseuse te pr-aetiee massage on a maie Y- .sen . Subd. 5. License Fee. The annual license fee the anisEa be $50,00. t Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: ------------------------------ By: E. J. VanOverbeke Its: Clerk CITY OF EAGAN City Council ------------------------------- By: Victor L. Ellison Its: Mayor Date Ordinance Adopted: ------------------ Date Ordinance Published in the Legal Newspaper: -7- Agenda Information Memo April 4, 1989 City Council Meeting A. Request from Blue Bell Ice Cream Company and Penguin ice Cream to Operate Ice Cream Trucks on Public Streets within the City of Eagan --Both Blue Bell and Penguin ice cream vendors wish to operate ice cream trucks on public streets in Eagan during 1989. The request by both Blue Bell and Penguin are the same for 1989 as authorized in 1988. The City Council in 1988 approved the license according to the following conditions: 1) provide a certificate of insurance which covers the same level of liability as previous insurance, 2) the hours of operation will be 12:00 noon to 15 minutes prior to sunset, 3) the approval is granted from April 1 to October 1, 1989, 4) the trucks will not generate a noise level greater than 65 decibels, 5) caution swing arms will be required on each vehicle, 6) local employment will be used for drivers operating in Eagan. For a copy of each of the applications, refer to pages_ through c,a . For a copy of a letter of understanding that was sent by the City of Eagan to Blue Bell andn exact copy was sent to Penguin, refer to pages �( through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the requests of both Blue Bell Ice Cream Company and Penguin Ice Cream to operate ice cream trucks on public streets within the City of Eagan. Technically, these applications are separate applications and will require two (2) separate actions by the City Council. `: ✓ i50 Investigation Fee (Non tefimdable) t.- *THE APPLICATION FORM MUST' BE $25 License for up to three solieito:s *PROPERLY COMPLETED OR IT WIrL* 5 'Ebr each additional solicitor *NOT BE PROCESSED. + LICENSE GOOD FOR UP TO ONE YEAR CITY OF EAGAN BUSINESS SOLICITATION LICENSE J I (FOR PROFIT) APPLICANT'S NAME: ,- LOCAL ADDRESS: ai C TY J -7v ro ROME PHONE:, R 2 �/.S 9 2 STATE BUSINESS PHONE: ZIP �'2<9=S20S BIRTH DATE:_ G20A,SOCIAL' SECURITY NO.tj,2,r _e7oro ^ y9 DRIVER'S LICENSE: 67- <-z::) -5- .G 7_5,3-- �� APPLICANT'S CURRENT AND PREVIOUS -ADDRESSES FOR THE THREE- PRECEDING THE. DATE OF APPLICATION:. STREET CITY 6 STATE ZIP FROM TO PRESENT APPLICANT'S CURRENT AND THE DATE OF PREVIOUS OCCUPATIONS"FOR THREE YEARS PRECEDING APP.LICATION,: OCCUPATION FROM TO PRESENT -------------- NAMES AND ADDRESSES'OF APPLICANT''S EMPLOYERS, IF YEARS IMMEDIATELY P.RECEDING'THE'`DATE 'OF ANYt FOR THE THREE'. APPLICATION: NAME STREET, CITY 6 STATE ZIP (1)�L%rreae l__7= FIAM STREET FROM SUPERVISOR LY CI STATE ZIP .. 'HONE TO (2) FIRM loo STREET' •• FROM SUPERVISOR CITY STATE ZIP PHONE TO FOUR CHARACTER REFERENCES (IF APPLICANT HAS NOT RESIDED IN THE CITY FOR TWO YEARS IMMEDIATELY PRECEDING DATE OF APPLICATION).: NAME STREET, CITY 8 STATE, ZI•P, A.C. TELEPHONE NO. Fit J-:7�d S o.-. /001 H. CITY OF EAGAN BUSINESS SOLICITATION LICENSE (For Profit) BUSINESS NAME: LOCATION OF SALES: - :THE APPLICATION FORM MUST BE *PROPERLY 60HPLETED OR IT WILL: *NOT BE PROCESSED. • BUSINESS NAME 8 DESCRIPTION OF PRODUCT: .eesap G'rc gc^ , .VEHICLE USED FO Z THIS BUSINESS: (IF MORE THAN ONE,/ LIST SEPARATELY) Cd 4daL= 12z -& x, GMr�✓i�� MODEL YEAR STATE CENSE NUMBER LENGTH OF TIME REQUIRED IN CITY — _ �r DATES OF ACTIVITY IN CITY FROM: TO:� OTHER C014MMUNITIES WHERE SAME PERMIT WAS ISSUED: �+ "HAVE YOU EVER, BEEN CONVICTED F , FELON GROSS MI EMEANOR, OR •MISDEMEANOR, INCLUDING VIOLATION OF A MUNICIPAL ORDINANCE BUT 'EX'- CLUDING TRAFFIC VIOLATIONS? NOES IF YES, PLACE OF EXPLAIN ON REVERSE SIDE, THE DATE AND CONVICTION AND THE NATURE OF THE OFFENSE. ATTACH A COMPLETE LIST OF ALL SOLICITORS, FULL NAME (FIRST, MIDDLE, LAST), ADDRESS PHONE NUMBER, AND DATE OF BIRTH. INCLUDING EACH PERSON'S (STREET,CITY,STATE,2IP), OADINANCE ALLOkS A FIVE-DAY (BUSINESS DAYS) -BAITING PERIOD KNEES THE APPLICATION AND ISSUANCE OF IHC LICEUSE DHAING VHICH TINE THE POLICE SHALL MAKE AN INVESTIGATION OF THE APPLICANT'S BUSINESS MORAL CHARACICR. THE LICENSE MAY BE ISSUED VULM THE FOREGOING INVESTIGATION IS COMPLETED OR YI1111M FIVEBUSINESS DAYS. OF APPLICATION, MgICHEVEJ IS EAALIER. I SNCAR AND ATTEST TO THE FACT THAT THE PRECEDING INFORMATION IS TRUE AND CORRECT, TO THE BLSI Of MY KNOWLEDGE. I ALSO GIVE MY PERMISSION TO INVESTIGATE ANY OR ALL OF THE PERSONS LISTCD, AS DEjMED NECESSARY BY INC CITY. __ Q4., 3-a POEIC=pPR g^ DATE D E CITY CLERK DATE J V 2,88 i$50 Investigation Fee (Na}Refwdable) • ✓ $25 License for up to three solicitors S 5 For each additiaml solicitor LICENSE GOOD FOR UP TO ONE YEAR APPLICANT'S LOCAL ADDRE! :THE APPLICATION FOR—M--MU—ST-BE--T *PROPERLY COMPLETED OR IT HILL* !NOT BE PROCESSED. • CITY OF EAGAN .. BUSINESS SOLICITATION LICENSE (FOR PROFIT) HOME PHONE: S=ATE ZIP -7 - 77 2.9 BUSINESS PHONE: BIRTH DATE:_ X1)'3 lig SOCIAL SECURITY NO. i18p-ga-�9oSl DRIVER'S LICENSE: ri G 7 (_ Ot.,'7 - I i L APPLICANT'S CURRENT AND PREVIOUS --ADDRESSES FOR HE TTHREE YEARS PRECEDING THE DATE OF APPLICATION: STREET CITY 6 STATE ZIP FROM TO Yn✓i SSiO421,97 PRESENT c'i 4c�1 APPLICANT'S CURRENT AND PREVIOUS OCCUPATIONS•FOR THREE YEARS PRECEDING THE DATE OF APPLICATION: OCCUPATION - FROM TO 11 Ra- PRESENT NAMES AND ADDRESSES OF APPLICANT'S YEARS IMMEDIATELY PRECEDING THE DATE EMPLOYERS, IF ANY, FOR THE THREE OF APPLICATION: NAME1 STREET, CITY 6 STATE ZIP (1) Ie o �i� �r nrr. 711 FIRM1 SIRE5� SIA7 Si. T'o.�( mvr FROM SUPERVISOR CITY STATE cctlid ZIP PRONE T' 0 (2)_ S��„il�r� TraveQ - 7aa a^�A� FIRM t STREET •• FROM Sear, Kfg;ber _ rna�: mn ec�/o� Q� SUPERVISOR CIT STATE r1�, ZIP PHONE � TO FOUR CHARACTER REFERENCES (IF APPLICANT HAS NOT RESIDED IN THE CITY FOR TWO YEARS IMMEDIATELY PRECEDING DATE OF APPLICATION): NAME STREET, CITY 6 STATE ZIPA.C. TELEPHONE N0. CITY OF EAGAN BUSINESS SOLICITATION LICENSE (For Profit) :THE APPLICATION FORM MUST BE PROPERLY COMPLETED OR IT WILL* *NOT BE PROCESSED. BUSINESS NAME: e n q,, v., /I ' BUSINESS Crca.M� .Y.cc. PHONE: 779-77a9 LOCATION OF SALES: /4 ; 4;,0,1111 O� w NAME 6 DESCRIPTION OF PRODUCT: f ,� A , VEHICLE USED FOR Af{C y -t�, �l�o fY7-T LDK7.34 MAKE MODEL - YEAR STATE LICENS NUMBER LENGTH OF TIME REQUIRED IN CITY:.. - DATES OF ACTIVITY IN CITY FROM:_% OTHER COMMUNITIES WHERE SAME PERMIT WAS 'ISSUED: }'tl ( YS Sr1. P .. 0 BUSINESS: (IF MORE THAN ONE, LIST SEPARATELY) HAVE YOU EVER BEEN CONVICTED OF A -MISDEMEANOR, INCLUDING VIOLATION OF C,LUDING TRAFFIC VIOLATIONS? FELONY, GROSS MISDEMEANOR, OR A MUNICIPAL ORDINANCE BUT EY.' - NO ,,,- ,6`— YES IF' YES, EXPLAIN ON REVERSE SIDE, THE DATE AND PLACE OF CONVICTION AND THE NATURE OF THE OFFENSE. ATTACH A COMPLETE LIST OF ALL SOLICITORS,_ INCLUDING EACH PERSON'S FULL NAME (FIRST, MIDDLE, LAST), ADDRESS (STREET,CITY,STATE,ZIP), PHONE NUMBER, AND DATE OF BIRTH. ORDINANCE ALLOkS A FIVE-DAY (BUSINESS DAYS) -WAITING PERIOD BETWEEN THE APPLICATION AND ISSUANCE OF lid LICENSE DURING WHICH TIME THE POLICE SMALL MAKE AN INVESTIGATION OF TIIE APPLICANT'S BUSINESS MORAL CHARACTER. THE LICENSE MAY BE ISSUED WHEN THE FOREGOING INVESTIGATION IS COMPLETED OW WITHIN FIVE BUSINESS DAYS. Of APPLICATION, W4ICHEVE4 IS EARLIER. I SWEAR AND ATTEST TO THE FACT THAT THE PRECEDING INFORMATION IS TRUE AND CORRECT. TO TIIE BEST OF AT KNOWLEDGE. I ALSO GIVE MY PERMISSION TO INVESTIGATE ANY OR ALL OF TW[ PERSONS LISTED. AS DLIAED NECESSARY BY THE CITY. � - 3/. l89 IGNATURE ?LICANT DATE 77-07 ' .4 Y DAr— CITY CLERK DATE - 2,88 OF 3430 PLOT MOB ROAD. P.O. BOX 2n99 SAGA L L94 ESOTA 5510 NNONE (612) 4564700 April 11, 1988 MR GLEN BARRON BLUE BELL ICE CREAM INC 3218 SNELLING AVENUE MINNEAPOLIS MN 55406 Re: Dear Mr. Barron: WeLem -ire lim"EGIM7 -ft*0 K GL6VP ON P1MBA MOCKA 660DO EVYA04M i4M/Ynbe 1110�M5 i43x.E5 �ayAs�r+ratr a777sawwoveww coram In official action that was taken by the City Council at a regular meeting held on Tuesday, April 5, 1988, Blue Bell Ice Cream, Inc., was given approval to operate ice cream trucks on public streets throughout the City of Eagan. The action was taken subject to the following conditions: 1) Continuance of insurance coverage evidenced by an insurance certificate providing the same level of liability as provided in a letter from your insurance agency to the City of Eagan in 1986; 2) hours of operation will be 12:00 noon to 15 minutes prior to sunset; 3) the approval is granted from April 1 until October 1, 1988, 4) the trucks will not general a noise level greater than 65 decibels; 5) caution swing arms will be required on each vehicle; and 6) local employment will be used for drivers operating in Eagan. ' ' Our Police Department has again been instructed to record any and all complaints that may be received regarding operation -of the ice cream truck. If there are serious complaints, the City Council reserves the right to revoke the special use permit and variance to the ordinance at any time. . THE LONE OAK TREE ... THE SYMKX OF STRENGTH AND GROWTH IN OUR COMMUNITY LETTER TO NR BARRON APRIL 11, 1988 ✓\ PAGE TWO : If you have any questions regarding the action taken by the City Council, feel free to contact me at any time. E ff\J ,4u,,, E. VanOverbeke CPA Finance Director City Clerk cc: City Administrator Hedges Chief of Police Berthe Administrative Assistant Witt WV/kf Co Z Agenda Information Memo April 4, 1989 City Council Meeting B. variance for Leo Amundson for variance of 41 to the Side Yard Setback of 101, Lot 4, Block 4, Valley Vier Plateau --The City of Eagan has received an application for a variance by Leo and Gen Amundson requesting a 4' variance to the required 10' side yard setback in order to construct an addition to their kitchen and deck porch area. For additional information on this item, refer to a report prepare by the C mmunity Development Department enclosed on pagesLLSE through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 4' variance to the required 10' side yard setback as presented. Qe3 CITY OF EAGAN SUBJECTS VARIANCE APPLICANTS LEO AND GEN AMUNDSON LOCATIONS IAT 4, BLOCK 4, VALLEY VIEW PLATEAU 1470 HIGHVIRW AVENUE EXISTING ZONINGS R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARINGS APRIL 4, 1989 DATE OF REPORTS MARCH 27,1989 REPORTED BYS COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting a 4' Variance to the required 10' sideyard setback. Leo and Gen Amundson are proposing to construct a 21' 6" x 10' 6", or 228.9 -square -foot, addition to the kitchen and deck/porch area. The addition would encroach into the setback area 4' at the nearest point or a total of 18 square feet. The applicant has gained verbal approval of the property owner to the east, Mr. L. B. Eichten. Construction of the addition is anticipated for May 1989 if approval is granted. The request meets or exceeds all other setback and code requirements and also meets the findings as set forth in Section 11.40, Subdivision 3.B.4 and 3.0 of City Code. _ --. I I SEI/4 SECTION 4 1 7 X. / I s j J L l 6 4 •YI r N / 614VIEW { \v SR/066V/EW Trd s s e p L A T 0/I-77 ! ! a IRHO�400l � p40 � `f: • l Ie 0 4 7 � Avs. e : A ' ae✓rw A`�oJe AY 1. 'V A L L E N- V I , P LA T&A V INp ? (4 4 VE. I; H /O N W. ! �. Jn h.A9- J f Pra mitE� mr.Leo Amunas 147 Dr 1470 Ilighview Drive Eagan, MN 55121 126/39 DELMAA H. SCHWANZ oon arallUlM Ulerr law M lrw ear A lalaweu 14700 SOUTN.ROOERT TRAIL R08WA0UNT; MINNESOTA UM 0111/445-1760 _ SURVEYOR'S CERTIFICATE HIGHVIEW AVE. 122. 50 (PLAT SMEASIN89o&i-?"W 9� _ 0adl' ti le LOT 4 4VMO0 ! Goo 17 EXIStING HouSr in — — — 122.5P -AT 122.17MrAS. SS9e3523°E III W 5F - 1 Scale- 1 inch - 40 feet Description: Lot 4, Block 4, VALLEY VIEW PLATEAU, according to the recorded plat thereof, Dakota County, Minnesota. 1 hereby certify that this survey. plan. or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the lags Of IM Stale of Minnesota. Deiced 10-06-88 . palrrrar N. Solvent- Minnesota ebwrMinnesota RaglsusSen N0. SON �-IL PROPERTY LINE Ad' SE j 6AGK r I Agenda Information Memo April 4, 1989 City Council Meeting t,_ C. variance for Best Brands Ina., of 1.61% to the Maximum 35% Lot Coverage in an LI District --The City received an applications from Best Brands Inc. requesting a variance of 1.618 to the maximum of 358 building coverage in a limited industrial district due to an 18,000 square foot addition they are proposing to the existing plant located on Lot 10, Block 2, Sibley Terminal Industrial Park. The Departments of Community Development and Engineering have reviewed the variance request and for a copy of their report, refer to pages � to -7 21- . ACTION TO BE CONSIDERED ON THIO ITEM: To approve or deny the variance request of Best Brands Inc. for a variance of 1.618 to the maximum 358 building coverage in a limited industrial development. CITY OF MAN SUBJECT: VARIANCE APPLICANT: BEST BRANDS, INC LOCATION: LATS 9 & 10, BLK 2, SIBLEY TERMINAL IND PK 3338 TERMINAL DR & 1765 YANKEE DOODLE RD EXISTING ZONING: I-1 (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: APRIL 4, 1989 DATE OF REPORT: MARCH 27, 1989 REPORTED BY: COMMUNITY DEVELOPMENT & ENGINEERING DEPTS APPLICATION SUMMARY An application has been submitted requesting a Variance of 1.61% to the maximum 358 building coverage in a Limited Industrial district. COMMENTS Best Brands, Inc. is a bakery supply company. Recently , the company has added a computerized production facility which is anticipated to increase production by 2008. Forty-one thousand square feet of additional warehouse, refrigeration, and freezer space are required to support the new facility. Best Brands is proposing to take over their own building (located on lot 9) when tenant leases expire. This building contains 22,400 square feet. In addition, they are proposing an 18,000 -square -foot addition to the exising plant on lot 10. The addition would be located at the northwest end of the building, with approximately one-third of the addition on lot 9. The breakdown of the site is as follows: Total lot area 247,513 or 5.68 acres Existing building cover on lot 9 22,400 sq. ft. Existing building cover on lot 10 50,216 sq. ft. Proposed addition 18,000 sq. ft. Proposed total building area 90,616 sq. ft. Proposed F.A.R. 36.618 The purpose of the Variance is to allow 36.618 building coverage, only 1.618 above the maximum of 358. The City's engineering department has reviewed the request and will be requesting a grading, drainage, and erosion control plan at the building permit stage. C BEST BRANDS, INC PAGE TWO The applicant is also proposing upgrading their existing parking facility with an additional parking area, and they have submitted a detailed landscaping plan which will dramatically improve the aesthetic quality of this industrial site. The Variance request meets the required findings as set forth in Section 11.40, Subdivisions 3.8.4 and 3.1C of the City Code. CONDITIONS 1) A landscape plan shall be submitted and approved. 2) Consolidation of lots 9 and 10, block 2, Sibley Terminal Industrial Park shall be recorded with Dakota County within thirty days of approval. 3) Parking on Yankee Doodle Road shall be discontinued and the proposed parking lot area shall be in'conformance with City Code requirements. 4) A grading, drainage, and erosion control plan shall be submitted and approved by City staff and the Dakota County Soil and Water Conservation District with the building permit application. 7 "Al- e� ti GnrT Lar t c se-oz � J ♦ 47 +° / hs 5 �o �ry'Ypp 64, ft ® 1,11 {{{/// LI 012-50 1p 1111 •� Y ° 112 f t44,,FEE :fi••rOn:iiF!�• rl DoIt pp(E, .. LI .•.:: �iii�.ii �:�':iiiiiiiiiii�.ii�.� ^v '0 CO S its D 1' Ode-1{�Olf J`• 7�ysnr�. ,a, v BEST BRANDS VARIANCE ' O I I - � I �I I I ,"- n:° '.. � � • � ii i�iiii�i iiia e � � I � ._ ::.: s$s�erie,,rs.dmf+.j:::;;:;:;;:?;::::;::'•::: �:::::;::::� � �:•: y 6w a...... ,R_ 768,0 0 IV Vti - - ` VU N 15 N 2 �yL nf- 7705 .. •✓V �e .am A� .. ee...e at rd AAD. 3 I. w I .a V - a >A • 760. 766.0 I I ''mow• ,' ., i � I � M1e� I '•ROYufl .n.a Atl� 1 6W `- le • / t.� ib r [•ZJICD I l\ 74�••'��.,. 28p LF 2/•! Rep .-� ' l7CE -M-'NV-Iw INV- 762.w "ys•1) • - ,, --�� .. .•a�f.IN4y 1 NO O r Jaue►iR l •-� . 1 March 28, 1989 TO:Honorable Mayor and City Council FROM: E. J. VanOverebeke CPA Finance Director RE: Variance 8-V-5-3-89 Financial Obligation As a result of the variance application by Best Brands, Inc. a study was made of the charges against Lots 9 and 10 Block 2 Sibley Terminal Industrial Park. As a result of the study it was determined the properties had not been charged their pro -rata share of the improvements installed by the City. Therefore it is recommended the following charges be collected as a condition for approval of the variance. Improvement Proj# Usage Rate Quantity Amount Lateral benefit sanitary 15 Uniform 15.85/ff 427.92ff $6873 sewer trunk Sanitary sewer service Total 15 D, 530 1 530 $7313 Agenda Information Memo April 4, 1989 City Council Meeting D. Conditional Use Permit, Crown CoCo Inc. (E-8 Stop Store) to Allow Retail Sales of 3.2 Beer in a OR District --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a conditional use permit to allow off -sale 3.2 beer in a General Business district. The location is specifically the Union 76 station that is located at the northwest intersection of Diffley and Nicole Road. The APC is recommending approval. The Union 76 which is operated under the name of Eagan Service Center and Union 76 is converting its full service station to a food mart with self service pumps similar to other operations in the area. For additional information on this item, refer to a report prepay d by the Depa went of Community Development enclosed on pages � through �. The APC minutes for this item are enclosed on page(s)�ir� 7 �. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow off -sale 3.2 beer in a general business district for Crown CoCo Inc. 73 — rY_ tom- —•- • RvBAlHER9Y�"�+�le M�PAPP.� .. u _. CITY OF ,BAGADi--�- - BUBJZgT2 �zM'DpIDITIONAL - . ;P & IT-- _ JIPPLICl16Ts =C!DMN COCO*..INC r LOCATION: SN 1%4 _SECTION 19 DATE OF PUBLIC MUMs MARCH 28, 3989 DATE OF BEPORTs -MARCH 32. 1989 REPORTED BYs DEPARTMENT OF COMMUZITr DNVZLOPMRNT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow off -sale 3.2 beer in a General Business district. The applicant, Crown Coco, owns the gas station at the northwest intersection of Diffley and Nicols Roads. All fees have been paid and the police investigation is pending. This Conditional Use Permit shall be subject to all applicable code ordinances and a successful police investigation. SCALE I = 40' N w..• ieNG[ CROWN OIL COMPANY 319 ULYSSES STN E MINNEATouS, MN 55413 DAVE MILLER 331-29?$ .4199 N 1 COLS ROAD 2'r-- "- -v+o.s Ecru[ ttasu � syvN.s�L TL 2100 ✓`- VALIUM& I e At ssu scN 1 twwWALL y ua.•.p.ec Mf ' 77 - 1.fP»LST 1 G^5 MA?414? ,owta CAAbpi Lw�D�e. s'siscn.ut� �~ O�W _ f I iN idL 7.N a s.aA lw a. 1 I WALL space — ovolka* ` � 4' it *.e' AL New Ncw MMSTA»e.ru. ID syY 10 J117' I PL'i RKIs1i 6MuN0 im" 'I /1 1) I I � I ' I � -- _L_ b Yr/ACK LTit N �+c — - v- Lao - - ----� csaw AMoC;p PROPERTY i5 kA MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING WNRISSION BAGAN, MINNESOTA March 28, 1989 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March 28, 1989, at 7:00 p.m. at the Eagan Municipal Center. Present were Chairman Pawlenty, Members Voracek, Graves, Trygg, Merkley, Miller and Gorman. Also present were Assistant City Engineer Mike Foertsch, City Planner Jim Sturm, and City Attorney Mike Dougherty. •4T k Voracek moved, Merkley seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES Member Graves requested a correction on page 9; paragraph 2 should read "Member Graves questioned if there were any limitations on the number of establishments allowed to have on -sale in a complex. Mr. Sturm stated yes." Merkley moved, Trygg seconded, the motion to approve the February 28, 1989, Advisory Planning Commission minutes as amended. All voted in favor. At this point, Chairman Pawlenty explained the Advisory Planning Commission procedures to the Commission and the public. City Planner Jim Sturm reviewed for the Commission the process for rezoning on the BUD parcels. CONDITIONAL USE PERMIT/3.2 BBER/CROAN COCO, INC. Chairman Pawlenty opened the first public hearing for the evening regarding a conditional use permit to allow retail sales of 3.2 beer in a General Business district located at 4195 Nicols Road in the southwest quarter of Section 19. City Planner Jim Sturm summarized the application for the Commission. Dave Miller (applicant) informed the Commission that he was redoing the station into a convenience store. Be stated he was available for questions. I( Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Merkley moved, Graves seconded, the motion to close the public hearing and approve a conditional use permit to allow retail sales of 3.2 beer in a General Business district located at 4195 Nicola Road in the southwest quarter of Section 19, as requested by Crown Coco, Inc., subject to all applicable Code ordinances and a successful police investigation. CONDITIONAL USE PERMIT/PII.OH SIGX/CROWN COOU, 10C. Chairman Pawlenty opened the next public hearing regarding application for a conditional use permit to allow a pylon sign located at 4195 Nicola Road in the southwest quarter of Section the 19. City Planner Jim Sturm introduced the matter to the Commission and stated that proposed condition number 3 should be deleted and the remaining three conditions renumbered. Dave Miller (applicant) stressed that he wanted to be able to compete with Amoco. Mr. Sturm stated a variance would be needed if the proposed sign were to be installed. Mr. Sturm stated that staff could work on the matter for another month and bring it back before the Commission, or the applicant could meet the sign conditions. Member Merkley commented that the Amoco sign was smaller. Chairman Pawlenty noted that he was not inclined to give the variance for the sign unless the need was demonstrated. Member Voracek remarked that the application was not for a variance and that the sign must meet Code. Member Merkley questioned if the matter should be continued. Member Graves questioned if the matter had been properly noticed. The applicant requested approval of the conditional use permit, and the variance request could be submitted later. Voracek moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow a pylon sign located at 4195 Nicola Road in the southwest quarter of Section 19, subject to the following conditions: 1. All applicable Code ordinances shall be adhered to. 2. A maximum height of 27 feet and 125 square feet of signage area per side shall be allowed. 3. The signage shall be limited to 20% of the canopy facade. All voted in favor. WAIVER OF PLAT/OPUS CORPORATIOH/EAGANDALE CENTER INDUSTRIAL PARK NO. 3 Chairman Pawlenty convened the next public hearing in regard to an application for a waiver of plat in order to combine 26 lots in Eagandale Center Industrial Park No. 3 into two parcels located in —11 Agenda Information Memo April 4, 1989 City Council Meeting E. License for Non -Intoxicating halt Liquor, Sagan E -Z Stop --An application for a non -intoxicating malt liquor license was applied for by Eagan E -Z Stop at 4195 Nicols Road. As stated in the previous agenda item, the owner's name is Crown CoCo Inc. The application is in order for consideration assuming affirmative action on the previous item regarding the conditional use permit. For additional i formation, refer to the application, a copy is enclosed on page I . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a non - intoxicating malt liquor license for Eagan E -Z Stop located at 4195 Nicole Road. SPECIAL NOTE: Normally this item would be a consent item but given the conditional use permit agenda item, it appears as an item of new business. DATE 2' _ An CITY OP EAGAN NEW ON SALE FEE' 3830 PIIAT XWE ROAD RENEWAL 7 -OFF SALE FEE; YO. 00 ZRG,JIN, MINNEWrA 55122 TEMPORARY TEMPORARY FEE $25{00 APPLICATION FOR NON-INMX1C== 'MAL.T LIQODR LICET C PLEASE PRINT _ /� r, e. •=Drt/�• ZAGAN E—Z p op r�'i0ew Last First Middle Lase First Middle �// Address L4gS IVi�e,tJ R� Address 31 V� as ars IE. Soret street //�1� M AJ. Mala 0w %-% t-1 13 City State Zip, City Sc4 p Zip W1 Phone Birthdate PhoneLiL-S3s-q�.•W�irthdate (_ F' Z. 5ra'lt ArWOCC3 FL•rst Middle Address.3101 U's+y aeca 5r, N, r£ Address Street Street llroj a Nov. .rrI41 City State Zip City State Zip / Phone ! fo /'2� '.'b I - 9 3 -1 Phone Birthdate • , r for the year ly 8iq , N 14 from 0 t 0 1 to 12. 3 1 Event': mons -j to monthate or temporary cense (t) Location: syj-e N s eoL% Rb Are you the actual proprietor? Yes 09) No ;tre you thhe aoun r of the property ofthe business location? Yes O No 00 p 1las,any other .license of this kind been grantedto you?"' Yes 0 No O Where ) rg p- gyp, f Cr€y, c� Are any taxes, .assessments .or utility bills for the premises unpaid or deliquenc? Yes (.) NO ( )i if yes, give reason. L)4lKfV0W V During the past year, has a summons been issued under the Liquor Civil Liability Lav MS 304.A802? Yes ( ) No ()0. if yes, attath.summons Copy. Have you ever been convicted? Yes ( ) No' 04) City (Orhar than 's traffic offense) Is this a Joint ownership or silent partnership? Yes ( ) No 00. If yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers for everyone involved. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD. EACAN'HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH. THE CITY OF EAGAN MAY INCUR' BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. I (we) HEREBY ACRES TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND 'LIE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF 'MY KNOWLEDGE AND BELIEF. C "- UTHORI2ED SICNATURElv� O} (C_ a �l_o 1.�'L� \lP First Full Middle V Last FOR TY US 0 Y � DATED 3 •a S ¢ t'-) 'POLICE APPROVAL: Yes [') No ( )SIGNED CITY COUNCIL APPROVAL: Yet ( ) No C) SICNED DATED 9.81 Agenda Information Memo April 4, 1989 City Council Meeting F. Conditional Use Permit for Crown CoCo Inc. to Allow a Pylon Sign --The Advisory Planning Commission at a public hearing held on March 28, 1989 also considered a conditional use permit for a pylon sign for the E -Z Stop station as referenced in the two (2) previous agenda items. The APC is recommending approval of this item. For additional information regarding the conditional use permit for a pylon sign, refer to the Com=nity Develo n Department report, a copy is enclosed on pages through The APC minutes for this item are enclosed on page(s)___,�_. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for Crown CoCo Inc. for a pylon sign to be located at the northwest corner of Diffley and Nicole Roads. CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANTS CROWN COCO, INC LOCATION: SW 1/4 SECTION 19 P.I.D. 10-01900-011-55 EXISTING ZONING: GB (GENERAL BUSINESS) DATE OF PUBLIC HEARINGt MARCH 281 1989 DATE OF REPORTS MARCH 22, 1989 REPORTED BYe OF COMMUNITY DEVELOPMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit for a pylon sign at the northwest corner of Diffley and Nicola Roads. Crown Coco, Inc. will be purchasing the existing Union 76 gas station. Crown Coco Inc. currently operates 19 EZ -Stop gas stations in Minnesota. Crown Coco, Inc. is proposing to remove the existing Union 76 sign on Nicols Road and replace it with a 4'x20' freestanding ground sign. The EZ -Stop pylon is indicated on the site plan for the SW corner of the site near TH-77 (Cedar Avenue). The proposed pylon is not in conformance with City Code. The 206 sq. ft. sign, including the 36 sq. ft. reader board, is 81 sq. ft. larger than the 125 sq. ft. permitted by Code. Also, the request is to allow the sign to be constructed to the same height as the Amoco sign across Diffley Road. The Amoco sign was approved for a height Variance at the September 15, 1981 City,Council meeting. This Variance allowed a 50' sign to be constructed. The applicant feels it is necessary to request the same height to compete with Amoco. The distinction given to freeway sign locations is the allowance of a ground sign in addition to the business pylon. "When used, a pylon sign is allowed in lieu of a freestanding ground sign." (Section 4.20, Subd. 6.B). Otherwise, freeway signs must comply in all other respects with the provisions of this Section. (Sect. 4.20, Subd. 6.D.) CONDITIONS: 1. All applicable Code Ordinances shall be adhered to. 2. A maximum height of 27' and 125 sq. ft. of signage area per side shall be allowed. 3. No monument signs shall be allowed on this site.. 4. Signage shall be limited to 20% of the canopy facade. M V. EZ -STOP ori.. � sty ::eithard Kenr7Pd�y • t U. ruse .. nae -73 e" At 01 e-9.! vV A& n 24 1 27 1 LL 1 10 11 !. DISTOCT Iq t CCiZ CEDF7+2 aGM) s 0 SCALE I:40l N CROWN OIL COMPANY 319 ULYSSES STN E MINNEArOUS.. M N SS4IS DAVE MILLER 331-292$ 4195 NICOLS ROAD wnef iENt1 R ZOOr YL \Ll\ttI.Nt 'I L. r.! 'r- -Lt' 1 P\[KING � e�D �ENtE sJ'�C'rEo l�iM I Tl\iY .�rMi W« YAti NI I VOL t _ f p M 1� J � %P*ALT w GAS ISLI'NLSJ ¢ j uN D![ a\Ye�f 11 �uI�DME. 7 � SI\EN[l� l•nMl I � Ersn.la. s14N tori 11W1, r\aw •`W - 1 Maw !PULE 4's ta' 11L NEW irr�W\Y lr"` New /Rm\T\ND.N6 1 ST l.iu IOP17� T\i.K1\li 6/w.NO 116M le'leryea- -__ftmrsmic L --P", 19 +[ R too.&@, - - — CSAu 30 ��FFLEY IAMoCo ?ROPERTY 3 VA 'RILE HOT QOGSSHA C CavoML 4 1 x t4' w. %LD6 IMILK(gs o 141CCLS 4�A24' F. bLD6 4051 PR{GE �I:FLEi sieve AI$V 5. to,"" ICL BEE vmvev 4'x 15' S. LLm PRicE fAICOLS SIGN 4'r s' i. C kM*T( E3A►1KI�iG FAST �1ly,r r,:rauA Ez FOOD MWDEfeSi7�. w rlur p �� 4v' to' FREE ST&Obomc.' faTeuND S1f.N (iC/ sAVE� SCALL Ps" a 0--o" to'x 17' FREE wxy S16.N (CNDARi S' x e' �R1eE rR�cE $1GN s�cN eN SAFE ♦OSE (opt AS &"tmb S16N stomNLE 4109 NIt % "kl:o Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Merkley moved, Graves seconded, the motion to close the public hearing and approve a conditional use permit to allow retail sales of 3.2 beer in a General Business district located at 4195 Nicols Road in the southwest quarter of Section 19, as requested by Crown Coco, Inc., subject to all applicable Code ordinances and a successful police investigation. USE PERMIT/PYLON SIGWCRONN COCO, INC. Chairman Pawlenty opened the next public hearing regarding application for a conditional use permit to allow a pylon sign located at 4195 Nicole Road in the southwest quarter of Section the 19. City Planner Jim Sturm introduced the matter to the Commission and stated that proposed condition number 3 should be deleted and the remaining three conditions renumbered. Dave Miller (applicant) stressed that he wanted to be able to compete with Amoco. Mr. Sturm stated a variance would be needed if the proposed sign were to be installed. Mr. Sturm stated that staff could work on the matter for another month and bring it back before the Commission, or the applicant could meet the sign conditions. Member Merkley commented that the Amoco sign was smaller. Chairman Pawlenty noted that he was not inclined to give the variance for the sign unless the need was demonstrated. Member Voracek remarked that the application was not for a variance and that the sign must meet Code. Member Merkley questioned if the matter should be continued. Member Graves questioned if the matter had been properly noticed. The applicant requested approval of the conditional use permit, and the variance request could be submitted later. Voracek moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow a pylon sign located at 4195 Nicole Road in the southwest quarter of Section 19, subject to the following conditions: 1. All applicable Code ordinances shall be adhered to. 2. A maximum height of 27 feet and 125 square feet of signage area per side shall be allowed. 3. The signage shall be limited to 208 of the canopy facade. All voted in favor. WAIVER OF PLAT/OPUS CORPORATION/RAGAMDALE CENTER INDUSTRIAL PARK NO. 3 Chairman Pawlenty convened the next public hearing in regard to an application for a waiver of plat in order to combine 26 lots in Eagandale Center Industrial Park No. 3 into two parcels located in Agenda Information Memo April 4, 1989 City Council Meeting t; v. -,L. ; . G. Waiver of Plat for Opus Corporation to Combine 26 Lots in Eagandale Center Industrial Park #3 into Two Parcels Located at the BE Corner of Lone Oak Road and Heil Armstrong Boulevard --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider an application by Opus Corporation requesting a waiver of plat to combine and split Lots 2-27, Block 3, Eagandale Industrial Park 3rd Addition into two separate 11.41 acre parcels located along the east side of Neil Armstrong Boulevard between Lone Oak and Apollo Roads. The APC is recommending approval. For additional information on this item, refer to a report prepared by the Department of Community Development and appropriate correspondence pertaining to the item enclosed on pagess(— through g*. The APC minutes are included on page(s) I00 — 102_ ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Opus Corporation to combine 26 lots in Eagandale Center Industrial Park #3 into two parcels as described. 0 CITY OF EAGAN SUBJECTs WAIVER OF PLAT APPLICANTe OPUS CORPORATION LOCATION: LOTS 2-27, BLOCK 3, EAGANDALE INDUSTRIAL PARR 3RD ADDITION EXISTING ZONING: LI (LIGHT DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 22, 1989 COMPILED BY: DEPARTMENT OF APPLICATION SUMMARY: An application has been submitted by Opus Corporation requesting a Waiver of Plat in order to combine and split Lots 2-27, Block 3, Eagandale Industrial Park 3rd Addition into two separate 11.41 acre parcels located along the east side of Neil Armstrong Blvd, between Lone Oak and Apollo Roads. This Waiver of Plat would split these 26 buildable lots, allowing the development of twin 150,400 sq. ft. office showrooms over the next two years. The proposed buildings are very similar to the existing Lone Oak Business Center buildings immediately to the west that were constructed between 1985 and 1987. As with those buildings, no building or parking setback variances are requested and all uses must comply with Light Industrial Code regulations. This area was platted in the mid -1960's with narrow lot widths and frontages to allow maximum efficiency of each lot by combining only the needed area for the specific user and building as development would occur. SITE PLAN: One access point onto Lone Oak Road has been aligned with Lone Oak Circle to the north and a truck access has been designed to come into the site directly from Neil Armstrong Boulevard. The County Highway Department originally wanted the City to require replatting of this property. The City and County share common concerns with the development along County roads and Opus Corporation has agreed to several planning -related items that have been included as conditions of this Waiver of Plat. Each 150,400 sq. ft, building would have a 15% office ratio and 858 warehouse ratio, with a maximum building coverage of 308 in a 358 district. Seven hundred parking stalls have been provided where the most strict code interpretation would only require 648 stalls. Based on that amount and the amount not presently being used in the Lone Oak Business Center, staff is comfortable that the number could be reduced if the applicant so desires as ample .proof -of -parking has been demonstrated. �� The submitted landscape plan is well done and ties in nicely with the Lone Oak'Business Center to ;the west.. PARK ISSUES: The proposal be subject to a cash parkland dedication according to the current policy and &V wide concrete sidewalk be placed.aong Lone Oak Road. 6RADiNG/DRAINAGE/EROBI0N CONTROL= No information was submitted concerning a grading, drainage and erosion control plan. The development will be required to provide information pertaining to grading, drainage and erosion control for staff review as part of the building permit review process. The City's Comprehensive Storm Sewer Plan does not identify any storm water ponding areas on this site. The development will be responsible for providing adequate storm water ponding on this site or on adjacent sites to limit the quantity of site generated storm water runoff to the existing overburdened storm sewer utilities on Lone Oak Road, Neil Armstrong Boulevard and Apollo Road. UTILITIES: No information was submitted concerning a sanitary sewer and water main layout plan. Sanitary sewer of sufficient depth and capacity to serve this site is readily available on Neil Armstrong Boulevard and Apollo Road. Water main service of sufficient capacity and pressure is readily available on all four sides of the development. BTREETS/ACCESS/CIRCULATIONa The proposed site plan as submitted shows one access to this site taken directly off Lone Oak Road opposite Lone Oak Circle, one access off Neil Armstrong Boulevard, and two accesses off Apollo Road. The Dakota County 5 -Year CIP has programmed for 1990 an upgrade of Lone Oak Road from Lexington Avenue to TH 55. The proposed improvements include reconstruction of Lone Oak Road to a four -lane divided roadway with left -turn lanes. The County has expressed concern about the distance between Neil Armstrong Boulevard and Lone Oak Circle. The distance does not allow for adequate left - turn lanes to be built. See attached letter from Dakota County. The proposed 24' wide entrance driveways are required to be upgraded to 30' wide entrances. Also, the development will be responsible for constructing the proposed parking lot area in accordance with City Code requirements. EASEMENTS/RIGHT-OF-RAYS/PERMIM The development will be required to provide appropriate ponding easements and utility easements for those public utilities constructed outside of the public right-of- way as required by the proposed site development. Current City Code requires an 80' right-of-way for a 44' wide street. Neil Armstrong Boulevard and Apollo Road are currently constructed to 44' wide in an existing 70' right-of-way. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. FINANCIAL OSLIGATIONO: Based upon my study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. FR7 i DBBCSIPTION HATS OTY ANT Future Street 90.35/FF 1034.46 FF $93,463 Future Trail 8.10/FF 1034.46 FF 8,379 TOTAL $101*842 WAIVER OF PLAT CONDITIONS: 1. Opus Corporation will agree to give controlled access to the County along the Lone Oak Road portion adjacent to this Waiver of Plat except for the access point granted by the access permits. 2. Opus Corporation will grant the 10' right-of-way easement for roadway purposes immediately south of the right-of-way line. 3. Opus Corporation will grant the 15' trailway easement immediately south of the right-of-way easement. 4. The parking setback along Lone Oak Road will be 35' from the right-of-way line. 5. The project will be designed so that access to the truck court will be taken from Neil Armstrong Boulevard. 6. The newly -created parcels shall be combined at the County within 60 days of the Waiver of Plat approval, with documentation to the City Clerk within 30 days of the recording. 7. All signage shall.be subject to the City's one time sign fee of $2.50 per sq. ft. S. The proposal be subject to a cash parkland dedication according to the current policy and a 6' wide concrete sidewalk be placed along Lone Oak Road. 9. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the Waiver of Plat dimensions and the rates in effect at the time of the City releasing the Waiver of Plat for recording. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. The development is subject to further requirements relating to grading, drainage, erosion control, street access, storm sewer, ponding, sanitary sewer, easements and water main as necessitated by the building permit process review by City staff. RECEIVED MAR Z DAKOTA * COUNTY aURVEV DEPARTMENT City of Eagan 3830 Pilot Knob Road Eagan, NN 55122 Att: Dale Runkle, City Planner OPUS CORPORATION — •AIVER OF PLAT Dear Rr. Runkle: f BART N. STEVENWK RJ_L COUfM SURVEYOR 012) 471•,153 APPLE VALLEY, MINNESOTA 5512 February 27, 1989 The Dakota County Plat Commission met on February 27, 1989, to consider the waiver of plat for OPUS CORPORATION. Said development is adjacent to County Road No. 26 and is, therefore, subject to the Dakota County Contiguous Plat Ordinance if property is platted. The Plat Commission would like to go on record to the City as opposing the granting of a waiver of plat. The use of the property as proposed constitutes a significant change in use from the time it was platted. Granting a waiver in this instance does not allow for the orderly development and does not take into consideration the public need for right of way, easements and access spacing. The short distance between Heil Armstrong Boulevard and Lone Oak Circle does not allow for adequate left turn lanes to be built in the future. The Plat Commission feels that this would be the appropriate time to review the possibility of realigning Neil Armstrong Blvd. to meet opposite Lone Oak Circle as C.S.A.H. NO. 26 is proposed to be rebuilt to a 4 lane divided highway in the near future. The Plat Commission hopes the City will consider these issues in reviewing the development and require a new plat. Sincerely yours, ,zrAo4. --- Gary B. Stevenson Dakota County Surveyor Plat Commission Secretary cc: Tom Colbert, Public Works Director — Sunde Land Surveying Dave Everds, County Highway Engineer Tom Swanson, Permits Technician Bob Worthington, Opus Corporation GHS/vf L�2 AN EQUAL OPPORTUNRY EMPLOYER km 3830 PLOT gJOB ROAD. P.O. BOX 21W9 VC ELS (AGAµ kg"SOTA 55121 Mq> MOPE: (612) 45x8100 bLiDKG6MFSON PAMELA MCOl64 NEODOFE WAC:HHI March 15, 1989 Ca" omwr6m WADWS HBX.'64 a,Adn,YdW GGR Eww OVERM GARY STEVENSON, COUNTY SURVEYOR arm DAKOTA COUNTY SURVEY DEPT 7300 w 147TH ST, SUITE 300 APPLE VALLEY, MN 55124 Dear Mr. Stevenson: On February 15, 1987, the City of Eagan received an application submitted by Opus Corporation requesting a waiver of plat in order to combine and split twenty-six platted lots into two parcels located at the southeast intersection of Lone Oak Road and Neil Armstrong Boulevard. Opus Corporation could obtain a building permit without replatting or going through the waiver of plat process; however, they want to satisfy both City and county concerns relating to this office/warehouse facility as well as their own corporate needs. The public hearing for the waiver of plat has been scheduled for March 28, and if the Advisory Planning Commission takes action, this item will be scheduled for review by the City Council on April 4. As you are aware, this waiver of plat will combine nine lots with frontage on Lone Oak Road into one parcel with a single driveway lining up with Lone Oak Circle to the north.- As proposed, all truck traffic to the twin 150,000 -square -foot office/warehouse buildings will be taken from Neil Armstrong Boulevard. The City of Eagan is also concerned with the development along county roads and, through this waiver of plat process, Opus Corporation has agreed to these platting -related items 1) Opus Corporation will agree to give controlled access to the county along the Lone Oak Road portion adjacent to this waiver of plat except for the access point granted by the access permits. 2) opus Corporation will grant the ten foot right-of-way easement for roadway purposes immediately south of the right- of-way line. 3) Opus Corporation will grant the fifteen foot trailway easement immediately south of the right-of-way easement. 4) The parking lot setback along Lone Oak Road will be thirty- five feet from the right-cf-way �line. THE (ONE OAK TM ... R9 SYMOM OF STREWH AND GROWTH IN OUR OMWALMTY GARY STEMSON MARCH 15, 1989 PAGE TWO 5) The project will be designed so that access to the truck court will be taken from Neil Armstrong Boulevard. Enclosed is a vicinity sap of the Eagandale Industrial Park with the current lot configuration for your review. The Lone Oak Business Center (lots 6 tbrough 13) immediately to the west were combined in a similar manner, with one access point onto Lone Oak Road. The City will continue to provide the county with development - related issues as early as possible in the reviewal process. If I may be of further assistance regarding this project or any other, please feel free to contact me. Sincerely, Jim Sturm City Planner Enclosure JS/mg cc: Vale C. Runkle, Community Development Director Thomas L. Hedges, City Administrator Thomas A. Colbert, Public work Director Mike Foertsch, Assistant City Engineer l� OUTLOT6 $ 5 74 AC.. OUTLOT 5 A 110 Ar: rvTr 1171 C%T A 1 ra rri k ERVICE 4AIL ER VFVS - WAIVt=H Vr FLA I rpt E -Z AIR EXCEVTKMI FARK STANDARD CARSON SHELARD PIRIE WAREHOUSE SCOTT 1'7 AC 1.67 Ac .._. .... 8 1.67 AC 11 HAt; 11 7.M AC 13 12 6 7 8 910 1112 11 ":` YYYYYYYY . as aaa aa�•••+ S VILLAUME LUMBER Oil F ROADWAY EXPRESS 247AC 747F �:'Jt. s 117Ac t5 �g .1. 1 .. 1S2AC 16' v ,7rtAC 17 177 AC Ip AC 177 AC 20 3M 123AC 21 r1A COMPANY Y Y Y Y Y CORPORATE a s a a a a SQUARE I 3 4 5 W 3 00 mz �AAC 2 11 AS AC 1 201 Ac ECONOMICS 11 SAC LABORATORY g EXCEP 36 1 `.35 AC R 14 _ 15 16 THE DONALDSON COMPANY YIYIYI�IYI�IYIRI�IY�I�IYIY 9fIT.2 T4T5T6T'T8T9f°Tf2T MHK eJ 'tlH 1�;10 rKum urum 9-uKr llk l l l l l�l l ii 7i ' 69 Ika lie .. a r mu& uu� � ,Jim IIImmlrm1111111111111111111f1ITII ILII I I I I II 111111111111111111 �L+ILll�ll IlllUllJlllllllllkllli I �I�1lULUUlUlU111WIIiIIIIIHIIIIIIIIWI K PLAT SURVEY FCW CORPORATION rom r� v ti • Lowe oAK LrormRAoa - io734.4i6 F:. F. ROAD ar m -.L Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Merkley moved, Graves seconded, the motion to close the public hearing and approve a conditional use permit to allow retail sales of 3.2 beer in a General Business district located at 4195 Nicols Road in the southwest quarter of Section 190,as requested by Crown Coco, Inc., subject to all applicable Code ordinances and a successful police investigation. CONDITIONAL USE PERMIT/PYLON SIGN/CROWN 0000, Inc. Chairman Pawlenty opened the next public hearing regarding application for a conditional use permit to allow a pylon sign located at 4195 Nicola Road in the southwest quarter of Section the 19. City Planner Jim Sturm introduced the matter to the Commission and stated that proposed condition number 3 should be deleted and the remaining three conditions renumbered. Dave Miller (applicant) stressed that he wanted to be able to compete with Amoco. Mr. Sturm stated a variance would be needed if the proposed sign were to be installed. Mr. Sturm stated that staff could work on the matter for another month and bring it back before the Commission, or the applicant could meet the sign conditions. Member Merkley commented that the Amoco sign was smaller. Chairman Pawlenty noted that he was not inclined to give the variance for the sign unless the need was demonstrated. Member Voracek remarked that the application was not for a variance and that the sign must meet Code. Member Merkley questioned if the matter should be continued. Member Graves questioned if the matter had been properly noticed. The applicant requested approval of the conditional use permit, and the variance request could be submitted later. Voracek moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow a pylon sign located at 4195 Nicole Road in the southwest quarter of Section 19, subject to the following conditions: 1. All applicable Code ordinances shall be adhered to. 2. A maximum height of 27 feet and 125 square feet of signage area per side shall be allowed. 3. The signage shall be limited to 208 of the canopy facade. All voted in favor. WAIVER OF PLAT/OPUS CORPORATION/RAGANDALE CENTER INDUSTRIAL PARR NO. 3 Chairman Pawlenty convened the next public hearing in regard to an application for a waiver of plat in order to combine 26 lots in Eagandale Center Industrial Park No. 3 into two parcels located in Page 3/EAGAN ADVISORY.PLANNING COMMISSION MINUTES March 28, 1989 the southeast corner of Lone Oak Road and Neil Armstrong Boulevard in the northwest quarter of Section 11. City Planner Jim Sturm updated the Commission in regard to the application and informed the Commission that the access issue had been resolved. Bob Worthington (Opus) indicated that Opus had problems with condition number 9 but stated that he would not go into detail at the APC level. Be distributed a Lone Oak brochure. He explained that the Center would be called 'Armstrong Business Center•. He further reviewed the project details and requested the waiver of plat in order to speed construction. He informed the Commission members he was available for their questions. Member Voracek questioned if the driveway expansions and the parking lot were mentioned in the proposed conditions. Assistant City Engineer Mike Foertsch pointed out that they should not be conditions. Member Gorman asked if the building would be something other than prefab concrete. He commented that the surrounding neighbors had quality buildings. Mr. Worthington responded that they would like the architecture to remain the same as previous projects. Member Merkley had concerns regarding proposed conditions number 3 and 4. Chairman Pawlenty questioned the County's access policy. Be stated that he felt the County should not tell the City what the uses should be. Member Graves questioned the formula for the parking requirements. Trygg moved, Merkley seconded, the motion to close the public hearing and approve a waiver of plat to combine 26 lots in Eagandale Center Industrial Park No. 3 into two parcels located in the southeast corner of Lone Oak Road and Neil Armstrong Boulevard in the northwest quarter of Section 11, as requested by Opus Corporation, subject to the following conditions: 1. Opus Corporation will agree to give controlled access to the County along the Lone Oak Road portion adjacent to this waiver of plat except for the access point granted by the access permits. 2. Opus Corporation will grant the 10 foot right-of-way easement for roadway purposes immediately south of the right-of-way line. 3. Opus Corporation will grant the 15 foot trailway easement immediately south of the new 10 foot right-of-way easement. \O Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 4. The parking setback along Lone Oak Road will be 35 feet from the new 10 foot right-of-way easement line. 5-. The project will be designed so that access to the truck port will be taken from Neil Armstrong Boulevard. 6. The newly created parcels shall be combined at the County within 60 days of the waiver of plat approval, with documentation to the City Clerk within 30 days of the recording. 7. All signage shall be subject to the City's one-time sign fee of $2.50 per square foot. 8. The proposal shall be subject to a cash parkland dedication according to the current policy and a 6 foot wide concrete sidewalk be placed along Lone Oak Road. 9. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the waiver of plat dimensions and the rates in effect at the time of the City releasing the waiver of plat for recording. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. The development is subject to further requirements relating to grading, drainage, erosion control, street access, storm sewer, ponding, sanitary sewer, easements and water main as necessitated by the building permit process review by City staff. All voted in favor. KINGSWOOD 3RD ADDITION/HORNE DEVELOPMENT Chairman Pawlenty opened the next public hearing regarding the application for a preliminary plat consisting of 46 single family lots on 28.0 acres located along the west side of Pilot Knob Road in the southeast quarter of Section 16 and the northeast quarter of Section 21. City Planner Jim Sturm summarized the application for the Commission. Be informed the Commission that the staff had concerns regarding the assessment issue. He stated that the outlots should be combined to prevent tax forfeiture. Rollie Crawford (Horne Development) stated that the plat was around the MnDOT ponding area and thus the request for the variance for the cul-de-sac. He stated that most issues would be resolved before the final platting process. He explained the retaining walls �C>�L Agenda Information Memo April 4, 1989 City Council Meeting H. Comprehensive Guide Plan Amendment for Coventry Pass Addition to Change Land Use Designation from IND (Industrial), P (Parks), and D -XI (Mized Residential) to D-iI and P. Rezoning of 122.4 AG Acres to R-1 and a Preliminary Plat Consisting of 240 single Family Lots --A public hearing was held by the Advisory Planning Commission at its regular meeting of February 28, 1989 to consider the comprehensive guide plan amendment, rezoning and preliminary plat as described above for the Coventry Pass Addition located east of Dodd Road and south of Wescott Road. The APC recommended approval of all applications but requested that a dump site located on the property be studied to determine the nature and extent of the materials which were disposed in it. This study was to be completed prior to this matter being forwarded to the City Council for its consideration. This study has been completed and has been reviewed by the departments of Community Development, Public Works and Parks. These departments have indicated that the study has addressed the concerns which were raised and that the materials defined do not pose a hazard to future residents. For additional information in this regard, please refer to the C'no�� e Community Devlo went Department report which is found on pages ;P through For a copy of the Advisory Planning Commissi1on action in thip regard, refer to the minutes enclosed on pages +through i, - The Advisory Parks and Recreation Commission reviewed this matter at its March 2 Commission meeting and recommended a combination of parkland dedication, a cash dedication, partially offset by a parkland credit, responsibility of the developer for parks grading in excess of $8,720.45 and a trailway. ACTION TO BE CONSIDERED ON TSIs ITEM: To approve or deny the comprehensive guide plan amendment, rezoning of 122.4 AG acres to R-1 and a preliminary plat consisting of 240 single family lots as presented. t03 t - - - - ---r--CITY ors imam -r nDZ IPMN ':a�rnrar-r - AWRE RZN/ �EMYIVE w �,, -&LAT# -VARIANCE (CUUMIr PAW •DDXTZ M) APPLICA9Tt FRONTIER COMPASIES/UBITED MRTGMZ LOCATIOEt `M 1/4 BECIMM 24 EBISTIHG EOfMES .J► DATE OF PUBLIC SaARINGt FEBRUARY 28, 1989 - DATE OF RBPORTs FEBRUARY 21, 1989 REPORTED Ers APPLICATION S NKAMrs Separate applications have been submitted requesting a Rezoning of 106.9 AG (Agricultural) acres to an R-1 (Single Family) district and 15.9 acres to PF (Public Facilities) for City parkland and a Preliminary Plat for the Coventry Pass Addition consisting of 225 lots. This large triangular site of 122.4 acres is located east of Dodd Road abutting Inver Grove Heights to the east, the R-1 Country Hollow Additions and General Business zoned Clarke:n ,Place to the south. •1 j• COMPREHENSIVE LAND USE GUIDE PLAN The Eagan Comprehensive Guide Plan In the City's statement of goals, objectives, and policies for guiding future development within the City. The Land Use Plan designates the types and locations of future land use for all property in Eagan. The boundaries of these future land uses are generally located for undeveloped or under -developed parcels. When a specific development project is proposed for such parcels, the locations and boundaries of the land use designations should be refined to reflect appropriate developments. The proposed project includes property designated in the Land use Plan for D -II (Mixed Residential, 0-6 units per acre), P (Parks), and ISD (Industrial): The proposed development contains- 225 single family lots plus a 15 -acre (approx.) park, and would: be consistent with the D -II and P designations. Cowever, the location for the proposed park is different from the area designated for P on the Land Use Plan. As such, the proposed project requires a Comprehensive Plan Amendment within the project boundaries tot 1) change the area designated P to D -II, 2) change portions of the area designated D -II to P. and 3) change the area designated IND to D -II. The amendment changing the land use designation from D -II to P and P to -D-II is basically a relocation of the sage uses within the project -area, rather than a change in lend use types. Likewise, given the current location of the D -II area to the south of the existing IND area, the amendment changing the land 12.- L04 Z. Lu4 use designation from niD to aII is wssentially a refinesent of the land use designation boundaries. iLMROUNDS the original plan was reviewed=6y the Advisory -Manning commission .`an; December 22s:;--4988 and continued for a variety of reasons. One of the most important issues vas the parkland dedication. The ""Comprehensive Plan, as well as the Parks System Plan, recognises the need of -a neighborhood park in that portion of the City. That area was previously illustrated between Dodd Road and the large pond near the center of the site. This revised application proposes to shift the park to the southeast adjacent to Industrial -coned Inver Osove-Ssights and the Clarkson Addition. The City's Parks Department reviewed this site and a conceptual development plan.submitted by the applicant to determine whether the proposed .layout .net the City's. neighborhood parks requirement. =lt did not. Soon after that December meeting, United Mortgage became involved in the project and a new design/engineering firm was brought into the project. The old plan was dropped and anew conceptual plan was submitted for staff review. Planning and Parks departmental staff not with the applicant to review the plan and it was agreed that the Advisory Parks A Recreation Commission would review the concept plan at the January meeting. Ebwever, no specific action regarding the dedication requirements would be allowed. The Parks Commission generally agreed that the revised parkland dedication may meet their park service d'istr'ict requirements. At that meeting, a neighbor brought out the fact that dumping had occurred on the proposed parkland parcel. Thin was an issue that City staff, as well as the applicant, was unaware of. As a result, the Parks "Coamission continued this iter until an Environmental Geotechnical Analysis of the proposed parkland could be obtained. .Braun Engineering has taken several borings within the proposed parkland and confirmed a 100' : 200' buried dump site - approximately 15" deep. This comprehensive review is not complete-, butshould be prior to the Marcs 2nd Parks Commiasion.Oeeting. At a meeting held an February 21, the applicant, and City staff, agreed to place this item on the February 28 APC meeting so the land use question could be resolved While the environmental analysis is being completed. Action by the Advisory Parks i Recreation Commission will be taken only When the Environmental Analysis is completed by Braun Engineering and reviewed by City staff. If the site can be cleaned up to City and NPCA standards, the item will then be scheduled for the next available City Council meeting.. The applicant has agreed in writing to this process.. ExISTIM ODNDITIM/BITE NANs This site consists primarily of open grassland, with scattered oaks near the pond and the farmstead east of the large central pond. The farmstead will remain initially on two lots. The home will need to book up to City utilities immediately since the lot area In below the one acre ainimum R-1 lot size for well and septic systems. The overall site plan is ari improvement over the original plan - most of the double-fronted•lots have been eliminated and the access • Tong Dodd Road has been shifted to the north. -All lots Beet, or exceed, R-1 requirements, 'but some of the lots along Dodd Road `+ will be tough to build on without reducing the setback to -401. This would be similar to 4Nhispering moods Additions -along--Slater Road where no direct access is taken. the lots vary in size from 12,000 square feet to 65;100 square %et' with the largest adjacent to parkland. 'the average size is 15,960 - with a net density texcluding park andiR.O X.) of 2.74 emits/acre. 73. LOCO GRADING/DRAINAGE/SROSIOF•CONTROL*-41he-prelizinary grading -plan tted as a part -5 e application proposed cut and fill areas ranging from 31'-4to 10'. respectively. -Fill of approximately 20'.is proposed 'to be placed over an existing 12" PVC sanitary sewer. 6" mater slain and 12"' storm sewer force main in the southwest corner -of the. development. Staff recommends that the .existing 6" stater main be removed and replaced with- a new line installed at the proper depth. --The other two lines should be tested before and after the fill is placed to check for damage to the.ezisting pipes. The preliminary street grades as shown.on the grading plan seat the City's standards. This development is required to match the existing grades provided in the adjoining Country Hollow development. The grading plan shows slopes steeper than a 3al slope in four areas. If the grading plan cannot be revised to show a 3:1 slope, then retaining wall construction is required. Staff recommends that thegrading plan along the north end of Pond JP -25.3 be revised to show that the pond be excavated to the normal water level. The grading of the lots abutting Dodd Road shall be designed to match the future street grade of the upgraded Dodd Road. Two sets of retaining walls are shown on the grading plan along the east property 'line ranging in height from 2 to 10'. The design of ,the retaining walls will be reviewed by City staff. The development is proposing to convey the site generated, storm water runoff from the north and of the site to Pond JP -56 as per the City's Comprehensive Storm Sewer Plan. The preliminary drainage plan proposes to provide an outlet for Pond JP -56 to Pond JP -23, which also receives storm water runoff from the central portion of .the development. As shown on the drainage plan, Pond JP -23 is required to have a storm sewer outlet draining to Pond JP -24. Pond JP -24, located in the southeastern area of this develop"nt, and Pond JP -25.4 shall have store sewer outlets draining to 'Pond JP -25.3. A majority of Pond JP -25.4 is located on parcel number 010-79, which is currently undeveloped. The development will be required to provide emergency overland outlets from all low areas. Staff recommends that a storm sewer inlet be added in between Lots 17 and 16 of Block 7 on Lantern Lane to collect the runoff water in the backyard swale. The storm sewer inlet shall have sufficient capacity to handle 7 cis. The two existing culverts that.cross Dodd Road north of Birene '.Road collect 'runoff from the northwest side of Dodd POad and -convey it to the southeast -side. staff recommends that storm P sewer lines shall be extended along Dodd Road to collect the ._ runoff from the two existing culverts and vonvey the.._runoff to one of the ponds in the development. A An incomplete erosion and sediment contiol plea was Submitted with the plat application. UTILITIES: "Sanitary sewer service'"of 4*ufficient depth 'nd capac ty is readily available to the southwest corner of the site. An existing 12" PVC sanitary sewer is shown to be utilized ., for connections from two proposed 8" sanitary sewer lines and for connections from services from 9 lots in the southwest corner of the site. An existing 12" PVC sanitary sewer is also available to the site on Prairie Ridge Road in the Country Hollow development. The 12" sewer is -85 feet south property line of the .site and has sufficient capacity and depth. In order to connect to the 12" sewer, the developer will be required to remove 85' of existing 8" sanitary sewer on Prairie Ridge Road that does not have sufficient capacity. An 8" sanitary sewer and 6" water main will also be available for connection on the south property line of the .site when the Country Hollow 2nd Addition development is constructed. According to the utility plan submitted for review, the development will be constructing approximately 3000' of 12" sanitary sewer on the site. The 12" diameter pipe is required in order to handle the flow of the 42 lots in the Hills of Stonebridge development that is shown to be directed into the system draining through this site plus the flow from the undeveloped area to the east in Inver Grove Heights. Water main service of sufficient pressure and capacity is readily available along the south side and west side of the development. The development is proposing to connect to the existing 12' water main on Dodd Road and loop through the development and connect to three existing 6" water main stubs that have been provided by the Country Hollow lot and 2nd Addition developments. The 1988 City water Distribution System Plan shows an 8" trunk water main be installed through this development from the existing 12" water main on Dodd Road to the southeast corner of this development. As shown on the utility plan submitted for review, sanitary sewer and water main stubs shall be provided to parcel number 010-79 in the northeast corner and along the south property line of the parcel. I4- `cR STREETS/A�8/CIBCOLATIOffs •Street aaccess =to -this site -is readily��ab a trom Waa Road on the crest and three streets on the south that circulate through the Country Hollow let and 2nd Additions to Diffley Road.: -This development will improve the access to the Country Hollow development, which has access off Diffley Road in only one location. Temporary cul -de -saes -gill be required on the ends Of all -stub streets. Staff recommends that the developer work with the southeasterly adjacent property owner (parcel numbers 012-76 and 017-76) to determine if street access should be provided to the west half of the parcels from Country View Drive. Due to the steep slopes on the parcels, street access will be difficult to be obtained from the east to T.S. #3. Staff also recommends that the developer work with the southwesterly adjacent property owner (parcel number 010-53) to determine if street access should be extended to the west on Street M. The steep slopes along Dodd Road will make access difficult for this parcel from Dodd Road. The additional traffic generated from this development will accelerate the need for Dodd Road to be upgraded within the next 2-3 years. Dodd Road is currently a rural section roadway is on the Municipal State Aid Street system. EASEMENTS/RIGST-OF-41AYS/PERMITS: The development will be required t— o provide the appropriate ponding easements for all the ponds in this development to the required high water level and storage volume requirements in accordance with the City Comprehensive Storm Sewer Plan. Temporary easements will be required for all of the temporary cul-de-sacs. A 50' half rigbt-of-way is required.for Dodd Road. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency::;: FINANCIAL OBLIGATIONS: A review 'of City records shows the ollow ng current;ng assessment of record: DESCRIPTION Paw. i Storm Sewer Lateral 541 TOTAL PENDING ABSESStg= RATE QUANTITY AMOUNT $1,250/ac 3.5 $4,373 $4,373 The following charges relating to City infrastructure improvements necessary to serve this development are proposed in accordance with present City Policy t82-1: �P�1\ 1b. DESCRIPTION MIN �1NTITY `'�I!lOONT Sanitary Sewer Trunk $655/lot 4 144 $94,320 water Trunk �1,390/ac .i3.9 _$46,782 Stora Sewer Trunk $.O53Jef-._ 501440894 $113,679 Street (Dodd Road) 820/ff 2,608.54 $520171 TOTAL $306,952 All final financial obligations will be calculated in accordance with final plat areas and dimensions and rates in effect at the time of the final plat approval. 1b. I. these standard _ 9ooditions__9f plat approval -as adopted by Council action an September 1'f, 1987 shall be complied with# Al, Bl, 32• 313r.84t • C2. 4:3•,x.'?• -D2• and Z. The existing farmstead shall connect to City utilities. -3. if the farmstead is removed; %a dell and septic system shall be abandoned to NFC 40/City standards. - - 4. A Variance shall be all awd for street R in ancess of 500'. S. Bo direct driveway access auto Dodd Road shall be allawd. 6. 40' setbacks shall be allowed along Dodd load. 7. The development to required to maintain a mmximam depth of 6 feet of cover an the existing water sain in the southwest corner of the development. 8. The development is responsible for any damage which say occur to any existing City public utility line which results from the proposed site grading and development. 9. The development will be required to match the existing street grades provided in the adjoining Country Hollow 'development. 10. The development is required to adhere to the City's maximum 3sl slope criteria. 11. The development is required to submit plans and specifications for the proposed retaining wall construction for staff review and approval. 12. The development is required to provide storm sewer to adequately accommodate the storm water runoff which currently conveyed by the rural ditch section along Dodd Road. 13. The development -will be required to provide esurgeney overland outlets from all low areas. 14. A storm sewer inlet to required between Lots 16 and 17 of Block 7 an Lantern Lane to collect the runoff ester in the backyard *wale. 15. A 50 foot half right-of-way to required for Dodd Road. 16. The development is required to limit post development phosphorus export levels to predevelopment levels. 17. The development is required to provide sanitary sewer, storm sewer, and water wain stubs to all adjacent properties as determined by City staff. sTANDiRD CMDITlM OF PLAT APPROUL A. Assessments 1. This development shall accept its additional assessment obligations as defined in 'the -staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. S. Easements and sigbts-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of.this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead and public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be �(o included in the Development Contract and not released until one year after the date of installation. STANDARD PAGE 2WO S. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements fir• ::- _ - 1. If any public improvements are .to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. P. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 6. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approveds August 25, 1967 September 15, 1967 Revised: LTSi2 STANDARD I * PIONEER Uwe evmeers . W W Pia • Wd Surveyors • Wdwspe Arch twte engineering February 22, 1989 Mr. let Was; Director of Parks Mr. Jim Sturm; City Planner City of Eagan - - 3830 Pilot Knob load Eagan, Minnesota 55122 IM: Coventry Pass Refuge Disposal Site P.E. Jab t 88135.4 Gentlemen: Due to the discovery of a refuge disposal site an the Coventry Pass parcel, United Mortgage is in the process of determining its impacts on the entire development and especially an the proposed park in which the disposal site is located. Braun Environmental Laboratories, has been hired to investigate the disposal site limits and area, whether or not it contains hazardous waste materials, and monitor the ground water for pollutants. As of this date all of the information gathering and testing is not aamplete. ffierefore,.we are requesting that we be removed from the city council agenda, and a continuance be granted so all pertinent data can be collected, analyzed, and a course of action formalized. If the disposal site is evaluated to be hazardous, the removal and clean up will take place under strict rules and guide lines of the Minnesota Pollution Cmtrol'Agency. If the disposal site is inert and non hazardous, Braun Environmental Laboratories have been asked to determine its ability to support park facilities, such as playground equipment, back stops, playing fields etc.. Based on their findings United Mortgage, is prepared to do whatever is necessary to assure the long term useability of the property, as a park facility. We are proceeding as rapidly as possible to complete the testing and provide reports to all concerned. Thank you for your help in this natter. Sincerely, PMNEER ENGIbaMRING, P.A. 00 ker W R. Tauero IW:blh Ill�� 2422 Enterprise Drive • Mendota heights, Min 55120 • (612) 891-1914 low pp IMF 0 CA a t- 9 f 'k�J I If' kT► "6W "'kf- I FIR, =NEW 1; e-. il a Nib d=b ftiture park sHois "m wk db k a ftow" elfaur IV V, WA ACW T7 fle"ll W"v r-li —71 L r 1 0 44 MGM ft on &a wm* rrusr. I I Lftswamiw~816 y tLe woo& nwt d*NVAWS is P4. addNkn mosw IV OWAM ow" &*Aim r-- nk'CEI'�� � N ter• r•—.r 113 t 1 M� wMsaMMr PLO op COVENTRY 'ASS [ADAM, MMM[/MA • 4WIMML PLAN• YIIS� 1\, ••e arm �� • ter. w.--�� t MIA +�ai�iilt it ece:ss----a---- _ ,'L--a � �Y ■ covoi"I PINK � PMSUMIUM RAW �T i iiiifi ,�f// •' f mmw-'mr,t not—, rp_ppu ;=" 3CIC. l.1 ��F-�"_,___._�, I 1i 6-A1 --w11_ _-r� rm ![ i = = t -I= j OOUOAIIr �IiEDWAL MOOM OMM •• _ �s--I�,..R, -�a __...�.. _ EiiE" L�I.�SIiiL4pid'w• 7E N i r' IR r STORM SEWER TRUNK - 2.144,894 SF. sawELMAV" .�.� a 4 12 . ri ' e01�Y11 M�lr ���L MOOII�OIIA� � RR....o dyj o1 r SE ■ it lR��a'a •y.� WATER TRUNK - 33.9 ACRES i rAV aut v / lmw.. 1 r. a� a o1 r SE ■ it lR��a'a •y.� WATER TRUNK - 33.9 ACRES i ' tael��tr �wrer ta'aw�ti�sr+ow� +nm � ! _ .r �� -' . _ i•ba10 Fi•Y.ti\•..•'•..ii� . tafts t i •.r. 41 u tea_ � •;. . �r N las-.e+ct • it W....... SANITARY SEWER TRUNK — 144 LOTS . 1 . -..cam yrrY ` '' I . , 't "I ' �OI�AIM �/Irlt /a1t�IQAL NOOII�OIIA1m � • I wwnar� tart. ... j -...... .�..�. N ,.•Zi—�-.. , lC--.... ' SE to e � .tt AMM`/4�5MM±� t t do Y 1 t— �t;�fPrar _ DODD ROAD — 2808.84 F.F. M. 1 m i•am j�zgo JP -21 Ats • SUBJECT PARCEL FIO 0 1 city of ea sale 0: STORM SEWER +�� a Pueuc t� f: (� W ""s MASTER PLAN OME C -BB * �SUBJECT'PARCEL FIG*2 city cf StWIdWd SAAMTARY SEWER 0: KOUC Lm wonas MASTER -PLAN I Page 4/EAGAN ADVISORY PLANNING COMMISSION MDIOTES February 28, 1989 Chairman Pawlenty asked the Commission if the Commission should approve the rezoning of the property or deny it. Member Voracek stated he felt there seemed to be a hardship situation. He questioned if the terrain was feasible to bring a street to the back. City Planner Jim Sturm stated that stovepipe lots were an option. Mr. Crawford stated that other access options were examined. Be stated that grade problems do exist and that it would be impossible to have normal access for residential purposes. Member Merkley stated that the parcel was rezoned less than one year ago and disagreed with the developer's logic. Mr. Crawford stated that no one carefully looked at the site at the time the parcel was rezoned. Member Graves stated the concept was discussed last year and the Commission felt it was inappropriate then. He stated be did not see any difference and that it should not be upgraded. Mr. Crawford further explained reasons for their request. Member Trygg concurred with Member Graves and stated she felt there was no reason to change the zoning. Member Graves was concerned regarding the loss of trees. Mr. Crawford stated the trees would be going either way. Member Miller stated the area was down zoned at the developer's request. Graves moved, Trygg seconded, the motion to close the public hearing and deny a Comprehensive Guide Plan Amendment changing the land use designation from D -II (Mixed Residential) to Limited Business, a rezoning of 1.4 Agricultural acres to a Limited Business district on Outlot C of the preliminary platted Kingswood 2nd Addition located along the west side of Pilot Knob Road, south of Wescott Road in the northeast quarter of Section 21. All voted in favor. FRONTIER COMPAMIBQ/ MINES Chairman Pawlenty opened the next public hearing regarding the application for a Comprehensive Guide Plan Amendment changing the land use designation from Industrial, Parka, and Mixed Residential to Mi:ed Residential and Parksl a rezoning of 122.4 Agricultural acres to a Single Family district= and consisting of 225 lots located east of Dodd Road and south of Wescott Road in the east half of Section 24. City Planner Jim Sturm summarised the application, explained the problems with the previous proposal and the changes in the present proposal. He informed the Commission that the double fronted lot issue had been resolved. Wayne Tower (Pioneer Engineering) stated the developer had no problems with staff recommendations. Be reviewed the changes from the previous plat and distributed the site plan for the park. In reference to the old dump site, he informed the Commission that the dump would be removed if it were hazardous. Be further explained the Page 5/EAGAN ADVISORY PLANNING CONNISSION NINOTES February 28, 1989 park site and reviewed the site plan as referenced in the staff report. Be described the phases of the development. Chairman Pawlenty asked for the price ranges of the homes. The developer responded the price range would be between $93,000.00 and $100,000.00. Pawlenty reported that the area was designated D -II and that the developer was entitled to certain density. He stated the Commission could not force the developer to build more expensive homes. Stuart Strachaf, Stafford Place, informed the Commission that Frontier had not finished Stafford Place. Be stated he felt there should be no further developments until Frontier's other obligations were fulfilled. He presented a petition to the Commission. Don Klein, Dodd Road, stated that the impending assessments would cause him to break up his property. He had concerns regarding the access and the size of the houses. Tony Thomas, 593 Prairie Circle West, presented a petition to the Commission (Exhibit A attached to the minutes). Be read the petition proposals to the Commission. He had concerns regarding the types of homes. Warren Israelson, Country Hollow developer, was excited about the new lot layout and requested the developer discuss the home sizes. George Kohen, 597 Prairie Circle West, had concerns regarding the impact of single family demographics to the general area. Be provided a copy of the Country Hollow Protective Covenants to the Commission. Beverly Davis, 440 Pennsylvania, stated she was a resident of Stafford Place and requested that Frontier finish their homes. Donald Forester, Stafford Place, asked if the City could stop the construction of the Frontier homes. Be detailed the construction problems with his home and stated he was dissatisfied with Frontier. Leonard Parent, 4000 Dodd, had concerns regarding future development and informed the Commission that he owns the exception piece. City Planner Jim Sturm showed the location of the proposed access to the exception piece. Commissionmember Trygg requested that Frontier respond to the public's complaints. Paul Oakes responded that the major complaint was the sod. Be informed the Commission that all sod would be installed in the t2 k Page 6/EAGAN ADVISORY PLANNING COMMISSION NINUTES February 28, 1989 spring. Member Graves questioned if the residents had been informed. Mr. Oakes stated no. The developer stated that Burnsville was totally sodded. Member Miller questioned if Stafford Place was an issue. The developer stated that the gas into the project was the developer's problem. Chairman Pawlenty asked the developer to respond to Mr. Klein's concerns. Frontier stated it would work with Mr. Klein to solve the problem. Frontier further stated that United Mortgage was the developer, not Frontier. Ron Helmer (United Mortgage) informed the Commission that United Mortgage was the owner and developer. Be stated he felt the plat was a good proposal and that other issues should not be mixed in with the plat proposal. Chairman Pawlenty asked if Blocks 7, 8 and 9 could be developed similar to Country Hollow. The developer responded that it was evaluating the lots. There was much discussion regarding the transitional buffer effect of Blocks 7, 8 and 9. Member Merkley asked Frontier if representatives would meet with the neighbors. The developer responded yes. Member Graves questioned if the City reviewed covenants. City Planner Jim Sturm responded not for single family. Member Voracek questioned the recourse the City would have for defective developments. Mr. Sturm stated that if there was a development agreement, the City may have a recourse. Member Voracek questioned that if the developer were to realign the cul-de-sac to the Klein property, whether Klein would allow the cul-de-sac to terminate on his property. There was further discussion regarding the Klein access. Member Merkley complimented Tower on the new plan. Member Voracek questioned if there was anything in the conditions regarding the dump. Mr. Sturm stated that the matter would not proceed to the Council until the dump study report was completed and the issue was resolved. Be further stated that the applicant bad waived the time limitation. City Attorney Mike Dougherty Frontier complaints, the City was the developer was United Mortgage. stated that in regards to the dealing with separate entities as Member Voracek recommended to the builder that it be more responsive with the Stafford residents. There was much discussion regarding the builder construction problems. Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES February 26, 1989 Member Graves recommended that a meeting be scheduled, prior to the City Council meeting, with the Country Hollow residents and explained to them how Blocks 7, 8 and.9 would be tied into the Country Hollow Addition. Chairman Pawlenty stated it could be added as a condition. City Planner Jim Sturm recommended the addition of standard conditions F-1 and G-1 to the proposed conditions. Chairman Pawlenty summarized the builder problem options and recommended the addition of the condition that the developer inform the Council what transition,method would be used on Blocks 7, 8 and 9. Voracek moved, Trygg seconded, the motion to close the public hearing and amend the Comprehensive Guide Plan changing the land use designation from Industrial, Parks, and Mixed Residential to Mixed Residential and Parks, as submitted by Frontier Companies, for Coventry Pass. All voted in favor. Voracek moved, Graves seconded, the motion to approve the rezoning of 122.4 Agricultural acres to a single family district, in regards to the Coventry Pass development. All voted in favor. Voracek moved, Markley seconded, the motion to approve a preliminary plat consisting of 225 lots located east of Dodd Road and south of Wescott Road in the east one-half of Section 24, as submitted by Frontier Companies - Coventry Pass, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: A1, B1, B2, B3, B41 Cl, C2, C3, C5, D1, E1, F1, and G1. 2. The existing farmstead shall connect to City utilities. 3. If the farmstead is removed, the well and septic system shall be abandoned to WPC 40/City standards. 4. A variance shall be allowed for Street R in excess of 5001. 5. No direct driveway access onto Dodd Road shall be allowed. 6. 40' setbacks shall be allowed along Dodd Road. 7. The development is required to maintain a maximum depth of 8 feet of cover on the existing water main in the southwest corner of the development. S. The development is responsible for any damage which may occur to any existing City public utility line which results from the proposed site grading and development. Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES ? February 28, 1989 9. The development will be required to match the existing street grades provided in the adjoining Country Hollow development. 10. The development in required to adhere to the City's maximum 3:1 slope criteria. 11. The development is required to submit plans and specifications for the proposed retaining wall construction for staff review and approval. 12. The development is required to provide storm sewer to adequately accommodate the storm water runoff which currently is conveyed by the rural ditch section along Dodd Road. 13. The development will be required to provide emergency overland outlets from all low areas. 14. A storm sewer inlet is required between Lots 16 and 17 of Block 7 on Lantern Lane to collect the runoff water in the backyard swale. 15. A 50 foot half right-of-way is required for Dodd Road. 16. The development is required to limit post development phosphorus export levels to predevelopment levels. 17. The development is required to provide sanitary sewer, storm sewer, and water main stubs to all adjacent properties as determined by City staff. 18. The developer shall schedule a meeting with the Country Hollow residents, prior to City Council review, to discuss how Blocks 7, 8 and 9 will be tied into the Country Hollow Addition. 19. The development is required to complete the dump study report and resolve the issues, prior to City Council review. All voted in favor. CONDITIONAL OBH PERNIT/DAVANNI'E/CLIFF LAZE CENTRE AWITIOH Chairman Pawlenty opened the meeting in regard to the application for a conditional use permit to allow on -sale liquor, 3.2 beer and wine in a community shopping center district located on Lot 2, Block 1, Cliff Lake Centre Addition, at the northeast intersection of Cliff Lake Road and Cliff Road in the southwest corner of Section 29. City Planner Jim Sturm presented the application to the Commission. t54 Agenda Information Memo April 4, 1989 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING CITY OF BAGAN X. Comprehensive Guide Plan Amendment, City of Eagan, and a Rezoning of Approzimately 64 R-4 Multiple Acres Within the Lezington south Planned Development to PF (Public Facilities) District Located at the southwest Corner of Diffley and Lexington Avenue --A public hearing was held by the Advisory Planning Commission meeting held on March 28, 1989 to consider a rezoning of 64 acres currently R-4 to public facility zoning to allow for construction of a City reservoir and future athletic field complex. The APC is recommending approval. For additional information on this item, refer to a report prepared by the Department of Community Development enclosed on pages L3(, through . The APC minutes for this item are enclosed on page(s)�. The Parks and Recreation Department is beginning its analysis of the 64 acres as to location of certain parkland facilities. The preliminary parkland use plans will be drawn during the next several months and informational meetings scheduled for later in the fall with surrounding property owners. The reservoir site has been located which is on the north side of the property somewhat adjacent to Lexington Way and Diffley Road. The reservoir construction will begin in the next several weeks. Once plans have been reviewed by the Parks and Recreation Commission informational meetings with the neighbors, a final parkland use plan will be brought back to City Council late this fall and construction will begin in 1990/1991. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and rezoning from R-4 multiple to public facility for 64 acres from land recently acquired from the Department of Housing and Urban Development, southwest of the Diffley Road and Lexington Avenue intersection. , I 3 - -�-- ------- Y---CITY-4F-SAGAtiI _,-------- — SUBJECTs -COMPRE®TSIVE -WIDE -PLAN �• "1MtEMMU NT, yARZONING APPLICANT: CITr OF MAN -LOCATIONS -NAI 1/4 SECTION 26 -% NE 1/4 -SECTION 27 EXISTING ZONINGS - cAIWLTIKA)..� - _ DATE OF PUBLIC ffiJ1RI9GS AIABCH 38,"19®9~ DATE OF REPORT: MARCH 22, 1989 — - REPORTED BYs -DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION SUNKARrs -The City -of Eagan recently acquired from HUD approximately 64 R-4 (Multiple) zoned acres -within the Lexington South Planned Development. At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to rezone the property to a Public Facilities district to allow a City reservoir and athletic field complex. Currently, this parcel consists primarily of open flat grassland and is generally well-suited for its proposed use. The site does fall rapidly along the west and southwestern property lines towards the Wilderness Park Addition and Caponi property. Adequate buffering between these two different adjacent land uses should be incorporated into the development plans. COMPREHENSIVE PLANS The subject site is designated as D -III (Mixed Residential, 6-12 units per acre) in the Comprehensive Land Use Guide Plan. Development of the site for park uses would therefore require a Comprehensive Plan amendment to change this land use designation to P (Parks). A P designation should be generally compatible with the adjacent LB (Limited Business), D -I (Single Family), D -III (Mixed Residential, 6-12 units per acre) and CPD (Commercial Planned Development) designations. 36 I; • � e Cl Nlllu� �� p �I II�:`m��r �. ro, •iu,� J V �. Page 16/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 and Gorman agreed. Member Graves stated he had no problem with a gas station at the proposed location. Joe Christensen informed the Commission there were no specific plans for the Duckwood overpass. He stated there would be no problem with the traffic and felt a potentiality was being discussed. Be stated it was a specific proposal for the situation as it exists. He remarked that the property to the south has commercial uses. Chairman Pawlenty polled the Commission in regards to the use. The developer requested a continuance to enable them to work with the staff. City Planner Jim Sturm stated the matter should be reviewed and the applications revised and the matter would be brought back before the Advisory Planning Commission as old business. Miller moved, Voracek seconded, the motion to close the public hearing and continue the matter regarding a Comprehensive Guide Plan amendment, a rezoning, a preliminary plat and a conditional use permit as requested by Phillips 66 Company for the Phillips 66 First Addition. All voted in favor. Member Voracek requested a review be conducted of the access. He also stated that staff should review the triangular parcel. CITY OF EAGAH/LEXINGTON SOUTH PLANNED DEVELOPMENT/RESERVOIR Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 64 multiple acres within the Lexington South Planned Development to Public Facilities district located at the southwest corner of Diffley Road and Lexington Avenue in the northwest quarter of Section 26 and the northeast quarter of Section 27. City Planner Jim Sturm introduced the matter to the Commission. Member Graves questioned how the farm properties would obtain access. City Attorney Mike Dougherty stated that the farm had an easement. Miller moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 64 R-4 (Multiple) acres within the Lexington South Planned Development to PF (Public Facilities) district located at the southwest corner of Diffley Road and Lexington Avenue in the northwest quarter of Section 26 and the northeast quarter of Section 27. All voted in favor. I ;5 Agenda Information Memo April 4, 1989 City Council Meeting J. Comprehensive Guide Plan Amendment, City of Eagan, and a Rezoning of Approzimateiy 7.4 R-3 Acres within the Lazington South Planned Development to an R-1 District Located in the NE 1/4 of Section 26--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider the rezoning of 7.4 acres of R-3 zoning to R-1 that was recently acquired from HUD. The APC. is recommending approval. For additional information on �t�h-r�i.,O s item, refer t the staff report, J a copy is enclosed on pages through nL!— The APC minutes for this item are included on page(s). ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and a rezoning of 7.4 acres from R-3 to R-1 within the Lexington South Planned Development. ✓F� 2W., x-1r-�— _ ZUBJECTs IPBBUSIVE - -WIDz . _:PI.AN - AHZEDM NT, — SONWG- - APPLICANTS-CI'1'F-W-ZWAN - --- _ - IA)MIONS BM 1/4 $zCTION'26 _ EXISTING-SONIHGs !-3 XTOWMHOU68)! DATE OF PUBLIC BSARIBGs DATE OF REPORTs -MARCH-22, 3989 REPORTED Nrs DEPARTMzmT OF COMMON w DzvzAp![m - - - APPLICATION SUNKARYS The City of Eagan recently acquired from HUD approximately 7.4 R-3 (Townhouse) zoned acres within the Lexington South Planned Development. At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to rezone the property to an R-1 (Single Family) district. The site is relatively flat and wooded with some mature hardwood trees, as well as secondary deciduous growth. This area is well- suited for single family homes and the trees would provide a nice buffer to Diffley Road and the commercial property to the west. COMPREHENSIVE PLAN: The subject site is currently designated CPD (Commercial Planned Development) in the Comprehensive Land Use Guide Plan. The proposed rezoning of this property to R-1 (Single Family) would require a Comprehensive Plan amendment to change the land use designation to D-1 (Single Family, 0-3 units per acre) for consistency between the Comprehensive Plan and zoning designations. A D -I designation would be generally compatible with the adjacent PF (Public Facility), D -II (Mixed Residential, 0-6 units per acre) and D -I designations to the north, east and south. Adequate buffering between the CPD (Commercial Planned Development) designated parcels to the west would be necessary to assure appropriate transitions between these land uses. I k�Z) VIN I I� �w 0 if fir, 4 13 ,I 'j; Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF SAGAH/LBEIPGTON SOUTH PLANNED DEVELOPMM/HORTaEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LE%INGTON SOUTH PLANNED DEVELOPMENT/SOUTH RALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves peconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF EAGAM/LEEINGTON SOUTH PLANNED DEVELOPMENT/SOUTMEST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. 41 Agenda Information Memo April 4, 1989 City Council Meeting .1. e • _ 1_ : c -L-11-4 —dam 4, c K. Comprehensive Guide Plan Amendment, City of Ragan, and a Rezoning of Approximately 10.9 R-2 Acres Within the Lazington South Planned Development to an R-1 District Located Along the Borth Side of Wilderness Run Road and East of Walnut Rill Part[ --The APC held a public hearing at their last meeting of March 28, 1989 to consider a comprehensive guide plan amendment and rezoning of 10.9 acres within the Lexington South Planned Development to an R-1 district which was recently acquired from HUD by the City. The APC is recommending approval. Enclosed on pages ( 4 T through 11 1 is a copy of the staff report. The APC minutes for this item are included on page(s) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and a rezoning of 10.9 acres located adjacent to Walnut Hill Park and Wilderness Run Road. (4.3 _ __SUBJECT: _12SONING _ . - APPLICANTe +.CITr OF Eke" r LOCATION: 8 112 ONCT16B 26'. �- EXISTING SONINGs R-2 _OdPLEX) _ DATE OF PUBLIC HEARIBGe -_MARCH :-2B, 4989. DATE OF RETORT: .IL%RCH 22, .1989 REPORTED BYs -DEPARTMENT OF COMMUNITr DEVELOPMENT APPLICATION SUMMARY: At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to allow the sale of 10.9 R-2 (Duplex) acres as an R-1 district, thus requiring zoning to a Single Family district. This site is situated between portions of Walnut Hill Park on the .north side of Wilderness Run Road. Upon more detailed review, a Comprehensive Guide Plan amendment is not necessary. This site is heavily -wooded and falls rapidly from the hill to the north and Wilderness Run Road to a ravine between the two. Any residential development on this site would need to be very sensitively done to retain the existing character. COMPREHENSIVE PLAN: The subject site is currently designated D -I (Single Family, 0-3 units per acre) in the Comprehensive Land Use Guide Plan. The proposed rezoning of this property to R-1 (Single Family) is consistent with this designation; therefore a Comprehensive Plan amendment is unnecessary.. 17 1 ---,_ 0 „Y.... m...,,77 �• 111 P�, ,>�n noon L.I� 11� qn n ,!' G Ilia Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF SAGAN/LSBIHGTOR SOUTH PLANNED DSVELOPM6NT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF SAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/SOUTH HALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF RAGAN/LESINGTON SOUTH PLANNED DEVELOPMENT/SOUTHKEST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. Agenda Information Memo April 4, 1989 City Council Meeting L. Comprehensive guide Plan Amendment, City of Sagan, and a Rezoning of Approximately i.s multiple Acres Within the Lexington South Planned Development to LB (Limited Business) Located North of Diffley Road and West of Lexington Avenue --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a request by the City to rezone 1.5 acres R-4 to LB (Limited Business) of property that is no longer required as a reservoir site given the recent acquisition of the HUD parcel. This property is located adjacent to the Soderholm parcel that is proposed as a LB development. The APC is recommending approval. For additional information on this item, refe to the staff report, a copy is enclosed on pages Al'a through M. The APC minutes for this item are included on page(s) 0 " Q . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the comprehensive guide plan and rezoning of 1.5 acres of R-4 to LB which will allow the City to declare the property surplus and sell to the adjacent property owner at a fair market value. - SUBJECTs OOMPRIBEWIVE GUIDE -PLAN -: MBM[BNT. - -_-=-'RZSoNIZa APPLICANTi CITr OF EA4AN - — - _- LOCATION: 8 1/4 SECTION 23 -- E%ISTING SoNINGs R-4 (MULTIPLE)'"' -- -r -_ DATE OF PUBLIC HZRRINGs ,_JVACH 28#4989 ---- DATE OF REPORT: LARCH 22, 1989 APPLICATION SUMARYs At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to allow the potential sale of approximately 1.5 R-4 (Multiple) zoned acres to a LB (Limited Business) district, thus requiring a Rezoning. This site currently holds a City well facility, however, that uses only needs a small portion of this site. This site is located along Lexington Avenue, just north of Diffley Road. There is no vegetation of significance on this flat site. COMPREHENSIVE PLAN: The subject site is designated D -I (Single Family, 0-3 units per acre) in the Comprehensive Land Use Guide Plan. Development of the site with Limited Business uses would therefore require a Comprehensive Plan amendment. This LB designation would be generally compatible with the adjacent D -III (Mixed Residential, 6-12 units per acre) and PF (Public Facility) uses on the east and south. However, adequate buffering of this site from the adjacent D -I uses to the north and west is needed to provide appropriate transitions between these land uses. �- 8 �1L - I '�'�� 'M�3.1 1 Mal �� Ca��ir Imo. ,�' �e ♦1111 1 � _/�_ �. /�j� � �_ Oc G�11111i'��1=.��� 1• -`'!ill . •11otl7 �I _ n umw Ir/ ly q I �i � Off �1: NL�� � 11� • Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF EAGAN/LEXINGTON SOUTH PZJMRD DEVELOPMENT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/SOUTH HALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves Seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/SOUTMfEST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. Page 18/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 City Planner Jim Sturm summarized the application for the Commission. City Attorney Mike Dougherty informed the Commission that Members Voracek and Trygg should amend their motion in regard to the Soderholm Addition and add a condition number 15 stating that the City properties must be purchased. Voracek moved, Trygg seconded, the motion to add condition 15 tc the Soderholm Addition conditions for the preliminary plat stating that the Soderholm Addition must purchase the City of Eagan property. All voted in favor. Trygg moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 R-4 (Multiple) acres within the Lexington South Planned Development to LB (Limited Business) located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. All voted in favor. ADJOURNMENT Miller moved, Voracek seconded, the motion to adjourn the meeting of the March 28, 1989, Advisory Planning Commission at 11:45 p.m. All voted in favor. S j- -------retary--------a -Eag---------n A------- ecdvisory Planning Commission `E l Agenda Information Memo April 4, 1989 City Council Meeting a. comprehensive Guide Pian Amendment for Coventry Pass Addition to Change Land Use Designation from IND (industrial), P (Parks), and D -ii (Nixed Residential) to D -ii and P, Resoning of 122.4 AG Acres to R-1 and a Preliminary Plat Consisting of 240 Single Family Lots --A public hearing was held by the Advisory Planning Commission at its regular meeting of February 28, 1989 to consider the comprehensive guide plan amendment, rezoning and preliminary plat as described above for the Coventry Pass Addition located east of Dodd Road and south of Wescott Road. The APC recommended approval of all applications but requested that a dump site located on the property be studied to determine the nature and extent of the materials which were disposed in it. This study was to be completed prior to this matter being forwarded to the City Council for its consideration. This study has been completed and has been reviewed by the departments of Community Development, Public Works and Parks. These departments have indicated that the study has addressed the concerns which were raised and that the materials defined do not pose a hazard to future residents. For additional information in this regard, please refer to the Community1^Develo went Department report which is found on pages L� 4 through �. For a copy of the Advisory Planning Commission action in thJA regard, refer to the minutes enclosed on pages + through The Advisory Parks and Recreation Commission reviewed this matter at its March 2 Commission meeting and recommended a combination of parkland dedication, a cash dedication, partially offset by a parkland credit, responsibility of the developer for parks grading in excess of $8,720.45 and a trailway. ACTION TO BE CONSIDERED ON THIS ITEMS To approve or deny the comprehensive guide plan amendment, rezoning of 122.4 AG acres to R-1 and a preliminary plat consisting of 240 single family lots as presented. to - - - - --•-f dTY ar A&GA i - • +r- r"T'ter+ - foam =$ MWR IVE —4071010 IOP -sum -•r UMMNE Tf, r'r-INUANC8 APPLICANTs FRONTIER COMPANIEB/UNIMM MORTGAGE LDCATIOWs —M 1/4 RIC22M 24 EEZBTffi3 205104E —A DATE OF PUBLIC BEARI Gx PEBRUARY'28, 1989 DATE OF REPORTs PEBRUARr 21, 1989 EY1. I147Y , .• ,_")IF M APPLICATION SUMMAMrs Separate applications have been submitted requesting a Rezoning of 106.9 AG (Agricultural) acres to an R-1 (Single Family) district and 15.9 acres to PF (Public Facilities) for City parkland and a Preliminary Plat for the aoventry Pass Addition consisting of 225 lots. This large triangular site of 122.4 acres is located east of Dodd Road abutting Inver Grove Heights to the east, the R-1 Country Hollow Additions and General Business zoned Clarksun Place to the south. CONPREHENSIVE LAND USE GUIDE PIM The Eagan Comprehensive Guide Plan In the City's statement of goals, objectives, and policies for guiding future development within the City. The Land Use Plan designates the types and locations of future land use for all property in Eagan. The boundaries of these future land uses are generally located for undeveloped -or under -developed parcels. When a specific development project is proposed for such parcels, the locations and boundaries of the land use designations should be refined to reflect appropriate developments. The proposed project includes property designated in the Land Use Plan for D -II (Mixed Residential, 0-6 units per acre), P (Parks), and IND (Industrial): The proposed development contains.. 225 single family lots plus a 15 -acre (approx.) park, and would: be consistent with the D -II and P designations. However, the location for the proposed park is different from the area designated for P on the Land Use Plan. As such, the proposed project requires a Comprehensive Plan Amendment within the project boundaries to: 1) change the area designated P to D -II, 2) change portions of the area designated D -II to P, and 3) change the area designated IND to D -II. The amendment changing the land use designation from D -II to P and P to D -II is basically a relocation of the same uses within the project .area, rather tban a change in land use types. Likewise, given the current location of the D -II area to the south of the existing IND area, the amendment changing the land J L• L04 use designation from IND to SII is essentially a refinement of the land use designation boundaries. -JL%MRWM& '1'be 4Wigigal pian Was reviewed =by the Advisory -Taming Commission :an. December 12, =4988 and continued for a variety of reasons. _-One of the ooit important issues was the parkland dedication. The _'Comprehensive Plan, as well as the Parks System Plan, recognizes the need of a neigbborhood park in that portion of the City. That area was previously illustrated between Dodd Road and the large pond near the center of the site. This revised application proposes to shift the park to the southeast adjacent to Industrial-soned Inver Prove :weights and the Clarkson Addition. The City's'Parks Department reviewed this site and a conceptual development plan submitted by the applicant to determine whether the proposed .layout .mist the City's neighborhood parks requirement. `It did not. Soon after that December meeting, United Mortgage became involved in the project and a new design/engineering firm was brought into the project. The old plan was dropped and a new conceptual plan was submitted for staff review. Flaming and Parks departmental staff met with the applicant to review the plan and it was agreed that the Advisory Parks i Recreation Commission would review the concept plan at the January meeting. Eowever, no specific action regarding the dedication requirements would be allowed. The Parks Commission generally agreed that the revised parkland dedication may meet their park service district requirements. At that meeting, a neighbor brought out the fact that dumping had occurred on 'the proposed parkland parcel. this was an issue that City staff, as well as the applicant, was unaware of. As a result, the Parks Commission continued this item until an Environmental Geotechnical Analysis of the proposed parkland could be obtained. Braun Engineering has taken several borings within the proposed parkland and confirmed a 100' z 200' buried dump site - approximately 15' deep. This comprehensive review is not complete, but should be prior to the !larch 2nd Parks Commission meeting. At a meeting held an February 21, the applicant, and City staff, agreed to place this item on the February 28 APC meeting so the land use question could be resolved while the environmental analysis is being completed. Action by the Advisory Parks a Recreation Commission will be taken only when the Environmental Analysis is completed by Braun Engineering and reviewed by (City staff. If the site can be cleaned up to City and MPCA standards, the item will then be scheduled for the net available City Council meeting. The applicant has agreed in writing to this process. EXISTIMG COMDITIOEB/BITE FL Nis This site consists primarily of open grassland, with scattered oaks near the pond and the farmstead east of the large central pond. The farmstead will remain initially on two lots. The home will need to hook up to City utilities immediately since the lot area is below the one acre minimum R-1 lot size for well and septic systems. The overall site plan is an improvement over the original plan - most of the double -fronted lots have been eliminated and the access to J -along Dodd Road has been shifted to the north. -all lots meet, or exceed, R-1 requirements, -but some of the lots along Dodd Mond will be tough to build on without reducing the setback to 401. This would be similar to -11hispering floods #ddit400ms -along --Slater Road where mo direct access is taken. 'Mho lots vary in also from 12,000 square feet to 65;100 square -gset� with the largest adjacent to parkland. The average size is 15.960 - with a net density texcluding park and S.O.M.1 of 2.74 snits/acre. 13. �0(a ="IW/DRAINAGB/SROSIOR COHTIbDLs --The preliminary grading -plan sub tted as a part or Mrs application proposed cut and fill areas ranging from 31'-4to 10'. respectively. V _ _- " uh Fill of approximately 10' to proposed to be placed over an -existing 12" PVC sanitary sever. G" water satin and 12" storm sewer force main in the southwest corner `Of the development. Staff recommends that the existing G" water main be removed and replaced with a new line installed at the proper depth. --Vhe other two lines should be tested before and after the fill is placed to check for damage to the existing pipes. The preliminary street grades as dhown on the grading plan meet the City's standards. This development is required to match the existing grades provided in the adjoining Country Hollow development. The grading plan shows slopes steeper than a 3:1 slope in four areas. If the grading plan cannot be revised to show a 3:1 slope, then retaining wall construction in required. Staff recommends that the grading plan along the north end of Pond JP -25.3 be revised to show that the pond be excavated to the normal water level. The grading of the lots abutting Dodd Road shall be designed to match the future street grade of the upgraded Dodd Road. Two sets of retaining walls are shown on the grading plan along the east property line ranging in height from 2 to 10'. The design of the retaining walls will be reviewed by City staff. The development is proposing to convey the site generated storm water runoff from the north and of the site to Pond JP -56 as per the City's Comprehensive Storm Sewer Plan. The preliminary drainage pian proposes to provide an outlet for Pond JP -56 to Pond JP -23, which also receives storm water runoff from the central portion of the development. As shown on the drainage plan, Pond JP -23 is required to have a storm sewer outlet draining to Pond JP -24. Pond JP -24, located in the southeastern area of this developmint, and Pond JP -25.4 shall have storm sewer outlets draining to Pond JP -25.3. A majority of Pond JP -25.4 is located on parcel number 010-79, which is currently undeveloped. The development will be required to provide emergency overland outlets from all low areas. Staff recommends that a storm sewer inlet be added in between Lots 17 and 16 of Block 7 on Lantern Lane to collect the runoff water in the backyard Swale. The storm sewer inlet shall have sufficient capacity to handle 7 efs. `l7rl ' The two existing culverts that crone Dodd Road north of Blrene =.]bad collect runoff from the northwest side of Dodd Road and convey it to the southeast side. -Staff recommends chat satora sewer lines shall be extended alang Dodd Road to collect the _ runoff from the two existing culverts. and convey the .,Nunoff to _. one of the ponds in the development. -An incomplete erosion and sediment contiol plan 4ias Aabmitted with the plat application. UTILITIES: "Sanitary sewer service f �Iufficient depth and capac this readily available to the southwest corner of the site. An existing 12" PVC sanitary sewer is shown to be utilized } for connections from two proposed 8" sanitary sewer lines and for connections from services from 9 lots in the southwest corner of the site. An existing 12" PVC sanitary sewer in also available to the site on Prairie Ridge Road in the Country Hollow development. The 12" sewer is -85 feet south property line of the .site and has sufficient capacity and depth. In order to connect to the 12" sewer, the developer will be required to remove 85' of existing 8" sanitary sewer on Prairie Ridge Road that does not have sufficient capacity. An 8" sanitary sewer and 6" water main will also be available for connection on the south property line of the .site when the Country Hollow 2nd Addition development is constructed. According to the utility plan submitted for review, the development will be constructing approximately 3000' of 12" sanitary sewer on the site. The 12" diameter pipe is required in order to handle the flow of the 42 lots in the Hills of Stonebridge development that is shown to be directed into the system draining through this site plus the flow from the undeveloped area to the east in Inver Grove Heights. Nater main service of sufficient pressure and capacity is readily available along the south side and west side of the development. The development is proposing to connect to the existing 12" water main on Dodd Road and loop through the development and connect to three existing 6" water lain stubs that have been provided by the Country Hollow 1st and 2nd Addition developments. The 1988 City Nater Distribution System Plan shows an 8" trunk water main be installed through this development from the existing 12" water main on Dodd Road to the southeast corner of this development. As shown on the utility plan submitted for review, sanitary sewer and water main stubs shall be provided to parcel number 010-79 in the northeast corner and along the south property line of the parcel. 74• `oq 8TR88'1's/ACCEBs/CIRCULATION: Street access =to -this mite is red ly ava abs Cron Road on the most and three streets on the south that circulate through the Country Hollow lot and 2nd Additions to Diffley Road. -Whim development will improve the access to the Country Hollow development, _.which has access off Diffiey Road in only one location. Temporary cul -de -saes will be required en the ends of all -stub streets. Staff recommends that the developer work with the southeasterly adjacent property owner (parcel numbers 012-76 and 017-76) to determine if street access should be provided to the west half of the parcels from Country View Drive. Due to the steep slopes on the parcels, street access will be difficult to be obtained from the east to T.H. #3. Staff also recommends that the developer work with the southwesterly adjacent property owner (parcel number 010-53) to determine if street access should be extended to the west on Street M. The steep slopes along Dodd Road will make access difficult for this parcel from Dodd Road. The additional traffic generated from this development will accelerate the need for Dodd Road to be upgraded within the next 2-3 years. Dodd Road is currently a rural section roadway is on the Municipal State Aid Street system. EASEMENTS/RIGHT-OF NAYS/PERMITS: The development will be re:au4 " to provide the appropriate ponding easements for all the ponds in this development to the required high water level and storage volume requiresente in accordance with the City Comprehensive Storm Sewer Plan. Temporary easements will be required for all of the temporary cul-de-sacs. A 50' half right-of-way is required.for Dodd Road. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected.agency::; FINANCIAL OBLIGATIONSs A review of City records shows the 'following current pending assessment of records DESCRIPTION PROJ. # RATE QUANTITY AMOUNT Storm Sewer Lateral 541 $1,250/ac 3.5 $4,373 TOTAL PENDING ASSESSMENT $4,373 The following charges relating to City infrastructure improvements necessary to serve this development are proposed in accordance with present City Policy #82-1: 1b. DESCRIPTION JLRTS =�m►HTITY alIOZ1HT Sanitary Sewer Trunk $655/lot -144 $94,320 Water Trunk $1,390/aC .i3.9 .$46,782 Storm Sewer Trunk S.053/of _ -2,144,994 $113,679 Street (Dodd Road) -$20/ff 2,608.54 $52,171 TOTAL $306,952 All final financial obligations will be calculated in accordance with final plat areas and dimensions and rates in effect at the time of the final plat approval. 1b. 1. These ,standard _ conditions --- �of plat approval as adopted by Council action an September 1S, 1987 shall be complied withs al, 81, s2, 23 _04t Tl• C2, C3,A9, "D1, and sl.r ._---- Z. The existing farmstead small ocmnect to City utilities. '3. If the farmstead is removed; 9; an laud otic rites small 40 be abandoned to NPC a y standards. - 4. D Variance shall be aliowsd for Street K in sseess of 5001. S. Bo direct driveway seeus auto Dodd Road shall be allowed. G. 40' setbacks shall be allowed along Dodd Doad. 7. The development is required to maintain a maximum depth of 6 feet of cover on the existing water main in the southwest. corner of the development. S. The development In responsible for any damage Which say occur to any existing City public Utility line Which results from the proposed site grading and development. 9. The development will be required to match the existing street grades provided in the adjoining Country Hollow development. 30. The development is required to adhere to the City's maximum 3:1 slope criteria. 11. The development is required to submit plans and specifications for the proposed retaining wall construction for staff review and approval. 12. The development is required to provide storm sewer to adequately accommodate the storm water runoff Which currently conveyed by the rural ditch section along Dodd Road. 13. The development *will be required to provide emergency overland outlets from all low areas. 14. A storm sewer Inlet is required between Lots 16 and 17 of Block 7 an Lantern Lane to collect the runoff water In the backyard Swale. 15. A 50 foot half right-of-way is required for Dodd Rood. 16. The development is required to limit post development phosphorus export levels to predevelopment levels. 17. The development is required to provide sanitary sewer, storm sewer, and water lain stubs to all adjacent properties as determined by City staff. y STANDARD CMDITIM Or PLAT APP20VAL A. Assessments 1. This development shall accept Its additional assessment obligations as defined in'!be-ztaff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. a. Easements and Eigbts-of-fty 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of.this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead and public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. <t -�-- 1(0• STANDARD CONDITIONS OF PLAT APPPOPJIL PAGE TW 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. -Public Improvements 1. If any public improvements are.to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. P. Park■ Dedication 1. This development shall fulfuil its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTSi2 STANDARD I * PIONEER ow Encbmwo • Land Ftnne,a • Land s, • Landscape aatrteot. * engineering February 22, 1989 Mr. Ren Mast Director of Parks Mr. Jim Sturm; City Planner City of Wagon - - 3830 Pilot Knob Road .Sagan, Minnesota 55122 BE: Coventry Pass 10efuge Disposal Site P.E. Jab t 88135.4 Gentlemen: Due to the discovery of a refuge disposal site on the Coventry Pass parcel, United Mortgage is in the process of determining its impacts an the entire development and especially an the proposed park in which the disposal site is located. Braun Environmental Laboratories, has been hired to investigate the disposal site limits and area, whether or not it contains hazardous waste materials, and monitor the ground water for pollutants. As of this date all of the information gathering and testing is not complete. Therefore, we are requesting that we be removed from the city council agenda, and a continuance be granted so all pertinent data can be collected, analyzed, and a course of action formalized. If the disposal.site is evaluated to be baaardous, the removal and clean up will take place under strict rules and guide lines of the Minnesota Pollution Control Agency. If the disposal site is inert and non hazardous, Braun Environmental Laboratories have been asked to determine its ability to support park facilities, such as playground equipment, back stops, playing fields etc.. Based an their findings United Mortgage, is prepared to do whatever is necessary to assure the long term useability of the property, as a park facility. We are proceeding as rapidly as possible to complete the testing and provide reports to all concerned. Thank you for your help in this natter. Sincerely, PIONEER ENGINEERING, P.A. NRN R. TBuer MU: blh 2422 Enterprise Drive Mendota Heights. � � Mlnisots 55120 • (612) 681-1914 i +.' 739 • Y::7'� N� �P77 4 y� uEld Off0. fl! ,LorI WIM a, 1-112 . & . IM A*" ow" 14 am" UNUP" CA n MINI W6• ; 2M ;011: 11111 69 VX -P 2L '4-9, aw G. W vimanom" . - irf7174M.r•,,.M7Mw i I, ; 4=mss` = - 't —i. :;':.':' •�:�'' is )Jim J-1 Cho OAF" MITCJ 0 V, Nvw 14"41A.'' itj,t�t, wfl,l r - itk CEl'�� r tgg8 r rr �. �r1A•Y MEN m..— Y we �—I op wIaSSp1.IR a COVENTRY NA!! [ADAM. MINNESOTA w r �m �� : ti9ttt#;itl�l ems: 'rs i ti �"� ooveMm+r Mss �� PFMU W lw 3 a Q 9 r �;Iltllll�.� 'j'•'' I�Ill�ltlu�l�ll l��illlllllllll �;Iltllll�.� 'j'•'' i 1pi�_� ts�III:S:r Yom- G FI� P 1 y • ommv rmli mmL ■10011/011A� ec,ofte ri:i..4•` i ' . i �_ Mxrr�R•s�•-; ` CSS ,'• r STORM SEWER TRUNK — 2.144,894 l�F. ..:..: t ec,ofte ri:i..4•` i ' . i Mxrr�R•s�•-; ` CSS ,'• r STORM SEWER TRUNK — 2.144,894 l�F. ..:..: t ., SeuaMr GWWWV Mss -L DOOMOUTM j s�s. +,•. Ef�t�..li�ii�er� R. SE • i WATER TRUNK - 33.9 ACRES ' t I I f3Y �` jI.S�♦,? A 88W� MoiMIQAL WOOM RATM f —ice g1�{j�'IfYYSR'{m`• "tab. 61L low �a ;':� SANITARY SEWER TRUNK - 144 LOTS. E�6�S.�Li7[iti.— � � J tow low �a ;':� SANITARY SEWER TRUNK - 144 LOTS. E�6�S.�Li7[iti.— 0 . q�,-. 1tMI1•- • I rw�s� Rttiei6TGf�.ffi!��!• f ' • M-•0 • low . EM, �f. t4C 1 �iG. �trte�•_ SEr M _ �� 1 aMe�wa7ra Y'� � `yam � _ � � I � 'M '• � MAM• f �. = � 71r'•� •�� ���_�— � ail E r��~� • t HOMESPip ' _ DODD ROAD - 2808.84 F.F. -s z a #a" 1 Ism MOM Is -ex Ax JP -al Ls -17 i1 .323 _s OP -25 BQ I `�+• l • 4• J _ �.` i •upf011S MO • l 287-*= Lam.; 0---... momSEi- DDLE I 51 P 50 964Y �3 �•+- ���lll r `mmm". f �_ 5 ;ARK I j �� t 4:s u L 1 2 • SUBJECT PARCEL - f10�1 city o uc STORM KWER OFAS MASTER PLAN OF .--ILJ •-� . , � :�� -- — i •_� .: _. r w �-1 amu'! AUMTo.•t suet «s- Al ! C -BB SUBJECT PARCEL F1602 city o�� SA�LITANY SEW=W"rAd:w'orxs MASTER?LA of -, � ; •,fir. ���?:.�tiq/�� 7! {FIJI A c IZu -In iSZs 7.t- Page 4/EAGAN ADVISORY PLANNING COMMISSION MII1DTZS February 28, 1989 Chairman Pawlenty asked the Commission if the Commission should approve the rezoning of the property or deny it. Member Voracek stated he felt there seemed to be a hardship situation. Be questioned If the terrain was feasible to bring a street to the back. City Planner Jim Sturm stated that stovepipe lots were an option. Mr. Crawford stated that other access options were examined. Be stated that grade problems do exist and that it would be impossible to have normal access for residential purposes. Member Merkley stated that the parcel was rezoned less than one year ago and disagreed with the developer's logic. Mr. Crawford stated that no one carefully looked at the site at the time the parcel was rezoned. Member Graves stated the concept was discussed last year and the Commission felt it was inappropriate then. Be stated he did not see any difference and that it should not be upgraded. Mr. Crawford further explained reasons for their request. Member Trygg concurred with Member Graves and stated she felt there was no reason to change the zoning. Member Graves was concerned regarding the loss of trees. Mr. Crawford stated the trees would be going either way. Member Miller stated the area was down zoned at the developer's request. Graves moved, Trygg seconded, the motion to close the public hearing and deny a Comprehensive Guide Plan Amendment changing the land use designation from D -II (Mixed Residential) to Limited Business, a rezoning of 1.4 Agricultural acres to a Limited Business district on Outlot C of the preliminary platted Kingswood 2nd Addition located along the west side of Pilot Knob Road, south of Wescott Road in the northeast quarter of Section 21. All voted in favor. FRONTIER CDMPANIBR/NO Chairman Pawlenty opened the next public hearing regarding the application for a Comprehensive Guide Plan Amendment changing the land use designation from Industrial, Parke, and Mixed Residential to Mixed Residential and Parks; a rezoning of 122.4 Agricultural acres to a Single Family district; and m=mompmumm consisting of 225 lots located east of Dodd Road and south of Wescott Road in the east half of Section 24. City Planner Jim Sturm summarized the application, explained the problems with the previous proposal and the changes in the present proposal. He informed the Commission that the double fronted lot issue had been resolved. Wayne Tower (Pioneer Engineering) stated the developer had no problems with staff recommendations. Be reviewed the changes from the previous plat and distributed the site plan for the park. In reference to the old dump site, be informed the Commission that the dump would be removed if it were hazardous. Be further explained the \"-b Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES February 28, 1989 park site and reviewed the site plan as referenced in the staff report. He described the phases of the development. Chairman Pawlenty asked for the price ranges of the homes. The developer responded the price range would be between $93,000.00 and $100,000.00. Pawlenty reported that the area was designated D -II and that the developer was entitled to certain density. He stated the Commission could not force the developer to build more expensive homes. Stuart Strachaf, Stafford Place, informed the Commission that Frontier had not finished Stafford Place. He stated he felt there should be no further developments until Frontier's other obligations were fulfilled. He presented a petition to the Commission. Don Klein, Dodd Road, stated that the impending assessments would cause him to break up his property. He had concerns regarding the access and the size of the houses. Tony Thomas, 593 Prairie Circle West, presented a petition to the Commission (Exhibit A attached to the minutes). He read the petition proposals to the Commission. He had concerns regarding the types of homes. Warren Israelson, Country Hollow developer, was excited about the new lot layout and requested the developer discuss the home sizes. George Kohen, 597 Prairie Circle West, had concerns regarding the impact of single family demographics to the general area. He provided a copy of the Country Hollow Protective Covenants to the Commission. Beverly Davis, 440 Pennsylvania, stated she was a resident of Stafford Place and requested that Frontier finish their homes. Donald Forester, Stafford Place, asked if the City could stop the construction of the Frontier homes. He detailed the construction problems with his home and stated be was dissatisfied with Frontier. Leonard Parent, 4000 Dodd, had concerns regarding future development and informed the Commission that he owns the exception piece. City Planner Jim Sturm showed the location of the proposed access to the exception piece. Commissionmember Trygg requested that Frontier respond to the public's complaints. Paul Oakes responded that the major complaint was the sod. He informed the Commission that all sod would be installed in the tZ \ Page 6/EAGAN ADVIsORy PLANNING COMMISSION MINUTES February 28, 1989 spring. Member Graves questioned if the residents had been informed. Mr. Oakes stated no. The developer stated that Burnsville was totally sodded. Member Miller questioned if Stafford Place was an issue. The developer stated that the gas into the project was the developer's Problem. Chairman Pawlenty asked the developer to respond to Mr. Klein's concerns. Frontier stated it would work with Mr. Klein to solve the problem. Frontier further stated that United Mortgage was the developer, not Frontier. Ron Helmer (United Mortgage) informed the Commission that United Mortgage was the owner and developer. He stated he felt the plat was a good proposal and that other issues should not be mixed in with the plat proposal. Chairman Pawlenty asked if Blocks 7, 8 and 9 could be developed similar to Country Hollow. The developer responded that it was evaluating the lots. There was much discussion regarding the transitional buffer effect of Blocks 7, 8 and 9. Member Merkley asked Frontier if representatives would meet with the neighbors. The developer responded yes. Member Graves questioned if the City reviewed covenants. City Planner Jim Sturm responded not for single family. Member Voracek questioned the recourse the City would have for defective developments. Mr. Sturm stated that if there was a development agreement, the City may have a recourse. Member Voracek questioned that if the developer were to realign the cul-de-sac to the Klein property, whether Klein would allow the cul-de-sac to terminate on his property. There was further discussion regarding the Klein access. Member Markley complimented Tower on the new plan. Member Voracek questioned if there was anything in the conditions regarding the dump. Mr. Sturm stated that the matter would not proceed to the Council until the dump study report was completed ✓ and the issue was resolved. He further stated that the applicant had waived the time limitation. City Attorney Mike Dougherty Frontier complaints, the City was the developer was United Mortgage. stated that in regards to the dealing with separate entities as Member Voracek recommended to the builder that it be more responsive with the Stafford residents. There was much discussion regarding the builder construction problems. 3-:1 Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES February 28, 1989 Member Graves recommended that a meeting be scheduled, prior to the City Council meeting, with the Country Hollow residents and explained to them how Blocks 7, 8 and 9 would be tied into the Country Hollow Addition. Chairman Pawlenty stated it could be added as a condition. City Planner Jim Sturm recommended the addition of standard conditions F-1 and G-1 to the proposed conditions. Chairman Pawlenty summarized the builder problem options and recommended the addition of the condition that the developer inform the Council what transition method would be used on Blocks 7, 8 and 9. Voracek moved, Trygg seconded, the motion to close the public hearing and amend the Comprehensive Guide Plan changing the land use designation from Industrial, Parks, and Mixed Residential to Mixed Residential and Parke, as submitted by Frontier Companies, for Coventry Pass. All voted in favor. Voracek moved, Graves seconded, the motion to approve the rezoning of 122.4 Agricultural acres to a single family district, in regards to the Coventry Pass development. All voted in favor. Voracek moved, Merkley seconded, the motion to approve a preliminary plat consisting of 225 lots located east of Dodd Road and south of Wescott Road in the east one-half of Section 24, as submitted by Frontier Companies - Coventry Pass, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al. B1, B21 B3, 84, C1, C2, C3, C5, Dl, E1, F1, and G1. 2. The existing farmstead shall connect to City utilities. 3. If the farmstead is removed, the well and septic system shall be abandoned to WPC 40/City standards. 4. A variance shall be allowed for Street B in excess of 5001. 5. No direct driveway access onto Dodd Road shall be allowed. 6. 40' setbacks shall be allowed along Dodd Road. 7. The development is required to maintain a maximum depth of 8 feet of cover on the existing water main in the southwest corner of the development. S. The development is responsible for any damage which may occur to any existing City public utility line which results from the proposed site grading and development. Page 8/EAGAN ADVISORY PLANNING COMMISSION !MINUTES February 28, 1989 9. The development will be required to match the existing street grades provided in the adjoining Country Hollow development. 10. The development is required to adhere to the City's maximum 3:1 slope criteria. 11. The development is required to submit plans and specifications for the proposed retaining wall construction for staff review and approval. 12. The development is required to provide storm sewer to adequately accommodate the storm water runoff which currently is conveyed by the rural ditch section along Dodd Road. 13. The development will be required to provide emergency overland outlets from all low areas. 14. A storm sewer inlet is required between Lots 16 and 17 of Block 7 on Lantern Lane to collect the runoff water in the backyard swale. 15. A 50 foot half right-of-way is required for Dodd Road. 16. The development is required to limit post development phosphorus export levels to predevelopment levels. 17. The development is required to provide sanitary sewer, storm sewer, and water main stubs to all adjacent properties as determined by City staff. 18. The developer shall schedule a meeting with the Country Hollow residents, prior to City Council review, to discuss how Blocks 7, 8 and 9 will be tied into the Country Hollow Addition. 19. The development is required to complete the dump study report and resolve the issues, prior to City Council review. All voted in favor. CONDITIONAL USE PHRMIT/]3WANHl18/CLIFF LASH CHEM ADDITION Chairman Pawlenty opened the meeting in regard to the application for a conditional use permit to allow on -sale liquor, 3.2 beer and wine in a community shopping center district located on Lot 2, Block 1, Cliff Lake Centre Addition, at the northeast intersection of Cliff Lake Road and Cliff Road in the southwest corner of Section 29. City Planner Jim Sturm presented the application to the Commission. t2,4 Agenda Information Memo April 4, 1989 City Council Meeting I. Comprehensive Guide Plan Amendment, City of Ragan, and a Rezoning of Approximately 64 A-4 Multiple Acres Within the Lexington South Planned Development to IF (Public Facilities) District Located at the Southwest Corner of Diffley and Lexington Avenue --A public hearing was held by the Advisory Planning Commission meeting held on March 28, 1989 to consider a rezoning of 64 acres currently R-4 to public facility zoning to allow for construction of a City reservoir and future athletic field complex. The APC is recommending approval. For additional information on this item, refer to a report prepared by the Department of Community Development enclosed on pages 131 through . The APC minutes for this item are enclosed on page(s) 3 g The Parks and Recreation Department is beginning its analysis of the 64 acres as to location of certain parkland facilities. The preliminary parkland use plans will be drawn during the next several months and informational meetings scheduled for later in the fall with surrounding property owners. The reservoir site has been located which is on the north side of the property somewhat adjacent to Lexington Way and Diffley Road. The reservoir construction will begin in the next several weeks. Once plans have been reviewed by the Parks and Recreation Commission informational meetings with the neighbors, a final parkland use plan will be brought back to City Council late this fall and construction will begin in 1990/1991. ACTION TO RR CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and rezoning from R-4 multiple to public facility for 64 acres from land recently acquired from the Department of Housing and Urban Development, southwest of the Diffley Road and Lexington Avenue intersection. 3� - SQBJECT: _ aD!lP BIVE _ WIDE PLAN 74UMMNENT,_ OWING ]1PPLICA6Ts�=CItY flFKiiAH -LOCATION: _ 'QIP i 4 _B8CTI0N 26 i 'NE 1/4 SECTION 27 -EXISTING SORMs 2-4 (NOMPLE)� - -- =DATB OF PUBLIC --- DATE OF REPORT: sRCH.22,-1969 -- REPORTED EYs DEPARTum OF Cohn mrr DEVE60PMENT APPLICATION SUMMARYt The City of Eagan recently acquired from HUD approximately 64 R-4 (Multiple) stoned acres within the Lexington South Planned Development. At the March 7, _:1989 City Council meeting, staff was directed to take the necessary steps to rezone the property to a Public Facilities district to -allow a City reservoir and athletic field complex. Currently, this parcel consists primarily of open flat grassland and is generally well-suited for its proposed use. The site does fall rapidly along the west and southwestern property lines towards the Wilderness Park Addition and Caponi property. Adequate buffering between these two different adjacent land uses should be incorporated into the development plans. COMPREHENSIVE PLANS The subject site is designated as D -III (Mixed Residential, 6-12 units per acre) in the Comprehensive Land Use Guide Plan. Development of the site for park uses would therefore require a Comprehensive Plan amendment to change this land use designation to P (Parks). A P designation should be generally compatible with the adjacent LB (Limited Business), D -I (Single Family), D -III (Mixed Residential, 6-12 units per acre) and CPD (Commercial Planned Development) designations. I 136 GUN SO Page 16/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 and Gorman agreed. Member Graves stated he had no problem with a gas station at the proposed location. Joe Christensen informed the Commission there were no specific plans for the Duckwood overpass. Be stated there would be no problem with the traffic and felt a potentiality was being discussed. He stated it was a specific proposal for the situation as it exists. He remarked that the property to the south has commercial uses. Chairman Pawlenty polled the Commission in regards to the use. The developer requested a continuance to enable them to work with the staff. City Planner Jim Sturm stated the matter should be reviewed and the applications revised and the matter would be brought back before the Advisory Planning Commission as old business. Miller moved, Voracek seconded, the motion to close the public hearing and continue the matter regarding a Comprehensive Guide Plan amendment, a rezoning, a preliminary plat and a conditional use permit as requested by Phillips 66 Company for the Phillips 66 First Addition. All voted in favor. Member Voracek requested a review be conducted of the access. He also stated that staff should review the triangular parcel. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DBVHLOPMENT/RESERVOIR Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 64 multiple acres within the Lexington South Planned Development to Public Facilities district located at the southwest corner of Diffley Road and Lexington Avenue in the northwest quarter of Section 26 and the northeast quarter of Section 27. City Planner Jim Sturm introduced the matter to the Commission. Member Graves questioned how the farm properties would obtain access. City Attorney Mike Dougherty stated that the farm had an easement. Miller moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 64 R-4 (Multiple) acres within the Lexington South Planned Development to PF (Public Facilities) district located at the southwest corner of Diffley Road and Lexington Avenue in the northwest quarter of Section 26 and the northeast quarter of Section 27. All voted in favor. ;59 Agenda Information Memo April 4, 1989 City Council Meeting 'LAECt! Yom,' . 14 _lej J. Comprehensive Guide Pian Amendment, City of Eagan, and a Rezoning of Approzimately 7.4 R-3 Acres Within the Lszington South Planned Development to an R-1 District Located in the NE 1/4 of Section 96--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider the rezoning of 7.4 acres of R-3 zoning to R-1 that was recently acquired from HUD. The APC is recommending approval. For additional information on tY,is item, refer to the staff report, a copy is enclosed on pages l o through i{ - The APC minutes for this item are included on page(s). ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and a rezoning of 7.4 acres from R-3 to R-1 within the Lexington South Planned Development. V 41 ----- — -- - -- - - _ _ ----•- _-rte-- --- _. _ 11BJRCT: RBlftBIVE.WlDk--'#L 1H-- AMENDMENT, APPLICANTS CITr 0.F`EAGAB - _c LOCATION: 41Z if4 02CTION_26 BBCISTING SONINGs R--3 -(TON11HODBE)`-- s DATE OF PUBLIC HWWU=: IA1tCs'$8. 989 --- DATE OF REPORT: MARCS 2Z, 1989 REPORTED BYs DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION SUMMARYs The City of Eagan recently acquired from BUD approximately 7.4 R-3 (Townhouse) zoned acres within the Lexington South Planned Development. At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to rezone the property to an R-1 (Single Family) district. The site is relatively flat and wooded with some mature hardwood trees, as well as secondary deciduous growth. This area is well- suited for single family homes and the trees would provide a nice buffer to Diffley Road and the commercial property to the west. COMPREHENSIVE PLAN: The subject site is currently designated CPD (Commercial Planned Development) in the Comprehensive Land use Guide Plan. The proposed rezoning of this property to R-1 (Single Family) would require a Comprehensive Plan amendment to change the land use designation to D-1 (Single Family, 0-3 units per acre) for consistency between the Comprehensive Plan and zoning designations. A D -I designation would be generally compatible with the adjacent PF (Public Facility), D -II (Mixed Residential, 0-6 units per acre) and D -I -designations to the north, east and south. Adequate buffering between the CPD (Commercial Planned Development) designated parcels to the west would be necessary to assure appropriate transitions between these land uses. to riffs LL c Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF SAGAN/LSEIPGTOH SOUTH PLANNED DEVELOPMENT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LE%INGTON SOUTH PLANNED DZVELOPMENT/SOUTH HALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF EAGAN/LEBINGTON SOUTH PLANNED DEVELOPMENT/SOUTHNBST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. l 0. Agenda Information Memo April 4, 1989 City Council Meeting 8. Comprehensive guide Plan amendment, City of Eagan, and a Rezoning of Approzimately 10.9 R-2 Acres within the Lezington south Planned Development to an R-1 District Located Along the North Side of wilderness Run Road and East of walnut Hill Park --The APC held a public hearing at their last meeting of March 28, 1989 to consider a comprehensive guide plan amendment and rezoning of 10.9 acres within the Lexington South Planned Development to an R-1 district which was recently acquired from HUD by the City. The APC is recommending approval. Enclosed on pages through _Z1 is a copy of the staff report. The APC minutes for this item are included on page(s) (!t ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and a rezoning of 10.9 acres located adjacent to Walnut Hill Park and Wilderness Run Road. --SUBJECTS -iMSOfi--- `APPLICANT s - MATION: _ 9-OXCTIOH EXISTING SONINGs '.R-2 4DUPZiZX)- .,;A . -.. - —= DATE OF PUBLIC BEARING e r---- DATE OF REPORTs MARCH 22, 1989 - REPORTED BYs DEPARTMENT OF COKNUNITY DEVELOPMENT . - APPLICATION SU►9MARYs At the March 7, 1989 City Council meeting, -staff was directed to take the necessary steps -to allow the --sale of 10.9 R-2 (Duplex) acres as an R-1 district, thus requiring zoning to a Single Family district. ==This -site is situated between portions of Walnut Hill Park on the north side of Wilderness Run Road. Upon more detailed review,a Comprehensive Guide Plan amendment is not necessary. This site is heavily -wooded and falls rapidly from the hill to the north and Wilderness Run Road to a ravine between the two. Any, residential development on this site would need to be very sensitively done to retain the existing character. COMPREHENSIVE PLAN: The subject site is currently designated D -I (Single Family, 0-3 units per acre) in the Comprehensive Land Use Guide Plan. The proposed rezoning of this property to R-1 (Single Family) is consistent with this designation; therefore a Comprehensive Plan amendment is unnecessary.. 144 If 4 BE i 1 1 S&& yy HIL�!; i kv I 6 =1 E �� _ u nmin LI �y �Ir• "� Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF SAGAB/LSZIBGTON SOUTH PLANNED DEVELOPMENT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LESINGTON SOUTH PLANNED DEVELOPMENT/SOUTH RALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF RAGAN/LBZINGTON SOUTH PLANNED DEVELOPMENT/SOUTHWEST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. Agenda Information Memo April 4, 1989 City Council Meeting CITY OF EAGAN L. Comprehensive Guide Plan Amendment, City of Eagan, and a Rezoning of Approximately 1.5 Multiple Acres within the Lexington South Planned Development to LB (Limited Business) Located North of Diffley Road and west of Lexington Avenue --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a request by the City to rezone 1.5 acres R-4 to LB (Limited Business) of property that is no longer required as a reservoir site given the recent acquisition of the HUD parcel. This property is located adjacent to the Soderholm parcel that is proposed as a LB development. The APC is recommending approval. For additional information on this item, refe to the staff report, a copy is enclosed on pages tM through M. The APC minutes for this item are included on pages) C7 —Is-/ . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the comprehensive guide plan and rezoning of 1.5 acres of R-4 to LB which will allow the City to declare the property surplus and sell to the adjacent property owner at a fair market value. 147 - _ - -SUBJECT: COIWRMMXVE --QUIDS --PLAN-AMENMENT, APPLIC1NTZ -CITr-F - LOCATIONS .B 1/4 SECTIM '23 - - = m[ISTING SONINGs= alt-4-(IKWIPLE)MT ?'r _- _: iATB OF PUBLIC HEJIRISGt_7AhRCwSg� DATE OF REPORTs -MARCH 22, 1989 -` - REPORTED Era -DEPARTS OF COMMUNITr-DEVELOPMENT APPLICATION SUNMARYs At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps -to -allow --the potential sale of approximately 1.5 R-4 (Multiple) zoned acres to a LB (Limited Business) district, thus requiring a Rezoning. This site currently holds a City well facility, however, that uses only needs a small portion of this site. This site is located along Lexington Avenue, just north of Diffley Road. There is no vegetation of significance on this flat site. COMPREHENSIVE PLAN: The subject site is designated D -I (Single Family, 0-3 units per acre) in the Comprehensive Land Use Guide Plan. Development of the site with Limited Business uses would therefore require a Comprehensive Plan amendment. This LB designation would be generally compatible with the adjacent D -III (Mixed Residential, 6-12 units per acre) and PF (Public Facility) uses on the east and south. However, adequate buffering of this site from the adjacent D -I uses to the north and west. 1a needed to provide appropriate transitions between these land uses. 4 - 1.Z1 11 .B.. I: .6. ti - 1) 042,011MR1 44 TPA 1r Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF SAGWLE%IMGTOM SOUTH PLANNED DSVELOFMSMT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LEBINGTON SOUTH PLANNED DEVELOPMENT/SOUTH HALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves 6econded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF EAGAM/LESINGTON SOUTH PLANNED DEVELOPMENT/SOUTMIRST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. Page 18/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 City Planner Jim Sturm summarized the application for the Commission. City Attorney Mike Dougherty informed the Commission that Members Voracek and Trygg should amend their motion in regard to the Soderholm Addition and add a condition number 15 stating that the City properties must be purchased. Voracek moved, Trygg seconded, the motion to add condition 15 to the Soderholm Addition conditions for the preliminary plat stating that the Soderholm Addition must purchase the City of Eagan property. All voted in favor. Trygg moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 R-4 (Multiple) acres within the Lexington South Planned Development to LB (Limited Business) located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. All voted in favor. ADJOURNMENT Miller moved, Voracek seconded, the motion to adjourn the meeting of the March 28, 1989, Advisory Planning Commission at 11:45 p.m. All voted in favor. --------------------------------- Secretary - Eagan Advisory Planning Commission `E 1 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 31, 1989 SUBJECT: OPTING OUT OF THE MTC SERVI The consultants, Strgar, Roscoe, Fausch, Inc., hired by the six (6) Cities to conduct a needs assessment transit study for the purpose of determining whether any or all Cities should opt out of the MTC service area has now been completed. Kristi Marnin, Planner I in Community Development, has represented the City at various meetings with the consultants as the needs assessment study was performed. On Tuesday, March 28, a meeting of the City Managers/City Administrators was held at the Rosemount City Hall to meet with the study group and consultants and receive a draft executive summary of the transit study as prepared by the consultants. The six (6) Cities agreed that the consultants should appear before each of the City Councils in a work session during the month of April and present further comments regarding the study. Since the final draft of the report will not be available until approximately April 15, it seemed appropriate to consider a work session for the month of April on the fourth Tuesday, April 25. An administrative glimpse of the report would tell that of the various options it appears the option to replace the existing radio route structure with exactly the same service by maintaining the same route structure, number of trips and frequency of service is recommended. In other words, the six (6) Cities would exercise their right to opt out and bid on a contractual basis the service by selecting an operator. The excess property tax contribution that would be realized for each of the communities would not be returned in the form of a tax credit, but would be available for expanded service, an issue that is further reviewed in the report and will be presented by the consultants. PARKS PROJECT/1989 The Director of Parks and Recreation Vraa and the City Administrator recently discussed park projects planned for 1989. Given the list of projects for this year, I thought it might be of interest to the City Council, as you drive the community or receive calls from constituents b aware of the va ious park improvements. Enclosed on pages ISL through /5 is a memo prepared by Ken that lists the various projects by park land. If any member of the Council has a question, feel free to contact this office or Ken directly. 154;1. Assistant to the Administrator Hohenstein has been monitoring proposed legislation that would replace House File 601 that defines hauling routes as property the loss of which would be defined as the taking by a public agency. A number of concerns have been expressed by municipalities regarding this proposed legislation, and the League of Minnesota Cities wi 1 be opposing th proposed legislation. Please refer to pages S through for additional information on the item. Enclosed are Newsletters from Springsted and Ehlers and Associates without page number. MASAC INFORMATION Each month the City receives a MASAC packet, which contains information for the upcoming agenda, minutes and a comparison of daily operations, as well a noise complaints. Enclosed on pages I (ZLL through I (O % is a copy of those pages of the MASAC packet that would be of information to the City Council. As Jon states in his memo, this office will attempt to make the information available as a part of the informative packet on a regular basis. /S/ Thomas L. Hedges City Administrator MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MARCH 28, 1989 RE: PARKS PROJECTS - 1989 You had asked that I provide you with a memo briefly outlining the 1989 parks development, improvement and maintenance objectives to be forwarded to the Council. This memo is not all inclusive, but covers the more significant tasks and projects planned for 1989. THOMAS LAKE: 1. Complete 88-18 Thomas Lake Park Building construction. 2. Landscaping (Design and implementation) 3. Parking lot lighting 4. Trail construction to Thomas Lake Road 5. Fishing pier NORTHVIEW ATHLETIC FIELD: 1. Tennis court contract (design - bid) with storm sewer 2. Irrigation of soccer fields and 3 softball fields 3. Install fences/backstops for 3 softball fields (contract) 4. Parking lot and roadway design 5. Trail design OHMANN PARK: 1. Complete 88- . Park construction contract 2. Complete horseshoe court area 3. Parking 10t lights 4. Landscaping 5. Complete irrigation. WELL SITE: 1. Revise plans for parking lot - design/layout and roadway WOODLANDS SCHOOL/MUELLER FARM PARK: 1. Landscaping k NESTCOTT STATION PARK: 1. Neighborhood meeting 2. Do park plan; anticipate 1990 construction contract BRIDLE RIDGE PARK: 1. Construct two hockey rinks - install lights 2. Install play equipment (design) 3. Landscaping (design) BUR OAKS - SOUTH: 1. Tennis court construction 2. Backstop installation 3. Parking lot construction (design) 4. Trail construction (design) TRAPP FARM PARK: 1. Trail construction to Dodd Road (design) 2. Play equipment installation (design) HEINE POND: 1. Construction completion - contractor DESIGN/INSTALL PLAY EQUIPMENT: 1. O'Leary '89 Priority 2. Kettle '89 Priority 3. Cedar Pond '89 Priority 4. Slaters Acres REPLACE/REBUILD HOCKEY RINKS: 1. Rahn Park RESURFACE TENNIS COURTS: 1. Highview ' 2. Country Home 3. Lexington SECURITY LIGHTS: 1. Country Home 2. Highview 3. Lexington 4. Slaters Acres 15.5 LANDSCAPING AS MENTIONED - PLUS: 1. Kettle 2. Maintenance Garage 3. O'Leary 4. Pilot Knob 5. Lakeside 6. Slaters Acres Probable 1990 7. Well Site Probable 1990 8. Northview Probable 1990 CARLSON LAKE PARK: 1. Neighborhood Meeting - Design Program BLACKHANK PARK: 1. Park planning meeting 2. Park final design 3. 1990 construction contract Tom, this is a representative list of the work before us. Obviously, it's not inclusive of all the work but should give you and the Council a good idea of this year's program. KV: cm lSlL MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO TH8 DATE: MARCH 29j 1989 SUBJECT: CURRENT LEGISLATION (H601A-25) R8: COMPENSATION AND TAKING IH THE MATTER OF REFUSE HAULING ROUTES Attached you will find a copy of a memorandum from the League of Minnesota Cities and proposed legislation which replaces house file 601 with a strike everything amendment referenced as H601A-25. In summary, the thrust of the legislation is to define hauling routes as property, the loss of which would be defined as a taking by a public agency. This would apply, if, for example, the City were to decide at some future date to organize garbage collection, particularly if organization were to take form of a smaller compartment of haulers. It would entitle those haulers who lose routes to a level of financial compensation for them. To date, City staff has opposed such legislation because it extends a City liability to an intangible type of property for which we are not currently responsible. There is little question that the State will expand its solid waste mandates to increase the amount of material being abated from landfills. If this occurs, it may take the form of direct or indirect mandates to cities to organize collection or may create demands for service levels which would be cost prohibitive without organization. While staff is not without sympathy for the hauling community, it does not appear appropriate to support out -of -hand a legislative initiative which would create substantial liabilities for cities and their residents which would prohibit the pursuit of recycling goals and other social purposes. If you have any questions in this regard, please let me know. I would also appreciate your sharing this memorandum in an informative manner with the City Council. The League of Minnesota Cities has taken a position opposing this legislation, and I would not anticipate that position to change. JH/vmd s? + WHAT STATES ARE DOING REGARDING THE NTARING AWAY" OF GARBAGE HAULERS' ROUTES: For the first time a court has ordered a city to compensate a hauling company for taking its routes when the city extended municipal collection to an area annexed by the city where the company had previously provided service. The Idaho Supreme Court upheld a trial court's decision in favor of the hauler, based on a finding that an award of damages for lost routes was consistent with the just compensation clause of the state constitution. The facts of the case: For several years prior to annexation, the garbage hauler (Collector) provided collection service to residential and commercial accounts in areas outside the corporate limits of the city. Although the Collector did not operate under a franchise or contract with the county, the company had obtained written contracts with its customers before the annexation was complete. These contracts were for a period of three months, with automatic renewals for additional periods of three months subject to notice of a cancellation provision. As part of the annexation, the city passed an ordinance making it a crime for any other entity to attempt to collect garbage other than Lake City Disposal. The Collector filed suit for injunctions against the city, seeking just compensation for the taking of property and for damages for interference with it signed contracts. Following trial, the court awarded the Collector $262,574 as just compensation, together with interest from the date that the Collector was prevented from servicing its accounts. The city appealed the lower court's decision. The Idaho Supreme Court held that the city's displacement of the Collector clearly amounted to a taking of property subject to the payment of just compensation, citing that the right to conduct a business is property. The court recognized that there are competing interests at stake. The city has an interest in ensuring that waste collection service it provides is uniform and accomplishes the purpose of maintaining the health of those who live in the city. The basic police power of the city to accomplish these objectives is broad but not unlimited. When the exercise of this police power by the city conflicts with the interest of an owner in preserving a property interest, there must be a balancing of these interest. The court said that there was no showing that the actions of the city in excluding the Collector from the annexed areas furthered the preservation of Health in theme areas. In the absence of such a showing, the "a aance tips in favor of the protection of the Collector's property interests. Thus the court held that the city's deprivation of the Collector's ability to service accounts amounted to an inverse condemnation (interference with the use of property), which is subject to monetary damages. This decision is a landmark. It represents the first time that a court has upheld the claims of a hauler for money damages resulting from lost routes due to municipal annexation. The Idaho decision runs contrary to decisions from other states including North Carolina, Colorado, Arizona, and Washington. Generally, these states have distinguished real property and intangible property and have held that no unconstitutional taking occurred. The courts often follow the reasoning that a municipality is authorized within the limits of its police power to regulate or prohibit certain activities when such (✓9 exercise of authority bears a reasonable relationship to the public health, safety, morals or general welfare of its citizens. In some instances, while the exercise of that authority may have harmful effects on some of its citizens, if the exercise of that authority is reasonable and not arbitrary, any injury occasioned thereby must be considered a servitude inherent under our system of government, and damages from such injury must be considered noncompensable. Although other courts are not bound by the Idaho decision, its underlying soundness and equity considerations will provide judges in other states with a precedent. In this regard, Minnesota has a 'just compensation" clause in its state constitution that is very similar to the one found in Idaho's state constitution on which the court based its decision. On the other hand, the Minnesota Court of Appeals, in Hay v. Andover, recently ruled that a special use permit (intangible property) is not private property subject to a taking claim. Several states have enacted statutes that address the problem of lost routes due to annexation. The statutes generally allow the hauler to continue servicing their customers for several years prior to being displaced or negotiate with the city some type of compensation. North Carolina, on the other hand, has statutory formula of compensation equal to one year's revenue for the lost business, with the opportunity to negotiate with the city a mutually acceptable agreement. SHOULD MINNESOTA ADOPT SUCH A STATUTE? The first consideration is whether the Minnesota courts will adopt the Idaho view. This may be dependent upon the final outcome of the Hay v. Andover case. In that case the Minnesota Court of Appeals makes a distinction between real and intangible property, and states that 'the special use permit given by the city of Andover is not private property and therefore not subject to a taking claim." However, that decision may well be modified or reversed on appeal by the Minnesota Supreme court. There is a possibility that the Supreme Court will adopt the view that intangible property is subject to the same protection as private property in the event of a taking or substantial interference. Also, the court may treat the loss of a garbage collection route differently than the loss of a special use permit or other intangible property. Considering the fact that other states have specialized legislation to protect haulers in the event of lost routes due to annexation, it is likely the Minnesota courts will treat the 'taking" of garbage collection routes differently. Although adoption of a statute would limit some of the power of a municipality to chose which garbage hauler to contract with, it could provide some protection. In the Idaho case, the garbage collector had a three month renewable contract, but was awarded compensation equivalent to ten years of revenue. A statute could: (1) limit the amount of years an existing hauler would be allowed to continue to collect garbage; (2) prohibit the expansion of the hauler's operation; (3) create criteria that must be met for a hauler to be protected by the statute (i.e. length of service in the area or size of operation); (4) allow the hauler and city to negotiate for mutually acceptable compensation in lieu of continuation rights; and (5) allow the citizens to decide, by referendum, which hauler would be granted the collection contract (in newly annexed areas). 03/07/89 16s20 [RRSDEPT ) LT 8601A-25 1 eaves to amend R.F. 601, the delete everything 2 amendment 9603A-14, as follows: 3 Page 10, after line 29, inserts 6 •Ste. 13. (115A.961] [COMPENSATION REQUIRED FOR 5 TERMINATION OF CERTAIN WASTE COLLECTION CONTRACTS.) 6 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 7 subdivision apply to this section. 8 (b) 'Organised collection• has the meaning riven to it in 9 section 115A.96, subdivision 1. 10 (c) 'Collector' means an individual, firm, Partnership or 11 corporation that, for hire, provides collection of mixed 12 municipal solid waste. 13 Subd. 2. [COMPENSATIONS MM REQUIRED.] A city, town or 14 county that decides to organise solid waste collection by using 15 16 17 a result of the decision to organise collection. 18 Bubd. 3. [COLLECTOR ELIGIBLE FOR COMPENSATION.) Collectors 19 are eligible for compensation under subdivision 2 if thev 20 provided collection services in the city, town or county that 21 organises collection prior to the decision to organise 22 collection and, as a result of the change in collection method, 23 are precluded from continuing to provide collection services. A 24 collector is not eligible for compensation under this section if 1 L 0 03/07/69 16:20 (REEDEPT 1 LT 8.601A-25 1 the collector: 2 (1) holds a previously bid contract for collection of the 3 waste with the local governmental unit on the effective date of 4 this sections 5 (2) was not a collector or successor to a collector 6 operating within the local governmental unit for at least three 7 months before the date of change of methods or. 6 (3) voluntarily chooses not to become a member of an 9 organization of service providers providing collection through a 10 negotiated contract under section 11SA.94, subd. 3(a), itu8 bd. 6. (AMOUNT Or COIQ'ZNSATION.) Compensation required 12 by this section must agual 16 times the eliaible collector's 13 averaos arose monthly income during the three-month period 14 immediately prior to commencement of the now collection system. 15 A collector entitled to compensation under this section shall 16 provide proof of cross income in a manner reasonably rewired by 17 the city, town or county not later than 60 days prior to the is date of change of method. Compensation required under this 19 section must be made in equal monthly installments over the term 20 of the now collection contract but, in no event, over more than 21 five years from the day of the chance in collection method. 22 Payment may be made from revenues derived from the surcharge 23 authorized in subdivision S or from other general revenues of 24 the local government unit. 25 Rubd. S. (SmtcsARGE.I A city, town or county may impose a 26 surcharge on solid waste collection in the area affected by 27 organized collection in an amount necessary to nay the 26 compensation rewired by this section. Money collected from the 29 surcharge under this subdivision must be deposited in a separate 30 account to be used only for compensation rewired under this 31 section and must be paid to eliaible collectors as required 32 under subdivision 4.- 33 Renumber the remaining sections 34 Page 14, line 20, delete 0160 and insert 0170 35 Page 16, line 26, delete 0330 and insert 0340 36 Page 20, line 7, delete 026' and insert 027" and delete "33• 2 , 03/07/B9216o20 (AESDEPT j'LT 8601A-25 1' and insert 0341' 2 Page 31, ,line 8, delete ?14' and insert 015" 3 Page 310 line 11, delete •15 and 35' and insert "16 and 36' 4' Pagetr31,,`line 14, delete "IS and 17' and, insert 017 and.18" 5 Page 311 line 15, delete '17" and insert 018" 3 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR DATE: MARCH 23p 1989 SUBJECT: MASAC INFORMATION Attached for Council information are some items forwarded to us in the most recent MASAC packet. The first is comparison of daily operations for the past three years. You will note that while air carrier operations have been reduced in the aftermath of the Northwest/Republic merger, it has been partially offset by increases in commuter and general aviation operations such that the average is still over 1,000 operations per day. Operations consist of both landings and departures and can be divided almost equally between the two for obvious reasons. In addition, I have attached the most recent complaint summary for February. I will attempt to make this available to the Council on a regular basis much as we do with the inspection summaries so that they may stay in step with traffic concentrations and the number of complaints from various communities. You will note that in February, Eagan was the second highest complaining community behind the city of Minneapolis. Ato the City Adm nistrator Attachments JDH/jeh 1986 1987 1988 Air Carrier 705 610 606 Caimuter 149 164 172' Air Freight 151 59 56 General Aviation 159 176 173 Military 18 15 14 Wym 1082 1024 1021 NOISE COMPLAINT SUMMARY 1988 Nold-Chad:erlain 899 Runtimes 2 Miscellaneous 46 SAL, 947 1989 Ibld-Qvsdxrlain 728 Run -we ' Secondaries: Cmmrter ( 3rd Airlake 6 Anoka 3 Crystal 0 Plying Cloud 2 Lake Elmo 0 St. Paul 29 773 OPERATIONS SUMMARY 1988 / 1989 Air carrier 588 614 Cmmrter ( 3rd 170 160 level) General Aviation 178 132 Military 13 13 Air Freight 56 60 70L 1005 979 (Average Daily Operations) 55.7 ti 4V crossto-� 494 MSP RIMNAY USAGE FEBRUARY 1989 IIi nnaaota Birar KEY t - Appmx. t of SclAeduled Operations(Carriers and Commuters) FEB[BZ W 1989 0 City (Lang and Takeoff) and Time of Day City TaawB Takeoff -- Apple Valley 2 343 Bloomington 3 26 Burnsville 0 8 Cottage Grove 1 0 Eagan 59 65 Eden Prairie 0 0 Edina 0 6 Inver Grove Heights 0 12 Maple Grove 0 1 Maplewood 0 1 Mendota Heights 15 49 Minneapolis 100 275 Montgomery 1 4 Plymouth 0 0 Richfield 2 38 Roseville 0 1 Rosemount 0 1 St. Louis Park 1 4 St. Paul 7 34 South St. Paul 1 1 Sun Fish Lake 0 0 Vadnais Heights 0 1 West St. Paul 0 3 Woodbury 0 1 70M 192 536 Time of Day Time Number 2400 - 0559 34 0600 - 1159 343 1200 - 1559 88 1600 - 1959 172 2000 - 2359 136 TOML 773 �, � own mww� - '�°--- - 1 a '�- --w�-- --- — - MINUTES OF REGULA#: NEETIMG OF::'TAE EAGAN CITY COUNCIL .:iLAGAN, MIN14$6OTA ]tP 2Y ..4 ::-:1989 A regular meeting of the Eagan City April 4, 1989, at 6:30 p.m. at the Eagan were Mayor Ellison and Couc3liieinbXs;:;l:a Councilmember McCrea was abls kkf :.fai t'::i4o City Administrator Tom Hedges, Public Pili Community Development Director A.ale Runk Sheldon. Council was held on Tuesday, Municipal Center. Present hter, Egan, and Gustafson. meeting. Also present were ks Director Tom Colbert, e, and City Attorney James Wachter moved, Gustafson seconded, the motion to approve the agenda as presented. All members present voted in favor. MINUTES March 21, 1989. Mayor Eilsikt::::ie.:. uested an addition to page 3, paragraph 2, the first sentence a odl:d read: "Councilmember Egan asked when the eight year =: perig9..: *.,9an. " Councilmember Gustaf s.pnf:: ;ekja6tted the deletion of condition number 2 for the Cliff Rifte'. ddition on page 14. Gustafson moved, Wachter seconded, the motion to approve the minutes for the March 21, 1989, regular Council meeting as amended. All members present voted in favor. 'CASH P�}:'FRiSS!`; &SGgCLIMG WINNER City Administrator Tom Hedge infd,•ik*ed the Council that the first winners of the Cash for TrA. h award was given to the Kenneth Iverson family. Jon Hohenstein ptEsentE6(::the prize to the Kenneth Iverson family. Mayor Ellison requested an explanation of the process in selecting the winners. Mr. Hohenstein explained the random selection. The Mayor and the Council members:psed for a picture with the Iverson family and the Mayor presented.the $300.00 check to the Iversons. Mayor Ellison stated job on the project. V\ that Jon Hoh.Qnstein had done an excellent Page 2/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 SENECA WASTE WA'&K''fiit'jgKtkkNT::0IMT/GRADING PERMIT City Administrator T= -.Hedges informed the Council the contractor was requesting €:fat the h4ki of operation allowed by the ordinance be extended to ali:6.4.::th;e::::r�4rk to be performed between 6:00 a.m, and 10:00 p.m. A represent8;k:ive'f rom Enebak Construction Company was present at the meeting. Councilmember Wachter requested that the contractor refrain from going through the residential. -areas aft.Qr hours. Councilmember Egan questioned if the staff regssest aid?: £i:rther conditions. Public Works Director Tom Colbert reepQe3 tl?gt no further conditions were requested with this application;`:but that the matter could be evaluated if there were a problem:. Egan moved, Gustafson:::$eiitcied:t}ie motion to approve a variance to the hours of operations for exc3vaf'ion/grading permit number 18-189 (Seneca WWTP) to allow the work to be performed between 6:00 a.m. and 10:00 p.m., subject to the condition that the contractor refrain from going through the residential areas after hours. All members present voted in favor. POLICE City Administrator Tom Bedges automobile confiscation by thi.:Pol automobile and using the money::fQ:C TONOBILE CONFISCATION ibuted a memo regarding the s suggested selling the enforcement. Councilmember Wachter::::stggested the City take possession and perhaps the confiscated vehicle could be used to replace the City's older automobile. Councilmember Egan questioned if the secured party would forfeit its rights. The matter will be investigated. Wachter moved, Egan se ca adea:►:::::t:he:;;motion to authorize the purchase of a 1989 Ford Brvii:fiq:::: Object to forfeiture under M.S.S. regarding the sale of narcgtics..;;All members present voted in favor. NTC City Administrator Tom Hedges reported to the Council the necessity to schedule a work session for April 17, 19891 at 7:00 p.m. to discuss the MTC service area. Egan moved, Wachter seconded, the .kdtion to approve the scheduling of a work session for April -17', 1989, at 7:00 p.m. to discuss the MTC service area;:::;A' :i".::z,n*0, E+t: present voted in favor. Page 3/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 :.CONSENT AGENDA Councilmember Egan infe:z.0d;::tb;E::6iiuncil that he had initially voted against Item R. (Final' FZ... im:061axie Cliff Plaza) and that he would again vote against the matter. Councilmember Wachter also stated he would vote negatively in regards to the Galaxie Cliff Plaza matter. Mayor Ellison requested that Item K. (Final Plat, Galaxie Cliff Plaza) be pulled from..the consent agenda to allow the matter to be discussed later in the A. Personnel items. 1. Park Maintenance Worker ;fit w4a recommended to approve the hiring of Paul Graham as iC miitaance worker, subject to successful completion of Bili' CityI.S.1 isical examination requirement. 2. Seasonal Park Maintenance Workers. It was recommended to approve the hiring of the eleven named persons as presented as seasonal workers for the Park and Recreation Department. 3. Zoning Administrat4rV:Fi:anner. It was recommended to approve the hiring of Mike Ridley as'•a:::xog ti:n.:administrator/planner, subject to successful completion of the City;!-s`physical examination requirements. B. City Administrator Tom Hedges read a letter received from the Knights of Columbus requesting a 60 -day waiver. He stated that the City Clerk did not have a problem with the request. It was recommended td application for Knights of Richards Food and Liquor. ;rricrac • 11 T - 1 1 - M It- • • - • - bling license renewal 04 Eagan, for pull tabs at It was recommended to approve a service station permit and a cigarette license permit for Yokum Oil Company, Inc., for the Texaco Super Store. It was recommended to approve the..,$lans for Contract 89-06 (Cliff Road Booster Pump) and authorize:ihe advertisement for a bid opening to be held at 10:30 a.m., Wednesiday, April 12, 1989. Page 4/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 E. It was recommended to Drive - Streets and Utilit. bid opening to be held at: ve;;gl:?►s for Contract 88-26 (Daniel ii. :'4-uthorize the advertisement for a a.m., Friday, April 28, 1989. 3.4.1 F. Contract 8'9-07, Approve Plans/Authorize Ad for aide (well NO It was recommended to approv'the �klans for Contract 89`-07 (Well No. 14i�sn• ;) and authorize the advertemei.or a bid opening to be held at 10:30 a.m., Wednesday, April:.gfi, 19:89:. G. Lu— It was recommended to approve the plans for Contract 89-10 (Well No. 15) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Thursday, April 27, 1989. It was recommended to reCeive..:the petition to vacate the drainage and utility and 5, Block 1, Berry Ridge Addition) and schedule a ring to be held on May 2, 1989. I. It was recommended to receive the final assessment roll for Project 544 (Drake Drive and1a11a>} dark 3rd Addition - Street Lights) and schedule apubiifi #t4arzrtg tfl: be held on May 16, 1989. J. .Final Plat Agnrova7 / .eTt l st>.Additi on, It was recommended to approve the f. -final plat for 'Laurent 1st Addition and authoriz'e the Mayor and City Clerk to execute all related documents. R. Final plat- ARRroval/aiLlaxie rniff pia&A. This matter was pulled from the consent agenda to be discussed later in the meeting. L. It was recommended to approve the resolution authorizing the sale in regard to the Borchert Ingersoll:property and ,payment in full of industrial development revenue bonds at the time of closing Page 5/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 subject to the City Attor:iey *and Director of Finance/City Clerk reviewing all the documents and concur'r'ing that they are in order for execution. M. Contract 89-12. Lnri:iii:iYf?tk]auri�e:9a It was recommended to approve the final plans for Contract 89-12, Tennis Court Construction, Resurfacing and Fencing, and authorize an advertisement.:.Eor.:;.bids..to.....be opened on April 27, 1989. N. Contract 89-09 Approye:77U- a s/4Uhorimp Ad for aia (Johnny Cake RidaP Rnan — n..a mwa �.., ... .... City Administrator Tom;;Hed'944 correction in the packet tG::I?a...ragi stated the reduction to the trail in the existing residential areas. It was recommended to approve the 89-09, Johnny Cake Ridge Road - Street authorize an advertisement:::::o:r.....bids to 11, 1989. Gustafson moved, Egan foregoing consent agenda it Cliff Plaza, and authorize voted in favor. tmed the Council of a 'regarding this matter. He d be to a minimum of 12 feet final plans for Contract and Trailway Improvements, and be opened at 10:30 a.m. on May motion to approve the em K. - Final Plat/Galaxie tation. All members present PARKVIEW REMODELING REQUEST City Administrator Tom Hedges informed the Council that the City did not have an ordinance that required Parkview to meet the present standards. He asked for di:ecso:ii; €:[Oht::::he Council and stated perhaps there was a need for an or&h'A4�iC :>�g'iifeii.:.: int. Councilmember Wachter commertied thdt safety and handicapped requirements should be adhered tci::by Pa"Kview. Doug Reid explained the nature of the improvements. Mr: Wacb.tt-r stated there should be sewer and water hookup. Mayor Ellison remarked that if major improvements were necessary, the improvements should meet Code. Public Works Director Tom Colbert stated the upgrading was necessary but questioned the leverage available to the City by issuing a building permit. VACATE PUBLIC,, 4t.;CrHT-.QF-VAY/BGAN AVENUE The matter was introducea''to''ttle 'tCtincil. The applicant was present at the meeting. Page 6/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 John Ehblad, 2860 Pi-14t'''Khob, reg0 steel the installation of a lot marker. Be further stated he did ftat want the installation of a road closed sign. Public Works Di rectorstated there was a need for a temporary barricade. Be felt"t#�t:>aRst'ter could be worked out with the residents. He further stated that lot markers would be installed. Councilmember Egan requested the verification of the legal descriptions. ........ Wachter moved, Egan secoiidQ '�...fhe:�:iRotion to close the public hearing and approve the vacatiori'`'Of pu6iic right-of-way for Egan Avenue (north of Vilas Lane to Klot Knob Road) and authorize the Mayor and City Clerk to executQ:kZ r. aced documents. All members present voted in favor. FINAL ASSESSMENT BEARING/BRAUN COURT City Administrator Tom Hedges updated the Council on the background of the matter. Public Works Director:':9 project. He stated the cost estimation of costs. He expl and stated he had met with t objections from all property rt introduced and outlined the ::t#te feasibility report e reasons for the cost overrun 0 -y. -.,:::owners and received written Henry Braun, 1380 Brauri.Court, asked where the overruns came from. He felt the cost should not be shifted to the property owners and stated he felt the job was not done correctly. He requested an accounting of the costs and referenced his objection letter. Leonard Walz informed:.:tiaeCpt#1road was not completed and stated it was heaving and f=aClt%nij,:::::e::€elt the engineers did not follow the blueprint and charged :f:raud.;;9e felt the yardage was overstated for the concrete used.:.:.:.': - Public Works Director Tom Colbert skated that the 49 yards referred to were square yards and not cufiic yards. Wayne Cordes, 3730 Pilot Knob, remarked that the property owners had told the City previously that the project was cost sensitive. He stated the overrun was not in the agreezpe-ht and that his assessment was 458 higher than he had anticipated.::-':"' Mary Braun objected Mayor Ellison asked if the work had::been done in a professional workmanlike manner. Mr. Colbert respond�;O:;that he was unaware of any Page 7/EAGAN CITY COUNCIL MEETING MINUTES April 9, 1989 problems and commented th:ilk"' there was :ii::'two-year warranty. He further stated that staff would reinspect the...=.oiect. Harold Braun stated be�ililtth#:&sts were too high for the material used. Mr. Colbert S'Eld,40would check into the matter. .... � Leonard Walz informed the Council that the road had sunk by the sewer. Councilmember Egan ex-.1-"""" ,p ,.�:�%Aragraph 7 of the Agreement .. ....... . between the City and the 307 iSeY .% covered the cost overruns. He felt the project was too smal.;I.':'and ih'-at it should not have been separated from another project.. -Mg. Col-)bert stated that paragraph 7 referred to "solicited bids" an4i:iihot &:t overruns. He stated that the rebidding of the proje!'Pt :', : . """"'' overhead. added to the increased Councilmember Egan questioned if the City could support the 108 requirement. Mr. Colbert stated yes and that the estimated costs were accurate. He stated the Council would not have approved the project if they knew the City might -;,,have to pay. Councilmember Egan felt the contract was open to interpretation. Mayor Ellison 6t&t*d that the real question was whether or not there was benefit to ... .... homeowners. CouncilmemberWachter:.. sorted w when the last inspection was conducted. Mark Hanson repl-166':Ihe last inspection was held last fall. Mr. Wachter requested . the project be reinspected. Mr. Egan agreed to the reinspection. He commented be did not feel comfortable voting on the matter at the present time. Wachter moved Egan s,e.c.on.(5edy.....the....motion to close the public bearing and continue to 9 City Council meeting the final assessment roll for '.('Araun court - Streets and Utilities). All members present V','Oked iii:1 avor. FINAL ASSESSMENT HIMING/i-MAN HIGH SCHOOL City Administrator Tom Hedges introduced the matter. Public Works Director Tom Colbert informed the Council he had met with school representatives and they had no objections. Gustafson moved, Egan seconded, th#motion to close the public bearing and approve the final assessment"'::":roll for Project 518 (Eagan High School - Utilities) certification to Dakota County. All members pre sen Page 8/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 City Administrator Tom�:t.¢Oges;:;z.."'-listed the matter be continued to the first Council meeting::a ::y,+ 3c2r`the final plat of Prettyman Heights was scheduled for approvil. John Klein objected to the Prettyman Heights' assessments. He stated there was no benefit to Zehnder Acres and that he would take the matter to court. City At:t#,il:::Bheldon stated that the matter .... should be discussed at the::a:e:ses#�eti�':'ti.earing. Mayor Ellison requested staff to review the assessmekitissue prior to the item returning to the City Council. Howard Carlson, Auge {taad:ies:,cj�fi asked what the vacated road would be used for. He objsdt:eff "to''the::Vacation. Public Works Director Tom Colbert responded that the road would continue through. John Klein stated that prior to the final plat, people in the area should have time to determine the assessments. City Administrator Tgri::�ea.9es reported that the City was overhauling its special asse5s:ei::::pgl,icy and that staff and the City consultants would be meeting cont'n'':uaEly in the future to discuss the matter. Egan moved, Wachter se.Q.gh3d:d�:::`the motion to continue the vacation of a portion of pu%s-'!-'C6' right-of-way for Auge Road to the first Council meeting at which the final plat of Prettyman Heights was scheduled for approval. All members present voted in favor. MASSAGE THERAPY ORDINANCE City Administrator Tddi::Fldgs::::ipdated the Council on the background of the matter. fie `suggest'eb Ehe deletion in the proposed ordinance in regard to escrowing the $40:0.00 investigation fee. There was discussion regarding all of th:e req'U'dred fees. Mayor Ellison asked if the fees covered the cos:Es. Mr:: ;:;'Hedges responded that the fees did cover the costs. Jim Traver hid:::concerns regarding the required fees. Police Chief Geagan informed the Council that the proposed educational requirement for 100 hours was extremely important for the industry. Assistant City Attorney:;:.3Qe:;FRrlay::vpdated the Council regarding the matter and stated that'i:bE;:::p ;dgOb d:::: hanges had been made in conjunction with the applicants. He stated he had reviewed ordinances from other municipalities and that the::proposed ordinance resembled the St. Louis Park ordinance. He furthei:':stated that St. Louis Park required 146 hours as the educational requirement. Page 9/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 Be further added tha';"**there Twin City area of which orifi:: -:was approved by a reputable ma'ss;#ge:: that the 180 members of the''�Nl�i;m years of experience. She stated"', background checks. Mayor Ellison should be informed. Councilmember Gustafsoei::St therapists and prostitutes:*466:: system". Be recommended the $20 Jim Traver. Be stated that if i increase the fees. Councilmembe as proposed as it is harden:444 : disagreed. were, three massage schools in the certil Ed and the other two were ins:: Ute. Cathryn Schuter stated I f-a'Therapeutic Massage Network had Ekiat most members would not need stated that the Police Department a:;#.:;:;saw no connection between tathQis would try to "beat the $150::and $100 fees as requested by ecame,_necessary, the City could acht!�' recommended leaving the fees fees later on. Gustafson Councilmember Egan remarked that he felt the original ordinance was awkward and that the proposed ordinance was vastly superior to the original ordinance. Be was in favor of the fees as submitted by staff with the change from...the $400.00 escrow fee to $300.00. Mayor Ellison stated t'iiet:; review and revise the ordinance'. should be subject to a single.:u agreed. reasonable for the City to It that a one-person operation 4Aion. The Councilmembers Egan moved, Wachter secif.Adecl, the motion to approve an amendment to Chapter 6.40, Subd. 4(d)'. changing the regulatory language for the operation of a massage therapy establishment, subject to modifications of the fee structures. All members present voted in favor. FINAL P T Gi#t�A$IB`?CLIFF PLAZA Gustafson moved, Wachter seo tded,:;;the motion to approve the final plat for Galaxie Cliff Plax-�i:: and authorize the Mayor and City Clerk to execute all related docimontsi,::Illison, Gustafson, and Wachter voted in favor; Egan voted against. BLUEBELL ICE CREAN COMPANY AND PENGUIN ICS CREAN/REQUEST TO OPERATE ICS CREAN TRUCKS Mayor Ellison stated he felt the p�posed condition number 6 regarding local employment should be deleted. Councilmember Egan agreed. City Administrator ted that it would be difficult to police. Gustafson moved, Egan seconded, thInotion to approve the request of Bluebell Ice Cream Company to:::operate ice cream trucks on Page 10/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 public streets within the:tity of Eaga*," subject to the following conditions: 1. Applicant to provide::;:G:t:%%'ate of Insurance which covers the required liability. 2. The hours of operation will be from 12:00 noon to 15 minutes prior to sunset. 3. The approval is gra" iisc:riiie::ApCil 1, 1989, to October 1, 1989. 4. The trucks will not geneXate a::.noise level greater than 65 decibels. 5. Caution swing arms"are regii3'red on each vehicle. All members present voted in favor. Gustafson moved, Wachter seconded, the motion to approve the request of Penguin Ice Cream;:;to operate ice cream trucks on public streets within the Cityofa:ga,:;;;subject to the following conditions: 1. Applicant to provide Cer,.tyte of Insurance which covers the required liability. 2. The hours of operation will be from 12:00 noon to 15 minutes prior to sunset. 1989. 3. The approval is granted from April 1, 1989, to October 1, 4. The trucks will not: tj rie' ate:::a:::hbise level greater than 65 decibels. 5. Caution swing arms are rO.quired '?Ein each vehicle. All members present voted in favor''' VARIANCE/LEO AMUNDSON Community Development Director Da-W:4tunkle summarized the application for the Council. Leo Amundson (applicafiX:;eRgtarjjis request. Mayor Ellison stated that the hardship was t'i2'''e'sistf'rig home layout. Wachter moved, Egan seconded, the potion to approve the 4 foot variance to the required ten foot sidey'atd setback for Leo Amundson, Page ll/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 Lot 4, Block 4, Valley v:E"Plateau. Pix members present voted in favor. ••• VAR 1". $EST;;;: DSS INC. Community Development Directior Dale Runkle summarized the application. The architect for the applicant was present. Councilmember Gustafson questioned thehsX:819i8:::,rchitect stated it was needed for expansion. Councilmem156i*iW;ibhW i j- d if the parking was adequate. Mr. Runkle stated that:::;addit final parking would be added to comply with Code. There was further discussion regarding the building construction. Egan moved, Wachter seEaAced:?�#C motion to approve the variance request of Best Brands, Inc. for a variance of 1.618 to the maximum 358 building coverage in a Limited Industrial development, subject to the following conditions: 1. A landscape plan 2. Consolidation of Industrial Park, shall be days of Council approval. 3. Parking on Yankee proposed parking lot area requirements. 1 be submitted and approved. , Block 2, Sibley Terminal h Dakota County within thirty ad shall be discontinued and the in conformance with City Code 4. A grading, drainage and erosion control plan shall be submitted and approved by City staff and the Dakota County Soil and Water Conservation District. .witb;.,tb.e...bui. ding permit application. All members present votec2 iri'abY: CONDITIONAL USE PSRNIT/ pN-INTORICATING MALT LIQUOR LICENSE/CROWN COCO (S�:STOP STORE) City Administrator Tom Hedges provided a summary of the application. Mayor Ellison asked if the conditional use for the sign was without a variance. Mr. Hedges stated yes. Dave Miller (Applicant) described: #'e nature of the new store design. Mayor Ellison questiorid #f' ft:ia#ts' common to sell 3.2 in convenience stores. Mr. Hedges'stated ye.s. Egan moved, Wachter seconded, the hfcftion to approve a conditional use permit to allow retail sales of 3.2 beer in a General Page 12/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 Business district located..�t 4195 Nical-s Road in the southwest quarter of Section 19, as:;r:equested by.:::.Crown Coco, Inc. , subject to all applicable Code ordina#bgs and a:stccessful police investigation. All members present voted ai.:::yor::::::::: Egan moved, Wachter seconded, the motion to approve a non -intoxicating malt liquor license for Eagan's E -Z Stop located at 4195 Nicols Road. All members present voted in favor. Wachter moved, Gustaao::ad4QRthe conditional use permit to''alT'6w::::a"pyl'or:::sign Road in the southwest quarter off::>6ectit3tt 19, Coco, Inc., for the E -Z Stop Skp=e, su.:ect conditions: 1. All applicable Cods"odinaneEs shall motion to approve a located at 4195 Nicols as requested by Crown to the following be adhered to. 2. A maximum height of 27 feet and 125 square feet of signage area per side shall be allowed. 3. The signage shall:;:be..limited to 208 of the canopy facade. All members present voted;Xtn::f:auor. WAIVER OF PLAT/OPUS CORPoMTXOZEAGANDALE INDUSTRIAL PAR 1C...3 Ali::X1313I T ION City Administrator TcjiR:-H'edges introduced the matter to the Council. Be stated the issues of platting versus a waiver was tricky. Community Development Director Dale Runkle commented on the County concerns. Public Works Director::.Tgm.::;CG minimum offset distance, ge:;state lanes and that the platting proce the planning. He stated he had ear and that each had its own unique:;: further research and commented tit be better addressed in a platting Councilmember Egan questioned Colbert stated he was unsure of the could be t f t&I, s concerned regarding the was conflicting left turn give the County input into everal possible approaches He felt the matter needed ransportation issues would how much time was needed. Mr. exact time frame but felt it pu or rather quickly. Bob Worthington (Opus) described tae design of the project and the extension of the Lone Od�C:;;?sitSE:$s::::c�nter. He stated the County plans for Lone Oak Road weYe nGt:fi:ticatning and Opus wanted to take advantage of the market place at the present time. He commented that the County could not stop Opus, but th;::Opus was being cooperative. He remarked that Opus had entered into stipulations similar to plat requirements. He described the use of the property as responsible and Page 13/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 appropriate and commented.tli'a't'�'Opus.Wai::willing to work with the County for future expansib:fl. Be inforni2i the Council that Opus wanted to break ground in May. Be:::urther stated that the official street map showed no realignment:::; e;.objected::;to proposed condition number 9 but informed the Council tti t:::: #? s.: i4 ?vId comply. Be stated he felt it was an illegal tax. Mayor Ellison informed Mr. Worthington that the City is reviewing its assessment policy. Be further stated that he did not want to see transportation.p;.oblems and.asked Mr. Worthington for his suggestions. Mr. Worthington referenced:Items ii# the staff report and stated they would be providing an easement to.:;widen the road. Be informed wd the Council that Opus did not.*it. the:jx-bad through its property. Councilmember Egan n6fe"66 t' ha ' tli'E issues were not clear and stated it was a philosophical question. Be pointed out that the City had disagreed with the County four times in the past year. Be stressed that he believed in cooperation but felt that the property would be affected by the road configuration. Be observed there were limits and that Opus had co.operated. Be asked if the County would have unique setback pro blei'%K:::Cvvmunity Development Director Dale Runkle explained that the eai 6-ii,*wo.uld take into account any future upgrades. Egan mentioned that:::theere would still be a reasonable access opportunity;�'to thy:>:ii4?#th. Councilmember Wachter agreed and emphasized that thikAO*iA61*ent was an advantage to the City. Councilmember Gustaf:sori;`:€aiib:red a waiver. Mayor Ellison endorsed the proposal and:sttated that it would be a benefit to the City. Be felt there were other means -to solve the traffic issue. Be commented that Lone Oak Circle was a cul-de-sac. Public Works Director Tom Colbert asked Mr. Worthington if Opus would agree to an eight foAt::bitum.A43ss:;trail. Mr. Worthington responded yes that Opus wQl1::::a�%I. gteie:tii::N?batever was consistent. Councilmember Egan stated he recognized... -the assessment problem. Mr. Worthington reaffirmed Opus' objection.:::::: Wachter moved, Egan seconde<3,::the *tion to approve a waiver of plat to combine 26 lots in Eagandale Cuter Industrial Park No. 3 into two parcels located in the southeast corner of Lone Oak Road and Neil Armstrong Boulevard in the northwest quarter of Section 11 as requested by Opus.Corporation, subject to the following conditions: 1. Opus Corporation will agree to��g7ve controlled access to the County along the Lone Oak Road portion`d.jacent to this waiver of plat except for the access:; ht::;'''4'4 el by the access permits. 2. Opus Corporation will grant the. -:10 foot right-of-way easement for roadway purposes immediately south::Pf the right-of-way line. Page 19/EAGAN CITY COUNCIL MEETING MINUTES April 9, 1989 3. Opus Corporation 0111 grant th'e'-15 foot trailway easement immediately south of the ri ip,10 foot r3.jht-of-way easement. 4. The parking setback -.a3:.4,i:g.:::&z e' Oak Road will be 35 feet from the new 10 foot right-of-way easeindiit line. 5. The project will be designed so that access to the truck port will be taken from Neil Armstrong Boulevard. 6. The newly created }erce:atlk:::be combined at the County within 60 days of the waiver ofpgat aQgroval, with documentation to the City Clerk within 30 days of' -"the recording. 7. All signage shall be.:,$+ibject.; t:z>the City's one-time sign fee of $2.50 per square foot. 8. The proposal shall be subject to a cash parkland dedication according to the current policy and a 6 foot wide concrete sidewalk be placed along Lone Oak Road. 9. This development $ii:el.l..accept its additional assessment obligations as defined'aff,Is report in accordance with the waiver of plat dimensions and`fiie4:4:es in effect at the time of the City releasing the waiver of gat foi'..recording. 10. This development shsponsible for the acquisition of all regulatory agency perm3;�e::' the time frame required by the affected agency. 11. The development is subject to further requirements relating to grading, drainage, erosion control, street access, storm sewer, ponding, sanitary sewer, easements and water main as necessitated by the building permit process;:;iev::E4?:.b:::i:ty staff. • .... All members present voted i{1:: -favor:;::: COVENTRY PASS/.:V,sONTIt0 COMPANIES COMPREBENSIVE GUIDE PLAN AMENDMENt/1iEZONING/PRELIMINARY PLAT Community Development Director Dale Runkle summarized the application. Wayne Tower (Pioneer Engineering)*, -informed the Council the location of the park had been revised,'::ias well as the overall design. Be pointed out that the old.,dump&i:te,,hdcl, been investigated and no contaminants were found. f e::::ikXthe :::;S�s:"ed that no structures were proposed in the dump area.'He' exp18'iriei9 that a meeting had been held with the Country Bollow residents. Mayor Ellison asked if there was a heed for any soil compaction. Mr. Tower stated that it had been buried for 20 years, almost three Page 15/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 feet down. He felt it wa9:34ot necessary:; Councilmember Wachter stated the area had been a pig feeding operakU.9n. Mayor Ellison questionez would be a transition from the Country Hollow Addition. Mr.:4'i t;et:>H-Cated they would prefer a transition and that there would be restrictive covenants. Councilmember Egan was in favor of restrictive covenants. Mayor Ellison asked if the double fronted lots were gone. Mr. Runkle stated yes. Councilmember Wachter had concerns. regarding the neighbors objecting to other homes. Jzr;TiiMrQX: ed there were sod problems. Don Klein, 4770 Dodd Road,:::lid concerns regarding access to his property. Mr. Tower stated that.;.;:desi.gn:had been worked out. He showed the new design to Mr. Kl n andiljt.ib the Council. Councilmember Egan qupSt'ioned'''i 'the proposal would exceed 500 feet. Mr. Tower responded it would be approximately 580 feet. Leonard Karen, 4000 Dodd Road, questioned the layout. He informed the Council that his barbed wire fence would abut the yard. Don Klein asked if th�q�i� 6ad:..would be stubbed. Mayor Ellison commented hefelfi:':ttie.revised plan was improved over the original plan. Co unct;!membe:r::W�?hter questioned if all lots met requirements. Mr. RunklerepliE::yps. Councilmember Egan pointed out that most issues had bee{i::*:t:e:snlved. Wachter moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment changing the land use designation from Industrial, Parks and Mixed Residential to Mixed Residential and Parks, as submitted by Frontier Companies, for Coventry Pass. All members present voted in f.yqr..:; ::;;:?:::::::::::::::::: :::: Wachter moved, Gustafson seconds d,...the motion to approve the rezoning of 122.4 Agricultural adtEs to::;: Single Family district, in regards to the Coventry Pass deve:Cpment: All members present voted in favor. Egan moved, Wachter seconded, the motion to approve a preliminary plat entitled Coventry Pass consisting of 240 single family lots located east of Dodd Road and south of Wescott Road in the east one-half of Section 24, as submitted by Frontier Companies, subject to the following conditions: 1. These standard condi.t.o4�t:::;crt:::�tit#t- approval as adopted by Council action on September:4::f:t:y::'::9:e:T:::ah;a11 be complied with: Al, Bl, B2, B3, B4, Cl, C21 C3, C51 Dl, El, Fl,.•.,.and Gl. 2. The existing farmstead shall coh%diiict to City utilities. Page 16/EAGAN CITY COUNCIL MEETING MINUTES April 4. 1989 and septic system shall 4. A variance shall fdt Street K in excess of 5001. 5. No direct driveway access onto Dodd Road shall be allowed. 6. 401 setbacks shall be allowed along Dodd Road. 7. The development ............... - a maximum depth of 8 feet of cover on the existing water ma#in the southwest corner of the development. 8. The development is. ,resp.Wigibls:;:fbr any damage which may occur to any existing city Pub which results from the proposed site grading and 9. The development will be required to match the existing street grades provided in the adjoining Country Hollow development. 10. The development is::::XPquired to adhere to the City's maximum 3:1 slope criteria. 11. The development is req'-Uired td.Aubmit plans and specifications for the proposdr wall construction for staff review and approval. 12. The development is:'r'-equired to provide storm sewer to adequately accommodate the storm water runoff which currently is conveyed by the rural ditch section along Dodd road. 13. The development will be required to provide emergency overland outlets from all 14.,A storm sewer inlet is rec .4uired.:.:.t)etween Lots 16 and 17 of Block 7 on Lantern Lane to colleQ'i::'the :t:6nof f water in the backyard swale. 15. A 50 foot half right-of-way is - i - 6quired for Dodd Road. 16. The development is required to limit post development phosphorus export levels to predevelopment levels. 17. The development is required to sanitary sewer, storm sewer, and water main hole .g.t.uba... adjacent properties as AR determined by City staff. All members present voted in favor. -i-,':-':-: Page 17/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 CITY OF EAGAN/LESINGY'ON SOUTH PLANNED DEVELOPMENT/RESERVOIR City Administrator Td Aed.qes., ckttoduced the matter to the Council. Mayor Ellison commsttier:#ig `this item and the three related items had all been initiated by'ti'e"'City. Wachter moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment of approximately 64 acres within the Lexington South Planned:;:pevek.op.Rent.;.: All membersp resent voted in favor. Egan moved, Wachter seconde'ci, the motion to approve the rezoning of approximately 64 Multiple aces wit?Sn the Lexington South Planned Development to Public Faci.iti.e :i.Stc3t located at the southwest corner of Diffley Road an&:' -t :st igto4;:: . nue in the northwest quarter of Section 26 and the northeast quarter of Section 27. All members present voted in favor. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/ NORTHEAST QUARTER OF SECTION 26 Wachter moved, Gustafeo0:�:0.0.0=nded, the motion to approve a Comprehensive Guide Plan amendin'ent>::Qt::::approximately 7.4 acres within the Lexington South Planned D velopr6en.t:::::All members present voted in favor. Egan moved, Gustaf son:::secontied, the motion to approve a rezoning of approximately 7.4 Townh6use acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All members present voted in favor. CITY OF BAGAN/LEBTNGTDt;ISQI7 !LANNED DEVELOPMERT/ SODTm 'AF' OF BBCTION 26 Egan moved, Gustafson seconded, thg:motion to approve a Comprehensive Guide Plan amendmedt:of a�?proximately 10.9 acres within the Lexington South Planned Devel.opmen t;:;7411 members present voted in favor. Gustafson moved, Egan of approximately 10.9 Doub Development to a Single Fa of Wilderness Run Road and of Section 26. All members seconded, the motion to approve a rezoning Le acres within the Lexington South Planned nily district::JVocated along the north side east of Walnli� Hill Park in the south half .Qied,,An favor. Page 18/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 CITY OF SOUTHW Community Development DSE continuance of this item pending Addition. PLANNED DEVELOPMENT/ SECTION 23 ale Runkle requested the review of the Soderholm Wachter moved, Gustafson..seconded, the motion to continue to the April 18, 1989, City Council;: ie l gj.:; tie Comprehensive Guide Plan amendment and a rezoning of"agpirtistly 1.5 Multiple acres within the Lexington South Planned Devalopment:::to Limited Business located north of Diffley Road and along. -the west: side of Lexington Avenue in the southwest quarter of Sectiati::: i Page 19/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 that the Alternative Security... the Letter of Credit. Agreemerit-:-Nas executed, together with City Attorney Jim Shey9--- .441-%commeiti'd that the Alternative Security Agreement was 41-1-11 6-;e -::-` project and that the signature pages had been provided but tha . X'Mike Dougherty had not reviewed in total the Alternative Security Agreement. Mr. Yock explained the various agreements and commented that what was needed was Mayor Ellison questioned if::::.t-he Co.:Ucil could give a conditional approval subject to legal review..,Mr. �hildon responded yes. Councilmember Egan felt the mat.ti'r was:::'.'-*' consent agenda item. Gustafson moved the mio'&-i-Obb'' t0:'::'&"P'*"'p""r'*'o've the final plat for Alden Pond, subject to the review and approval of legal counsel. Councilmember Egan stated he could not second the motion. Mayor Ellison seconded the motion. Gustafson and Ellison voted in favor; Egan and Wachter voted against. The motion failed. The matter was referr.- review by the Council at a Egan moved, Wachter to vacate a portion of t and schedule a public he present voted in favor. aff for further review before kepting. .d0.;d..r"tbe motion to receive the petition lic highway easement for Birch Street to be held on May 2, 1989. All members VISITORS TO BE HEARD David Doyle, 2112 Shaj-*::-t q46 ted that the Rahn Road improvement project move forw r.a. r,." Colbert stated that the plans were studied for Rahn Road and thi�t staf-i would respond to the petition by the neighbors. Community Development Director Dale Runkle stated he had engineering/platting concerns which he felt should have been addressed before the Council meeting. City Administrator Tom Sedges revi.eWed the Opus issues. Mayor Ellison update d:::::t::: hO*,::I.-ZO.'t�b-.'C:,"i-'-I-.:'-.., d staff on the Northwest meeting regarding the hostile'" i'ake-over....strategies. Page 20/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 CNECRL Wachter moved, Gustaf'G.4#:;.secoad2 the motion to approve the checklist dated April 41 196B:t;::ii1:::tEte amount of $470,647.17. All members present voted in ADJOURNMENT The meeting was adjOUr.ned:.:.at; I'I"'(t::::p.m. THE:::.:.C.. TY OF EAGAN E. J. VanOverbeke, City Clerk i -ADMINISTRATIVE AGENDA r REGULAR CITY COUNCIL MEETING BAOANO, MINNESOTA APRIL 4,, 1989 CITY ATTORNEY Item,i. Executive session CITY ADMINISTRATOR Item 1. On -Sale 3,.2 Beer and.Winw License for DivanniIs Pizza and Not Hoagies Item 2. Stratford' Oaks Plat 8xtension Item I. Modified Aircraft Corridor Procedure Item 4. Final Plat, Alden Ponds; DIRECTOR OF PUBLIC WORKS Item 1. vacation of. Portion of a Public. Highway Easement, Document No. 369340 (Birch Street) MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 3F 1989 V SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY Item 1. Executive Session --The City Administrator and City Attorney are requesting an executive session to provide for an attorney/client discussion regarding various litigation that is pending with Robert O'Neil and Federal Land Company. Once the regular City Council meeting is completed, the Mayor will announce an executive session that will be held in the office of the City Administrator. CITY ADMINISTRATOR Item 1. On -Sale 3.2 Beer and Wine License for Divanni's Pizza and Not Hoagies --Applications for an on -sale 3.2 beer and wine license for Divanni's Pizza and Hot Hoagies are in order for consideration. Divanni's is located at the Cliff Lake Galleria Shopping Center. The City Council at its March 21 meeting did approve a conditional use permit that would allow for 3.2 on -sale and wine license at the Cliff Lake Galleria. For additional information, refer to the license applications, copies are enclosed on pages 1- 1 through J_13. To approve or deny an on -sale 3.2 beer and wine license for Davanni's Pizza and Hot Hoagies to be located at Cliff Lake Galleria Shopping Center. Item 2. Stratford Oaks Plat Extension --The Community Development Department received a request for a preliminary plat extension from Dan Gustafson representing the Stratford Oaks Project. For additional information on the item, refer to the letter f'�roI� Mr. Gustafs9p and a copy of the staff update enclosed on pages J /T through �_. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat extension for Stratford Oaks for a period of six (6) months until October 31, 1989. Item 3. Modified Aircraft Corridor Procedure --The City Administrator and Assistant to the City Administrator met with Larry Dodds who resides at 2829 Burnside Avenue in the Country Home Heights subdivision, to discuss aircraft corridor procedures. Assistant to the City Administrator Hohenstein has prepared a memo that addresses a noise remedy proposed by Mr. Dodds and findings that the staff has identified that would not support the proposal. For a copy of the memo, refer to pages lNi through. The Airport Relations Committee is scheduled to meet on Tuesday, April 11 and if there is direction from the City Council regarding either Mr. Dodds' proposal or the pursuit of funding for flight maneuvers outside the 65 Ldn contour, action would be required. It may be the request of the City Council that the Airport Relations Committee invite Mr. Dodds to their meeting, hear his request and provide findings at a later date to the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: Provide direction to staff regarding a modified aircraft corridor procedure presented by Larry Dodds and, more specifically, a direction for the Airport Relations Committee. Item 4. Final Plat for Aidan Bonds --The final plat for the Alden Ponds project is in order for consideration. This project is located on Coachman Road and will be developed and owned by Ted Yock of the Rosewood Corporation. ACTION TO BE CONSIDERED ON THIS ITEMt To approve the final plat for Alden Ponds. I .) f Y -N- Ti:W} i lei 161E f3_L•�_j r:, Item 1. vacation of Portion of a Public Highway Easement, Document No. 369340 (Birch Street) --Staff has received a petition to vacate that portion of a highway easement (Birch Street) within the proposed Suncrest Addition plat. This vacation of the existing 40.00' highway easement will be replaced by a dedicated 30.00' public right-of-way on the final plat for Suncrest Addition. The final plat application has been received and the final plat approval is anticipated to be processed at the same time as the public hearing for this requested vacation. ACTION TO BE CONSIDERED ON THIS iTEN: To receive the petition to vacate a portion of the public highway easement for Birch Street and schedule a public hearing to be held on May 2, 1989. /s/ Thomas L. Hedaes City Administrator 170 I MINNESOTA DEPARTMENT OF PUBLIC SAFFn SAtt£ U71 PHONE 1612) 296-6159 LIQUOR CONTROL DIVISION 333 SIBLEY a ST. PAUL, MN 55101 APPLICATION FOR COUNTY OR CITY ON SALE WINE LICENSE NOT TD EXCEED 14% OF ALCOHOL BY VOLUME EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a; partner shell execute this application. if this is a first application attach a copy of the articles of incorporation and by-laws. Applicants Name IBuslness, Partnership. Corporation) li ade Nams or DBA Gladstone M. Stenson Jr. Davanni's PIzza and Hot Hoagies:, 4. oa ies- Business Address Business Business Phorme Applicants Home Phone 5957 W. 37th Street ( 612 )929-1650 ( 612 )935-9541 City Coumv State ZIP Code Minneapolis, Mo. 55416 Hennepin . MN. 55416 Is this application If a transfer, give name of former owner Ucense period GbNew ❑ Renewal ❑ Transfer FromJan.1-89:'. To Dec.31,1989 If a corporation, give name, title, address and date of birth of each officer. If a partnership, ghro name, address and date of birth of each partner. Partner/Officer Name and Title Address .. DOB Gladstone M. Stenson President 6216 Parkwood Rd. Edina, MN. 55435 -23-48 Partner/Officer Name and Title Address DOB Roger W. Schel er V -President 4505 Bruce Ave. Edina, Mn. 55424 -9-48 Partner/Officer Name. and Title Address DOB Robert W. CArlson Treasurer 6520 Indian Hills Rd. Edina, MN. 55435 10-14- Partner/Officer Name and Title Address DOB CORPORATIONS State of Date of Certificate Incorporation Minnesota Incorporation 5-22-75 Number 274 Is corporation authorized to do business in Minnesota? OYes ❑ No If a subsidiary of another corporation, give name and address of parent corporation THE BUILDING Neme of Owners BulldingOwner Ryan Properties-, Attn: "Wm. McHale Address 900 tad Aventie-So.,--Mpls., Mn. 55402 Has the building owner any connection Are the property taxes deliquent? El We EkNo direct or indirect, with the applicant? ❑ Yes WINo - Describe the premises to be licensed A one story 3,444 sq foot building located in the Cliff Lake Centre in Eaaan, MN. THE RESTAURANT m-th:11-11:00 P.M. �M What is the During what hours will Fri-Sat:11-2: CaAOBr of people Seating capacity? 104 food be available?_dun: 12-11:00 restaurant will employ? 45 How many months per year - - Wilt food service be the principal will the restaurant be open? 12 business of the restaurant? Miss ❑ No T, . In e If this restaurant is in conjunction with another business (resort, etc.), describe the business. 7 OTHER INFORMATION 1. Have the applicant or associates been granted an on -sale non -Ir . itoxicating molt beverage (3.2) and/or a "set-up" license In conjunction with this wine license? KWft 0 No 2. Is the applicant or any of the associates in this application a member of the county board or the city council which will issue this license? 0 Yes CMo If yes, in what capacity? (If the applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not vote on this application.) 3. During the post license year has a summons been Issued under the liquor civil liability law (Dram Shop) (MS. 340A 802). DWs ZiNo If yes attach a copy of the summons. 4. Has the applicant or any of the associates in this application been convicted during the past five years of any violation of federal, state or local liquor laws in this state or any other state? 0 Yes WiNo If yes, give date and details. 5. Does any person other than the applicants, have any right, title or Interest In the furniture, fixtures or equipment in the licensed promises? DYes RkNo If yes give names and details. . ... ........ 6. Have the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesotaha Yes 0 No If yes, give name and address of the establishment. . . ... .- . . .. I . , I. — — . .. . . .;I our other 11 Davannivs restaurants located in the Twin Cities area. I CERTIFY THAT I HAVE READ T 0 STIONS ATTHE ANSWERS ARE TRUE AND CORRECT OF Nk -T 2/28/89 MY OWN KNOWLEDGE. Yrdfure of ApPlaont - I Date ... . ... IF LICENSE IS ISSUED BY THE COUNTY BO D; REPORT OF COUNTY ATTORNEY - -- I certify that to the best of my knowledge the applicants named above are eligible to be licensed. 0 Yes 0 No If no, state reason. . Sonetwo County Attorney County pate REPORT BY POLICE OR SHERIFF'S DEPARTMENT This is to certify that the applicant, and the associates, named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor, except as follows A r!Lepirill I :E:J5rQA DepaVNo )�g l C .- J In DATE CITY OF EAGAN NEW _ON SALE FEE 3830 PILOT KNOB ROAD RENEWAL OFF SALE FEE MGM, MINNESOTA 55122 TEMPORARY TfH11ORARY FEE $25.00 •' , 67 50o• • 1 • I• ro-,. n-;!> 9.87 PLEASE PRINT Stenson, Gladstone H attn: Wm. McHale Ryan Properties, Inc. Last First Middle Last First Middle Address_ 5957 W. 37th Street Address 9002nd Avenue So. Street Screet Minneapolis. MN. 55416 Minneapolis, Mo. 55402 City State Zip Phone 929-1650 Birthdate 8-23-48 City State Zip Phone 339-9847 Birthdate L�s{.'� Davanni's Pizza and Hot Hoagies Youn krantz Shell Renee • FLrsc Middle Address 5957 W. 37th Street Address 1110 Lealand Road Strout Street Minneapolis, Mn. 55416 Maniewood. Mo. City State Zip Phone 612-929-1650 City State Zip Phone 483-9134 Birthdate 10-24-59 for the year 1989 , from co Event: mons ate mons ate or temporarylicense) Location: 1980 Cliff Lake Road,Eagan Are you the actual proprietor? Yes ( ) No ( ) rias Are you the owner of the property of the business location? Yes ( ) No (x) Ila s any ocher license of this kind been g[anted to you? Yes (x) No ( ) Where eleven other Davanni's starting in 19/5 �;�y� ey a� Are any taxes, assessments or utility bills for the premises unpaid or deliqucnc? Yes ( ) No (a). if yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law HS 304.A802? Yes ( ) No ( 4. If yes, attach summons copy. Have you ever been convicted? Yes ( ) No (x) City (Ochmr than a traffic offense) Is this a Joint ownership or silent partnership? Yes ( ) No W. If yes, please attach a Listing of eompl.!ce names, dates of birth, addresses and telephone numbers for everyone involved. 1 HEREBY VERIFY THAT THERE HAS BEEN NO CHANCE 1N OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EACAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EACAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE CRANTINC OF THIS 3.2 BEER LICENSE. NNESOTA AND I NO HEREBY AGREE TO OPERATE SUCH BUSINES IN ACCORDANCE W Ta45t l'IIE ORDINANCES OF THE R INC STATEMEN RRECT TO T11E UFE BEST OF MY KNOWLEDGEAUTHORIZED SIGNATURE ull Mid / FO ITY US ILY POLICE APPROVAL: Yes (J} No ( ) SIGNED DATED CITY COUNCIL APPROVAL: Yes ( ) No ( ) SIGNED DATED n-;!> 9.87 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 31, 1989 RE: STRATFORD OAKS - PLAT EXTENSION For the past several months, the Department of Community Development has been working with D. H. Gustafson in finalizing the Stratford Oaks plat. As you can see by Mr. Gustafson's letter, they have received allocation from the Department of Housing and Urban Development for revenue bonds, one of a few projects in the State of Minnesota to be funded for 1989, as well as a financial commitment for bonds from Piper, Jaffrey, Hopwood. Therefore, the financial guarantees are almost complete and the applicant can then record the plat and transfer title. The preliminary plat for Stratford Oaks is up April 19; the applicant is requesting a six month extension in order to have all of the financing for this project in place. This plat is unique as it has received final plat approval once and since financing cannot be put in place, and recording cannot take place prior to the one-year requirement for a preliminary plat, the applicant needs this plat extended for six months. Since this extension is being requested, it is my recommendation that staff re-evaluate the development contract and recalculate the fees and financial obligations as of April, 1989. If you have additional questions or would like more information, please contact me. :1�� DCR/js Encl. ` l� -D. H. GUSTAFSON -COMPANY- REAL ESTATE DEVELOPMENT AND MANAGEMENT SINCE 1%8 MAR S 0 W9 March 17,.1989 Mr. Dale Runkle Director of Community Development City of Eagan P.O. Box 21199 Eagan, Minnesota 55121 RE: Stratford Oaks Preliminary Plat Extention Dear Dale: We hereby request an extention of the Preliminary Plat approval of Stratford Oaks of Eagan for a period of six months from April 19, 1989. The Final Plat on this project was approved on September 19, 1988. However, delays in finalizing mortgage financing prevented us from recording the plat last fall. We now have a firm commitment for an insured mortage from the Department of Housing and Urban Dev— elopment and an allocation for residential revenue bonds from the State of Minnesota. We are proceeding toward the.sale of these bonds and the closing of the mortgage but are unsure as to whether this can be accomplished within the next 30 days, thus necessitating the extention. We also request the City to review our Development Agreement to determine any change necessary in our escrow amounts or municipal fees. If I can provide any further information, do not hesitate to contact me. Thank you for your consideration of this extention. I will keep you advised of our progress. Si rely, Dan H. Guetafso DEG/sh cc: Terry McNellis, Piper Jaffray 6 Hopwood 14661 Chicago Ave = South, BuwaviUe. MN 55337 (612) 432-6240 1'1S MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADM DATE: MARCH 29, 1989 SUBJECT: CITIZEN FOR MODIFIED AIRCRAFT CORRIDOR On Monday, March 20, 1989, staff net with Larry Dodds, 2829 Burnside Avenue. Mr. Dodds lives in the Country Home Heights Addition and has been in touch with City staff in the past regarding aircraft noise concerns. In recent months, Mr. Dodds has had occasion to discuss corridor procedures with supervisors and staff at the Minneapolis/St. Paul Air Traffic Control Tower. As a consequence of these discussions, Mr. Dodds has suggested that the City consider some alternatives for traffic which might allow better concentration of aircraft actually using the corridor. The suggestion is innovative in that it attempts to reduce the fraction of air traffic actually using the corridor by establishing alternative routes for certain portions of the departure stream. Thus the remainder may be able to utilize traditional corridor noise abatement procedures. Specifically, the proposal would allow the air traffic control tower to issue either corridor headings or a 160 heading from Runway 11R or a 050 heading from Runway 11L as depicted on the attached map. As suggested, the procedure would allow only corridor operations or operations along these two headings and nothing in between. Mr. Dodds states that his discussions with the tower supervisors indicate that this procedure is immanently feasible and would allow a certain amount of relief to neighborhoods adjacent to the corridor. Staff's analysis of this proposal raises a variety of issues. Findings which support the proposal are as follows: 1. The approach is innovative in that it attempts to reduce the concentration of traffic in the corridor thereby improving the efficiency of narrower operating procedures. 2. If a narrower operational procedure were followed within the corridor, a certain amount of noise relief might be recognized in neighborhoods immediately adjacent to the corridor and existing traffic patterns. With some modification, the procedure could be used to track aircraft out over the Mississippi and Minnesota river valleys in a fashion similar to procedures flown at Washington National and other airports which consider river valleys to be noise abatement flight corridors. March 29, 1989 Page Two Findings which do not support the proposal are as follows: 1. The proposal is a departure from past and current City policy with respect to noise abatement. Specifically, that policy has been to encourage the FAA and MAC to utilize only the noise compatible corridor at the boundary of Eagan and Mendota Heights to absorb the largest proportion of the severe noise impact. 2. While the 050 heading does follow the Mississippi river valley, the 160 heading would track over certain residential areas including those in the Coachman Road and Blackhawk Lake area. In addition, because headings are flown from a point at which turns occur, a much broader area could be impacted. For instance, a plane beginning a 160 turn after becoming airborne at the middle of the runway may track over Blackhawk Road and parts of Cedar Grove. Under another scenario, an aircraft turning to 160 degrees at a mile from runway end would track immediately over Highview Avenue and the Timberline Addition. This of course does not take into account down range impacts to other neighborhoods in the community. 3. While the procedure as proposed requires operations to be either within the corridor or at the 050 or 160 degree extremes, experience with the FAA has been that the broadest area of procedure tends to be used to define the outer edges of the operating area and, over time, such a procedure could result in a complete degradation of the corridor procedures the City has supported in the past. 4. While Eagan may consider a right turn procedure from Runway 11R, the left turn to 050 degrees from Runway 11L would depend upon acceptance of the cities of Mendota Heights, St. Paul and West St. Paul. Those cities would likely share the same concerns raised concerning where the turn begins because aircraft could track over Highland Park or residential Mendota Heights depending upon where the turn to heading begins. Any request for procedure change requires the City to make an official request of the Metropolitan Airports Commission which would then request a test of the procedure of the Federal Aviation Administration. This test would be conducted similar to the 180 day runway use test which attempted to concentrate traffic on Runway 4/22. Following the test, the procedures would be evaluated through an environmental review process. In the alternative, Mr. Dodds stated that if procedural relief could not be achieved, he would like the City to pursue some type of monitery relief or remedial treatment to compensate homeowners in noise impacted areas. `�� March 29, 1989 Page Three The Council may recall that the Part 150 Study included certain remedial measures for residential areas lying within the 65 Ldn contour as projected for 1992. A copy of that impact map is attached. Within the contour area, remedial opportunities such as sound insulation of homes, purchase assurance programs and, in the most severely impacted areas, property buy outs are listed as remedial measures. Mr. Dodds suggests that purchase assurance might be an attractive program for his area. Unfortunately, the 65 Ldn contour is widely recognized as understating noise impact, in addition, the MAC in using the 1992 contour assumed that a certain number of departures would be taken from the parallel runways by the proposed extension of Runway 4/22 and that the increasing prevalence of Stage 3 aircraft would reduce the impact area still further. This combined with the natural understatement of the Ldn 65 results in fewer than five homes being eligible for Part 150 relief in the City of Eagan. To show how badly the Ldn 65 understates noise impact, staff has indicated the McKee Addition and the Country Home Heights/Highview area on the attached contour map.These are perhaps the most severely and chronically impacted neighborhoods outside of South Minneapolis. The McKee Addition is excluded from the Ldn 65 and the Country Home Heights area is barely grazed. For that reason, it will be necessary to pursue an expansion of the remedial treatment area with the MAC. At Council direction, staff has previously discussed this issue with the MAC concerning the McKee Addition but the MAC has been reluctant to pursue the matter until the Part 150 Study receives approval by the FAA. The effect of a targeted program would be to permit the MAC to identify certain areas which, while outside of the Ldn 65 in 1992, could represent alternatives to continued high noise alternatives to continued high noise impact for severely impacted residents. Unfortunately, federal funds may only be used to provide relief within the 65 Ldn contour. Therefore, it may be necessary to pursue other funding sources if an expanded or targeted area were identified. Other MAC funds, potential revenues from differential landing fees and funds from the airlines have all been suggested as alternatives. As long as the airport operates at its current site, there will be noise impacted areas adjacent to it. Hopefully, with the increasing prevalence of quiet generation Stage 3 aircraft, the impact area will shrink to the point that the corridor is largely successful in absorbing future noise impacts. Certain neighborhoods immediately adjacent to the corridor, will continue to have noise impacts in the future and it may be appropriate to expand the previous Council direction to pursue mitigative alternatives for the McKee Addition to other neighborhoods adjacent to the corridor. Staff would strongly advise, however, that if March 29, 1989 Page Four such a direction were given, firm parameters be established either by use of a current noise contour or a state recognized descriptor to define a boundary within which such alternatives would be pursued. This would not only provide an objective standard for discussions with MAC but would define the area within which such relief would be pursued by the City rather than extending it to a broad area which receives occasional overflights. ACTION TO BE CONSIDERED ON THIS ITEM: If the Council is predisposed to either or both of these alternatives, it would be appropriate to refer them to the Airport Relations Committee for consideration at its April 11, 1989 meeting. Such referral could occur with or without conditions or direction from the Council. Depending upon Airport Relations Committee action on the 11th, the matter could come back for official Council action at its April 18, 1989 meeting. Please advise in this regard. www AsdJstant to the City Administrator Attachments TLH/JDH/jeh AGENDA REGULAR MEETING KAGAN CITY COUNCIL KAGAN, MINNESOTA MUNICIPAL CENTER BUILDING APRIL 4, 1989 6:30 P.M. I. 6:30 - ROLL CALL 6 PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES (BLUE) � A III. 6:40 - PRESENTATION TO "CASH FOR TRASH" RECYCLING WINNER (BLOB) IV. 6:45 - DEPARTMENT BEAD BUSINESS (BLUE) A. PUBLIC WORKS DEPARTMENT: P2 1. Grading Permit EX 18-189 (Seneca Wastewater Treatment Plant) - Extended Hours of Operation V. 6:55 - CONSENT AGENDA (PINK) p A. PERSONNEL ITEMS f (p B. LICENSE, Gambling, Application for Knights of Columbus #7604 Eagan, Pull -Tabs P 1at Richard's Food and Liquor C. SERVICE STATION PERMIT AND CIGARETTE LICENSE, For Yokum Oil Company, Inc., as Texaco Super Store, 1579 Cliff Road p. �0 D. CONTRACT 89-06, Approve Plans/Authorize Ad for Bids (Cliff Road Booster Pump) P 1 JOECONTRACT 88-26, Approve Plans/Authorize Ad for Bids (Daniel Drive - Streets ' and Utilities) F. CONTRACT 89-07, Approve Plans/Authorize Ad for Bids (Well #14) P ,�3 G -CONTRACT 89-10, Approve Plans/Authorize Ad for Bids (Well #15) H. VACATE DRAINAGE 6 UTILITY EASEMENT, Receive Petition/Order Public Hearing (Lots 3, 4 and 5, Block 1, Berry Ridge Addition) P. (5 I. PROJECT 544, Final Assessment Roll/Order Public Hearing (Streetlights - Drake Drive and Mallard Park 3rd Addition) Q (L J. FINAL PLAT, Laurent First Addition p.19 K. FINAL PIAT, Galaxie Cliff Plaza �Q a L. AUTHORIZE Pay Off of I.D.B. for Borchert Ingersoll y,�M. CONTRACT 89-12, Approve Plans/Authorize Ad for Bids (Tennis Court Construction, r Resurfacing and Fencing) Z<N. CONTRACT 89-09, Approve Plans/Authorize Ad for Bids (Johnny Cake Ridge Road - Streets and Trailway) VI. 7:00 - PUBLIC HEARINGS (SALMON) PZ1 A. VACATE PUBLIC RIGHT-OF-WAY, Egan Avenue (North of Vilas Lane to Pilot Knob Road) B. PROJECT 487R, Final Assessment Hearing (Braun Court - Streets and Utilities) %4 pP P't C. PROJECT 518, Final Assessment Hearing (Eagan High School - Utilities) l t{jD. VACATE PUBLIC RIGHT-OF-WAY, Auge Road (West of Lot 14, Treffle Acres) VII. OLD BUSINESS (GRAY) P �n. REQUEST TO AMEND Chapter 6 of Eagan City Code Regarding Masseur and Masseuse Licenses VIII. NEW BUSINESS (TAN) S` A. REQUEST (Blue Bell Ice Cream, Co. and Penguin Ice Cream) to Operate Ice Cream Trucks on Public Streets Within the City of Eagan ('3B. VARIANCE, Leo Amundson, 1470 Highview Avenue, Variance of 4' to the Sideyard Setback of 101, Lot 4, Block 4, Valley View Plateau 1 C. VARIANCE, Best Brands, Inc., 1765 Yankee Doodle Road, Variance of 1.618 to Pthe Maximum 358 Lot Coverage in a LI District 015D. CONDITIONAL USE PERMIT, Crown CoCo, Inc. (E-Z Stop Store), to Allow Retail F• Sales of 3.2 Beer in a GB (General Business) District Located at 4195 Nicols p Road in the SW 1/4 of Section 19 LVE. LICENSE, Non-Intoxicating Malt Liquor, Eagan E-Z Stop at 4195 Nicola Road � RV. CONDITIONAL USE PERMIT, Crown CoCo, Inc. (E-Z Stop Store), to Allow a Pylon Sign Located at 4195 Nicola Road in the SW 1/4 of Section 19 `G. WAIVER OF PLAT, Opus Corporation, to Combine 26 Lots in Eagandale Center Industrial Park #3 Into Two Parcels Located in the Southeast Corner of Lone Oak Road and Neil Armstrong Boulevard in the NW 1/4 of Section 11 p103 H. COMPREHENSIVE GUIDE PLAN AMENDMENT, Coventry Pass, Frontier Companies, To 1 Change Land Use Designation from IND (Industrial), P (Parks), and D-II (Mixed Residential) to D-II and P, REZONING of 122.4 AG (Agricultural) Acres to R-1 (Single Family) and a PRELIMINARY PIAT Consisting of 240 Lots Located East of Dodd Road and South of Wescott Road in the East 1/2 of Section 24 P13,SI. COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, and a REZONING of ' Approximately 64 R-4 (Multiple) Acres Within the Lexington South Planned Development to PF (Public Facilities) District Located at the SW Corner of Diffley Road and Lexington Avenue in the NW 1/4 of Section 26 and the NE 1/4 Q of Section 27 COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, and a REZONING of 11' Approximately 7.4 R-3 (Townhouse) Acres Within the Lexington South Planned Development to an R-1 (Single Family) District Located South of Diffley Road, East of Lexington Avenue in the NE 1/4 of Section 26 �0 K. COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, and a REZONING of P. Approximately 10.9 R-2 (Double) Acres Within the Lexington South Planned Development to an R-1 (Single Family) District Located Along the North Side of Wilderness Run Road, and East of Walnut Hill Park in the South 1/2 of Section 26 COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, and a REZONING of P' Approximately 1.5 R-4 (Multiple) Acres Within the Lexington South Planned Development to LB (Limited Business) Located North of Diffley Road and Along the West Side of Lexington Avenue in the SW 1/4 of Section 23 I%. ADDITIONAL ITEMS (GOLD) X. ADMINISTRATIVE AGENDA (GREEN) %I. VISITORS TO BE HEARD (for those persons not on agenda) F:4*4 MEMO TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 291 1989 SUBJECT: AGENDA INFORMATION FOR APRIL 4# 1989 CITY COUNCIL MEETING After approval is given to the April 4, 1989 agenda and regular meeting minutes for March 21, 1989, the following items are in order for consideration. The Mayor and Council will have the opportunity to present the first "Cash for Trash" award to the Kenneth Iverson family who live at 1565 Red Cedar Road. The Iversons have won this prize as a result of having their recyclables on the curb on Monday, March 27, 1989 when their address was chosen. The prize total of $300 resulted from the addresses chosen in the previous two weeks failing to have their recyclables out. The prize check in addition to HERO hats and buttons will be presented to the Iversons by the Mayor and Council and a brief photo opportunity will be available for the press. It is also anticipated that the Iversons will be present shortly before the Council meeting to allow the Council members an opportunity to meet them before the presentation. Agenda Information Memo April 4, 1989 City Council Meeting A. PUBLIC WORKS Item 1. Seneca WWTP Grading Permit - Request For Extension of Working Hours --Enclosed on page is a letter staff received from the contractor performing the grading for the Seneca Wastewater Treatment Plant (WWTP). The contractor is requesting that the hours of operation allowed by the Ordinance (7:00 a.m. to 7:00 p.m.) be extended to allow the work to be performed between 6:00 a.m. and 10:00 p.m. A representative of the contractor will be in attendance at that meeting to further discuss the details associated with this request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny a variance to the hours of operations for excavation/grading permit #18-189 (Seneca WWTP). Ensan consTRucTIon company March 17, 1989 P.O. Box 458 . Northfield, Minnesota 55057 . 507-645-8962 612-333-1307 ��ElyEO MAR ? Mr. Tom Colbert City Engineer 3795 Pilot Knob Road Eagan Minn. 55122 Re: Seneca Waste Water Treatment Plant site preparation. Dear Mr. Colbert; We would like to request the approval of extended working hours on the Seneca Waste Water Treatment Plant. We ask that working hours be extended to allow work on the project from 6:00 AM to 10:00 PM . This would allow us to run two shifts at the project. The work during the extended hours would be as follows: A. A scraper haul from the Seneca Plant northeasterly to the MSA property along and parallel to the Chicago Northwestern Railroad right of way across the MWCC property. B. A truck haul from the Seneca Plant out to Highway 13 and then to various dump sites, one being the MnDOT topsoil storage yard at the southeast corner of Highway 13 and Cedar Avenue. We do not anticipate hauling through any residential areas of Eagan during the hours of 7:00 PM and 10:PM. We ask that the request for extended working hours remain in effect until the completion date of the Seneca project which is June 22, 1969. Thank -you for your close attention and consideration of our request. Please feel free to call for any further information or possible problems concerning this request. Respectfully, Sava R. W -U, Project Manager .raoJ41*1 4r */-Y-If Ce_,% 3 An Equal Opportunity Employer" Agenda Information Memo April 4, 1989 City Council Meeting There are fourteen (14) items on the agenda referred to as Consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. A. PERSONNEL ITEMS Item One: Park Maintenance Worker -- Over 300 applications were received for this position. After screening of the applications, 43 candidates were invited to the Eagan Municipal Center for a written examination. From this field, eleven candidates were interviewed and given practical tests on Wednesday, March 29. Interviews were held by Director of Parks and Recreation Vraa, Park Superintendent VonDeLinde, Park Maintenance Supervisor McGuffee and Assistant to the City Administrator Duffy. References are currently being checked. It is anticipated that the name of the candidate who is recommended for hire will be forwarded to the City Council with the administrative packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a candidate to be named Monday as a Park Maintenance Worker, subject to successful completion of the City's physical examination requirement. Item Two: Seasonal Park Maintenance Workers — It is the recommendation of Park Superintendent VonDeLinde that the following persons be hired as seasonal workers for the City of Eagan: Park Technician Intern: Weed Inspector: Forestry Technician: Ballfield Attendant: Park Attendant: Park Maintenance (seasonal): Kathy Dybiec Lu Ann Johnson Patrick Robertson Timothy McGlade Suzanne Johnson Joe Leitner Roy Newland Jill Ryan Nick Sennis Arvilla Tinker Kenneth Wilson ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the above named persons as seasonal workers for the Park and Recreation Department. 1 Agenda Information Memo April 4, 1989 City Council Meeting PERSONNEL ITEMS CONT'D: Item Three: Zoning Administrator/Planner — Approximately 35 applications were received for this position. After review, six candidates were selected for an interview with Director of Community Development Runkle, City Planner Sturm, and Assistant to the City Administrator Duffy. The interviews were held on Friday, March 31. It is anticipated that the name of the candidate who is recommended for hire will be forwarded to the City Council with the administrative packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a candidate to be named Monday as a Zoning Administrator/Planner, subject to successful completion of the City's physical examination requirement. Agenda Information Memo April 4, 1989 City Council Meeting B. Gambling License for Knights of Columbus for Pull -Tabs at Richard's Food and Liquor --The Knights of Columbus are requesting a gambling license renewal for Richard's Food and Liquor to be effective April, 1989. The Minnesota Valley Exchange Club, an Eagan service organization whose theme is the prevention of child abuse, made a decision not to pursue a gambling license application at Richard's Food and Liquors. The gambling license renewal application is under review by the Police Department, which will be completed by the City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEMS To approve the gambling license renewal application for Knights of Columbus #7604 Eagan, for pull -tabs at Richard's Food and Liquor. M. Agenda Information Memo April 4, 1989 City Council Meeting SERVICE BTATION PERMIT AND CIGARETTE LICENSE TOWN OIL COMPANY, INC. C. Service station Permit and Cigarette License for Yokum oil Company, Inc. as a Texaco super Store --An application was received from the Texaco Super Store located at 1579 Cliff Road, adjacent to Thomas Lake Center for a service station permit and cigarette license under the name Yokum oil Company. At the August 2, 1988 City Council meeting, a conditional use permit was approved for the Yokum Oil Company to construct the service station at the aforementioned location. The station is now complete and they are anticipating an April 20 opening date. For additional information on this item, refer to the service station and cigarette license applications as presented on pages and ACTION TO BE CONSIDERED ON THIS ITEM: To approve service station permit and cigarette license permit for Yokum Oil Company, Inc., for the Texaco Super Store. CITY OF EAGAN 3830 Pilot Knob Road For the Period Eagan, MN 55122 A , (612) 454-8100 J*, Hari! y - June, 30, 198 9 SERVICE STATION PERMIT TRAILER PERMIT YOLUM OIL Com PAN y IAVC. hereby submits application for a X Service Station Permit ($50.00) Trailer Permit ($25.00) Name of Applicant __ YO C U M OIL C O M P R N Y 7 NC. Street Address 2719 STILL I.UATE R 8DAD City, State, zip 51- PATI L M I NN 5 119 Telephone Number 7 39 - 9 / g / Location of station or trailer if different from above address: YDCUM OTL CoivirRNY TEX/;CC) SUPCR S -to BE /C;74 CLIFF irDl9D -ERGRN 119INN. 56/0?a MAKE CHECK OUT TO: CITY OF EAGAN IN THE AMOUNT OF PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. PLEASE RETURN YELLOW COPY WITH PAYMENT. RETAIN THE WHITE COPY FOR YOUR FILES. FOR OFFICE USE: Receipt Amount Received Dale of Receipt City Council Approval Date 3830 Pilot Knob Road CITY OF EAGAN 454-8100 P.O. Box 21-199 APPLICATION FOR LICENSE Eagan, MN 55122 I, `(OCULYI OTL- COMPHNY ?NC, hereby make application for CXG1198ETTE name License for the year aq fram.the city of Eagan. ®YQCUra OSL COMPANY INC. .77!1 5TILLWOTER ROflb © YOGVh\ 61L. COMPFlNy--- ST, PAUL ®M1NN I= 5!;119 — 7"EX ACD SUPER SNORE 0016111 /$7e? CLZFF-ITDHD ® EAG RN ® MINN ?. • OFFSCE 739-glLll .59-oRE 4137-95-70 If corporation or partnership: Name a address of partners or corporate officers: IJNTHavY Yocum PRFSIDF-N-r a70 5771-1-WATE HORD \1 �G i�r•rAle-m�Arf,f IhCnTlpn O�I(,ae o•rfi{Lvr /� Municipalities presently licensed: M R PL. E W O O D Municipalities which have denied licenses to applicant - Wei: 121 Blum MOM W 21261MADININ11aft 1. PLUMBING a CESSPOOL INSTALLER a OUTSIDE SEWER a WATER CONNECTIONS 2. WATER SOFItW LICENSE 3. WELT, DRILLERS LICENSE 4. RUBBISH HAULERS LICENSE 5. _.Z,_CIGARETTE LICENSE MN Master Plumbers License R $2000.00 Bond a Certificate of Insurance. State Insurance No. State Bond No. State Water Cond. Contractors License. No. $2000.00 Bond a Certificate of Insurance. MN State License A $2000.00 Bond a Cer is ee o nsurance. $40.00 First Truck, $20.00 each additional truck. $2000.00 Bond a Certificate of Insurance. ENCLOSE SCHEDULE OF RATES ALSO. $25.00 a year each machine. NUMBER OF MACHINES O V E fi Co u N T ER 6. KENNEL LICENSE $50.00 Initial A $25.00 Renewal. MAKE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a Calendar year period Jan. -Dec. and there is NO PRORATED F on any license. Licenses will be issued to individuals or firms who are qualified for the particular license applied for. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalities, the license of any applicant may be revoked. OFFICE USE ONLY: LICENSE NO. DATE ISSUED: Agenda Information Memo April 4, 1989 City Council Meeting APPROVE PLANS/AUTHORIZE BIDS/CLIFF RD BOOSTER PUMP D. Contract 88-06, Approve Plans/Authorise Ad For Bids (Cliff Road Booster Pump) --On March 21, the City Council received the report for Project 531 -II discussing concerns associated with maintaining adequate water supply and pressure. to the high pressure zone in the south end of the City as a result of the reconstruction of Lexington Avenue (County Road 43). Because of the tight time frame associated with ordering and manufacturing the appropriate pump, the City's consulting firm of BRAA have completed the detail plans associated with installing a 1,000 GPM booster pump in the Cliff Road booster station. These plans are now being presented to the Council for consideration of authorizing the competitive bid solicitation process. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 89-06 (Cliff Road Booster Pump) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Wednesday, April 12, 1989. APPROVE PLANS/AUTHORIZE BIDS/ DANIEL DRIVE E. Contract 88-26, Approve Plans/Authorise Ad For Bids (Daniel Drive - Streets 6 Utilities) --With the recent acquisition of the necessary property from HUD, the City will now be able to provide the required public right-of-way and utility easements necessary to allow the completion of Daniel Drive as required for the Lexington Pointe development on the south side of County Road 30 across from Northview Elementary School. These plans have been completed and are being presented to the Council for approval and authorization to advertise for competitive bids. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans for Contract 88-26 (Daniel Drive - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, April 28, 1989. l -Z) Agenda Information Memo April 4, 1989 City Council Meeting APPROVE PLANS/ADTEORISE AD/WELL #14 F_ Contract 89-07, Approve Plans/Authorise Ad For Bids (Well #14) --On March 21, the City Council authorized the preparation of plans and specifications for the development of Well #14. These plans have now been completed and are being presented to the Council for their consideration and authorization to advertise for competitive bids. Enclosed on page is a map showing the location of this well to be developed during 1989 in order to meet the anticipated demand in 1990. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 89-07 (Well #14) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Wednesday, April 26, 1989. • vr• .4 a .► �. .. I N - IV/ J anal • m. w rn.. i W �-tel; EVERGREEN oil �+ PARK ow 17 emr surrox .se mo_ �� ,7 xo l �!"'• ITE ,. . OMAS 1' T i 4 1, Poxo LAKEPARK fop N �I 7 ••wd r N^ *4 A5 k IMF I � IIy� �.�s° . •• ( • WELL /0N SITE tandard City Of BAQan WELL SITE NO. 14 approved: plate C PUBLIC - - - WORKS DEPARTMENT Agenda Information Memo April 9, 1989 City Council Meeting APPROVE PLANE/AUTHORIZE AD/WELL #15 G. Contract 89-10, Approve Plans/Authorize Ad For Bide (Well #14) --On March 21, the City Council authorized the preparation of plans and specifications for the development of Well #15. These plans have now been completed and are being presented to the Council for their consideration and autho lzation to advertise for competitive bids. Enclosed on page is a map showing the location of this well to be developed during 1989 in order to meet the anticipated demand in 1990. ACTION TO BE CONSIDERED ON THIO ITEM: To approve the plans for Contract 89-10 (Well #15) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Thursday, April 27, 1989. 13 . t f PAw' G Z uuriLn mfit- e eR X rn. w 4w• i OP•' wile. ♦ EVERGREEN PARKf INK STATION010 It' •ee`' wr-. ATE r MAS e. HO ' ,.. ;14 I LAKE PARK 'All LIP - .,,�. 0 �: � ,.._ � - •'. .oil ;-. r. ' N- �- ;1/0 .. .;.. SITE JL om city of eagan WELL SITE NO. 15 approved: standard plate:. PUBLIC WORKS I DEPARTMENT 1 Agenda Information Memo April 4, 1989 City Council Meeting VACATIONfORDER PUBLIC HEARING H. vacate Drainage i Utility Easement, Receive Petition/Order Public Hearing (Lots 31 4 i 5, Block i, Berry Ridge Addition) -- Staff has received a request to vacate a portion of the drainage and utility easement located over the above -referenced lots. The water main protected by this easement has since been relocated to the newly established common lot lines as a part of the Berry Ridge Addition replat. Therefore, with all application materials being submitted, it is appropriate to schedule the public hearing to receive formal comments regarding this petition. ACTION TO BE CONSIDERED ON THIS ITEN: To receive the petition to vacate drainage and utility easement (Lots 3, 4 & 5, Block 1, Berry Ridge Addition) and schedule a public hearing to be held on May 2, 1989. FINAL ASSMT ROLWORDER PUBLIC HEARING I. Project 544, Receive Final Assessment Roll/Order Public Hearing (Street Lights - Drake Drive & Mallard Park 3rd Addition) --City staff has prepared the final assessment roll for the above - referenced project and is recommending that the City Council consider scheduling the formal final assessment hearing to present the final costs to the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 544 (Drake Drive and Mallard Park 3rd Addition - Streetlights) and schedule the public hearing to be held May 16, 1989. IS Agenda Information Memo April 4, 1989 City Council Meeting FINAL PLAWLAURENT IST ADDITION J. Final Plat Approval/Laurent lot Addition --The staff has received an application for final plat approval for the Laurent 1st Addition located sou of Golden Meadow Road as shown by the map enclosed on pageAll conditions placed on the preliminary plat approva by Council Action on May 5, 1987, with an extension to June 1, 1989, have been satisfactorily complied with. All final plat application materials havae been submitted, reviewed by staff and found to be in order for satisfactory Council action. ACTION TO SR CONSIDERED ON THIS ITEM: To approve the final plat for Laurent lot Addition and authorize the Mayor and City Clerk to execute all related documents. /G LAURENTan a r r LOCATION YAP sEc zi, TNF. zr, WE. a .rwhow Z 1 I.�tt t I sa "EXHIBIT A"In FIRST ADDITION aGtpZt: a rr ... f�� •a �', i a 1 pCW ■ ILLT r worn llr of tlwxxl/. et pee. as. Yup. ]l, Pqe. 21 N eu,sa N rwe Wrin, of rem e9 de7reee fe nlnvtu M eeca,e. ret. O rwNp 1/2 loth 'ty. 14 1neE lrm� plq dent Mt via plutic up Wltl: •qy 0625•. mlu.. etrYiilM nwa. e rwoe [veva 1me pi" DELMAR H. SCHWANZ LAND SURVEYORS INC. relrq etl w111tY eeesnN ue tren N«, ru,! !toe N +taco.' «tett etrnite ltllcnttl "M�tl101nlnf let llwe. etl 10 a«e to elatn etl tl1e10lnp p[mt it.., n ene.N« er plu. I� a ai tY SUN SET TADDITIONk HIRD S 1 IsV — aalaasrd f4 - fl}" — '1 0Aw" mart u"vp; p«I' \ •. Lg�_� ._ oar 7761ipfM ..-. J JIM 00 I � J wrN .rwhow "EXHIBIT A"In FIRST ADDITION aGtpZt: a rr ... f�� •a �', i a 1 pCW ■ ILLT r worn llr of tlwxxl/. et pee. as. Yup. ]l, Pqe. 21 N eu,sa N rwe Wrin, of rem e9 de7reee fe nlnvtu M eeca,e. ret. O rwNp 1/2 loth 'ty. 14 1neE lrm� plq dent Mt via plutic up Wltl: •qy 0625•. mlu.. etrYiilM nwa. e rwoe [veva 1me pi" DELMAR H. SCHWANZ LAND SURVEYORS INC. relrq etl w111tY eeesnN ue tren N«, ru,! !toe N +taco.' «tett etrnite ltllcnttl "M�tl101nlnf let llwe. etl 10 a«e to elatn etl tl1e10lnp p[mt it.., n ene.N« er plu. I� a ai tY SUN SET TADDITIONk HIRD S 1 IsV — aalaasrd f4 - fl}" — '1 0Aw" mart u"vp; p«I' \ •. Lg�_� ._ oar 7761ipfM ..-. J JIM 00 I � J Z 1 t I sa =e IO1 eQOI Wlx LSOI x.MI ffG pgl�l fY, pptO S!: i;;lytEK RLA::E . eane«et. Mn dallrvryent cent d« and tsueNY mtutl NN � aeY of • 1 9_ COOntY. lwq. rtau wwtY• xln«wN ppe«em xu.Nt I Oengnrtl[y that enb Inetr,o twt Intl Ln the e[tlne of trCewtY eemrMr [et ..enaw thinthin_ do, of at o'clock _.x., and wtau:Y r erdea ln. reY � of r q!c RECEIVED MAR 2 8 X89 "n""' ""N `°�""' xlnNw". Agenda Information Memo April 9, 1989 City Council Meeting FINAL PLAT/GALASIE CLIFF PLAZA K. Final Plat Approval/Galaxie Cliff Plaza --The staff has received an application for final plat approval for the Galaxie Cliff Plaza Addition located between Galaxie Avenue and. - n I -35E, south of Cliff Road as shown by the map enclosed on page _M. All conditions placed on the preliminary plat approval by Council action on September 6, 1988, have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for satisfactory Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Galaxie Cliff Plaza and authorize the Mayor and City Clerk to execute all related documents. 1 1+ Y a �Y in._3LIN]AV 1°. ` N!H at� °L90 11.02 °. I ��i \ • :. L _ re 6� \ t0 it jj W ...� O aur •-•. tt `G! � �` S' too 0 a - I DM v leo Y 0 f.� 1Y i p O b � Atl 1 1 4- (I a ,1 1 .40 pe m.��� 11 L � \� Lis ',. s H �k IAI eei .p :ii\ � �♦ a R Agenda Information Memo April 4, 1989 City Council Meeting L. Authorize Payoff of IDH for Borchert Ingersoll --The City authorized industrial development revenue bonds for the Borchert Ingersoll development in 1974. As a part of that action there were a number of agreements entered into by the City of Eagan such as 1) limited warranty deed, 2) termination of lease, 3) certified copy of resolution authorizing sale, and 4) termination of financing statement. The Director of Finance has been notified by 'Borchert Ingersoll that they intend to sell their property and as a part of the sale the bonds will be paid in full at the time of closing. This item has been reviewed at the City Attorney's office and the City Attorney concurs that it would be appropriate for the City Council to approve the resolution authorizing the sale. This action should be subject to the City Attorney and Director of Finance/City Clerk review and satisfaction that the necessary documents have been prepared by Borchert Ingersoll and are in'order :for execution. Attached on pages I through .2.L is a letter from legal counsel representing Borchert Ingersoll that addresses the items that are needed from the City of Eagan in order to complete the sale transaction on behalf of Borchert Ingersoll. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution authorizing the sale subject to the City Attorney and Directorof Finance/City Clerk reviewing all the documents and concurring that they are in order for execution. OpPa4mmm WoLFF a DoNNEuy First Bank Bui t Swte 1700 St. Paul, MN 55101 (612)2237500 IWOL 7016n FAX (612) 224-7501 March 21, 1989 Mr. Gene Van Overbeck City Clerk City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Bfucs& ChkAgo mnn"POKS WW YOfk ME S4 Paul Nhshington. D.C. Re: Our Client: 80rahert-In9ers0ll, Iaoorporatsd Dear Mr. Van Overbeck: Please be advised that we represent Borchert -Ingersoll, Incorporated in connection with its sale of property legally described as Lot 1, Block 2, and Lot 1, Block 1, Borchert -Ingersoll Inc. 1st Addition, Dakota County, Minnesota. We are enclosing for your information a copy of the title commitment covering the foregoing property. As indicated in the title commitment, the following items are needed from the City of Eagan in order to close: 1. Limited Warranty Deed to Borchert -Ingersoll, Incorporated; 2. Termination of Lease; 3. Certified copy of resolution authorizing sale; and 4. Termination of Financing Statement. The mortgage and indenture of trust dated November 1, 1974 in favor of Northwestern National Bank of Ninneapolis, now known as Norwest Bank Minneapolis, National Association, will be paid in full at the time of closing. It is my understanding that the next council meeting is scheduled for Tuesday, April 11, 1989, and that this matter can be placed on the agenda for that meeting. a( ��lii�►1.17_u17� ,�� 7 � �i�.►l►I� __ Mr. Gene Van Overbeck March 21, 1989 Page 2 If you have any questions or need any further information, please call. Thank you for your assistance. NLG:lp Enclosure cc: Lowell Anderson Theodore J. Meyer Agenda Information Memo April 4, 1989, City Council Meeting M. Contract 89-12, Approve plane/Authorise Advertisement for Bids (Tennis Court Construction, Resurfacing and Fencing) --The plans for tennis court construction, resurfacing and fencing for Northview Athletic Park, Bur Oaks Park, Lexington Park, Highview Park and Country Home. Park are in order for consideration. This project would comprise construction of a number of new tennis courts and softball fields as well as overlayscolor coats of existing tennis courts. Enclosed on page . � for your review is a memorandum from Director of Parks and Recreation Vraa detailing the specific elements of the improvement being proposed. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plans for Contract 89-12, tennis court construction, resurfacing and fencing, and authorize an advertisement for bids to be opened on April 27, 1989. �3 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR 10ROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: NARCH 27,1989 RE: AUTHORIZATION FOR ADVERTISEMENT OF PUBLIC BID FOR IMPROVEMENT CONTRACT 89-12 Staff requests City Council authorization for advertisement of public bid for Improvement Contract 89-12. The scope of work is as follows: 1. NORTHVIEW ATHLETIC PARK: *Construction of 10/11 tennis court complex. *Construction of fencing for 3 softball fields. 2. BURR OAKS PARK: *Construction of one double tennis court. 3. LEXINGTON PARK: *Overlay and color coat of an existing single tennis court. 4. HIGHVIEW PARK *Overlay and color coat of an existing single tennis court. S. COUNTRY HOME PARK: *Overlay and color coat of an existing single tennis court. Funding for the contract is from four different sources; School District #196 will provide reimbursement up to $192,000 for tennis courts at Northview along with the Park Site Fund. The Bond Fund for tennis courts at Burr only; and the operational budget for the resurfacing/maintenance of existing tennis courts at Lexington, Country Home and Highview Parks. TIME LINE: April 4, 1989 -------Approve plans and specifications/public advertisement April 27, 1989 ------Bid opening May 2, 1989 ---------Council award Project 89-12 Nay 8, 1989 ---------School Board approval FOR COUNCIL ACTION: To approve the plans and specifications for Contract 89-12 and advertise for bids. a4 Agenda Information Memo April 4, 1989 City Council Meeting N. Contract 89-09, Approve Plans/Authorise Ad for Bids (Johnny Cake Ridge Road - Street and Trailrap)--The final plans for trailway improvements to Johnny Cake Ridge Road north of Cliff Road are in order for consideration. The Engineering Department has held informational meetings with residents who were impacted by the proposed improvements to discuss the trail alignment as it relates to their property. Due to the existing topography, fences, street lights, mature trees, shrubs and other vegetation, the trailway will meander between a minimum of 8' to a 12' standard along Johnny Cake where there are existing single family or quadraminium housing units. North of the existing housing development and the location at which Johnny Cake Ridge Road will be widened and extended to Diffley Road during 1989, the trail will be set back as far as 7 feet from the right-of-way line and in no case less than 81. By reducing the trail to a minimum of 8' in the existing residential areas a higher level of existing aesthetics will be maintained, adjacent residents will receive less impact to their property and construction design will be less complex if the City blends the trail into the existing topography. If Johnny Cake Ridge Road is widened four feet on each side in the future the City would only retain four feet for snow stacking and if the City provides trailway snow removal, maintenance could be more difficult at that time given the small setback. Although not desirable for maintenance purposes, the City has such trailways on Pilot Knob Road which are less than eight feet from the curb line. The places where the 8' minimum setback is compromised are in areas with insufficient right-of-way. The City staff is recommending as a part of the final plans and specifications that mature trees be transplanted as a part of the project cost with an understanding that the City will not be responsible for any liability or damage that may be caused to the trees given the shock a tree may receive once it is relocated. The major tree relocation is the Henry Jandewerth property located at the intersection of Walnut Lane and Johnny Cake Ridge Road. There may be one or two other isolated cases, however, many of the trees and shrubs are new and the property owner has agreed to move them at his or her own expense. The City staff will have a copy of the trailway alignment as it relates to Johnny Cake Ridge Road available for inspection by the City Council if any member should desire to have this removed from the Consent Agenda and reviewed. Agenda Information Memo April 4, 1989 City Council Meeting ACTION TO BE CONSIDERED ON TRIS ITEMS To approve the final plans for Contract 89-09, Johnny Cake Ridge Road - street and trailway improvements and authorize an advertisement for bids at 10:30 a.m. on May 11, 1989. Agenda Information Memo April 4, 1989 City Council Meeting VACATE PUBLIC RIGHT-OF-WAY/BRAN AVE A. Vacate Public Right -of -Way, Egan Avenue (North of Viiaa Lane to Pilot Knob Road) --On March 7, the Council received a request from staff to proceed with the public hearing to consider the vacation of abandoned public right-of-way resulting from the upgrading of Pilot Knob Road when Egan Avenue was realigned to present intersection with Pilot Knob Road. Enclosed on page ..Z is a map and legal description identifying the area proposed to be vacated. All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. Due to the existence of several private and public utilities within this alignment, it is recommended that a utility easement be retained over the entire width but that the public right-of-way be vacated allowing it to be incorporated into the legal descriptions of the adjacent properties. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of public right-of-way for Egan Avenue (north of Vilas Lane to Pilot Knob Road) and, if approved, authorize the Mayor and City Clerk to execute all related documents. a� 3 a xwl -k - ---11:.00 -- AVENUE T 7 :.1 All that part of Egan Avenue lying northerly of the following described line: Commencing at the northerly corner of Lot 11, Block 8, Country Home Heights Addition, Dakota County, Minnesota, according to the recorded plat thereof, thence northwesterly, at right angles to the northwesterly line of said Lot 11 to the northwest right-of-way line of Vilas Lane and the point of beginning, thence southwesterly along the prolongation of said northerly right-of-way, parallel to the centerline of Vilas Lane to the southwesterly right-of-way line of Egan Avenue and there terminating. .- r41 AVALON R MW — - 528 - -- -- -- 73 �� 01051020.51 jg� `� •i: �,- 028 5U 71m 01. _� u O a_ 2 4 3 a xwl -k - ---11:.00 -- AVENUE T 7 :.1 All that part of Egan Avenue lying northerly of the following described line: Commencing at the northerly corner of Lot 11, Block 8, Country Home Heights Addition, Dakota County, Minnesota, according to the recorded plat thereof, thence northwesterly, at right angles to the northwesterly line of said Lot 11 to the northwest right-of-way line of Vilas Lane and the point of beginning, thence southwesterly along the prolongation of said northerly right-of-way, parallel to the centerline of Vilas Lane to the southwesterly right-of-way line of Egan Avenue and there terminating. .- r41 Agenda Information Memo April 4, 1989 City Council Meeting FINAL ASSESSMENT HEARING/BRAUN COURT B. Final Assessment Hearing (Braun Court) - Streets i Utilities)- -On March 7, the Council received the final assessment roll for the above -referenced project and authorized a public hearing to be held on April 4 to discuss the certification of costs associated with the installation of streets and utilities within Braun Court as necessary to provide service to the Harvey's Heritage Addition and other adjacent existing property owners. Enclosed on page is a summary tabulation of that final assessment roll showing e final costs as compared to those estimated in the feasibility report presented at the most recent public hearing held on October 6, 1987. Before this project would be approved by Council action, it was necessary to get concurrence from all affected property owners regarding their willingness of participatio and met�ho.4 of allocation of final costs. Enclosed on pages � —� is a copy of that agreement along with the comparison of the estimated cost to the final cost contained in the final assessment roll. A group meeting was held with all affected property owners on March 17, 1989. Enclosed on page AL is a letter sent to the affected property owners after that meeting informing them of staff's inability to adjust any costs prior to the final assessment public hearing. Although it appears that the final assessment costs significantly exceed the estimate contained in the feasibility report, they result from the following two major items: Construction Costs 1. Poor subsoils were discovered requiring additional excavation in the placement of good fill material to build a 7 -ton residential street. 2. Additional storm sewer facilities had to be installed at the intersection with Drexel Court to ensure proper drainage of this new intersection. Overhead 1. Several public hearings were held requiring additional research and design to achieve a design and cost allocation method acceptable to all parties. 2. The project was studied twice at the feasibility report stage and rebid three times prior to awarding a contract. 3. Due to extensive concerns raised by property owners during construction, considerable additional time had to be expended by the consultant in trying to work with the property owner's concerns. ao� Agenda Information Memo April 4, 1989 City Council Meeting The Public Works Director will be available to discuss in further detail these and any other concerns that may be presented at the public hearing on April 4. ACTION TO BE CONSIDERED ON TRIO ITEMS To close the public hearing and approve/modify the final assessment roll for Project 487R (,Braun court) streets &. Utilities) and if approved authorize the certification to the County. Also enclosed on pages 3(p through (JC) are letters from residents objecting to the proposed assessments. V C) FML ASSRSSNRMT MEANING PROJECT NUMBER: 487R SUBDIVISION /AREA $ BRAUN COURT UTILITY 8 STREET IMPROVEMENTS FINAL ISSESSMENT REARING$ APRIL 4, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSEDI F.R. = Feasibility Report NUMBER OF PARCELS AFFECTEDI 8 NUMBER OF YEARS ASSESSEDI 15 BATE OF INTERESTI 9.0% TOTAL AMOUNT ASSESSED: ;72,549.59 (F.R. = $53,259) TOTAL AMOUNT CITY FINANCED$ $0.00 CONSTRUCTED UNDER CITY CONTRACTS$ 88-06 PUBLIC BEARING DATE$ October 20 1987 COMMENTS$ The overrun in street costs was caused by the unexpected need to subgrade correct poor soil material at the intersection of Braun Court and Drexel Court. The cost overrun for the storm sewer was the result of additional catch basins and pipe required to provide proper drainage at the Braun Court/Drexel Court intersection without having to warp the street. An additional cause of the cost overrun in this project is the fact that the overhead for the project is 51.8438%. 3� FINAL F.R. FINAL F.R. NITER RATES RATES SANITARY R►TES RATES ❑Area ❑lrea ❑ Laterals ❑ Laterals ®Service $IJ97.58/lnt 11.808/10t 0service Combined with water Service ❑ Lat. Benefit/ ❑ Lat. Benefit/ Trunk Trunk ❑NAC STREETS STORM ❑Gravel Base ❑ Area ®Surfacing $7.130-511/ 35 147/I0t QX Lateral $2,021.163/ 41-170/int lot equiv. equiv. lot equiv. equiv. ❑Rea. Equiv. NUMBER OF PARCELS AFFECTEDI 8 NUMBER OF YEARS ASSESSEDI 15 BATE OF INTERESTI 9.0% TOTAL AMOUNT ASSESSED: ;72,549.59 (F.R. = $53,259) TOTAL AMOUNT CITY FINANCED$ $0.00 CONSTRUCTED UNDER CITY CONTRACTS$ 88-06 PUBLIC BEARING DATE$ October 20 1987 COMMENTS$ The overrun in street costs was caused by the unexpected need to subgrade correct poor soil material at the intersection of Braun Court and Drexel Court. The cost overrun for the storm sewer was the result of additional catch basins and pipe required to provide proper drainage at the Braun Court/Drexel Court intersection without having to warp the street. An additional cause of the cost overrun in this project is the fact that the overhead for the project is 51.8438%. 3� BRAUN COURT - STREETS i UTILITIES PARTIES: Henry i Adonna Braun, Lot 1, Block 1, Braun Sunrise Mary Braun , Parcel 10-01500-010-52 Leonard 6 Kathleen Walz, Lot 2, Block 1, Braun Sunrise Wayne a Deborah Cordes, Parcel 10-01600-040-79 City of Eagan, called "City" DATED: March -ZS" , 1988 RECITALS: Addition Addition 1. The City of Eagan, Minnesota received a petition for the installation of street surfacing including concrete curb and gutter, grading and restoration, storm sewer and sanitary sewer and/or water service installations. 2. It has been requested of the above parties that the City perform these improvements and finance the costs through Special Assessments against the benefitting properties. 3. The City has prepared a Feasibility Report for City Project 487R, presented at a public hearing on July 7, 1987, which describes the extent of the proposed improvements with estimated costs and proposed method of special assessment calculation and allocation. 4. The City has agreed to perform this work and finance it through special assessments subject to all affected property owners agreeing to the method and amount of final assessment costs prior to award of contract by the City. 5. Based on comments received from several of the above parties at previous public- hearings and private discussions, the City has prepared a "Revised Summary Preliminary Assessment Roll", dated 10-6-87, attached as Exhibit "A" to this agreement which estimates the special assessment allocation to the various property owners on a "Lot Equivalent" basis. 6. These estimated costs contained in the Feasibility Report will be revised based on final construction quantities and unit prices obtained through an advertised competitive bidding process plus related overhead expenses incurred by the City. 7. The City and affected property owners agree that if the solicited bids for the total cost Report's estimated construction cos any participating property owner request a readvertisement for new support and financial participation. 3a exceed the Feasibility t by more than 10%, then reserves the right to bids or withdraw their If any of the other remaining property owners do not agree to a method of their financing 100% of the project's total / cost, then the City reserves the right to cancel the project. The original petitioners hereby agree.to reimburse the City for all costs incurred at that time. 9. This Agreement shall be governed by the laws of the.State cf Minnesota and shall be enforceable and binding on the parties and their heirs, legal representatives, successors and assigns. 10. This Agreement shallbe recorded with the Dakota County Recorder and the owner shall provide all documents necessary for the recording thereof. IN WITNESS WHEREOF, the parties have signed this agreement on the date so. referenced. CITY OF EAGAN PROPERTY OWNERS Approve s to Conten : 1. Lot 1,, Block 1, Braun Sunrise Addn. -..:......J � �Jt' � 7' SZfT a•�T �iY✓).�� �.G�/C-�iG72_ �'j J .�� rect r of Putt3,,i Works/Date Henry B un Daae c / A548 b. C� IIJ Ma ort /Date Adonna Braun fDate /'4af 2.. Parcel 10-01500-010-52. WC)?e-rk /Date / Ma Brffiuh /DatF- 7T 3. Lot 2, Block 1, Braun Sunrise Addn. Leonard Walz r to b• 2 , Y/�Z Kathleen lz Zate 4. Farce 10-016 0-040-79 a ./ 3%/ Wayn Cordes /Date b. (, 1:x,.4% \ ewt f..� / g Deborah. Cordes /Date 33. With Access by Parcel 040-79 (Cordes) PRELIMINARY ASSESSMENT CALCULATIONS BRAUN COURT STREET IMPROVEMENT 2ND REVISION 10-6-87 A. STREET Parcel Lot Equiv. Assess. Rate/ Total Assess.. Descriotion (L.E.) L.E. Prel, Final Prel, Final I -RAVO U &MR13 99 WI l 117 d lo) 5 3�- Lot 1, Block 1 2 $5,147 $7,130.51 $10,294 $14,261.02 Lot 2, Block 1 1 5,147 7,130.51 5.,14.7 7,130.51 SE 1/4, SECTION 16 Parcel 040-79 1 5,147 7,130..51 5,147 7,130.51 SW 1/4, SECTION ;15' Parcel 010-52 3 5.,147 7,130.51 15.441 21.391_53 TOTALS 7 $36„029 $49,913.58 B. SERVICES BRAUN SUNRISE ADDITION Lot 1„ Block .1 1 1,808 1,697.58 1,808 1,697.58 SW 1/4s, SECTION 15 Parcel 010-52 4 1,808 1,691.58 7.232 6_790.32 TOTALS 5 $9,040 $8,487..91 C. STORM SEWER a. Assessments based on lot equivalents (1008 of storm sewer project cost.) BRAUN SUNRISE ADDITION Lot 1, Block 1 2 $2.,340 $4,042.33 Lot 2, Block 1 1 1,170 2,021.16 SE 1/4, SECTION 16 Parcel 040-79 1 1„170 2,021.16 SW 1/4, SECTION 15 (PROPOSED HARVEY'S HERITAGE ADD) Parcel 010-52 3 3..510 6.063_48 TOTALS 7 $8,190 $14,148.14 3�- OF 3830 PILOT KNOB ROAD. P.O. BOX 21199 VIC ELLISON EAGAN. MINNESOTA 55121 MOM PHONE: (612) 454-8100 THOMAS EGAN March 21, 1989 DAVID K GUSTAFSON PAMELA MCCREA Re: Project 487R, Braun court streets a Utilities THEODORE R Final Assessment Rearing THOMAS HEDGES Dear Property Owner: EUGENE VAN OVERSEKE Oa aM< At the meeting on Friday, March 17, 1989, City staff and the City's consulting engineer explained the final costs associated with the I bove-referenced project. Final costs overran the contract proposal for street and storm sewer by $4,136.90 and $2,723.40, respectively. The street cost overruns were due to unexpected poor subgrade material found at the intersection of Drexel Court and Braun Court. The storm sewer cost overruns were due to the need for an additional storm sewer structure to provide adequate storm sewer drainage at the intersection of Drexel Court and Braun Court. overhead costs exceeding the 30% figure estimated in the feasibility report for the project are related to the additional time and expense relating to readvertising and rebidding the project and the additional time required to effectively manage the contract to the affected property owner's concerns. At the March 17 meeting, an additional meeting was requested with City staff and the parties affected by the project. An additional meeting cannot result in a negotiated project cost as anticipated by the affected parties. The City Council is the only body which can negotiate any reductions in costs which are intended to be the sole responsibility of the benefitting properties. A final assessment roll for the project will be prepared in accordance with the March 25, 1988, agreement incorporating the actual total project cost of $72,549.63 and which is being presented to the City Council for their consideration. Scerely' ichaa P. oe tsch as is City Engineer MPF/jj cc: Thomas L. Hedges, City Administrator Thomas A. Colbert, Director of Public Works E.J. VanOverbeke, Finance Director/City Clerk Jerry Bourdon, BRAA THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY March 28, 1989 Presiding Officer City Council City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 RE: Improvement Project No. 487R - Braun Court teoaard-K,u= Dear Sir of Madam: The undersigned has been retained by Mr. and Mrs ft.in regard to the above -referenced matter. This notice sal erve as Mr. and Mrs %; written objection to the assessments surrounding this Project. Mr. and Mrs.=, intend to voice their objections at the Assessment Hearing scheduled for April 4, 1989. The nature of their objections center around the cost overruns and resulting increase in special assessments to the 3�rds. very sincerely yours, L2 "// w1wao, of we 1 /� r, 71-cl CLQ ,map ��",'�jq-hL 76z 1 - ''� I 0 t.. BIDS FOR BRnUN CT. as submitted by: S.N. Hentges & Sons Total bid of 039,789.00 for street, service and storm sewer to north. Street bid at 033,473.00 0339473.00 Plus 30% of 033,473.00 10 041.90 3Ti TOTAL 43o5l4!90 Service bid, (S and W) 6,316.00 Plus 30% of 01.316.00 1 894.80 TOTAL b,210..800 Alternate bid for storm sewer to south 19571.00 Plus 30% of 019571.00 471.30 TOTAL 2-96497-916 Total bids of proj. 487R. less 304 41,360.00 304 of 041,360.00 lots, 12 408.00 27.71 Delmar H. Schwanz at 085.00 Divided TOTAL 53,768.00 PER LOT COST: ABOVE ARE IN0LUDED Divided by 7 lots: Street & storm sewer to north per lot 69216.29 Divided by 5 lots: Services per lot 1,642.16 Divided by 7 lots: Alternate bid for storm sewer to south 291.74 Total amount of 0729.00 Dakota Electric at 0450.00 Divided by 7 lots per lot 64.28 Street signs at 0194.00 Divided by 7 lots, , per lot 27.71 Delmar H. Schwanz at 085.00 Divided by 7 lots, per lot 12.14 TOTAL PRICE IF ALL TIM ABOVE ARE IN0LUDED VT ,2-5T. 3-22 (PER LOT COST) A,,,/ -0'r2 UAW — FORD LEGAL SERVICES PLAN SUITE 235 WRIGHT BUDDING 2233 UNIVERSITY AVENUE ST. PAUL, MINNESOTA 55114 (612) 641-0647 Attorneys AMY M. SILBERBERG Managing Attorney ANNEBERGMAN BRUCE L VALEN Presiding Officer City Council City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 March 28, 1989 RE: improvement Project No. 487R - Braun Court Henry and Adona Braun Dear Sir of Madam: 3D' In The undersigned has been retained by Mr. and Mrs. Henry Braun in regard to the above -referenced matter. This notice shall serve as Mr. and Mrs. Braun's written objection to the assessments surrounding this project. Mr. and Mrs. Braun intend to voice their objections at the Assessment Hearing scheduled for April 4, 1989. The nature of their objections center around the cost overruns and resulting increase in special assessments to the Brauns. Very sincerely yours, Bruce L. Valen Attorney at Law BLV:bh Approved by: Dated '�� a�Gr/�,�o , 9�% Dated �7Z a ti_ce 4 -3 0. /9 a4�� 6,1 Henry Braun Adona E.E. Braun ,3� 3o'79 March 28, 1989 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 ATTN: CITY CLERK RE: BRAUN COURT APPEAL OF ASSESSMENT Dear Sir: In regard to the cost overrun on Braun Court, we had a common understanding that the bid as accepted was for a fixed sum to complete the Braun Court project, at no time were we as property owners informed that cost over runs could occur in order to correct unforseen construction problems. We were also told to anticipate a 308 overhead factor, based on construction costs for a project the size of Braun Court. Now we are being told the overhead is 51.8%. This increase in overhead from a projected $12,409 to $24,770 is a tremendous burden to a small property owner and totally unexpect- ed. I object to these increased prices, and ask the council to have the extra costs reduced to the range which we originally agreed to during our negotiations. Thank you in advance for your consideration. Mar R. Braun 3715 Drexel Court Eagan, MN 55123 q0 0 Agenda Information Memo April 4, 1989 City Council Meeting FINAL ASSESSMENT HEARING (EAGAN HIGH SCHOOL) C. Project 518, Final Assessment Hearing (Hagan High School - Utilities) --on March 7, the Council received the final assessment roll for the above -referenced project and scheduled a final assessment public hearing to be held on April 4, 1989.. On March 17, the final assessment roll was reviewed wi representatives of the school district. Enclosed on page LJJ is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on December 21, 1987. Those identifiable cost over -runs were at the specific request of the school district. The Public Works Director will be available to discuss any other concerns or questions that may arise during this public hearing on April 4. ACTION TO HH CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 518 (Eagan High School - Utilities) and, if approved, authorize the certification to Dakota County. FINAL ASSESSMENT HEARING PROJECT NUMBERS 518 SUBDIVISION/AREA- EAGAN HIGH SCHOOL FINAL ASSESSMENT HEARING: APRIL 4. 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. WATER RATES RATES ❑Area Laterals ¢116,983.26/ 493.070/ lump sum lump sum ❑Service ❑Lat. Benefit/ QWA C Trunk STREETS []Gravel. Base OSurfacing ❑Rea. Equiv. SANITARY ❑Area ® Laterals ❑ Service ❑ Lat. Benefit/ Trunk FINAL F.R. RATES RATES ;41.271.53/ ;61.730/ lump sum lump sum STORM ;0.053/sf 40.053/sf 40.067/sf 40.067/sf ®Area fn.n79/<f 40.079/sf ® Lateral 497 Sn5.79/ 4127_nsn/ Benefit from lump sum lump sum Trunk % Trailway 414,805.97/ -0- lump sum NUMBER OF PARCELS AFFECTED: 5 NUMBER OF YEARS ASSESSED: 15 RATE OF INTEREST: 9.0% TOTAL AMOUNT ASSESSED- 4551,100.14 (F.R. = 4512,398.00) TOTAL AMOUNT CITY FINANCED: -0- CONSTRUCTED UNDER CITY CONTRACTS% 88-12 PUBLIC HEARING DATE: December 1. 1987 COMMENTS: The rate for the water lateral increased because additional pipe was required to form a loop around the building. The sanitary sewer lateral rate and the lateral benefit from storm sewer trunk rate were below the feasibility report amount because of conservative estimating in the preliminary stages of the project. Trailway grading was assessed, even though it was not addressed in the feasibility report, because trailway work that was to be a part of the private improvements was incorporated in this project because they couldn't be completed iin time to allow the public project to continue on time. The total amount assessed was also increased because of 417,531.95 on private costs from Contract 88-B were included in the assessment roll at the request of the school district. 4 Agenda Information Memo April 4, 1989 City Council Meeting VACATION/AUGE ROAD D. Vacate Portion of Public Right -of -Wap (Huge Road)-- In response to a Petition to Vacate submitted by the developer of the proposed Prettyman Heights, the Council scheduled a public hearing for April 4, 1989 to consider vacating a "portion of the cul-de- sac" on the south end of Auge Road. It was anticipated that the public hearing for vacation would be at the same time as the scheduled final plat approval for Prettyman Heights. At this time, Prettyman Heights is not scheduled for approval for at least two Council meetings. ACTION TO BE CONSIDERED ON THIS ITEM: To continue this item to the first Council meeting at which the final plat of Prettyman Heights is scheduled for approval. y3 Agenda Information Memo April 4, 1989 City Council Meeting A. Request to Amend Chapter 6 of Sagan City Code Regarding masseur and Masseuse Licenses --A request was presented to the City last fall to consider an ordinance amendment to City Code 6.40, Subdivision 4d, that would reduce or eliminate the restriction of a masseur only allowed to practice massage on a male person and a masseuse to practice massage on a female person. The item was first scheduled at the December 20, 1988 meeting and continued to allow further review of the proposed regulatory changes. A meeting was held with Ms. Belokopitsky on January 20, 1989, who was originally requesting the regulatory changes to further discuss the City Code amendment. There were a number of issues and concerns raised by City staff that were addressed at the February 7 City Council meeting. A main issue expressed by the Chief of Police was enforcement and the ability to restrict any illegitimate operations. There were several persons in attendance who were licensed massage therapists and they raised a number of questions and offered regulatory amendments at that meeting. City Council action did continue any further consideration of amendments to the massage ordinance. The City staff including City Attorney, Chief of Police and City Administrator had two additional meetings with the licensed massage therapists to discuss details of a massage ordinance amendment. There was a general consensus of both those requesting an ordinance amendment and the City staff that language should be changed in the proposed ordinance from massage to massage therapy and masseuse and masseur to massage therapist. There were a number of other conside tions all of hjrch are addressed in the attached memo on pages through_, prepared by Joe Early of the City Attorney's office. It appears that the two remaining issues are 1) fees and 2) the 100 hours minimum educational requirements. Those requesting an ordinance amendment would like the fees reduced. The Director of Finance has been asked to review the fees and determine whether a lesser amount is practical after considering both administrative and enforcement requirements. Regarding the 100 hours, Police of Chief Geagan feels that should be a minimum and will recommend the same to the City Council. Apparently, Molly Belokopitsky who originally requested the ordinance amendment has not accumulated that many hours and may ask for a variance given her situation. For copy of the proposed ordinance, refer to pages through 44 Agenda Information Memo April 4, 1989 City Council Meeting There has been additional information, such as findings by the City Attorney's office, sample ordinances and a letter from Ms. Belokopitsky that were enclosed with the February 7 City Council packet. If any member of the City Council would like additional copies, feel free to contact this office at any time. ACTION TO BE CONSIDERED ON TRIO ITEMS To approve or deny with or without modification an amendment to Chapter 6.40, Subd. 4d, that changes regulatory language for the operation of a massage therapy establishment. q!,�o f9. M E M O R A M D D M TO: '.Tom Hedges, City Administrator Pat Geagan, Police Chief FROM: Joe Earley, Assistant City Attorney DATE: March 29, 1989 RE: Massage Ordinance Revision Our File No.: 206-6447 Attached is the latest version of the proposed massage ordinance amendment. The changes have been detailed in legislative script (underscore equals additions; lineouts equals deletions). This new ordinance is the result of numerous meetings and phone conversations with people in the massage therapy profession as well as the incorporation of similar ordinances from surrounding communities. This memorandum will briefly summarize the various changes that have been made to the ordinance. The first change that has been made is in the vocabulary of the ordinance. Massage has been changed to massage therapy, masseuse and masseur have been changed to massage therapist, and massage parlor has been renamed massage therapy establishment. This change has been made at the request of the massage therapy profession in order to remove the prostitution connotations of the previous ordinance language. All sauna parlor language has also been removed from the main portion of the ordinance. Subd. 1 of the new ordinance prohibits outright all the various uses which act as fronts for prostitution. The definitions have been changed both in Section 6.39 and Section 6.40 from masseur and masseuse to massage therapist in order to remove the gender specific references and to allow opposite sex massages. There are four fees referenced in the ordinance. These fees are the current fee amounts as set by the Council. They are as follows: 1. Massage therapy establishment initial investigation fee of $400.00 (Sec. 6.39, Subd. 4). In meeting with the massage therapists, they felt this fee was too high. As a proposed compromise, we have added language that the fee will be escrowed and any portion not needed will be returned following approval or denial of the application. 2. The second fee is the annual license fee for massage therapy establishments. (Sec. 6.39, Subd. 10). This amount is $300.00. 3. The third fee is the initial investigation fee for a massage therapist (Sec. 6.40, Subd. 3.a.). This amount is $200.00. 4. Finally, the annual license fee for a massage therapist is $50.00 and is found in Sec. 6.40, Subd. 5. It should be noted that these fee amounts are thought to be too high by the massage therapists and they will be requesting that the Council review them at the time of the ordinance review. Another major change that has been made to the ordinance is the deletion of Sec. 6.39, Subd. 5 Construction and Maintenance Requirements. It was felt that the entire building, safety and health codes were incorporated by reference in the new Subd. 5.b. and 5.d. The only specific construction requirement that remains is Subd. 5.e. which prohibits locks on doors of massage rooms. This is specifically related to police enforcement of the ordinance. There has also been an addition in Subd. 5.a. which limits the total number of licenses in the City to six. It is felt that this is necessary in order to give the Police Department and the City a chance to establish some sort of track record with the new ordinance before opening the door to numerous and unlimited massage therapy establishments. It should be noted that this limitation applies only to the establishments and not to the amount of therapists in the establishments. Both the massage therapy establishments and the massage therapists are required to comply with any and all amendments to the ordinance and failure to do so shall be grounds for revocation of any license. This provision will allow the Council to fine tune the ordinance if they so desire in the future. (Sec. 6.39, Subd. 5.h.). The final addition to the ordinance is found in Sec. 6.40, Subd. 3.b. Educational Requirements. Both the Police Department and the Legal Department feel that this provision will be the most important protection the City has against illegitimate operations. A diploma from a school recognized by a reputable massage association or an educational accrediting association or agency would be required. The applicant would also have to show 100 hours of completed coursework. This 100 hour amount was calculated based on conversations with the various massage therapists schools as well as with the applicants and surrounding communities. Some of the massage therapists are unhappy with this hourly amount but staff is strongly recommending that it remain at 100 hours. -2- 'ki Please feel free'to contact me with any further questions or concerns you may have regarding this revised ordinance-. J,PE/d j k cc'S, Kevin Eid'e,, Eagan Prosecuting Attorney Jim Sheldon -3:- N0. ______ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTIONS 6.39 AND 6.40 REGARDING MASSAGE PARLOR LICENSING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is hereby amended to read as follows: SEC. 6.39. OMNA FAMOR AND NASSAW PFARBOR MASSAGE THERAPY ,ESTABLISHMENT. Prohibited uses are further defined as follows: Subd. is 2„ Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. n6aenen means a steam bath used fee the puEpese ek bathing, Eel a... -- weight r-eduetlen utilizing t lizing steam as the -L ted: etl. o o ". -e: A. °Metesagen "Massage therapy" means the practice of rubbing, stroking, kneading, tamping, or rolling of the body with the hands, for the exclusive purposes of relaxation, physical fitness, or beautification, and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse who works solely under the direction of such person, physical therapist, athletic director and trainer, or beautician and barber who confine their treatment to the scalp, face and neck. -B-- B. " " "Massage therapy establishment" means any room or rooms wherein persons may, for a fee or other consideration paid either directly or indirectly, receive a therapeutic massage. iN C. 4Meesear= "Massage therapist" means a male person who, for compensation, practices massage. F. "Masseuse" means a fremale peEsen whey Neff Subd. 3-: 3, License Required. It is unlawful for any person to operate a massage therapy establishment without a license therefor from the City. It is unlawful for any person to practice massage therapy in any place except upon licensed premises. -2- C) Subd. 3-. 4. License Application. All initial applications for licenses to operate massage ,aP"!Q�a- therapy establishments shall be accompanied by an - nen Eeburnab - investigation fee of $400.00. This fee shall be escrowed and anv Applications shall contain the names and addresses or the owners, lessees and operators of the applicant, together with a description and location of the premises. The application shall also include information as to any convictions of any crime or offense committed by applicant, together with such other information as the Council may require before consideration of the application. All applications by corporations shall include the names and addresses of all persons having a beneficial interest therein. An investigation by the Building inspector shall be conducted of all premises proposed to be licensed before consideration by the Council. The Police Department shall conduct an investigation of all persons proposed to be licensed before consideration by the Council. All applications shall thereafter be considered by the Council. Subd. #. 5. Restrictions and Regulations. A. Licenses shall be granted only for operation upon fixed premises which must be located in a commercial or industrial district as established by the zoning laws of the City. The total number of licenses issued shall be limited to six. B. Licenses shall be granted only upon a showing of compliance with all laws of sanitation. C. No beer, liquor, narcotic drug or controlled substances, as such terms are defined by State Statutes or the City Code, shall be permitted on licensed premises. D. Violation of any law or regulation relating to building, safety or health, shall be grounds for revocation of any license. E. There shall be no locks on doors of massage rooms. -F� F. Only massage therapists who are licensed by the City shall practice massage. -P: G. No aaener-&e massage parlor therapy establishment shall discriminate between persons on the basis of race, color, creed, sex or national origin or ancestry. -3- 61 - - - - - - --- -- - ---- - - NO* - - - - - - --- -- -- - - - - -- - - --- - --- - --- WE-NOWN-- - - - - - -- -- -- - ---------------- - - - - -- - -- -- -- - --- MW -- - - - - - - - - - -- - - - - -- - -- Subd. 6. Unlawful Acts. A. It is unlawful for any licensee to fail to at all times observe all restrictions, regulations and maintenance requirements contained in this Section. B. It is unlawful for any licensee to be open for business between the hours of 8:00 o'clock P.M. and 8:00 o'clock A.M. of any day, or to permit any patron to be present upon licensed premises after ^-^^ efe 10:00 o'clock P.M. and before 8:00 o'clock A.M. of any day. -4- 5a. Subd. 7. License Condition and Unlawful Act. A. All premises licensed under this Section shall at all times be open to inspection by any health or police officer to determine whether or not this Section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection by such officers and without a warrant for searches and seizures. B. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police or health officer from making such inspection. Subd. 8. Exception. This Section shall not apply to a health care facility (1) owned by a municipal corporation organized under the laws of the State of Minnesota, or (2) owned by the State of Minnesota or any of its agencies, or (3) licensed by the State of Minnesota. Subd. 9. Resident Manager or Agent. Before a license is issued under this Section to an individual who is a non-resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is a resident of the City as its manager or agent. Such resident manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be a resident of the City or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. SEC. 6.40. MASSAGE THERAPIST LICENSE. Subd. 1. Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. "Massage" ",Massage theraov" means the practice of rubbing, stroking, kneading, tamping, or rolling of the body with the hands, for the exclusive purposes of relaxation, physical fitness, or beautification, and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse physical -5- 53 therapist, athletic director and trainer, or beautician and barber who confine their treatments to the scalp, face and neck. B. RMaseemr-" "Massage therapist" means a maJe person who, for compensation, practices massage. Subd. 2. License Required. It is unlawful for any person to practice massage therapy without a license therefor from the City. Subd. 3. Licensing Requirements. A. License Application. All applications for a license to practice as a massage therapist shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the State of Minnesota stating that the applicant has no communicable disease. All initial applications shall be accompanied by a non -returnable investigation fee of $200.00. All initial applications shall also be accompanied by front and side view photographs.and Applications shall contain such other information as the Council may, from time to time, require. All applicants shall be at least eighteen (18) years of age. B. Educational Requirements. 1. Each applicant for a massage therapist license shall furnish with the application proof of the following: 2. Each applicant shall also furnish proof at the _ S q b. ana c. hygiene. Subd. 4. Restrictions and Regulations. A. Whenever a massage is given it shall be required by the massage therapist that the person who is receiving the massage shall have his/her buttocks, anus and genitals covered with an appropriate non -transparent covering. B. Any masseur massage therapists performing any massages shall at all times have 4t+e *heir anus, buttocks, breasts and genitals covered with a non -transparent material. nen transparent 1. 0 it is unlawful fer- l masseur- to Yr t on al female per -son or- a masseuse te pr-aetiee massage on a maie Y- .sen . Subd. 5. License Fee. The annual license fee the anisEa be $50,00. t Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: ------------------------------ By: E. J. VanOverbeke Its: Clerk CITY OF EAGAN City Council ------------------------------- By: Victor L. Ellison Its: Mayor Date Ordinance Adopted: ------------------ Date Ordinance Published in the Legal Newspaper: -7- Agenda Information Memo April 4, 1989 City Council Meeting A. Request from Blue Bell Ice Cream Company and Penguin ice Cream to Operate Ice Cream Trucks on Public Streets within the City of Eagan --Both Blue Bell and Penguin ice cream vendors wish to operate ice cream trucks on public streets in Eagan during 1989. The request by both Blue Bell and Penguin are the same for 1989 as authorized in 1988. The City Council in 1988 approved the license according to the following conditions: 1) provide a certificate of insurance which covers the same level of liability as previous insurance, 2) the hours of operation will be 12:00 noon to 15 minutes prior to sunset, 3) the approval is granted from April 1 to October 1, 1989, 4) the trucks will not generate a noise level greater than 65 decibels, 5) caution swing arms will be required on each vehicle, 6) local employment will be used for drivers operating in Eagan. For a copy of each of the applications, refer to pages_ through c,a . For a copy of a letter of understanding that was sent by the City of Eagan to Blue Bell andn exact copy was sent to Penguin, refer to pages �( through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the requests of both Blue Bell Ice Cream Company and Penguin Ice Cream to operate ice cream trucks on public streets within the City of Eagan. Technically, these applications are separate applications and will require two (2) separate actions by the City Council. `: ✓ i50 Investigation Fee (Non tefimdable) t.- *THE APPLICATION FORM MUST' BE $25 License for up to three solieito:s *PROPERLY COMPLETED OR IT WIrL* 5 'Ebr each additional solicitor *NOT BE PROCESSED. + LICENSE GOOD FOR UP TO ONE YEAR CITY OF EAGAN BUSINESS SOLICITATION LICENSE J I (FOR PROFIT) APPLICANT'S NAME: ,- LOCAL ADDRESS: ai C TY J -7v ro ROME PHONE:, R 2 �/.S 9 2 STATE BUSINESS PHONE: ZIP �'2<9=S20S BIRTH DATE:_ G20A,SOCIAL' SECURITY NO.tj,2,r _e7oro ^ y9 DRIVER'S LICENSE: 67- <-z::) -5- .G 7_5,3-- �� APPLICANT'S CURRENT AND PREVIOUS -ADDRESSES FOR THE THREE- PRECEDING THE. DATE OF APPLICATION:. STREET CITY 6 STATE ZIP FROM TO PRESENT APPLICANT'S CURRENT AND THE DATE OF PREVIOUS OCCUPATIONS"FOR THREE YEARS PRECEDING APP.LICATION,: OCCUPATION FROM TO PRESENT -------------- NAMES AND ADDRESSES'OF APPLICANT''S EMPLOYERS, IF YEARS IMMEDIATELY P.RECEDING'THE'`DATE 'OF ANYt FOR THE THREE'. APPLICATION: NAME STREET, CITY 6 STATE ZIP (1)�L%rreae l__7= FIAM STREET FROM SUPERVISOR LY CI STATE ZIP .. 'HONE TO (2) FIRM loo STREET' •• FROM SUPERVISOR CITY STATE ZIP PHONE TO FOUR CHARACTER REFERENCES (IF APPLICANT HAS NOT RESIDED IN THE CITY FOR TWO YEARS IMMEDIATELY PRECEDING DATE OF APPLICATION).: NAME STREET, CITY 8 STATE, ZI•P, A.C. TELEPHONE NO. Fit J-:7�d S o.-. /001 H. CITY OF EAGAN BUSINESS SOLICITATION LICENSE (For Profit) BUSINESS NAME: LOCATION OF SALES: - :THE APPLICATION FORM MUST BE *PROPERLY 60HPLETED OR IT WILL: *NOT BE PROCESSED. • BUSINESS NAME 8 DESCRIPTION OF PRODUCT: .eesap G'rc gc^ , .VEHICLE USED FO Z THIS BUSINESS: (IF MORE THAN ONE,/ LIST SEPARATELY) Cd 4daL= 12z -& x, GMr�✓i�� MODEL YEAR STATE CENSE NUMBER LENGTH OF TIME REQUIRED IN CITY — _ �r DATES OF ACTIVITY IN CITY FROM: TO:� OTHER C014MMUNITIES WHERE SAME PERMIT WAS ISSUED: �+ "HAVE YOU EVER, BEEN CONVICTED F , FELON GROSS MI EMEANOR, OR •MISDEMEANOR, INCLUDING VIOLATION OF A MUNICIPAL ORDINANCE BUT 'EX'- CLUDING TRAFFIC VIOLATIONS? NOES IF YES, PLACE OF EXPLAIN ON REVERSE SIDE, THE DATE AND CONVICTION AND THE NATURE OF THE OFFENSE. ATTACH A COMPLETE LIST OF ALL SOLICITORS, FULL NAME (FIRST, MIDDLE, LAST), ADDRESS PHONE NUMBER, AND DATE OF BIRTH. INCLUDING EACH PERSON'S (STREET,CITY,STATE,2IP), OADINANCE ALLOkS A FIVE-DAY (BUSINESS DAYS) -BAITING PERIOD KNEES THE APPLICATION AND ISSUANCE OF IHC LICEUSE DHAING VHICH TINE THE POLICE SHALL MAKE AN INVESTIGATION OF THE APPLICANT'S BUSINESS MORAL CHARACICR. THE LICENSE MAY BE ISSUED VULM THE FOREGOING INVESTIGATION IS COMPLETED OR YI1111M FIVEBUSINESS DAYS. OF APPLICATION, MgICHEVEJ IS EAALIER. I SNCAR AND ATTEST TO THE FACT THAT THE PRECEDING INFORMATION IS TRUE AND CORRECT, TO THE BLSI Of MY KNOWLEDGE. I ALSO GIVE MY PERMISSION TO INVESTIGATE ANY OR ALL OF THE PERSONS LISTCD, AS DEjMED NECESSARY BY INC CITY. __ Q4., 3-a POEIC=pPR g^ DATE D E CITY CLERK DATE J V 2,88 i$50 Investigation Fee (Na}Refwdable) • ✓ $25 License for up to three solicitors S 5 For each additiaml solicitor LICENSE GOOD FOR UP TO ONE YEAR APPLICANT'S LOCAL ADDRE! :THE APPLICATION FOR—M--MU—ST-BE--T *PROPERLY COMPLETED OR IT HILL* !NOT BE PROCESSED. • CITY OF EAGAN .. BUSINESS SOLICITATION LICENSE (FOR PROFIT) HOME PHONE: S=ATE ZIP -7 - 77 2.9 BUSINESS PHONE: BIRTH DATE:_ X1)'3 lig SOCIAL SECURITY NO. i18p-ga-�9oSl DRIVER'S LICENSE: ri G 7 (_ Ot.,'7 - I i L APPLICANT'S CURRENT AND PREVIOUS --ADDRESSES FOR HE TTHREE YEARS PRECEDING THE DATE OF APPLICATION: STREET CITY 6 STATE ZIP FROM TO Yn✓i SSiO421,97 PRESENT c'i 4c�1 APPLICANT'S CURRENT AND PREVIOUS OCCUPATIONS•FOR THREE YEARS PRECEDING THE DATE OF APPLICATION: OCCUPATION - FROM TO 11 Ra- PRESENT NAMES AND ADDRESSES OF APPLICANT'S YEARS IMMEDIATELY PRECEDING THE DATE EMPLOYERS, IF ANY, FOR THE THREE OF APPLICATION: NAME1 STREET, CITY 6 STATE ZIP (1) Ie o �i� �r nrr. 711 FIRM1 SIRE5� SIA7 Si. T'o.�( mvr FROM SUPERVISOR CITY STATE cctlid ZIP PRONE T' 0 (2)_ S��„il�r� TraveQ - 7aa a^�A� FIRM t STREET •• FROM Sear, Kfg;ber _ rna�: mn ec�/o� Q� SUPERVISOR CIT STATE r1�, ZIP PHONE � TO FOUR CHARACTER REFERENCES (IF APPLICANT HAS NOT RESIDED IN THE CITY FOR TWO YEARS IMMEDIATELY PRECEDING DATE OF APPLICATION): NAME STREET, CITY 6 STATE ZIPA.C. TELEPHONE N0. CITY OF EAGAN BUSINESS SOLICITATION LICENSE (For Profit) :THE APPLICATION FORM MUST BE PROPERLY COMPLETED OR IT WILL* *NOT BE PROCESSED. BUSINESS NAME: e n q,, v., /I ' BUSINESS Crca.M� .Y.cc. PHONE: 779-77a9 LOCATION OF SALES: /4 ; 4;,0,1111 O� w NAME 6 DESCRIPTION OF PRODUCT: f ,� A , VEHICLE USED FOR Af{C y -t�, �l�o fY7-T LDK7.34 MAKE MODEL - YEAR STATE LICENS NUMBER LENGTH OF TIME REQUIRED IN CITY:.. - DATES OF ACTIVITY IN CITY FROM:_% OTHER COMMUNITIES WHERE SAME PERMIT WAS 'ISSUED: }'tl ( YS Sr1. P .. 0 BUSINESS: (IF MORE THAN ONE, LIST SEPARATELY) HAVE YOU EVER BEEN CONVICTED OF A -MISDEMEANOR, INCLUDING VIOLATION OF C,LUDING TRAFFIC VIOLATIONS? FELONY, GROSS MISDEMEANOR, OR A MUNICIPAL ORDINANCE BUT EY.' - NO ,,,- ,6`— YES IF' YES, EXPLAIN ON REVERSE SIDE, THE DATE AND PLACE OF CONVICTION AND THE NATURE OF THE OFFENSE. ATTACH A COMPLETE LIST OF ALL SOLICITORS,_ INCLUDING EACH PERSON'S FULL NAME (FIRST, MIDDLE, LAST), ADDRESS (STREET,CITY,STATE,ZIP), PHONE NUMBER, AND DATE OF BIRTH. ORDINANCE ALLOkS A FIVE-DAY (BUSINESS DAYS) -WAITING PERIOD BETWEEN THE APPLICATION AND ISSUANCE OF lid LICENSE DURING WHICH TIME THE POLICE SMALL MAKE AN INVESTIGATION OF TIIE APPLICANT'S BUSINESS MORAL CHARACTER. THE LICENSE MAY BE ISSUED WHEN THE FOREGOING INVESTIGATION IS COMPLETED OW WITHIN FIVE BUSINESS DAYS. Of APPLICATION, W4ICHEVE4 IS EARLIER. I SWEAR AND ATTEST TO THE FACT THAT THE PRECEDING INFORMATION IS TRUE AND CORRECT. TO TIIE BEST OF AT KNOWLEDGE. I ALSO GIVE MY PERMISSION TO INVESTIGATE ANY OR ALL OF TW[ PERSONS LISTED. AS DLIAED NECESSARY BY THE CITY. � - 3/. l89 IGNATURE ?LICANT DATE 77-07 ' .4 Y DAr— CITY CLERK DATE - 2,88 OF 3430 PLOT MOB ROAD. P.O. BOX 2n99 SAGA L L94 ESOTA 5510 NNONE (612) 4564700 April 11, 1988 MR GLEN BARRON BLUE BELL ICE CREAM INC 3218 SNELLING AVENUE MINNEAPOLIS MN 55406 Re: Dear Mr. Barron: WeLem -ire lim"EGIM7 -ft*0 K GL6VP ON P1MBA MOCKA 660DO EVYA04M i4M/Ynbe 1110�M5 i43x.E5 �ayAs�r+ratr a777sawwoveww coram In official action that was taken by the City Council at a regular meeting held on Tuesday, April 5, 1988, Blue Bell Ice Cream, Inc., was given approval to operate ice cream trucks on public streets throughout the City of Eagan. The action was taken subject to the following conditions: 1) Continuance of insurance coverage evidenced by an insurance certificate providing the same level of liability as provided in a letter from your insurance agency to the City of Eagan in 1986; 2) hours of operation will be 12:00 noon to 15 minutes prior to sunset; 3) the approval is granted from April 1 until October 1, 1988, 4) the trucks will not general a noise level greater than 65 decibels; 5) caution swing arms will be required on each vehicle; and 6) local employment will be used for drivers operating in Eagan. ' ' Our Police Department has again been instructed to record any and all complaints that may be received regarding operation -of the ice cream truck. If there are serious complaints, the City Council reserves the right to revoke the special use permit and variance to the ordinance at any time. . THE LONE OAK TREE ... THE SYMKX OF STRENGTH AND GROWTH IN OUR COMMUNITY LETTER TO NR BARRON APRIL 11, 1988 ✓\ PAGE TWO : If you have any questions regarding the action taken by the City Council, feel free to contact me at any time. E ff\J ,4u,,, E. VanOverbeke CPA Finance Director City Clerk cc: City Administrator Hedges Chief of Police Berthe Administrative Assistant Witt WV/kf Co Z Agenda Information Memo April 4, 1989 City Council Meeting B. variance for Leo Amundson for variance of 41 to the Side Yard Setback of 101, Lot 4, Block 4, Valley Vier Plateau --The City of Eagan has received an application for a variance by Leo and Gen Amundson requesting a 4' variance to the required 10' side yard setback in order to construct an addition to their kitchen and deck porch area. For additional information on this item, refer to a report prepare by the C mmunity Development Department enclosed on pagesLLSE through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 4' variance to the required 10' side yard setback as presented. Qe3 CITY OF EAGAN SUBJECTS VARIANCE APPLICANTS LEO AND GEN AMUNDSON LOCATIONS IAT 4, BLOCK 4, VALLEY VIEW PLATEAU 1470 HIGHVIRW AVENUE EXISTING ZONINGS R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARINGS APRIL 4, 1989 DATE OF REPORTS MARCH 27,1989 REPORTED BYS COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting a 4' Variance to the required 10' sideyard setback. Leo and Gen Amundson are proposing to construct a 21' 6" x 10' 6", or 228.9 -square -foot, addition to the kitchen and deck/porch area. The addition would encroach into the setback area 4' at the nearest point or a total of 18 square feet. The applicant has gained verbal approval of the property owner to the east, Mr. L. B. Eichten. Construction of the addition is anticipated for May 1989 if approval is granted. The request meets or exceeds all other setback and code requirements and also meets the findings as set forth in Section 11.40, Subdivision 3.B.4 and 3.0 of City Code. _ --. I I SEI/4 SECTION 4 1 7 X. / I s j J L l 6 4 •YI r N / 614VIEW { \v SR/066V/EW Trd s s e p L A T 0/I-77 ! ! a IRHO�400l � p40 � `f: • l Ie 0 4 7 � Avs. e : A ' ae✓rw A`�oJe AY 1. 'V A L L E N- V I , P LA T&A V INp ? (4 4 VE. I; H /O N W. ! �. Jn h.A9- J f Pra mitE� mr.Leo Amunas 147 Dr 1470 Ilighview Drive Eagan, MN 55121 126/39 DELMAA H. SCHWANZ oon arallUlM Ulerr law M lrw ear A lalaweu 14700 SOUTN.ROOERT TRAIL R08WA0UNT; MINNESOTA UM 0111/445-1760 _ SURVEYOR'S CERTIFICATE HIGHVIEW AVE. 122. 50 (PLAT SMEASIN89o&i-?"W 9� _ 0adl' ti le LOT 4 4VMO0 ! Goo 17 EXIStING HouSr in — — — 122.5P -AT 122.17MrAS. SS9e3523°E III W 5F - 1 Scale- 1 inch - 40 feet Description: Lot 4, Block 4, VALLEY VIEW PLATEAU, according to the recorded plat thereof, Dakota County, Minnesota. 1 hereby certify that this survey. plan. or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the lags Of IM Stale of Minnesota. Deiced 10-06-88 . palrrrar N. Solvent- Minnesota ebwrMinnesota RaglsusSen N0. SON �-IL PROPERTY LINE Ad' SE j 6AGK r I Agenda Information Memo April 4, 1989 City Council Meeting t,_ C. variance for Best Brands Ina., of 1.61% to the Maximum 35% Lot Coverage in an LI District --The City received an applications from Best Brands Inc. requesting a variance of 1.618 to the maximum of 358 building coverage in a limited industrial district due to an 18,000 square foot addition they are proposing to the existing plant located on Lot 10, Block 2, Sibley Terminal Industrial Park. The Departments of Community Development and Engineering have reviewed the variance request and for a copy of their report, refer to pages � to -7 21- . ACTION TO BE CONSIDERED ON THIO ITEM: To approve or deny the variance request of Best Brands Inc. for a variance of 1.618 to the maximum 358 building coverage in a limited industrial development. CITY OF MAN SUBJECT: VARIANCE APPLICANT: BEST BRANDS, INC LOCATION: LATS 9 & 10, BLK 2, SIBLEY TERMINAL IND PK 3338 TERMINAL DR & 1765 YANKEE DOODLE RD EXISTING ZONING: I-1 (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: APRIL 4, 1989 DATE OF REPORT: MARCH 27, 1989 REPORTED BY: COMMUNITY DEVELOPMENT & ENGINEERING DEPTS APPLICATION SUMMARY An application has been submitted requesting a Variance of 1.61% to the maximum 358 building coverage in a Limited Industrial district. COMMENTS Best Brands, Inc. is a bakery supply company. Recently , the company has added a computerized production facility which is anticipated to increase production by 2008. Forty-one thousand square feet of additional warehouse, refrigeration, and freezer space are required to support the new facility. Best Brands is proposing to take over their own building (located on lot 9) when tenant leases expire. This building contains 22,400 square feet. In addition, they are proposing an 18,000 -square -foot addition to the exising plant on lot 10. The addition would be located at the northwest end of the building, with approximately one-third of the addition on lot 9. The breakdown of the site is as follows: Total lot area 247,513 or 5.68 acres Existing building cover on lot 9 22,400 sq. ft. Existing building cover on lot 10 50,216 sq. ft. Proposed addition 18,000 sq. ft. Proposed total building area 90,616 sq. ft. Proposed F.A.R. 36.618 The purpose of the Variance is to allow 36.618 building coverage, only 1.618 above the maximum of 358. The City's engineering department has reviewed the request and will be requesting a grading, drainage, and erosion control plan at the building permit stage. C BEST BRANDS, INC PAGE TWO The applicant is also proposing upgrading their existing parking facility with an additional parking area, and they have submitted a detailed landscaping plan which will dramatically improve the aesthetic quality of this industrial site. The Variance request meets the required findings as set forth in Section 11.40, Subdivisions 3.8.4 and 3.1C of the City Code. CONDITIONS 1) A landscape plan shall be submitted and approved. 2) Consolidation of lots 9 and 10, block 2, Sibley Terminal Industrial Park shall be recorded with Dakota County within thirty days of approval. 3) Parking on Yankee Doodle Road shall be discontinued and the proposed parking lot area shall be in'conformance with City Code requirements. 4) A grading, drainage, and erosion control plan shall be submitted and approved by City staff and the Dakota County Soil and Water Conservation District with the building permit application. 7 "Al- e� ti GnrT Lar t c se-oz � J ♦ 47 +° / hs 5 �o �ry'Ypp 64, ft ® 1,11 {{{/// LI 012-50 1p 1111 •� Y ° 112 f t44,,FEE :fi••rOn:iiF!�• rl DoIt pp(E, .. LI .•.:: �iii�.ii �:�':iiiiiiiiiii�.ii�.� ^v '0 CO S its D 1' Ode-1{�Olf J`• 7�ysnr�. ,a, v BEST BRANDS VARIANCE ' O I I - � I �I I I ,"- n:P '.. � � • � ii i�iiii�i iiia e � � I � ._ ::.: s$s�erie,,rs.dmf+.j:::;;:;:;;:?;::::;::'•::: �:::::;::::� � �:•: y 6w a...... ,R_ 768,0 0 IV Vti - - ` VU N 15 N 2 �yL nf- 7705 .. •✓V �e .am A� .. ee...e at rd AAD. 3 I. w I .a V - a >A • 760. 766.0 I I ''mow• ,' ., i � I � M1e� I '•ROYufl .n.a Atl� 1 6W `- le • / t.� ib r [•ZJICD I l\ 74�••'��.,. 28p LF 2/•! Rep .-� ' l7CE -M-'NV-Iw INV- 762.w "ys•1) • - ,, --�� .. .•a�f.IN4y 1 NO O r Jaue►iR l •-� . 1 March 28, 1989 TO:Honorable Mayor and City Council FROM: E. J. VanOverebeke CPA Finance Director RE: Variance 8-V-5-3-89 Financial Obligation As a result of the variance application by Best Brands, Inc. a study was made of the charges against Lots 9 and 10 Block 2 Sibley Terminal Industrial Park. As a result of the study it was determined the properties had not been charged their pro -rata share of the improvements installed by the City. Therefore it is recommended the following charges be collected as a condition for approval of the variance. Improvement Proj# Usage Rate Quantity Amount Lateral benefit sanitary 15 Uniform 15.85/ff 427.92ff $6873 sewer trunk Sanitary sewer service Total 15 D, 530 1 530 $7313 Agenda Information Memo April 4, 1989 City Council Meeting D. Conditional Use Permit, Crown CoCo Inc. (E-8 Stop Store) to Allow Retail Sales of 3.2 Beer in a OR District --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a conditional use permit to allow off -sale 3.2 beer in a General Business district. The location is specifically the Union 76 station that is located at the northwest intersection of Diffley and Nicole Road. The APC is recommending approval. The Union 76 which is operated under the name of Eagan Service Center and Union 76 is converting its full service station to a food mart with self service pumps similar to other operations in the area. For additional information on this item, refer to a report prepay d by the Depa went of Community Development enclosed on pages � through �. The APC minutes for this item are enclosed on page(s)�ir� 7 �. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow off -sale 3.2 beer in a general business district for Crown CoCo Inc. 73 — rY_ tom- —•- • RvBAlHER9Y�"�+�le M�PAPP.� .. u _. CITY OF ,BAGADi--�- - BUBJZgT2 �zM'DpIDITIONAL - . ;P & IT-- _ JIPPLICl16Ts =C!DMN COCO*..INC r LOCATION: SN 1%4 _SECTION 19 DATE OF PUBLIC MUMs MARCH 28, 3989 DATE OF BEPORTs -MARCH 32. 1989 REPORTED BYs DEPARTMENT OF COMMUZITr DNVZLOPMRNT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow off -sale 3.2 beer in a General Business district. The applicant, Crown Coco, owns the gas station at the northwest intersection of Diffley and Nicols Roads. All fees have been paid and the police investigation is pending. This Conditional Use Permit shall be subject to all applicable code ordinances and a successful police investigation. SCALE I = 40' N w..• ieNG[ CROWN OIL COMPANY 319 ULYSSES STN E MINNEATouS, MN 55413 DAVE MILLER 331-29?$ .4199 N 1 COLS ROAD 2'r-- "- -v+o.s Ecru[ ttasu � syvN.s�L TL 2100 ✓`- VALIUM& I e At ssu scN 1 twwWALL y ua.•.p.ec Mf ' 77 - 1.fP»LST 1 G^5 MA?414? ,owta CAAbpi Lw�D�e. s'siscn.ut� �~ O�W _ f I iN idL 7.N a s.aA lw a. 1 I WALL space — ovolka* ` � 4' it *.e' AL New Ncw MMSTA»e.ru. ID syY 10 J117' I PL'i RKIs1i 6MuN0 im" 'I /1 1) I I � I ' I � -- _L_ b Yr/ACK LTit N �+c — - v- Lao - - ----� csaw AMoC;p PROPERTY i5 kA MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING WNRISSION BAGAN, MINNESOTA March 28, 1989 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March 28, 1989, at 7:00 p.m. at the Eagan Municipal Center. Present were Chairman Pawlenty, Members Voracek, Graves, Trygg, Merkley, Miller and Gorman. Also present were Assistant City Engineer Mike Foertsch, City Planner Jim Sturm, and City Attorney Mike Dougherty. •4T k Voracek moved, Merkley seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES Member Graves requested a correction on page 9; paragraph 2 should read "Member Graves questioned if there were any limitations on the number of establishments allowed to have on -sale in a complex. Mr. Sturm stated yes." Merkley moved, Trygg seconded, the motion to approve the February 28, 1989, Advisory Planning Commission minutes as amended. All voted in favor. At this point, Chairman Pawlenty explained the Advisory Planning Commission procedures to the Commission and the public. City Planner Jim Sturm reviewed for the Commission the process for rezoning on the BUD parcels. CONDITIONAL USE PERMIT/3.2 BBER/CROAN COCO, INC. Chairman Pawlenty opened the first public hearing for the evening regarding a conditional use permit to allow retail sales of 3.2 beer in a General Business district located at 4195 Nicols Road in the southwest quarter of Section 19. City Planner Jim Sturm summarized the application for the Commission. Dave Miller (applicant) informed the Commission that he was redoing the station into a convenience store. Be stated he was available for questions. I( Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Merkley moved, Graves seconded, the motion to close the public hearing and approve a conditional use permit to allow retail sales of 3.2 beer in a General Business district located at 4195 Nicola Road in the southwest quarter of Section 19, as requested by Crown Coco, Inc., subject to all applicable Code ordinances and a successful police investigation. CONDITIONAL USE PERMIT/PII.OH SIGX/CROWN COOU, 10C. Chairman Pawlenty opened the next public hearing regarding application for a conditional use permit to allow a pylon sign located at 4195 Nicola Road in the southwest quarter of Section the 19. City Planner Jim Sturm introduced the matter to the Commission and stated that proposed condition number 3 should be deleted and the remaining three conditions renumbered. Dave Miller (applicant) stressed that he wanted to be able to compete with Amoco. Mr. Sturm stated a variance would be needed if the proposed sign were to be installed. Mr. Sturm stated that staff could work on the matter for another month and bring it back before the Commission, or the applicant could meet the sign conditions. Member Merkley commented that the Amoco sign was smaller. Chairman Pawlenty noted that he was not inclined to give the variance for the sign unless the need was demonstrated. Member Voracek remarked that the application was not for a variance and that the sign must meet Code. Member Merkley questioned if the matter should be continued. Member Graves questioned if the matter had been properly noticed. The applicant requested approval of the conditional use permit, and the variance request could be submitted later. Voracek moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow a pylon sign located at 4195 Nicola Road in the southwest quarter of Section 19, subject to the following conditions: 1. All applicable Code ordinances shall be adhered to. 2. A maximum height of 27 feet and 125 square feet of signage area per side shall be allowed. 3. The signage shall be limited to 20% of the canopy facade. All voted in favor. WAIVER OF PLAT/OPUS CORPORATIOH/EAGANDALE CENTER INDUSTRIAL PARK NO. 3 Chairman Pawlenty convened the next public hearing in regard to an application for a waiver of plat in order to combine 26 lots in Eagandale Center Industrial Park No. 3 into two parcels located in —11 Agenda Information Memo April 4, 1989 City Council Meeting E. License for Non -Intoxicating halt Liquor, Sagan E -Z Stop --An application for a non -intoxicating malt liquor license was applied for by Eagan E -Z Stop at 4195 Nicols Road. As stated in the previous agenda item, the owner's name is Crown CoCo Inc. The application is in order for consideration assuming affirmative action on the previous item regarding the conditional use permit. For additional i formation, refer to the application, a copy is enclosed on page I . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a non - intoxicating malt liquor license for Eagan E -Z Stop located at 4195 Nicole Road. SPECIAL NOTE: Normally this item would be a consent item but given the conditional use permit agenda item, it appears as an item of new business. DATE 2' _ An CITY OP EAGAN NEW ON SALE FEE' 3830 PIIAT XWE ROAD RENEWAL 7 -OFF SALE FEE; YO. 00 ZRG,JIN, MINNEWrA 55122 TEMPORARY TEMPORARY FEE $25{00 APPLICATION FOR NON-INMX1C== 'MAL.T LIQODR LICET C PLEASE PRINT _ /� r, e. •=Drt/�• ZAGAN E—Z p op r�'i0ew Last First Middle Lase First Middle �// Address L4gS IVi�e,tJ R� Address 31 V� as ars IE. Soret street //�1� M AJ. Mala 0w %-% t-1 13 City State Zip, City Sc4 p Zip W1 Phone Birthdate PhoneLiL-S3s-q�.•W�irthdate (_ F' Z. 5ra'lt ArWOCC3 FL•rst Middle Address.3101 U's+y aeca 5r, N, r£ Address Street Street llroj a Nov. .rrI41 City State Zip City State Zip / Phone ! fo /'2� '.'b I - 9 3 -1 Phone Birthdate • , r for the year ly 8iq , N 14 from 0 t 0 1 to 12. 3 1 Event': mons -j to monthate or temporary cense (t) Location: syj-e N s eoL% Rb Are you the actual proprietor? Yes 09) No ;tre you thhe aoun r of the property ofthe business location? Yes O No 00 p 1las,any other .license of this kind been grantedto you?"' Yes 0 No O Where ) rg p- gyp, f Cr€y, c� Are any taxes, .assessments .or utility bills for the premises unpaid or deliquenc? Yes (.) NO ( )i if yes, give reason. L)4lKfV0W V During the past year, has a summons been issued under the Liquor Civil Liability Lav MS 304.A802? Yes ( ) No ()0. if yes, attath.summons Copy. Have you ever been convicted? Yes ( ) No' 04) City (Orhar than 's traffic offense) Is this a Joint ownership or silent partnership? Yes ( ) No 00. If yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers for everyone involved. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD. EACAN'HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH. THE CITY OF EAGAN MAY INCUR' BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. I (we) HEREBY ACRES TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND 'LIE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF 'MY KNOWLEDGE AND BELIEF. C "- UTHORI2ED SICNATURElv� O} (C_ a �l_o 1.�'L� \lP First Full Middle V Last FOR TY US 0 Y � DATED 3 •a S ¢ t'-) 'POLICE APPROVAL: Yes [') No ( )SIGNED CITY COUNCIL APPROVAL: Yet ( ) No C) SICNED DATED 9.81 Agenda Information Memo April 4, 1989 City Council Meeting F. Conditional Use Permit for Crown CoCo Inc. to Allow a Pylon Sign --The Advisory Planning Commission at a public hearing held on March 28, 1989 also considered a conditional use permit for a pylon sign for the E -Z Stop station as referenced in the two (2) previous agenda items. The APC is recommending approval of this item. For additional information regarding the conditional use permit for a pylon sign, refer to the Com=nity Develo n Department report, a copy is enclosed on pages through The APC minutes for this item are enclosed on page(s)___,�_. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for Crown CoCo Inc. for a pylon sign to be located at the northwest corner of Diffley and Nicole Roads. CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANTS CROWN COCO, INC LOCATION: SW 1/4 SECTION 19 P.I.D. 10-01900-011-55 EXISTING ZONING: GB (GENERAL BUSINESS) DATE OF PUBLIC HEARINGt MARCH 281 1989 DATE OF REPORTS MARCH 22, 1989 REPORTED BYe OF COMMUNITY DEVELOPMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit for a pylon sign at the northwest corner of Diffley and Nicola Roads. Crown Coco, Inc. will be purchasing the existing Union 76 gas station. Crown Coco Inc. currently operates 19 EZ -Stop gas stations in Minnesota. Crown Coco, Inc. is proposing to remove the existing Union 76 sign on Nicols Road and replace it with a 4'x20' freestanding ground sign. The EZ -Stop pylon is indicated on the site plan for the SW corner of the site near TH-77 (Cedar Avenue). The proposed pylon is not in conformance with City Code. The 206 sq. ft. sign, including the 36 sq. ft. reader board, is 81 sq. ft. larger than the 125 sq. ft. permitted by Code. Also, the request is to allow the sign to be constructed to the same height as the Amoco sign across Diffley Road. The Amoco sign was approved for a height Variance at the September 15, 1981 City,Council meeting. This Variance allowed a 50' sign to be constructed. The applicant feels it is necessary to request the same height to compete with Amoco. The distinction given to freeway sign locations is the allowance of a ground sign in addition to the business pylon. "When used, a pylon sign is allowed in lieu of a freestanding ground sign." (Section 4.20, Subd. 6.B). Otherwise, freeway signs must comply in all other respects with the provisions of this Section. (Sect. 4.20, Subd. 6.D.) CONDITIONS: 1. All applicable Code Ordinances shall be adhered to. 2. A maximum height of 27' and 125 sq. ft. of signage area per side shall be allowed. 3. No monument signs shall be allowed on this site.. 4. Signage shall be limited to 20% of the canopy facade. M V. EZ -STOP ori.. � sty ::eithard Kenr7Pd�y • t U. ruse .. nae -73 e" At 01 e-9.! vV A& n 24 1 27 1 LL 1 10 11 !. DISTOCT Iq t CCiZ CEDF7+2 aGM) s 0 SCALE I:40l N CROWN OIL COMPANY 319 ULYSSES STN E MINNEArOUS.. M N SS4IS DAVE MILLER 331-292$ 4195 NICOLS ROAD wnef iENt1 R ZOOr YL \Ll\ttI.Nt 'I L. r.! 'r- -Lt' 1 P\[KING � e�D �ENtE sJ'�C'rEo l�iM I Tl\iY .�rMi W« YAti NI I VOL t _ f p M 1� J � %P*ALT w GAS ISLI'NLSJ ¢ j uN D![ a\Ye�f 11 �uI�DME. 7 � SI\EN[l� l•nMl I � Ersn.la. s14N tori 11W1, r\aw •`W - 1 Maw !PULE 4's ta' 11L NEW irr�W\Y lr"` New /Rm\T\ND.N6 1 ST l.iu IOP17� T\i.K1\li 6/w.NO 116M le'leryea- -__ftmrsmic L --P", 19 +[ R too.&@, - - — CSAu 30 ��FFLEY IAMoCo ?ROPERTY 3 VA 'RILE HOT QOGSSHA C CavoML 4 1 x t4' w. %LD6 IMILK(gs o 141CCLS 4�A24' F. bLD6 4051 PR{GE �I:FLEi sieve AI$V 5. to,"" ICL BEE vmvev 4'x 15' S. LLm PRicE fAICOLS SIGN 4'r s' i. C kM*T( E3A►1KI�iG FAST �1ly,r r,:rauA Ez FOOD MWDEfeSi7�. w rlur p �� 4v' to' FREE ST&Obomc.' faTeuND S1f.N (iC/ sAVE� SCALL Ps" a 0--o" to'x 17' FREE wxy S16.N (CNDARi S' x e' �R1eE rR�cE $1GN s�cN eN SAFE ♦OSE (opt AS &"tmb S16N stomNLE 4109 NIt % "kl:o Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Merkley moved, Graves seconded, the motion to close the public hearing and approve a conditional use permit to allow retail sales of 3.2 beer in a General Business district located at 4195 Nicols Road in the southwest quarter of Section 19, as requested by Crown Coco, Inc., subject to all applicable Code ordinances and a successful police investigation. USE PERMIT/PYLON SIGWCRONN COCO, INC. Chairman Pawlenty opened the next public hearing regarding application for a conditional use permit to allow a pylon sign located at 4195 Nicole Road in the southwest quarter of Section the 19. City Planner Jim Sturm introduced the matter to the Commission and stated that proposed condition number 3 should be deleted and the remaining three conditions renumbered. Dave Miller (applicant) stressed that he wanted to be able to compete with Amoco. Mr. Sturm stated a variance would be needed if the proposed sign were to be installed. Mr. Sturm stated that staff could work on the matter for another month and bring it back before the Commission, or the applicant could meet the sign conditions. Member Merkley commented that the Amoco sign was smaller. Chairman Pawlenty noted that he was not inclined to give the variance for the sign unless the need was demonstrated. Member Voracek remarked that the application was not for a variance and that the sign must meet Code. Member Merkley questioned if the matter should be continued. Member Graves questioned if the matter had been properly noticed. The applicant requested approval of the conditional use permit, and the variance request could be submitted later. Voracek moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow a pylon sign located at 4195 Nicole Road in the southwest quarter of Section 19, subject to the following conditions: 1. All applicable Code ordinances shall be adhered to. 2. A maximum height of 27 feet and 125 square feet of signage area per side shall be allowed. 3. The signage shall be limited to 208 of the canopy facade. All voted in favor. WAIVER OF PLAT/OPUS CORPORATION/RAGAMDALE CENTER INDUSTRIAL PARK NO. 3 Chairman Pawlenty convened the next public hearing in regard to an application for a waiver of plat in order to combine 26 lots in Eagandale Center Industrial Park No. 3 into two parcels located in Agenda Information Memo April 4, 1989 City Council Meeting t; v. -,L. ; . G. Waiver of Plat for Opus Corporation to Combine 26 Lots in Eagandale Center Industrial Park #3 into Two Parcels Located at the BE Corner of Lone Oak Road and Heil Armstrong Boulevard --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider an application by Opus Corporation requesting a waiver of plat to combine and split Lots 2-27, Block 3, Eagandale Industrial Park 3rd Addition into two separate 11.41 acre parcels located along the east side of Neil Armstrong Boulevard between Lone Oak and Apollo Roads. The APC is recommending approval. For additional information on this item, refer to a report prepared by the Department of Community Development and appropriate correspondence pertaining to the item enclosed on pagess(— through g*. The APC minutes are included on page(s) I00 — 102_ ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Opus Corporation to combine 26 lots in Eagandale Center Industrial Park #3 into two parcels as described. 0 CITY OF EAGAN SUBJECTs WAIVER OF PLAT APPLICANTe OPUS CORPORATION LOCATION: LOTS 2-27, BLOCK 3, EAGANDALE INDUSTRIAL PARR 3RD ADDITION EXISTING ZONING: LI (LIGHT DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 22, 1989 COMPILED BY: DEPARTMENT OF APPLICATION SUMMARY: An application has been submitted by Opus Corporation requesting a Waiver of Plat in order to combine and split Lots 2-27, Block 3, Eagandale Industrial Park 3rd Addition into two separate 11.41 acre parcels located along the east side of Neil Armstrong Blvd, between Lone Oak and Apollo Roads. This Waiver of Plat would split these 26 buildable lots, allowing the development of twin 150,400 sq. ft. office showrooms over the next two years. The proposed buildings are very similar to the existing Lone Oak Business Center buildings immediately to the west that were constructed between 1985 and 1987. As with those buildings, no building or parking setback variances are requested and all uses must comply with Light Industrial Code regulations. This area was platted in the mid -1960's with narrow lot widths and frontages to allow maximum efficiency of each lot by combining only the needed area for the specific user and building as development would occur. SITE PLAN: One access point onto Lone Oak Road has been aligned with Lone Oak Circle to the north and a truck access has been designed to come into the site directly from Neil Armstrong Boulevard. The County Highway Department originally wanted the City to require replatting of this property. The City and County share common concerns with the development along County roads and Opus Corporation has agreed to several planning -related items that have been included as conditions of this Waiver of Plat. Each 150,400 sq. ft, building would have a 15% office ratio and 858 warehouse ratio, with a maximum building coverage of 308 in a 358 district. Seven hundred parking stalls have been provided where the most strict code interpretation would only require 648 stalls. Based on that amount and the amount not presently being used in the Lone Oak Business Center, staff is comfortable that the number could be reduced if the applicant so desires as ample .proof -of -parking has been demonstrated. �� The submitted landscape plan is well done and ties in nicely with the Lone Oak'Business Center to ;the west.. PARK ISSUES: The proposal be subject to a cash parkland dedication according to the current policy and &V wide concrete sidewalk be placed.aong Lone Oak Road. 6RADiNG/DRAINAGE/EROBI0N CONTROL= No information was submitted concerning a grading, drainage and erosion control plan. The development will be required to provide information pertaining to grading, drainage and erosion control for staff review as part of the building permit review process. The City's Comprehensive Storm Sewer Plan does not identify any storm water ponding areas on this site. The development will be responsible for providing adequate storm water ponding on this site or on adjacent sites to limit the quantity of site generated storm water runoff to the existing overburdened storm sewer utilities on Lone Oak Road, Neil Armstrong Boulevard and Apollo Road. UTILITIES: No information was submitted concerning a sanitary sewer and water main layout plan. Sanitary sewer of sufficient depth and capacity to serve this site is readily available on Neil Armstrong Boulevard and Apollo Road. Water main service of sufficient capacity and pressure is readily available on all four sides of the development. BTREETS/ACCESS/CIRCULATIONa The proposed site plan as submitted shows one access to this site taken directly off Lone Oak Road opposite Lone Oak Circle, one access off Neil Armstrong Boulevard, and two accesses off Apollo Road. The Dakota County 5 -Year CIP has programmed for 1990 an upgrade of Lone Oak Road from Lexington Avenue to TH 55. The proposed improvements include reconstruction of Lone Oak Road to a four -lane divided roadway with left -turn lanes. The County has expressed concern about the distance between Neil Armstrong Boulevard and Lone Oak Circle. The distance does not allow for adequate left - turn lanes to be built. See attached letter from Dakota County. The proposed 24' wide entrance driveways are required to be upgraded to 30' wide entrances. Also, the development will be responsible for constructing the proposed parking lot area in accordance with City Code requirements. EASEMENTS/RIGHT-OF-RAYS/PERMIM The development will be required to provide appropriate ponding easements and utility easements for those public utilities constructed outside of the public right-of- way as required by the proposed site development. Current City Code requires an 80' right-of-way for a 44' wide street. Neil Armstrong Boulevard and Apollo Road are currently constructed to 44' wide in an existing 70' right-of-way. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. FINANCIAL OSLIGATIONO: Based upon my study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. FR7 i DBBCSIPTION HATS OTY ANT Future Street 90.35/FF 1034.46 FF $93,463 Future Trail 8.10/FF 1034.46 FF 8,379 TOTAL $101*842 WAIVER OF PLAT CONDITIONS: 1. Opus Corporation will agree to give controlled access to the County along the Lone Oak Road portion adjacent to this Waiver of Plat except for the access point granted by the access permits. 2. Opus Corporation will grant the 10' right-of-way easement for roadway purposes immediately south of the right-of-way line. 3. Opus Corporation will grant the 15' trailway easement immediately south of the right-of-way easement. 4. The parking setback along Lone Oak Road will be 35' from the right-of-way line. 5. The project will be designed so that access to the truck court will be taken from Neil Armstrong Boulevard. 6. The newly -created parcels shall be combined at the County within 60 days of the Waiver of Plat approval, with documentation to the City Clerk within 30 days of the recording. 7. All signage shall.be subject to the City's one time sign fee of $2.50 per sq. ft. S. The proposal be subject to a cash parkland dedication according to the current policy and a 6' wide concrete sidewalk be placed along Lone Oak Road. 9. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the Waiver of Plat dimensions and the rates in effect at the time of the City releasing the Waiver of Plat for recording. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. The development is subject to further requirements relating to grading, drainage, erosion control, street access, storm sewer, ponding, sanitary sewer, easements and water main as necessitated by the building permit process review by City staff. RECEIVED MAR Z DAKOTA * COUNTY aURVEV DEPARTMENT City of Eagan 3830 Pilot Knob Road Eagan, NN 55122 Att: Dale Runkle, City Planner OPUS CORPORATION — •AIVER OF PLAT Dear Rr. Runkle: f BART N. STEVENWK RJ_L COUfM SURVEYOR 012) 471•,153 APPLE VALLEY, MINNESOTA 5512 February 27, 1989 The Dakota County Plat Commission met on February 27, 1989, to consider the waiver of plat for OPUS CORPORATION. Said development is adjacent to County Road No. 26 and is, therefore, subject to the Dakota County Contiguous Plat Ordinance if property is platted. The Plat Commission would like to go on record to the City as opposing the granting of a waiver of plat. The use of the property as proposed constitutes a significant change in use from the time it was platted. Granting a waiver in this instance does not allow for the orderly development and does not take into consideration the public need for right of way, easements and access spacing. The short distance between Heil Armstrong Boulevard and Lone Oak Circle does not allow for adequate left turn lanes to be built in the future. The Plat Commission feels that this would be the appropriate time to review the possibility of realigning Neil Armstrong Blvd. to meet opposite Lone Oak Circle as C.S.A.H. NO. 26 is proposed to be rebuilt to a 4 lane divided highway in the near future. The Plat Commission hopes the City will consider these issues in reviewing the development and require a new plat. Sincerely yours, ,zrAo4. --- Gary B. Stevenson Dakota County Surveyor Plat Commission Secretary cc: Tom Colbert, Public Works Director — Sunde Land Surveying Dave Everds, County Highway Engineer Tom Swanson, Permits Technician Bob Worthington, Opus Corporation GHS/vf L�2 AN EQUAL OPPORTUNRY EMPLOYER km 3830 PLOT gJOB ROAD. P.O. BOX 21W9 VC ELS (AGAµ kg"SOTA 55121 Mq> MOPE: (612) 45x8100 bLiDKG6MFSON PAMELA MCOl64 NEODOFE WAC:HHI March 15, 1989 Ca" omwr6m WADWS HBX.'64 a,Adn,YdW GGR Eww OVERM GARY STEVENSON, COUNTY SURVEYOR arm DAKOTA COUNTY SURVEY DEPT 7300 w 147TH ST, SUITE 300 APPLE VALLEY, MN 55124 Dear Mr. Stevenson: On February 15, 1987, the City of Eagan received an application submitted by Opus Corporation requesting a waiver of plat in order to combine and split twenty-six platted lots into two parcels located at the southeast intersection of Lone Oak Road and Neil Armstrong Boulevard. Opus Corporation could obtain a building permit without replatting or going through the waiver of plat process; however, they want to satisfy both City and county concerns relating to this office/warehouse facility as well as their own corporate needs. The public hearing for the waiver of plat has been scheduled for March 28, and if the Advisory Planning Commission takes action, this item will be scheduled for review by the City Council on April 4. As you are aware, this waiver of plat will combine nine lots with frontage on Lone Oak Road into one parcel with a single driveway lining up with Lone Oak Circle to the north.- As proposed, all truck traffic to the twin 150,000 -square -foot office/warehouse buildings will be taken from Neil Armstrong Boulevard. The City of Eagan is also concerned with the development along county roads and, through this waiver of plat process, Opus Corporation has agreed to these platting -related items 1) Opus Corporation will agree to give controlled access to the county along the Lone Oak Road portion adjacent to this waiver of plat except for the access point granted by the access permits. 2) opus Corporation will grant the ten foot right-of-way easement for roadway purposes immediately south of the right- of-way line. 3) Opus Corporation will grant the fifteen foot trailway easement immediately south of the right-of-way easement. 4) The parking lot setback along Lone Oak Road will be thirty- five feet from the right-cf-way �line. THE (ONE OAK TM ... R9 SYMOM OF STREWH AND GROWTH IN OUR OMWALMTY GARY STEMSON MARCH 15, 1989 PAGE TWO 5) The project will be designed so that access to the truck court will be taken from Neil Armstrong Boulevard. Enclosed is a vicinity sap of the Eagandale Industrial Park with the current lot configuration for your review. The Lone Oak Business Center (lots 6 tbrough 13) immediately to the west were combined in a similar manner, with one access point onto Lone Oak Road. The City will continue to provide the county with development - related issues as early as possible in the reviewal process. If I may be of further assistance regarding this project or any other, please feel free to contact me. Sincerely, Jim Sturm City Planner Enclosure JS/mg cc: Vale C. Runkle, Community Development Director Thomas L. Hedges, City Administrator Thomas A. Colbert, Public work Director Mike Foertsch, Assistant City Engineer l� OUTLOT6 $ 5 74 AC.. OUTLOT 5 A 110 Ar: rvTr 1171 C%T A 1 ra rri k ERVICE 4AIL ER VFVS - WAIVt=H Vr FLA I rpt E -Z AIR EXCEVTKMI FARK STANDARD CARSON SHELARD PIRIE WAREHOUSE SCOTT 1'7 AC 1.67 Ac .._. .... 8 1.67 AC 11 HAt; 11 7.M AC 13 12 6 7 8 910 1112 11 ":` YYYYYYYY . as aaa aa�•••+ S VILLAUME LUMBER Oil F ROADWAY EXPRESS 247AC 747F �:'Jt. s 117Ac t5 �g .1. 1 .. 1S2AC 16' v ,7rtAC 17 177 AC Ip AC 177 AC 20 3M 123AC 21 r1A COMPANY Y Y Y Y Y CORPORATE a s a a a a SQUARE I 3 4 5 W 3 00 mz �AAC 2 11 AS AC 1 201 Ac ECONOMICS 11 SAC LABORATORY g EXCEP 36 1 `.35 AC R 14 _ 15 16 THE DONALDSON COMPANY YIYIYI�IYI�IYIRI�IY�I�IYIY 9fIT.2 T4T5T6T'T8T9f°Tf2T MHK eJ 'tlH 1�;10 rKum urum 9-uKr llk l l l l l�l l ii 7i ' 69 Ika lie .. a r mu& uu� � ,Jim IIImmlrm1111111111111111111f1ITII ILII I I I I II 111111111111111111 �L+ILll�ll IlllUllJlllllllllkllli I �I�1lULUUlUlU111WIIiIIIIIHIIIIIIIIWI K PLAT SURVEY FCW CORPORATION rom r� v ti • Lowe oAK LrormRAoa - io734.4i6 F:. F. ROAD ar m -.L Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Merkley moved, Graves seconded, the motion to close the public hearing and approve a conditional use permit to allow retail sales of 3.2 beer in a General Business district located at 4195 Nicols Road in the southwest quarter of Section 190,as requested by Crown Coco, Inc., subject to all applicable Code ordinances and a successful police investigation. CONDITIONAL USE PERMIT/PYLON SIGN/CROWN 0000, Inc. Chairman Pawlenty opened the next public hearing regarding application for a conditional use permit to allow a pylon sign located at 4195 Nicola Road in the southwest quarter of Section the 19. City Planner Jim Sturm introduced the matter to the Commission and stated that proposed condition number 3 should be deleted and the remaining three conditions renumbered. Dave Miller (applicant) stressed that he wanted to be able to compete with Amoco. Mr. Sturm stated a variance would be needed if the proposed sign were to be installed. Mr. Sturm stated that staff could work on the matter for another month and bring it back before the Commission, or the applicant could meet the sign conditions. Member Merkley commented that the Amoco sign was smaller. Chairman Pawlenty noted that he was not inclined to give the variance for the sign unless the need was demonstrated. Member Voracek remarked that the application was not for a variance and that the sign must meet Code. Member Merkley questioned if the matter should be continued. Member Graves questioned if the matter had been properly noticed. The applicant requested approval of the conditional use permit, and the variance request could be submitted later. Voracek moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow a pylon sign located at 4195 Nicole Road in the southwest quarter of Section 19, subject to the following conditions: 1. All applicable Code ordinances shall be adhered to. 2. A maximum height of 27 feet and 125 square feet of signage area per side shall be allowed. 3. The signage shall be limited to 208 of the canopy facade. All voted in favor. WAIVER OF PLAT/OPUS CORPORATION/RAGANDALE CENTER INDUSTRIAL PARR NO. 3 Chairman Pawlenty convened the next public hearing in regard to an application for a waiver of plat in order to combine 26 lots in Eagandale Center Industrial Park No. 3 into two parcels located in Page 3/EAGAN ADVISORY.PLANNING COMMISSION MINUTES March 28, 1989 the southeast corner of Lone Oak Road and Neil Armstrong Boulevard in the northwest quarter of Section 11. City Planner Jim Sturm updated the Commission in regard to the application and informed the Commission that the access issue had been resolved. Bob Worthington (Opus) indicated that Opus had problems with condition number 9 but stated that he would not go into detail at the APC level. Be distributed a Lone Oak brochure. He explained that the Center would be called 'Armstrong Business Center•. He further reviewed the project details and requested the waiver of plat in order to speed construction. He informed the Commission members he was available for their questions. Member Voracek questioned if the driveway expansions and the parking lot were mentioned in the proposed conditions. Assistant City Engineer Mike Foertsch pointed out that they should not be conditions. Member Gorman asked if the building would be something other than prefab concrete. He commented that the surrounding neighbors had quality buildings. Mr. Worthington responded that they would like the architecture to remain the same as previous projects. Member Merkley had concerns regarding proposed conditions number 3 and 4. Chairman Pawlenty questioned the County's access policy. Be stated that he felt the County should not tell the City what the uses should be. Member Graves questioned the formula for the parking requirements. Trygg moved, Merkley seconded, the motion to close the public hearing and approve a waiver of plat to combine 26 lots in Eagandale Center Industrial Park No. 3 into two parcels located in the southeast corner of Lone Oak Road and Neil Armstrong Boulevard in the northwest quarter of Section 11, as requested by Opus Corporation, subject to the following conditions: 1. Opus Corporation will agree to give controlled access to the County along the Lone Oak Road portion adjacent to this waiver of plat except for the access point granted by the access permits. 2. Opus Corporation will grant the 10 foot right-of-way easement for roadway purposes immediately south of the right-of-way line. 3. Opus Corporation will grant the 15 foot trailway easement immediately south of the new 10 foot right-of-way easement. \O Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 4. The parking setback along Lone Oak Road will be 35 feet from the new 10 foot right-of-way easement line. 5-. The project will be designed so that access to the truck port will be taken from Neil Armstrong Boulevard. 6. The newly created parcels shall be combined at the County within 60 days of the waiver of plat approval, with documentation to the City Clerk within 30 days of the recording. 7. All signage shall be subject to the City's one-time sign fee of $2.50 per square foot. 8. The proposal shall be subject to a cash parkland dedication according to the current policy and a 6 foot wide concrete sidewalk be placed along Lone Oak Road. 9. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the waiver of plat dimensions and the rates in effect at the time of the City releasing the waiver of plat for recording. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. The development is subject to further requirements relating to grading, drainage, erosion control, street access, storm sewer, ponding, sanitary sewer, easements and water main as necessitated by the building permit process review by City staff. All voted in favor. KINGSWOOD 3RD ADDITION/HORNE DEVELOPMENT Chairman Pawlenty opened the next public hearing regarding the application for a preliminary plat consisting of 46 single family lots on 28.0 acres located along the west side of Pilot Knob Road in the southeast quarter of Section 16 and the northeast quarter of Section 21. City Planner Jim Sturm summarized the application for the Commission. Be informed the Commission that the staff had concerns regarding the assessment issue. He stated that the outlots should be combined to prevent tax forfeiture. Rollie Crawford (Horne Development) stated that the plat was around the MnDOT ponding area and thus the request for the variance for the cul-de-sac. He stated that most issues would be resolved before the final platting process. He explained the retaining walls �C>�L Agenda Information Memo April 4, 1989 City Council Meeting H. Comprehensive Guide Plan Amendment for Coventry Pass Addition to Change Land Use Designation from IND (Industrial), P (Parks), and D -XI (Mized Residential) to D-iI and P. Rezoning of 122.4 AG Acres to R-1 and a Preliminary Plat Consisting of 240 single Family Lots --A public hearing was held by the Advisory Planning Commission at its regular meeting of February 28, 1989 to consider the comprehensive guide plan amendment, rezoning and preliminary plat as described above for the Coventry Pass Addition located east of Dodd Road and south of Wescott Road. The APC recommended approval of all applications but requested that a dump site located on the property be studied to determine the nature and extent of the materials which were disposed in it. This study was to be completed prior to this matter being forwarded to the City Council for its consideration. This study has been completed and has been reviewed by the departments of Community Development, Public Works and Parks. These departments have indicated that the study has addressed the concerns which were raised and that the materials defined do not pose a hazard to future residents. For additional information in this regard, please refer to the C'no�� e Community Devlo went Department report which is found on pages ;P through For a copy of the Advisory Planning Commissi1on action in thip regard, refer to the minutes enclosed on pages +through i, - The Advisory Parks and Recreation Commission reviewed this matter at its March 2 Commission meeting and recommended a combination of parkland dedication, a cash dedication, partially offset by a parkland credit, responsibility of the developer for parks grading in excess of $8,720.45 and a trailway. ACTION TO BE CONSIDERED ON TSIs ITEM: To approve or deny the comprehensive guide plan amendment, rezoning of 122.4 AG acres to R-1 and a preliminary plat consisting of 240 single family lots as presented. t03 t - - - - ---r--CITY ors imam -r nDZ IPMN ':a�rnrar-r - AWRE RZN/ �EMYIVE w �,, -&LAT# -VARIANCE (CUUMIr PAW •DDXTZ M) APPLICA9Tt FRONTIER COMPASIES/UBITED MRTGMZ LOCATIOEt `M 1/4 BECIMM 24 EBISTIHG EOfMES .J► DATE OF PUBLIC SaARINGt FEBRUARY 28, 1989 - DATE OF RBPORTs FEBRUARY 21, 1989 REPORTED Ers APPLICATION S NKAMrs Separate applications have been submitted requesting a Rezoning of 106.9 AG (Agricultural) acres to an R-1 (Single Family) district and 15.9 acres to PF (Public Facilities) for City parkland and a Preliminary Plat for the Coventry Pass Addition consisting of 225 lots. This large triangular site of 122.4 acres is located east of Dodd Road abutting Inver Grove Heights to the east, the R-1 Country Hollow Additions and General Business zoned Clarke:n ,Place to the south. •1 j• COMPREHENSIVE LAND USE GUIDE PLAN The Eagan Comprehensive Guide Plan In the City's statement of goals, objectives, and policies for guiding future development within the City. The Land Use Plan designates the types and locations of future land use for all property in Eagan. The boundaries of these future land uses are generally located for undeveloped or under -developed parcels. When a specific development project is proposed for such parcels, the locations and boundaries of the land use designations should be refined to reflect appropriate developments. The proposed project includes property designated in the Land use Plan for D -II (Mixed Residential, 0-6 units per acre), P (Parks), and ISD (Industrial): The proposed development contains- 225 single family lots plus a 15 -acre (approx.) park, and would: be consistent with the D -II and P designations. Cowever, the location for the proposed park is different from the area designated for P on the Land Use Plan. As such, the proposed project requires a Comprehensive Plan Amendment within the project boundaries tot 1) change the area designated P to D -II, 2) change portions of the area designated D -II to P. and 3) change the area designated IND to D -II. The amendment changing the land use designation from D -II to P and P to -D-II is basically a relocation of the sage uses within the project -area, rather than a change in lend use types. Likewise, given the current location of the D -II area to the south of the existing IND area, the amendment changing the land 12.- L04 Z. Lu4 use designation from niD to aII is wssentially a refinesent of the land use designation boundaries. iLMROUNDS the original plan was reviewed=6y the Advisory -Manning commission .`an; December 22s:;--4988 and continued for a variety of reasons. One of the most important issues vas the parkland dedication. The ""Comprehensive Plan, as well as the Parks System Plan, recognises the need of -a neighborhood park in that portion of the City. That area was previously illustrated between Dodd Road and the large pond near the center of the site. This revised application proposes to shift the park to the southeast adjacent to Industrial -coned Inver Osove-Ssights and the Clarkson Addition. The City's Parks Department reviewed this site and a conceptual development plan.submitted by the applicant to determine whether the proposed .layout .net the City's. neighborhood parks requirement. =lt did not. Soon after that December meeting, United Mortgage became involved in the project and a new design/engineering firm was brought into the project. The old plan was dropped and anew conceptual plan was submitted for staff review. Planning and Parks departmental staff not with the applicant to review the plan and it was agreed that the Advisory Parks A Recreation Commission would review the concept plan at the January meeting. Ebwever, no specific action regarding the dedication requirements would be allowed. The Parks Commission generally agreed that the revised parkland dedication may meet their park service d'istr'ict requirements. At that meeting, a neighbor brought out the fact that dumping had occurred on the proposed parkland parcel. Thin was an issue that City staff, as well as the applicant, was unaware of. As a result, the Parks "Coamission continued this iter until an Environmental Geotechnical Analysis of the proposed parkland could be obtained. .Braun Engineering has taken several borings within the proposed parkland and confirmed a 100' : 200' buried dump site - approximately 15" deep. This comprehensive review is not complete-, butshould be prior to the Marcs 2nd Parks Commiasion.Oeeting. At a meeting held an February 21, the applicant, and City staff, agreed to place this item on the February 28 APC meeting so the land use question could be resolved While the environmental analysis is being completed. Action by the Advisory Parks i Recreation Commission will be taken only When the Environmental Analysis is completed by Braun Engineering and reviewed by City staff. If the site can be cleaned up to City and NPCA standards, the item will then be scheduled for the next available City Council meeting.. The applicant has agreed in writing to this process.. ExISTIM ODNDITIM/BITE NANs This site consists primarily of open grassland, with scattered oaks near the pond and the farmstead east of the large central pond. The farmstead will remain initially on two lots. The home will need to book up to City utilities immediately since the lot area In below the one acre ainimum R-1 lot size for well and septic systems. The overall site plan is ari improvement over the original plan - most of the double-fronted•lots have been eliminated and the access • Tong Dodd Road has been shifted to the north. -All lots Beet, or exceed, R-1 requirements, 'but some of the lots along Dodd Road `+ will be tough to build on without reducing the setback to -401. This would be similar to 4Nhispering moods Additions -along--Slater Road where no direct access is taken. the lots vary in size from 12,000 square feet to 65;100 square %et' with the largest adjacent to parkland. 'the average size is 15,960 - with a net density texcluding park andiR.O X.) of 2.74 emits/acre. 73. LOCO GRADING/DRAINAGE/SROSIOF•CONTROL*-41he-prelizinary grading -plan tted as a part -5 e application proposed cut and fill areas ranging from 31'-4to 10'. respectively. -Fill of approximately 20'.is proposed 'to be placed over an existing 12" PVC sanitary sewer. 6" mater slain and 12"' storm sewer force main in the southwest corner -of the. development. Staff recommends that the .existing 6" stater main be removed and replaced with- a new line installed at the proper depth. --The other two lines should be tested before and after the fill is placed to check for damage to the.ezisting pipes. The preliminary street grades as shown.on the grading plan seat the City's standards. This development is required to match the existing grades provided in the adjoining Country Hollow development. The grading plan shows slopes steeper than a 3al slope in four areas. If the grading plan cannot be revised to show a 3:1 slope, then retaining wall construction is required. Staff recommends that thegrading plan along the north end of Pond JP -25.3 be revised to show that the pond be excavated to the normal water level. The grading of the lots abutting Dodd Road shall be designed to match the future street grade of the upgraded Dodd Road. Two sets of retaining walls are shown on the grading plan along the east property 'line ranging in height from 2 to 10'. The design of ,the retaining walls will be reviewed by City staff. The development is proposing to convey the site generated, storm water runoff from the north and of the site to Pond JP -56 as per the City's Comprehensive Storm Sewer Plan. The preliminary drainage plan proposes to provide an outlet for Pond JP -56 to Pond JP -23, which also receives storm water runoff from the central portion of .the development. As shown on the drainage plan, Pond JP -23 is required to have a storm sewer outlet draining to Pond JP -24. Pond JP -24, located in the southeastern area of this develop"nt, and Pond JP -25.4 shall have store sewer outlets draining to 'Pond JP -25.3. A majority of Pond JP -25.4 is located on parcel number 010-79, which is currently undeveloped. The development will be required to provide emergency overland outlets from all low areas. Staff recommends that a storm sewer inlet be added in between Lots 17 and 16 of Block 7 on Lantern Lane to collect the runoff water in the backyard swale. The storm sewer inlet shall have sufficient capacity to handle 7 cis. The two existing culverts that.cross Dodd Road north of Birene '.Road collect 'runoff from the northwest side of Dodd POad and -convey it to the southeast -side. staff recommends that storm P sewer lines shall be extended along Dodd Road to collect the ._ runoff from the two existing culverts and vonvey the.._runoff to one of the ponds in the development. A An incomplete erosion and sediment contiol plea was Submitted with the plat application. UTILITIES: "Sanitary sewer service'"of 4*ufficient depth 'nd capac ty is readily available to the southwest corner of the site. An existing 12" PVC sanitary sewer is shown to be utilized ., for connections from two proposed 8" sanitary sewer lines and for connections from services from 9 lots in the southwest corner of the site. An existing 12" PVC sanitary sewer is also available to the site on Prairie Ridge Road in the Country Hollow development. The 12" sewer is -85 feet south property line of the .site and has sufficient capacity and depth. In order to connect to the 12" sewer, the developer will be required to remove 85' of existing 8" sanitary sewer on Prairie Ridge Road that does not have sufficient capacity. An 8" sanitary sewer and 6" water main will also be available for connection on the south property line of the .site when the Country Hollow 2nd Addition development is constructed. According to the utility plan submitted for review, the development will be constructing approximately 3000' of 12" sanitary sewer on the site. The 12" diameter pipe is required in order to handle the flow of the 42 lots in the Hills of Stonebridge development that is shown to be directed into the system draining through this site plus the flow from the undeveloped area to the east in Inver Grove Heights. Water main service of sufficient pressure and capacity is readily available along the south side and west side of the development. The development is proposing to connect to the existing 12' water main on Dodd Road and loop through the development and connect to three existing 6" water main stubs that have been provided by the Country Hollow lot and 2nd Addition developments. The 1988 City water Distribution System Plan shows an 8" trunk water main be installed through this development from the existing 12" water main on Dodd Road to the southeast corner of this development. As shown on the utility plan submitted for review, sanitary sewer and water main stubs shall be provided to parcel number 010-79 in the northeast corner and along the south property line of the parcel. I4- `cR STREETS/A�8/CIBCOLATIOffs •Street aaccess =to -this site -is readily��ab a trom Waa Road on the crest and three streets on the south that circulate through the Country Hollow let and 2nd Additions to Diffley Road.: -This development will improve the access to the Country Hollow development, which has access off Diffley Road in only one location. Temporary cul -de -saes -gill be required on the ends Of all -stub streets. Staff recommends that the developer work with the southeasterly adjacent property owner (parcel numbers 012-76 and 017-76) to determine if street access should be provided to the west half of the parcels from Country View Drive. Due to the steep slopes on the parcels, street access will be difficult to be obtained from the east to T.S. #3. Staff also recommends that the developer work with the southwesterly adjacent property owner (parcel number 010-53) to determine if street access should be extended to the west on Street M. The steep slopes along Dodd Road will make access difficult for this parcel from Dodd Road. The additional traffic generated from this development will accelerate the need for Dodd Road to be upgraded within the next 2-3 years. Dodd Road is currently a rural section roadway is on the Municipal State Aid Street system. EASEMENTS/RIGST-OF-41AYS/PERMITS: The development will be required t— o provide the appropriate ponding easements for all the ponds in this development to the required high water level and storage volume requirements in accordance with the City Comprehensive Storm Sewer Plan. Temporary easements will be required for all of the temporary cul-de-sacs. A 50' half rigbt-of-way is required.for Dodd Road. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency::;: FINANCIAL OBLIGATIONS: A review 'of City records shows the ollow ng current;ng assessment of record: DESCRIPTION Paw. i Storm Sewer Lateral 541 TOTAL PENDING ABSESStg= RATE QUANTITY AMOUNT $1,250/ac 3.5 $4,373 $4,373 The following charges relating to City infrastructure improvements necessary to serve this development are proposed in accordance with present City Policy t82-1: �P�1\ 1b. DESCRIPTION MIN �1NTITY `'�I!lOONT Sanitary Sewer Trunk $655/lot 4 144 $94,320 water Trunk �1,390/ac .i3.9 _$46,782 Stora Sewer Trunk $.O53Jef-._ 501440894 $113,679 Street (Dodd Road) 820/ff 2,608.54 $520171 TOTAL $306,952 All final financial obligations will be calculated in accordance with final plat areas and dimensions and rates in effect at the time of the final plat approval. 1b. I. these standard _ 9ooditions__9f plat approval -as adopted by Council action an September 1'f, 1987 shall be complied with# Al, Bl, 32• 313r.84t • C2. 4:3•,x.'?• -D2• and Z. The existing farmstead shall connect to City utilities. -3. if the farmstead is removed; %a dell and septic system shall be abandoned to NFC 40/City standards. - - 4. A Variance shall be all awd for street R in ancess of 500'. S. Bo direct driveway access auto Dodd Road shall be allawd. 6. 40' setbacks shall be allowed along Dodd load. 7. The development to required to maintain a mmximam depth of 6 feet of cover an the existing water sain in the southwest corner of the development. 8. The development is responsible for any damage which say occur to any existing City public utility line which results from the proposed site grading and development. 9. The development will be required to match the existing street grades provided in the adjoining Country Hollow 'development. 10. The development is required to adhere to the City's maximum 3sl slope criteria. 11. The development is required to submit plans and specifications for the proposed retaining wall construction for staff review and approval. 12. The development is required to provide storm sewer to adequately accommodate the storm water runoff which currently conveyed by the rural ditch section along Dodd Road. 13. The development -will be required to provide esurgeney overland outlets from all low areas. 14. A storm sewer inlet to required between Lots 16 and 17 of Block 7 an Lantern Lane to collect the runoff ester in the backyard *wale. 15. A 50 foot half right-of-way to required for Dodd Road. 16. The development is required to limit post development phosphorus export levels to predevelopment levels. 17. The development is required to provide sanitary sewer, storm sewer, and water wain stubs to all adjacent properties as determined by City staff. sTANDiRD CMDITlM OF PLAT APPROUL A. Assessments 1. This development shall accept its additional assessment obligations as defined in 'the -staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. S. Easements and sigbts-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of.this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead and public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be �(o included in the Development Contract and not released until one year after the date of installation. STANDARD PAGE 2WO S. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements fir• ::- _ - 1. If any public improvements are .to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. P. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 6. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approveds August 25, 1967 September 15, 1967 Revised: LTSi2 STANDARD I * PIONEER Uwe evmeers . W W Pia • Wd Surveyors • Wdwspe Arch twte engineering February 22, 1989 Mr. let Was; Director of Parks Mr. Jim Sturm; City Planner City of Eagan - - 3830 Pilot Knob load Eagan, Minnesota 55122 IM: Coventry Pass Refuge Disposal Site P.E. Jab t 88135.4 Gentlemen: Due to the discovery of a refuge disposal site an the Coventry Pass parcel, United Mortgage is in the process of determining its impacts on the entire development and especially an the proposed park in which the disposal site is located. Braun Environmental Laboratories, has been hired to investigate the disposal site limits and area, whether or not it contains hazardous waste materials, and monitor the ground water for pollutants. As of this date all of the information gathering and testing is not aamplete. ffierefore,.we are requesting that we be removed from the city council agenda, and a continuance be granted so all pertinent data can be collected, analyzed, and a course of action formalized. If the disposal site is evaluated to be hazardous, the removal and clean up will take place under strict rules and guide lines of the Minnesota Pollution Cmtrol'Agency. If the disposal site is inert and non hazardous, Braun Environmental Laboratories have been asked to determine its ability to support park facilities, such as playground equipment, back stops, playing fields etc.. Based on their findings United Mortgage, is prepared to do whatever is necessary to assure the long term useability of the property, as a park facility. We are proceeding as rapidly as possible to complete the testing and provide reports to all concerned. Thank you for your help in this natter. Sincerely, PMNEER ENGIbaMRING, P.A. 00 ker W R. Tauero IW:blh Ill�� 2422 Enterprise Drive • Mendota heights, Min 55120 • (612) 891-1914 low pp IMF 0 CA a t- 9 f 'k�J I If' kT► "6W "'kf- I FIR, =NEW 1; e-. il a Nib d=b ftiture park sHois "m wk db k a ftow" elfaur IV V, WA ACW T7 fle"ll W"v r-li —71 L r 1 0 44 MGM ft on &a wm* rrusr. I I Lftswamiw~816 y tLe woo& nwt d*NVAWS is P4. addNkn mosw IV OWAM ow" &*Aim r-- nk'CEI'�� � N ter• r•—.r 113 t 1 M� wMsaMMr PLO op COVENTRY 'ASS [ADAM, MMM[/MA • 4WIMML PLAN• YIIS� 1\, ••e arm �� • ter. w.--�� t MIA +�ai�iilt it ece:ss----a---- _ ,'L--a � �Y ■ covoi"I PINK � PMSUMIUM RAW �T i iiiifi ,�f// •' f mmw-'mr,t V1 ;�r. l.1 ��F-�"_,___._�, I 1i 6-A1 --w11_ _-r� rm ![ i = = t -I= j OOUOAIIr �IiEDWAL MOOM OMM •• _ �s--I�,..R, -�a __...�.. _ EiiE" L�I.�SIiiL4pid'w• 7E N i r' IR r STORM SEWER TRUNK - 2.144,894 SF. sawELMAV" .�.� a 4 12 . ri ' e01�Y11 M�lr ���L MOOII�OIIA� � RR....o dyj o1 r SE ■ it lR��a'a •y.� WATER TRUNK - 33.9 ACRES i rAV aut v / lmw.. 1 r. a� a o1 r SE ■ it lR��a'a •y.� WATER TRUNK - 33.9 ACRES i ' tael��tr �wrer ta'aw�ti�sr+ow� +nm � ! _ .r �� -' . _ i•ba10 Fi•Y.ti\•..•'•..ii� . tafts t i •.r. 41 u tea_ � •;. . �r N las-.e+ct • it W....... SANITARY SEWER TRUNK — 144 LOTS . 1 . -..cam yrrY ` '' I . , 't "I ' �OI�AIM �/Irlt /a1t�IQAL NOOII�OIIA1m � • I wwnar� tart. ... j -...... .�..�. N ,.•Zi—�-.. , lC--.... ' SE to e � .tt AMM`/4�5MM±� t t do Y 1 t— �t;�fPrar _ DODD ROAD — 2808.84 F.F. M. 1 m i•am j�zgo JP -21 Ats • SUBJECT PARCEL FIO 0 1 city of ea sale 0: STORM SEWER +�� a Pueuc t� f: (� W ""s MASTER PLAN OME C -BB * �SUBJECT'PARCEL FIG*2 city cf StWIdWd SAAMTARY SEWER 0: KOUC Lm wonas MASTER -PLAN I Page 4/EAGAN ADVISORY PLANNING COMMISSION MDIOTES February 28, 1989 Chairman Pawlenty asked the Commission if the Commission should approve the rezoning of the property or deny it. Member Voracek stated he felt there seemed to be a hardship situation. He questioned if the terrain was feasible to bring a street to the back. City Planner Jim Sturm stated that stovepipe lots were an option. Mr. Crawford stated that other access options were examined. Be stated that grade problems do exist and that it would be impossible to have normal access for residential purposes. Member Merkley stated that the parcel was rezoned less than one year ago and disagreed with the developer's logic. Mr. Crawford stated that no one carefully looked at the site at the time the parcel was rezoned. Member Graves stated the concept was discussed last year and the Commission felt it was inappropriate then. He stated be did not see any difference and that it should not be upgraded. Mr. Crawford further explained reasons for their request. Member Trygg concurred with Member Graves and stated she felt there was no reason to change the zoning. Member Graves was concerned regarding the loss of trees. Mr. Crawford stated the trees would be going either way. Member Miller stated the area was down zoned at the developer's request. Graves moved, Trygg seconded, the motion to close the public hearing and deny a Comprehensive Guide Plan Amendment changing the land use designation from D -II (Mixed Residential) to Limited Business, a rezoning of 1.4 Agricultural acres to a Limited Business district on Outlot C of the preliminary platted Kingswood 2nd Addition located along the west side of Pilot Knob Road, south of Wescott Road in the northeast quarter of Section 21. All voted in favor. FRONTIER COMPAMIBQ/ MINES Chairman Pawlenty opened the next public hearing regarding the application for a Comprehensive Guide Plan Amendment changing the land use designation from Industrial, Parka, and Mixed Residential to Mi:ed Residential and Parksl a rezoning of 122.4 Agricultural acres to a Single Family district= and consisting of 225 lots located east of Dodd Road and south of Wescott Road in the east half of Section 24. City Planner Jim Sturm summarised the application, explained the problems with the previous proposal and the changes in the present proposal. He informed the Commission that the double fronted lot issue had been resolved. Wayne Tower (Pioneer Engineering) stated the developer had no problems with staff recommendations. Be reviewed the changes from the previous plat and distributed the site plan for the park. In reference to the old dump site, he informed the Commission that the dump would be removed if it were hazardous. Be further explained the Page 5/EAGAN ADVISORY PLANNING CONNISSION NINOTES February 28, 1989 park site and reviewed the site plan as referenced in the staff report. Be described the phases of the development. Chairman Pawlenty asked for the price ranges of the homes. The developer responded the price range would be between $93,000.00 and $100,000.00. Pawlenty reported that the area was designated D -II and that the developer was entitled to certain density. He stated the Commission could not force the developer to build more expensive homes. Stuart Strachaf, Stafford Place, informed the Commission that Frontier had not finished Stafford Place. Be stated he felt there should be no further developments until Frontier's other obligations were fulfilled. He presented a petition to the Commission. Don Klein, Dodd Road, stated that the impending assessments would cause him to break up his property. He had concerns regarding the access and the size of the houses. Tony Thomas, 593 Prairie Circle West, presented a petition to the Commission (Exhibit A attached to the minutes). Be read the petition proposals to the Commission. He had concerns regarding the types of homes. Warren Israelson, Country Hollow developer, was excited about the new lot layout and requested the developer discuss the home sizes. George Kohen, 597 Prairie Circle West, had concerns regarding the impact of single family demographics to the general area. Be provided a copy of the Country Hollow Protective Covenants to the Commission. Beverly Davis, 440 Pennsylvania, stated she was a resident of Stafford Place and requested that Frontier finish their homes. Donald Forester, Stafford Place, asked if the City could stop the construction of the Frontier homes. Be detailed the construction problems with his home and stated he was dissatisfied with Frontier. Leonard Parent, 4000 Dodd, had concerns regarding future development and informed the Commission that he owns the exception piece. City Planner Jim Sturm showed the location of the proposed access to the exception piece. Commissionmember Trygg requested that Frontier respond to the public's complaints. Paul Oakes responded that the major complaint was the sod. Be informed the Commission that all sod would be installed in the t2 k Page 6/EAGAN ADVISORY PLANNING COMMISSION NINUTES February 28, 1989 spring. Member Graves questioned if the residents had been informed. Mr. Oakes stated no. The developer stated that Burnsville was totally sodded. Member Miller questioned if Stafford Place was an issue. The developer stated that the gas into the project was the developer's problem. Chairman Pawlenty asked the developer to respond to Mr. Klein's concerns. Frontier stated it would work with Mr. Klein to solve the problem. Frontier further stated that United Mortgage was the developer, not Frontier. Ron Helmer (United Mortgage) informed the Commission that United Mortgage was the owner and developer. Be stated he felt the plat was a good proposal and that other issues should not be mixed in with the plat proposal. Chairman Pawlenty asked if Blocks 7, 8 and 9 could be developed similar to Country Hollow. The developer responded that it was evaluating the lots. There was much discussion regarding the transitional buffer effect of Blocks 7, 8 and 9. Member Merkley asked Frontier if representatives would meet with the neighbors. The developer responded yes. Member Graves questioned if the City reviewed covenants. City Planner Jim Sturm responded not for single family. Member Voracek questioned the recourse the City would have for defective developments. Mr. Sturm stated that if there was a development agreement, the City may have a recourse. Member Voracek questioned that if the developer were to realign the cul-de-sac to the Klein property, whether Klein would allow the cul-de-sac to terminate on his property. There was further discussion regarding the Klein access. Member Merkley complimented Tower on the new plan. Member Voracek questioned if there was anything in the conditions regarding the dump. Mr. Sturm stated that the matter would not proceed to the Council until the dump study report was completed and the issue was resolved. Be further stated that the applicant bad waived the time limitation. City Attorney Mike Dougherty Frontier complaints, the City was the developer was United Mortgage. stated that in regards to the dealing with separate entities as Member Voracek recommended to the builder that it be more responsive with the Stafford residents. There was much discussion regarding the builder construction problems. Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES February 26, 1989 Member Graves recommended that a meeting be scheduled, prior to the City Council meeting, with the Country Hollow residents and explained to them how Blocks 7, 8 and.9 would be tied into the Country Hollow Addition. Chairman Pawlenty stated it could be added as a condition. City Planner Jim Sturm recommended the addition of standard conditions F-1 and G-1 to the proposed conditions. Chairman Pawlenty summarized the builder problem options and recommended the addition of the condition that the developer inform the Council what transition,method would be used on Blocks 7, 8 and 9. Voracek moved, Trygg seconded, the motion to close the public hearing and amend the Comprehensive Guide Plan changing the land use designation from Industrial, Parks, and Mixed Residential to Mixed Residential and Parks, as submitted by Frontier Companies, for Coventry Pass. All voted in favor. Voracek moved, Graves seconded, the motion to approve the rezoning of 122.4 Agricultural acres to a single family district, in regards to the Coventry Pass development. All voted in favor. Voracek moved, Markley seconded, the motion to approve a preliminary plat consisting of 225 lots located east of Dodd Road and south of Wescott Road in the east one-half of Section 24, as submitted by Frontier Companies - Coventry Pass, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: A1, B1, B2, B3, B41 Cl, C2, C3, C5, D1, E1, F1, and G1. 2. The existing farmstead shall connect to City utilities. 3. If the farmstead is removed, the well and septic system shall be abandoned to WPC 40/City standards. 4. A variance shall be allowed for Street R in excess of 5001. 5. No direct driveway access onto Dodd Road shall be allowed. 6. 40' setbacks shall be allowed along Dodd Road. 7. The development is required to maintain a maximum depth of 8 feet of cover on the existing water main in the southwest corner of the development. S. The development is responsible for any damage which may occur to any existing City public utility line which results from the proposed site grading and development. Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES ? February 28, 1989 9. The development will be required to match the existing street grades provided in the adjoining Country Hollow development. 10. The development in required to adhere to the City's maximum 3:1 slope criteria. 11. The development is required to submit plans and specifications for the proposed retaining wall construction for staff review and approval. 12. The development is required to provide storm sewer to adequately accommodate the storm water runoff which currently is conveyed by the rural ditch section along Dodd Road. 13. The development will be required to provide emergency overland outlets from all low areas. 14. A storm sewer inlet is required between Lots 16 and 17 of Block 7 on Lantern Lane to collect the runoff water in the backyard swale. 15. A 50 foot half right-of-way is required for Dodd Road. 16. The development is required to limit post development phosphorus export levels to predevelopment levels. 17. The development is required to provide sanitary sewer, storm sewer, and water main stubs to all adjacent properties as determined by City staff. 18. The developer shall schedule a meeting with the Country Hollow residents, prior to City Council review, to discuss how Blocks 7, 8 and 9 will be tied into the Country Hollow Addition. 19. The development is required to complete the dump study report and resolve the issues, prior to City Council review. All voted in favor. CONDITIONAL OBH PERNIT/DAVANNI'E/CLIFF LAZE CENTRE AWITIOH Chairman Pawlenty opened the meeting in regard to the application for a conditional use permit to allow on -sale liquor, 3.2 beer and wine in a community shopping center district located on Lot 2, Block 1, Cliff Lake Centre Addition, at the northeast intersection of Cliff Lake Road and Cliff Road in the southwest corner of Section 29. City Planner Jim Sturm presented the application to the Commission. t54 Agenda Information Memo April 4, 1989 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING CITY OF BAGAN X. Comprehensive Guide Plan Amendment, City of Eagan, and a Rezoning of Approzimately 64 R-4 Multiple Acres Within the Lezington south Planned Development to PF (Public Facilities) District Located at the southwest Corner of Diffley and Lexington Avenue --A public hearing was held by the Advisory Planning Commission meeting held on March 28, 1989 to consider a rezoning of 64 acres currently R-4 to public facility zoning to allow for construction of a City reservoir and future athletic field complex. The APC is recommending approval. For additional information on this item, refer to a report prepared by the Department of Community Development enclosed on pages L3(, through . The APC minutes for this item are enclosed on page(s)�. The Parks and Recreation Department is beginning its analysis of the 64 acres as to location of certain parkland facilities. The preliminary parkland use plans will be drawn during the next several months and informational meetings scheduled for later in the fall with surrounding property owners. The reservoir site has been located which is on the north side of the property somewhat adjacent to Lexington Way and Diffley Road. The reservoir construction will begin in the next several weeks. Once plans have been reviewed by the Parks and Recreation Commission informational meetings with the neighbors, a final parkland use plan will be brought back to City Council late this fall and construction will begin in 1990/1991. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and rezoning from R-4 multiple to public facility for 64 acres from land recently acquired from the Department of Housing and Urban Development, southwest of the Diffley Road and Lexington Avenue intersection. , I 3 - -�-- ------- Y---CITY-4F-SAGAtiI _,-------- — SUBJECTs -COMPRE®TSIVE -WIDE -PLAN �• "1MtEMMU NT, yARZONING APPLICANT: CITr OF MAN -LOCATIONS -NAI 1/4 SECTION 26 -% NE 1/4 -SECTION 27 EXISTING ZONINGS - cAIWLTIKA)..� - _ DATE OF PUBLIC ffiJ1RI9GS AIABCH 38,"19®9~ DATE OF REPORT: MARCH 22, 1989 — - REPORTED BYs -DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION SUNKARrs -The City -of Eagan recently acquired from HUD approximately 64 R-4 (Multiple) zoned acres -within the Lexington South Planned Development. At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to rezone the property to a Public Facilities district to allow a City reservoir and athletic field complex. Currently, this parcel consists primarily of open flat grassland and is generally well-suited for its proposed use. The site does fall rapidly along the west and southwestern property lines towards the Wilderness Park Addition and Caponi property. Adequate buffering between these two different adjacent land uses should be incorporated into the development plans. COMPREHENSIVE PLANS The subject site is designated as D -III (Mixed Residential, 6-12 units per acre) in the Comprehensive Land Use Guide Plan. Development of the site for park uses would therefore require a Comprehensive Plan amendment to change this land use designation to P (Parks). A P designation should be generally compatible with the adjacent LB (Limited Business), D -I (Single Family), D -III (Mixed Residential, 6-12 units per acre) and CPD (Commercial Planned Development) designations. 36 I; • � e Cl Nlllu� �� p �I II�:`m��r �. ro, •iu,� J V �. Page 16/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 and Gorman agreed. Member Graves stated he had no problem with a gas station at the proposed location. Joe Christensen informed the Commission there were no specific plans for the Duckwood overpass. He stated there would be no problem with the traffic and felt a potentiality was being discussed. Be stated it was a specific proposal for the situation as it exists. He remarked that the property to the south has commercial uses. Chairman Pawlenty polled the Commission in regards to the use. The developer requested a continuance to enable them to work with the staff. City Planner Jim Sturm stated the matter should be reviewed and the applications revised and the matter would be brought back before the Advisory Planning Commission as old business. Miller moved, Voracek seconded, the motion to close the public hearing and continue the matter regarding a Comprehensive Guide Plan amendment, a rezoning, a preliminary plat and a conditional use permit as requested by Phillips 66 Company for the Phillips 66 First Addition. All voted in favor. Member Voracek requested a review be conducted of the access. He also stated that staff should review the triangular parcel. CITY OF EAGAH/LEXINGTON SOUTH PLANNED DEVELOPMENT/RESERVOIR Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 64 multiple acres within the Lexington South Planned Development to Public Facilities district located at the southwest corner of Diffley Road and Lexington Avenue in the northwest quarter of Section 26 and the northeast quarter of Section 27. City Planner Jim Sturm introduced the matter to the Commission. Member Graves questioned how the farm properties would obtain access. City Attorney Mike Dougherty stated that the farm had an easement. Miller moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 64 R-4 (Multiple) acres within the Lexington South Planned Development to PF (Public Facilities) district located at the southwest corner of Diffley Road and Lexington Avenue in the northwest quarter of Section 26 and the northeast quarter of Section 27. All voted in favor. I ;5 Agenda Information Memo April 4, 1989 City Council Meeting J. Comprehensive Guide Plan Amendment, City of Eagan, and a Rezoning of Approzimateiy 7.4 R-3 Acres within the Lazington South Planned Development to an R-1 District Located in the NE 1/4 of Section 26--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider the rezoning of 7.4 acres of R-3 zoning to R-1 that was recently acquired from HUD. The APC. is recommending approval. For additional information on �t�h-r�i.,O s item, refer t the staff report, J a copy is enclosed on pages through nL!— The APC minutes for this item are included on page(s). ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and a rezoning of 7.4 acres from R-3 to R-1 within the Lexington South Planned Development. ✓F� 2W., x-1r-�— _ ZUBJECTs IPBBUSIVE - -WIDz . _:PI.AN - AHZEDM NT, — SONWG- - APPLICANTS-CI'1'F-W-ZWAN - --- _ - IA)MIONS BM 1/4 $zCTION'26 _ EXISTING-SONIHGs !-3 XTOWMHOU68)! DATE OF PUBLIC BSARIBGs DATE OF REPORTs -MARCH-22, 3989 REPORTED Nrs DEPARTMzmT OF COMMON w DzvzAp![m - - - APPLICATION SUNKARYS The City of Eagan recently acquired from HUD approximately 7.4 R-3 (Townhouse) zoned acres within the Lexington South Planned Development. At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to rezone the property to an R-1 (Single Family) district. The site is relatively flat and wooded with some mature hardwood trees, as well as secondary deciduous growth. This area is well- suited for single family homes and the trees would provide a nice buffer to Diffley Road and the commercial property to the west. COMPREHENSIVE PLAN: The subject site is currently designated CPD (Commercial Planned Development) in the Comprehensive Land Use Guide Plan. The proposed rezoning of this property to R-1 (Single Family) would require a Comprehensive Plan amendment to change the land use designation to D-1 (Single Family, 0-3 units per acre) for consistency between the Comprehensive Plan and zoning designations. A D -I designation would be generally compatible with the adjacent PF (Public Facility), D -II (Mixed Residential, 0-6 units per acre) and D -I designations to the north, east and south. Adequate buffering between the CPD (Commercial Planned Development) designated parcels to the west would be necessary to assure appropriate transitions between these land uses. I k�Z) VIN I I� �w 0 if fir, 4 13 ,I 'j; Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF SAGAH/LBEIPGTON SOUTH PLANNED DEVELOPMM/HORTaEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LE%INGTON SOUTH PLANNED DEVELOPMENT/SOUTH RALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves peconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF EAGAM/LEEINGTON SOUTH PLANNED DEVELOPMENT/SOUTMEST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. 41 Agenda Information Memo April 4, 1989 City Council Meeting .1. e • _ 1_ : c -L-11-4 —dam 4, c K. Comprehensive Guide Plan Amendment, City of Ragan, and a Rezoning of Approximately 10.9 R-2 Acres Within the Lazington South Planned Development to an R-1 District Located Along the Borth Side of Wilderness Run Road and East of Walnut Rill Part[ --The APC held a public hearing at their last meeting of March 28, 1989 to consider a comprehensive guide plan amendment and rezoning of 10.9 acres within the Lexington South Planned Development to an R-1 district which was recently acquired from HUD by the City. The APC is recommending approval. Enclosed on pages ( 4 T through 11 1 is a copy of the staff report. The APC minutes for this item are included on page(s) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and a rezoning of 10.9 acres located adjacent to Walnut Hill Park and Wilderness Run Road. (4.3 _ __SUBJECT: _12SONING _ . - APPLICANTe +.CITr OF Eke" r LOCATION: 8 112 ONCT16B 26'. �- EXISTING SONINGs R-2 _OdPLEX) _ DATE OF PUBLIC HEARIBGe -_MARCH :-2B, 4989. DATE OF RETORT: .IL%RCH 22, .1989 REPORTED BYs -DEPARTMENT OF COMMUNITr DEVELOPMENT APPLICATION SUMMARY: At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to allow the sale of 10.9 R-2 (Duplex) acres as an R-1 district, thus requiring zoning to a Single Family district. This site is situated between portions of Walnut Hill Park on the .north side of Wilderness Run Road. Upon more detailed review, a Comprehensive Guide Plan amendment is not necessary. This site is heavily -wooded and falls rapidly from the hill to the north and Wilderness Run Road to a ravine between the two. Any residential development on this site would need to be very sensitively done to retain the existing character. COMPREHENSIVE PLAN: The subject site is currently designated D -I (Single Family, 0-3 units per acre) in the Comprehensive Land Use Guide Plan. The proposed rezoning of this property to R-1 (Single Family) is consistent with this designation; therefore a Comprehensive Plan amendment is unnecessary.. 17 1 ---,_ 0 „Y.... m...,,77 �• 111 P�, ,>�n noon L.I� 11� qn n ,!' G Ilia Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF SAGAN/LSBIHGTOR SOUTH PLANNED DSVELOPM6NT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF SAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/SOUTH HALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF RAGAN/LESINGTON SOUTH PLANNED DEVELOPMENT/SOUTHKEST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. Agenda Information Memo April 4, 1989 City Council Meeting L. Comprehensive guide Plan Amendment, City of Sagan, and a Rezoning of Approximately i.s multiple Acres Within the Lexington South Planned Development to LB (Limited Business) Located North of Diffley Road and West of Lexington Avenue --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a request by the City to rezone 1.5 acres R-4 to LB (Limited Business) of property that is no longer required as a reservoir site given the recent acquisition of the HUD parcel. This property is located adjacent to the Soderholm parcel that is proposed as a LB development. The APC is recommending approval. For additional information on this item, refe to the staff report, a copy is enclosed on pages Al'a through M. The APC minutes for this item are included on page(s) 0 " Q . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the comprehensive guide plan and rezoning of 1.5 acres of R-4 to LB which will allow the City to declare the property surplus and sell to the adjacent property owner at a fair market value. - SUBJECTs OOMPRIBEWIVE GUIDE -PLAN -: MBM[BNT. - -_-=-'RZSoNIZa APPLICANTi CITr OF EA4AN - — - _- LOCATION: 8 1/4 SECTION 23 -- E%ISTING SoNINGs R-4 (MULTIPLE)'"' -- -r -_ DATE OF PUBLIC HZRRINGs ,_JVACH 28#4989 ---- DATE OF REPORT: LARCH 22, 1989 APPLICATION SUMARYs At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to allow the potential sale of approximately 1.5 R-4 (Multiple) zoned acres to a LB (Limited Business) district, thus requiring a Rezoning. This site currently holds a City well facility, however, that uses only needs a small portion of this site. This site is located along Lexington Avenue, just north of Diffley Road. There is no vegetation of significance on this flat site. COMPREHENSIVE PLAN: The subject site is designated D -I (Single Family, 0-3 units per acre) in the Comprehensive Land Use Guide Plan. Development of the site with Limited Business uses would therefore require a Comprehensive Plan amendment. This LB designation would be generally compatible with the adjacent D -III (Mixed Residential, 6-12 units per acre) and PF (Public Facility) uses on the east and south. However, adequate buffering of this site from the adjacent D -I uses to the north and west is needed to provide appropriate transitions between these land uses. �- 8 �1L - I '�'�� 'M�3.1 1 Mal �� Ca��ir Imo. ,�' �e ♦1111 1 � _/�_ �. /�j� � �_ Oc G�11111i'��1=.��� 1• -`'!ill . •11otl7 �I _ n umw Ir/ ly q I �i � Off �1: NL�� � 11� • Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF EAGAN/LEXINGTON SOUTH PZJMRD DEVELOPMENT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/SOUTH HALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves Seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/SOUTMfEST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. Page 18/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 City Planner Jim Sturm summarized the application for the Commission. City Attorney Mike Dougherty informed the Commission that Members Voracek and Trygg should amend their motion in regard to the Soderholm Addition and add a condition number 15 stating that the City properties must be purchased. Voracek moved, Trygg seconded, the motion to add condition 15 tc the Soderholm Addition conditions for the preliminary plat stating that the Soderholm Addition must purchase the City of Eagan property. All voted in favor. Trygg moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 R-4 (Multiple) acres within the Lexington South Planned Development to LB (Limited Business) located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. All voted in favor. ADJOURNMENT Miller moved, Voracek seconded, the motion to adjourn the meeting of the March 28, 1989, Advisory Planning Commission at 11:45 p.m. All voted in favor. S j- -------retary--------a -Eag---------n A------- ecdvisory Planning Commission `E l Agenda Information Memo April 4, 1989 City Council Meeting a. comprehensive Guide Pian Amendment for Coventry Pass Addition to Change Land Use Designation from IND (industrial), P (Parks), and D -ii (Nixed Residential) to D -ii and P, Resoning of 122.4 AG Acres to R-1 and a Preliminary Plat Consisting of 240 Single Family Lots --A public hearing was held by the Advisory Planning Commission at its regular meeting of February 28, 1989 to consider the comprehensive guide plan amendment, rezoning and preliminary plat as described above for the Coventry Pass Addition located east of Dodd Road and south of Wescott Road. The APC recommended approval of all applications but requested that a dump site located on the property be studied to determine the nature and extent of the materials which were disposed in it. This study was to be completed prior to this matter being forwarded to the City Council for its consideration. This study has been completed and has been reviewed by the departments of Community Development, Public Works and Parks. These departments have indicated that the study has addressed the concerns which were raised and that the materials defined do not pose a hazard to future residents. For additional information in this regard, please refer to the Community1^Develo went Department report which is found on pages L� 4 through �. For a copy of the Advisory Planning Commission action in thJA regard, refer to the minutes enclosed on pages + through The Advisory Parks and Recreation Commission reviewed this matter at its March 2 Commission meeting and recommended a combination of parkland dedication, a cash dedication, partially offset by a parkland credit, responsibility of the developer for parks grading in excess of $8,720.45 and a trailway. ACTION TO BE CONSIDERED ON THIS ITEMS To approve or deny the comprehensive guide plan amendment, rezoning of 122.4 AG acres to R-1 and a preliminary plat consisting of 240 single family lots as presented. to - - - - --•-f dTY ar A&GA i - • +r- r"T'ter+ - foam =$ MWR IVE —4071010 IOP -sum -•r UMMNE Tf, r'r-INUANC8 APPLICANTs FRONTIER COMPANIEB/UNIMM MORTGAGE LDCATIOWs —M 1/4 RIC22M 24 EEZBTffi3 205104E —A DATE OF PUBLIC BEARI Gx PEBRUARY'28, 1989 DATE OF REPORTs PEBRUARr 21, 1989 EY1. I147Y , .• ,_")IF M APPLICATION SUMMAMrs Separate applications have been submitted requesting a Rezoning of 106.9 AG (Agricultural) acres to an R-1 (Single Family) district and 15.9 acres to PF (Public Facilities) for City parkland and a Preliminary Plat for the aoventry Pass Addition consisting of 225 lots. This large triangular site of 122.4 acres is located east of Dodd Road abutting Inver Grove Heights to the east, the R-1 Country Hollow Additions and General Business zoned Clarksun Place to the south. CONPREHENSIVE LAND USE GUIDE PIM The Eagan Comprehensive Guide Plan In the City's statement of goals, objectives, and policies for guiding future development within the City. The Land Use Plan designates the types and locations of future land use for all property in Eagan. The boundaries of these future land uses are generally located for undeveloped -or under -developed parcels. When a specific development project is proposed for such parcels, the locations and boundaries of the land use designations should be refined to reflect appropriate developments. The proposed project includes property designated in the Land Use Plan for D -II (Mixed Residential, 0-6 units per acre), P (Parks), and IND (Industrial): The proposed development contains.. 225 single family lots plus a 15 -acre (approx.) park, and would: be consistent with the D -II and P designations. However, the location for the proposed park is different from the area designated for P on the Land Use Plan. As such, the proposed project requires a Comprehensive Plan Amendment within the project boundaries to: 1) change the area designated P to D -II, 2) change portions of the area designated D -II to P, and 3) change the area designated IND to D -II. The amendment changing the land use designation from D -II to P and P to D -II is basically a relocation of the same uses within the project .area, rather tban a change in land use types. Likewise, given the current location of the D -II area to the south of the existing IND area, the amendment changing the land J L• L04 use designation from IND to SII is essentially a refinement of the land use designation boundaries. -JL%MRWM& '1'be 4Wigigal pian Was reviewed =by the Advisory -Taming Commission :an. December 12, =4988 and continued for a variety of reasons. _-One of the ooit important issues was the parkland dedication. The _'Comprehensive Plan, as well as the Parks System Plan, recognizes the need of a neigbborhood park in that portion of the City. That area was previously illustrated between Dodd Road and the large pond near the center of the site. This revised application proposes to shift the park to the southeast adjacent to Industrial-soned Inver Prove :weights and the Clarkson Addition. The City's'Parks Department reviewed this site and a conceptual development plan submitted by the applicant to determine whether the proposed .layout .mist the City's neighborhood parks requirement. `It did not. Soon after that December meeting, United Mortgage became involved in the project and a new design/engineering firm was brought into the project. The old plan was dropped and a new conceptual plan was submitted for staff review. Flaming and Parks departmental staff met with the applicant to review the plan and it was agreed that the Advisory Parks i Recreation Commission would review the concept plan at the January meeting. Eowever, no specific action regarding the dedication requirements would be allowed. The Parks Commission generally agreed that the revised parkland dedication may meet their park service district requirements. At that meeting, a neighbor brought out the fact that dumping had occurred on 'the proposed parkland parcel. this was an issue that City staff, as well as the applicant, was unaware of. As a result, the Parks Commission continued this item until an Environmental Geotechnical Analysis of the proposed parkland could be obtained. Braun Engineering has taken several borings within the proposed parkland and confirmed a 100' z 200' buried dump site - approximately 15' deep. This comprehensive review is not complete, but should be prior to the !larch 2nd Parks Commission meeting. At a meeting held an February 21, the applicant, and City staff, agreed to place this item on the February 28 APC meeting so the land use question could be resolved while the environmental analysis is being completed. Action by the Advisory Parks a Recreation Commission will be taken only when the Environmental Analysis is completed by Braun Engineering and reviewed by (City staff. If the site can be cleaned up to City and MPCA standards, the item will then be scheduled for the net available City Council meeting. The applicant has agreed in writing to this process. EXISTIMG COMDITIOEB/BITE FL Nis This site consists primarily of open grassland, with scattered oaks near the pond and the farmstead east of the large central pond. The farmstead will remain initially on two lots. The home will need to hook up to City utilities immediately since the lot area is below the one acre minimum R-1 lot size for well and septic systems. The overall site plan is an improvement over the original plan - most of the double -fronted lots have been eliminated and the access to J -along Dodd Road has been shifted to the north. -all lots meet, or exceed, R-1 requirements, -but some of the lots along Dodd Mond will be tough to build on without reducing the setback to 401. This would be similar to -11hispering floods #ddit400ms -along --Slater Road where mo direct access is taken. 'Mho lots vary in also from 12,000 square feet to 65;100 square -gset� with the largest adjacent to parkland. The average size is 15.960 - with a net density texcluding park and S.O.M.1 of 2.74 snits/acre. 13. �0(a ="IW/DRAINAGB/SROSIOR COHTIbDLs --The preliminary grading -plan sub tted as a part or Mrs application proposed cut and fill areas ranging from 31'-4to 10'. respectively. V _ _- " uh Fill of approximately 10' to proposed to be placed over an -existing 12" PVC sanitary sever. G" water satin and 12" storm sewer force main in the southwest corner `Of the development. Staff recommends that the existing G" water main be removed and replaced with a new line installed at the proper depth. --Vhe other two lines should be tested before and after the fill is placed to check for damage to the existing pipes. The preliminary street grades as dhown on the grading plan meet the City's standards. This development is required to match the existing grades provided in the adjoining Country Hollow development. The grading plan shows slopes steeper than a 3:1 slope in four areas. If the grading plan cannot be revised to show a 3:1 slope, then retaining wall construction in required. Staff recommends that the grading plan along the north end of Pond JP -25.3 be revised to show that the pond be excavated to the normal water level. The grading of the lots abutting Dodd Road shall be designed to match the future street grade of the upgraded Dodd Road. Two sets of retaining walls are shown on the grading plan along the east property line ranging in height from 2 to 10'. The design of the retaining walls will be reviewed by City staff. The development is proposing to convey the site generated storm water runoff from the north and of the site to Pond JP -56 as per the City's Comprehensive Storm Sewer Plan. The preliminary drainage pian proposes to provide an outlet for Pond JP -56 to Pond JP -23, which also receives storm water runoff from the central portion of the development. As shown on the drainage plan, Pond JP -23 is required to have a storm sewer outlet draining to Pond JP -24. Pond JP -24, located in the southeastern area of this developmint, and Pond JP -25.4 shall have storm sewer outlets draining to Pond JP -25.3. A majority of Pond JP -25.4 is located on parcel number 010-79, which is currently undeveloped. The development will be required to provide emergency overland outlets from all low areas. Staff recommends that a storm sewer inlet be added in between Lots 17 and 16 of Block 7 on Lantern Lane to collect the runoff water in the backyard Swale. The storm sewer inlet shall have sufficient capacity to handle 7 efs. `l7rl ' The two existing culverts that crone Dodd Road north of Blrene =.]bad collect runoff from the northwest side of Dodd Road and convey it to the southeast side. -Staff recommends chat satora sewer lines shall be extended alang Dodd Road to collect the _ runoff from the two existing culverts. and convey the .,Nunoff to _. one of the ponds in the development. -An incomplete erosion and sediment contiol plan 4ias Aabmitted with the plat application. UTILITIES: "Sanitary sewer service f �Iufficient depth and capac this readily available to the southwest corner of the site. An existing 12" PVC sanitary sewer is shown to be utilized } for connections from two proposed 8" sanitary sewer lines and for connections from services from 9 lots in the southwest corner of the site. An existing 12" PVC sanitary sewer in also available to the site on Prairie Ridge Road in the Country Hollow development. The 12" sewer is -85 feet south property line of the .site and has sufficient capacity and depth. In order to connect to the 12" sewer, the developer will be required to remove 85' of existing 8" sanitary sewer on Prairie Ridge Road that does not have sufficient capacity. An 8" sanitary sewer and 6" water main will also be available for connection on the south property line of the .site when the Country Hollow 2nd Addition development is constructed. According to the utility plan submitted for review, the development will be constructing approximately 3000' of 12" sanitary sewer on the site. The 12" diameter pipe is required in order to handle the flow of the 42 lots in the Hills of Stonebridge development that is shown to be directed into the system draining through this site plus the flow from the undeveloped area to the east in Inver Grove Heights. Nater main service of sufficient pressure and capacity is readily available along the south side and west side of the development. The development is proposing to connect to the existing 12" water main on Dodd Road and loop through the development and connect to three existing 6" water lain stubs that have been provided by the Country Hollow 1st and 2nd Addition developments. The 1988 City Nater Distribution System Plan shows an 8" trunk water main be installed through this development from the existing 12" water main on Dodd Road to the southeast corner of this development. As shown on the utility plan submitted for review, sanitary sewer and water main stubs shall be provided to parcel number 010-79 in the northeast corner and along the south property line of the parcel. 74• `oq 8TR88'1's/ACCEBs/CIRCULATION: Street access =to -this mite is red ly ava abs Cron Road on the most and three streets on the south that circulate through the Country Hollow lot and 2nd Additions to Diffley Road. -Whim development will improve the access to the Country Hollow development, _.which has access off Diffiey Road in only one location. Temporary cul -de -saes will be required en the ends of all -stub streets. Staff recommends that the developer work with the southeasterly adjacent property owner (parcel numbers 012-76 and 017-76) to determine if street access should be provided to the west half of the parcels from Country View Drive. Due to the steep slopes on the parcels, street access will be difficult to be obtained from the east to T.H. #3. Staff also recommends that the developer work with the southwesterly adjacent property owner (parcel number 010-53) to determine if street access should be extended to the west on Street M. The steep slopes along Dodd Road will make access difficult for this parcel from Dodd Road. The additional traffic generated from this development will accelerate the need for Dodd Road to be upgraded within the next 2-3 years. Dodd Road is currently a rural section roadway is on the Municipal State Aid Street system. EASEMENTS/RIGHT-OF NAYS/PERMITS: The development will be re:au4 " to provide the appropriate ponding easements for all the ponds in this development to the required high water level and storage volume requiresente in accordance with the City Comprehensive Storm Sewer Plan. Temporary easements will be required for all of the temporary cul-de-sacs. A 50' half right-of-way is required.for Dodd Road. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected.agency::; FINANCIAL OBLIGATIONSs A review of City records shows the 'following current pending assessment of records DESCRIPTION PROJ. # RATE QUANTITY AMOUNT Storm Sewer Lateral 541 $1,250/ac 3.5 $4,373 TOTAL PENDING ASSESSMENT $4,373 The following charges relating to City infrastructure improvements necessary to serve this development are proposed in accordance with present City Policy #82-1: 1b. DESCRIPTION JLRTS =�m►HTITY alIOZ1HT Sanitary Sewer Trunk $655/lot -144 $94,320 Water Trunk $1,390/aC .i3.9 .$46,782 Storm Sewer Trunk S.053/of _ -2,144,994 $113,679 Street (Dodd Road) -$20/ff 2,608.54 $52,171 TOTAL $306,952 All final financial obligations will be calculated in accordance with final plat areas and dimensions and rates in effect at the time of the final plat approval. 1b. 1. These ,standard _ conditions --- �of plat approval as adopted by Council action an September 1S, 1987 shall be complied withs al, 81, s2, 23 _04t Tl• C2, C3,A9, "D1, and sl.r ._---- Z. The existing farmstead small ocmnect to City utilities. '3. If the farmstead is removed; 9; an laud otic rites small 40 be abandoned to NPC a y standards. - 4. D Variance shall be aliowsd for Street K in sseess of 5001. S. Bo direct driveway seeus auto Dodd Road shall be allowed. G. 40' setbacks shall be allowed along Dodd Doad. 7. The development is required to maintain a maximum depth of 6 feet of cover on the existing water main in the southwest. corner of the development. S. The development In responsible for any damage Which say occur to any existing City public Utility line Which results from the proposed site grading and development. 9. The development will be required to match the existing street grades provided in the adjoining Country Hollow development. 30. The development is required to adhere to the City's maximum 3:1 slope criteria. 11. The development is required to submit plans and specifications for the proposed retaining wall construction for staff review and approval. 12. The development is required to provide storm sewer to adequately accommodate the storm water runoff Which currently conveyed by the rural ditch section along Dodd Road. 13. The development *will be required to provide emergency overland outlets from all low areas. 14. A storm sewer Inlet is required between Lots 16 and 17 of Block 7 an Lantern Lane to collect the runoff water In the backyard Swale. 15. A 50 foot half right-of-way is required for Dodd Rood. 16. The development is required to limit post development phosphorus export levels to predevelopment levels. 17. The development is required to provide sanitary sewer, storm sewer, and water lain stubs to all adjacent properties as determined by City staff. y STANDARD CMDITIM Or PLAT APP20VAL A. Assessments 1. This development shall accept Its additional assessment obligations as defined in'!be-ztaff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. a. Easements and Eigbts-of-fty 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of.this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead and public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. <t -�-- 1(0• STANDARD CONDITIONS OF PLAT APPPOPJIL PAGE TW 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. -Public Improvements 1. If any public improvements are.to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. P. Park■ Dedication 1. This development shall fulfuil its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTSi2 STANDARD I * PIONEER ow Encbmwo • Land Ftnne,a • Land s, • Landscape aatrteot. * engineering February 22, 1989 Mr. Ren Mast Director of Parks Mr. Jim Sturm; City Planner City of Wagon - - 3830 Pilot Knob Road .Sagan, Minnesota 55122 BE: Coventry Pass 10efuge Disposal Site P.E. Jab t 88135.4 Gentlemen: Due to the discovery of a refuge disposal site on the Coventry Pass parcel, United Mortgage is in the process of determining its impacts an the entire development and especially an the proposed park in which the disposal site is located. Braun Environmental Laboratories, has been hired to investigate the disposal site limits and area, whether or not it contains hazardous waste materials, and monitor the ground water for pollutants. As of this date all of the information gathering and testing is not complete. Therefore, we are requesting that we be removed from the city council agenda, and a continuance be granted so all pertinent data can be collected, analyzed, and a course of action formalized. If the disposal.site is evaluated to be baaardous, the removal and clean up will take place under strict rules and guide lines of the Minnesota Pollution Control Agency. If the disposal site is inert and non hazardous, Braun Environmental Laboratories have been asked to determine its ability to support park facilities, such as playground equipment, back stops, playing fields etc.. Based an their findings United Mortgage, is prepared to do whatever is necessary to assure the long term useability of the property, as a park facility. We are proceeding as rapidly as possible to complete the testing and provide reports to all concerned. Thank you for your help in this natter. Sincerely, PIONEER ENGINEERING, P.A. NRN R. TBuer MU: blh 2422 Enterprise Drive Mendota Heights. � � Mlnisots 55120 • (612) 681-1914 i +.' 739 • Y::7'� N� �P77 4 y� uEld Off0. fl! ,LorI WIM a, 1-112 . & . IM A*" ow" 14 am" UNUP" CA n MINI W6• ; 2M ;011: 11111 69 VX -P 2L '4-9, aw G. W vimanom" . - irf7174M.r•,,.M7Mw i I, ; 4=mss` = - 't —i. :;':.':' •�:�'' is )Jim J-1 Cho OAF" MITCJ 0 V, Nvw 14"41A.'' itj,t�t, wfl,l r - itk CEl'�� r tgg8 r rr �. �r1A•Y MEN m..— Y we �—I op wIaSSp1.IR a COVENTRY NA!! [ADAM. MINNESOTA w r �m �� : ti9ttt#;itl�l ems: 'rs i ti �"� ooveMm+r Mss �� PFMU W lw 3 a Q 9 r �;Iltllll�.� 'j'•'' I�Ill�ltlu�l�ll l��illlllllllll �;Iltllll�.� 'j'•'' i 1pi�_� ts�III:S:r Yom- G FI� P 1 y • ommv rmli mmL ■10011/011A� ec,ofte ri:i..4•` i ' . i �_ Mxrr�R•s�•-; ` CSS ,'• r STORM SEWER TRUNK — 2.144,894 l�F. ..:..: t ec,ofte ri:i..4•` i ' . i Mxrr�R•s�•-; ` CSS ,'• r STORM SEWER TRUNK — 2.144,894 l�F. ..:..: t ., SeuaMr GWWWV Mss -L DOOMOUTM j s�s. +,•. Ef�t�..li�ii�er� R. SE • i WATER TRUNK - 33.9 ACRES ' t I I f3Y �` jI.S�♦,? A 88W� MoiMIQAL WOOM RATM f —ice g1�{j�'IfYYSR'{m`• "tab. 61L low �a ;':� SANITARY SEWER TRUNK - 144 LOTS. E�6�S.�Li7[iti.— � � J tow low �a ;':� SANITARY SEWER TRUNK - 144 LOTS. E�6�S.�Li7[iti.— 0 . q�,-. 1tMI1•- • I rw�s� Rttiei6TGf�.ffi!��!• f ' • M-•0 • low . EM, �f. t4C 1 �iG. �trte�•_ SEr M _ �� 1 aMe�wa7ra Y'� � `yam � _ � � I � 'M '• � MAM• f �. = � 71r'•� •�� ���_�— � ail E r��~� • t HOMESPip ' _ DODD ROAD - 2808.84 F.F. -s z a #a" 1 Ism MOM Is -ex Ax JP -al Ls -17 i1 .323 _s OP -25 BQ I `�+• l • 4• J _ �.` i •upf011S MO • l 287-*= Lam.; 0---... momSEi- DDLE I 51 P 50 964Y �3 �•+- ���lll r `mmm". f �_ 5 ;ARK I j �� t 4:s u L 1 2 • SUBJECT PARCEL - f10�1 city o uc STORM KWER OFAS MASTER PLAN OF .--ILJ •-� . , � :�� -- — i •_� .: _. r w �-1 amu'! AUMTo.•t suet «s- Al ! C -BB SUBJECT PARCEL F1602 city o�� SA�LITANY SEW=W"rAd:w'orxs MASTER?LA of -, � ; •,fir. ���?:.�tiq/�� 7! {FIJI A c IZu -In iSZs 7.t- Page 4/EAGAN ADVISORY PLANNING COMMISSION MII1DTZS February 28, 1989 Chairman Pawlenty asked the Commission if the Commission should approve the rezoning of the property or deny it. Member Voracek stated he felt there seemed to be a hardship situation. Be questioned If the terrain was feasible to bring a street to the back. City Planner Jim Sturm stated that stovepipe lots were an option. Mr. Crawford stated that other access options were examined. Be stated that grade problems do exist and that it would be impossible to have normal access for residential purposes. Member Merkley stated that the parcel was rezoned less than one year ago and disagreed with the developer's logic. Mr. Crawford stated that no one carefully looked at the site at the time the parcel was rezoned. Member Graves stated the concept was discussed last year and the Commission felt it was inappropriate then. Be stated he did not see any difference and that it should not be upgraded. Mr. Crawford further explained reasons for their request. Member Trygg concurred with Member Graves and stated she felt there was no reason to change the zoning. Member Graves was concerned regarding the loss of trees. Mr. Crawford stated the trees would be going either way. Member Miller stated the area was down zoned at the developer's request. Graves moved, Trygg seconded, the motion to close the public hearing and deny a Comprehensive Guide Plan Amendment changing the land use designation from D -II (Mixed Residential) to Limited Business, a rezoning of 1.4 Agricultural acres to a Limited Business district on Outlot C of the preliminary platted Kingswood 2nd Addition located along the west side of Pilot Knob Road, south of Wescott Road in the northeast quarter of Section 21. All voted in favor. FRONTIER CDMPANIBR/NO Chairman Pawlenty opened the next public hearing regarding the application for a Comprehensive Guide Plan Amendment changing the land use designation from Industrial, Parke, and Mixed Residential to Mixed Residential and Parks; a rezoning of 122.4 Agricultural acres to a Single Family district; and m=mompmumm consisting of 225 lots located east of Dodd Road and south of Wescott Road in the east half of Section 24. City Planner Jim Sturm summarized the application, explained the problems with the previous proposal and the changes in the present proposal. He informed the Commission that the double fronted lot issue had been resolved. Wayne Tower (Pioneer Engineering) stated the developer had no problems with staff recommendations. Be reviewed the changes from the previous plat and distributed the site plan for the park. In reference to the old dump site, be informed the Commission that the dump would be removed if it were hazardous. Be further explained the \"-b Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES February 28, 1989 park site and reviewed the site plan as referenced in the staff report. He described the phases of the development. Chairman Pawlenty asked for the price ranges of the homes. The developer responded the price range would be between $93,000.00 and $100,000.00. Pawlenty reported that the area was designated D -II and that the developer was entitled to certain density. He stated the Commission could not force the developer to build more expensive homes. Stuart Strachaf, Stafford Place, informed the Commission that Frontier had not finished Stafford Place. He stated he felt there should be no further developments until Frontier's other obligations were fulfilled. He presented a petition to the Commission. Don Klein, Dodd Road, stated that the impending assessments would cause him to break up his property. He had concerns regarding the access and the size of the houses. Tony Thomas, 593 Prairie Circle West, presented a petition to the Commission (Exhibit A attached to the minutes). He read the petition proposals to the Commission. He had concerns regarding the types of homes. Warren Israelson, Country Hollow developer, was excited about the new lot layout and requested the developer discuss the home sizes. George Kohen, 597 Prairie Circle West, had concerns regarding the impact of single family demographics to the general area. He provided a copy of the Country Hollow Protective Covenants to the Commission. Beverly Davis, 440 Pennsylvania, stated she was a resident of Stafford Place and requested that Frontier finish their homes. Donald Forester, Stafford Place, asked if the City could stop the construction of the Frontier homes. He detailed the construction problems with his home and stated be was dissatisfied with Frontier. Leonard Parent, 4000 Dodd, had concerns regarding future development and informed the Commission that he owns the exception piece. City Planner Jim Sturm showed the location of the proposed access to the exception piece. Commissionmember Trygg requested that Frontier respond to the public's complaints. Paul Oakes responded that the major complaint was the sod. He informed the Commission that all sod would be installed in the tZ \ Page 6/EAGAN ADVIsORy PLANNING COMMISSION MINUTES February 28, 1989 spring. Member Graves questioned if the residents had been informed. Mr. Oakes stated no. The developer stated that Burnsville was totally sodded. Member Miller questioned if Stafford Place was an issue. The developer stated that the gas into the project was the developer's Problem. Chairman Pawlenty asked the developer to respond to Mr. Klein's concerns. Frontier stated it would work with Mr. Klein to solve the problem. Frontier further stated that United Mortgage was the developer, not Frontier. Ron Helmer (United Mortgage) informed the Commission that United Mortgage was the owner and developer. He stated he felt the plat was a good proposal and that other issues should not be mixed in with the plat proposal. Chairman Pawlenty asked if Blocks 7, 8 and 9 could be developed similar to Country Hollow. The developer responded that it was evaluating the lots. There was much discussion regarding the transitional buffer effect of Blocks 7, 8 and 9. Member Merkley asked Frontier if representatives would meet with the neighbors. The developer responded yes. Member Graves questioned if the City reviewed covenants. City Planner Jim Sturm responded not for single family. Member Voracek questioned the recourse the City would have for defective developments. Mr. Sturm stated that if there was a development agreement, the City may have a recourse. Member Voracek questioned that if the developer were to realign the cul-de-sac to the Klein property, whether Klein would allow the cul-de-sac to terminate on his property. There was further discussion regarding the Klein access. Member Markley complimented Tower on the new plan. Member Voracek questioned if there was anything in the conditions regarding the dump. Mr. Sturm stated that the matter would not proceed to the Council until the dump study report was completed ✓ and the issue was resolved. He further stated that the applicant had waived the time limitation. City Attorney Mike Dougherty Frontier complaints, the City was the developer was United Mortgage. stated that in regards to the dealing with separate entities as Member Voracek recommended to the builder that it be more responsive with the Stafford residents. There was much discussion regarding the builder construction problems. 3-:1 Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES February 28, 1989 Member Graves recommended that a meeting be scheduled, prior to the City Council meeting, with the Country Hollow residents and explained to them how Blocks 7, 8 and 9 would be tied into the Country Hollow Addition. Chairman Pawlenty stated it could be added as a condition. City Planner Jim Sturm recommended the addition of standard conditions F-1 and G-1 to the proposed conditions. Chairman Pawlenty summarized the builder problem options and recommended the addition of the condition that the developer inform the Council what transition method would be used on Blocks 7, 8 and 9. Voracek moved, Trygg seconded, the motion to close the public hearing and amend the Comprehensive Guide Plan changing the land use designation from Industrial, Parks, and Mixed Residential to Mixed Residential and Parke, as submitted by Frontier Companies, for Coventry Pass. All voted in favor. Voracek moved, Graves seconded, the motion to approve the rezoning of 122.4 Agricultural acres to a single family district, in regards to the Coventry Pass development. All voted in favor. Voracek moved, Merkley seconded, the motion to approve a preliminary plat consisting of 225 lots located east of Dodd Road and south of Wescott Road in the east one-half of Section 24, as submitted by Frontier Companies - Coventry Pass, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al. B1, B21 B3, 84, C1, C2, C3, C5, Dl, E1, F1, and G1. 2. The existing farmstead shall connect to City utilities. 3. If the farmstead is removed, the well and septic system shall be abandoned to WPC 40/City standards. 4. A variance shall be allowed for Street B in excess of 5001. 5. No direct driveway access onto Dodd Road shall be allowed. 6. 40' setbacks shall be allowed along Dodd Road. 7. The development is required to maintain a maximum depth of 8 feet of cover on the existing water main in the southwest corner of the development. S. The development is responsible for any damage which may occur to any existing City public utility line which results from the proposed site grading and development. Page 8/EAGAN ADVISORY PLANNING COMMISSION !MINUTES February 28, 1989 9. The development will be required to match the existing street grades provided in the adjoining Country Hollow development. 10. The development is required to adhere to the City's maximum 3:1 slope criteria. 11. The development is required to submit plans and specifications for the proposed retaining wall construction for staff review and approval. 12. The development is required to provide storm sewer to adequately accommodate the storm water runoff which currently is conveyed by the rural ditch section along Dodd Road. 13. The development will be required to provide emergency overland outlets from all low areas. 14. A storm sewer inlet is required between Lots 16 and 17 of Block 7 on Lantern Lane to collect the runoff water in the backyard swale. 15. A 50 foot half right-of-way is required for Dodd Road. 16. The development is required to limit post development phosphorus export levels to predevelopment levels. 17. The development is required to provide sanitary sewer, storm sewer, and water main stubs to all adjacent properties as determined by City staff. 18. The developer shall schedule a meeting with the Country Hollow residents, prior to City Council review, to discuss how Blocks 7, 8 and 9 will be tied into the Country Hollow Addition. 19. The development is required to complete the dump study report and resolve the issues, prior to City Council review. All voted in favor. CONDITIONAL USE PHRMIT/]3WANHl18/CLIFF LASH CHEM ADDITION Chairman Pawlenty opened the meeting in regard to the application for a conditional use permit to allow on -sale liquor, 3.2 beer and wine in a community shopping center district located on Lot 2, Block 1, Cliff Lake Centre Addition, at the northeast intersection of Cliff Lake Road and Cliff Road in the southwest corner of Section 29. City Planner Jim Sturm presented the application to the Commission. t2,4 Agenda Information Memo April 4, 1989 City Council Meeting I. Comprehensive Guide Plan Amendment, City of Ragan, and a Rezoning of Approximately 64 A-4 Multiple Acres Within the Lexington South Planned Development to IF (Public Facilities) District Located at the Southwest Corner of Diffley and Lexington Avenue --A public hearing was held by the Advisory Planning Commission meeting held on March 28, 1989 to consider a rezoning of 64 acres currently R-4 to public facility zoning to allow for construction of a City reservoir and future athletic field complex. The APC is recommending approval. For additional information on this item, refer to a report prepared by the Department of Community Development enclosed on pages 131 through . The APC minutes for this item are enclosed on page(s) 3 g The Parks and Recreation Department is beginning its analysis of the 64 acres as to location of certain parkland facilities. The preliminary parkland use plans will be drawn during the next several months and informational meetings scheduled for later in the fall with surrounding property owners. The reservoir site has been located which is on the north side of the property somewhat adjacent to Lexington Way and Diffley Road. The reservoir construction will begin in the next several weeks. Once plans have been reviewed by the Parks and Recreation Commission informational meetings with the neighbors, a final parkland use plan will be brought back to City Council late this fall and construction will begin in 1990/1991. ACTION TO RR CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and rezoning from R-4 multiple to public facility for 64 acres from land recently acquired from the Department of Housing and Urban Development, southwest of the Diffley Road and Lexington Avenue intersection. 3� - SQBJECT: _ aD!lP BIVE _ WIDE PLAN 74UMMNENT,_ OWING ]1PPLICA6Ts�=CItY flFKiiAH -LOCATION: _ 'QIP i 4 _B8CTI0N 26 i 'NE 1/4 SECTION 27 -EXISTING SORMs 2-4 (NOMPLE)� - -- =DATB OF PUBLIC --- DATE OF REPORT: sRCH.22,-1969 -- REPORTED EYs DEPARTum OF Cohn mrr DEVE60PMENT APPLICATION SUMMARYt The City of Eagan recently acquired from HUD approximately 64 R-4 (Multiple) stoned acres within the Lexington South Planned Development. At the March 7, _:1989 City Council meeting, staff was directed to take the necessary steps to rezone the property to a Public Facilities district to -allow a City reservoir and athletic field complex. Currently, this parcel consists primarily of open flat grassland and is generally well-suited for its proposed use. The site does fall rapidly along the west and southwestern property lines towards the Wilderness Park Addition and Caponi property. Adequate buffering between these two different adjacent land uses should be incorporated into the development plans. COMPREHENSIVE PLANS The subject site is designated as D -III (Mixed Residential, 6-12 units per acre) in the Comprehensive Land Use Guide Plan. Development of the site for park uses would therefore require a Comprehensive Plan amendment to change this land use designation to P (Parks). A P designation should be generally compatible with the adjacent LB (Limited Business), D -I (Single Family), D -III (Mixed Residential, 6-12 units per acre) and CPD (Commercial Planned Development) designations. I 136 GUN SO Page 16/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 and Gorman agreed. Member Graves stated he had no problem with a gas station at the proposed location. Joe Christensen informed the Commission there were no specific plans for the Duckwood overpass. Be stated there would be no problem with the traffic and felt a potentiality was being discussed. He stated it was a specific proposal for the situation as it exists. He remarked that the property to the south has commercial uses. Chairman Pawlenty polled the Commission in regards to the use. The developer requested a continuance to enable them to work with the staff. City Planner Jim Sturm stated the matter should be reviewed and the applications revised and the matter would be brought back before the Advisory Planning Commission as old business. Miller moved, Voracek seconded, the motion to close the public hearing and continue the matter regarding a Comprehensive Guide Plan amendment, a rezoning, a preliminary plat and a conditional use permit as requested by Phillips 66 Company for the Phillips 66 First Addition. All voted in favor. Member Voracek requested a review be conducted of the access. He also stated that staff should review the triangular parcel. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DBVHLOPMENT/RESERVOIR Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 64 multiple acres within the Lexington South Planned Development to Public Facilities district located at the southwest corner of Diffley Road and Lexington Avenue in the northwest quarter of Section 26 and the northeast quarter of Section 27. City Planner Jim Sturm introduced the matter to the Commission. Member Graves questioned how the farm properties would obtain access. City Attorney Mike Dougherty stated that the farm had an easement. Miller moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 64 R-4 (Multiple) acres within the Lexington South Planned Development to PF (Public Facilities) district located at the southwest corner of Diffley Road and Lexington Avenue in the northwest quarter of Section 26 and the northeast quarter of Section 27. All voted in favor. ;59 Agenda Information Memo April 4, 1989 City Council Meeting 'LAECt! Yom,' . 14 _lej J. Comprehensive Guide Pian Amendment, City of Eagan, and a Rezoning of Approzimately 7.4 R-3 Acres Within the Lszington South Planned Development to an R-1 District Located in the NE 1/4 of Section 96--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider the rezoning of 7.4 acres of R-3 zoning to R-1 that was recently acquired from HUD. The APC is recommending approval. For additional information on tY,is item, refer to the staff report, a copy is enclosed on pages l o through i{ - The APC minutes for this item are included on page(s). ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and a rezoning of 7.4 acres from R-3 to R-1 within the Lexington South Planned Development. V 41 ----- — -- - -- - - _ _ ----•- _-rte-- --- _. _ 11BJRCT: RBlftBIVE.WlDk--'#L 1H-- AMENDMENT, APPLICANTS CITr 0.F`EAGAB - _c LOCATION: 41Z if4 02CTION_26 BBCISTING SONINGs R--3 -(TON11HODBE)`-- s DATE OF PUBLIC HWWU=: IA1tCs'$8. 989 --- DATE OF REPORT: MARCS 2Z, 1989 REPORTED BYs DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION SUMMARYs The City of Eagan recently acquired from BUD approximately 7.4 R-3 (Townhouse) zoned acres within the Lexington South Planned Development. At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to rezone the property to an R-1 (Single Family) district. The site is relatively flat and wooded with some mature hardwood trees, as well as secondary deciduous growth. This area is well- suited for single family homes and the trees would provide a nice buffer to Diffley Road and the commercial property to the west. COMPREHENSIVE PLAN: The subject site is currently designated CPD (Commercial Planned Development) in the Comprehensive Land use Guide Plan. The proposed rezoning of this property to R-1 (Single Family) would require a Comprehensive Plan amendment to change the land use designation to D-1 (Single Family, 0-3 units per acre) for consistency between the Comprehensive Plan and zoning designations. A D -I designation would be generally compatible with the adjacent PF (Public Facility), D -II (Mixed Residential, 0-6 units per acre) and D -I -designations to the north, east and south. Adequate buffering between the CPD (Commercial Planned Development) designated parcels to the west would be necessary to assure appropriate transitions between these land uses. to riffs LL c Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF SAGAN/LSEIPGTOH SOUTH PLANNED DEVELOPMENT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LE%INGTON SOUTH PLANNED DZVELOPMENT/SOUTH HALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF EAGAN/LEBINGTON SOUTH PLANNED DEVELOPMENT/SOUTHNBST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. l 0. Agenda Information Memo April 4, 1989 City Council Meeting 8. Comprehensive guide Plan amendment, City of Eagan, and a Rezoning of Approzimately 10.9 R-2 Acres within the Lezington south Planned Development to an R-1 District Located Along the North Side of wilderness Run Road and East of walnut Hill Park --The APC held a public hearing at their last meeting of March 28, 1989 to consider a comprehensive guide plan amendment and rezoning of 10.9 acres within the Lexington South Planned Development to an R-1 district which was recently acquired from HUD by the City. The APC is recommending approval. Enclosed on pages through _Z1 is a copy of the staff report. The APC minutes for this item are included on page(s) (!t ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and a rezoning of 10.9 acres located adjacent to Walnut Hill Park and Wilderness Run Road. --SUBJECTS -iMSOfi--- `APPLICANT s - MATION: _ 9-OXCTIOH EXISTING SONINGs '.R-2 4DUPZiZX)- .,;A . -.. - —= DATE OF PUBLIC BEARING e r---- DATE OF REPORTs MARCH 22, 1989 - REPORTED BYs DEPARTMENT OF COKNUNITY DEVELOPMENT . - APPLICATION SU►9MARYs At the March 7, 1989 City Council meeting, -staff was directed to take the necessary steps -to allow the --sale of 10.9 R-2 (Duplex) acres as an R-1 district, thus requiring zoning to a Single Family district. ==This -site is situated between portions of Walnut Hill Park on the north side of Wilderness Run Road. Upon more detailed review,a Comprehensive Guide Plan amendment is not necessary. This site is heavily -wooded and falls rapidly from the hill to the north and Wilderness Run Road to a ravine between the two. Any, residential development on this site would need to be very sensitively done to retain the existing character. COMPREHENSIVE PLAN: The subject site is currently designated D -I (Single Family, 0-3 units per acre) in the Comprehensive Land Use Guide Plan. The proposed rezoning of this property to R-1 (Single Family) is consistent with this designation; therefore a Comprehensive Plan amendment is unnecessary.. 144 If 4 BE i 1 1 S&& yy HIL�!; i kv I 6 =1 E �� _ u nmin LI �y �Ir• "� Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF SAGAB/LSZIBGTON SOUTH PLANNED DEVELOPMENT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LESINGTON SOUTH PLANNED DEVELOPMENT/SOUTH RALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF RAGAN/LBZINGTON SOUTH PLANNED DEVELOPMENT/SOUTHWEST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. Agenda Information Memo April 4, 1989 City Council Meeting CITY OF EAGAN L. Comprehensive Guide Plan Amendment, City of Eagan, and a Rezoning of Approximately 1.5 Multiple Acres within the Lexington South Planned Development to LB (Limited Business) Located North of Diffley Road and west of Lexington Avenue --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a request by the City to rezone 1.5 acres R-4 to LB (Limited Business) of property that is no longer required as a reservoir site given the recent acquisition of the HUD parcel. This property is located adjacent to the Soderholm parcel that is proposed as a LB development. The APC is recommending approval. For additional information on this item, refe to the staff report, a copy is enclosed on pages tM through M. The APC minutes for this item are included on pages) C7 —Is-/ . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the comprehensive guide plan and rezoning of 1.5 acres of R-4 to LB which will allow the City to declare the property surplus and sell to the adjacent property owner at a fair market value. 147 - _ - -SUBJECT: COIWRMMXVE --QUIDS --PLAN-AMENMENT, APPLIC1NTZ -CITr-F - LOCATIONS .B 1/4 SECTIM '23 - - = m[ISTING SONINGs= alt-4-(IKWIPLE)MT ?'r _- _: iATB OF PUBLIC HEJIRISGt_7AhRCwSg� DATE OF REPORTs -MARCH 22, 1989 -` - REPORTED Era -DEPARTS OF COMMUNITr-DEVELOPMENT APPLICATION SUNMARYs At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps -to -allow --the potential sale of approximately 1.5 R-4 (Multiple) zoned acres to a LB (Limited Business) district, thus requiring a Rezoning. This site currently holds a City well facility, however, that uses only needs a small portion of this site. This site is located along Lexington Avenue, just north of Diffley Road. There is no vegetation of significance on this flat site. COMPREHENSIVE PLAN: The subject site is designated D -I (Single Family, 0-3 units per acre) in the Comprehensive Land Use Guide Plan. Development of the site with Limited Business uses would therefore require a Comprehensive Plan amendment. This LB designation would be generally compatible with the adjacent D -III (Mixed Residential, 6-12 units per acre) and PF (Public Facility) uses on the east and south. However, adequate buffering of this site from the adjacent D -I uses to the north and west. 1a needed to provide appropriate transitions between these land uses. 4 - 1.Z1 11 .B.. I: .6. ti - 1) 042,011MR1 44 TPA 1r Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 CITY OF SAGWLE%IMGTOM SOUTH PLANNED DSVELOFMSMT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LEBINGTON SOUTH PLANNED DEVELOPMENT/SOUTH HALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves 6econded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF EAGAM/LESINGTON SOUTH PLANNED DEVELOPMENT/SOUTMIRST QUARTER OF SECTION 23 Chairman Pawlenty opened the last public hearing for the evening regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. Page 18/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 City Planner Jim Sturm summarized the application for the Commission. City Attorney Mike Dougherty informed the Commission that Members Voracek and Trygg should amend their motion in regard to the Soderholm Addition and add a condition number 15 stating that the City properties must be purchased. Voracek moved, Trygg seconded, the motion to add condition 15 to the Soderholm Addition conditions for the preliminary plat stating that the Soderholm Addition must purchase the City of Eagan property. All voted in favor. Trygg moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 R-4 (Multiple) acres within the Lexington South Planned Development to LB (Limited Business) located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. All voted in favor. ADJOURNMENT Miller moved, Voracek seconded, the motion to adjourn the meeting of the March 28, 1989, Advisory Planning Commission at 11:45 p.m. All voted in favor. --------------------------------- Secretary - Eagan Advisory Planning Commission `E 1 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 31, 1989 SUBJECT: OPTING OUT OF THE MTC SERVI The consultants, Strgar, Roscoe, Fausch, Inc., hired by the six (6) Cities to conduct a needs assessment transit study for the purpose of determining whether any or all Cities should opt out of the MTC service area has now been completed. Kristi Marnin, Planner I in Community Development, has represented the City at various meetings with the consultants as the needs assessment study was performed. On Tuesday, March 28, a meeting of the City Managers/City Administrators was held at the Rosemount City Hall to meet with the study group and consultants and receive a draft executive summary of the transit study as prepared by the consultants. The six (6) Cities agreed that the consultants should appear before each of the City Councils in a work session during the month of April and present further comments regarding the study. Since the final draft of the report will not be available until approximately April 15, it seemed appropriate to consider a work session for the month of April on the fourth Tuesday, April 25. An administrative glimpse of the report would tell that of the various options it appears the option to replace the existing radio route structure with exactly the same service by maintaining the same route structure, number of trips and frequency of service is recommended. In other words, the six (6) Cities would exercise their right to opt out and bid on a contractual basis the service by selecting an operator. The excess property tax contribution that would be realized for each of the communities would not be returned in the form of a tax credit, but would be available for expanded service, an issue that is further reviewed in the report and will be presented by the consultants. PARKS PROJECT/1989 The Director of Parks and Recreation Vraa and the City Administrator recently discussed park projects planned for 1989. Given the list of projects for this year, I thought it might be of interest to the City Council, as you drive the community or receive calls from constituents b aware of the va ious park improvements. Enclosed on pages ISL through /5 is a memo prepared by Ken that lists the various projects by park land. If any member of the Council has a question, feel free to contact this office or Ken directly. 154;1. Assistant to the Administrator Hohenstein has been monitoring proposed legislation that would replace House File 601 that defines hauling routes as property the loss of which would be defined as the taking by a public agency. A number of concerns have been expressed by municipalities regarding this proposed legislation, and the League of Minnesota Cities wi 1 be opposing th proposed legislation. Please refer to pages S through for additional information on the item. Enclosed are Newsletters from Springsted and Ehlers and Associates without page number. MASAC INFORMATION Each month the City receives a MASAC packet, which contains information for the upcoming agenda, minutes and a comparison of daily operations, as well a noise complaints. Enclosed on pages I (ZLL through I (O % is a copy of those pages of the MASAC packet that would be of information to the City Council. As Jon states in his memo, this office will attempt to make the information available as a part of the informative packet on a regular basis. /S/ Thomas L. Hedges City Administrator MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MARCH 28, 1989 RE: PARKS PROJECTS - 1989 You had asked that I provide you with a memo briefly outlining the 1989 parks development, improvement and maintenance objectives to be forwarded to the Council. This memo is not all inclusive, but covers the more significant tasks and projects planned for 1989. THOMAS LAKE: 1. Complete 88-18 Thomas Lake Park Building construction. 2. Landscaping (Design and implementation) 3. Parking lot lighting 4. Trail construction to Thomas Lake Road 5. Fishing pier NORTHVIEW ATHLETIC FIELD: 1. Tennis court contract (design - bid) with storm sewer 2. Irrigation of soccer fields and 3 softball fields 3. Install fences/backstops for 3 softball fields (contract) 4. Parking lot and roadway design 5. Trail design OHMANN PARK: 1. Complete 88- . Park construction contract 2. Complete horseshoe court area 3. Parking 10t lights 4. Landscaping 5. Complete irrigation. WELL SITE: 1. Revise plans for parking lot - design/layout and roadway WOODLANDS SCHOOL/MUELLER FARM PARK: 1. Landscaping k NESTCOTT STATION PARK: 1. Neighborhood meeting 2. Do park plan; anticipate 1990 construction contract BRIDLE RIDGE PARK: 1. Construct two hockey rinks - install lights 2. Install play equipment (design) 3. Landscaping (design) BUR OAKS - SOUTH: 1. Tennis court construction 2. Backstop installation 3. Parking lot construction (design) 4. Trail construction (design) TRAPP FARM PARK: 1. Trail construction to Dodd Road (design) 2. Play equipment installation (design) HEINE POND: 1. Construction completion - contractor DESIGN/INSTALL PLAY EQUIPMENT: 1. O'Leary '89 Priority 2. Kettle '89 Priority 3. Cedar Pond '89 Priority 4. Slaters Acres REPLACE/REBUILD HOCKEY RINKS: 1. Rahn Park RESURFACE TENNIS COURTS: 1. Highview ' 2. Country Home 3. Lexington SECURITY LIGHTS: 1. Country Home 2. Highview 3. Lexington 4. Slaters Acres 15.5 LANDSCAPING AS MENTIONED - PLUS: 1. Kettle 2. Maintenance Garage 3. O'Leary 4. Pilot Knob 5. Lakeside 6. Slaters Acres Probable 1990 7. Well Site Probable 1990 8. Northview Probable 1990 CARLSON LAKE PARK: 1. Neighborhood Meeting - Design Program BLACKHANK PARK: 1. Park planning meeting 2. Park final design 3. 1990 construction contract Tom, this is a representative list of the work before us. Obviously, it's not inclusive of all the work but should give you and the Council a good idea of this year's program. KV: cm lSlL MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO TH8 DATE: MARCH 29j 1989 SUBJECT: CURRENT LEGISLATION (H601A-25) R8: COMPENSATION AND TAKING IH THE MATTER OF REFUSE HAULING ROUTES Attached you will find a copy of a memorandum from the League of Minnesota Cities and proposed legislation which replaces house file 601 with a strike everything amendment referenced as H601A-25. In summary, the thrust of the legislation is to define hauling routes as property, the loss of which would be defined as a taking by a public agency. This would apply, if, for example, the City were to decide at some future date to organize garbage collection, particularly if organization were to take form of a smaller compartment of haulers. It would entitle those haulers who lose routes to a level of financial compensation for them. To date, City staff has opposed such legislation because it extends a City liability to an intangible type of property for which we are not currently responsible. There is little question that the State will expand its solid waste mandates to increase the amount of material being abated from landfills. If this occurs, it may take the form of direct or indirect mandates to cities to organize collection or may create demands for service levels which would be cost prohibitive without organization. While staff is not without sympathy for the hauling community, it does not appear appropriate to support out -of -hand a legislative initiative which would create substantial liabilities for cities and their residents which would prohibit the pursuit of recycling goals and other social purposes. If you have any questions in this regard, please let me know. I would also appreciate your sharing this memorandum in an informative manner with the City Council. The League of Minnesota Cities has taken a position opposing this legislation, and I would not anticipate that position to change. JH/vmd s? + WHAT STATES ARE DOING REGARDING THE NTARING AWAY" OF GARBAGE HAULERS' ROUTES: For the first time a court has ordered a city to compensate a hauling company for taking its routes when the city extended municipal collection to an area annexed by the city where the company had previously provided service. The Idaho Supreme Court upheld a trial court's decision in favor of the hauler, based on a finding that an award of damages for lost routes was consistent with the just compensation clause of the state constitution. The facts of the case: For several years prior to annexation, the garbage hauler (Collector) provided collection service to residential and commercial accounts in areas outside the corporate limits of the city. Although the Collector did not operate under a franchise or contract with the county, the company had obtained written contracts with its customers before the annexation was complete. These contracts were for a period of three months, with automatic renewals for additional periods of three months subject to notice of a cancellation provision. As part of the annexation, the city passed an ordinance making it a crime for any other entity to attempt to collect garbage other than Lake City Disposal. The Collector filed suit for injunctions against the city, seeking just compensation for the taking of property and for damages for interference with it signed contracts. Following trial, the court awarded the Collector $262,574 as just compensation, together with interest from the date that the Collector was prevented from servicing its accounts. The city appealed the lower court's decision. The Idaho Supreme Court held that the city's displacement of the Collector clearly amounted to a taking of property subject to the payment of just compensation, citing that the right to conduct a business is property. The court recognized that there are competing interests at stake. The city has an interest in ensuring that waste collection service it provides is uniform and accomplishes the purpose of maintaining the health of those who live in the city. The basic police power of the city to accomplish these objectives is broad but not unlimited. When the exercise of this police power by the city conflicts with the interest of an owner in preserving a property interest, there must be a balancing of these interest. The court said that there was no showing that the actions of the city in excluding the Collector from the annexed areas furthered the preservation of Health in theme areas. In the absence of such a showing, the "a aance tips in favor of the protection of the Collector's property interests. Thus the court held that the city's deprivation of the Collector's ability to service accounts amounted to an inverse condemnation (interference with the use of property), which is subject to monetary damages. This decision is a landmark. It represents the first time that a court has upheld the claims of a hauler for money damages resulting from lost routes due to municipal annexation. The Idaho decision runs contrary to decisions from other states including North Carolina, Colorado, Arizona, and Washington. Generally, these states have distinguished real property and intangible property and have held that no unconstitutional taking occurred. The courts often follow the reasoning that a municipality is authorized within the limits of its police power to regulate or prohibit certain activities when such (✓9 exercise of authority bears a reasonable relationship to the public health, safety, morals or general welfare of its citizens. In some instances, while the exercise of that authority may have harmful effects on some of its citizens, if the exercise of that authority is reasonable and not arbitrary, any injury occasioned thereby must be considered a servitude inherent under our system of government, and damages from such injury must be considered noncompensable. Although other courts are not bound by the Idaho decision, its underlying soundness and equity considerations will provide judges in other states with a precedent. In this regard, Minnesota has a 'just compensation" clause in its state constitution that is very similar to the one found in Idaho's state constitution on which the court based its decision. On the other hand, the Minnesota Court of Appeals, in Hay v. Andover, recently ruled that a special use permit (intangible property) is not private property subject to a taking claim. Several states have enacted statutes that address the problem of lost routes due to annexation. The statutes generally allow the hauler to continue servicing their customers for several years prior to being displaced or negotiate with the city some type of compensation. North Carolina, on the other hand, has statutory formula of compensation equal to one year's revenue for the lost business, with the opportunity to negotiate with the city a mutually acceptable agreement. SHOULD MINNESOTA ADOPT SUCH A STATUTE? The first consideration is whether the Minnesota courts will adopt the Idaho view. This may be dependent upon the final outcome of the Hay v. Andover case. In that case the Minnesota Court of Appeals makes a distinction between real and intangible property, and states that 'the special use permit given by the city of Andover is not private property and therefore not subject to a taking claim." However, that decision may well be modified or reversed on appeal by the Minnesota Supreme court. There is a possibility that the Supreme Court will adopt the view that intangible property is subject to the same protection as private property in the event of a taking or substantial interference. Also, the court may treat the loss of a garbage collection route differently than the loss of a special use permit or other intangible property. Considering the fact that other states have specialized legislation to protect haulers in the event of lost routes due to annexation, it is likely the Minnesota courts will treat the 'taking" of garbage collection routes differently. Although adoption of a statute would limit some of the power of a municipality to chose which garbage hauler to contract with, it could provide some protection. In the Idaho case, the garbage collector had a three month renewable contract, but was awarded compensation equivalent to ten years of revenue. A statute could: (1) limit the amount of years an existing hauler would be allowed to continue to collect garbage; (2) prohibit the expansion of the hauler's operation; (3) create criteria that must be met for a hauler to be protected by the statute (i.e. length of service in the area or size of operation); (4) allow the hauler and city to negotiate for mutually acceptable compensation in lieu of continuation rights; and (5) allow the citizens to decide, by referendum, which hauler would be granted the collection contract (in newly annexed areas). 03/07/89 16s20 [RRSDEPT ) LT 8601A-25 1 eaves to amend R.F. 601, the delete everything 2 amendment 9603A-14, as follows: 3 Page 10, after line 29, inserts 6 •Ste. 13. (115A.961] [COMPENSATION REQUIRED FOR 5 TERMINATION OF CERTAIN WASTE COLLECTION CONTRACTS.) 6 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 7 subdivision apply to this section. 8 (b) 'Organised collection• has the meaning riven to it in 9 section 115A.96, subdivision 1. 10 (c) 'Collector' means an individual, firm, Partnership or 11 corporation that, for hire, provides collection of mixed 12 municipal solid waste. 13 Subd. 2. [COMPENSATIONS MM REQUIRED.] A city, town or 14 county that decides to organise solid waste collection by using 15 16 17 a result of the decision to organise collection. 18 Bubd. 3. [COLLECTOR ELIGIBLE FOR COMPENSATION.) Collectors 19 are eligible for compensation under subdivision 2 if thev 20 provided collection services in the city, town or county that 21 organises collection prior to the decision to organise 22 collection and, as a result of the change in collection method, 23 are precluded from continuing to provide collection services. A 24 collector is not eligible for compensation under this section if 1 L 0 03/07/69 16:20 (REEDEPT 1 LT 8.601A-25 1 the collector: 2 (1) holds a previously bid contract for collection of the 3 waste with the local governmental unit on the effective date of 4 this sections 5 (2) was not a collector or successor to a collector 6 operating within the local governmental unit for at least three 7 months before the date of change of methods or. 6 (3) voluntarily chooses not to become a member of an 9 organization of service providers providing collection through a 10 negotiated contract under section 11SA.94, subd. 3(a), itu8 bd. 6. (AMOUNT Or COIQ'ZNSATION.) Compensation required 12 by this section must agual 16 times the eliaible collector's 13 averaos arose monthly income during the three-month period 14 immediately prior to commencement of the now collection system. 15 A collector entitled to compensation under this section shall 16 provide proof of cross income in a manner reasonably rewired by 17 the city, town or county not later than 60 days prior to the is date of change of method. Compensation required under this 19 section must be made in equal monthly installments over the term 20 of the now collection contract but, in no event, over more than 21 five years from the day of the chance in collection method. 22 Payment may be made from revenues derived from the surcharge 23 authorized in subdivision S or from other general revenues of 24 the local government unit. 25 Rubd. S. (SmtcsARGE.I A city, town or county may impose a 26 surcharge on solid waste collection in the area affected by 27 organized collection in an amount necessary to nay the 26 compensation rewired by this section. Money collected from the 29 surcharge under this subdivision must be deposited in a separate 30 account to be used only for compensation rewired under this 31 section and must be paid to eliaible collectors as required 32 under subdivision 4.- 33 Renumber the remaining sections 34 Page 14, line 20, delete 0160 and insert 0170 35 Page 16, line 26, delete 0330 and insert 0340 36 Page 20, line 7, delete 026' and insert 027" and delete "33• 2 , 03/07/B9216o20 (AESDEPT j'LT 8601A-25 1' and insert 0341' 2 Page 31, ,line 8, delete ?14' and insert 015" 3 Page 310 line 11, delete •15 and 35' and insert "16 and 36' 4' Pagetr31,,`line 14, delete "IS and 17' and, insert 017 and.18" 5 Page 311 line 15, delete '17" and insert 018" 3 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR DATE: MARCH 23p 1989 SUBJECT: MASAC INFORMATION Attached for Council information are some items forwarded to us in the most recent MASAC packet. The first is comparison of daily operations for the past three years. You will note that while air carrier operations have been reduced in the aftermath of the Northwest/Republic merger, it has been partially offset by increases in commuter and general aviation operations such that the average is still over 1,000 operations per day. Operations consist of both landings and departures and can be divided almost equally between the two for obvious reasons. In addition, I have attached the most recent complaint summary for February. I will attempt to make this available to the Council on a regular basis much as we do with the inspection summaries so that they may stay in step with traffic concentrations and the number of complaints from various communities. You will note that in February, Eagan was the second highest complaining community behind the city of Minneapolis. Ato the City Adm nistrator Attachments JDH/jeh 1986 1987 1988 Air Carrier 705 610 606 Caimuter 149 164 172' Air Freight 151 59 56 General Aviation 159 176 173 Military 18 15 14 Wym 1082 1024 1021 NOISE COMPLAINT SUMMARY 1988 Nold-Chad:erlain 899 Runtimes 2 Miscellaneous 46 SAL, 947 1989 Ibld-Qvsdxrlain 728 Run -we ' Secondaries: Cmmrter ( 3rd Airlake 6 Anoka 3 Crystal 0 Plying Cloud 2 Lake Elmo 0 St. Paul 29 773 OPERATIONS SUMMARY 1988 / 1989 Air carrier 588 614 Cmmrter ( 3rd 170 160 level) General Aviation 178 132 Military 13 13 Air Freight 56 60 70L 1005 979 (Average Daily Operations) 55.7 ti 4V crossto-� 494 MSP RIMNAY USAGE FEBRUARY 1989 IIi nnaaota Birar KEY t - Appmx. t of SclAeduled Operations(Carriers and Commuters) FEB[BZ W 1989 0 City (Lang and Takeoff) and Time of Day City TaawB Takeoff -- Apple Valley 2 343 Bloomington 3 26 Burnsville 0 8 Cottage Grove 1 0 Eagan 59 65 Eden Prairie 0 0 Edina 0 6 Inver Grove Heights 0 12 Maple Grove 0 1 Maplewood 0 1 Mendota Heights 15 49 Minneapolis 100 275 Montgomery 1 4 Plymouth 0 0 Richfield 2 38 Roseville 0 1 Rosemount 0 1 St. Louis Park 1 4 St. Paul 7 34 South St. Paul 1 1 Sun Fish Lake 0 0 Vadnais Heights 0 1 West St. Paul 0 3 Woodbury 0 1 70M 192 536 Time of Day Time Number 2400 - 0559 34 0600 - 1159 343 1200 - 1559 88 1600 - 1959 172 2000 - 2359 136 TOML 773 �, � own mww� - '�°--- - 1 a '�- --w�-- --- — - MINUTES OF REGULA#: NEETIMG OF::'TAE EAGAN CITY COUNCIL .:iLAGAN, MIN14$6OTA ]tP 2Y ..4 ::-:1989 A regular meeting of the Eagan City April 4, 1989, at 6:30 p.m. at the Eagan were Mayor Ellison and Couc3liieinbXs;:;l:a Councilmember McCrea was abls kkf :.fai t'::i4o City Administrator Tom Hedges, Public Pili Community Development Director A.ale Runk Sheldon. Council was held on Tuesday, Municipal Center. Present hter, Egan, and Gustafson. meeting. Also present were ks Director Tom Colbert, e, and City Attorney James Wachter moved, Gustafson seconded, the motion to approve the agenda as presented. All members present voted in favor. MINUTES March 21, 1989. Mayor Eilsikt::::ie.:. uested an addition to page 3, paragraph 2, the first sentence a odl:d read: "Councilmember Egan asked when the eight year =: perig9..: *.,9an. " Councilmember Gustaf s.pnf:: ;ekja6tted the deletion of condition number 2 for the Cliff Rifte'. ddition on page 14. Gustafson moved, Wachter seconded, the motion to approve the minutes for the March 21, 1989, regular Council meeting as amended. All members present voted in favor. 'CASH P�}:'FRiSS!`; &SGgCLIMG WINNER City Administrator Tom Hedge infd,•ik*ed the Council that the first winners of the Cash for TrA. h award was given to the Kenneth Iverson family. Jon Hohenstein ptEsentE6(::the prize to the Kenneth Iverson family. Mayor Ellison requested an explanation of the process in selecting the winners. Mr. Hohenstein explained the random selection. The Mayor and the Council members:psed for a picture with the Iverson family and the Mayor presented.the $300.00 check to the Iversons. Mayor Ellison stated job on the project. V\ that Jon Hoh.Qnstein had done an excellent Page 2/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 SENECA WASTE WA'&K''fiit'jgKtkkNT::0IMT/GRADING PERMIT City Administrator T= -.Hedges informed the Council the contractor was requesting €:fat the h4ki of operation allowed by the ordinance be extended to ali:6.4.::th;e::::r�4rk to be performed between 6:00 a.m, and 10:00 p.m. A represent8;k:ive'f rom Enebak Construction Company was present at the meeting. Councilmember Wachter requested that the contractor refrain from going through the residential. -areas aft.Qr hours. Councilmember Egan questioned if the staff regssest aid?: £i:rther conditions. Public Works Director Tom Colbert reepQe3 tl?gt no further conditions were requested with this application;`:but that the matter could be evaluated if there were a problem:. Egan moved, Gustafson:::$eiitcied:t}ie motion to approve a variance to the hours of operations for exc3vaf'ion/grading permit number 18-189 (Seneca WWTP) to allow the work to be performed between 6:00 a.m. and 10:00 p.m., subject to the condition that the contractor refrain from going through the residential areas after hours. All members present voted in favor. POLICE City Administrator Tom Bedges automobile confiscation by thi.:Pol automobile and using the money::fQ:C TONOBILE CONFISCATION ibuted a memo regarding the s suggested selling the enforcement. Councilmember Wachter::::stggested the City take possession and perhaps the confiscated vehicle could be used to replace the City's older automobile. Councilmember Egan questioned if the secured party would forfeit its rights. The matter will be investigated. Wachter moved, Egan se ca adea:►:::::t:he:;;motion to authorize the purchase of a 1989 Ford Brvii:fiq:::: Object to forfeiture under M.S.S. regarding the sale of narcgtics..;;All members present voted in favor. NTC City Administrator Tom Hedges reported to the Council the necessity to schedule a work session for April 17, 19891 at 7:00 p.m. to discuss the MTC service area. Egan moved, Wachter seconded, the .kdtion to approve the scheduling of a work session for April -17', 1989, at 7:00 p.m. to discuss the MTC service area;:::;A' :i".::z,n*0, E+t: present voted in favor. Page 3/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 :.CONSENT AGENDA Councilmember Egan infe:z.0d;::tb;E::6iiuncil that he had initially voted against Item R. (Final' FZ... im:061axie Cliff Plaza) and that he would again vote against the matter. Councilmember Wachter also stated he would vote negatively in regards to the Galaxie Cliff Plaza matter. Mayor Ellison requested that Item K. (Final Plat, Galaxie Cliff Plaza) be pulled from..the consent agenda to allow the matter to be discussed later in the A. Personnel items. 1. Park Maintenance Worker ;fit w4a recommended to approve the hiring of Paul Graham as iC miitaance worker, subject to successful completion of Bili' CityI.S.1 isical examination requirement. 2. Seasonal Park Maintenance Workers. It was recommended to approve the hiring of the eleven named persons as presented as seasonal workers for the Park and Recreation Department. 3. Zoning Administrat4rV:Fi:anner. It was recommended to approve the hiring of Mike Ridley as'•a:::xog ti:n.:administrator/planner, subject to successful completion of the City;!-s`physical examination requirements. B. City Administrator Tom Hedges read a letter received from the Knights of Columbus requesting a 60 -day waiver. He stated that the City Clerk did not have a problem with the request. It was recommended td application for Knights of Richards Food and Liquor. ;rricrac • 11 T - 1 1 - M It- • • - • - bling license renewal 04 Eagan, for pull tabs at It was recommended to approve a service station permit and a cigarette license permit for Yokum Oil Company, Inc., for the Texaco Super Store. It was recommended to approve the..,$lans for Contract 89-06 (Cliff Road Booster Pump) and authorize:ihe advertisement for a bid opening to be held at 10:30 a.m., Wednesiday, April 12, 1989. Page 4/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 E. It was recommended to Drive - Streets and Utilit. bid opening to be held at: ve;;gl:?►s for Contract 88-26 (Daniel ii. :'4-uthorize the advertisement for a a.m., Friday, April 28, 1989. 3.4.1 F. Contract 8'9-07, Approve Plans/Authorize Ad for aide (well NO It was recommended to approv'the �klans for Contract 89`-07 (Well No. 14i�sn• ;) and authorize the advertemei.or a bid opening to be held at 10:30 a.m., Wednesday, April:.gfi, 19:89:. G. Lu— It was recommended to approve the plans for Contract 89-10 (Well No. 15) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Thursday, April 27, 1989. It was recommended to reCeive..:the petition to vacate the drainage and utility and 5, Block 1, Berry Ridge Addition) and schedule a ring to be held on May 2, 1989. I. It was recommended to receive the final assessment roll for Project 544 (Drake Drive and1a11a>} dark 3rd Addition - Street Lights) and schedule apubiifi #t4arzrtg tfl: be held on May 16, 1989. J. .Final Plat Agnrova7 / .eTt l st>.Additi on, It was recommended to approve the f. -final plat for 'Laurent 1st Addition and authoriz'e the Mayor and City Clerk to execute all related documents. R. Final plat- ARRroval/aiLlaxie rniff pia&A. This matter was pulled from the consent agenda to be discussed later in the meeting. L. It was recommended to approve the resolution authorizing the sale in regard to the Borchert Ingersoll:property and ,payment in full of industrial development revenue bonds at the time of closing Page 5/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 subject to the City Attor:iey *and Director of Finance/City Clerk reviewing all the documents and concur'r'ing that they are in order for execution. M. Contract 89-12. Lnri:iii:iYf?tk]auri�e:9a It was recommended to approve the final plans for Contract 89-12, Tennis Court Construction, Resurfacing and Fencing, and authorize an advertisement.:.Eor.:;.bids..to.....be opened on April 27, 1989. N. Contract 89-09 Approye:77U- a s/4Uhorimp Ad for aia (Johnny Cake RidaP Rnan — n..a mwa �.., ... .... City Administrator Tom;;Hed'944 correction in the packet tG::I?a...ragi stated the reduction to the trail in the existing residential areas. It was recommended to approve the 89-09, Johnny Cake Ridge Road - Street authorize an advertisement:::::o:r.....bids to 11, 1989. Gustafson moved, Egan foregoing consent agenda it Cliff Plaza, and authorize voted in favor. tmed the Council of a 'regarding this matter. He d be to a minimum of 12 feet final plans for Contract and Trailway Improvements, and be opened at 10:30 a.m. on May motion to approve the em K. - Final Plat/Galaxie tation. All members present PARKVIEW REMODELING REQUEST City Administrator Tom Hedges informed the Council that the City did not have an ordinance that required Parkview to meet the present standards. He asked for di:ecso:ii; €:[Oht::::he Council and stated perhaps there was a need for an or&h'A4�iC :>�g'iifeii.:.: int. Councilmember Wachter commertied thdt safety and handicapped requirements should be adhered tci::by Pa"Kview. Doug Reid explained the nature of the improvements. Mr: Wacb.tt-r stated there should be sewer and water hookup. Mayor Ellison remarked that if major improvements were necessary, the improvements should meet Code. Public Works Director Tom Colbert stated the upgrading was necessary but questioned the leverage available to the City by issuing a building permit. VACATE PUBLIC,, 4t.;CrHT-.QF-VAY/BGAN AVENUE The matter was introducea''to''ttle 'tCtincil. The applicant was present at the meeting. Page 6/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 John Ehblad, 2860 Pi-14t'''Khob, reg0 steel the installation of a lot marker. Be further stated he did ftat want the installation of a road closed sign. Public Works Di rectorstated there was a need for a temporary barricade. Be felt"t#�t:>aRst'ter could be worked out with the residents. He further stated that lot markers would be installed. Councilmember Egan requested the verification of the legal descriptions. ........ Wachter moved, Egan secoiidQ '�...fhe:�:iRotion to close the public hearing and approve the vacatiori'`'Of pu6iic right-of-way for Egan Avenue (north of Vilas Lane to Klot Knob Road) and authorize the Mayor and City Clerk to executQ:kZ r. aced documents. All members present voted in favor. FINAL ASSESSMENT BEARING/BRAUN COURT City Administrator Tom Hedges updated the Council on the background of the matter. Public Works Director:':9 project. He stated the cost estimation of costs. He expl and stated he had met with t objections from all property rt introduced and outlined the ::t#te feasibility report e reasons for the cost overrun 0 -y. -.,:::owners and received written Henry Braun, 1380 Brauri.Court, asked where the overruns came from. He felt the cost should not be shifted to the property owners and stated he felt the job was not done correctly. He requested an accounting of the costs and referenced his objection letter. Leonard Walz informed:.:tiaeCpt#1road was not completed and stated it was heaving and f=aClt%nij,:::::e::€elt the engineers did not follow the blueprint and charged :f:raud.;;9e felt the yardage was overstated for the concrete used.:.:.:.': - Public Works Director Tom Colbert skated that the 49 yards referred to were square yards and not cufiic yards. Wayne Cordes, 3730 Pilot Knob, remarked that the property owners had told the City previously that the project was cost sensitive. He stated the overrun was not in the agreezpe-ht and that his assessment was 458 higher than he had anticipated.::-':"' Mary Braun objected Mayor Ellison asked if the work had::been done in a professional workmanlike manner. Mr. Colbert respond�;O:;that he was unaware of any Page 7/EAGAN CITY COUNCIL MEETING MINUTES April 9, 1989 problems and commented th:ilk"' there was :ii::'two-year warranty. He further stated that staff would reinspect the...=.oiect. Harold Braun stated be�ililtth#:&sts were too high for the material used. Mr. Colbert S'Eld,40would check into the matter. .... � Leonard Walz informed the Council that the road had sunk by the sewer. Councilmember Egan ex-.1-"""" ,p ,.�:�%Aragraph 7 of the Agreement .. ....... . between the City and the 307 iSeY .% covered the cost overruns. He felt the project was too smal.;I.':'and ih'-at it should not have been separated from another project.. -Mg. Col-)bert stated that paragraph 7 referred to "solicited bids" an4i:iihot &:t overruns. He stated that the rebidding of the proje!'Pt :', : . """"'' overhead. added to the increased Councilmember Egan questioned if the City could support the 108 requirement. Mr. Colbert stated yes and that the estimated costs were accurate. He stated the Council would not have approved the project if they knew the City might -;,,have to pay. Councilmember Egan felt the contract was open to interpretation. Mayor Ellison 6t&t*d that the real question was whether or not there was benefit to ... .... homeowners. CouncilmemberWachter:.. sorted w when the last inspection was conducted. Mark Hanson repl-166':Ihe last inspection was held last fall. Mr. Wachter requested . the project be reinspected. Mr. Egan agreed to the reinspection. He commented be did not feel comfortable voting on the matter at the present time. Wachter moved Egan s,e.c.on.(5edy.....the....motion to close the public bearing and continue to 9 City Council meeting the final assessment roll for '.('Araun court - Streets and Utilities). All members present V','Oked iii:1 avor. FINAL ASSESSMENT HIMING/i-MAN HIGH SCHOOL City Administrator Tom Hedges introduced the matter. Public Works Director Tom Colbert informed the Council he had met with school representatives and they had no objections. Gustafson moved, Egan seconded, th#motion to close the public bearing and approve the final assessment"'::":roll for Project 518 (Eagan High School - Utilities) certification to Dakota County. All members pre sen Page 8/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 City Administrator Tom�:t.¢Oges;:;z.."'-listed the matter be continued to the first Council meeting::a ::y,+ 3c2r`the final plat of Prettyman Heights was scheduled for approvil. John Klein objected to the Prettyman Heights' assessments. He stated there was no benefit to Zehnder Acres and that he would take the matter to court. City At:t#,il:::Bheldon stated that the matter .... should be discussed at the::a:e:ses#�eti�':'ti.earing. Mayor Ellison requested staff to review the assessmekitissue prior to the item returning to the City Council. Howard Carlson, Auge {taad:ies:,cj�fi asked what the vacated road would be used for. He objsdt:eff "to''the::Vacation. Public Works Director Tom Colbert responded that the road would continue through. John Klein stated that prior to the final plat, people in the area should have time to determine the assessments. City Administrator Tgri::�ea.9es reported that the City was overhauling its special asse5s:ei::::pgl,icy and that staff and the City consultants would be meeting cont'n'':uaEly in the future to discuss the matter. Egan moved, Wachter se.Q.gh3d:d�:::`the motion to continue the vacation of a portion of pu%s-'!-'C6' right-of-way for Auge Road to the first Council meeting at which the final plat of Prettyman Heights was scheduled for approval. All members present voted in favor. MASSAGE THERAPY ORDINANCE City Administrator Tddi::Fldgs::::ipdated the Council on the background of the matter. fie `suggest'eb Ehe deletion in the proposed ordinance in regard to escrowing the $40:0.00 investigation fee. There was discussion regarding all of th:e req'U'dred fees. Mayor Ellison asked if the fees covered the cos:Es. Mr:: ;:;'Hedges responded that the fees did cover the costs. Jim Traver hid:::concerns regarding the required fees. Police Chief Geagan informed the Council that the proposed educational requirement for 100 hours was extremely important for the industry. Assistant City Attorney:;:.3Qe:;FRrlay::vpdated the Council regarding the matter and stated that'i:bE;:::p ;dgOb d:::: hanges had been made in conjunction with the applicants. He stated he had reviewed ordinances from other municipalities and that the::proposed ordinance resembled the St. Louis Park ordinance. He furthei:':stated that St. Louis Park required 146 hours as the educational requirement. Page 9/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 Be further added tha';"**there Twin City area of which orifi:: -:was approved by a reputable ma'ss;#ge:: that the 180 members of the''�Nl�i;m years of experience. She stated"', background checks. Mayor Ellison should be informed. Councilmember Gustafsoei::St therapists and prostitutes:*466:: system". Be recommended the $20 Jim Traver. Be stated that if i increase the fees. Councilmembe as proposed as it is harden:444 : disagreed. were, three massage schools in the certil Ed and the other two were ins:: Ute. Cathryn Schuter stated I f-a'Therapeutic Massage Network had Ekiat most members would not need stated that the Police Department a:;#.:;:;saw no connection between tathQis would try to "beat the $150::and $100 fees as requested by ecame,_necessary, the City could acht!�' recommended leaving the fees fees later on. Gustafson Councilmember Egan remarked that he felt the original ordinance was awkward and that the proposed ordinance was vastly superior to the original ordinance. Be was in favor of the fees as submitted by staff with the change from...the $400.00 escrow fee to $300.00. Mayor Ellison stated t'iiet:; review and revise the ordinance'. should be subject to a single.:u agreed. reasonable for the City to It that a one-person operation 4Aion. The Councilmembers Egan moved, Wachter secif.Adecl, the motion to approve an amendment to Chapter 6.40, Subd. 4(d)'. changing the regulatory language for the operation of a massage therapy establishment, subject to modifications of the fee structures. All members present voted in favor. FINAL P T Gi#t�A$IB`?CLIFF PLAZA Gustafson moved, Wachter seo tded,:;;the motion to approve the final plat for Galaxie Cliff Plax-�i:: and authorize the Mayor and City Clerk to execute all related docimontsi,::Illison, Gustafson, and Wachter voted in favor; Egan voted against. BLUEBELL ICE CREAN COMPANY AND PENGUIN ICS CREAN/REQUEST TO OPERATE ICS CREAN TRUCKS Mayor Ellison stated he felt the p�posed condition number 6 regarding local employment should be deleted. Councilmember Egan agreed. City Administrator ted that it would be difficult to police. Gustafson moved, Egan seconded, thInotion to approve the request of Bluebell Ice Cream Company to:::operate ice cream trucks on Page 10/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 public streets within the:tity of Eaga*," subject to the following conditions: 1. Applicant to provide::;:G:t:%%'ate of Insurance which covers the required liability. 2. The hours of operation will be from 12:00 noon to 15 minutes prior to sunset. 3. The approval is gra" iisc:riiie::ApCil 1, 1989, to October 1, 1989. 4. The trucks will not geneXate a::.noise level greater than 65 decibels. 5. Caution swing arms"are regii3'red on each vehicle. All members present voted in favor. Gustafson moved, Wachter seconded, the motion to approve the request of Penguin Ice Cream;:;to operate ice cream trucks on public streets within the Cityofa:ga,:;;;subject to the following conditions: 1. Applicant to provide Cer,.tyte of Insurance which covers the required liability. 2. The hours of operation will be from 12:00 noon to 15 minutes prior to sunset. 1989. 3. The approval is granted from April 1, 1989, to October 1, 4. The trucks will not: tj rie' ate:::a:::hbise level greater than 65 decibels. 5. Caution swing arms are rO.quired '?Ein each vehicle. All members present voted in favor''' VARIANCE/LEO AMUNDSON Community Development Director Da-W:4tunkle summarized the application for the Council. Leo Amundson (applicafiX:;eRgtarjjis request. Mayor Ellison stated that the hardship was t'i2'''e'sistf'rig home layout. Wachter moved, Egan seconded, the potion to approve the 4 foot variance to the required ten foot sidey'atd setback for Leo Amundson, Page ll/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 Lot 4, Block 4, Valley v:E"Plateau. Pix members present voted in favor. ••• VAR 1". $EST;;;: DSS INC. Community Development Directior Dale Runkle summarized the application. The architect for the applicant was present. Councilmember Gustafson questioned thehsX:819i8:::,rchitect stated it was needed for expansion. Councilmem156i*iW;ibhW i j- d if the parking was adequate. Mr. Runkle stated that:::;addit final parking would be added to comply with Code. There was further discussion regarding the building construction. Egan moved, Wachter seEaAced:?�#C motion to approve the variance request of Best Brands, Inc. for a variance of 1.618 to the maximum 358 building coverage in a Limited Industrial development, subject to the following conditions: 1. A landscape plan 2. Consolidation of Industrial Park, shall be days of Council approval. 3. Parking on Yankee proposed parking lot area requirements. 1 be submitted and approved. , Block 2, Sibley Terminal h Dakota County within thirty ad shall be discontinued and the in conformance with City Code 4. A grading, drainage and erosion control plan shall be submitted and approved by City staff and the Dakota County Soil and Water Conservation District. .witb;.,tb.e...bui. ding permit application. All members present votec2 iri'abY: CONDITIONAL USE PSRNIT/ pN-INTORICATING MALT LIQUOR LICENSE/CROWN COCO (S�:STOP STORE) City Administrator Tom Hedges provided a summary of the application. Mayor Ellison asked if the conditional use for the sign was without a variance. Mr. Hedges stated yes. Dave Miller (Applicant) described: #'e nature of the new store design. Mayor Ellison questiorid #f' ft:ia#ts' common to sell 3.2 in convenience stores. Mr. Hedges'stated ye.s. Egan moved, Wachter seconded, the hfcftion to approve a conditional use permit to allow retail sales of 3.2 beer in a General Page 12/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 Business district located..�t 4195 Nical-s Road in the southwest quarter of Section 19, as:;r:equested by.:::.Crown Coco, Inc. , subject to all applicable Code ordina#bgs and a:stccessful police investigation. All members present voted ai.:::yor::::::::: Egan moved, Wachter seconded, the motion to approve a non -intoxicating malt liquor license for Eagan's E -Z Stop located at 4195 Nicols Road. All members present voted in favor. Wachter moved, Gustaao::ad4QRthe conditional use permit to''alT'6w::::a"pyl'or:::sign Road in the southwest quarter off::>6ectit3tt 19, Coco, Inc., for the E -Z Stop Skp=e, su.:ect conditions: 1. All applicable Cods"odinaneEs shall motion to approve a located at 4195 Nicols as requested by Crown to the following be adhered to. 2. A maximum height of 27 feet and 125 square feet of signage area per side shall be allowed. 3. The signage shall:;:be..limited to 208 of the canopy facade. All members present voted;Xtn::f:auor. WAIVER OF PLAT/OPUS CORPoMTXOZEAGANDALE INDUSTRIAL PAR 1C...3 Ali::X1313I T ION City Administrator TcjiR:-H'edges introduced the matter to the Council. Be stated the issues of platting versus a waiver was tricky. Community Development Director Dale Runkle commented on the County concerns. Public Works Director::.Tgm.::;CG minimum offset distance, ge:;state lanes and that the platting proce the planning. He stated he had ear and that each had its own unique:;: further research and commented tit be better addressed in a platting Councilmember Egan questioned Colbert stated he was unsure of the could be t f t&I, s concerned regarding the was conflicting left turn give the County input into everal possible approaches He felt the matter needed ransportation issues would how much time was needed. Mr. exact time frame but felt it pu or rather quickly. Bob Worthington (Opus) described tae design of the project and the extension of the Lone Od�C:;;?sitSE:$s::::c�nter. He stated the County plans for Lone Oak Road weYe nGt:fi:ticatning and Opus wanted to take advantage of the market place at the present time. He commented that the County could not stop Opus, but th;::Opus was being cooperative. He remarked that Opus had entered into stipulations similar to plat requirements. He described the use of the property as responsible and Page 13/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 appropriate and commented.tli'a't'�'Opus.Wai::willing to work with the County for future expansib:fl. Be inforni2i the Council that Opus wanted to break ground in May. Be:::urther stated that the official street map showed no realignment:::; e;.objected::;to proposed condition number 9 but informed the Council tti t:::: #? s.: i4 ?vId comply. Be stated he felt it was an illegal tax. Mayor Ellison informed Mr. Worthington that the City is reviewing its assessment policy. Be further stated that he did not want to see transportation.p;.oblems and.asked Mr. Worthington for his suggestions. Mr. Worthington referenced:Items ii# the staff report and stated they would be providing an easement to.:;widen the road. Be informed wd the Council that Opus did not.*it. the:jx-bad through its property. Councilmember Egan n6fe"66 t' ha ' tli'E issues were not clear and stated it was a philosophical question. Be pointed out that the City had disagreed with the County four times in the past year. Be stressed that he believed in cooperation but felt that the property would be affected by the road configuration. Be observed there were limits and that Opus had co.operated. Be asked if the County would have unique setback pro blei'%K:::Cvvmunity Development Director Dale Runkle explained that the eai 6-ii,*wo.uld take into account any future upgrades. Egan mentioned that:::theere would still be a reasonable access opportunity;�'to thy:>:ii4?#th. Councilmember Wachter agreed and emphasized that thikAO*iA61*ent was an advantage to the City. Councilmember Gustaf:sori;`:€aiib:red a waiver. Mayor Ellison endorsed the proposal and:sttated that it would be a benefit to the City. Be felt there were other means -to solve the traffic issue. Be commented that Lone Oak Circle was a cul-de-sac. Public Works Director Tom Colbert asked Mr. Worthington if Opus would agree to an eight foAt::bitum.A43ss:;trail. Mr. Worthington responded yes that Opus wQl1::::a�%I. gteie:tii::N?batever was consistent. Councilmember Egan stated he recognized... -the assessment problem. Mr. Worthington reaffirmed Opus' objection.:::::: Wachter moved, Egan seconde<3,::the *tion to approve a waiver of plat to combine 26 lots in Eagandale Cuter Industrial Park No. 3 into two parcels located in the southeast corner of Lone Oak Road and Neil Armstrong Boulevard in the northwest quarter of Section 11 as requested by Opus.Corporation, subject to the following conditions: 1. Opus Corporation will agree to��g7ve controlled access to the County along the Lone Oak Road portion`d.jacent to this waiver of plat except for the access:; ht::;'''4'4 el by the access permits. 2. Opus Corporation will grant the. -:10 foot right-of-way easement for roadway purposes immediately south::Pf the right-of-way line. Page 19/EAGAN CITY COUNCIL MEETING MINUTES April 9, 1989 3. Opus Corporation 0111 grant th'e'-15 foot trailway easement immediately south of the ri ip,10 foot r3.jht-of-way easement. 4. The parking setback -.a3:.4,i:g.:::&z e' Oak Road will be 35 feet from the new 10 foot right-of-way easeindiit line. 5. The project will be designed so that access to the truck port will be taken from Neil Armstrong Boulevard. 6. The newly created }erce:atlk:::be combined at the County within 60 days of the waiver ofpgat aQgroval, with documentation to the City Clerk within 30 days of' -"the recording. 7. All signage shall be.:,$+ibject.; t:z>the City's one-time sign fee of $2.50 per square foot. 8. The proposal shall be subject to a cash parkland dedication according to the current policy and a 6 foot wide concrete sidewalk be placed along Lone Oak Road. 9. This development $ii:el.l..accept its additional assessment obligations as defined'aff,Is report in accordance with the waiver of plat dimensions and`fiie4:4:es in effect at the time of the City releasing the waiver of gat foi'..recording. 10. This development shsponsible for the acquisition of all regulatory agency perm3;�e::' the time frame required by the affected agency. 11. The development is subject to further requirements relating to grading, drainage, erosion control, street access, storm sewer, ponding, sanitary sewer, easements and water main as necessitated by the building permit process;:;iev::E4?:.b:::i:ty staff. • .... All members present voted i{1:: -favor:;::: COVENTRY PASS/.:V,sONTIt0 COMPANIES COMPREBENSIVE GUIDE PLAN AMENDMENt/1iEZONING/PRELIMINARY PLAT Community Development Director Dale Runkle summarized the application. Wayne Tower (Pioneer Engineering)*, -informed the Council the location of the park had been revised,'::ias well as the overall design. Be pointed out that the old.,dump&i:te,,hdcl, been investigated and no contaminants were found. f e::::ikXthe :::;S�s:"ed that no structures were proposed in the dump area.'He' exp18'iriei9 that a meeting had been held with the Country Bollow residents. Mayor Ellison asked if there was a heed for any soil compaction. Mr. Tower stated that it had been buried for 20 years, almost three Page 15/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 feet down. He felt it wa9:34ot necessary:; Councilmember Wachter stated the area had been a pig feeding operakU.9n. Mayor Ellison questionez would be a transition from the Country Hollow Addition. Mr.:4'i t;et:>H-Cated they would prefer a transition and that there would be restrictive covenants. Councilmember Egan was in favor of restrictive covenants. Mayor Ellison asked if the double fronted lots were gone. Mr. Runkle stated yes. Councilmember Wachter had concerns. regarding the neighbors objecting to other homes. Jzr;TiiMrQX: ed there were sod problems. Don Klein, 4770 Dodd Road,:::lid concerns regarding access to his property. Mr. Tower stated that.;.;:desi.gn:had been worked out. He showed the new design to Mr. Kl n andiljt.ib the Council. Councilmember Egan qupSt'ioned'''i 'the proposal would exceed 500 feet. Mr. Tower responded it would be approximately 580 feet. Leonard Karen, 4000 Dodd Road, questioned the layout. He informed the Council that his barbed wire fence would abut the yard. Don Klein asked if th�q�i� 6ad:..would be stubbed. Mayor Ellison commented hefelfi:':ttie.revised plan was improved over the original plan. Co unct;!membe:r::W�?hter questioned if all lots met requirements. Mr. RunklerepliE::yps. Councilmember Egan pointed out that most issues had bee{i::*:t:e:snlved. Wachter moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment changing the land use designation from Industrial, Parks and Mixed Residential to Mixed Residential and Parks, as submitted by Frontier Companies, for Coventry Pass. All members present voted in f.yqr..:; ::;;:?:::::::::::::::::: :::: Wachter moved, Gustafson seconds d,...the motion to approve the rezoning of 122.4 Agricultural adtEs to::;: Single Family district, in regards to the Coventry Pass deve:Cpment: All members present voted in favor. Egan moved, Wachter seconded, the motion to approve a preliminary plat entitled Coventry Pass consisting of 240 single family lots located east of Dodd Road and south of Wescott Road in the east one-half of Section 24, as submitted by Frontier Companies, subject to the following conditions: 1. These standard condi.t.o4�t:::;crt:::�tit#t- approval as adopted by Council action on September:4::f:t:y::'::9:e:T:::ah;a11 be complied with: Al, Bl, B2, B3, B4, Cl, C21 C3, C51 Dl, El, Fl,.•.,.and Gl. 2. The existing farmstead shall coh%diiict to City utilities. Page 16/EAGAN CITY COUNCIL MEETING MINUTES April 4. 1989 and septic system shall 4. A variance shall fdt Street K in excess of 5001. 5. No direct driveway access onto Dodd Road shall be allowed. 6. 401 setbacks shall be allowed along Dodd Road. 7. The development ............... - a maximum depth of 8 feet of cover on the existing water ma#in the southwest corner of the development. 8. The development is. ,resp.Wigibls:;:fbr any damage which may occur to any existing city Pub which results from the proposed site grading and 9. The development will be required to match the existing street grades provided in the adjoining Country Hollow development. 10. The development is::::XPquired to adhere to the City's maximum 3:1 slope criteria. 11. The development is req'-Uired td.Aubmit plans and specifications for the proposdr wall construction for staff review and approval. 12. The development is:'r'-equired to provide storm sewer to adequately accommodate the storm water runoff which currently is conveyed by the rural ditch section along Dodd road. 13. The development will be required to provide emergency overland outlets from all 14.,A storm sewer inlet is rec .4uired.:.:.t)etween Lots 16 and 17 of Block 7 on Lantern Lane to colleQ'i::'the :t:6nof f water in the backyard swale. 15. A 50 foot half right-of-way is - i - 6quired for Dodd Road. 16. The development is required to limit post development phosphorus export levels to predevelopment levels. 17. The development is required to sanitary sewer, storm sewer, and water main hole .g.t.uba... adjacent properties as AR determined by City staff. All members present voted in favor. -i-,':-':-: Page 17/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 CITY OF EAGAN/LESINGY'ON SOUTH PLANNED DEVELOPMENT/RESERVOIR City Administrator Td Aed.qes., ckttoduced the matter to the Council. Mayor Ellison commsttier:#ig `this item and the three related items had all been initiated by'ti'e"'City. Wachter moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment of approximately 64 acres within the Lexington South Planned:;:pevek.op.Rent.;.: All membersp resent voted in favor. Egan moved, Wachter seconde'ci, the motion to approve the rezoning of approximately 64 Multiple aces wit?Sn the Lexington South Planned Development to Public Faci.iti.e :i.Stc3t located at the southwest corner of Diffley Road an&:' -t :st igto4;:: . nue in the northwest quarter of Section 26 and the northeast quarter of Section 27. All members present voted in favor. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/ NORTHEAST QUARTER OF SECTION 26 Wachter moved, Gustafeo0:�:0.0.0=nded, the motion to approve a Comprehensive Guide Plan amendin'ent>::Qt::::approximately 7.4 acres within the Lexington South Planned D velopr6en.t:::::All members present voted in favor. Egan moved, Gustaf son:::secontied, the motion to approve a rezoning of approximately 7.4 Townh6use acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All members present voted in favor. CITY OF BAGAN/LEBTNGTDt;ISQI7 !LANNED DEVELOPMERT/ SODTm 'AF' OF BBCTION 26 Egan moved, Gustafson seconded, thg:motion to approve a Comprehensive Guide Plan amendmedt:of a�?proximately 10.9 acres within the Lexington South Planned Devel.opmen t;:;7411 members present voted in favor. Gustafson moved, Egan of approximately 10.9 Doub Development to a Single Fa of Wilderness Run Road and of Section 26. All members seconded, the motion to approve a rezoning Le acres within the Lexington South Planned nily district::JVocated along the north side east of Walnli� Hill Park in the south half .Qied,,An favor. Page 18/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 CITY OF SOUTHW Community Development DSE continuance of this item pending Addition. PLANNED DEVELOPMENT/ SECTION 23 ale Runkle requested the review of the Soderholm Wachter moved, Gustafson..seconded, the motion to continue to the April 18, 1989, City Council;: ie l gj.:; tie Comprehensive Guide Plan amendment and a rezoning of"agpirtistly 1.5 Multiple acres within the Lexington South Planned Devalopment:::to Limited Business located north of Diffley Road and along. -the west: side of Lexington Avenue in the southwest quarter of Sectiati::: i Page 19/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 that the Alternative Security... the Letter of Credit. Agreemerit-:-Nas executed, together with City Attorney Jim Shey9--- .441-%commeiti'd that the Alternative Security Agreement was 41-1-11 6-;e -::-` project and that the signature pages had been provided but tha . X'Mike Dougherty had not reviewed in total the Alternative Security Agreement. Mr. Yock explained the various agreements and commented that what was needed was Mayor Ellison questioned if::::.t-he Co.:Ucil could give a conditional approval subject to legal review..,Mr. �hildon responded yes. Councilmember Egan felt the mat.ti'r was:::'.'-*' consent agenda item. Gustafson moved the mio'&-i-Obb'' t0:'::'&"P'*"'p""r'*'o've the final plat for Alden Pond, subject to the review and approval of legal counsel. Councilmember Egan stated he could not second the motion. Mayor Ellison seconded the motion. Gustafson and Ellison voted in favor; Egan and Wachter voted against. The motion failed. The matter was referr.- review by the Council at a Egan moved, Wachter to vacate a portion of t and schedule a public he present voted in favor. aff for further review before kepting. .d0.;d..r"tbe motion to receive the petition lic highway easement for Birch Street to be held on May 2, 1989. All members VISITORS TO BE HEARD David Doyle, 2112 Shaj-*::-t q46 ted that the Rahn Road improvement project move forw r.a. r,." Colbert stated that the plans were studied for Rahn Road and thi�t staf-i would respond to the petition by the neighbors. Community Development Director Dale Runkle stated he had engineering/platting concerns which he felt should have been addressed before the Council meeting. City Administrator Tom Sedges revi.eWed the Opus issues. Mayor Ellison update d:::::t::: hO*,::I.-ZO.'t�b-.'C:,"i-'-I-.:'-.., d staff on the Northwest meeting regarding the hostile'" i'ake-over....strategies. Page 20/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 CNECRL Wachter moved, Gustaf'G.4#:;.secoad2 the motion to approve the checklist dated April 41 196B:t;::ii1:::tEte amount of $470,647.17. All members present voted in ADJOURNMENT The meeting was adjOUr.ned:.:.at; I'I"'(t::::p.m. THE:::.:.C.. TY OF EAGAN E. J. VanOverbeke, City Clerk i -ADMINISTRATIVE AGENDA r REGULAR CITY COUNCIL MEETING BAOANO, MINNESOTA APRIL 4,, 1989 CITY ATTORNEY Item,i. Executive session CITY ADMINISTRATOR Item 1. On -Sale 3,.2 Beer and.Winw License for DivanniIs Pizza and Not Hoagies Item 2. Stratford' Oaks Plat 8xtension Item I. Modified Aircraft Corridor Procedure Item 4. Final Plat, Alden Ponds; DIRECTOR OF PUBLIC WORKS Item 1. vacation of. Portion of a Public. Highway Easement, Document No. 369340 (Birch Street) MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 3F 1989 V SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY Item 1. Executive Session --The City Administrator and City Attorney are requesting an executive session to provide for an attorney/client discussion regarding various litigation that is pending with Robert O'Neil and Federal Land Company. Once the regular City Council meeting is completed, the Mayor will announce an executive session that will be held in the office of the City Administrator. CITY ADMINISTRATOR Item 1. On -Sale 3.2 Beer and Wine License for Divanni's Pizza and Not Hoagies --Applications for an on -sale 3.2 beer and wine license for Divanni's Pizza and Hot Hoagies are in order for consideration. Divanni's is located at the Cliff Lake Galleria Shopping Center. The City Council at its March 21 meeting did approve a conditional use permit that would allow for 3.2 on -sale and wine license at the Cliff Lake Galleria. For additional information, refer to the license applications, copies are enclosed on pages 1- 1 through J_13. To approve or deny an on -sale 3.2 beer and wine license for Davanni's Pizza and Hot Hoagies to be located at Cliff Lake Galleria Shopping Center. Item 2. Stratford Oaks Plat Extension --The Community Development Department received a request for a preliminary plat extension from Dan Gustafson representing the Stratford Oaks Project. For additional information on the item, refer to the letter f'�roI� Mr. Gustafs9p and a copy of the staff update enclosed on pages J /T through �_. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat extension for Stratford Oaks for a period of six (6) months until October 31, 1989. Item 3. Modified Aircraft Corridor Procedure --The City Administrator and Assistant to the City Administrator met with Larry Dodds who resides at 2829 Burnside Avenue in the Country Home Heights subdivision, to discuss aircraft corridor procedures. Assistant to the City Administrator Hohenstein has prepared a memo that addresses a noise remedy proposed by Mr. Dodds and findings that the staff has identified that would not support the proposal. For a copy of the memo, refer to pages lNi through. The Airport Relations Committee is scheduled to meet on Tuesday, April 11 and if there is direction from the City Council regarding either Mr. Dodds' proposal or the pursuit of funding for flight maneuvers outside the 65 Ldn contour, action would be required. It may be the request of the City Council that the Airport Relations Committee invite Mr. Dodds to their meeting, hear his request and provide findings at a later date to the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: Provide direction to staff regarding a modified aircraft corridor procedure presented by Larry Dodds and, more specifically, a direction for the Airport Relations Committee. Item 4. Final Plat for Aidan Bonds --The final plat for the Alden Ponds project is in order for consideration. This project is located on Coachman Road and will be developed and owned by Ted Yock of the Rosewood Corporation. ACTION TO BE CONSIDERED ON THIS ITEMt To approve the final plat for Alden Ponds. I .) f Y -N- Ti:W} i lei 161E f3_L•�_j r:, Item 1. vacation of Portion of a Public Highway Easement, Document No. 369340 (Birch Street) --Staff has received a petition to vacate that portion of a highway easement (Birch Street) within the proposed Suncrest Addition plat. This vacation of the existing 40.00' highway easement will be replaced by a dedicated 30.00' public right-of-way on the final plat for Suncrest Addition. The final plat application has been received and the final plat approval is anticipated to be processed at the same time as the public hearing for this requested vacation. ACTION TO BE CONSIDERED ON THIS iTEN: To receive the petition to vacate a portion of the public highway easement for Birch Street and schedule a public hearing to be held on May 2, 1989. /s/ Thomas L. Hedaes City Administrator 170 I MINNESOTA DEPARTMENT OF PUBLIC SAFFn SAtt£ U71 PHONE 1612) 296-6159 LIQUOR CONTROL DIVISION 333 SIBLEY a ST. PAUL, MN 55101 APPLICATION FOR COUNTY OR CITY ON SALE WINE LICENSE NOT TD EXCEED 14% OF ALCOHOL BY VOLUME EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a; partner shell execute this application. if this is a first application attach a copy of the articles of incorporation and by-laws. Applicants Name IBuslness, Partnership. Corporation) li ade Nams or DBA Gladstone M. Stenson Jr. Davanni's PIzza and Hot Hoagies:, 4. oa ies- Business Address Business Business Phorme Applicants Home Phone 5957 W. 37th Street ( 612 )929-1650 ( 612 )935-9541 City Coumv State ZIP Code Minneapolis, Mo. 55416 Hennepin . MN. 55416 Is this application If a transfer, give name of former owner Ucense period GbNew ❑ Renewal ❑ Transfer FromJan.1-89:'. To Dec.31,1989 If a corporation, give name, title, address and date of birth of each officer. If a partnership, ghro name, address and date of birth of each partner. Partner/Officer Name and Title Address .. DOB Gladstone M. Stenson President 6216 Parkwood Rd. Edina, MN. 55435 -23-48 Partner/Officer Name and Title Address DOB Roger W. Schel er V -President 4505 Bruce Ave. Edina, Mn. 55424 -9-48 Partner/Officer Name. and Title Address DOB Robert W. CArlson Treasurer 6520 Indian Hills Rd. Edina, MN. 55435 10-14- Partner/Officer Name and Title Address DOB CORPORATIONS State of Date of Certificate Incorporation Minnesota Incorporation 5-22-75 Number 274 Is corporation authorized to do business in Minnesota? OYes ❑ No If a subsidiary of another corporation, give name and address of parent corporation THE BUILDING Neme of Owners BulldingOwner Ryan Properties-, Attn: "Wm. McHale Address 900 tad Aventie-So.,--Mpls., Mn. 55402 Has the building owner any connection Are the property taxes deliquent? El We EkNo direct or indirect, with the applicant? ❑ Yes WINo - Describe the premises to be licensed A one story 3,444 sq foot building located in the Cliff Lake Centre in Eaaan, MN. THE RESTAURANT m-th:11-11:00 P.M. �M What is the During what hours will Fri-Sat:11-2: CaAOBr of people Seating capacity? 104 food be available?_dun: 12-11:00 restaurant will employ? 45 How many months per year - - Wilt food service be the principal will the restaurant be open? 12 business of the restaurant? Miss ❑ No T, . In e If this restaurant is in conjunction with another business (resort, etc.), describe the business. 7 OTHER INFORMATION 1. Have the applicant or associates been granted an on -sale non -Ir . itoxicating molt beverage (3.2) and/or a "set-up" license In conjunction with this wine license? KWft 0 No 2. Is the applicant or any of the associates in this application a member of the county board or the city council which will issue this license? 0 Yes CMo If yes, in what capacity? (If the applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not vote on this application.) 3. During the post license year has a summons been Issued under the liquor civil liability law (Dram Shop) (MS. 340A 802). DWs ZiNo If yes attach a copy of the summons. 4. Has the applicant or any of the associates in this application been convicted during the past five years of any violation of federal, state or local liquor laws in this state or any other state? 0 Yes WiNo If yes, give date and details. 5. Does any person other than the applicants, have any right, title or Interest In the furniture, fixtures or equipment in the licensed promises? DYes RkNo If yes give names and details. . ... ........ 6. Have the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesotaha Yes 0 No If yes, give name and address of the establishment. . . ... .- . . .. I . , I. — — . .. . . .;I our other 11 Davannivs restaurants located in the Twin Cities area. I CERTIFY THAT I HAVE READ T 0 STIONS ATTHE ANSWERS ARE TRUE AND CORRECT OF Nk -T 2/28/89 MY OWN KNOWLEDGE. Yrdfure of ApPlaont - I Date ... . ... IF LICENSE IS ISSUED BY THE COUNTY BO D; REPORT OF COUNTY ATTORNEY - -- I certify that to the best of my knowledge the applicants named above are eligible to be licensed. 0 Yes 0 No If no, state reason. . Sonetwo County Attorney County pate REPORT BY POLICE OR SHERIFF'S DEPARTMENT This is to certify that the applicant, and the associates, named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor, except as follows A r!Lepirill I :E:J5rQA DepaVNo )�g l C .- J In DATE CITY OF EAGAN NEW _ON SALE FEE 3830 PILOT KNOB ROAD RENEWAL OFF SALE FEE MGM, MINNESOTA 55122 TEMPORARY TfH11ORARY FEE $25.00 •' , 67 50o• • 1 • I• ro-,. n-;!> 9.87 PLEASE PRINT Stenson, Gladstone H attn: Wm. McHale Ryan Properties, Inc. Last First Middle Last First Middle Address_ 5957 W. 37th Street Address 9002nd Avenue So. Street Screet Minneapolis. MN. 55416 Minneapolis, Mo. 55402 City State Zip Phone 929-1650 Birthdate 8-23-48 City State Zip Phone 339-9847 Birthdate L�s{.'� Davanni's Pizza and Hot Hoagies Youn krantz Shell Renee • FLrsc Middle Address 5957 W. 37th Street Address 1110 Lealand Road Strout Street Minneapolis, Mn. 55416 Maniewood. Mo. City State Zip Phone 612-929-1650 City State Zip Phone 483-9134 Birthdate 10-24-59 for the year 1989 , from co Event: mons ate mons ate or temporarylicense) Location: 1980 Cliff Lake Road,Eagan Are you the actual proprietor? Yes ( ) No ( ) rias Are you the owner of the property of the business location? Yes ( ) No (x) Ila s any ocher license of this kind been g[anted to you? Yes (x) No ( ) Where eleven other Davanni's starting in 19/5 �;�y� ey a� Are any taxes, assessments or utility bills for the premises unpaid or deliqucnc? Yes ( ) No (a). if yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law HS 304.A802? Yes ( ) No ( 4. If yes, attach summons copy. Have you ever been convicted? Yes ( ) No (x) City (Ochmr than a traffic offense) Is this a Joint ownership or silent partnership? Yes ( ) No W. If yes, please attach a Listing of eompl.!ce names, dates of birth, addresses and telephone numbers for everyone involved. 1 HEREBY VERIFY THAT THERE HAS BEEN NO CHANCE 1N OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EACAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EACAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE CRANTINC OF THIS 3.2 BEER LICENSE. NNESOTA AND I NO HEREBY AGREE TO OPERATE SUCH BUSINES IN ACCORDANCE W Ta45t l'IIE ORDINANCES OF THE R INC STATEMEN RRECT TO T11E UFE BEST OF MY KNOWLEDGEAUTHORIZED SIGNATURE ull Mid / FO ITY US ILY POLICE APPROVAL: Yes (J} No ( ) SIGNED DATED CITY COUNCIL APPROVAL: Yes ( ) No ( ) SIGNED DATED n-;!> 9.87 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 31, 1989 RE: STRATFORD OAKS - PLAT EXTENSION For the past several months, the Department of Community Development has been working with D. H. Gustafson in finalizing the Stratford Oaks plat. As you can see by Mr. Gustafson's letter, they have received allocation from the Department of Housing and Urban Development for revenue bonds, one of a few projects in the State of Minnesota to be funded for 1989, as well as a financial commitment for bonds from Piper, Jaffrey, Hopwood. Therefore, the financial guarantees are almost complete and the applicant can then record the plat and transfer title. The preliminary plat for Stratford Oaks is up April 19; the applicant is requesting a six month extension in order to have all of the financing for this project in place. This plat is unique as it has received final plat approval once and since financing cannot be put in place, and recording cannot take place prior to the one-year requirement for a preliminary plat, the applicant needs this plat extended for six months. Since this extension is being requested, it is my recommendation that staff re-evaluate the development contract and recalculate the fees and financial obligations as of April, 1989. If you have additional questions or would like more information, please contact me. :1�� DCR/js Encl. ` l� -D. H. GUSTAFSON -COMPANY- REAL ESTATE DEVELOPMENT AND MANAGEMENT SINCE 1%8 MAR S 0 W9 March 17,.1989 Mr. Dale Runkle Director of Community Development City of Eagan P.O. Box 21199 Eagan, Minnesota 55121 RE: Stratford Oaks Preliminary Plat Extention Dear Dale: We hereby request an extention of the Preliminary Plat approval of Stratford Oaks of Eagan for a period of six months from April 19, 1989. The Final Plat on this project was approved on September 19, 1988. However, delays in finalizing mortgage financing prevented us from recording the plat last fall. We now have a firm commitment for an insured mortage from the Department of Housing and Urban Dev— elopment and an allocation for residential revenue bonds from the State of Minnesota. We are proceeding toward the.sale of these bonds and the closing of the mortgage but are unsure as to whether this can be accomplished within the next 30 days, thus necessitating the extention. We also request the City to review our Development Agreement to determine any change necessary in our escrow amounts or municipal fees. If I can provide any further information, do not hesitate to contact me. Thank you for your consideration of this extention. I will keep you advised of our progress. Si rely, Dan H. Guetafso DEG/sh cc: Terry McNellis, Piper Jaffray 6 Hopwood 14661 Chicago Ave = South, BuwaviUe. MN 55337 (612) 432-6240 1'1S MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADM DATE: MARCH 29, 1989 SUBJECT: CITIZEN FOR MODIFIED AIRCRAFT CORRIDOR On Monday, March 20, 1989, staff net with Larry Dodds, 2829 Burnside Avenue. Mr. Dodds lives in the Country Home Heights Addition and has been in touch with City staff in the past regarding aircraft noise concerns. In recent months, Mr. Dodds has had occasion to discuss corridor procedures with supervisors and staff at the Minneapolis/St. Paul Air Traffic Control Tower. As a consequence of these discussions, Mr. Dodds has suggested that the City consider some alternatives for traffic which might allow better concentration of aircraft actually using the corridor. The suggestion is innovative in that it attempts to reduce the fraction of air traffic actually using the corridor by establishing alternative routes for certain portions of the departure stream. Thus the remainder may be able to utilize traditional corridor noise abatement procedures. Specifically, the proposal would allow the air traffic control tower to issue either corridor headings or a 160 heading from Runway 11R or a 050 heading from Runway 11L as depicted on the attached map. As suggested, the procedure would allow only corridor operations or operations along these two headings and nothing in between. Mr. Dodds states that his discussions with the tower supervisors indicate that this procedure is immanently feasible and would allow a certain amount of relief to neighborhoods adjacent to the corridor. Staff's analysis of this proposal raises a variety of issues. Findings which support the proposal are as follows: 1. The approach is innovative in that it attempts to reduce the concentration of traffic in the corridor thereby improving the efficiency of narrower operating procedures. 2. If a narrower operational procedure were followed within the corridor, a certain amount of noise relief might be recognized in neighborhoods immediately adjacent to the corridor and existing traffic patterns. With some modification, the procedure could be used to track aircraft out over the Mississippi and Minnesota river valleys in a fashion similar to procedures flown at Washington National and other airports which consider river valleys to be noise abatement flight corridors. March 29, 1989 Page Two Findings which do not support the proposal are as follows: 1. The proposal is a departure from past and current City policy with respect to noise abatement. Specifically, that policy has been to encourage the FAA and MAC to utilize only the noise compatible corridor at the boundary of Eagan and Mendota Heights to absorb the largest proportion of the severe noise impact. 2. While the 050 heading does follow the Mississippi river valley, the 160 heading would track over certain residential areas including those in the Coachman Road and Blackhawk Lake area. In addition, because headings are flown from a point at which turns occur, a much broader area could be impacted. For instance, a plane beginning a 160 turn after becoming airborne at the middle of the runway may track over Blackhawk Road and parts of Cedar Grove. Under another scenario, an aircraft turning to 160 degrees at a mile from runway end would track immediately over Highview Avenue and the Timberline Addition. This of course does not take into account down range impacts to other neighborhoods in the community. 3. While the procedure as proposed requires operations to be either within the corridor or at the 050 or 160 degree extremes, experience with the FAA has been that the broadest area of procedure tends to be used to define the outer edges of the operating area and, over time, such a procedure could result in a complete degradation of the corridor procedures the City has supported in the past. 4. While Eagan may consider a right turn procedure from Runway 11R, the left turn to 050 degrees from Runway 11L would depend upon acceptance of the cities of Mendota Heights, St. Paul and West St. Paul. Those cities would likely share the same concerns raised concerning where the turn begins because aircraft could track over Highland Park or residential Mendota Heights depending upon where the turn to heading begins. Any request for procedure change requires the City to make an official request of the Metropolitan Airports Commission which would then request a test of the procedure of the Federal Aviation Administration. This test would be conducted similar to the 180 day runway use test which attempted to concentrate traffic on Runway 4/22. Following the test, the procedures would be evaluated through an environmental review process. In the alternative, Mr. Dodds stated that if procedural relief could not be achieved, he would like the City to pursue some type of monitery relief or remedial treatment to compensate homeowners in noise impacted areas. `�� March 29, 1989 Page Three The Council may recall that the Part 150 Study included certain remedial measures for residential areas lying within the 65 Ldn contour as projected for 1992. A copy of that impact map is attached. Within the contour area, remedial opportunities such as sound insulation of homes, purchase assurance programs and, in the most severely impacted areas, property buy outs are listed as remedial measures. Mr. Dodds suggests that purchase assurance might be an attractive program for his area. Unfortunately, the 65 Ldn contour is widely recognized as understating noise impact, in addition, the MAC in using the 1992 contour assumed that a certain number of departures would be taken from the parallel runways by the proposed extension of Runway 4/22 and that the increasing prevalence of Stage 3 aircraft would reduce the impact area still further. This combined with the natural understatement of the Ldn 65 results in fewer than five homes being eligible for Part 150 relief in the City of Eagan. To show how badly the Ldn 65 understates noise impact, staff has indicated the McKee Addition and the Country Home Heights/Highview area on the attached contour map.These are perhaps the most severely and chronically impacted neighborhoods outside of South Minneapolis. The McKee Addition is excluded from the Ldn 65 and the Country Home Heights area is barely grazed. For that reason, it will be necessary to pursue an expansion of the remedial treatment area with the MAC. At Council direction, staff has previously discussed this issue with the MAC concerning the McKee Addition but the MAC has been reluctant to pursue the matter until the Part 150 Study receives approval by the FAA. The effect of a targeted program would be to permit the MAC to identify certain areas which, while outside of the Ldn 65 in 1992, could represent alternatives to continued high noise alternatives to continued high noise impact for severely impacted residents. Unfortunately, federal funds may only be used to provide relief within the 65 Ldn contour. Therefore, it may be necessary to pursue other funding sources if an expanded or targeted area were identified. Other MAC funds, potential revenues from differential landing fees and funds from the airlines have all been suggested as alternatives. As long as the airport operates at its current site, there will be noise impacted areas adjacent to it. Hopefully, with the increasing prevalence of quiet generation Stage 3 aircraft, the impact area will shrink to the point that the corridor is largely successful in absorbing future noise impacts. Certain neighborhoods immediately adjacent to the corridor, will continue to have noise impacts in the future and it may be appropriate to expand the previous Council direction to pursue mitigative alternatives for the McKee Addition to other neighborhoods adjacent to the corridor. Staff would strongly advise, however, that if March 29, 1989 Page Four such a direction were given, firm parameters be established either by use of a current noise contour or a state recognized descriptor to define a boundary within which such alternatives would be pursued. This would not only provide an objective standard for discussions with MAC but would define the area within which such relief would be pursued by the City rather than extending it to a broad area which receives occasional overflights. ACTION TO BE CONSIDERED ON THIS ITEM: If the Council is predisposed to either or both of these alternatives, it would be appropriate to refer them to the Airport Relations Committee for consideration at its April 11, 1989 meeting. Such referral could occur with or without conditions or direction from the Council. Depending upon Airport Relations Committee action on the 11th, the matter could come back for official Council action at its April 18, 1989 meeting. Please advise in this regard. www AsdJstant to the City Administrator Attachments TLH/JDH/jeh