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03/07/1995 - City Council Regular AGENDA :,;4/6.) EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING , March 7, 1995 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:35 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) V. 6:55 - CONSENT AGENDA (PINK) P • z A. PERSONNEL ITEMS Pe B. PLUMBERS LICENSES 7 C. AWARD CONTRACTS, Municipal Center Remodeling Project r7.D. CHANGE ORDERS, Police Department Expansion Project T , E. AWARD CONTRACT, Refuse/Recycling Collection of City Facilities ° � F. CONTRACT 95-02, Approve Bid, Lexington/Diffley Athletic Field O. ( Fencing C. APPROVE CIVIC ARENA Proposal Package - Dehumidification i. R 3 H. APPROVE CIVIC ARENA Proposal Package - Ice Refrigeration 1I. APPROVE PURCHASE of Ice Resurfacer J. PROJECT 673, Revise Pending Assessment Roll, Red Pine Lane & T.H. 3 3/ K. PROJECT 673, Approve Land/Easement Acquisition, Red Pine Lane/T.H.3 ,33L. PROJECT 678, Receive Feasibility Report/Authorize Plans and Land Acquisition, Deerwood Reservoir J M. VACATE DRAINAGE & Utility Easements, Receive Petition/Order Public Hearing, Lots 1 and 2, Block 2, Prettyman Heights 3�j-0. CONTRACT 94-06, Authorize Final Payment/Acceptance, Wilderness Run P * 1-4 Addition Street Rehabilitation 9 P. ACCEPT RESIGNATION, Anil Deodhar, Airport Relations Commission Alternate 112-Q. RESOLUTION, Recognition of Former State Rep. Connie Morrison vq R. PROCLAMATION, Camp Fire Birthday Week VI. PUBLIC HEARINGS (SALMON) VII. OLD BUSINESS (ORCHID) f2, �(� A. APPROVE WADING Pool Proposal VII NEW BUSINESS (TAN) P,q A. FINAL REPORT, Central Area Task Force B. COMPREHENSIVE GUIDE PLAN AMENDMENT, Maplewood Development, Inc./Blackhawk Forest, REZONING from R-3 and NB to R-1, PRELIMINARY SUBDIVISION of 59 lots, and VARIANCES to R-1 setbacks, located west of Blackhawk Road, along either side of Robin Lane C. REZONING, Ridgecliff Woods/James M. Waters, from Agricultural to R-1 and PRELIMINARY SUBDIVISION of 3 acres, south of Cliff road and east of Lenore Lane i D. REZONING, Wilkinson Construction, from R-4 to R-3, Trails End Road, west of Ivy f2 fq 1 E. ORDINANCE AMENDMENT, Chapter 11 (Zoning) regarding exterior building materials requirements in the I-1, Limited Industrial Districts eVF. ORDINANCE AMENDMENT, Chapter 11, Section 11.05, extending development moratorium to October 3, 1995 for Southeast Industrial / Land Use Study /s/G. VARIANCE to sign code, Mid-America Entertainment Co. , Blockbuster Video, Duckwood Drive and Crestwood n ^ , /(,,) H. PRELIMINARY SUBDIVISION, Final Planned Development, and Conditional rye Use Permit, Oak Cliff Eighth Addition-Penn Cycle, Inc. , south of Cliff Road, west of Slater Road IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 3, 1995 SUBJECT: AGENDA INFORMATION FOR THE MARCH 7, 1995 CITY COUNCIL MEETING POTAciErgi474,1M,Y4A,VISIMS After approval is given to the March 7, 1995 City council agenda, regular meeting minutes for February 21, 1995 City Council meeting and the special City Council minutes for the February 21, 1995 special City Council meeting, the following items are in order for consideration. poirrmaw IIISINISS There are no items to be discussed under Department Head Business at this time. Agenda Information Memo March 7, 1995 City Council Meeting g5Em There are seventeen (17) 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 Old or New Business unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL: Item 1. Resignation/City Planner—The City Administrator has received a letter of resignation from Jim Sturm, City Planner. A copy of the letter is enclosed on page 3 for the Council's information. As is usual in cases of resignation,the Department Head and City Administrator will review the organization of the Department to determine whether it would be most effective to hire another person for this position or whether a reorganization would be recommended. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the letter of resignation from City Planner Jim Sturm. C3` 1476 AUBURN COURT EAGAN,MINNESOTA 55122 JAMES L. STURM (612)456-0366 • March 1, 1995 Mr.Thomas L.Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan,MN 55122 Dear Tom: Please accept my letter of resignation as the City Planner effective March 17, 1995. The past 9 1/2 years with the City of Eagan have broadened both my professional and personal • experiences and I wish to utilize them in another challenging position in the private sector. I value your friendship and as a resident I admire your dedication to the city. Best Wishes, James L.Sturm • • • Agenda Information Memo March 7, 1995 City Council Meeting Item 2. Collective Bargaining Agreement/Maintenance Unit—The Maintenance Bargaining Unit has formally approved the City Council's last offer for the collective bargaining , agreement for 1995, 1996 and 1997. Therefore, it would be appropriate at this time for the _ Council to formally approve the agreement. As the Council is aware, the main provisions in the agreement concern a 3% compensation increase for both 1995 and 1996, a 2.75% increase for 1997, provisions for health insurance which are the same as for other City employees, the inclusion of a new category of employee "skilled seasonal maintenance workers" and,language changes regarding shifts and overtime provisions, as well as some other minor language change provisions. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the bargaining agreement with the Maintenance Unit for 1995, 1996 and 1997. Item 3. Superintendent of Parks--Final interviews have taken place for the filling of this position. Currently,references and backgrounds are being checked. Hopefully,the Director of Parks and Recreation will have recommendation of a person to be hired for this position at the March 7, 1995 City Council meeting. If a decision has not been reached by that time, he is requesting the City Council's approval of a person to be recommended by him. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a person to be recommended as the Superintendent of Parks. Agenda Information Memo March 7, 1995 City Council Meeting PLUMBERS' LICENSES B. Plumbers' Licenses—City Code requires that plumbing contractors operating within the City f Eagan be licensed on at least an annual basis. Enclosed on page \p is the list of contractors whose applications are in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented - - • PLUMBER LICENSES FOR APPROVAL - YEAR 1995 1. MILBERT CO • 2. SUTHERLUND PLBG & HTG INC • • For March 7, 1995 City Council Meeting • • Agenda Information Memo March 7, 1995 City Council Meeting AWARD CONTRACTS/MUNICIPAL CENTER REMODELING PROJECT C. Award Contracts,Municipal Center Remodeling Project—Bids for the Municipal Center Remodeling Project were received on February 15 and staff and the consultants have been reviewing the bids and discussing options to present to the Council relative to this phase of the project. This item will be the principal subject of the work session preceding Tuesday evening's meeting. Additional information with respect to it will be distributed with the special meeting packet. ACTION TO BE CONSIDERED ON THIS ITEM: To award contracts for the Municipal Center Remodeling Project. CHANGE ORDERS/POLICE DEPARTMENT EXPANSION D. Change Orders, Police Department Expansion Project--Enclosed on pages 2 through t CE is a staff memorandum covering eight change orders which are in order for consideration by the Council at this time. The changes represent the net deduction of $6,451.99 from the contract cost. A description of the changes is included in the memorandum. ACTION TO BE CONSIDERED ON THIS ITEM: To approve change orders for the Police Department Expansion Project deducting $6,451.99 in project cost. • - � Y yy '1 1141P1111$ lin to* x j I IG MEMO _-city of eagan • TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: FEBRUARY 21, 1995 SUBJECT: CHANGE ORDERS - POLICE DEPARTMENT BUILDING PROJECT Staff has received five change orders for the Police Department building which are in order for consideration by the City Council. These items have been reviewed by the architect, construction manager and staff. The items have also previously appeared as pending changes in the building project bill list. The change orders attached total a net deduct of $6,451.99. The changes are outlined below: 1. Northland Concrete (Masonry) - Change Order#4/pco #60- Delete patching wall in Administrator's office - ($350) 2. Architectural Sales - Change Order #2/pco #52 - Install molding trim at recessed lighting fixtures - $353 3. Primary Equipment-Change Order#1/pco#58 -Delete wardrobe units- ($5,250) 4. Olson Fire Protection-Change Order#2/pco#62-Delete modifications of system for acoustical ceiling tile - ($1,022.05) 5. Mid-Co Security - Change Order #1/pco #63 - Delete and replace portions of the security system - ($657) - 6. Peterson Electric-Change Order#10/pco#71 -Change phone plate finish, delete wiring for deleted motorized door and other credits - ($676.47) 7. Romark - Change Order #03/pco #59 - Modify dampers and ductwork in secure detention area - $714.53 8. Lund Martin - Change Order #04/pco #66 - Modify fire rating, provide fire code work and reinforce garage door mounts - $436 CHANGE ORDER PCO No. 60 • PROJECT: City of Eagan CHANGE ORDER NUMBER: 04 Police Facility Eagan,Minnesota INITIATION DATE: January 11, 1995 TO CONTRACTOR -. . . : ARCHITECT'S PROJECT NO: 624.A • • Northland Concrete tit Masonry .• • •CONSTRUCTION MANAGER'S PROJECT NO: 9423 • 12026 Rivetwood Drive_ • Burnsville,MN 55337 CONTRACT FOR: Bid Division 02: Masonry and Stone CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s)stated in Bulletin#20A,dated December 5, 1994,and as your proposal dated December 12, 1994. • Delete patching of window in room 241. DELETE ($350.00) o Provide all work associated with the following items)stated in Bulletin No.21,dated December 7, 1994,as per your proposal dated December 12, 1994. • Provide sealed concrete in lieu of carpet in Corridor BOI. ADD $0.00 TfTAT. MI VW' ($ 4n nn) Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 570,000.00 • Net change by previously authorized Change Orders .. $ 10,336.02 The Contract Sum prior to this Change Order $ 580,336.02 The Contract Sum will be decreased by this Change Order $ (350.00) The new Contract Sum including this Change Order will be $ 579,986.02 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. jtecommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects - My� (ATNN�,M �- Minneapolis, MN By: / k V By: W Date: j—/(,—9 S Date: 1114 a5' • Agreed to by Contractor Authorized by Owner Northland Concrete&Masonry City of Eagan • Burnsville,MN Eagan, MN By pi/ii J. it Ail ' By: Date: L Date: By: Date: • •d/ CHANGE ORDER • PCO No.52 PROJECT: City of Eagan CHANGE ORDER NUMBER: 02 Police Facility Fagan,Minnesota INITIATION DATE: December 19, 1994 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A . Architectural Sales of Minnesota CONSTRUCTION MANAGER'S PROJECT NO: 9423 4550 Quebec Avenue North Minneapolis,MN 55428 • CONTRACT FOR: Bid Division 10: Acoustical Ceilings CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s)stated in Bulletin No. 15,dated October 3, 1994,as per your proposal dated December 8, 1994: • Add white molding at detail RA12 in rooms 109, 110, 116, 143,227,228,249,&251. ADD $353.00 TOTAL $353.00 Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 23,274.00 Net change by previously authorized Change Orders 5,498.00 The Contract Sum prior to this Change Order 2 i7V...`=°� 43,271.00- The Contract Sum will be increased by this Change Order 353.00 The new Contract Sum including this Change Order will be 4a'Zg1/ 1 •9' .-28,772:8[} The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager ADDToved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis,MN By: By: Date: /e3.-1�'-9,1 Date: S lQ 4S Agreed to by Contractor Authorized by Owner Architectural Sales of .� � �� .. • City of Eagan pi Minn lis,MN Eagan, MN By: ( . By: Date: l—ZL —R S Date: By: Date: • • /0 • •-•°"-m CHANGE ORDER • PCO No. 58 PROJECT: City of Eagan CHANGE ORDER NUMBER: 01 Police Facility Eagan,Minnesota • INITIATION DATE: January 11, 1995 TO CONTRACTOR ARCHITECTS PROJECT NO: 624.A Primary Equipment CONSTRUCTION MANAGER'S PROJECT NO: 9423 6420 West Lake Street St.Louis Park,MN 55426 CONTRACT FOR: Bid Division 18:Lockers&Benches CONTRACT DATE: Nov 01, 1994 You are directed to make the following changes in this Contract o Provide all work associated with the following item'(s)as per your memo dated December 29, 1994:-•- -• • Deduct 21 EA model 678 semi-concealed wardrobe units DEDUCT ($5,250.00) Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement . herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 39,000.00 Net change by previously authorized Change Orders .. $ 0.00 • The Contract Sum prior to this Change Order $ 39,000.00 The Contract Sum will be decreased by this Change Order $ (5,250.00) The new Contract Sum including this Change Order will be $ 33,750.00 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Annroved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis, ,MN By:L7)1( By: 1Nu 244..' Date: /-/G`9 Date: plt 4.f 4�, Agreed to by Contractor Authorized by Owner Primary Equipment City of Eagan St.Louis Park,MN Eagan,MN By: By: Date: &2S— S` Date: • By: Date: • ( l CHANGE ORDER • PCO No. 62 PROJECT: City of Eagan • CHANGE ORDER NUMBER: 02 Police Facility Eagan,Minnesota INITIATION DATE January 11, 1995 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Olsen Fire Protection CONSTRUCTION MANAGER'S PROJECT NO: 9423 • 321 Wilson Street NE Minneapolis,MN 55418 CONTRACT FOR: Bid Division 24:Fire Protection CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s)stated in Bulletin 7,dated August 19, 1994. • Revise Project Change Order No.20, Change Order No. 01,for Bulletin No. 7 and not to include Bulletin No. 14, the l'xl'ACT. Deduct this amount from contract price: DEDUCT ($1,022.05) • TOTAL DEDUCT 01,022.05) Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original contract Sum was S 41,800.00 Net change by previously authorized Change Orders $ 1,785.89 The Contract Sum prior to this Change Order S 43,585.89 The Contract Sum will be decreased by this Change Order S (1,022.05) The new Contract Sum including this Change Order will be $ 42,563.84 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager • Atoroved by Architect • E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis,MN By: Date: /// 9 S Date: 2114/4; Aimed to by Contractor Authorized.bv Owner Olsen Fire Protection • City of Eagan Minneapolis,MN Eagan, MN Date:�� m Date:Date: /-.26 9 ;/ Data: , By: Date: • .1�. CHANGE ORDER PCO No. 63 PROJECT: City of Eagan CHANGE ORDER NUMBER: 01 Police Facility Fagan,Minnesota INITIATION DATE: January 11, 1995 TO CONTRACI�OR: ARCHITECT'S PROJECT NO: 624.A Mid-Co Security Systems CONSTRUCTION MANAGER'S PROJECT NO: 9423 7667 Cahall Road Minneapolis,MN 55439 CONTRACT FOR: Bid Division 26: Security System • CONTRACT DATE: September 6, 1994 You are directed to make the following changes in this Contract Provide all work associated with the following item(s)stated in Bulletin No. 19&20, dated November 18, 1994,as per your proposal,dated December 14, 1994. • The net effect of work associated with Bulletin No. 19&20: DEDUCT ($657.00) • See attached sheets for description of work. • TOTAL 1(S657.00) Rot valid until signed by the owner,the Architect and the C—onstruction Manager. Signature of the Contractor indicates agreement herewith,including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 88,928.00 Net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order S 88,928.00 The Contract Sum will be decreased by this Change Order $ (657.00) The new Contract Sum including this Change Order will be $ 88,271.00 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. )tecommended by Construction Manager Anuroved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN Minneapolis, MN By: By:mM W Glttdiln,,.✓ • Date: 06196— Date: y1 iv9 5 Agreed to by Contractor Authorized by Owner , Mi. ''ty System City of Eagan ]is,MN, ' Q Eagan, MN B /. %�//.S/. _ ,r• • By • Date: E i ' . Date: • By. . . . • . Date: . • • • I •3 . . . . 4:!›, WrI • I.4-rtt- • CHANGE ORDER PCO No. 71 ,PROJECT: City of Eagan CHANGE ORDER NUMBER: 10 Police Facility • Eagan,Minnesota INITIATION DATE: January 31, 1995 TO CONTRACTOR ARCHITECT'S PROJECT NO: 624.A Petersen Electric Unlimited CONSTRUCTION MANAGER'S PROJECT NO: 9423 12903 Pioneer Trail • Eden Prarie,MN 55347 CONTRACT FOR: Bid Division 25: Electrical Mark No.: 300-250 • CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bulletin No. 27, dated January 18, 1995, and as per your pricing sheet dated January 20, 1995. • Credit on stainless steel phone plates. • DEDUCT (252.72) Provide all work associated with the following item(s)stated in Bulletin No. 28, dated January 18, 1995, and as per your proposal dated January 20, 1995. • No wiring for motor operated overhead coiling door. DEDUCT (120.53) .Calculation error on pricing sheet for PCO# 70, CO#09. DEDUCT (162.00) Credit for check issued by City of Eagan to Dakota County Power. DEDUCT (141.22) L • • TOTAL $(676.47) Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 417,905.00 Net change by previously authorized Change Orders • $ • 1,122.84 The Contract Sum prior to this Change Order $ 419,027.84 The Contract Sum will be increased by this Change Order $ (676.47) The new Contract Sum including this Change Order will be $ 418,351.37 The Contract Time will be unchanged by (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis, MN Minneapolis, MN By: e Date: a/8f9 S Date: Z/22145 • Agreed to by Contractor Authorized by Owner Petersen Electric Unlimited City of Eagan ;den Prarie,MN Eagan, MN ,..By: By:l*C.1;:.5 Date: Date: • Date: CHANGE ORDER PCO No. 59 PROJECT: City of Eagan CHANGE ORDER NUMBER: 03 • Police Facility Eagan, Minnesota • INITIATION DATE: January 11, 1995 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Romark,Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 • 278 Chester Street - St.Paul,MN 55107 CONTRACT FOR: Bid Division 23: HVAC CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s)stated in Bulletin No. 14, dated October 17, 1994, and as per memo dated December 8, 1994. • No Romark work associated with Bulletin#14 ADD $0.00 o Provide all work associated with the following item(s) stated in Bulletin No. 17, SRS 1 &2, dated October 24, 1994, as your proposal dated December 12, 1994: • Include adjustable blade damper with SRS 1 &2(maximum security). ADD $262.98 • • Provide all work associated with the following item(s) stated in Clarification#21,dated October 14, 1994, and your proposal dated December 12, 1994. • Revise HVAC as directed by Clarification#21. ADD $451.55, TOTAL $714.53 Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 559,000.00 Net change by previously authorized Change Orders $ (862.53) The Contract Sum prior to this Change Order $ 558,137.47 The Contract Sum will be increased by this Change Order $ 714.53 The new Contract Sum including this Change Order will be $ 558,852.00 The Contract Tune will be unchanged by (0)Days The,Date of Substantial Completion as of the date of this Change Order therefore is per original contract. . Recommended by Construction Manager • Aunroved by Architect E&V, Incorporated Thorbeck Architects Minneapolis,MN� Minneapolis,MN By: /,/�C Date: 1/)&/95 Date: ViS14.S itreed_to by Contractor Authorized by Owner • • Romark, Inc. City of Eagan St. Paul,MN Eagan, MN By: I B : lI'�t y • Date: 1-30 f5 Date: By: Date: • CHANGE ORDER PCO No. 66 r PROJECT: City of Eagan CHANGE ORDER NUMBER: 04 Police Facility • Eagan, Minnesota INITIATION DATE: January 25, 1995 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A • Lund Martin Construction CONSTRUCTION MANAGER'S PROJECT NO: 9423 3023 Randolph Street NE Minneapolis, MN 55418 CONTRACT FOR: Bid Division 05: Carpenty • Mark No.: 300-050 CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: • o Provide all work associated with the following item(s).stated in Bulletin No.23,dated December 29,1994,as per your proposal dated January 01, 1995: • Provide blocking in walls where required for different wall stops. ADD $81.00 o Provide all work associated with the following item(s)stated in FCA#17,dated December 6, 1994,as per your proposal dated January 18, 1995: • Reinforce garage door mounts. ADD $155.00 o Provide all work associated with the following item(s) stated in Bulletin No. 8, dated August 30, 1994, as per your proposal dated January 18, 1995: • Revised room finish that adds additional door& hardware. ADD $200.00 TOTAL $436.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 130,500.00 Net change by previously authorized Change Orders $ (2,127.00) The Contract Sum prior to this Change Order $ 128,373.00 The Contract Sum will be increased by this Change Order $ 436.00 The new Contract Sum including this Change Order will be $ 128,809.00 The Contract Time will be unchanged by (0) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended_bv Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis, MN Minneapolis, MN By: .71) Date: /- -•9S Date: 2./22./45 Agreed to by Contractor Authorized by Owner • • Lund Martin Construction City of Eagan Minneapolis QMN� Eagan, MN By: 7s:.'t:�� - By: Date: /-34-4 6 Date: • Lo, By: Date: Agenda Information Memo March 7, 1995 City Council Meeting CITY FACILITIES REFUSE/RECYCLING COLLECTION E. Award Contract, Refuse/Recycling Collection of City Facilities—On at least a bi-annual basis, the City requests quotations from refuse and recycling haulers to provide refuse and recycling service to City buildings. This year the low quotation for a two-year contract for refuse and recycling service was received from Knutson Services Incorporated. Additional information with respect to the specifications and quotations received is on file in the City Clerk's office. ACTION TO BE CONSIDERED ON THIS ITEM: To award the contract for refuse and recycling collection for City facilities to Knutson Services as presented. • • • • • 1 � Agenda Information Memo March 7, 1995 City Council Meeting CONTRACT 95-02/LEXINGTON/DIFFLEY ATHLETIC FIELD FENCING F. Contract 95-02,Approve Bid,Lexington/Diffley Athletic Field Fencing--Enclosed on page is a memo from Director of Parks and Recreation Vraa giving background and a *commendation regarding this item. Also enclosed on page is a bid summary on this project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the award of Contract 95-02 to Century Fence Company in the amount of$127,498.93. • sC MEMO fi�c_of eagan DATE: MARCH 3, 1995 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: AWARD BID - LEXINGTON DIFFLEY ATHLETIC FIELD FENCING BACKGROUND Staff had previously prepared plans and specifications for the installation of fencing and related equipment for the Lexington Diffley Athletic Fields and for a backstop installation at Holz Farm Park. Bids were received from five fencing contractors and the bid tabulation from those five contractors are attached. Staffs estimate for the project was $150,000. Two contractors were above this estimate and three were below. The lowest responsible bid was from Century Fence Company in the amount of $127,498.93. Century Fence is an established firm and has been in business for a number of years. Their experienced in fencing for ballfields and would be totally familiar with this type of project. RECOMMENDATION It is staffs recommendation that the Century Fence Company be awarded Contract 95-02 for Lexington Diffley athletic fencing in the amount of $127,498.93. FOR COUNCIL ACTION To approve the award of Contract 95-02 to Century Fence Company in the amount of$127,498.93. KV:cm c3Vex-dill fnc • W y tt 0 C1 cn oN an O O O CC co N M of N N O O O v M ..— In 49. 4 • 4.44. 4A 4A 4 • 4 • 4 • 4A • O 0 O O `r Ov O CO o 0 M O eal u G O O O u1 O .d W co ' a` O '1 N N N an an W V ' • Y 'ea. u4 en - • 4 • H 0 0 0 N VO 00 ° 00 °o °o CO C Z U 0 0 N 0 00 h '.D N CO .- O in in • LS N tp O 0� W CO u1 M O N E.. U CO v M m N N U Z 4A 4A 4A 4A 4A 4A 4i! 4A b9 Q v.I . I ° • U Him N ° 0 0 CO M In C W W U 0 CO O O 0 L0 .a ii W I U Cn O 0 N 0' CO K co cr, an Z try co M co Q H. et N W M N Cg N4 4 • 4 • 4A• 4A 4A 4 • 4A 4A a.1 • CO M '.D en D U CO 0 d M O to Co en `y O O N ZV N O co N c N W Zit :tc n n of ✓ N 0 N N N 4A 4A 4A• 4A 44 4 • 4A 4 • 4A i. CIO y DO d C1 - ea u u 4 '� � I aro Hy w •_ = o aroi a � a=i 0 a F � � E u- U In I— c � u_ U I— e , I ° Q E . I ° ti C ' „°.' Z •tea m U I- t aQ CO . N � O a0 0 d 0 O O _� ~ O O =0 ix V m .� • 3.1 I_' I— I— = 1— F— H u- — -J . . •i. , .-4, • 4 0 9:b :6 Agenda Information Memo March 7, 1995 City Council Meeting APPROVE CIVIC ARENA/DEHUMIDIFICATION G. Approve Civic Arena Proposal Package - Dehumidification—Enclosed on page 2a is a memo from Director of Parks and Recreation Vraa giving background and a recommendation regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To award the dehumidification system to Alta Mechanical Contractors of Prior Lake, Minnesota in the amount of$87,910. al MEMO ity.of eagan DATE: MARCH 3, 1995 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: AWARD OF DEHUMIDIFICATION - CIVIC ARENA BACKGROUND On January 19 proposals were accepted to install dehumidification equipment including controls and duct work for the Civic Arena. On February 8, the review committee, consisting of Director of Parks and Recreation and ACC Consulting Engineers reviewed proposal by the suppliers and installers. Three different units were proposed for dehumidification. Each of the equipment proposed utilized the desiccant system. The tree types, or models proposed, included a Semco, Munters and I.T.T. The three pieces of equipment offered various advantages for the review committee to consider. These advantages included cost of operation, initial price, effectiveness level and heat recovery. During the review process, the review team became concerned about the temperature discharge of these units which would require additional engineering review. These units ranged in price from $87,910, $95,800 and $99,534. REVIEW COMMITTEES RECOMMENDATIONS The review committee recommends that the award be given to Alta Mechanical Contractors of Prior Lake, MN in the amount of$87,910 using the Munters desiccant cool dehumidifier. A strong case could be made for some of the efficiencies associated with the more expensive units; but long term savings in operation may not overcome the initial cost differential between the Munters unit and the other two units. FOR COUNCIL ACTION To award the dehumidification system to Alta Mechanical Contractors of Prior Lake, Minnesota in the amount of $87,910. KV:cm • Agenda Information Memo March 7, 1995 City Council Meeting APPROVE CIVIC ARENA/ICE REFRIGERATION H. Approve Civic Arena Proposal Package - Ice Refrigeration—Enclosed on pages a through c is a memo from Director of Parks and Recreation Vraa giving background on this item. ACTION TO BE CONSIDERED ON THIS ITEM: To award the ice refrigeration package to Premier Ice Rinks. • MEMO __ city of eagan DATE: FEBRUARY 27, 1995 • TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: COUNCIL AWARD REFRIGERATION PACKAGE ISSUE The issue before the City Council is the award of the refrigeration package for the Civic Arena Project. You will recall, as part of the Civic Arena Project, proposals were requested for suppliers for the floor and ice refrigeration system. Proposals were received on January 19 of this year. BACKGROUND Base specifications were prepared for proposers on a refrigerated floor and ice refrigeration packages. The proposal specifications provide enough information that it would allow vendors sufficient latitude in the design of their product, but would still meet the City's needs for the sizing and operation of rinks. It was the intent of the proposal process, rather than a rigid set of equipment specifications, to foster a competitive environment for vendors. The lowest price proposal submitted was by Premier Ice Rinks of Minneapolis in the amount of $324,423. The second proposal was from Rink Tee International in the amount of $326,000. Rink proposers, as requested, provided a value for volunteer labor in which they were to identify both the amount and the area in which the volunteers, in their estimation, could be utilized. On Friday, February 17, Director of Parks and Recreation and the consultant from ACC,Jeff Hensel, met with the two proposers to review their submissions. PREMIER ICE RINKS Premier Ice Rinks is a new division of Premier Electrical Corporation. Premier Electrical Corporation is a major Twin Cities and Rochester electrical contractor with over 16 million dollars In electrical work contracted for this year. They have provided construction services • to Minneapolis/St. Paul Airport, the Mayo Clinic and other major corporations in the Twin Cities areas. In the interview process, Premier indicates that they have met or exceeded all of the elements in the proposal and that they have no problems with any aspects of the specification process. Their proposal is to supply four 50 horsepower units. The refrigeration equipment is to be assembled by Hussmann Corporation, a major player in supplying commercial refrigeration equipment. • • The Project Manager for Premier Ice Rinks will be Kurt Steinhauser. Mr Steinhauser was a former employee of Rink Tec International Corporation as well as Holmsten Refrigeration, formerly a major rink installer in the Upper Midwest. References have been provided relative to Mr. Steinhauser's abilities and his years of experience in the refrigeration business. As an employee of Rink Tec International, Kurt was involved with the Bloomington Ice Gardens, the Rosemount Community Center, Centennial Sports Ice Arena • and the Albert Lea City Arena. • REVIEW AND ANALYSIS Premier Ice Rinks have not, as yet, installed any ice rinks on their own. This is a new division of Premier Electric and Eagan would be the first ice rink facility should the award be given to Premier Ice Rinks. Premier would be, as mentioned previously, working with Hussman Corporation, a commercial refrigeration supplier. Hussman has provided seven units to customers in Canada. No refrigeration packages have been provided in the United States. They have several manufacturing outlets and we are to understand that for Eagan, the unit would be assembled and shipped from Chicago. Hussman is a very reputable firm in the commercial refrigeration industry and have supplied hundreds of refrigeration packages to commercial outlets such as Cub Foods and large grocery store retailers. Staff called Mr. Warren Cook, design engineer for Hussman, and spent one hour on the phone reviewing their design, equipment, manufacturing and quality control process. Staff is satisfied with Hussman's credentials as the supplier. RINK TEC INTERNATIONAL Rink Tec International is based in Roseville, Minnesota. In 1993-94 they completed a number of rink projects in the Upper Midwest including Bloomington, Rochester, and Rosemount, Minnesota; Verona and Madison, Wisconsin, and St.'Louis, Missouri. Also listed were an additional twenty-six projects completed between 1992 and 1989. Rink Tec International is currently installing two rinks in the former Soviet Union and one in Korea. They have been in business since 1979. Darrel Cox will be the Project Manager and he has been involved in the ice rink business for nearly thirty years having formerly been the Vice President of Holmsten Refrigeration and chief designer and installer for Rink Tec International. Rink Tec had no problems with meeting rink specifications nor did they find any issues of concern during their design process. They would supply the same units capable of producing 100 tons of refrigeration. An option would be six 35 horsepower motors/compressors. Their unit is assembled in Roseville, MN, by the same firm that has produced their other units. OTHER VALUABLE INFORMATION In reference to our question regarding their service personnel and their ability to perform contractual maintenance. Premier indicated that they do not, as yet, have anyone on staff to do service work at this time but would have somebody available by year's end. Obviously, they have staff available immediately for any electrical problems. Subsequently, Premier has provided the City with a commitment from Cool Air Mechanical to handle . refrigeration problems as back up to Mr. Steinhauser. Rink Tec indicated that they have staff currently performing service-related work. They provide .service contracts to other arenas and would be willing to do so after the expiration of warranties of this unit. Premier Ice Rinks is a union contractor and, other than the labor deducts for volunteers will be doing all their work with union trades. Rink Tec International is an pen shop, meaning that they employ both union and non-union employees. Consequently, in addition to the volunteers Rink Tec will be employing some non-union staff for installation of the refrigeration equipment and floor. The City's contractor, Lund Martin, is a union contractor. All of the subs on the project will be "union". Even though the city has legal rights to use volunteers and non-union people there is concern for trying to do a construction project by mixing union and non-union labor involving trade work. Both contractors will utilize the same concrete installer. This firm is from St. Paul and has an excellent reputation having poured a number of rink concrete floors.This is a very critical step in ice arenas. PROOF OF COMPETENCY The proposal form stated that "All proposals will be required to furnish evidence satisfactory to the Owner that the proposer has sufficient meals and experience in the type of work called for to assure completion of the contract in a satisfactory manner. The owner shall be the sole judge as to the competency of any proposer. The Owner reserves the right to request such evidence before or after receipt of proposals. This clause does not relieve the Contractor of his obligations under any other part of the contract documents." Because of staff's concern that Premier has yet to install a rink, they have responded positively to staff's request to provide a two year performance bond covering the entire rink floor/refrigeration system. Mr. Douglas Olson, President of Premier Electrical Corporation has stated that they have made a corporate commitment to the ice rinks division and intend to make Eagan the best rink possible because it is their first rink. SUMMARY Premier Electric is a well-established company. This new division of Premier Ice Rinks, have not installed ice rinks in the United States. Their supplier is a very reputable firm but has no experience in assembly operation of this type in the United States. Kurt Steinhauser is well-qualified and has been in the refrigeration business for a number of years working for Rink Tec International. As a result of staff's concerns regarding their proposal, they have offered the services of Cool Air Mechanical as a service arm. In addition, thy have agreed to provide a two year bond for operation and give their assurance for this, their first project! Rink Tec International has been in the business since 1979 and have installed a number of rinks throughout the United States, Canada and in fact, the world. They have a service department currently in place and an experienced project manager. The difference in the bid price is approximately $2,000. FOR COUNCIL REVIEW: If the Council is concerned that, despite the assurance both verbal and written, that Premier ice Rinks lack of experience is a major detriment, than the Council should award the contract to Rink-Tec International Industries. If, on the other hand, it is the Council's opinion that the assurance of Premier Electric are sufficient, then the award should be made to . Premier Ice Rinks. FOR COUNCIL ACTION To award the ice refrigeration package to Premier Ice Rinks. d2:rofriger.kv a� Agenda Information Memo March 7, 1995 City Council Meeting . PURCHASE/ICE RESURFACER I. Approve Purchase of Ice Resurfacer—The Parks and Recreation Director is waiting for additional information on this item. The report and attachments will be forwarded to the Council with the Administrative Agenda on Monday. Agenda Information Memo March 7, 1995, City Council Meeting REVISE PENDING ASSMT ROLL (RED PINE LANE & TH 3 J. Project 673R, Revise Pending Assessment Roll (Red Pine Lane &TH 3 - Streets & Utilities)—Since the above-referenced project was approved at the public hearing held on July 19, 1994 and a preliminary assessment roll was approved, there have been numerous changes in the financing of this project that affects the special assessments that are pending against the numerous properties benefitting from this overall project. Some of these changes are identified as follows: • MnDOT participation in TH 3 reconstruction costs • Discovery that numerous parcels have previously been assessed for trunk area utility improvements • A change in the concept layout of the storm sewer system modifying related assessable costs • Subsequent subdivision/platting of previous unplatted parcels • Favorable bids received for Contract 94-17 for the first phase installation of utilities While normally an approved preliminary assessment roll is not revised prior to the final project costs being tabulated, with the many changes that have occurred, staff felt it would be beneficial to revise the pending assessment roll to clarify individual properties' responsibilities and minimize their financial escrow obligations. Therefore, enclosed on pages 5 through 30 is a copy of the proposed revised pending assessment roll taking into consideration all of these issues. It is being presented to the City Council for their consideration of formally adopting this and authorizing staff to modify all records accordingly. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the revised pending assessment roll for Project 673R (Red Pine Lane & TH 3 - Streets & Utilities). • c t- N 0 —4 r- M Ir) Qs 0 C% Cis M --+ .a '0 M N tT M 0% % o S a 00 00 N • a 0 W 0 ' NV coal e O aO% ON- Mn - `07 M NVIteses ..-. � N EEd m . MaE. • y U • o a o i s '° N a N °` . .a a w 8 '8 a a, • tol a - eft00o �pp� �~p � V �ChNOO� 'g 0.01,O0 V1'1M0�0�� = a ig VL v . g m V1MPV10% M .-yl� r+ � 0% 0000 p4 '00000000% —." 000000 0% t — '000 '. t- !'1 O) M Q'�M .0 *r Vf oG tY N .-s %0 %0 ai en 1 M Ea r C 2 - a •N % 1u M "��p Mme~ h o i g al ,v „, 1 _. E , at�i � _VI grs t W En 0 e i en 0 F U 'S N N ri h N W 5,.. V • En 1Y rN "X ofn c 1 g C 2 % 4.�� '° .NO `° 00 3a Na mt eM • cd O N en• O v9 as O� • . 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QOa « A Nt+ietM1�-+NMef� g 2 •-: O � _O O I Agenda Information Memo March.7, 1995, City Council Meeting " APPROVE LAND/EASEMENTACQUISITION (RED PINE LANE & THE) K. Project 673R, Approve Land/Easement Acquisition (Red Pine Lane & TH 3)—On - December 7, 1994, the Council authorized a revision to the storm sewer design for the above-referenced project resulting in the need to acquire ponding easements for Pond LP- 27. In investigating the value of the easement acquisition from Parcel 022-08 owned by Lyman Development Company, it was determined that the value of the easement as determined by our appraiser was equal to or greater than the price that Lyman was requesting for acquisition of this total land-locked parcel. Enclosed on page _3�—is a map showing the location of the parcel in question in relationship to the pond needed to provide drainage for the referenced project. Subsequently,staff is requesting authorization from the City Council to acquire Parcel 022-08 in the northeast quarter of Section 36 in its entirety. Staff will then define the easements necessary for the ponding area and will actively market the disposal of the surplus property to the adjacent property owner (Finch, Parcel 010-82) if and when they subdivide for development. The transfer of this surplus property can either be through a sale with the cost to help reduce the acquisition cost or can be negotiated in compensation for the taking of public right-of-way for the construction of Red Pine Lane. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the land/easement acquisition of Parcel 022-08 in Section 36 and authorize the Mayor and City Clerk to execute all related documents. . • . •. . . • :;.,� ,l f' T PROF�QS'ED ! 211'1. 1 I ,�, f 1 t--;WATE VIEW• .4.. ' // ADDION„..4.N..,„.., kn84idgN41e o4,1 orst sl*i.'t.**.. 7122-7 \`e ,`\,%” . 1°:• i .. AtF 10,di .9. 010-82 ��.k,''" _ LP-26 021-79 NOHW�92 = �, �N ' FIWL�92 .0 Z ALTERNATE STORM ` SEWER ALIGNMENT ti AT SCHOOL OUTLET �� • 021-27 " �` 3 14 5 010-82 �,`�� ` 1 , PROPOSED 15" � \ ' migaillill .. -] E--•, tn ORMr,SEWER t f•:::•:-:•... *4 � ,'`'•, s 6, B CANE i�V • Lusk---- :04:4e.:. --- .°� 1 I *0.0.;.::::#0.. ...4.4' % �`•�`.-.` G44- _---__ �a S 4 • • L1,...1 U 1 ! 1 1 .1 /: :: 44:'.' 0•::'•.. ,y+!:•. . . ` ` 1 : 1 1 -. _._____ 010-82.. ._ ''- I .� ONH 92 5• `:•. 4 POND GRADED ' -_- OUfc€r- " Ill HwL- xb ,' ►BY SCHOO I • --_ .SKIMMERL` c---, 010 5 *f �5 PROPOSED 11• -r'/1 1.---i)) I it r4 " ."""+ ♦ 1 + 4* .____-___ _ RO-OSED ~ I Fa 7 Ng 011.- .j....�"'STORM SE R. PROPOS�'B !! 115 '-' 41/ �' RM SEWEf�; i • li " P"N E -.-27 POND GRADED BY 1. SCHOOLIDEVELVER tLEMENT RIF I 015-76I PROPOSED" SC_t' OL 1 5" 1 1 1 12" � . gt",.._L_--1__—L. i ( O • 1 I I 1 !OUTLET I I --- I warty. 1 I SKIMMER 1 • PINES `---1---�---�------�-' -� - EDGE = '-I • •. + -1 r-------T---r--T- --% 1 I HILLS 1 1 1 1 11 ; r I DRIVE ie ! I 1 _ ADDITION ; t-------1-, 'PLAT I%%('' 1 1 y 1 Z 1 . 1 II 1 �� •. • 1 / i 1 . I 1 • ii--< 1 li . • •---- • I 0 IEO X10 Ib.M In hit TRUNK STORM SEWER IMPROVEMENTS Boneetroo Rosene • EAGAN, MINNESOTA FIGURE 8 Anderiik d Associates T.H. 3/SCHOOL ROAD CITY PROJECT No. 673—Revised r Agenda Information Memo March 7, 1995, City Council Meeting RECEIVE FEASIBILITY REPORT/AUTHORIZE PLANS & LAND ACQUISITION (DEERWOOD RESERVOIR) L. Project 678, Receive Feasibility Report/Authorize Plans & Land Acquisition (Deerwood Reservoir)--In accordance with the City's Comprehensive Water Supply, Storage &Distribution Plan combined with the recently approved 5-Year CIP('95-'99),the City has prepared a feasibility report for the proposed construction of a 6.0 MG reservoir to be constructed on the knoll just east of 35E and south of Deerwood Drive (Francis Franz' parcel). In addition to this,water reservoir, the project includes the extension and looping of the trunk water main under 35E providing a significant interconnection to our trunk distribution system. Forwarded under separate document ' a copy of this f asibility report for the Council's information. Enclosed on pages 3 through 3 is a site plan showing the location of this reservoir. At this time, staff is requesting the Council to authorize the preparation of detailed plans and specifications and the acquisition of the land and utility easements necessary to accommodate this public improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 678 (Deerwood Reservoir) and authorize the preparation of detailed plans and specifications and the acquisition of land and utility easements. 3 b LY.-' I; b • O 0 T- •U ! 0 c O c o ■ m[CQQ q112 �� 'Nil � , , / - , / ill it �� i1 - 11øqV — -- \ N / \ \N\ -__ — I / '� ... \ \\� -- - —�—� - a /t' �` \1k � // i \ ;,- ter _ � w1 / -- — .-- .z.--- :_–_--------:=:! h CD 16 7 \ ‘lisw. ..\< r 4k),„ . \,.. -.4, .. / \44,. , \ ‘1, 2-N, , / ---, /,.. ----...--_-,- -ji , A„,,,,, . k i ,t( \. . / / - -.. -.-------.,-- - it.--, A\ * \ / l/ // // / "' 1 \ \ / / \ .� ' \ 1 / 4 i z W '� \ 1 1• Iil/ \ 1 1 \\ 8 1-1 Apt `�j, L. ��, ;• I I III 1\ \\ \ �\ E.1 �� -- � o e' !►, , , (n cn 1.t,,;\. \\\ \\%\ .. \ I �►s 1 v 8 0 / ell . _; 12 4 \\ \\\ \ \\\\\\ \ ;.� ;vil �� w 0Q w , • i '4+ \ .— N $\ N:•• \ \\ y ■-a a \\\\ • \\\\\ / • \ \ \ \ \ = Z—..•-..- 044. \%\_.. � \` \\ r . \ \\i, � . � \ \ NNE':...N. :Ns _ \ •�. g:ts4., • • • 3L/ .. • • 6.0 MG GROUND STORAGE TANK Aik _ - 1 , . INTERSTATE HIGHWAY NO. 35E�_1r 1, Lilt it, tIK a! ask g. — _ SITE PROFILE Bonestroo Rosen EAGAN, MINNESOTA FIGURE NO. 6 And rlik a Assoctat ee DEERWOOD WATER TOWER . / 49559R03.DWG FEBRUARY 1995 COMM. 49559 7J Agenda Information Memo March 7, 1995, City Council Meeting • VACATE DRAINAGE & UTILITY EASEMENTS (LOTS 1 & 2, BLOCK 2, PRETTYMAN HEIGHTS) M. Vacate Drainage & Utility Easement,Receive Petition/Order Public Hearing (Lots 1 &2,Block 2, Prettyman Heights)—Recently, the City Council approved a Waiver of Plat to shift the common lot line between Lots 1 & 2, Block 2, Prettyman Heights Addition, in essence reorientating the lots 90 degrees from the original platted configuration. Subsequently, the 10' drainage and utility easement dedicated over the common lot line needs to be vacated to accommodate the proposed new building sites. City staff has received a petition requesting the vacation of these easements and all application materials have been reviewed by staff and found to be in order for favorable Council action of scheduling a public hearing to formally present this petition. Enclosed on page 7 is a graphic and legal description showing the location of the easement to be vacated. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a drainage and utility easement over Lots 1 and 2, Block 2, Prettyman Heights Addition, and schedule a public hearing to be held on April 4, 1995. • r .77 (O • :. r; ^_ ,,� ` • '� `AOQE ENGINEERING torlsnLT no ello IIe1Rf tUM1 : . d 1810 T01rerons u cLEMT $i 7s4o. s. *ewwl. i PROJECT WO. max•°' ;M COMPANY, MC. •`Lw all.l . S1-RS �[ IL 1000 CAST NSS, STRUT, SIMNSVILLC.MIRNt$OTA SOUP VII 4'32-3000 • CERTIFICATE OF SURVEY PROPERTY DESCRIPTION • j PARCEL A ,• Those parts,of Lot 1 and of Lot 2,••Blbck.•2, PRETTYMAN HEIGHTS, Dakota County, Minnesota; according to the recorded plat•thereof, lying easterly of a line drawn from a point on the north line of said Lot 1, distant 85.47 feet westerly of the northeast corner of said Lot 1, to a point on the south line of said Lot 2, distant 86.96 feet westerly of the southeast corner of said Lot 2. • £...E 1"s Co' Containing 13,165 sq. ft. LArlrs s11 014 AM AadoweD PARCEL B Those parts of Lot 1 and of Lot 2, Block 2, PRETTTMAN HEIGHTS, Dakota County, Minnesota, according to the recorded plat thereof, lying westerly of a line drawn from a point on the north line of said Lot 1, distant 85.47 feet westerly of the northeast corner of said Lot I, to a point on the south line of said Lot 2, distant 86.96 feet westerly of the southeast corner of said Lot 2. Containing 16,666 sq. ft. . 4 LOT 11 I LOT 10 -- I • � LOT 12 1"--...1 I I . . / aa�� ii.._____ --..A— — .......".44 LOT 13 / ;/ i/M , ' r`��'�° ' �•.;,; - k„ +y,• , e •Ala w M41N.k*K.I eLy �'wow Ad.fdw Pt•orwu+se ar * I Aft n g A PARCEL A I ems.we I i 1 k1 `: I i ;ki ? ./-..----;,,..l , �,: , ..<_ 3a LOT 3 • � i PAi�CEL e " `�'� 'P. r -�RJ • LOT 14 . I 1$JJM u. - -MT•SI•iTE . i 1 .; 1 2 1 ' .PASEi/ENT TO SE VACATED . • .I �„ � i • w . Q—' 7.2.17--- s"`—° ,To Q 1 4 U.towel,85110: Pia v. AREA$ I 1 I ifl.a• N 88'1r as E nom LOS 1 iT OTT S.F. I IXIST IO LOT t •-••--•-••-- 11.7111 SS. I I PROPOSED PARCEL A — 11.1{1 SS. PROPOSED PARCEL a —11.41 S.F. • IF 1 1 1 ''. , ri IEDESV CERTWY MAT TICS IS A TIn1E AND CO1lECT RE.IIESEMTATION OF A TRACT OF LAID 1::: ] •• AS SHORN AND DESCREED IEIIEON.AS PEPAdED ST 1E 111$Z611DAY OF %**20Aa19 , H 1S, PI/ n ... �sce 1. so_aa RFa.Mo.. /4°25 • 31 . Agenda Information Memo March 7, 1995, City Council Meeting AUTHORIZE FINAL PAYMENT/ACCEPTANCE WILDERNESS RUN 1-4 ADDITION) O. Contract 94-06, Authorize Final Payment/Acceptance (Wilderness Run 1-4 Addition, Street Rehabilitation)--Staff has received a request for final payment from the contractor of the above-referenced public improvement providing for the street rehabilitation of the Wilderness Run 1-4 Additions. All inspections have been performed by representatives of the Public Works Department and the finished product is found to be in conformance with the City approved plans and specifications. It is now appropriate for the Council to authorize final payment and accept the public improvements for perpetual maintenance subject to appropriate warranty conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fifth and final payment for Contract 94-06 (Wilderness Run 1-4 Additions, Street Rehabilitation) in the amount of $21,704.78 to McNamara Contracting and authorize the acceptance for perpetual City maintenance subject to all warranty provisions. • • Agenda Information Memo March 7, 1995 City Council Meeting RESIGNATION/ANIL DEODHAR/ARC ALTERNATE P. Accept Resignation, Anil Deodhar, Airport Relations Commission Alternate—Enclosed on page through is a staff memorandum covering the resignation of Anil Deodhar from the Airpo Relations Commission. Mr. Deodhar was appointed as one of two alternates to the Commission during Organizational Business in January. It would be appropriate to accept Mr. Deodhar's resignation. In addition, it should be noted that the Airport Relations Commission is the only Eagan advisory body with more than one alternate. Commission participation has been sufficient in recent years to reduce the needs for more than one alternate to meet a quorum. As such, staff would recommend that this position not be refilled and that it be eliminated. If the Council wishes to provide other direction than this, the item can be pulled from the Consent Agenda and additional direction be given at Tuesday's meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Anil Deodhar from the Airport Relations Commission and eliminate one alternate position on the Airport Relations Commission. • q;111' '' itrrf MEMO _city of ea an TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: FEBRUARY 21, 1995 SUBJECT: ANIL DEODHAR RESIGNATION FROM ARC Thank you for sharing Mr. Deodhar's letter with me. I had spoken with him about twice last week concerning his reservations about serving on the Commission. At the time, he told me that he was considering resigning from the Commission because of his travel schedule, not because of the nature of the position. When the Commission appointments were made, Mr. Deodhar was appointed to an alternate position, but received notification of a regular position instead. When the error was discovered, Diane called to apologize and clarify the situation. I also spoke with him • at the time and told him that the alternate position is actually very active, because it is rare for everyone to attend every meeting. I explained that the alternates could participate in discussion at any time and could vote when one or more members of the Commission were absent. He was told that he was one of two alternates, not the "second" alternate. I told him that the City looked forward to his participation because of the concerns raised in his neighborhood. I am disappointed that Mr. Deodhar will not be serving on the Commission. I am also disappointed that there was any misunderstanding about his participation as an alternate. If you would like, I could contact him again to clarify the situation. Based on our earlier conversations, though, I believe that he is intent on resigning. As an aside,the Commission has had no problem in recent years drawing a quorum. As such, it may no longer be necessary to have two alternates. It would be an option to a new appointment to simply accept the resignation of Mr. Deodhar and eliminate one of the two alternate positions. • ACTION REQUESTED OF THE COUNCIL: To accept Anil Deodhar's resignation from the Airport Relations Commission and to give staff direction on refilling or eliminating one of the alternate positions on the Commission. FROM: Anil N. Deodhar February 14, 1995 592 Hawthorne Woods Dr Eagan, Mn 55123 • To : Mr. Thomas Egan Mayor City of Eagan Reference: Airport relations committee Dear Sir: I had applied for a position on the airport relations committee. I was notified in a letter by the city of Eagan that my appointment was for 3 years. After a few days it was changed to a one year term and also as a second alternate member. That essentially means that I can effectively participate only when two people (One full time and the first alternate) are absent. The North-East area of the city where Hawthorne woods is located has the largest exposure to jet noise in Eagan and yet almost all full term members are from other sections of the city. Given that the committee is a tax payer financed public body, such a lack of representation is unfair to taxpayers in our area. The amended position prevents me from making a meaningful contribution to what is, very limited, if any, influence on the part of this committee in reducing jet noise over our city. Therefore, I prefer to participate as a concerned citizen rather than take up a meaningless assignment on this committee. • Sincerely, Anil Deodhar - Copy.J.Hohanstein . � I Agenda Information Memo March 7, 1995 City Council Meeting RESOLUTION/CONNIE MORRISON Q. Resolution,Recognition of Former State Rep.Connie Morrison—A reception will be held on Friday, March 10, 1995 to recognition the contributions of former Representative Connie Morrison. Because of the many years of cooperation the City of Ea has enjoyed with Representative Morrision, a resolution, enclosed on pages through , has been prepared to recognize her contributions to be shared at that program. • ACTION TO BE CONSIDERED ON THIS ITEM: To adopt a resolution recognizing the contributions of Connie Morrison upon her retirement from the Minnesota House f Representatives. • 5.'yj I,NII'1I t*1:4' I. w7�1; PwY1 • RESOLUTION ..._city of eagan WHEREAS, Connie Morrison has served the City of Burnsville both as its Mayor and as a State Representative, and WHEREAS, her exceptional commitment, diligence and ability in all of her public capacities have well served the citizens of Bumsville, and WHEREAS, Representative Morrison's work has been of benefit to a much broader constituency than simply her City or her Legislative District, and WHEREAS, Representative Morrison has served with honesty, decency and courage throughout her public career, and WHEREAS, Representative Morrison has recently retired from her position in the Minnesota House of Representatives, and WHEREAS, the City of Eagan has long enjoyed a cooperative and mutually beneficial relationship with Representative Morrison in all of her public capacities, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby recognizes and acknowledges Representative Connie Morrison and her contributions to the public and wishes her well in all she does in the future. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 43 • Motion made by: Seconded by: • Those in favor: Those against: Dated: CERTIFICATION • I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1995. • E.J. VanOverbeke, City Clerk City of Eagan • L‘ Agenda Information Memo March 7, 1995 City Council Meeting PROCLAMATION/CAMP FIRE BIRTHDAY WEEK R Proclamation/Camp Fire Birthday Week--Enclosed on pagt'4(G`(7is a request from The Friendly Shooting Star Camp Fire Club to proclaim the week of March 13-19, 1995 as Camp Fire Birthday Week. REQUESTED ACTION: Approve the proclamation as presented. • • Ruth Graham, Leader The Friendly Shooting Star Camp Fire Club 4156 Countryview Dr. Eagan, MN 55123 The Honorable Tom Egan Mayor, City of Eagan 2820 Pilot Knob Rd. Eagan, MN 55122 Mr.Mayor, In honor of the 85th birthday of Camp Fire'Boys and Girls on March 17, 1995,we would like you to declare the week of March 13-19, 1995 as Camp Fire Birthday Week. Attached is a sample proclamation to this effect. Our club currently serves boys and girls in three Eagan elementary schools,Pinewood, Woodland, and Glacier Hills. We have weekly meetings as well as camping overnights and a week-long summer day camp. We have been learning about games, our families and our community. We have made Valentines for hospitalized vetrans and assembled "I Care" kits for the Red Cross. We will be celebrating Camp Fire's birthday at a sleepover at Camp Sacajawea in the Lebanon Hills Regional Park, and at the Minnesota Zoo. We will be learning about different art mediums, including a National Camp Fire photography competition, outdoor camping, and various dissabilities. We will be doing a service project to make something for groups helping people with dissabilites. Please let us know if you will be acting on this at the City Council meeting because we would like to have group members present at this meeting. Sincerely, Q **- Ruth Graham, Leader The Friendly Shooting Star Camp Fire Club M-131.2. CITY OF EAGAN PROCLAMATION CAMP FIRE BIRTHDAY WEEK WHEREAS, Camp Fire Boys and Girls, the national organization, will celebrate its 85th . birthday on March 17, 1995; and WHEREAS,Camp Fire councils in the State of Minnesota teach boys and girls self-reliance, good citizenship and leadership; and WHEREAS,through contemporary programs and by speaking out on issues affecting youth and their families, Camp Fire Boys and Girls helps youth cope with their changing world; and WHEREAS,in Camp Fire,the choices and opportunities are inclusive to boys and girls;and WHEREAS, Camp Fire Boys and Girls is commended for the valuable programs offered to young people in the State of Minnesota and throughout the nation, and for the many services these young people perform for their communities through Camp Fire; NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby proclaims the week of March 13-19, 1995 to be Camp Fire Birthday Week in the City of Eagan. CITY OF EAGAN CITY COUNCIL • By: Its Mayor • Attest: Its Clerk Motion Made By: Seconded By: • Those in Favor: _ Those Opposed: CERTIFICATION 1, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the city of Eagan, in a regular meeting held on March 7, 1995. El. VanOverbeke, City Clerk Agenda Information Memo March 7, 1995 City Council Meeting pp)BUSINESS APPROVE/WADING POOL A. Approve Wading Pool Proposal—Enclosed on pages ILlthrough 41/i"is a copy of a memo from the Parks and Recreation Department giving background on this item. ACTION TO BE CONSIDERED ON THIS ITEM: If the Council decides to proceed with this project, the project should be awarded to Olympic Pools Inc., based on their January 19, 1995 proposal. 24C1 • MEMO iof eagan DATE: MARCH 3, 1995 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: EAGAN CIVIC CENTER WADING POOL PROPOSAL BACKGROUND In response to the City's request for wading pool proposals, only one firm submitted a proposal. This proposal was received from Olympic Pools, Inc. Their proposal is to provide a 36 x 36 square shaped wading pool, consisting of approximately 1,296 square feet. Full capacity would be 8,400 gallons and go from zero depth to a depth of one foot, six inches. The manufacturer would supply all the necessary equipment including pool, fencing, filtration equipment, pool testing equipment, cleaning and safety equipment. They would also provide all the required signage per the Minnesota State Health Code, operation manuals, first year winterizing and first year opening service. The proposal would also include five water play elements including water curtain, solid jet streams, arch jets, pipe falls and a water umbrella. The total cost for this project would be $100,000. Olympic Pools has also provided several options to consider. These options and their costs are as follows: Provide and install an automatic chemical controller $4,080.00 Provide and install ozone/bromine chemical system 9,424.00 Install a natural gas pool heater 2,100.00 Staff believes the addition of the pool heater should seriously be considered given the temperature ranges experienced in Eagan. It will add to the operational cost of the facility but would certainly add to it's usability. EXCLUSIONS Not included in this estimate were soil corrections if necessary. The City would be responsible for providing all utilities including power, water and handling of waste water. In addition, the City would be responsible for providing any enclosure they feel is appropriate for the filtration equipment. At this time, while staff feels that this equipment can operate in an outdoor setting, it's life expectancy can be extended considerably if it is enclosed within a structure. / 1 • DATE: FEBRUARY 20, 1995 TO: EAGAN CITY COUNCIL FROM: EAGAN ADVISORY PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION RE: WADING POOL Dear Mayor Egan and Members of the Council, We wish to, once again, express our opinions regarding the wading pool which is scheduled to be built in conjunction with the planned Civic Arena. The APRNRC has had a keen interest in developing public aquatic facilities in Eagan. However, we are concerned that the current wading pool proposal could limit the success of Eagan's long range goal of providing a complete pool facility; a facility that appeals to the entire family. • The wading pool issue again came up as a topic of discussion at the February 16, 1995 APRN RC meeting. Our discussion included the following points: • Recent`city center'task force discussions have included the concept of an aquatic facility at that location. Could/should the wading pool be considered as an element in that design? s • The 1995`Park System Plan'highlights the need for public aquatic facilities in Eagan, but one that encourages a broad range of swimming interests. • There does not appear to be enough room at the Civic Arena location for both a full-size pool, a second ice sheet and a wading pool. It is our understanding that, if a large pool were to be constructed there at a later date, the wading pool would be an obstacle and • most likely have to be removed. The community would not understand why we would build a wading pool only to remove it later. • Recollection that the work effort done by Carl Fuerst suggested that a wading pool is not effective unless it is part of a swim complex. In conclusion, the APRNRC strongly supports the development of public aquatic facilities in Eagan, including a wading pool. However, we feel that it is in the best interest of the City at this time to • postpone the construction of a wading pool at this location. We recommend waiting until the option of it being included with the new City Center has been reviewed or as part of a major pool complex. Postponing the wading pool would preserve our options while not ruling out construction of a wading pool at the proposed location at a later date. Thank you for your consideration of this matter. Sincerely, L e Markell, Chair Advisory Parks, Recreation and Natural Resources Commission • d2 wading.kv • 46) RECOMMENDATIONS Despite the fact that there was only one proposal, staff is impressed with the proposal that Olympic Pools has provided. They are a reputable firm and in combination with U.S. Aquatics, will provide the knowledge and experience for designing, installing and operating this facility during its initial phases. They have provided some play features to make the pool more interesting. Staff would recommend that the Council consider providing an additional $5,000 in contingency funding if needed to resolve the issues having to do with providing utility hook-ups and for consideration to provide some type of enclosure for the filtration equipment. -s ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION After discussing the wading pool issue at the Joint Council/Commission meeting the APRNRC continued the discussion at their February 16 APRNRC meeting. Attached is a letter prepared by Chairman Markel) and Member Thompson on behalf of the entire Commission based upon their discussion at the Commission meeting. FOR COUNCIL ACTION The Council should determine if they will proceed with the wading pool project. If it is the intent of the Council to proceed, they should award the wading pool contract to Olympic Pools Inc. based on their proposal dated January 19, 1995. Direction relative to providing utilities and equipment enclosure should also be determined. KV:cm • • S Agenda Information Memo March 7, 1995 City Council Meeting Pl.' %%Vi''`i FINAL REPORT/CENTRAL AREA TASK FORCE A. Final Report, Central Area Task Force-.The Central Area Task Force completed its final meeting on February 13, 1995. The Council has previously received a copy of the final report. Clyde Thurston, who chaired the task force, will be present at the March 7 meeting to provide a brief presentation of the task force findings and recommendations. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final report of the Central Area Task Force and direct its consideration by the Advisory Parks, Recreation & Natural Resources Commission,Advisory Planning Commission and Economic Development Commission in their plans and programs. COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/ PRELIMINARY SUBDIVISION/VARIANCES MAPLEWOOD DEVELOPMENT INCJBLACKHAWK FOREST B. Comprehensive Guide Plan Amendment, Maplewood Development, IncJBlackhawk Forest, Rezoning from R-3 and NB to R-1, Preliminary Subdivision of 59 lots, and Variances to R-1 setbacks, located west of Blackhawk Road, along either side of Robin Lane--Maplewood Development Inc. is requesting approval of a comprehensive guide plan amendment from D-3 and LB to D-1 (single-family),a rezoning from R-3 and NB to R-1 (single- family),variances to R-1 setback requirements and a preliminary subdivision consisting of 59 lots on 38 acres located north of Silver Bell Road, east of Highway 13,west of Blackhawk Road and along either side of Robin Lane. The Advisory Planning Commission conducted a public hearing on this development proposal at its meeting of January 24, 1995. The Advisory Planning Commission recommends approval of the comp guide plan amendment,the rezoning and the preliminary subdivision along with the variances to the R-1 setback requirements. Approval of the preliminary subdivision is recommended subject to the conditions set forth in the minutes of the Planning Commission meeting. If approved, this comprehensive plan amendment would be subject to Metropolitan Council review. City Council action on the rezoning and preliminary subdivision should be postponed until the Metropolitan Council review has been completed. Staff will be submitting the plan to the Metropolitan Council for review following City Council approval and will then reschedule the rezoning and subdivision for Council action when appropriate. The minutes of the Planning Commission meeting l st report on this proposed development are enclosed on pages .S A through }�7 .aff 6 t. Agenda.Information Memo March 7, 1995 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the comprehensive guide plan amendment for Maplewood Development, Inc./Blackhawk Forest from D-3 and LB to D-1 (single-family) for 38 acres of land located north of Silver Bell Road, east of Highway 13 and west of Blackhawk Road and along either side of Robin Lane subject to Metropolitan Council review. • D Page 12 January 24, I993 ADVISORY PLANNING COMMISSION BLACKHAWK FOREST COMPREHENSIVE PLAN AMENDMENT, REZONING AND PRELIMINARY PLAT Chairperson Miller opened the next public hearing of the vening regarding a Comprehensive Guide Plan Amendment form D-III and LB to D-I, Single Family, a Rezoning from R-3 and NB to R-1, Single Family, Variances to R-1 setback requirements, and a Preliminary Subdivision consisting of 59 lots on 38 acres located north of Silver Bell Road, east of Highway 13, west of Blackhawk Road, and along either side of Robin Lane. Project Planner Mike Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's planning report dated January 5, 1995. Mr. Ridley noted the background and history of the proposed use and site of the proposed use, the existing conditions of the subject property, the surrounding uses and compatibility therewith, and the proposed site plan. Mr. Ridley concluded that the proposed subdivision is compatible with the existing development in the area though, the compatibility of the proposal with future d velopment in the area is less certain. Mario Cocchiarella, owner of Maplewood Development, Inc. , the owner of the subject property, stated that due to the t pography of the subject site it is a difficult site to develop. H stated that the applicant has examined various potential us s for the subject property from residential to limited business. He stated that single-family use is best because of the tree and wetland preservation policies. Mr. Cocchiarella explained that the single-family use of the property is the only use which allows full compliance with the City's tree and wetland policies. Mr. Cocchiarella, stated that the applicant has three issues to address with the APC: (1) a conservation easement is requested for the backyards of the six lots at Blackhawk in order to preserve trees for those six lots and to use as a backdrop for the other lots in the proposed preliminary subdivision; (2) th applicant requests that all tree removal be completed during one stage of the development in order to avoid potential oak wilt inf station and to allow the applicant to hire its own professional tree removal services as opposed to allowing each hom builder to remove the trees; and (3) the applicant requests a 10-foot front setback variance for all lots in order to save th maximum amount of trees, noting that the lots along Robin Lan will have a 30-foot front setback. Robert Brown of 4595 Blackhawk stated he supports a single- family development, but he has concerns about the proposed Red Fox Road cul-de-sac along his rear property line. Mr. Brown further inquir d as to the p t ntial advers 5kffects of the storm drainag from the prop s d d velopm nt on his property; the .5- l Page 13 - January 24, 1995 ADVISORY PLANNING COMMISSION ✓ taining wall along his property on Red Fox Road; and whether the City intends to provide trails along Robin Lane. A representative of Centex Homes was present and stated that Centex Homes owns the property to the west of the subject property. Be stated that Centex Homes' is currently zoned for townhome use and Centex intends to build townhomes on its pr perty. He stated that he believes that the proposed dev lopment and Centex Homes intended development will be compatible uses, but he wanted to be on record that when Centex Homes presents its proposal to the City, it does not want to hav t provide special requirements to accommodate the proposed single-family development. The representative further noted that Centex Homes may need waivers with respect to the wetland ✓ gulations in order to provide access to its parcel from a 1 cation other than via the subject property. Assistant City Engineer Foertsch responded to Robert Brown's questions. Mr. Foertsch stated that Brown's property will ✓ ceive water service from Blackhawk and sanitary sewer services from Red Fox Road. Mr. Foertsch further advised that Red Fox Road will require a retaining wall behind Brown's property but that th retaining wall will not be within the City right-of-way. Th applicant added that Red Fox Road is not directly adjacent to Brown's property and explained that there is a proposed 30-foot right-of-way between Red Fox Road and Brown's property. The applicant further stated that the proposed location of Red Fox Road is the most practical considering the steep contours of the 1 is and the presence of the wetland. Member Heyl inquired with staff as to how the circumstances are different now than in 1990 when the Area K Study was completed which concluded that the area is properly guided and zon d for multi-family development. Mr. Ridley stated that th re ar no significant changes since 1990 to the area as a whol although there are some changes in the industrial area. Mr. Ridley stated that the proposal is the driving force behind th pr posed comprehensive guide amendment and rezoning. The applicant, however, stated that since 1990 the City adopted th tre preservation policy and the wetland regulations which is a major change. The applicant explained that no use other than single-family complies with the tree preservation policy and th wetland regulations. In response to Member Heyl's inquiry, Project Plann r Ridley stated that the City had recently granted two blanket variances for five feet on other subdivisions. Mr. Ridley advis d that it would be more appropriate for the applicant to specify th se lots for which the 10-foot variance is required. Mr. Ridley explained that the applicant believes the 10-foot variance along Blackhawk is n c ssary becaus th topography falls off to th back f the lot and a variance is needed to avoid that slop . 5� . Page 14 January 24, 1995 • ADVISORY PLANNING COMMISSION Member Miller suggested that the City staff and applicant work t g then to specify the lots for which the variance is requested to be presented to the City Council. In response to Memb r Wallace's inquiry, The applicant advised that he has not submitted its wetland replacement plan as required by Rich Brasch, but that Mr. Brasch had extended the deadline date t January 30, 1995. • Member Isberg suggested that Condition No. 18 be revised to replace the word "avoid" with the word "prohibit." Mr. Ridl y further suggested that an additional condition be added which ✓ quires the applicant to •prepare the conservation easement f r ✓ view and approval by the City Attorney and record the easement with the plat at the Dakota County Recorder's office. Member Heyl further suggested that Condition Nos. 18-23 be revised to read as complete sentences. Heyl moved. Isberg seconded, a motion to recommend approval f the Comprehensive Guide Plan Amendment form D-III and LB to D-I, Single Family, Variances to R-1 setback requirements, and a Pr liminary Subdivision consisting of 59 lots on 38 acres located north of Silver Bell Road, east of Highway 13, west of Blackhawk Road, and along either side of Robin Lane. All approved in favor. Heyl moved, Isberg seconded, a motion to recommend approval of a Rezoning from R-3 and NB .to R-1, Single Family, Variances to R-1 setback requirements, and a Preliminary Subdivision consisting of 59 lots on 38 acres located north of Silver Bell Road, east of Highway 13, west of Blackhawk Road, and along ither side of Robin Lane. All approved in favor. Heyl moved, Isberg seconded, a motion to recommend approval f a and a Preliminary Subdivision consisting of 59 lots on 38 acres located north of Silver Bell Road, east of Highway 13, west of Blackhawk Road, and along either side of Robin Lane, subject t the following conditions: Standard Conditions 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993,shall be complied with: Al,81,82,84,Cl,C2,C3,C4,Dl,El,Fl,G1,and H1. Page 15 January 24,1995 ADVISORY PLANNING COMMISSION Subdivision 2. A variance of ten feet to the front yard setback for all lots. 3. Five foot lot width variance for Lots 2, 3, 5, and 6,Block 1,Lot 18,Block 2, and Lots 13 and 14,Block 3. 4. A variance to allow a 9%maximum street grade for Brown Bear Trail. 5. Variances to allow two cul-desac streets exceeding the maximum length of 500 feet. • 6. All corner lots shall take access from the cul-de-sac street. 7. The developer shall provide detailed retaining wall plans and specifications. 8. The proposed retaining wall cannot be located within any dedicated public right-of- way. Tree Preservation 9. The developer shall install fencing at the critical root zone (a distance of one foot away from the tree trunk for every inch in diameter as measured 54" above grade) around all trees depicted on the Tree Preservation Plan to be saved. 10. The developer shall contact the City so an inspection can be performed of the preventive measures installed prior to any site grading,trenching,filling,compaction,or change in soil chemistry taking place. 11. The developer shall provide 176 category A and B trees for tree preservation mitigation. Water Quality/Wetlands • 12. The developer shall provide a 30 foot natural,ungraded buffer strip along the edge • of Pond AP-27,and a 15 foot ungraded,natural buffer from the edge of wetland basins 5 and 6. 13. The wetland mitigation area adjacent to Wetland Basin 3 shall be dropped because it does not appear to meet Wetland Conservation Act criteria for the use of storm water detention basins as wetland replacement. If needed,this mitigation area shall be located adjacent to other basins in the plat that do not receive direct stormwater discharge. �J Page 16 January 24,1995 ADVISORY PLANNING COMMISSION 14. Because they will be expanded to satisfy wetland replacement requirements, wetland basins 2,5,and 6 shall not receive any direct discharge from the storm sewer system. 15. The wetland replacement plan submitted with the plat application is incomplete. A correct and complete replacement plan must be received by staff no later than Wednesday January 25, 1995 in order to allow sufficient time for public review of the application prior to a City Council decision regarding approval of the plat on February 21, 1995. 16. There.are several areas adjacent to wetland basins 2, 3, 5, and 10 where grading contours are shown up to the wetland boundary. These are areas where unintended wetland filling could occur in violation of the WCA. The developer shall address specifically how unintended filling of wetland areas due to erosion will be prevented in these locations. 17. The Developer shall provide a 30 foot ungraded,natural buffer shall be maintained $om the edge of the NWL of Pond AP-27,and a 15 foot ungraded,natural buffer from the edge of wetland basins 5 and 6. 18. The developer is prohibited from Discharging raw stormwater into Pond AP 27. 19. The Developer shall rout the discharge from Pond AP-27 directly to the storm trunk in Robin Lane instead of to the proposed stormwater basin in wetland basin 3. 20. After development of the site is completed, the Developer shall eliminate the pre- treatment basin adjacent to the wetland basin 3 stormwater treatment pond. 21. The Developer shall increase the wet pond volume of the stormwater treatment basin associated with wetland basin 3 by excavation as per water resources staff direction. 22. The Developer shall rout raw runoff from Deer Pond Circle and the northeastern segment of Brown Bear Trail to the proposed stormwater basin north of wetland basin 5. 23. The Developer shall eliminate the proposed pre-treatment basin for stormwater runoff from the southerly segment of Brown Bear Trail that is located adjacent to Pond AP-38 shall be eliminated. 24. The Developer shall prepare a Conservation Easement dedicated to the City over Lots 1-6,Block 2, (from 200 feet west of Blackhawk Road, back to Pond AP-27)for review and approval by the City Attorney and shall be recorded with the plat at the Dakota County Recorder's Office. All approved in favor. Community Development Director Peggy A. Reichert noted that the Compreh nsiv Guide Plan am ndment needs t b submitt d to Page 17 January 24, 1995 ADVISORY PLANNING COMMISSION and approved by the Metropolitan Council which may interfere with the 120-day period during which the City must act on the applicant's application. The applicant agreed to waive the 120- day period. (19 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 5, 1995 CASE #: 17-PP-41-12-94 APPLICANT: Maplewood Development, Inc. HEARING DATE: January 24, 1995 PROPERTY OWNER: Hillcrest Development PREPARED BY: Mike Ridley REQUEST: Comprehensive Plan Amendment, Rezoning, Preliminary Subdivision, Variances (Blackhawk Forest) LOCATION: South 1/2 of Section 17 COMPREHENSIVE PLAN: D-M, Mixed Residential (6-12 u/ac), Limited Business ZONING: Townhouse (R-3), Neighborhood Business (NB) SUMMARY OF REOUEST Maplewood Development, Inc. is requesting approval of a Comprehensive Guide Plan Amendment from D-III and LB to D-I, Single Family, a Rezoning from R-3 and NB to R-1, Single Family, Variances to R-1 setback requirements, and a Preliminary Subdivision consisting of 59 lots on 38 acres located north of Silver Bell Road,east of Highway 13,west of Blackhawk Road, and along either side of Robin Lane. AUTHORITY FOR REVIEW City Code Chapter 13,Section 13.20,Subd. 6.states:In the case of subdivision,the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including,but not limited to,topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. s7 Planning Report -Blackhawk Forest January 24, 1995 Page 2 E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled"City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY The 38 acre site is undeveloped and except for the portion just north of Silver Bell Road (Outlot A,Townview First Addition,platted in 1971),the remainder of the site is unplatted. The subject site was reviewed as part of the 98 acre "Area K" in the City's Multi-Family Residential Land Use Study. Area K had a mix of zonings (Ag, 11-3, and R-4) and Guide Plan designations (D III and D-IV) in place at the time of the review(1989-1990). In 1990, the City Council approved a rezoning to R-3 and a Guide Plan amendment to D-III for the entire 98 acre study area. sf PlanTling Report-Blackhawk Forest January 24, 1995 Page 3 EXISTING CONDITIONS There are no existing structures on site. This site is characterized by severe grade changes of up to 100', approximately 90% woodland coverage including over 830 significant trees, and several wetlands covering 6.84 acres. SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North-Blue Cross/Blue Shield - Hwy 13; zoned PD; guided Limited Business South -Blackhawk Acres Townhomes; zoned R-3; designated D-III East - Single family; zoned R-1; designated D-I and D-III West - Undeveloped; zoned R-3; designated D-III EVALUATION OF REQUEST A. Comprehensive Plan Amendment The proposed amendment will shift an existing D-III/D-I boundary on the Land Use Guide Plan several hundred feet to the west. The requested amendment should not have a negative impact on the remaining D-III land in the area. B. Rezoning The proposed rezoning provides a westerly extension of the existing single family zoning and land use. This rezoning will create a new legal boundary between the subject site and the R-3 zoned property to the west but there are also physical boundaries. The majority of the site is separated from the neighboring property by Robin Lane and the remainder of the site is physically separated due to grade changes that prevent any logical connection. C. Preliminary Subdivision The proposed 38 acre subdivision is split by Robin Lane;35 lots on 23.4 acres on the north side and 25 lots on 143 acres to the south of Robin Lane. Compatibility with Surrounding Area - The proposed subdivision will be compatible with existing single family development to the east and should be compatible with the established townhouse development to the south. The compatibility of the proposed development with the future development of the R-3 property to the west is less certain and will largely depend on the site design of any future development. 57 Planning Report-Blacichawk Forest January 24, 1995 Page 4 Density-As proposed, the gross density of the entire subdivision is 1.55 units/acre. The net density of the site (excluding 90%of wetland area and R-O-W) is 2.1 units/acre,which is also within the designated Guide Plan density of 0-3 units/acre. 1 -All lots meet or exceed minimum lot size requirements of the R-1 zoning district. The 59 lots vary in size from 12,000 -55,450 SF,with an average lot size of 25,126 SF. The applicant is proposing seven lots with an 80'minimum lot width which requires a 5'variance to the required 85' minimum lot width at the building setback line. According to the . applicant,this variance to the lot width requirement will allow for some minor clustering of lots and preservation of more area in its present state. Setbacks - The applicant is requesting a blanket ten foot front building setback variance from 30' to 20'. According to the applicant, the hardship for this variance request is that due to driveways and utilities,tree preservation is difficult in front yards;however,reducing the front setback to 20' will provide maximum tree preservation in the backyards. Grading/Wetlands -With revisions, the Grading Plan submitted is acceptable. Nine of 59 proposed lots will be custom graded. The developer has attempted to minimize disruption to the site as much as possible, which includes significant areas of the site that will not be disturbed with site preparation work and the construction of a 6 to 10 foot high retaining wall along the northerly edge of Red Fox Road. The Grading Plan should be revised to include detailed plans and specifications for the retaining wall construction. As proposed, the retaining wall is shown to be located in the public right-of-way of Red Fox Road. The City does not allow structures in public rights-of- way because of increased liability and maintenance obligations. There are several wetlands on site and the developer is proposing to fill certain areas and expand other areas. These wetlands include Pond AP-27, which is classified as a wildlife habitat. The grading plan should be revised to provide a 3-foot freeboard from the lowest entry level of the houses abutting the ponds. Erosion could be a serious problem on this site because of the steep slopes. This developer will need to provide temporary sedimentation basins to collect and trap sediments before the overland water discharges into the existing wetlands. The temporary sedimentation basins would.be removed after the vegetation is established on this site. Also, diversion dikes should be added to keep the off-site areas from draining across the disturbed areas of this site. 0 Planning Report - Blackhawk Forest January 24, 1995 Page 5 There are 8 wetland basins on the site with a total area of 6.84 acres. Staff have reviewed the wetland delineations completed by the developer's consultant and are in agreement with them. The site plan dated 12/29/94 calls for filling 8,515 square feet of wetland, or about 2.8% of the wetland area within the plat. The Advisory Park, Recreation and Natural Resource Commission (APRNRC) recommends the following wetland-related issues associated with the site plan be resolved before the wetlands plan is acceptable. 1. The wetland mitigation area adjacent to Wetland Basin 3 should be dropped because it does not appear to meet Wetland Conservation Act•criteria for the use of stormwater detention basins as wetland replacement. If needed,this mitigation area should be located adjacent to other basins in the plat that do not receive direct stormwater discharge. 2. Because they will be expanded to satisfy wetland replacement requirements,wetland basins 2, 5, and 6 should not receive any direct discharge from the storm sewer system. 3. The wetland replacement plan submitted with the plat application is incomplete. A correct and complete replacement plan must be received by staff no later than Wednesday January 25, 1995 in order to allow sufficient time for public review of the application prior to a City Council decision regarding approval of the plat on February 21, 1995. 4. There are several areas adjacent to wetland basins 2, 3, 5, and 10 where grading contours are shown up to the wetland boundary. These are areas where unintended wetland filling could occur in violation of the WCA. The developer should address specifically how unintended filling of wetland areas due to erosion will be prevented in these locations. 5. A 30 foot ungraded, natural buffer should be maintained from the edge of the NWL for Pond AP-27, and a 15 foot ungraded, natural buffer from the edge of wetland basins 5 and 6. Storm Drainage/Water Quality-With modifications,the Storm Drainage Plan is acceptable. This area drains to an existing storm sewer line in Robin Lane which serves as the outlet for Blackhawk Lake and ultimately discharges directly into the Minnesota River Valley. There is also an existing storm sewer line that discharges into this site that drains Blackhawk Road and the Ridge View Acres development. The developer should be responsible for extending this line through the site to the storm water basin(wetland 3)that will be located in the backyards of Lots 22 and 23 of Block 2. A 5-acre portion of the site south of Robin Lane drains to Pond AP-38 (wetland 10),which (62. Planning Report - Blackhawk Forest January 24, 1995 Page 6 is a classified as a nutrient basin in the City's Water Quality Management Plan. There is an existing outlet for this pond that eventually drains to the storm sewer system that discharges directly into the Minnesota River Valley. All or portions of two water bodies identified in the City's water quality management plan lie within the proposed plat. The first is Pond AP-27, located east of Robin Lane and classified for wildlife habitat. The second is Pond AP-38, located west of Robin Lane and classified as a nutrient trap. There are no downstream recreational water bodies. The APRNRC recommends that the developer make the following changes to the site plan to meet water quality mitigation requirements: 1. Avoid discharging raw stormwater into Pond AP-27. 2. Rout the discharge from Pond AP-27 directly to the storm trunk in Robin Lane instead of to the proposed stormwater basin in wetland basin 3. 3. After development of the site is completed, eliminate the pre-treatment basin adjacent to the wetland basin 3 stormwater treatment pond. 4. Increase the wet pond volume of the stormwater treatment basin associated with wetland basin 3 by excavation as per water resources staff direction. 5. Route raw runoff from Deer Pond Circle and the eastern segment of Brown Bear Trail to the proposed stormwater basin north of wetland basin 5. 6. The proposed pre-treatment basin for stormwater runoff that is located adjacent to Pond AP-38 should be eliminated, since it is very small and poorly located. The storm water runoff from the southerly segment of Brown Bear Trail should drain directly to Pond AP-38, which is a designated nutrient trap. Although the developer has expressed a willingness to work with staff to make these changes, a revised site plan incorporating these changes has not been submitted. The amount of the water quality cash dedication, if there is one, will depend on the final configuration of the storm drainage system and ponding areas. Utilities-With minor modifications,the Utility Plan submitted is acceptable. Sanitary sewer and water is available to serve this site from Robin Lane and Blackhawk Road. The developer is proposing to abandon an existing sanitary sewer line that crosses through the backyard areas of Block 2 and relocate it to Red Fox Road. Lots 1-5 of Block 2 were provided sewer and water services with the 1994 upgrade of Blackhawk Road; however,no service was installed for Lot 6. Providing services to this lot Planning Report- Blackhawk Forest January 24, 1995 Page 7 will require the removal and replacement of a portion of the new Blackhawk Road surface. Access/Street Design-As proposed,six lots have direct access to Blackhawk Road and nine lots have direct access to Robin Lane. The remaining 44-lots will take access from one of three proposed cul-de-sac streets. Two of the cul-de-sac streets,Red Fox Road and Brown Bear Trail,require variances to the maximum allowed cul-de-sac length of 500'. The cul-de- sac lengths requested are approximately 800' and 1,100' respectively. In both cases, there is no feasible alternate access available. Additionally, the applicant is requesting a variance to increase the maximum street grade from 8 to 9% for the proposed cul-de-sac south of Robin Lane (Brown Bear Trail). According to the applicant, this slight variance is necessary to allow the proposed street to climb the hill without excessive excavation. Fasements/Right-Of-Way - The developer is requesting the City to vacate the easement over the existing sanitary sewer line that will be relocated to Red Fox Road. The developer should submit a petition to vacate this easement prior to final plat approval. The plat should be revised to include dedicated drainage and utility easements over the ponds and wetlands large enough to encompass an area 3 feet above the high water level. Trek Preservation Policy - The Tree Preservation Plan submitted is acceptable. The site contains 834 significant trees as defined by the Policy. The developer has worked with staff to reduce the initial tree loss from 41.5 to 28.3 percent. The Policy allows initial site preparation (streets and utilities) tree removal of 25% and an additional 20% removal for home pad preparation; however, the developer is proposing a total removal of 28.3% for both phases (not including the 9 custom graded lots). Although the mitigation required for the 28.3% is 72 category B trees, the developer is proposing replacement with 176 category A and B trees or 2.5 times what is required. Also, the developer has proposed the creation of a Conservation Easement to cover Lots 1-6, Block 2, from approximately 200 feet off of Blackhawk Road, all the way back to the pond. The APRNRC recommends both the proposed mitigation and the Conservation Easement. Park Dedication -This site is located in Park Service Area 16. Skyhill park is the nearest park. Park land needs are met in this area and therefore, the APRNRC is recommending a cash park and trail dedication. Planning Report -Blackhawk Forest January 24, 1995 Page 8 SUMMARY/CONCLUSION The proposed subdivision should be compatible with the existing and future development in the area. The developer has worked with staff to protect the natural resources of the site and the variances requested are intended to serve the same purpose. City services are available to serve the site. ACTION TO BE CONSIDERED Comprehensive Plan Amendment To recommend approval/denial of a Comprehensive Guide Plan amendment from D-III and LB to D-L Rezoning To recommend approval/denial of a Rezoning from R-3 and NB to R-1. Preliminary Subdivision and Variances To recommend approval/denial of the 59 lot Blackhawk Forest Preliminary Subdivision, subject to the conditions listed below. Standard Conditions 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, B4, Cl, C2, C3, 01, D1, El, Fl, G1, and Hl. Subdivision 2. A variance of ten feet to the front yard setback for all lots. 3. Five foot lot width variance for Lots 2,3,5,and 6,Block 1,Lot 18,Block 2,and Lots 13 and 14, Block 3. • 4. A variance to allow a 9%maximum street grade for Brown Bear Trail. 5. Variances to allow two cul-de-sac streets exceeding the maximum length of 500 feet. (47 V Planning Report -Blackhawk Forest January 24, 1995 Page 9 6. All corner lots shall take access from the cul-de-sac street. 7. The developer shall provide detailed retaining wall plans and specifications. 8. The proposed retaining wall cannot be located within any dedicated public right-of- way. Tree Preservation 9. The developer shall install fencing at the critical root zone (a distance of one foot away from the tree trunk for every inch in diameter as measured 54" above grade) around all trees depicted on the Tree Preservation Plan to be saved. 10. The developer shall contact the City so an inspection can be performed of the preventive measures installed prior to any site grading,trenching,filling,compaction, or change in soil chemistry taking place. 11. The developer shall provide 176 category A and B trees for tree preservation mitigation. Water Ouality/Wetlands 12. The developer shall provide a 30 foot natural, ungraded buffer strip along the edge of Pond AP-27, and a 15 foot ungraded, natural buffer from the edge of wetland basins 5 and 6. 13. The wetland mitigation area adjacent to Wetland Basin 3 should be dropped because it does not appear to meet Wetland Conservation Act criteria for the use of stormwater detention basins as wetland replacement. If needed,this mitigation area shall be located adjacent to other basins in the plat that do not receive direct stormwater discharge. 14. Because they will be expanded to satisfy wetland replacement requirements,wetland basins 2, 5, and 6 shall not receive any direct discharge from the storm sewer*tin 15. The wetland replacement plan submitted with the plat application is incomplete. A correct and complete replacement plan must be received by staff no later than Wednesday January 25, 1995 in order to allow sufficient time for public review of the application prior to a City Council decision regarding approval of the plat on February 21, 1995. Q) -- T Planning Report - Blackhawk Forest January 24, 1995 Page 10 16. There are several areas adjacent to wetland basins 2, 3, 5, and 10 where grading contours are shown up to the wetland boundary. These are areas where unintended wetland filling could occur in violation of the WCA. The developer shall address specifically how unintended filling of wetland areas due to erosion will be prevented in these locations. 17. The Developer shall provide a 30 foot ungraded-natural buffer shall be maintained from the edge of the NWL of.Pond AP-27. and a 15 foot ungraded. natural buffer from the edge of wetland basins 5 and 6, 18. Discharging raw stormwater into Pond A.1327 is prohibited. 19. The Developer shall rout the discharge from Pond AP-27 directly to the stom trunk in Robin Lane instead of to the proposed stormwater basin in wetland basin. 20. After development of the site is completed. the Developer shall eliminate the pre- treatment basin adjacent to the wetland basin 3 stormwater treatment pond. 21. The Developer shall increase the wet pond volume of the stormwater treatment basin associated with wetland basin 3 by excavation as per water resources staff direction. 22. The Developer shall rout raw runoff from_Deer Pond Circle and the northeastern segment of Brown Bear Trail to the proposed stormwater basin north of wetland basin 5. 23. The Developer shall eliminate the proposed pre-treatment basin for stormwater runoff from the southerly segment of Brown Bear Trail that is located adjacent to Pond AP-38 shall be eliminated. 44. The Developer shall create a Conservation Easement over Lots 1-&Block 2.(from 200 feet west of Blackhawk Road. back to Pond AP-27) and dedicate it to the City. CO (to • STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept Its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. easements and Rights•ef.Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot Ines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, pending, and utility easements in addition to public street rights-of-way as required by the alignment, depth,and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate 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 plus three (3) feet as necessitated by storm water storage volume requirements. C. plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering eeri standards, guidelines and policies prior to application for final • 2. A detailed grading, drainage, erosion, end sediment control plan must be prepared in accordance with current City standards prior to final plat approval. . 8. This development shall ensure that all dead-end public streets shall have a cut-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be Included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements .1. if any 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 required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall-fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, pending, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15. 1087 Revised: _ July 10. 1090 Revised: __February 2. 1053 (.0 g . LTS#5 • STANDARD.CAN FINANCIAL OBLIGATION-Blackhawk Forest There are pay-off balances of special assessments totaling $2,025 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are pending assessments totaling $73,387 on the parcels proposed for platting. The estimated financial obligation presented is subject to change based upon areas,dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. . Improvement Use Rate Quantity Amount Lateral Benefit Sanitary Sewer S.F. $19.20/ff 977 ff $18,758 Lateral Benefit Water S.F. $19.50/if 1,252 ff 24.414 Total $43.172 J. II IN Cal 14 ( 4.4 NE NW��g' i 4 V[. C!aI f`��w ��' ftaLnr�C 'ME - -- . . ,, Vv Ap [;' w. , 9 ........1:51_, ..1 � • maw/ � : ' W iir ' ' o v � 'AAtt o l ij • (y b r ii is r ; ICIrfR/ � NE e , \WW% a�+ NI iitr ♦ NI i. !KY FMLL / YAWx• . // y ` PARK I11teiTr ® I .or 4` 44, .4; *"*.' -EX.- - . .- • i ll\VV'7JJJ v L L- _ VOA •C" i 11• Yi• i. .. NMI [[ % / IILV[N I[LL U r. rc : • -�J r i _ :LP..i'� ' F' ".. �7''I44r►u I i I rid • ..7_� �` _ 4 l a �yL HE` I ,i s--. k - - • `� 0 ,U °',� - 1 4• ithIN IV ifiiliiiiilt .t.-1.17rn.cc g '4'.- -, 7LtIl: iiiiaiiiiiii bv____Vitivrn 4.,.. . , 0 T� G PM f - 1 • ,..,.. _ LM. 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P. : 1111111111„ 1 .L 1- . -: • ‘ , ,oprise. \ I. • . . . • , ii i ir li • ,.. .. ,. 4 .,,,--- %.% ., j, til itt /`-- ‘!\‘,\ • j' --.,' : _ .,: .1 I \ 1 I I ,. ...‘ • \ • , 7 _ ., ., ..... .. , . ./. 4.4 . „ .............,,....... , • , .. ,....... , . . .. ,,. . . ,.., . . , .. . ,.., • ,., / ..... Fifa/401AL 0BuGATION AmtiliiAburgi 411i! • LEGEND ' •. ta Lateral Benefit Sanitary Sewer • ,. 4***dateral Bonet Water W . . • ,.•• \i, . .. pt, 4 . . • 4.14 jorrik$ Pii:i OA . . . \*. • IV \ .> - . z 00 ,..,, ....," F7 . . . . - r - Agenda Information Memo March 7, 1995 City Council Meeting REZONING/PRELIMINARY SUBDIVISION RIDGECLIFF WOODS/JAMES M. WATERS C. Rezoning,Ridgecliff Woods/James M.Waters,from Agricultural to R-1 and Preliminary Subdivision of 3 acres,south of Cliff Road and east of Lenore Lane—James M. Waters,LGA Investment Group Inc., is requesting approval of a rezoning of 3 acres from Ag to R-1 and a preliminary subdivision consisting of 8 lots on 4.3 acres located on the south side of Cliff Road, just east of Lenore Lane. This subdivision would involve an extension of Nokia Way. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of January 24, 1995. Minutes of the Planning Commission meeting and the staff report on this matter are enclosed on pages gl through / ( a . The Planning Commission unanimously recommends approval of the rezoning of the 3 acres from Agricultural to R-1. The Planning Commission does not recommend approval of the preliminary subdivision. As noted in the minutes, the Commission sites 5 primary reasons for recommending denial of the subdivision. The major issue to the neighborhood related to this pronsed subdivision is the extension of Nokia Way as the through street. Enclosed on pag6[4s'a petition from the residents stating their support for the creati of a cul-de-sac. A response from the staff to this petition is • enclosed on page ( — In addition, the applicant has submitted an extensive list of further requests for various modifications to City policies or standards as would apply to this proposed subdivision. This letter is enclosed on pag .(l G-/t7and a summary of staffs response is enclosed on pageSY'-/(? Staff is also aware that the applicant may be bringing in a revised layout showing a cul-de-sac type subdivision for City Council to consider at its meeting on March 7. As of the date of agenda setting,March 1, 1995, staff has not seen any such revision. Staff is also concerned that the applicant is apparently anticipating resolving a number of detailed negotiations directly with the City Council on the Council floor on March 7. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a rezoning for Ridgecliff Woods/James M. Waters, from Agricultural to R-1 of 4.3 acres located on the south side of Cliff Road, just east of Lenore Lane, in the northeast quarter of Section 32; and 2) a preliminary subdivision of Ridgecliff Woods consisting of 8 lo is on 4.3 acres subject to the conditions set forth in the staff report. Page 8 January 24,1995 ADVISORY PLANNING COM IISSION RIDGECLIFFE WOODS - JAMES M. WATERS REZONING, PRELIMINARY SUBDIVISION Chairperson Miller opened the next public hearing of th v ping regarding a Rezoning of 3 acres from A (Agricultural) to R-1 (Single Family) and a Preliminary Subdivision consisting f 8 lots on 4.3 acres located on the south side of Cliff Road just ast of Lenore Lane in the NE; of Section 32. Project Planner Ridley introduced this item. Mr. Ridl y highlighted the information presented in the City staff's planning report dated January 5, 1995. Mr. Ridley noted the background and history of the subject property, the existing c nditions of the subject property, the surrounding uses and compatibility therewith, and the proposed preliminary plat. Mr. Ridley noted that the proposed access/street design is unacceptable because the applicant is proposing an extension f Nokia Way into the subject property as a cul-de-sac which is not consistent with the City's intended street design under which it is the City's plan to connect Nokia Way on the west side of the property to Nokia Way to the east of the subject property. Mr. Ridley further advised that the proposed grading plan and utility plan is unacceptable because the proposed utility plan extends utilities into the site only far enough to serve the propos d hom s, rather than to the edge of the east property line pursuant to City standards. Mr. Ridley further advised that the APRNRC ✓ c mmended approval of the tree preservation plan. a cash park and trail, and a cash water quality dedication. Jim Waters, the applicant, objected to the City's ✓ quirement that Nokia Way be constructed as a "through" str et as pposed to the applicant's proposed cul-de-sac. Mr. Wat rs stated that a. through street would require the loss of additional tr s on the east side of the property, an adverse impact to the .20 acre wetland on the west portion of the property and the loss of three potential buildable lots. Mr. Waters further stated that h spoke with owners of some of the neighboring properties regarding the issue of the through street. Mr. Waters furth r stated that a through street would cause traffic and safety hazards. Mr. Waters concluded that being required to construct N kia Way to the east edge of the property for an eventual through street would cause additional costs to the developer and th loss of at least one lot which, according to the developer, may constitute a "taking." Wayne Tauer, a design consultant for the applicant, discussed the impacts of the subject property's contours as a result of a through street. Mr. Tauer advised that on the w st p rtion of the property, grading would be required to accommodat an 18-f of diff r nce in c ntours and on th east p rtion of th property, a 12-f t diff rence exists. Mr. Tauer further stated that the sit has a significant number f tr es, noting there ar gC1 1 Page 9 January 24, 1995 ADVISORY PLANNING COMMISSION 88 trees on the site and 100 trees on the adjacent easterly property. Mr. Tauer stated that 2.2 acres of trees would b removed to complete a through street on both the subject property and the property to the east. In response to Member Isberg's inquiry, Mr. Tauer stated that access for potential developed lots on the property to th ast of the subject property could be serviced by another cul-de- sac, making a through street is not necessary. A resident of 4615 Lenore Way stated that he and oth r neighboring residents support a cul-de-sac on the subject property and oppose the planned through street because it will cause increased traffic through that area which will adversely aff ct the safety of the neighborhood children. Residents of 4606 Len re Lane, 4 621 Lenore Lane, 4 611 Lenore Lane and 4625 Lenore Lane concurred that they oppose a through street for reasons of increased traffic and safety concerns. Mr. Stertz, 1760 Cliff Road, owns the easterly adjacent pr perty. Mr. Stertz conceded that any traffic on Cliff Road is the residents who live on Cliff Road's problem. He express d concern about the affect of the storm drainage from the proposed d velopment to his property. He stated that he is in favor of a thr ugh street but would prefer that it take place in the future and not immediately. He stated that a cul-de-sac from the east to s rvice any proposed development on his property would not be f asible. He further stated that the proposed eight homes on th subject property would not "greatly affect" traffic on Lenor Lane. Steve Marstad, the owner of the easterly adjacent property to the Stertz parcel, stated he was in favor of the cul-de-sac because of the potential assessment costs to him if a through str et goes through his property. Mr. Marstad also express d concern regarding the affect of the proposed site's storm drainage to his property. Chairperson Miller summarized the, issues presented by the r sidents: (1) traffic and/or safety concerns in the event a through street is constructed; (2) access for potential lots on the properties to the east of the subject property in the event th se properties are developed; and (3) the placement of a stop sign at Lenore Lane and Nokia Way. With respect to the stop sign issue, Assistant City Engineer Foertsch stated that the placem nt f a stop sign will depend on whether one is warranted. In response to Member Segal's inquiry, Mr. Tauer stat d that the applicant is seeking a 50-foot wide right-of-way for th cul-de-sac because the pr posed lots on the southwest edge of th pr p rty are ffected by th wetland to th ' s uth and the lesser right- f-way will give five additi nal f t f r th placement of Page 10 January 24,1995 ADVISORY PLANNING COM ISSION the housepad in relation to the wetland. Foertsch further stat d • that the City Code requires a cul-de-sac to be only 50-feet wid . In response to Member Segal's inquiry, Mr. Tauer further advis d that the applicant's proposal does not indicate the 75-f of right-of-way dedication for Cliff Road. In response to Member Heyl's inquiry, City Project Plann r Ridley advised that if Nokia Way was permitted to be a cul-de-sac within the subject property, the Nokia Way cul-de-sac off of Karts Way would be 1,600 feet long. Mr. Ridley advised that a 500-foot cul-de-sac is the City standard. In response to Memb r Heyl's inquiry, Assistant-City Engineer Foertsch advised that utility extensions must be to the subject property's east property line to extend service to the property to the east of the subject property in the event the eastern property is d v loped; Foertsch explained that utilities cannot be extend d from the east. City Project Planner Ridley advised that any 1 cation of Nokia Way as a through street will affect the numb r of trees lost because the area is heavily wooded. Also, irr spective of a through street or not, utility extension east f the subject site will impact trees. In response to Member Isberg's inquiry, Foertsch explain d that the public health, safety and welfare require Nokia Way to b a through street. Foertsch explained that the area is border d by two collector streets and a county road (Cliff Road) , but the residents on Nokia Way and in the Halden Circle area, locat d ast of the subject property, have to go down to Karis Way then t Coventry Lane to get to Johnny Cake Ridge Road. He stated that Nokia Way in this area is heavily congested with traffic becaus Nokia Way does not have an egress to Lenore Lane. Mr. Foertsch xplained that the extension of Nokia Way as a through stre t will alleviate the volume of traffic on Nokia Way which will b nefit the public safety of all residents in the area. Further, Mr. Foertsch advised that there are currently no plans to construct Nokia Way through the Stertz and Marstad property and it will not be constructed until requested. Mr. Foertsch furth r n t d to the Commission that the applicant is presently proposing to cut 12 feet of the contour for the cul-de-sac, and therefor , a through street will have no different impact to the contours. Member Heyl stated that in addition to the easterly adjacent property owner being in favor of a through street, th issue of traffic must be examined in the context of the entir ar a and that there are traffic concerns and/or hazards equally for the residents on Nokia Way east of the subject property. Heyl stated, accordingly, there is a need for a through street to pr vide alternate access in and out of the neighborhood for saf ty and public welfare reasons (to spread , the volume of traffic throughout the area) . Member Heyl further stated that a 1,600 f t cul-de-sac is t o t ng. H yl c nclud d that based on Ci I Page 11 January 24, 1995 ADVISORY PLANNING COM IISSION the foregoing reasons, she opposes the proposed preliminary subdivision. Member Segal concurred with Member Heyl, adding that th applicant's proposal does not comply with the City regulations: (1) the proposal does not provide for the extension of utiliti s to the eastern property line; (2) the proposed cul-de-sac presents potential landlocking of the Stertz property; (3) th pr posal does not provide for a 75-foot right-of-way dedication f r Cliff Road; and (4) the proposal sets forth a 50-foot wid right-of-way• for the service street as opposed to the 60-f t wide right-of-way necessary for a through street. Member Segal moved, Wallace seconded, a motion to recommend approval of a Rezoning of 3 acres from A (Agricultural) to R-1 (Single Family) . All approved in favor. Member Segal moved, Heyl seconded, a motion to deny th proposed preliminary subdivision for the following reasons: (1) The preliminary subdivision does not propose the extension of utilities to the eastern property line for the eventual servic of the property to the east; (2) the proposed cul-de-sac creat s a potential for landlocking the property to the east of th subject property; (3) the preliminary subdivision does not provide for a 75-foot right-of-way dedication for Cliff Road; (4) th preliminary plat does not comply with the required 60-f t wid right-of-way; and (5) the proposed cul-de-sac would result in a 1600-foot cul-de-sac which exceeds the 500-foot cul-de-sac City standard. Member Wallace stated he concurs with the denial of the proposed preliminary subdivision for the reasons stated abov xcept he does not oppose the proposed cul-de-sac. Community D velopment Director Peggy A. Reichert stated that the APC could approve the preliminary plat if the applicant accepts th c ndition set forth in the planning report which would requir compliance with those concerns expressed by Members Heyl and S gal. Member Segal stated, however, that because there is a 120- day requirement to act on the application and that the developer can make necessary changes to the preliminary plat before th City Council meeting, it is more appropriate to act on the preliminary plat as proposed. Member Segal concluded that th Advisory Planning Commission should not redesign the applicant's pr posal, rather it should act on the preliminary plat as pr sently proposed. All present voted in favor. 90„ PLANNING REPORT CITY OF EAGAN REPORT DATE: January 5, 1995 CASE #: 32-PP-39-12-94 APPLICANT:James M. Waters HEARING DATE:January 24, 1995 PROPERTY OWNER: Esther E. Bjelland PREPARED BY: Mike Ridley Orrin Thompson Homes REQUEST:Rezoning, Preliminary Subdivision (Ridgecliffe Woods) LOCATION: NE 1/4 of Section 32 COMPREHENSIVE PLAN: D-I, Single Family (0-3 units/acre) ZONING:Agricultural, Single Family (Ag, R-1) SUMMARY OF REQUEST James M.Waters, WA Investment Group, Inc. is requesting approval of a Rezoning of 3 acres from Ag to R-1 and a Preliminary Subdivision consisting of 8 lots on 4.3 acres located on the south side of Cliff Road just east of Lenore Lane. The two properties involved with this request include Outlot B, Ridgecliffe 1st Addition, a 1.3 acre parcel that is zoned R-1 and an unplatted 3 acre parcel zoned Ag. AUTHORITY FOR REVIEW City Code Chapter 13,Section 13.20,Subd.6.states:In the case of subdivision,the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including,but not limited to,topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. - D. 'That the site physically is suitable for the proposed density of development. (75 Planning Report- Ridgecliffe Woods . January 24, 1995 Page 2 E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with eSements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. L That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled"City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY The 13 acre parcel currently owned by Orrin Thompson Homes, Inc.was rezoned to R-1 and platted as Outlot B, Ridgecliffe 1st Addition in 1980. The Development Contract for Ridgecliffe First Addition states: 'The developer and owner shall be required to grant the City a 60-foot wide street easement over the property which lies between the Bjelland and Stertz properties for a future street extension. The proposed lot at this location shall be shown as an outlot on the final plat." The Bjelland parcel to the west of Outlot B, Ridgecliffe First Addition is included with this application and the Stertz property to the east of the outlot is not involved with this request. Planning Report - Ridgecliffe Woods January 24, 1995 Page 3 EXISTING QONDITIONS There are no structures on either of the two parcels under consideration;however,there are two driveway curb cuts that connect to Cliff Road. Nokia Way extends east approximately 150' from Lenore Lane and dead-ends at the western edge of the Bjelland property. The site grade falls approximately 30' from the high point near the northeast corner to the low points located on the west edge and southwest corner. The majority of the site is heavily wooded and portions of two wetlands are located on site. AURRQUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North •Woodgate 2nd Addition; zoned PD; designated D-II, Mixed Residential (0-6u/a). South - Ridgecliffe 1st Addition; zoned R-1; designated D-I, Single Family. East - Ridgecliffe 1st Addition West - Ridgecliffe 1st Addition EVALUATION OF REQUEST A. Rezoning The rezoning request is consistent with the D-I Single Family (0-3 u/ac) Guide Plan designation and compatible with the existing single family development surrounding this site. B. Preliminary Plat Compatibility with Surrounding Area - The proposed single family development is compatible with the surrounding single family land use and should be compatible with the anticipated future single family development to the east of this site. However,the developer is proposing a cul-de-sac to serve the site which is not consistent with the City's intended street design that would connect the two Nokia Way dead-ends thereby establishing Nokia Way as a through street to serve this area. - Density - As proposed, the subdivision density is 1.9 units/acre which is consistent the proposed R-1 zoning and the existing D-I Guide Plan designation. Lots •The applicant is proposing 8 lots that range in size from 14,876 -28,533 s.f.with an average lot size of 19,070 s.£ Planning Report - Ridgecliffe Woods January 24, 1995 Page 4 Setbacks-As proposed,all lots will have sufficient width and depth to accommodate all R-1 Zoning District setback requirements. Grading/Wetlands-The Grading Plan is unacceptable. The site contains a ridge down the middle where the proposed street would be located and the backyard areas contain slopes that will work well for walk-out lots. Also, the proposed grading shows that the northerly 100 feet of the site will not be disturbed which will provide a good buffer between Cliff Road and the proposed homes. The grading plan calls for approximately 4 feet of fill to be placed along the northerly edge of the pond to the south (Pond BP-32). To protect the vegetation and trees and to control erosion into the pond, the Advisory Park, Recreation, and Natural Resource Commission (APRNRC)recommends the provision of a 30 foot natural,ungraded buffer strip back from the normal water level along the north edge of the pond. This will require modification to the grading plan on Lot 7 and 8. Storm Drainage/Water Ouality - The Storm Drainage Plan is acceptable. The developer is proposing to construct a storm sewer system that will collect runoff from the streets and front yards and then drain it into the pond at the northwest corner of the site(Pond BP-31). The APRNRC recommends a cash water quality dedication for any shortfall in treatment of storm water by pond BP-31. Utilities -The Utility Plan is unacceptable. Sanitary sewer and water main were stubbed to this site from the Ridgecliffe 1st Addition in 1980. The Utility Plan extends these utilities into the site only far enough to serve the proposed homes. The City requires developers to extend utilities to the edge of their property (unless development will be phased);therefore,the Utility Plan should be revised to include the extension of these utility lines to the east edge of the site. AcceK/Street Design'- Nokia Way has been planned to be a through street, looping between Lenore Lane and Karis Way, since Ridgecliffe First Addition was subdivided in 1980. The intent of this connection was to eventually eliminate all direct private access to Cliff Road and to provide alternate access in and out of the neighborhood. The applicant is proposing an extension of the Nokia Way stub street from Lenore Lane to a cul-de-sac end within the subject property. This design will prevent any further easterly extension of Nokia Way and connection to the existing Nokia Way dead-end off of Karis Way. By precluding this connection,not only is neighborhood access limited,but the Nokia Way extension from Karis Way will remain a 1,500 foot long dead-end street, serving 63 homes,which is not consistent with the City Code maximum cul-de-sac length of 500'. 7 ((o Planning Report - Ridgecliffe Woods January 24, 1995 Page 5 The developer has suggested that the Nokia Way dead-end from Karis Way could be extended to the west in the future to serve the two unplatted parcels east of the subject site and then angle north and connect to Cliff Road but this would defeat the original purpose of a h' Nokia Way a through street. The developer should revise the subdivision layout to incorporate the extension of Nokia Way to the east property line of the site with a temporary cul-de-sac bubble on the north side of the new street extension. Also.the developer should be required to remove the two existing driveway openings to Cliff Road and add curb and gutter. Easements/Right-Of-W a}►-Dakota County is requesting that 75 feet of half right-of-way be dedicated on the plat to allow for the future upgrading of Cliff Road. The plat shall also dedicate restricted access along the north edge of this site that would not allow any driveway connections out to Cliff Road. The preliminary plat shows the right-of-way for the extension of Nokia Way at the width of 50 feet which is consistent with a cul-de-sac street; however, a 60 r-o-w is necessary for a through street. The preliminary plat should be revised to incorporate a 60' r-o-w through the subdivision. • As shown on the preliminary plat, the developer should dedicate drainage and utility easements over Ponds BP-32 and BP-31. Tree Preservation-The Tree Preservation Plan submitted is unacceptable. The developer has revised the Plan to reduce the tree loss from 45.5 to 375 percent. This percentage of removal exceeds the 25% allowed removal for the first phase of development;however,the 37.5 % represents total tree loss because the developer is proposing to install utilities, construct the street, and clear the house pads all in one phase. The Tree Preservation Plan does not reflect the additional tree loss that will occur by the required utility and possible street extension to the east edge of the site. Initial review of these extensions show that additional trees will be lost although the reconfiguration of the lots will allow more flexibility with pad locations that will likely result in no net loss of trees for the site. The developer should revise the Plan to incorporate the impact, of the utility/street extension and also provide information on the significant woodlands on site that have been verified in the field by staff. The APRNRC approved the 37.5% significant tree removal. Park Dedication-The proposed subdivision is located in Park Service Area 35. The nearest park is Ridgecliffe park. The APRNRC recommends a cash park and trail dedication. • Planning Report -Ridgecliffe Woods January 24, 1995 Page 6 SUMMARY/CONCLUSION The proposed zoning and land use is consistent with the Comprehensive. Guide Plan Designation and the development surrounding the site. The Developer should redesign the subdivision to incorporate the extension of Nokia Way to the east edge of the property, including the provision of a temporary cul-de-sac bubble on the north side of the new street. ACTION TO BE CONSIDERED Rezoning To recommend approval/denial of a rezoning of 3 acres from Ag to R-1, Single Family. Preliminary Subdivision To recommend approval/denial of the Ridgecliffe Woods preliminary subdivision consisting of eight lots on 4.3 acres, subject to the conditions listed below. Standard Conditions 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, Cl, C2, C3, C4, D1, El, Fl, G1, and Hl. Utilities 2. A 12" storm sewer outlet shall be provided to drain Pond BP-31. 3. The sanitary sewer line in Nokia Way shall be stubbed to the east property line to serve the undeveloped property to the east. 4. The 6"water line in Nokia Way shall be stubbed to the east property line to serve the undeveloped property to the east. Permits/Right-Of-Way 5. The developer shall be required to obtain a permit from Dakota County to work in the right-of-way to remove the existing driveway openings to Cliff Road and replace them with B-618 curb and gutter. 6. The developer shall dedicate a 60 foot wide right-of-way for Nokia Way. Planning Report - Ridgecliffe Woods January 24, 1995 Page 7 7. The Nokia Way street extension shall be stubbed to the east property line of this site and a temporary cul-de-sac bubble with a 55 foot radius shall be provided on the north side of the east edge of the street extension. VVetlai ds 8. The developer shall provide a 30 foot natural,ungraded buffer strip from the normal . water level along the north edge of Pond BP-32. Dedications 9. The developer shall pay a cash water quality dedication for any shortfall in storm water treatment by Pond BP-31. 10. The developer shall be responsible for a cash park and trail dedication. Tree Preservation 11. The developer shall revise the Tree Preservation Plan to incorporate the impact of the utility/street extension to the east edge of the site and also provide information on the significant woodlands on site. • STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates In effect at the time of final plat approval. B. ,Easements and Rights-ot•Way 1. . This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. • 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage;ponding, and utility easements In addition to public street rights-of-way as required by the alignment, depth,and storage • capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate 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 plus three (3) feet as necessitated by storm water storage volume requirements. C. plans and Specifications • 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a • registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2 A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. o)c) • 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. .Pubiieimpr oven)ents .1. If any 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 ail regulatory • agency permits required by the affected agency prior to final•plat approval. F. parks end Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. • G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. MIK 1. All subdivision,zoning and other ordinances affecting this development 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: _ July 10, logo Revised: _ February 2. 1993 • LTS#5 • • STANDARD.coN FINANCIAL OBLIGATION - Ridgecliffe Woods There are pay-off balances of special assessments totaling SO on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas,dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit Water S.F. $19.50/ff 256 ff $4.992 Total gal a vii 13", u ,c4:0-•e) 71; - • reiii;-;,, rme-re.r.t. • � � ... r •. a L hom[ ® '• Amyl* el:- �k,: •gt , m.1.-t ...- •■• a ` 'r 4 owl 5 144461 ildirb 114 "11,11' .'"-.' I:/-1`"m2447-P:::;, ilt4kw MM .. . : . Itim J CT. 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I • •�� a�� .i FtJL âLAW J1 �. , {� . a-`\��• o:� AO/; 1.'- �,�� , � :Eta • .,`�lei.. m �1..��, � .��•\,.', so- % AT r+0++�,+ / - .•.- Asti ``\:. .I '•....Thai.�., •411L%. -0, : S'‘:4549 fh,t, "1..%. *4i144\k op : e-,,ir t7-IrirreAtAid;,:. ► lilob, 1Ir 1 I,+. 11106E CL f�:J1l�C t7•l f 911.0 7bL�•�.A IN = �;I ).•41 14 - .$ .1 9/15 �� aI ,11 _"t1 . ..„:„..,..••••--,4: _1 i DAkOT�COUNTY PARIPL893 1.. ��a>t■■rm.■■AEI _ 7 . • , 3Q4 A-ri► 900, 1-P 5A "w A-flit' ' • .-( �0 OAKS O/••w 911.6 is t 9/T.B _r_ 8LP-I / LP- / 905.t / 96's I 1 962 6:! ,�--'i 909.0; PROJECT SITE . - FIGURE No. 17 . • STORM SEWER LAYOUT - LEGEND • • MAP ' STORY LIT STATION i..rl.ro1 • MIA INT STATISM f>•v...m O STORY 10110E MNM .• ♦.S.0-0.S CITY OF MAJOR DIVISION ammo ammo, POND NORMAL WATER LEVEL. . . . . • • 500.0 E A G Q N MO NM WATER UM • •00.0 • .VO•AIIS fawu►•E ROUT! r......r.•... T I I . • s I n9BH' H i co .S E 1 . II i , lal I . i 1-1111 4 ,.„,, . ! II, .5 1 It F. 1 t to I if '' . 41L n t 1 t .b l�iti I w i !hi rh5'll$ll1l1III• 11 k ill ¶ - f : 1 , ,i, , 1 . .. --- ..., ./ fl i 1 I , N 1 CO No o FI / \ l• 2" 1 ! / 11ktV,� 1 1 '; e mQ ., / • e k a r).ts . si -- .1,., • Ivo / HU li ! , / liti i 1 0 a 4 ii _ _ _ x is i t T f) I: :_ , / • it 1 / i . le \ Ivrj "Irt I /4.'4 ' * P \�.� +� 1 it 4,i. . 5 i sp 1 I 'L9LK� / � � 1,../....: i70 1 Pt W y t� ! Li. . . 8 i i rte . I fa 1 i I 1 4. —I - -- - . : :.. .wrnraw. February 1, 1995 Dear Mayor Egan, Last week,a proposal was presented to your planning commission concerning the street,"Nokia Way". This proposal was a request to make Nokia Way a cul-de-sac and not a through street. Attached is a petition that has a list of homeowners who are residents of Nokia Way or residents of a street that is connected to Nokia Way. These homeowners have placed their signatures on this petition to request that if an expansion is to be made to either the West dead end or the East dead end of Nokia Way, they would want a cul-de-sac. If the West dead end of Nokia Way is expanded and connected to the East dead end of Nokia Way,making it a through street,we feel that there would be a strong: • Decrease in our Children's Safety factor. • Increase in the Crime level. • Increase in the Traffic level. • Decrease in the Home/Property level. • Increase in the Noise level. • Decrease in the Environmental level. • Increase in the Pollution level. When making your decision on the proposal to expand Nokia Way,please take into consideration the: 1) Reasons(listed above)for a cul-de-sac and not expanding and making Nokia Way a through street. 2) Homeowners(see attachments)who strongly oppose to making Nokia Way a through street. Thank you, The Stakeholders • LEGAL PETITION We,the undersign,do not want the EAST dead end of NOKIA WAY in EAGAN,MINNESOTA expanded and connected to the WEST dead end of NOKIA WAY and made as a through street. • We would prefer a cul-de-sac if an expansion needs to be made to the WEST dead end of NOKIA WAY and/or the EAST dead end of NOKIA WAY. ' Date Name(print) Address Phone Number Signature 04/95 in/be/Lt./A./R.keyu6-may /73?/1/o* Why; E'fi'v 4&9-p $33 ,c.,l�.,.e, u )// f' / q4/44 (r r r i■ 141.0 /{Al d OH le_ 2 t filar / V , ./.G6atit. �9 �/r�' _ rir►,re PtyIrr tll,At1 rIC 1I e14.(1'.G.tci�s4 I5'(-G'3 yip it Al.1,41, /IS5 Vaal f)�r.,'t;IPL `t r,°�Y f•(,,//'r1/1 C(j•(-r' L��4 KS i=G075'‘/ . 41,1 b 6,. -2// .� _lab o0/, Ak., 4Z2h l�a/den L/'r/e v.5_ --e5Y- Z' 4-4yf.zet.,!'� 4/ x' 14.6:1,/e.hd. &tiz. /9 .i' 7t),'44 y Yi: e,,v I 41.5 Sz4• %/ •, 'J,tors gaol+ Chi;t ai 4l(,�8 l4o1c p arrLt� �T 451 -O/75 * 'id- ,a11 1 ' (114116 .c1)DR 17.E rtInI an tiM y 6N,Ar�� s t' -b ( �f c 4l N�I'Y � 1.' ),L GA, now MgG OC 14 , ,,1+ List, —9ye3 ' 4 .i..) / gas r ormi PrYJ rra 7 A) kra G 4 i Nan m 6-9�7�� e •�, . ) a-/CIS' ^ , .,u(g�V x'13 i K./171.'`r� f546> Jl '-//'/- 778c y . 'z all -c. ( j in au mac., y AN 0,1--lbo : A . •/ • )/1/45-,L Iatt 1' ,Lv_. . 17? Aicgia � r, Vs-a-w7y .� G ,t 1 *Inc- a� a� o /7.l Alok%— (l asad. 4S -45/dS/ /, -�' if MS�/ul-csz �- 1131 YUa tr:u. fA5 e.-rw, G%- c, 21%115 Wriek 'AACkrnr�N 112.2 f.h14.1. VR'9 SAVIC'ir1Tr' '1S 4— i° i .,,L .. ,114% t'4L R/m:A 1 /7/9 x'W,4 ii4 G ift(t—ria li -62/1/ 'i • a.-I .SY1•rl/t e_sckr/4 _./"715A/vkIir CG Sri 1/51t-y/7 I r i (/11) W 6Ai. W SQL S�' /9/4,164,(2;# S/S 2 2 y9 -.crrif�6 2-t ,k,,� 41.-0_0-0.A\. '-IG5c :�(.1.1^ 2 (i,Lt_ 45`� �'i� r1 J.1-k, 1 T-i'11L ip.' In-I., :2-1 .'/ter2 (1 -K-essc_ 14(051- / ci.in We Cr e. 1-f5&, .531 i • 4 k tc ey...n. 7 -I -fi u..,k w �:L►•..._ V I F At—Air 41 /�-)d e L f6 c'6.'1-z. ' . z-I l pr_. Ki,./,,d� i 7cs' AIDi<I a Ha:2- 76 _�G _a.-l >/.("is k_ ...,,,N 1-1 79 No k..1 La,., c(sa 13 7 ie , 2-1 tk %rune ',k �ba3 H Id..• Ct• VS'�.14-3•r/ hl • 2-1 ..J+�a° 113b Mok, WAY (QFt l(Qo 1, 2-1 -3014. P. t o art./7 1-733 p,,,,.. i n t&M - 145.4.-I of a.-7 k, a• atibiZ t L. la:ep //as NaK;0. a_y Ea a.. 0Sa-t4a-, �a 2-1 M;f rg+ eit v i"i 3l (�eklA. r US-2.13-A5 C K � � 1. 1 1 ' 1. LEGAL PETITION We,the undersign,do not want the EAST dead end of NOKIA WAY in EAGAN,MINNESOTA expanded and connected to the WEST dead end of NOKIA WAY and made as a through street. • We would prefer a cul-de-sac if an expansion needs to be made to the WEST dead end of NOKIA WAY and/or the EAST dead end of NOKIA WAY. • • • Date ' Name(print) Address Phone Number Signature 21//if 1, /cE C-001415" �6a& 1-. ..-A/024. ,4Git--/ 6 2l /YY2, (11.44 t"04Cw-,- 01 11 L" Ala.e Vi/l;amsat. '-I//l Le�de. Laic aka i 4 r(o 8/5 .47 iae.Wi/ ;444Ac , f fT rr4 i,MI//� ,,•� c//G_il L.d.ri ►�e_L.i..J� G4.�. 6g6-79/S" d/g6-79'i /� 4? 1/1 c Na7sa.•�i ie /T 0 ,,d'' y[,/.S LeIni�--e Lo,7,- (o va., M -eq./ '��, QS J©3AN £tD iJ 4l&(S LEn3C2E. £.P&E E4 .J Mrs 6Z.s til r al• .)L{-c lJ-e..72 L./6%4A- L.eneit_ Leo. e.c,�, 4 56.05.3.3 ` _ / 3 / 0 E:1__ 2-1-AID piAlt....-en, 'e"-er, ilit2.0% z L2 .OI..I-4,c t t,1 ..,,1 if&•eS z:) ,c _ 4...i_ _ , 2_-1•- � . e os5 e &(( 2 LFeere. rp � CLVo-0709, A.( , _e o z, c2-/- ra_C C k&S 41 0 L Le.mac YQ L n can 6,8 1-I 4 4 2 -i 0 , , • " 1 5 MEMO _city of eagan TO: Mayor and City Council members THROUGH: Peggy Reichert, Community Development Director FROM: Mike Ridley, Project Planner riFi • DATE: February 9, 1995 SUBJECT: Ridgecliffe Woods Addition - Nokia Way Extension This memo will explain the rationale for requiring a through street to serve the • development of the above referenced subdivision in regard to the neighborhood petition submitted to the attention of Mayor Egan on February 1, 1995. The petition submitted states concerns related to safety, traffic and natural resources. It is important to note that the natural resources in the area will be impacted regardless of whether or not a through street is constructed because the utilities to serve the area will be provided from the west to the east. The Advisory Planning Commission held a public hearing for the proposed subdivision on January 24, 1995. All but two of the residents who spoke at the public hearing reside in the vicinity of the Lenore Lane/Nokia Way intersection. The main Issues presented by the residents opposed to a through street dealt with traffic and safety. The dead end off of Lenore Lane apparently has been used as a play area for kids in the neighborhood and the residents were concerned that a through street, as opposed to a cul-de-sac design, would direct traffic through this area. George Stertz, 1760 Cliff Road, was the only resident in favor of the through street. Mr. Stertz owns,the parcel adjacent to the east edge of the proposed subdivision and is concerned that a cul-de-sac design precludes future development of his property because he will not have public access. The January 5, 1995, Ridgecliffe Woods staff report indicates that,since the development of Ridgecliffe First Addition in 1980, the City's intent has been to create Nokia Way as a through street. This is desirable for the following reasons: f * The street will provide alternate access in and out of the neighborhood for area residents and emergency vehicles. * A through street will balance the trips in and out of the neighborhood. The Nokia Way dead-end off of Karis Way is approximately 1,400' long and serves over 60 residential properties. • Dakota County spacing guidelines prohibit a public street connection to Cliff Road between Lenore Lane and Johnny Cake Ridge Road because the minimum 1/4 • mile spacing requirement cannot be achieved. Please contact me if you have any questions or would like additional information. • • • QUEST . . ' RECEOVED • February 15, 1995 FEB 1 71995 Mr.Mike Ridley Project Planner City of Eagan 3830 Pilot Knob Rd. Eagan,MN 55122 . RE:Ridgecliffe Woods development,Lenore Lane at Nokia Way,Eagan,Minnesota. Dear Mr.Ridley. As you bow,the above referenced development has been the subject of some differing views,regarding the relative merits of serving the development through the creation of a cul-de-sac versus a through street. We, as the developer,would much prefer the creation of a cul-de-sac,as would the surrounding neighbors. The • city staff would dearly prefer the extension of Nokia Way to prepare for eventual access to the Stertz property and ultimately the joining of the two existing legs of this street. As we have discussed previously, some of the problems inherent in creating a through street,as opposed to the cul-de-sac,would be the following: 1.Increased passenger and service vehicle traffic to the immediate neighborhood; 2.Considerable additional removal of significant tree growth; • 3. A negative impact on the value of the lots and the achievable building pads, resulting in less expensive homes being built; 4.A substantial increase in the cost of development; 5.And finally the loss of one of the eight lots,to provide a temporary cul-de-sac to city standards. Points 1 and 2 above have been addressed by the developer, the planning staff, and the neighbors previously.However,I feel that points 3 through 5 need to be addressed also. There is a perception, on the part of the buying public,that cul-de-sac lots are more private and generate less traffic then through streets,which in fact is an accurate perception.This perception reflects directly on the relative value of the lots and the homes built on them. I estimate a loss of $5,000.00 per lot by clanging our plan to accommodate a through street, for a total impact of $40,000.00. This will be accompanied by a further loss of $20-$25,000.00 in value for each of the respective homes and the corresponding tax base as well. Real Estate Management.Leasing &Development • 7301 Zane Avenue No. S u i t e • 2 0 5 Minneapolis,MN 55443 Tel. 612 • 566-5040 ( ( : Fax 612 • 566-5152 • Further,the cost of developing the lots will increase by more than W63,000.00, due to the necessity for additional tree removal and grading,and a much longer utility run and street. Finally,if we are required to build a temporary cul-de-sac,in preparation for an eventual through street,we • will loose the lot shown on the city staff design as "outlot A". This will result in the loss of an additional $40,000.00,at minimum. The total anticipated loss of$143,000.00 is too much for this small development to sustain and remain viable. • In an effort to find a compromise which would serve the interests of the various parties involved,we have looked at the following possibilities: 1.We could continue Nokia Way easterly, dedicating a 60' ROW,to a position approximately 60-65 feet short of the Stertz property line. This would allow for the elimination of a substantial length of storm sewer,which would be required to move runoff back to the westerly storm sewer connections. This need is created due to the grade change that occurs east of this point down to the Stertz parcel. In the future,if the Steitz parcel is developed, runoff can then take its natural course back to the east. In the meantime, all of our nmoff will be accommodated on the westerly end of Nokia,thus causing no increase in uncontrolled runoff to the Steitz parcel. This approach would also eliminate the need to remove a grouping of mature trees at this time.We would offer to escrow,on a 1:1 ratio,the construction cost of completing the final 65' of street to the Stertz property line,for future use by the city. 2.We would then propose the elimination of the temporary cul-de-sac,in favor of a temporary turn-around drive to accommodate snow plows and other service vehicles,thus saving the eighth lot. 3. We would further propose that we be free to work with the county, to grant a suitable right of way dedication on Cliff Road. 4.We request that the"Lateral Benefit Water" improvement charge of$19.50 per front foot, be capped at the amount of$4,992.00, as estimated in the Planning Staff Report of 1/5/95 for a cul-de-sac, rather than the estimated charge of$14,274.00 for a through street. 5.Finally we anticipate the need for a variance to the set back requirement,from the existing pond,on lot 8 •(SW comer of development).We would request city staff recommendation for up to a ten foot variance in this setback. If city staff would find these suggestions agreeable,we could then forgo our earlier plan calling for a call- de-sac,even though we feel that to be the preferred approach. Thank you for your assistance in this mater. LY-7' reiy, ater s _ • • • I • cYr, • MEMO _city of eagan TO: Peggy Reichert, Community Development Director FROM: Mike Ridliy, Project Planner DATE: March 1, 1995 -- SUBJECT: Ridgecliffe Woods - Nokia Way Street Extension City staff has completed their review of Quest Development's letter in which Jim Waters proposes a number of compromises to the City's required through street design with a temporary cul-de-sac. This memo will briefly summarize Mr. Waters' request and City staff response on a point by point basis. 1. Partial construction of Nokia Way through street. Developer. Quest proposes dedicating 60'r-o-w and constructing Nokia Way through the • property to a point 65' short of the Stertz property with the remainder of the street construction (across the subject site) to take place when the Stertz property develops. The developer would escrow 1995 dollars for the construction cost of completing the final 65' of street and utilities. Staff: This is not acceptable. The City requires all developers to extend utilities to the edge of their property. Although some trees would be temporarily saved, the utilities must extend from west to east to serve the Stertz property. Removing the trees with street and/or utility construction after development occurs would not be seen in a favorable light by the new and existing residents in this area., 2. Elimination of temporary cul-de-sac. Developer. In an effort to allow all 8 lots to be developed initially, Quest proposes a temporary turn around instead of a temporary cul-de-sac bubble. Staff:The City believes a temporary cul-de-sac is necessary because of potential hazards by forcing larger vehicles (snow plows and emergency vehicles) to back-up and turn ) g • around. Based on City standards, the developer has two choices: 1.) Construct the temporary cul-de-sac on a lot and plat that lot as an outlot, or 2) Obtain an easement from Mr. Stertz to allow the temporary cul-de-sac to be built off the subject site. 3. Cliff Road Right-Of-Way Developer. Quest would like to deal with Dakota County on the Cliff Road r-o-w dedication. Staff: This dedication must be done as part of this preliminay and final subdivision in order for staff to determine lot area and setback compliance. 4. Lateral Benefit - Water Developer. Quest anticipated an increase in this lateral benefit due to a through street configuration. Staff:This charge is based on the front footage on Cliff Road. The design of Nokia Way does not impact this assessment. 5. Setback Variance Developer. Quest anticipates the need for up to a ten foot setback variance for what is shown as Lot 8 on their Preliminary Subdivision.Plan. Staff: The Advisory Park, Recreation, and Natural Resource Commission recommended a 30' undisturbed buffer around the pond located in the southwest corner of the site. Depending on the final configuration of the subdivision, Quest may claim a genuine hardship to vary the front yard setback for Lot 8. Please see me if you have any questions or need further information. Agenda Information Memo March 7, 1995 City Council Meeting REZONING/WILKINSON CONSTRUCTION/TRAILS END ROAD D. Rezoning, Wilkinson Construction, from R-4 to R-3, Trails End Road, west of Ivy-- Wilkinson Construction is requesting a rezoning of .94 acres from R-4 to R-3 to construct townhouses on Lots 1 and 2, Block 2, Wescott Hills Revised 2nd Addition, located west of Ivy Lane and north of Trails End Road. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of February 28, 3995. The staff report and minutes of the Planning Commission are enclosed on • pages (Q( through /54/ . The Planning Commission recommends approval of the rezoning. The Planning Commission also considered the site plan and a series of variances required to construct the two three-unit townhouse buildings as proposed by the developer. Because of all the variances required,the Planning Commission did not look favorably upon this site plan. The applicant decided to request a continuance of the site plan review portion of his application in order to make some modifications to the plan. The site plan will be reconsidered at a future date by the Planning Commission. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning for Wilkinson Construction from R-4 to R-3 of Lots 1 and 2, Block 2, Wescott Hills Revised 2nd Addition, located west of Ivy Lane and north of Trails End Road in the northeast quarter of Section 14. • V SENT BY: 3- 3-95 ; 1:10PM ;SEWM.SOIV WILCOX marl 61288146124243 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA 7EBRUARY 28, 1995 A regular meeting of the Eagan Advisory Planning Commission Was held on Tuesday, February 28, 1995, at 7:00 p.m. at the Eagan Municipal center. Present were Chairperson Miller, Heyl, Isberg, Segal, Carlson and Burdorf. Member Wallace arrived at meeting at approximately 7:40 p.m. Also present were Community Development Director Peggy A. Reichert, Project Planner Mike Ridley, Project Planner Shannon Tyree, Assistant City Engineer Mike Foertsch, and City Attorney Mike Dougherty. AGENDA Heyl moved, Isberg seconded, the motion to approve the agenda. All present voted in favor. MINUTES Member Eeyl noted a required revision to the January 24, 1995, Advisory Planning Commission minutes: (1) With respect to th Central Area Task Force Update guider the administrative/discussion items on page 23 of the minutes, the subj ct property is "O'Neil", not "Neil", property; and (2) the c st of any necessary road improvements to Yankee Doodle Road would be $11,000,000.00, not $2,000,000.00. Member Burdorf also noted the incorrect spelling of his name. Segal moved, Heyl seconded, the motion to approve the ' January 24, 1995, Advisory Planning Commission minutes as amended. All present voted in favor. PUBLIC HEARINGS WILKINSON CONSTRUCTION - REZONING & SITE PLAN REVIEW Chairperson Miller opened the first public hearing of the evening regarding a Rezoning of Lots 1 and 2, Block 2,. Wescott Bills Revised 2nd Addition, from R-4 (Multiple) to R-3 (Townhouse) and a site plan review for said property located north of Trails . End Road and west of Ivy Lane in the NE; of Section 14. Project Planner Tyree introduced this item. Ma. Tyree highlighted the information presented in the City staff's planning report dated February 23, 1995. Tyree noted the background and history, the existing . conditions and the surrounding uses of the subject property. Me. Tyree noted that the proposed rezoning from R-4 .to R-3 would be compatible with the Comprehensive Guide Plan and consistent with the surrounding development. Ma. Tyree further outlined the applicant's site plan and requ st d variances, as forth in the planning r port. Ms. 9-- 1 R=94% j 612 432 3780 03-03-95 01: 16PM P002 #15 MR; 3- 9-85 ; 1:11114 ;SEVERSON micasmiri 6E2681461243/ 9 Page 2 Pthuary 2S 1995 ADVISORY PLANNING COMMISSION Tyree advised the commission that the requested variances could be avoided by reducing the. proposed three-unit buildings to two- unit buildings. The applicant's representative, Sohn Mathern of Mendota Homes, noted that the present proposal is the third proposal for the subject property. He noted that the latest proposal, the approval of which has since expired, was for a 20-unit building. Mr. Mathern outlined the present proposal and stated that it is a better use for the area than the previous proposals. He further stated that the variances are required because the proposed buildings will be single level and thus require more land coverage. Member Segal inquired with staff as to the proposed use of th open area north of the building area in Lot 1. Ms. Tyree advised that that area is not buildable due to its narrowness. Member Segal further inquired with Mr. Mathern as to why the applicant rejected the staff's suggestion to have two two-unit buildings as opposed to the proposed two three-unit buildings. Mr. Mathern responded that it was a matter of economic considerations. Mr. Matherri added that the proposed site plan provides less density than the prior proposals and that a single- lev 1 unit requires more land area. Mr. Mathern, in response to Member Isberg'e inquiry, advised that the prior .proposal did not require variances because the proposal was a four-level building with a tuck-under garage, requiring less land area. Member Isberg inquired with the applicant as to what hardships the applicant suffered as to justify the requested variances. Mr. Mathern stated that the prior proposal, due to its multi-level design, required stairway access. The applicant stated that single-level living is today's market design because it is more accessible to more people. Member Burdorf inquired with Mr. Mathern as to what, other than economic purposes, justify the requested variances. Mr. Mathern responded that the proposed use provides lase density than previously approved pr posals and it is consistent with the surrounding uses. Ms. Tyree noted that no other surrounding uses have been granted variances to the extent requ la shed by the applicant. In response to chairperson Miller's request, Ms. Tyree outlined and highlighted each specific variance requested by the applicant. Chairman Miller then inquired with staff as to whether th combination of the two lots as one lot would avoid the need f r the variances. Ms. 'Tyree stated that the side setbacks between the buildings wouldlbe eliminated and the side setbacks on the property lines would definitely be reduced. lbs. Tyree further stated that if thej lot and/or buildings combined into one, the lot coverage would probably than meet the City Code. Mr. Mathern stated that the applicant wishes to have two separate lots t permit separate ownership of ach lot. Mr. Mathern / ac.„--- 8.9496 612 432 3780 03-03-95 01: 16PM P003 #15 SENT BY: 3- 9-95 ;10:04AM ;manor!!lila( SiiEL-+ 612 681 4612;# 2/20 Pale 3 February 2.41995 ADVISORY PLANNING OONMESSION further stated that the applicant is not wishing to continue the matter in order that the applicant may reconfigure the building plan to meet the setback requirements. Member Miller explained to Mr. Mathern that the APC is required to act upon the proposal as presented and the extensive variance requests may adversely affect the outcome of the prop sal. Member Isberg stated that he would reject the proposal as presented because of the setback violations. Member Isberg further stated that the applicant has shown no hardship as to justify a granting of the setback variances. Member Isberg noted that he would revisit this proposal if the applicant redesigned or reconfigured the site plan to avoid the necessity of the variances. Mr. Mathern stated that the applicant does not object to a c ntinuance of the site plan review in order to allow the applicant to redesign the plan to address the variance issues. Memb r Heyl noted that while she does not support the variance r quests due to the applicant's failure to show any hardship, she stated that she would support the request for rezoning on the grounds that an R-3 designation is more appropriate based on the area's development. Member Heyl moved, Isberg seconded, a motion to .recommend approval of the Rezoning of Lots 1 and 2, Wescott Hills Revised 2nd Addition from R-4 (Multiple) to R-3 (Townhouse) located north of Trails End Road and west of Ivy Lane in the NEB of Section 34. All approved in favor. With respect to time site plan, Member Segal opined that the applicant did not present any facts showing a hardship, other than the applicant's assertion of economic concerns, as to • justify the variances. Member Segal stated that he, therefore, fav rs the denial of the site plan proposal. Member Miller concurred with Member Segal, adding that he would honor the applicant's request to continue. the site plan item to allow the applicant an opportunity to redesign the proposed plan in an ffort to avoid the necessity of the variances., Mr. Mathern, on behalf of the applicant, formally requested the continuance on the site plan item. Member Heyl moved, Isberg seconded, a motion to continue th proposed Site Plan to allow the applicant time to redesign • th ' Plan to address the setback issues. All approved in favor. EE):) /10- 12■9416 612 432 3780 03-03-95 10:09AM P002 #10 PLANNING REPORT • CITY OF EAGAN . REPORT DATE: February 23, 1995 CASE: 14-RZ-31-12.94 APPLICANT: Wilkinson Construction, Inc. HEARING DATE: Feb.28, 1995 PROPERTY OWNER: Bob Welsh PREPARED BY: Shannon Tyree REQUEST: Rezoning from R-4 to R-3 - Site Plan Review & Variances LOCATION: Lots 1 & 2, Block 2, Wescott Hills Revised 2nd Addition COMPREHENSIVE PLAN: D-M, Mixed Residential (6 - 12 units/acre) ZONING: R-4, multiple ,SUMMARY OF REQUEST Wilkinson Construction Company is requesting a Rezoning of .94 acres from R-4 to R-3 and a Variance of approximately 18'to the required 30'front yard setback from public right-of-way along Ivy Lane and a Variance of 20' to the required 30' minimum sideyard setback for Lot 1. A Variance of 20'to the required 30'sideyard setback (east), and a Variance approximately 16.6' to the sideyard setback (west), a Variance of 1,400 s.£/unit (4,200 s.£ total) to the minimum lot area, and a Variance of 8.4% to the maximum 20% building coverage for Lot 2, Block 2, Wescott Hills Revised 2nd Addition, located west of Ivy Lane, and north of Trails End Road in the NE 1/4 of Section 14. AUTHORITY FOR REVIEW: Rezoning: Chapter 11.40. Subd.S.E.: "The Council shall not rezone any land or area in any zoning district or make any other proposed amendment without first having referred it to the Planning Commission for its consideration and recommendation." $ite Plan Review: Chapter 11. Subd. 22. Residential Complex Development "In all R-3 and R-4 Districts, involving more than one (1)principal structure, a development plan shall be required with a review by the Planning Commission and the approval of the Council. Said development plan shall be for a period of three (3) years from the date of formal approval by the Council. Approval for a period beyond the three (3) years shall be permitted for planned developments only. When a development plan expires, no further building or excavation permits shall be issued until a new plan approval has been reviewed by the Planning Commission and approved by the Council. Planning Report - Wescott Hills Revised Rezoning 2nd Addition February 28, 1995 Page 2 ' Variance:Chapter 11.40,Subd.B.4.and C.states:"In considering all requests for a variance, or any subsequent appeal the City staff,the Advisory Planning Commission and the Council shall make a finding of fact the proposed action will not: • (a) Impair and adequate supply of light and air to adjacent property. (b) Unreasonably increase the congestion in the public street. (c) Increase the danger of fire or endanger the public safety. (d) Unreasonably diminish or impair established property value within the neighborhood. (e) Disrupt the traditional practices or social cohesiveness of the community. (f) Or in any other way be contrary to the intent of this Chapter or other applicable City Code provisions. If the Council shall determine that the special conditions applying to the structures or land in question are (a)peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located and, (b) that the granting of the application is necessary for the applicant and, (c) that granting the of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan and, (d) that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty, (e) the Council may grant such variance and impose conditions and safegaurds therein. BACKGROUND/HISTORY When originally platted in 1985 Lots 1 and 2 were to be developed as two four-plexes (8 two-bedroom units). Later the site plan was revised and approved for a 20 unit building (10 one-bedroom and 10 two-bedroom units). That plan approval has expired. EXISTING CONDITIONS The platted lots are currently vacant. The area was previously graded and is devoid of any vegetation. SURROUNDING USES The following existing uses,zoning,and comprehensive guide plan designations surround the subject property: North- Wescott Hills Third & Fourth Additions : zoned R-3; guided D-III. South- The Woodlands North Fourth Addition; zoned PD -R-3; guided D-IL East - Wescott Square; zoned R-3; guided D-III. West - Wescott Hills Revised Third Addition; zoned R-4; guided D-m. COMPATIBILITY WITH SURROUNDING AREA The Comprehensive Land Use Guide Plan designates this area as D-III Mixed Residential (6-12 units/acre)., The area is surrounded by townhome development, with the exception of the vacant property abutting this development to the west. The proposed development is compatible with the surrounding area's land use. (4r2 Planning Report - Wescott Hills Revised Rezoning 2nd Addition February 28, 1995 Page 3 EVALUATION OF REQUEST Introduction. When R-3 or R-4 platted land is proposed for development,involving more than one structure,City Code requires that a development plan be reviewed by the Planning Commission and approved by the City Council. The plan is approved for three years. When the plan expires a new plan must be reviewed and approved. The developer is proposing the Rezoning to R-3 (townhouse) to allow construction of two buildings for a total of six townhouse units on the Lots 1 & 2, Block Z Wescott Hills Revised 2nd Addition.The current zoning of R-4(multiple)would allow for a much higher density. The last proposal approved by the City for these two lots was to allow a 20-unit(10 one-bedroom and 10 two-bedroom units) apartment building. The developer is proposing a reduction of 14 units on the two lots from the former proposal. The buildings proposed are single level, slab on grade, with maintenance free exteriors. Each unit is 1,360 s.f.with two bedrooms,one and three quarter bath and a two car garage. Rezoning. The proposed rezoning from R-4 to R-3 would be compatible with not only the City's Comprehensive Land Use Guide Plan, but would also be more compatible with the way the area is developing in a much lower density than was previously anticipated and zoned. Site Plan and Variances: Density: The proposed density for the project is 6.74 units/acre. : Lot 1, Block 2 is 24,565 s.f. Lot 2, Block 2 is 14,343 s. Setbacks: Lot 1:,The developer has requested a Variance of 18'from the minimum 30' setback from public right-of-way (Ivy Lane) and a 20' setback variance from the 30' minimum sideyard setback (west property line) for an R-3 district. Lot 2: A 20' sideyard setback variance for the east property line has also been requested for Lot 2,as well as an approximate 16.6'variance to the west property line. Additionally, a variance to the required minimum lot area of 6,000 s.£/unit in an R-3 district is requested. Lot 2 is 14,343 s.f.,the developer is proposing 4,781 s.£per unit; or a Variance of 1,219 s.f per unit (3,657 s.£ total). The maximum building coverage in a residential district is 20%. The developer is requesting a 28.4%, or a Variance of 8.4% to the maximum. (C71 C2 Planning Report - Wescott Hills Revised Rezoning 2nd Addition February 28, 1995 Page 4 If the Variances are approved, the buildings would have a 20' separation, the building on Lot 1 would be 12' from the property line on Ivy Lane, and the building on Lot 2 would be.13.6'from the west property line abutting the undeveloped Lot 17, Block 1, of Wescott Hills Revised 3rd Addition. Landscaping-The landscape plan as submitted is generally acceptable. However,the plan should show minimum size of plantings in accordance with the City's minimum requirements. Also, the plan should indicate that an underground irrigation system will be installed and maintained. The revised plan will be reviewed and approved by staff prior to issuance of the building permits. Grading/Wetlands - This site has been graded with previous projects. The City's 1964 contour map shows that the area where the proposed buildings will be located was a hill at elevation 891. Then to the west of the site on what is now Lot 15, Block 1, Wescott Hills Revised 3rd Addition was a wetland with bottom elevation of 862. To the south of this site in the area of what is now the Trails End Road and Ivy Lane intersection was a wetland with bottom elevation 879. • When the City upgraded Trails End Road along the south edge of this site in 1991 the City removed some excess fill material from this site. The grading was required to upgrade Trails End Road to an urban street section. The preliminary grading plan shows that an area of approximately 0.6 acres will be disturbed by the grading to prepare,this site for the proposed buildings and driveways. The developer proposes that a maximum of 8' of fill will be added in the northwest corner of the westerly building and a maximum of 2'. of cut will be required in the front yard area of the two buildings. The final grading plan will need to be revised to show the surrounding areas around this site for 100'. Also,the developer did not include any notes on how erosion control or vegetation re-establishment would be addressed. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards.- The preliminary grading plan shows that a 20' -30'wide strip along the west property line will be graded on the adjacent property. The developer shall obtain a slope easement from the adjoining property owner to the west to allow the slopes to be graded at a maximum of 3 to 1 slope. There are no wetlands located on this site. 7,1, Planning Report - Wescott Hills Revised Rezoning 2nd Addition February 28, 1995 I Page 5 Storm Drainage/Water Ouality - This 0.89 acre development is located in drainage basin E. The storm water run-off from this development eventually drains to Pond EP-2 which is currently classified as a nutrient trap in the City's Water Quality Management Plan. The City is considering purchasing the property.around Pond EP-2 for future development of a community park facility. The existing storm sewer system in this area can accommodate full development of this site without providing any ponding. Sanitary Sewer-Sanitary sewer of sufficient size, capacity, and depth is readily available to serve this site. A 12" sanitary sewer line was constructed in Ivy Lane (which was called Mike Collins Drive at the time of its installation), but City records do not show that sewer services were provided to this site. An 8" sanitary sewer was extended along Trails End Road on the south edge of this site in 1991 and sewer services were not provided to this site. The developer intends to extend an 8"sanitary sewer line to this site from an existing 8"line that is located west of this site by approximately 60'. This development will be required to obtain easements from the adjoining property owners to allow for this sewer extension to occur. Watermain-Watermain of sufficient size,pressure and capacity is readily available to serve this development from an existing 8"water line that is located in the west boulevard of Ivy Lane. The preliminary utility plan shows connecting to this existing water line and extending the line through this site to the west property line. City staff feels that the water line needs to be extended to an existing 8"water line that is located approximately 90' to the west of this site in Lot 18, Block 1, Wescott Hills Revised 3rd Addition. The developer will also need to obtain easements for the watermain extension through the adjoining properties to the west before the building permits can be issued for the proposed construction on Lots'1 and 2 of this site. There is an existing hydrant located at the intersection of Ivy Lane and Trails End Road and this hydrant will provide adequate fire protection to this development. Access-Street access is available to this site from Trails End Road to the south or Ivy Lane to the east. The preliminary site plan shows that the driveways will connect to Trails Ends Road to the south. The preliminary site plan shall be revised to shift the driveway on the most easterly unit out of the area where the existing catch basin on Trails End Road is located. The preliminary site plan shows that the driveway for the most easterly unit would connect to Trails End Road right in the center of the existing catch basin. This existing catch basin receives approximately 4 c.£s. of storm water run-off from the adjoining developments and the City does not want a different type of casting to be installed on this catch basin. /e9. f Planning Report - Wescott Hills Revised Rezoning 2nd Addition February 28, 1995 Page 6 The existing curb on Trails End Road is a B618 style curb and gutter, therefore, the proposed driveways that will connect to Trails End Road will require the removal of the B618 curb and gutter and the replacement with a driveway opening as per Eagans'Standard Plate No. 400. Easements/Permits -This development will be responsible for insuring that all regulatory agency permits are obtained prior to building permit issuance. Also,all permanent drainage and utility easement for off site utilities shall be acquired prior to building permit issuance. _ A slope easement may be required from the adjoining property owners to allow for grading to occur that meets the City's requirements of a 3 to 1 slope. SUMMARY/CONCLUSION: Rezoning; The developer has requested a Rezoning to R-3 which would allow the townhouse use. Developing a total of six units on both lots would be a considerable reduction in the potential density available with the R-4 zoning. Rezoning the site to R-III would put the property in conformance with the City's Land Use Guide Plan. The area surrounding this corner has developed as townhomes and north of Lots 1 and 2 (the backyard) Wescott Hills Third Addition was developed as one 4-pleat. Site flan and Variances: As previously outlined,the proposed development will need many variances to accomplish the proposed site plan development. The only way to avoid the variances would be to reduce the number of units in each town house cluster from three to two units. ACTIONS TO BE CONSIDERED: Rezoning. To recommend approval/denial of the requested rezoning from R-4 multiple residential,to R-3 townhouse. Site Plan: To recommend approval/ denial of the proposed site plan. If recommending approval of the proposed site plan the following variances will be approved: 1. A variance of approximately 18' to the minimum 30' required setback from public right-of-way, and a Variance of 20' to the minimum sideyard setback of 30'. 2. A Variance of approximately 20'to the required 30'building setback and a Variance of 16.6'to the minimum 30'required sideyard setback. Secondly,a variance of 1,400 s.£/unit (4,200 s.f total) to the minimum 6,000 s.i: lot area requirement. And lastly, a Variance of 8.4% to the maximum 20% building coverage. /017 Planning Report - Wescott Hills Revised Rezoning 2nd Addition February 28, 1995 Page 7 If the recommendation is to approve the Site Plan and Variances, the approval shall be subject to the following: Utilities 1. The watermain layout shall include a loop from the existing 8"watermain in Ivy Lane and connect to the existing 8" watermain in Lot of Wescott Hills Revised 3rd Addition. • Easements 2. The developer shall obtain permanent drainage and utility easements prior to issuance of a building permit for the utility lines located beyond the boundaries of the site. Amos 3. The developer shall obtain a slope easement from the adjoining property owner to the west to allow the slopes to be graded at a maximum of 3 to 1 slope. 4. The developer shall shift the driveway of the eastern building in a way to avoid the existing catch basin. landscaping 1. The revised landscape s hall be reviewed and approved prior to issuance of the building permit. Homeowners Association - 1. The developer is responsible for providing to the City for review a•copy of the Homeowners Associations Bylaws. • /30 • • • ` Rezoning.-Wilkinson . / tC.. t•TR OR NO <t! / i I INC-- \ 1 ..":"1".■...9.4144. �NW __ IE � \• C4 11\1 4 v IT ( trNl •• a• -. -.. _. • i CI PLL -- s... Aft - 9 tRWRRC M!�OWN K 11; s• ge h PT. ID-- •■•LM h. agent w _ . =E ' ),.gN 1 1z s � - . .o..rs��..'i — .ii. ritii, . I- .O�ERRr IARK-1 CAMIAGI ►��• I:•\ '1 WWmusCOLP ='tii►;::iiNt.'6-•• aW NE• - • ..,;„..-..* owl wits awn ilr. 6.• Ingot son !ip, \vrigna • . i VP, ..: ,' • R W1 1 y , ± • 3 �t14,7,0 ,ua , I { 11141, C• ` SCOTt MP to,04. -`"' a tat- },fi `t 1JZ'� !3!P . a - . ''.. q-AL. • eM- K "If Ago.. II I , . ' . 4t,. if l A. 0 ratinice s U MdRnC ` ; mammy p TR F' • ` • _. :-.-r. ER � fir„ ° kr R. 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'd� I t��U114111 l 1 , till / 4 - „r .. . • . !:, • . .L, : . ,„ ' trc :., mi li, .,...,) . ,:. _.,.,..... ..._ -._-11, / • , 1. :8.44) _ 11 . •' 1«.mewl •f•_ __ . ....11 ,1 I-5C:A • , • Hill1111 v T A \ I \}'. •,.� N.59.0 I � " P Iti N • p• .II Ni = 829.2 E �4 - ` �•ZAA9•.7 M Wt 6. . r..: - 644.0 8720 .7t ■ 1 � a ' hllll. '� 1 _ i -401 ' JiVh' liI _ i • • EP- ,� �I� IR'' �n /.ti ---. •PHE I, EAGA INDUS s� � '•• - • �CO. R• •28 Ire! NO. ADD. • . . a!! GP-' ', �y�111 IR�!'2DO. { 862, 1l 3 w_ r -} II II/.- HILLS a 1\iit------ �,.. � • ciapH : . _ _ 44 JP-33:1 E► r f E i. GAR/3EN` ligat _. ._ 8795 885.5.1 � . 3 r i4 ± - MS 864 3 85'A JP- 8 JP-17 \--s '� do&" - - �� - 33 T4 8580 =mss.. 1 ....= ' Mr: - ! P-4.. wit �� tS-16A 121 WESCOTT t t \ (" 4. o-1�j`� 888.: . j - � j- : 1i A / S_ STATI `.ajlk I` ~�� 89162 = �,' ! �Y . �� - 8 ' '.. �i J6086 *III ate, = s tpii .l . 1 ` 4, ' *. it 1699 i 111 .I.q...w.4r.=4;-17:, ‘ :. _.,:..::4p7-*.\-. 4,._ 7• • • 9.1 :4.7AN 1 " 1 8 1R P0"--1. W '%:f i. 4.1- • .mss• ,, - t- .\f•' p .l rii -3'r ` LARUE •" • m„-Vr � 4' • �,�9 .•1 .ao if ,i AY' - PROJECT SITE f • FIGURE No. 17 STORM SEWER LAYOUT • AMEND • ;; ;MOPS ARW 1 :9 a MAP STOW SWIM SiMA INOWN4 1.84440 ♦---..- STOW LWT STATION 0,4I041 • ORM LLR STATOoi b•rn0 0 STORM/ONCE WN . CITY OF i MAJOR°^ °M ---= VOW RORMA�WATER ISM. .. 100.0 .- EAGAN / '� � 101b 1�4 WATER LML � LTOC.O J♦J/ ' ~LAND EM/NSE MUTE 1 , N ■...,% \, . �cEw,ER N 7 N F� . ...-- •; , iN0A 1 I� c: . • I . . • -- 12 I �� tT1 ' '• N-JJ JJco ,�•::i. ilk % OrAwu "7:tos . lc?, I...6.Wt ---t _1,..4.1,:!,1 1,.1 tili: S‘ i 1 ji/ ." k \ A ..15" . AQDITl WEST ITT "9O ` • i CARRIAGE Jl. .. Pa HILLS " _. i ---- Y ISi _` s GANDCNNI J , N ^ N �Z . •�� ';,• i ' II \ \ , LrrIL ►crtlGt N "j 12 \fl 1 I . ' E aC:�1'T•:-:f 0 ii ,; X41 .4/. .....- 9" - -° = 1.:::;,,;I �. b: ' ,'e%h� •` �' AI t'}?it„'Si,'Y, .••!1!...C.44) -.'4'41719 '....2:4;I:li.: .0 0 , +ate 16s2cti'DuLoall"-'4T.1:4;1..._ , Rey !�\`� '1 i 101/ f '' f , ' • . ,.'-;•; • . ' I N • jvES JT}L Itljjt�Al �� t 811 }: ls, ;'ii ti�.(;1':t �:.......... ...: „.1 rifilliltiW1 le " 3B 1 4 . . . , ....,,....„:-..,1,sit ,.-..,;,e.1 i (.-1.-•-. .. .• , ‘ . • f••,s,!.."......r : - PROJECT SITE FIG. NO. 7 ' SANITARY SEWER TRUNK LAYOUT CITY OF • EAGAN6I Iqj . . , \ • Agenda Information Memo March 7, 1995 City Council Meeting ORDINANCE AMENDMENT/CHAPTER 11 (ZONING) E. Ordinance Amendment, Chapter 11 (Zoning) regarding exterior building materials requirements in I-1, Limited Industrial Districts—At its meeting of February 28, 1995, the Advisory Planning Commission conducted a public hearing on a proposed amendment to the zoning code that would establish architectural standards or requireme tt"�%, Minutes of the,Planning Commission meeting and the staff report are enclosed on pages 4_S through/ (. Dale Huber, representing Northwestern Mutual Life, attended the meeting and raised the issue whether FabCon type precast panels would be permitted. To clarify that such a panel would be permitted, the Planning Commission suggested further modifying the language of the proposed ordinance. This amendment is enclosed on page l (717 The Planning Commission recommends approval of this amendment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to Section 11.10, Subdivision 30 of the Eagan City Code regarding architectural standards for industrial buildings. • • / �� SENT BY: 3- 3-95 ;10:120 ;SEVERSON WILCOX StEL-+ 612 681 4612;#18/20 Pige 19 Bin aof 28,199S amnSORYPLANNE4oCoMmiSsioN ORDINANCE AMENDMENT - INDUSTRIAL ZONING DISTRICTS: EXTERIOR BUILDING MATERIALS* Chairperson Miller opened the next public hearing of the evening regarding an Ordinance Amendment to amend Chapter 19., that specifies allowable exterior building materials for buildings in Industrial Districts. City Project Planner !dike Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's memorandum dated February 21, 1995. Mr. Ridley noted that the proposed ordinance amendment was prepared at the City Council's . dir otive to staff. Mr. Ridley further noted that the proposed ordinance amendment was based on similar ordinances from • surrounding communities. Dale Huber, representing Northwestern Mutual Life, owner of a number of acres of industrial land in the Eagandale Industrial Park area inquired as to whether the ordinance amendment would allow fabricated concrete tip-up panel material. community Development Director Reichert stated that she believes it does but that the draft could be amended to specifically provide the acceptability of such material. Isberg moved, Hey1 seconded, a motion to recommend adoption of the Ordinance Amendment regarding Chapter 13, entitled "Subdivision Regulations (Platting)" by amending Section 13.10, r garding requirements of preliminary and final platting with respect to permissible exterior building materials as amended by ale permitting specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture and smooth concrete block if scored at least twic . All approved in favor. lq3 8-94X 612 432 3780 03-03-95 10:04AM P018 #10 MEMO _._.city of eagan • TO: Chairman Miller and Advisory Planning Commission Members THROUGH: Peggy Reichert, Community Development Director FROM: Mike Ridley, Project Planner„ DATE: February 21, 1995 SUBJECT: Exterior Building Materials - Industrial Zoning Districts BACKGROUND The City Council has directed staff to prepare an ordinance amendment to Chapter 11 that specifies allowable exterior building materials. The goal of the Council is to set standards to insure quality building materials . The City Council has indicated that metal or pole buildings are unacceptable in industrial zones in Eagan at this stage of the City's development. The City Code currently does not regulate exterior materials in any commercial or industrial zoning district; however,the Council has been operating with an informal"bricks or better"policy for commercial districts for some time. Research was done to determine what other communities require in regard to exterior materials in industrial zones. RESEARCH The following represents a sample of industrial zone building material criteria found in City Codes of four surrounding communities. APPLE VALLEY • Industrial buildings shall have a vertical exposed exterior finish of 100% non- ' combustible,non-degradable, and maintenance free construction materials(such as face brick, natural stone or decorative concrete block but excluding such construction materials as sheet or corrugated aluminum,iron,plain or painted plain concrete block or similar). Any decorative concrete block shall be colored only by q (1 means of a pigment impregnated throughout the entire block. Exterior roof finishes shall preclude the use of exposed or plated metal; any metal surface shall be coated or anodized with a non-reflective, glare-free finish. BURNSVILLE Major exterior surfaces (75%) of all walls shall be face brick, stone, glass, stucco, synthetic stucco, architectural metal panel system, architectural concrete, cast in place or precast panels, or decorative block. Wood and metal may be used as accent materials (25%), provided that they are appropriately integrated into the overall building design and not situated in areas which will be subject to physical or environmental damage. EDEN PRAIRIE In Industrial Districts,seventy-five percent(75%),of the exterior building finish shall consist of material comparable in grade and quality to the following: 1)face brick; 2) natural stone; 3) glass; 4) specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture and smooth concrete block If scored at least twice; 5) rock face. MENDOTA HEIGHTS Exterior wall surfaces shall be any one or more of the following: 1. Face brick or natural stone 2. Professionally designed pre-cast concrete units If the surfaces have been integrally treated with an applied decorative material or texture, or decorative block if Incorporated in a building design which is compatible with other development throughout the district. 3. Factory fabricated and finished metal framed modular panel construction, If the panel materials are any of those listed in 1 or 2 above, glass, prefinished metal (other than unpainted galvanized iron) or plastic used in accordance with the building code requirements. 4. No building exterior shall be constructed of sheet aluminum, asbestos, Iron, steel, or corrugated aluminum. SUMMARY All of the communities surveyed prohibit metal buildings while specifying acceptable materials. The basic differences concern the percentage of a particular type of exterior material(s) required and accent materials allowed and in what instances. • CONCLUSION The amendment proposed by staff was chosen because: 1) Metal buildings are prohibited; 2) It provides the property owner more flexibility than 100% exterior material compliance; and 3) It does not require the City to make arbitrary decisions based on what may or may not be construed as appropriate integration. RECOMMENDATION Staff recommends adopting the attached Ordinance Amendment which represents a combination of the ordinances surveyed. The proposed amendment prohibits certain materials and provides a sample of materials considered acceptable. • • ( (40. DRAFT ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.10,REGARDING GENERAL PROVISIONS;AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. the City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.10, Subd. 30, to read as follows: Subd. 30. Architectural Standards. Industrial buildings shall have a vertical exposed exterior finish of seventy-fiye percent (75°M non-combustible. non-degradable. and maintenance-free constructionj materials (such as face brick. natural stone or decorative concrete block but excluding such construction materials as sheet or corrugated aluminum. iron. plain or painted plain concrete block,or similar). Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block.Any metal surface shall be coated or anodized with a non-reflective. glare-free finish. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, 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: . CITY OF EAGAN City Council By: E. I VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: • 1 Agenda Information Memo March 7, 1995 City Council Meeting ORDINANCE AMENDMENT/CHAPTER 11. SECTION 11.05 •F. Ordinance Amendment,Chapter 11,Section 11.05,extending development moratorium to October 3, 1995 for Southeast Industrial Land Use Study—At its meeting of February 28, 1995,the Advisory Planning Commission conducted a public hearing on an amendment to the ordinance establishing a development moratorium for the southeast industrial land use study. There were no persons in attendance at that me ng. The minutes of the Planning Commission and the staff report are enclosed on pages ( through 1,Y,3 The Commission recommends approval of the moratorium to October 3, 1995. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to Chapter 11, Section 11.05, extending the development moratorium for the southeast industrial land use study to October 3, 1995. 1 4P SENT EN: 3- 995 ;10:121M ;SEVFRSON WILAOX SIEL-i 612 681 4612+#19/20 Pme2O Manly y 20,1995 ADVISORY PLANND G COMMISSION ORDINANCE AMENDMENT - EXTENSION OF SOUTHEAST INDUSTRIAL AREA DEVELOPMENT MORATORIUM • ' Chairperson Miller' opened the next public hearing of the ev ning regarding an Ordinance Amendment providing for the ext neion of the Southeast Industrial Area Development Moratorium to October 3, 1994. Community Development Director Reichert introduced this item. Ms. Reichert highlighted, the information presented in her mem random to the Advisory Planning Commission, dated February 24, 1995. Ms. Reichert stated that the necessity of the extension of th moratorium is to allow the City to complete the commercial land study, follow and act upon the conclusions of the study, and permit time for Metropolitan Council review. Member Hiller xpreesed concern that the moratorium into October mill effect - valuable building/development season in Minnesota. Member Segal stated that at a recent neighborhood meeting the property owner's knew the necessity of an extension in order to complete the study • and to do any necessary rezoning. Member Miller conversely stated that area residents have! called him and expressed objections to any (extension. Member Hetyl stated that because the subject area inv Ives opposite zones; Iindustrial and residential-a moratorium ri `development is necessary in order to avoid the construction/development of structures which will become nonconforming once the y rezoning is complete. Member Carlson stated that through her experience in her neighborhood, a moratorium was a comfort zone because the residents knew that no new bonsrtruction or development would be taking place. Hey' moved, BurdorA seconded, a motion to recommend ad ption of the Ordinancd Amendment providing for the extension of th Southeast Industr =1 Area Development Moratorium to October 3, 1994. All approved in fa •r. • • 1 • • f • • • ' 4 ) (E1 •• H R-94% 612 432 3780 03-03-95 10:09AM P019 #10 • MEMO city of eagan TO: Advisory Planning Commission FROM: Peggy A. Reichert, Community Development Dire DATE: February 24, 1995 SUBJECT: Extension of Development Moratorium for Southeast Industrial Area. Introduction Last fall, the City Council established a moratorium on development in the southeast industrial area of Eagan to allow time for the determination of the appropriate long term land use designation of the ,area. The area is currently guided D-1 (single family residential) but is zoned I-1 (light industrial). The moratorium was set to expire on April 4, 1995. Although the land use study for this area has been initiated and several work sessions of a joint APC-EDC subcommittee have taken place as well as two meetings with the affected property owners, this land use issue will not be fully resolved by April 4, 1995. The need to extend the moratorium has been discussed briefly with the City Council and the Council has indicated a willingness to consider extending the moratorium. Because the moratorium is established as a provision of the City's zoning code, the Planning Commission must conduct a public hearing on the proposal and make a recommendation to the City Council. The public hearing on the moratorium has been scheduled for the APC meeting of February 28, 1995. The affected property owners have been told of the need to extend the moratorium at the last work session with them. • Anticipated Schedule At this point, it is anticipated that the SE Industrial study will involve the following steps and timetable. March 9 APC work session to determine appropriate land use and zoning March 23 EDC consideration of APC recommendation April 13 or 25 APC public hearing May 16 CC action • ��il • If the final decision is to retain the residential land use designation and rezone the property to residential, the moratorium could be lifted by June. However, if the land use designation is to change to either industrial or a higher density residential, this plan amendment will be subject to Metropolitan Council review. This could be a short 10 day review, or a longer 90+ day review depending on the issues involved. To cover all possibilities, the moratorium would need to be extended until at least October. This would allow for Metro Council review and then follow up action in September by the City Council to finalize adoption of the plan amendment as well as any associated rezoning. Metro Council review requirements were not factored in to the initial time schedule and the setting of the April 4 termination date. In any event, we would like to proceed expeditiously with resolving this land use issue and lift the moratorium as soon as possible. Action To Be Considered To approve or deny a recommendation to the City Council to amend Chapter 11.05 (C) regarding the extension of the moratorium provision for the southeast industrial area changing the ending date to October 3, 1995. l fI ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY Or EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED 'LAND USE REGULATIONS (20NING)' EY AMENDING SECTION 11.05(C) REGARDING TEE EXTENSION OF THE MORATORIUM PROVISION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan doss ordain: Section 1. Eagan .City Code Chapter 11 is hereby .amended by 'changing Section 11.05(C), to read as follows: C. Commencing on the effective data of this ord3nanaa and ending on Apdit .1, 199: ',etcher 3 1995, or uch sooner time as the City Council may determine, the Property shall be subject to the following: (i) no building permit for the construction, reconstruction or alteration of any structure shall be issued except for permits for the necessary repair of 'existing buildings as determined by the City Council. • (ii) no proposal for rezoning or comprehensive plan amendment shall be approved by the Planning Commission or the City .Council. (iii) no portion of the -Property shall. be replotted or subdivided except for the purpose of • consolidation of parcels of land into single ownership. (iv) no permit or license shall be granted for the installation of utility services, the construction of public utilities, the grading or excavation of land or the extraction of minerals. (v) ho- conditional use permit or variance shall • • - be approved by the Planning Commission or the City Council. - Section 9. Eagan City Coda Chapter 1 entitled ',General Provisions and Definitions Applicable to the Entire City Cods Including 'Penalty for violation,' and Section 11.99, entitled ''Violation a atisdamaanor' are hereby adopted in their entirety by reference as though sepnated varbatis. • • • • • • Section 3. Effective Dat . .This rdinanc shall tak off at . upon its adoption and publication according to law. ETZZST: cmT! OF ZAGAN city council • Sy: L J. 9anOverbeke By: Thomas A. Egan Its: Clerk Its: Kayor Date Ordinance Adopted:_ _ Date Ordinance Published in the Legal Newspaper: • • • • • • • Agenda Information Memo March 7, 1995 City Council Meeting VARIANCE/MID-AMERICA ENTERTAINMENT COJ BLOCKBUSTER VIDEO G. Variance to sign code,Mid-America Entertainment Co.,Blockbuster Video,Duckwood Drive and Crestwood--Mid-America Entertainment Co. is requesting a variance from the sign code to allow a building sign on the west side of the proposed Blockbuster Video at the corner of Duckwood Drive and Crestwood Lane. The staff report on this item is enclosed on pages LDthrough 4 While staff does not believe there are grounds for a variance in this instance, we have suggested a potential compromise should the Council wish to consider approving some additional signage. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance to the sign code allowing building signage on the west elevation of the Eagan Convenience Center. /� PLANNING REPORT CITY OF EAGAN REPORT DATE: March 1, 1995 CASE #: 15-V-2-2-95 APPLICANT: Mid-America Entertainment Company HEARING DATE: 3-4-95 PROPERTY OWNER: K Charles Properties Inc. PREPARED BY: Erik Slettedahl REQUEST: Sign Variance (Blockbuster Video) LOCATION: Duckwood Drive and Krestwood Lane (NW1/4, Section 15) COMPREHENSIVE PLAN: CSC, Community Shopping Center ' ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST Mid-America Entertainment Company is requesting a variance from the City of Eagan sign code to allow a building sign on the west side of the proposed Blockbuster Video store at Lot 1, Block 1, Eagan Convenience Center, located in the NW1/4 of Section 15 on Duckwood Drive at Krestwood Lane. CODE INFORMATION Section 4.20, Subd. 5, A. of Eagan's City Code states that no more than one business sign for each major street frontage shall be permitted on a building for each business located within such building. BACKGROUND/HISTORY City Code also allows one freestanding sign per building. In 1992, Tires Plus began leasing space and operating, under conditional use approval, In the portion that had previously housed restaurants. As part of the lease agreement, the property owner granted Tires Plus full control of the existing pylon sign. On May 3, 1994, the Eagan Convenience Center was granted a 27 s.f. variance to exceed the maximum 125 s.f. pylon sign face area allowed per side as stated in the City Code. This extra 48 s.f. of sign area was to provide identification for the remaining tenants. According to the applicant, the hardship in this case was that, besides Tires Plus, additional signage was needed for the other tenants to generate more exposure from Pilot Knob Road. Under these approved conditions, the existing pylon sign now provides a 1' x 6' identifying sign area using a readerboard style lettering. /�J REVIEW The Blockbuster Video Store is proposed to occupy the western half of the Eagan Convenience Center but only frontage on Duckwood Drive is allowed building signage. Mid-America Entertainment Company proposes a lighted, awning style, building sign that would be used on the north elevation for the Duckwood Drive frontage and continue around to the west building elevation. The awning would be illuminated in blue with yellow copy and would have dimensions of 5'x 50' (approx.) for the north elevation and 5'x 40'(approx.)for the west elevation. The proposed 36"letter copy area on both sides is 35.8 s.f.. The proposed lighted awning is not of similar design to the existing building signs at the Eagan Convenience Center. All other building signs attached to the front elevation are of an individually lit block letter style. Tires Plus has placed a red awning over two windows, however, the awning is not internally lighted and no signage is attached to it. Staff had suggested the applicant propose to wrap the lighted awning around the west side of the building only far enough to meet the beginning of the store frontage (approximately 3 to 4 feet) and limit signage on the west side to the Blockbuster ticket stub logo. HARDSHIP • According to the Mid-America Entertainment Company, the hardship in this case is that allowed signage on the Duckwood Drive frontage and the small readerboard space on the pylon sign is inadequate for exposure to Pilot Knob Road. SUMMARY/CONCLUSION There does not appear to be a unique hardship associated with this request. The Duckwood Drive sign frontage and available readerboard space on the current pylon sign does not provide business identification from Pilot Knob Road; however, very few businesses in the Town Centre area have visibility from Pilot Knob Road. The proposed building sign on the west side of the building is quite large in relation to the building elevation and the existing signs because of the large lighted area of the awning. Should the Council wish to deviate from the Sign Code, it may be appropriate to limit the lighted awning on the west side of the building to approximately 3 or 4 feet and reduce the size of the sign copy to be.more consistent with the spirit of the Code and existing building signage. • • ACTION To approve/deny a variance to the Sign Code allowing building signage on the west elevation of the Eagan Convenience Center. Approval subject to the conditions listed below. 1. Awning on the west elevation shall be limited to the beginning of the store frontage (approximately 3 to 4 feet). 2. Signage on the west elevation shall be limited to the Blockbuster Company logo. • • • • • /3 7 • • V. ... �I.Q.F .. 330;sy. ::f it ti~.1. -. .. 341/''t•14x1' t w► . @I . I- , I - Srvt>r► .1S31l�� •Ina // -� .r•r;4.. 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G• - .r!d 0000311-9 �, Ol•in dOOMNUU -f t b Id AvMNON -I as 1J HMG -f y:5411-• 8S AYYVIIO VI M - 1 IJ OfYrlWl -1 - 1 0' 'ro ilc NOIH = , � NOM 3 a w 1.5) o '- 1 I- . , . • ° - . .in .• iv 3N -\,:':"•tri,t\ !Halt —031A313al p1 n wl' a,a j o 1 � A'�� H a. .\ ft?: . • 1` a 9 I- '03 1 Oa *9 80ug!Jen- 00 4U3 uW P!W • - /�1 U • < • • • x13, '95 14:48 BIC..P.A. 921-8351 PS/2 • EXHIBIT "A" rd • • i ,_ .� r1 . d - • N . 71 .0 2 Gd CO Ji � 741 ~ t e• vC v �� _ n_ „L., . ... _,%,,,,i; „. .. .0 . ..... .I. .. ° .0 Y 70" --. 1* <1 E a n E n , f r_ iltri. :: ! is vv. 1:4 . . , : E a mi - . • ' !r I �► of v a . Fii 11 - Z — — �,,,. _.._y o < i O v • A r a 7 — • _ ••_ ... , 1 g _...) , \\\..,V: r 4 '4(i s ') 'rr411 s•';% •••i'ii:e•+`V air 11 J QD O N • ` r G) \ 1'us' C • • w _ � • N Mil ' ` a - / IUD • ,• • try /1 a wr 0 tit 0 \ • . 21( Wi N Myf C • w 1• .1/' l O C BLOCKBUSTER VIDEO �. CO SPACE - _� CO • r • Duet pooMisant ��► - raT�TT V!A G - l • • I II _ t [310C-11BIgTBR UDE 1.0 %manor . - NORTH ELEUCCRON AWNING "• .1 . • ar COPT OM OM PT. 'Or , 1 BIOICKBUSTP E - • . WIEST ELEISPOIN PROPOSED • AWNING Or --r— E , I . 1 - A. • . . . / & STAFF ALTERNATIVE Agenda Information Memo March 7, 1995 City Council Meeting PRELIMINARY SUBDIVISION/FINAL PLANNED DEVELOPMENT/ CONDITIONAL USE PERMIT OAK CLIFF EIGHTH ADDITION/PENN CYCLE.INC. H. Preliminary Subdivision,Final Planned Development,and Conditional Use Permit,Oak Cliff Eighth Addition/Penn Cycle,Inc.,south of Cliff Road,west of Slater Road—Penn Cycle Inc. is requesting approval of a final planned development and a preliminary subdivision for one lot on .8 acres and one outlot on 3.6 acres and a conditional use permit for a pylon sign located in the Oak Cliff Eighth Addition, south of Cliff Road, west of Slater. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of February 28, 1995. The staff report and minutes of the Planning Commission meeting are enclosed on pages through . The major issue discussed by the Planning Commission related to signage on the building. Because this building will have its front facing eastward,the Planning Commission agreed to permit additional signage on that building facade, as well as the north facade, fronting on Cliff Road. The Planning Commission recommends approval of the final planned development for the Penn Cycle shop, the preliminary subdivision and the conditional use permit for the pylon sign subject to the conditions set forth in their minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a final planned development for Penn Cycle, Inc./Oak Cliff Eighth Addition, subject to the conditions recommended by the Planning Commission; 2) a preliminary subdivision for one lot on .8 acres and one outlot on 3.6 acres subject to the conditions recommended by the Advisory Planning Commission; and 3) a conditional use permit for a pylon sign for Penn Cycle, Inc. • /6e I SENT BY: 9- 3-85 ;10:05AM ;SEVIMSON WILCOX SH .-' 612681461243/20 - Page4 Fdxueey 28,1993 ADVISORY PLANNING COMMISSION OAK CLIFF EIGHTH ADDITION - PENN CYCLE, INC. • PRELIMINARY SUBDIVISION, FINAL PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT chairperson Miller opened the next public hearing of the ev nin regarding Penn Cycle, Inc. , request for approval of a Preliminary Subdivision of one lot (.82654 acres) , a Final Planned Development for a bicycle shop and a Conditional Use Permit for a pylon sign located on part of outlot A, Oak Cliff Addition, south of Cliff Road in the IOW% of Section 31. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the city staff's planning report dated February 23, 1995. Ms. Tyree noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Tyree noted that th proposed final planned development, a bicycle retail shop, is compatible with the site, the surrounding area and the planned development. Ms. Tyree further noted that the site plan proposes the building and signage to match that of the Super America Station adjacent to the subject property. Ms. Tyree further noted that the applicant request building signage on the north, south and est sides of the building; signage on the south and east side of the building is not permitted by Code. Tyree Stated that this signage is requested by the developer due to the two-street frontages of the building. The applicant is further requesting a conditional use permit for a pylon sign in the northwest corner of the subject property. Ms. Tyree noted the proposed grading, storm drainage/water quality, utility, and access/street design plans.! The applicant, Vernon Colon stated he has no comments to 'dB, but he introduced the project, architect, Steve Irwin of Pope Associates. Mr. Irwin also stated that he did not have a lot to add to Ms. Tyree's presentation and that the Plan is *straight forward." In response to Member Segal's inquiry, Ms. Tyree advised that the proposed outlot consist of the remaining developed land for the planned development. Member Carlson feted her recent near accident on Oak Cliff Lane while viewing fih property. She stated that there was no Stop sign and obvious - traffic confusion by the motorists. Member Carlsson further inquired with the applicant as to why there is a proposed *right- , in only" off of Cliff Road if the County is attempting to (( egulate the traffic flow on Cliff Road. Mr. Colon responded that , the County has jurisdiction of traffic control on county roads and that it authorized the "right-in only" off of Cliff Road ch will provide less traffic at the intersection of Slater cad and Cliff Road if there was no "right-in only* turn. . Mr. Colon inquired with the staff as to .whether it would be pvsssibi that this item be on th March 7, 1995, City Council deeting as oppos d to th scheduled March 21, 1995, m sting. . SENT BY: • 3- 3-95 ;10:05AM ;SEVERSON WILCOX SI$7..4 612 681 4612;# 4/20 Pages Feblemy 26,1995 ADVISORY PLANNING C7ONINflSSION Community Development Director Reichert advised Mr. Colon that th March City Council agendas have been prepared, but she will check into whether it is possible to put this item on the March 7, 1995, City Council nesting agenda. Member Heyl stated that the proposed use is a good addition to the area and that the applicant has done a commendable job' with providing good aesthetics between the proposed building and the super America building. Heyl stated, however, that the City Code should be followed with respect to the signage regulations and that a condition to the site plan approval should be added under which building signage on the south and east side of the pr posed building is prohibited. Mr. Irwin, advised the Commission that the proposed building signage covers, approximately two to three percent (2-3*) on the est side of the building and five to six percent (5-6%) on the south side. Mr. Irwin further stated that there is precedent within the City to allow multi-sided building signage where the building has multiple frontage. Mr. Irwin cites the Kinky and Payl ss stores in Town Centre development. Member Reyl responded 1 that the proposed development is not similar to the Rink° and Payl ss stores because the proposed development is on Cliff Road with no visibility concerns as was faced by the Rinko and Payless stores in the Town Centre development. Heyl stated that the Commission should not set a, precedent that in effect says the City will relax its signage regulations. Community Development Director Reichert stated that the east ands uth side of the building face private streets and the front f the building does not face Cliff Road but rather the private stre t to the east. Reichert stated that the only building si4gnage be on the front of the building (which will be facing a private street) . Member Miller stated that the Commission should o nsider the fact that the building faces a private street and .! allowing signage on the east and south side will not adversely aff at the aesthetics of the area. Member Hey1 agreed that the business front, which faces a private street, does need signage belt noted that there .is still no need for signage on the south side. Mr. Irwin, in response to Member Burdorfrs inquiry, advised 'that the proposed building signage is individual lighted letters. Th owner of Penn Cycle, Pat Sorenson, stated that his company - strives to have similar looking buildings for identification purposes and wants signage for people to see. . th' Member Segal moved, Wallace seconded, the motion to approve e Final Planned Development for a bicycle shop, ° permitting • building signage on the north, east and south sides of the 1 building located on part of Outlot A, Oak Cliff Addition, south is Cliff Road in the NW% of Section 31, subject to the following e nditions: I I . (-e3 R-94% 612 43,2 3780 03-03-95 10:09AM P004 #10 SENT BY: 9- 9-95 ;10:06AN ;SEVRSON WILCOX S[EL-' 612 681 4612;# 5/20 Pye6 Febrary 25,1995 ADVISORYPLANNINO COMMISSION 1. A 6,000 s.t. Penn Cycle bicycle sales/ repair shop is approved for Lot 1, Block I., Oak Cliff 8th Addition. 2. The bicycle shop will constitute the Final Planned Development for the proposed Lot 1, Block 1, Oak Cliff 8th Addition, which requires the developer to submit the following plans: • * Final Site Plan • Final Building Elevation Plan Final Sign Plan (show dimensions) e Final Landscape Plan (sybmitted on a grading plan) * Final Lighting Plan • 3. The on-site parking requirements shall be met by the development 31 stall surface parking lot as shown on the site plan. • 4. . All trash/recycling shall be stored within the trash/recycling enclosure located within the building. 5.1 No window signage shall be permitted. . Member Heyl expressed concern that signage on only the east and north sides are necessary; that permitting signage on all thre sides will set a bad precedent for future development requests. Member Isberg concurred with Heyl. All approved in favor. member Segal moved, Heyl seconded, a motion to reoo mend approval of the Preliminary Subdivision of one lot (.82654) for a bicycle shop located on part of Outlot A, Oak Cliff Addition, s uth of Cliff Road in the NW; of Section 31, subject to the following conditions: Standard Conditions 1 7.. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, E3, Cl, C3, C4, D1, El, F1, 51, and HI. Access 8. The driveway connections to the private street system shall be constructed with I concrete aprons as shown on Eagan • Standard Plate 440. 3. The private street connection to Cliff Road shall be re- constructed in accordance with the Dakota County Highway • • fI R..9494 612 432 3780 03-03-95 10:09AM P005 #10 SENT BY: 3- 3-95 0.0:06AM MERSON WILCOX SILL-► 612681461246/20 Feluvaq 28.1993 ADVISORY P[.ANNRJO COI lSSION Departments plan to better delineate the opening as a right-in only. 4. Do not enter„ signs shall be located at the south and of the right-in only access off of Cliff Road. • • Easements 5. The developer shall obtain a slope, easement from the adjoining property to the west to allow the slope to be graded at a 3 to , 1 slope. • 6. The development shall construct a manhole on the sanitary sewer service line at the edge of the easement to allow the City to inspect and maintain the line. Utilities 7. The development shall add a catch basin on the east aide of the Penn Cycle site as shown on the Preliminary Utility Plan. Parks and Recreation • 8. The development shall be subject to a cash parks and trails dedication. All approved in favor. • Member Segal moved, Wallace seconded, a motion to reeomiMend approval of the Conditional Use Permit for a bicycle shop located on part of Outlot A, Oak cliff Addition, south of Cliff Road in the NWT of Section 31, subject to the following condition: 1. The pylon sign shall be approved and in accordance with the Final Sign Plan. All approved in favor. • • • • 1 " I ' to • • R-94% 612 432 3780 03-03-95 ' 0:09AM P006 #10 PLANNING REPORT CITY OF EAGAN REPORT DATE: February 23, 1995 CASE: 31-PP-42-12-94 APPLICANT: Elmer Sorenson -Penn Cycle, Inc. HEARING DATE: Feb. 28, 1995 PROPERTY OWNER: Vernon Colon PREPARED BY: Shannon Tyree REQUEST: Preliminary Subdivision,Final Planned Development,Conditional Use Permit Oak Cliff 8th Addition LOCATION: Outlot A, Oak Cliff Seventh Addition COMPREHENSIVE PLAN: NB - Neighborhood Business ZONING: PD -NB, Planned Development Neighborhood Business SUMMARY OF REQUEST Penn Cycle, Inc. is requesting approval of a Final Planned Development and a Preliminary Subdivision for one lot on .82654 acres and one outlot on 3.6 acres, and a Conditional Use Permit to allow a pylon sign,located on part of Outlot A, Oak Cliff Seventh Addition in the NW 1/4 of Section 31, south of Cliff Road. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to,topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development . or use contemplated. • D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. /, (eco Planning Report - Oak Cliff 8th Addition February 28, 1995 Page 2 F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bends or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled"City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization"which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully. set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. Final Planned.Development. Chapter 11, Section 1.40 Subd. 6, D., Final Planned Developments: states: "Prior to the construction or the issuance of building permits, the following information shall be approved. This may be approved in stages as the development ensues." 1. Final Plat: This shall be in accordance with Chapter 13 of the City Code and revisions thereto. 2. Final Building Drawings and Specifications: These shall be presented to the Building Inspector for review and recommendation to the Planning Commission and Council. 3. Final Site Plans and Landscape Schedule: These shall be presented to the City staff for review and recommendation to the Planning Commission and Council. These shall be scaled drawings and include all site detail. Planning Report- Oak Cliff 8th Addition February 28, 1995 Page 3 Conditional Use Permit: Required Standards; The Planning Commission shall recommend a Conditional Use Permit and the Council shall issue such Conditional Use Permits only if it finds that such use at the proposed locations: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially dinish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services,including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic,noise,smoke,fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACRGROUND/HISTORY: This property was originally part of the Winkler/Jackson Planned Development established in 1982. The entire Winkler Jackson PD is basically located south of Cliff Road and west of Slaters Road, north of the Whispering Woods Developments. It contains a variety of uses including:high density single family residential, single family residential, a park and a mixture of commercial. A five year extension was granted in 1987. In 1991 SuperAmerica platted the SW corner of Cliff Rd. and Slater Rd. This area identified on the zoning map as PD-NB was planned for five lots mostly containing retail uses with the exception of the restaurant located west of SuperAmerica and east of the proposed Penn Cycle Shop. In 1992, the PD was amended to allow the use of a banquet/deli facility. When the banquet facility and deli were being developed the private street and utilities to serve the remaining development were constructed. g. Planning Report - Oak Cliff 8th Addition February 28, 1995 Page 4 EXISTING CONDITIONS The site is located south along Cliff Road.The proposed lot is undeveloped however it has been previously graded and therefore contains little grade change and no significant trees. As previously mentioned, Oak Cliff Lane was built with Oak Cliff 7th Addition. SURROUNDING USES The following existing uses,zoning,and,comprehensive guide plan designations surround the subject property: North - **CUM M011 Ridge; zoned PD - R-1 and R-4; guided D-II and D-IV. South - Royale Cliff Banquet/ Brianno's Deli; zoned PD; guided NB. East - SuperAmerica; zoned PD; guided NB. West - Mary, Mother of the Church; zoned PF, Guided PF. EVALUATION OF REQUEST A. Final Planned Development If approved, the bicycle retail shop will constitute the Final Planned Development for the - proposed Lot 1,Block 1,Oak Cliff 8th Addition,which requires the developer to submit the following final plans: • Final Site Play • Final Building Elevation Plan • Final Sign Plan • Final Landscape Plan Compatibility with Surrounding Area The retail sales and repair of bicycles is compatible with the site in particular, and the area in general. The remainder of the existing Planned Development has been identified as retail or a restaurant use. Allowing retail is consistent with the Planned Development Setbacks All building setbacks have been met. • Site Plan The site plan is acceptable. The layout has been designed to accommodate a - 6,000 sf.building and its associated parking. The amount of parking was based on 4,000 s.£ of actual retail space not including the 2,000 s.f of shop and repair space. Required parking for this size is 27 spaces and the site plan shows 31 10' spaces. The original intent of the P.D.by the developer was to incorporate a similar building theme and signage into the development. The idea behind the design of the building and the signage was to match the Super America building as closely as possible. The proposed bicycle shop has been designed with the same architectural features as the SuperAmerica; roof peaks and matching brick Planning Report - Oak Cliff 8th Addition February 28, 1995 Page 5 Trash/Recycling The trash and recycling area will be contained within the building, therefore not requiring an enclosure. Penn Cycle prefers to locate inside due to the large - quantity of discarded cardboard. They have experienced vandalism at a store location where the trash and recycling is located outdoors. Landscape Plan The proposed landscape plan is acceptable with a few minor modifications. The plan shows.a variety of plant materials which include a couple of Red Splendor Flowering Crabs, Black Hills Spruce, Seedless Ash and Redmond Lindens. The plant mixture is acceptable; however the design of the plantings (especially along Cliff Road) needs to be revised to show more of a random plantings and/or groupings, rather than in the seemingly deliberate, systematic fashion shown in the plan. All landscaped and green areas shall be served by an underground sprinkler system. The final landscape plan shall be submitted on the final grading plan. Signage The proposal includes building signage as well as a pylon sign located in the - northwest corner of the site. The proposal indicates building signage on the three sides of the building. The signage proposed on the south and east elevations of the building are not • permitted by Code. The developer is requesting the building signage due to the relationship to the two private street frontages. A Conditional Use Permit is necessary for the proposed pylon sign, which meets all City Code requirements for height, size, and setbacks. No window signage shall be permitted. All signage will subject to the approval of the sign permit and fee of$2.50 s.£. B. Pre inary Subdivision. ,j as The proposed subdivision will consist of one lot(.82654 acre)for the bicycle shop and one outlot (3.6 acres) for future development. Parks and Recreation This development will be subject to a cash parks and trail dedication. Grading/Wetlands The proposed development consists of a fairly flat site with dense grass cover. There are no trees on this site. The area was graded by the developer in 1992 with - the Oak Cliff 6th Addition (SuperAmerica) development. The preliminary grading plan shows that a *minimal amount of grading will be required to prepare this site for the proposed building and parking lot. The preliminary grading plan also shows that a 10'strip along the west property line will be graded on the Church's property. The developer shall obtain a slope easement from the adjoining property to the west to allow the slope to be graded at-a 3 to 1 slope. • There are no jurisdictional wetlands located on this site. P1anm*g Report - Oak Cliff 8th Addition February 28, 1995 Page 6 The development will be responsible for installing and maintaining erosion control measures in accordance with the City Erosion/Sediment Control Standards. Storm Drainage/Water Ouality The eight acre commercial site development is located in drainage basin A in Southwest Eagan. The storm water run-off from this commercial development eventually drains to Pond AP-10,a shallow 3 acre pond classified as a nutrient trap in the City's Water Quality Management Plan. A small lift station serves as the outlet for Pond AP-10 and the lift station discharges into a 0.5 acre sedimentation basin which is called AP-45. The outlet for Pond AP-45 then discharges to Pond.AP-19 which is a recreational classified pond in the Slaters Acres Neighborhood Park. To protect the water quality of the down stream ponds the development of Oak Cliff 6th Addition provided a pond with 0.4 acres of surface area at the normal water level The pond is located on the east side of Slaters Road and south of the Amoco Service Station site and has been designated as Pond AP-10B. Water Quality requirements for this development and the future development of Outlot A have been met by the construction of Pond AP-10B. • The proposed storm sewer layout that will serve the Penn Cycle site will connect to the existing storm sewer that drains to Pond AP-10B. The existing storm sewer system was constructed in 1992 under City Project number 627. The storm sewer system has been sized to handle full development of this area. The preliminary storm sewer layout for the Oak Cliff 8th Addition shows construction of a new catch basin on the east side of the Penn Cycle site to collect the run-off from this development as it drains out onto the private street system. The new catch basin is needed to handle the run-off from this development without ever burdening the existing catch basin located southeast of this site on the private street system. • Utilities Sanitary sewer of sufficient size, capacity and depth is readily available to serve this site. An 8"sanitary sewer was extended'through the private street system to serve this area in 1992 under City Project number 627. The development will be responsible for constructing the manhole over the sanitary sewer service line as shown on the PreP*ninnry Utility Plan. The manhole will serve as an inspection/monitoring manhole. Watermain of sufficient size, pressure and capacity is readily available to serve this development from an existing 8 inch water line that was constructed in 1992, under City Project number 627,along the private street named Oak Cliff Lane. The Preliminary Utility Plan shows a connection to a 6 inch stub and extending a new 6 inch line up to the proposed building. Planning Report- Oak Cliff 8th Addition February 28, 1995 Page 7 There is an existing hydrant located along the south side of Oak Cliff Lane that is just southeast of this site. This existing hydrant will provide adequate fire protection to this site. Access/Street toed= Access to this site is available from Cliff Road to the north or from the private street, Oak Cliff Lane, to the south and east. Cliff Road is a four lane County Highway that was re-constructed in 1992 and a signal system was added at the intersection of Cliff and Slaters Road with County project number 32-31. The private street system in this development was constructed by the developer in 1992. The private streets connect to the north to Cliff Road and to the east along the south side of the Super America site to Slaters Road. The private street connection to the north to Cliff Road is a right-in only off of Cliff Road. The opening needs to be re-constructed with this development to better delineate that the opening is a right-in only. No right -out access is permitted. As shown on the Preliminary Site Plan the developer proposes to remove the existing pavement and install new B612 curb and gutter from Cliff Road down to the new driveway opening on the north edge of the Penn Circle site. The width of the driveway off of Cliff Road will be narrowed down to 20 - feet to promote more of a right-in only access. In addition, the developer should add "Do Not Enter"signs at the south end of the right-in only access off of Cliff Road. The signs will help control access of north bound traffic that might want to illegally use this driveway as an entrance onto the east bound traffic of Cliff Road. The driveway connections to the private street system shall be constructed with concrete aprons as shown on Eagan Standard Plate 440. Easements/Rights of Way/Permits As shown on the Preliminary Plat 100' of half right-of way has been dedicated for Cliff Road. No additional right-of way will be needed. Depending on the final approved grading plan, an additional slope easement may be required from the adjoining property owner to the west to allow for grading to occur. On Outlot A,a scenic conservation easement has been dedicated over the wooded area that is located on the southeast corner of the outlot. This scenic easement shall remain in effect to protect the existing trees that are located in that area. This development will be responsible for insuring that all regulatory agency permits are obtained prior to final plat approval. The developer will need to obtain a permit from Dakota County Highway • Department before any work on re-constructing the driveway opening off of Cliff Road can commence. Tree Preservation There are no significant trees located on this site. I �� Planning Report - Oak Cliff 8th Addition February 28, 1995 Page 8 SUMMARY/CONCLUSION The proposed use of a bicycle shop is compatible with the area. The proposed development conforms to the intent of the original planned development for a retail use and compliance with the established building characteristics. With a few, minor modifications to the landscape plan prior to the final subdivision the overall development is consistent with the Planned Development and the meets the required findings for subdivisions. ACTIONS TO BE CONSIDERED — Final Planned Development To recommend approval/denial of a Final Planned Development to allow a 6,000 s.f bicycle sales/repair facility located on Lot 1, Block 1,Oak Cliff 8th Addition. Approval subject to the conditions listed below. Final Planned Development 1. A 6,000 s.f. Penn Cycle bicycle sales/ repair shop is approved for Lot 1, Block 1, Oak Cliff 8th Addition. 2. The bicycle shop will constitute the Final Planned Development for the proposed Lot 1, Block 1, Oak Cliff 8th Addition, which requires the developer to submit the following plans: * Final Site Plan * Final Building Elevation Plan * Final Sign Plan (show dimensions) * Final Landscape Plan (submitted on a grading plan) * Final lighting Plan 3. The on-site parking requirements shall be met by the development 31 stall surface parking lot as shown on the site plan. 4. All trash/recycling shall be stored within the trash/recycling enclosure located within the building. 5. No window signage shall be permitted. • Preliminary Subdivision To recommend approval/ denial of the Oak Cliff 8th Addition Preliminary Subdivision consisting of one lot on .82654 acre and one outlot approximately 3.6 acres, subject to the conditions listed below: l `5 • Planning Report- Oak Cliff 8th Addition February 28, 1995 Page 9 Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al,Bl, B2, B3, Cl, C2, C4, Dl, El, Fl, 01, and Hl. Awns 2. The driveway connections to the private street system shall be constructed with concrete aprons as shown on Eagan Standard Plate 440. 3. The private street connection to Cliff Road shall be re-constructed in accordance with the Dakota County Highway Departments plan to better delineate the opening as a right-in only. 4. 'Do not enter" signs shall be located at the south end of the right-in only access off of Cliff Road. Easements 5. The developer shall obtain a slope easement from the adjoining property to the west to allow the slope to be graded at a 3 to 1 slope. 6. The development shall construct a manhole on the sanitary sewer service line at the edge of the easement to allow the City to inspect and maintain the line. Utilities 7. The development shall add a catch basin on the east side of the Penn Cycle site as shown on the Preliminary Utility Plan. Parks and Recreation 8. The development shall be subject to a cash parks and trails dedication. Conditional Use Permit 1. Conditional Use Permit to allow a pylon sign shall be approved in accordance with the Final Sign Plan. I7 • • STANDARD CONDITIONS OF PLAT APPROVAL A. Lnanciai Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report In accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the • plat.' The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate,, provide, or financially guarantee the acquisition costs of drainage;ponding, and utility easements in addition to public street rights-of-way as required by the alignment,depth,and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate 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 plus three (3) feet as • necessitated by storm water storage volume requirements. C. ' plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer In accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final Plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval.. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. • 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included In the Development Contract and shall not be released until one year after the date of City certified compliance. • D. Public improvements .1. M any improvements are to be Installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. - - E. erm II 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. • F. Parks and Traits Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. C. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. AMIE 1. All subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25.1997 • September 15. 1287 Revised: July io. 199n Revised: February ?. 1993 Claes / (P • FINANCIAL OBLIGATION. Oak Cliff 8th There are pay-off balances of special assessments totaling$75,062 on the parcels proposed for . - platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas,dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Water Availability Charge C/I $2,745/Ac .83 Ac $2,278 • Total 78 • • • • • �) wv 4.1• • •'f J,'mi( • +' i? " '� PARR 'MU ��/ ! aim,, ,...0.., .....ir„ 0 4000 - • . . , .. 4�• `f MCOMiii f� Off + t 8 CT ii ' 1 • 1aca.Tn r .. ,1 • .-0.4.4141 / a I.% 41: 1 r,. i • - f . '� \ �� ,�, ' Atn . s *L11' lb _ .•' t4 # i. .• /ARK I I/ cs..i,� J le 4000 - • ,� • r•• :�:. ». /L,Kw M 1 is f .• A lj IN OM• a •,alituir Nw - o e L,..;:, ' 'N . I q‘t Nw i ; E �( t •(. 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Also present were City AdminIe1 apps;011::Had* :,community Development Director Peggy Reichert,Assistant City Engineer Mike Foei'ter h, aiid'1 r:Attofn y Jim Sheldon. la • • .KJ:iWfi)60P Wachter moved, Hunter seconded a motion to approve the agenda. Aye: 5 Nay: 0 • ":rx7TR PPtiJhN:}Mw�.}''W`•ii'viritii tiff.4ii70c:SK+tiMih�n+vrilirXi4i}J6Ki.M4.VVAK C�'iii:Qv Counciimember Masin requestec#isdditionafifguage on page 5,to include Mayor Egan as having attended the opening of District 191 Comrritihity Edtion Center. Mayor Egan noted a correction on page . . 5,last paragraph, by eliminating his namB;:Ffbm the#Xi eting with Reverend Borgschatz. He also noted that on page 4,that the vote on the appointment XQ.lhe:PIanninp;Commission should be 4-1,with Hunter voting • • against the motion. Hunter moved,Mas aeactr 3 t rnot3 V'approve the minutes as corrected. Aye: 5 Nay: 0 .....:.... ......... • }7.`:.vi::K•nvxrnnv..•,v. MM Counciimember Wachter requested an update on the police facility and Police Chief Geagan gave a status report Counciimember Hunter asked whet::fg; ::satin$ of getting signage to the entrance of parks. Assistant City Engineer Foertsch Indicati>d:infolifiiriation six uld be forthcoming in the next 30 days. .• • • A. Personnel Items • Item 1. It was recommended to approve the hiring of Anthony Sundgaard as a Community Service Officer, contingent upon successful completion of the psychological, physical and drug screening examinations. Item 2. It was recommended to approve the 199•./1996 cope*?bargaining agreement with the Dispatcher • Unit B. Plumbers Licenses. It was recommiiiiaid to api Itve the plumbers licenses,as follows: B J 8&M Plumb;&Heater;. • Econo Plumb, ttic�i :.:•: :::: Farmington Plutitiitif'&'ki t'titigi* McDonald Plumbing Systems Inc. NS/i Plumbing Inc. NYBO&Peterson Plumbing - Plumb Right • • Steinkraus Plumbij ; Swanson Plumbkig.*Heatirig'ine,. C. Change Order.Police Department Co?struction Project. It was•recommended to approve Change Order #6/pco#53 for Peterson Electric inth$; i i rit''of$y,646.4 i? presented. • • • J EAGAN CITY COUNCIL MINUTES:FEBRUARY 21,1995 PAGE 2 D. Cigarette License and Off-Sale Beer:fnse. McG's. 1969.-Silver Bell Roadsfprmerly.PDQ). It was recotnmeritledito approve the licenses aate ented. • E. Recommendation. Cable Communi' ft p' :' '�rt::t r-.Support-.of_ State.Telecom_munications Legislation. It was recommehded to app10�et151 1�h'lsion's recommendation that the City support the major concepts outlined in the Minnespta Emerging Communications Services Act of 1995 and the Act itself. F. Extension for Recording Final"Plat. Easter Lutheran. It was recommended to approve the 60 day extension. • • G. Fine) Subdivision. Whisperina..WoodsAenth Addition.located in the SW 1/4_oL Section.31. It was . recommended`to approve the final suUcli>tion.' l• H..Project 673..Appro"ve Resolution for,iiiik.Rallroftrossing.at Red Pine Lane. it:was,recommended to approve the resdutioii to;execute the resolution. _ I. Final Plat and Final Planned Developm2rit taiiii tC,ei i' *3E}:Fourteenth Addition located in the NE 1/4 of Section 15. It was recommended to approve the final subdivision and final planned development. J. Appointment.MASAC.Representative and Alternates. It was,recomRended to appolr>It Mayor Tom Egan as MASAC repfeterititive, an`d'Mike'Schlax and Jon Hohensteiri as MASAC alternates through February, 1996. K. Project 682:Receive Feasibility Reobit/SchiMPLibli016ifing1Deerwood.Townhomes Utilities).,It was recommended'to feceive.the feasibility`repnw.an'scfiedt a the publichearing for March 21, 1995. L Retention of City Council Meeting Audio'tapi4e4wa •jecommended to authorize the City to retain City Council meeting audio tapes for one year in accordai b cflh•the General Retention Schedule for Cities. Hunter moved, Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 prditostudv CABLE COI, .S ON APPOINTMENTS Mayor Erman introduced this itertci';as'8pj)OInt i'itS b :Bumsvllle/Eagan,,,Cabie,;Communications Commission. Abf"nihlstrator•Hedgesrask ki ther'tPte:eour cil is satisfied,1Fti the infformaticifi eceived n the candidates. The Council indicated th�ey...are satisfie',�iW$Oahe informiationreeeived. Upon balloting,Dave Monson was appointed to a two year ter' ci}it-i:Glen R nIck"was appointed top.one year term;and Annette Lasky was appointed to a one year W. Pitt 41 . REZONING/PRELIMINARY SUBDIVISION. DEERWOOD TOWNHOM SJGa:OOD VALUE HOMES, INC. introduced this item aS*:t••••:••:•.•.,'..;:'�' Mayor Egan intr i�io'hlitg�'c�f:• ;rvuood Townhomes/Good Value Homes,Inc. from Agricultural and Planned,Deveiopr lt;'tto R-3,.Tgwrlhoi, tl,and Preliminary SubdMsion, t<ocated in the West Half of Section 21. Community. Develiipment"Diractatt§ichert gave;a"staff report on this project. • • • • - EAGAN CITY COUNCIL MINUTES;FEBRUARY 21,1995 N. PAGE 3 Wachter moved, Hunter seconded;. motion to approve the rezoning for Deerwood Townhomes/ Good Value Homes to R-3 Townhouse of::T;T3 acres at the northeast intersection of I-35E and Deerwood Drive in the west half of Section 21. Aye:"5• Nay: 0 Wachter moved, Hunter secondeciiiiiiiiiiiaiiiiiiiitppktigeine preliminary subdivision,subject to the following conditions: • 1. Standard conditions of plat approval Al, Bl, B2, B3, Cl, C2, C4, Di, El, Fl, G1 and H1, as . adopted by Council action on February 2, 1993. 2. Developer Shall be responsible for preparing and recording,with the subdivision,appropriate documents establishing a Hopte.owners'Association. The documents must be submitted and approved by the City Attomey' offce pr p to final subdivision approval. Transfers of common `areas to the Homeowners'Asociation II be recorded with the subdivision. 3. All R-3 Zoning District setbacks'shall b9 Diet. 4. Access to Deerwood Drive sfaalt isliriciec## b cuts. 5. All exterior building materials shall be maintenance free'and Include at least 25 percent brick. 6. Trash/recycling containers shall be stored inside individual garages: 7. The developer shall provide at least 9 guetor parking spaces. • 8. All private drives shall be corist tad witfi'•concrete curb and gutter,, 9. The Landscape Plan shall be revised r*include additional plantings and berming along the 1- 35E right-of--way and all landscaped•'arid;:gr, tt:areas shall be served by an Underground irrigation system. • 10. The developer shall extend the 24`storm sewer line through the development to Pond BP-33. 11. The developer shall obtain a permit to work in the right-of-way from MnDOT. • 12. The developer shall petition the: i.0:Yacptp;:P. s right.'of-way prior to final plat approval. • 13. The developer shall be resptible for; *1h park and trail dedication.. 14. The developer shall be resiOisible fo :cash Water quality dedication for any shortfall In . treatment provided by 15. The developer shall provide 12 Category B trees as mitigation for significant woodland removal. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION/RAHN .4DDITION-NEW ULM ENTERPRISES PLANNED DEVELOPME SiAiEEN /HOLIDAY INN EXPRESS • Mayor. Egan Introduced this itefti' preliminary savision, Rahncllff 4th Addition— New Ulm Enterprises,and Planned Development Atejltbdmerit to allow a SD,unit expansion of'the Holiday Inn Express, • I EAGAN CRY COUNCIL MINUTES;FEBRUARY 21,1995 PAGE 4 • • a 6,500 square foot restaurant and a.,2,50t};eivare�foot medical office building on Lot 1, Block 2, Rahncllff 2nd Addition,'friths NW 1/4 of Section 32 ',0ommunity Development Director Reichert gave a staff report on this project ... Mayor Elan noted Mr. Ibossiier s"•'`'�`} ��' .3ei;#er:' i:phis, and one of his concerns was that occasionally semi trailers are parked at the;•hate1. He asked whether there have been any complaints about this in the past year. Community Deve# pment Director Reichert Indicated there were,none to her • knowledge. Counctlmember Mas in asked why,they are putting In a Class I.restaurant.,Anne Zwach, manager of theyHoliday Inn Express,noted that the Hoiiday..Inn Express does not,have restaurant.service There is a restauranf'next`door, however, Itisn't ope0;all of the hours theyrfeel are needed and Ittis�.felt there Is a denianf!fort.'She'also not's&i•that there truck,that parks-on Rahncliff, but Iris•not,a hotel guest Administrator Hedges suggested she contog the Poi,*Department and they will assist her on that issue. After a clarification on the procedut#;;,;,,_•r rt vstl{. wasla seconded:a motion to approve the final planned development for New Ulm Efiterpt(5es :o;M:titi#t::elision to the Holiday Inn Express, subject to the following conditions: 1. A 50 unit expansion to thee.existing 70 unit Holiday Inn Express hotel Is approved to be developed on Lot 1, Block 1; Rahncliff 4th Addition. 2. The hotel expansion wilt constitute the Final;, ,glatsiietl Development for the proposed Lot 1, Block 1,Rahncliff 4th Addition,which;fe g•tt*d)ieioper to submlt-the_Final'Site Plan,Final Building Elevation Plan, Final h Ian•and Ili* Landscape Plan. 3. The developer shall revise the Sitii:*0b:insurethat all parking and drive aisle dimensions and sett�ack requirements are met. • 4. The parking lot design shall be reviewed with staff and revised as.needed. 5. All on site parking requirements shall be met (Lot 1,.Block 1). 6. All trash/recycling contelhers• shall,be contained within each building or In an enclosure attached to the building and'cor$$tfu d ;:thAlAame building materials as the principal building. •• •`"': •. 7. The developer shall revise the'SitePian,t(i include,a pedestrian circulation plan that provides for safe pedestrian movemeri f etween 11 proposed uses. 8. The developer shall submit 'a'i1tirig#ll,ln:#baKiustrates the proposed lighting scheme, -Identifies tie tWpe of light poles/fixtures to be used throughout the 4th addition,and depicts the • type of bollard lighting proposed for pedestrian walkways within the development.. 9. The developer sha prepare an overall Sign Plan for the entire,4th,addftlonthatshows location and architectural'style of all pylon,,;b iIJd ti;I};; girectionai signa9e being proposed. 10. The developer shall revise.their • Escape Plan tbi orporate the entire Rahndiff-4th•Addition and to include a landscaped Offer'along the souttiftundary of Lot 2 and a landscaped berm • • EAGAN CnY COUNCIL MINUTES;FEBRUARY 21,1995 PAGES • along all public roadways to si,r, en parking areas and all landscaped and green areas shall be served by an underground iri1 l.!on system. Aye: 5 Nay: 0 Hunter moved,Wachter secondedz notion to approve a preliminary planned development for Lot 2, block.1, Rahndiff 4th Addition for a i :fp0 square foot Class I restaurant, subject to the following • conditions: .. 1. A 6,500 square foot Class I restaurant shall be approved to be developed on Lot 2, Block 1, Rahndiff 4th Addition. • 2. Final Planned Development V.Proval ::require detailed Site Plan review by the Advisory Planning Commission and aplOval by ggi City Council. 3. The developer shall revise the'S1Ee Plan fifnsure that all parking and drive aisle dimensions and - setback requirements are • 4. The parking lot design shall be reviewed with staff and revised as needed. . • 5. All parking requirements shall be met on site (Lot 2, Block 1). • Aye: 5 Nay: 0 • Hunter moved, Masin seconded a motiort; i:i ;eive the preliminary subdivision, subject to the following conditions: • 1. The developer shall comply witWitOdan conditions of plat approval Al, 81, 82, 83, B4, Cl, C2, D1, El, Fl, G1 and H1 as adoptedtfij►::gourt ii;•actlon on February 2, 1993 2. The developer shall prepare a shared access easer'rient document for review and approval by the City Attorney and record this document with the plat at Dakota County. 3. •All new driveway openings shall be constructed with concrete aprons. 4. The developer shall submit a:: i§i:.to g/Ail le existing easements prior to final plat approval. 5. Each sanitary sewer service,114 shall include an Inspection/monitoring manhole. 6. The developer shall provide provide*A:fpg$:OkaleGlpfkatural buffer strip along City Pond AP-44. . 7. the developer shall be responsible for a cash park and trail dedication. Aye: 5 Nay: 0 - • NAw•NIl.Nr }/. Counciimember Masin indicated :went to the Dam County League of Governments meeting and affordable housing was discussed, aloiti6 with several otheF Items. • EAGAN Ct1Y COUNCIL MINUTES;FEBRUARY 21,1995 PAGE 8 • Mayor Egan noted the that Munktt Legislative Commission held its annual meeting, along with . a legislative reception, and the Board endilified the position which opposes the tax base equalization bill. At the AMM meeting,a subcommittee was formed:to.mediate on this issue,and to get to the root.cause of the problem. It is hoped that a package caft�k$; x :t• h pts ptesent a united consensus to the legislature on this divisive !PUS.is �� s. Councilmember liaElfe'f;::atl .t<ti� aail�:#jood thing,aboytahis issue is that fiscal disparities will be biought back to the forefspnt,and may be part of any compromise made with the governor on this issue. • Community Development Director Reichert indicated she received a call from Opus and they have • bought more time to,resolve some of the:lssues they need to resolves They,are working on a revision to _ their plan. She noted that the Central At4 Task Pprce report,Is done,and they.will be giving a formal presentation on it at the next meeting. Ctkihcilmerritki Awada requested a photo of an existing 1,700 foot strip mall. Community Development,Dire Reic_,heif:.Mated she will try tofind one. Councilmember Hunter noted that when Opus made their presentation,they'shnwed several concepts-that were based.on a central - • . focal point, but when they laid out their:pl, j};pa ::I, I ::::Wwould like to see an analysis of several different types of concepts and why theywiibtilrl:oa<: dttra't wbric in Eagan. Assistant City Engineer Foertsch noted they are preparing the final assessment rolls for,Yankee Doodle Road west of Highway 13, as well as for the Lexington Avenue/Lone Oak Road intersection. Councilmember Wachter asked for a followup with Dakota County on the green acres issue. Wachter moved, Awada seconded a•mcteisx>Q s t a special work session for 5:00 p.m.on March 7. Aye: 5 Nay: 0 Administrator Hedges noted that 61*11::tepresentatives will be meeting with the Caponis on February 27, and will have more information foi'•'tliw ourrdii:: n March 7. He also handed out some information from-Tom Colbert on the south Dodd Road assiissiiients. Councilmember Hunter asked Whether north Dodd Road is scheduled to be upgraded. Assistant City Engineer Foertsch indica_ated it isn't in the 5 year GIP, but if there are constituents that want something done with it,they need to know that. It is a major street fund cost because there is very little assessable property along that frontage. • Mayor Egan noted that Mark Pane ifl4 ow*#1 ', t *response on the issue raised about changing • back from public jp ivate,part ee,s lip as a 4tion for &gn,end construction-of•public infrastructure to only public. Administrator Hedges ndicateo he.can confect him on this issue. Councilmember Awada stated • she is satisfied with leaving the policy tiltay Councilmember Hunter concurred. Councilmember Masin indicated*PlOilikigttilifiiiiO4 Seize the Day Youth Summit. She noted she and Mayor Egan attended the`Fire Department Awards ceremony,and she feels the City owes the Fire Department volunteers and auxiliary a great debt of gratitude for all the services and savings to the ' community. Councilmember Hunter indicated he; t 1 e> n ..to the Governor's reception for MLC cities on Monday to talk about the,budget and,Orfilt#i3;irirglstaticirr:. Councilmember Wachter noted:$noted fiiiittended the Eagatti Historical Society meeting today and the historic preservation specialist from Shc Elliott & Henders»i::gave a presentation. He noted that Ann • EAGAN CITY COUNCIL MINUTES;FEBRUARY 21.1995 PAGE 7 • Carlon asked whether there would be an hest in having a Swedish or German/Irish festival Incorporating the use of the old town hail. Wachter moved, Egan seconded:a::oiotion to approve the check register dated February 2, 1995 in the amount of$6,023,744.86 and the chig*register dated February 3,1995 In the amount of$511,237.86. Aye: 5 Nay: 0 SWARM Wachter moved, Egan seconded;a;motion to adjourn the meeting at 7:40 p.m. Aye: 5 Nay: 0 DLP • Date City Clerk if you need these minutes In an alternative form such as large.,print,braille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55.1?(6 w.681-4600, (TDD phone: (612)454-8535). The City of Eagan is committed to the pollOki f/'fierse s have equal access to its programs,services, activities, facilities and employment witft' tit'm and to ride, color, creed, religion, national origin, sex, disability, age, marital status or status with withliiitifiggrimplip.assistance. • • :;ti: • • • • MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY"COUNCIL • -Eagan, Minnesota , ; ? bruary 21, 1995- A special meeting of the Eagan OTC1g:Wi :tjelitEvi .Tuesday, February 21, 1995 at 5:00 p.m. at the Eagan Municipal Center. Present w etelislaybr:Eg r Cihinclimembers Wachter,Masin and Hunter. (Councilmember Awada arrived.at 6:00 p.r j:;Also present were City Administrator Tom Hedges,Community Development Director Peggy Reichert, for of Public Works Tom Colbert and Finance Director Gene VanOverbeke. PRESENTATION OF MLC HOUSING REPORT • Bob Renner and Cindy Thomas,;:zd'the Municipal Legislative Commission, gave a presentation of - their housing report,reviewing the history bflegislation ffecting local government aid,HACA`and other state aid. The Orfield legislation was discussed;:along 40 new bill that was introduced that would capture all . value of an property In the metro area. Ern would:14 a loser if this legislation is passed,because Eagan's tax capacity is over the average for the metro;ar.ea...;7hgref9re,,it would lose tax capacity and would have to make it up in property taxes. f� . Mr. Renner Indicated that 30%of the cities are over the average,and 70%are under. He Indicated that he received a call from the Governor indicating he would like his chief of staff to meet with MLC cities' representatives on February 27. • Councilmember Wachter stated he gets the..#er that Eagan should stop encouraging development. It seems to hurt the city more than:$j M ybttgan added that Myron Orfield has moved his campaign to churches to support his.iegip ifr: :He and Councilmember Wachter attended a meeting • at a local church where figures and facts:0rbvided by OId were highly Inaccurate. • Cindy Thomas reviewed how this repo t vii d;fit,noting she gathered other housing studies that have been done. She noted they were all using differet . Wards and different scopes,and it seemed . as though the reports were working from the conclusions backwards. (Councilmember Awada arrived at • this time.) She pointed out Several examples. • Councilmember Hunter asked who this report has been distributed to,and Mr. Renner replied that it has been provided to all MLC cities and legislators. They also hope to meet with the editorial boards from the newspapers. He doesn't think It wlil.pf tige;.their.; i[adN;:but it provides a balance to some of the information that is being presented. • Councilmember Hunter asked tiow the public relations effort Is coming. Mr.Renner indicated they are in the process of hiring a public red jcns flmki;: id hope to have someone hired by the first of the month. • CAPON!ART PARK CORRESPONDENCE Councilmember Masin noted that Tony Capon!would like to fleet as soon as possible on this. She Indicated she feels there has been a lot of inconsistency regarding this project. Councilmember Awada concurred, Indicating that whatever the Ci f;gitigi, p::with, it can't cost Mr, Capons a lot of money. Councilmember Hunter stressed that thenkij ietiiiiVifi g plan. Counciimember Wachter concurred, Indicating the city needs to see what`:lTeasibie and Wes.his plans are for the park. Community Development Director Reichert noted did board needs ta'ilecide that. She added that she thinks Mr. Capons wants the city to be in the f-refront of his fund raisin Administrator Hedges agreed that a plan is • • • . . • EAGAN SPECIAL CITY COUNCIL MINUTES;FEBRUARY 21;i9BS PAGE 2 - • needed. Councils change,the Caponis ideas change,and neighborhoods change. He feels It is Imperative • • to Imam what Ls•planned for the park. • Councilmember Hunter statediie feels Mr. Caponi's•letter is asking the city for money: Counclimember.Awada concurred. She 44464004gifi-4100e.sell some of his property. Mayor Egan noted that Mr 'Caponi Is trying to draw an eiiatbgy wkFi theltmd raising for the civic arena. He has told him that he needs to think of his fund raisinggorts more regionally. It Isn't a valid analogy. After more discussion,:Mayor Egii-iiiiuggested that another letter be drafted to Mr.Capon!outlining the City's position. The Council concurred. . • The mee;ingracijoumed,at 6:30 p.M7 • DLP • • • • • - • • Date ,, Cityiaerk • • • . ••• . • • • • • • . ••••••••••••• 0•6•••••••••• ••••••••••••••0...••• • **K:: I • • •• : • • • , •