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04/05/1993 - City Council Regular AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING APRIL 5, 1993 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) C III. 6:40 - ACKNOWLEDGEMENT/GERMAN EXCHANGE STUDENTS AT EAGAN HIGH SCHOOL P IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PUBLIC WORKS DEPARTMENT " t,25 1. T.H. 55 North Frontage Road Maintenance, Claim for Reimbursement (Piekarski) � V. 6:55 - CONSENT AGENDA (PINK) P• A0 A. PERSONNEL ITEMS p, ((.B. LICENSES, Plumbers ` 'Q, C. PROCLAMATION, Days of Remembrance of the Victims of the Holocaust, April 18 -25, 1993 • 1s D. FINAL PLAT, Lexington Pointe Eighth Addition • FINAL PLAT, Park Center Third Addition F. FINAL PLAT, Stevens Addition iA,G. FINAL PLAT, Lexington Pointe Ninth Addition H CONSIDER Wetlands Impact Analysis and Mitigation Plan for Diffley Road Reconstruction 1 LICENSE, Bingo, Valley Viewers 4-H Club, Fourth of July Celebration 3 J. SBA Grant for Landscaping Materials & Installation for Municipal Center Site . K. ISTEA Grant for Trailway Connections L. ESTIMATE, Recreation Facility Project P• 1 M. RESOLUTION Approving Sale Notice for 1993 Refunding Issues and 1993 Equipment p• t Certificates �`1 3N. RESOLUTION Designating Addition Municipal State Aid Mileage/Routes ,140. CONTRACT 93-07, Approve Plans/Authorize Advertisement for Bids (Wenzel Addition - P' Streets & Utilities) t4(o P. CONTRACT 93-05, Receive Bids/Award Contract (Lexington Avenue Storm Sewer Lift Station) c'OfQ. RATIFICATION, Dakota County HRA Agreement, Regarding HUD Financing of Senior Housing Second Phase S1 ADOPT Agreement, Empire Organic Gardens/SMC for Temporary Use of City Compost Site P• S . CONTRACT 86-RR, Acknowledge Completion/Authorize City Maintenance (Wilderness Ponds Addition - Streets and Utilities) T. CHANGE ORDER, Contract/Metro Fire for Fire Pumper Truck Equipment P ' ,` U. CONSIDERATION of Construction Management Approach/Municipal Center/Police Val Administration VI. 7:00 - PUBLIC HEARINGS (SALMON) There are no public hearings VII. OLD BUSINESS (ORCHID) P.10A. AMENDMENT, Shoreland Zoning Ordinance , City Code Chapter 11.21 ti3 B. WAIVER OF PLAT, Duplex Lot Split, Don Christenson, Located on Lot 6, Block 1, Buffer Hills Addition, in the SW 1/4 of Section 15 VIII. NEW BUSINESS (TAN) Q,1X3A. VARIANCE, J. Joseph Construction, of 3' to the Required 5' Sideyard Setback for Lot 11, Block 7, Bridle Ridge Addition, Located in the NW 1/4 of Sec 24 �f,D B. CONDITIONAL USE PERMIT, Yuri Duc Bui/DBA Que Viet, to Allow On-Sale Liquor, 3.2 Beer or Wine in a CSC (Community Shopping Center) District on Lot 3, Block 1, Town Centre 100 Sixth Addition Located Along the South Side of Town Centre Drive East of Denmark Avenue in the NW 1/4 of Sec 15 LC. COMPREHENSIVE GUIDE PLAN AMENDMENT, Signal Point Addition/Signal Bank, Changing the Land Use of Approximately 8.1 Acres from LB (Limited Business) to D-I (Single Family Residential, 0-3 units/acre) , a REZONING of Approximately 8.1 Acres from LB (Limited Business) Within the Knob Hill Planned Development to R-1 (Single Family) and a PRELIMINARY PLAT Consisting of 13 Lots Located Along the West Side of Knob Drive in the SE 1/4 of Sec 21 P/i,`(p D. PLANNED DEVELOPMENT AMENDMENT, Four Crown Inc/DBA Wendy's, to Allow a Class II Restaurant in the Duckwood Crossings Planned Development and a CONDITIONAL USE PERMIT for a Pylon Sign on Lot 1, Block 2, Duckwood Crossings Located Along the West Side of Pilot Knob Road South of Crestridge Drive in the SW 1/4 of Sec 16 fl G'ye E. PRELIMINARY PLAT, Diffley Commons 2nd Addition/The Rottlund Company, Consisting of 192 Units on Approximately 29.3 Acres Previously-Zoned to Allow Multi-Family Housing Located Along the North Side of Diffley Road East of Beaver Dam Road in the SW 1/4 of Sec 20 10,2.11 F. RECOMMENDATION, Economic Development Commission, Concept Approval of Eagan Hospitality T Industry Request for Convention and Visitors Bureau IX. ADDITIONAL ITEMS (GOLD) X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. 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 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: APRIL 1, 1993 SUBJECT: AGENDA INFORMATION FOR THE APRIL 5, 1993 CITY COUNCIL MEETING 001°T AGE AGENDAAPPROVE MINUTES After approval is given to the April 5, 1993 City Council agenda, regular meeting minutes for the March 16, 1993 City Council meeting, and special meeting minutes for the March 2, March 16, and March 22, 1993 Special City Council meetings, the following items are in order for consideration. Under the auspices of the German American Partnership Program (GAPP), seventeen students from secondary schools in Germany are currently participating in a three week tour of the City of Eagan and Eagan High School. This is a program that pairs American and German secondary schools. It was organized in order to initiate, develop and facilitate a quality student exchange program between the United States and the Federal Republic of Germany. GAPP serves to promote international understanding, an appreciation of the way of life and values of the host country and the study of each other's language. A group of Eagan High School students traveled to the Federal Republic of Germany earlier in the school year. Fifteen of the exchange students will be present at the Eagan City Council meeting. Attached on page 2 for the Council's information is a copy of a proclamation naming Monday, April 5, 1993 as German American Partnership Program Day in the City of Eagan. At the Council meeting, individual copies of the proclamation will be available to be given to each student. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim Monday, April 5, 1993, as German American Partnership Program Day in the City of Eagan. CITY OF EAGAN PROCLAMATION OF GERMAN AMERICAN PARTNER- SHIP PROGRAM DAY IN THE CITY OF EAGAN APRIL 5, 1993 WHEREAS, the German American Partnership Program (GAPP) is a program that pairs American and German secondary schools, and WHEREAS, approximately 650 school partnerships have been es- tablished between schools in the United State and Germany, and WHEREAS, Eagan High School is currently participating in a school partnership, and WHEREAS, seventeen students from Germany are currently visit- ing Eagan High School and staying with Eagan families, and WHEREAS, those students will be present at an Eagan City Coun- cil meeting on April 5, 1993, and WHEREAS, students from Eagan High School last year visited Ger- man schools and families, and WHEREAS, the aims and objectives of GAPP are to promote inter- national understanding, an appreciation of the way of life and values of the host country and the study of each other's language, and WHEREAS, participants in the GAPP program are enriched through greater knowledge of the partner country, its culture and people, NOW, THEREFORE, BE IT RESOLVED, that the Eagan City Council hereby proclaims Monday, April 5, 1993, to be "German American Partnership Program Day in the City of Eagan." SO SAY WE ALL THIS FIFTH DAY OF APRIL, NINETEEN HUNDRED AND NINETY-THREE. Mayor Thomas A. Egan Agenda Information Memo April 5, 1993, City Council Meeting D P TMEN HEAD BUSINESS A. PUBLIC WORKS DEPARTMENT Item 1. TH 55 North Frontage Road Maintenance Claim For Reimbursement (Piekarski)-- At the March 2 Council meeting, Mr. Stan Piekarski of 3350 TH 55 approached the Council under the Visitors To Be Heard agenda requesting Council action regarding the frontage road servicing his property on the north side of TH 55 at the intersection with TH 149. The Council directed Mr. Piekarski to meet with the Director of Public Works to discuss the issue which would then be presented to the City Council if appropriate. Subsequently, Mr. Piekarski met with Public Works Director Colbert on Mo�nfiay, March 15, at which time the claim for rontage road maintenance enclosed on page 44 was submitted. Enclosed on page 5 is a location map showing the relationship of Mr. Piekarski's property to the frontage road in question. Enclosed on pages (p through 9 are copies of past correspondence the City has had directly with Mr. Piekarski or documenting meetings held with him. This provides good background information for the Council to help them address the claims submitted by Mr. Piekarski. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the claim for TH 55 north frontage road maintenance as submitted by Mr. Piekarski. Also, direct staff to either 1) perform routine maintenance or, 2) enter into a contractual relationship with Mr. Piekarski for future public road maintenance. 3 STATEMENT FROM Stanley Piekarski 3350 Highway 55, Eagan, MN 55121 March 15 401 TO The City of Eagan ADDRESS 3830 Pilot Knob Road CITY Eagan, MN 55121-1897 TERMS ORDER NO. Maintenance of Service road at 3350 Highway 55 Snnw plowing and upgrod3.4g of road. 25 years Maintenance @ $200.00/yii= 15000. 00 \ o t < , 1 1 1 t \ \ .r !l-,p„, 11 \\�\,,I i 1 I a I t ; j o N \ mlt tlt r ;• !, ,� -! ! ///irrt,�����\\\. �,IrgII I ' t . t t \ \ 'I�1 r , , / / / . ii/ /// /,///// .,'',lllrm,rl i tV\ f ` .1:0/ ; / / ` '/ ./ E;'. „,�/`'%.'r,//■ 'r'I t I 1 I r I I' , 1, / //, , /r / t t / / , "/ je - "i ///Ii,'�'/!. r!IiIII o { I J / li'// i \ t \ \ t / \ / / // ///lI I � / r / / / /i d\\1\111 t { I / r / l% \' -- - // ! / i / '' /� , . i /��/ 1111 frl { 1 / / / / / / / l I) II II i I I _/ / / I /`' r 1 ,� / /', r / , // I ' r r ! r / ��'� � / // %/ // i ! 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' ' / / , / , //,°,,.. / , t, ; / , if f, / ' / • c , '..�/ ',: /r ', i// , 1/1 / / ; / , ( \ 1 . \ ,/ / '� lip/ If \ • / /� /;' �' , =, , Stanley Pie�Carski _ ,�� �// �, li / r- I r// i I ' i ) 1 1 7 I I; �� ' ; ,' I 3350 Hi / //�, ghvnay, 55 _ / /' ,' ,� y� . ,_rr J , ' ' v l_ ' / I iI , r f r i _ Il t- r / v �- v / / / l , � i I \ 1 l - - - - / P t r , , , , j , 1. k - ‘ .„,.,., - , ,,,,,,,,-.., \ ,,, 0,,,,,.. s.„„\\, , . , 1; r,..,..1 ..... __ ._. -- _ \ ,r),,, is 4/ ://,, ., ,/ 0. \I - ,-:-'4.-- >././ Tii. , / $•• 1 :/, 1,1 ■, ' t‘,,,, : \-- : :.\.:i,,:::: :IN:\.:, :\\:, \, ‘ ,k , k 1 ... _ -, / i q \ fr.. — \�\\\ `\ \\ \\\ \ t `�.� .' _ it j l ! 1 '� �, .,'. \\ \.: ...,_---. ,...',-- s. -,,N-72-7-- - _7:.---,,,_1 1 .t.................;v:: 'i // f / /;, � . , , / { 1 , , ` t_ s `, ; 'I h;•:a / , / k'1/ � \I. / 1 —11:11: \ \ ..., ...' ..._.. .''' .".....,.., /..4 '/ .CC, --.:..... I ' ‘ IA \ ‘....:r '"''' . .. di I I I I II ii 1 \ ', , ,,, —.,..-.7:7\.--,.•:::--(; : : r I \71-:7\ .\ .)2 '11.-"\i..II:,:..t:11..l.i...4.:,ii..".......::...:/:1114.1/1,1 iiiiiiiii I'll 1;1v:it/II; I, , i .4- j _ - , . i , ' ( , ■ ' : 0. . ' • ` a; o/ \ ti�:K 1 /, / I I/ ! l, y 1, r - \ -r" \ \ \f , { , r / , �, / 4 I I } sl a — — � i / �, t I ' I I , j'I /I/ / , / \ , I \ � �0 / ! , , / - ! pf , \ r A \ t � I V I / �/.•', I !i � I I r / I,i1 +� MEMO TO: ARNIE ERHART, SUPERINTENDENT OF STREETS/EQUIPMENT FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: DECEMBER 1, 1992 SUBJECT: TH 55 FRONTAGE ROAD ACCESS - 3350 TH 55 (PARCEL 03800-010-02) On November 5, you forwarded to my attention a memo summarizing the results of a meeting that you and Councilmember Ted Wachter had with Mr. Stan Piekarski of the above address earlier this Fall. While the purpose of the meeting originally generated from Mr. Piekarski's objection to the storm water utility fee, it is my understanding that the majority of his concerns and the discussion related to the condition and maintenance responsibilities of the north frontage road to TH 55 turned back to the City of Eagan from MnDOT in 1968. On November 30, I reviewed with Mr. Wachter the various alternatives and your recommendations for performing some maintenance improvements to this frontage road. It was agreed that Option #4 or #5 as you recommended in your memo of November 5 should be reviewed with Mr. Piekarski and the appropriate work initiated in 1993 subject to his agreement. Therefore, I would appreciate it if you would again communicate with Mr. Piekarski and determine the acceptable level of improvements and then initiate this work to be performed in 1993. Please document Mr. Piekarski's concurrence with a letter of understanding. Please be sure to copy Councilman Wachter on all correspondence so that he remains properly informed. Thanks for your help on this matter. Director Of Public Works TAC/jj Attachment: November 5 Memo cc: Councilman Ted Wachter (W/Enc.) Tom Hedges, City Administrator (W/O Enc.) • city of ecigcin THOMAS EGAN Mayor FEBRUARY 2, 1993 PATRICIA AWADA SHAWN HUNTER SANDRA A.MASIN • - THEODORE WACHTER STAN PIEKARSKI Council Members 3350 TRUNK HWY. 55 EAGAN, MN 55121 THOMAS HEDGES City Aomininsirator RE: TRUNK HWY. 55 FRONTAGE ROAD ACCESS EUGENE VAN OVERBEKE City Clerk Dear Stan: This letter is to confirm the conversation we had on January 14th, 1993. As we discussed, the City of Eagan will inspect the service road this spring, grade it for proper drainage, and install Class V crushed rock for stabilization. This summer during our seal coating operation, we will apply a double seal coat over the crushed rock which should perform well for the small amount of traffic on this access road. We will also continue to place a barrel of sand near the stop sign on Highway 55 and would appreciate a call when empty. Presently, you are plowing this service road, but as we discussed, the City could add this to our plowing schedule starting in the fall of 1993 if you desire. Hopefully, I have addressed all of your concerns about the frontage road. If you concur with my recommendations, would you please sign this letter and return it to me in the enclosed envelope. I have enclosed an extra copy for your records. Thanks for your understanding and patience on this matter. Please call me at 681-4300 if you have any questions. Sincerely, / 1 , • Arnie Erhart Superintendent of Streets and Equipment AE/sb • Enclosures cc: Tom Colbert, Director of Public Works Ted Wachter, City Councilman 31wp:pietars.032 MUNICIPAL CENTER THc LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOE ROAD 3501 COACHMAN POINT THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN MINNESOTA 55122.1897 EAGAN,MINNESOTA 55122 PHONE.(612)6F-460D PHONE.(612)681-4300 FAX.(612)6F-4612 Equal Opportunity/Affirmative Action Employer FAX:(612)68 -4360 TDD.(612:454.8636 TDD:(612)454.8535 • MEMO TO: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS FROM: ARNIE ERHART, SUPERINTENDENT OF STREETS DATE: NOVEMBER 5, 1992 SUBJECT: NOTES FROM MEETING WITH STAN PIEKARSKI AND TED WACHTER AT 3350 HIGHWAY 55 N g.cr&- . io- V3600- 4(o-o z We inspected the dike Mr.Piekarski built in 1974 to prevent water from flooding his garden. Presently, there is no problem and a ditch has been cut through it to drain this area. He has a pump set up now to water his garden from the ponding area. Although Mr. Piekarski claims that the ponding area adjacent to his property (GP-3) is being pumped, our plans show that Pond GP-3 drains across Highway 55 to GP-2 and then is pumped. Mr. Piekarski seems to think that because of the time and effort he has put into protecting his land from flooding and the maintenance he has done to the service road over the last 20 years, he should not be charged for a storm utility fee. In regards to the service road, we have performed some maintenance about 3 years ago when we paved a small portion at the entrance to Highway 55 to prevent erosion and to make the access onto the highway safer. We have not performed any blading or adding of material to the rest of the service road. Mr. Piekarski has graded and plowed the service road. We did plow it once and he did not care for the job we did. He said he would plow it if we would dump some sand by the entrance to Highway 55, which we have done for the last 3 years. This year, we have placed a barrel of salt/sand by the stop sign as he requested. After researching the matter of maintenance responsibility for this service road, it appears that the City of Eagan assumed the sole cost and expense for maintenance in MnDot Maintenance Agreement #1286 dated Feb. 20, 1968. The word "maintain" was construed as the preserving of the road in its original condition as nearly as practicable, but not including overlays or sealcoating. The present condition of the service road is a poorly graded gravel road. I am not sure what the condition was in 1968 or if it had an asphalt surface. The following are possible resolutions and associated material costs: 1. Deed back MnDot R.O.W. service road to property owner. $ ? 2. Install Class V and regrade road for proper drainage. $ 250.00 50 tons @ $5.00 Page 1 of 2 3. Install bituminous millings and regrade. $ -0- 4. Install Class V and double sealcoat. $ 453.00 50 tons @ $5.00 plus 450 sq. yds. @ $.45 5. Install millings and double sealcoat. $ 203.00 450 sq. yds. @ $.45 6. Install 2" bituminous overlay. $ 950.00 50 tons @ $19.00 Another possibility would be a cost participation by MnDot. My recommendation would be Option #4 or #5 as a way or resolving this dispute. -;;_ Zi_,1 Arnie Erhart Superintendent of Streets AE/cm Enclosure Page 2 of 2 9 Agenda Information Memo April 5, 1993 City Council Meeting CONS ' ` 'r.:...:v.>,< There are nineteen (19) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Assistant Utility Billing Clerk--In official action at the March 16, 1993 City Council meeting, the Council approved the hiring of a person to be recommended by the Director of Finance as the Assistant Utility Billing Clerk for the Finance Department. As the Council will recall, interviews for this position were to be held after the date of the last Council meeting. Because of the need to hire someone as quickly as possible and because of the long interval between Council meetings, the Council gave its approval to this hiring. Interviews have been held and it is the unanimous recommendation of the interview panel that Tracy Patrick be hired as the Assistant Utility Billing Clerk. Therefore, it is in order for the Council to ratify this hiring at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Tracy Patrick as the Assistant Utility Billing Clerk for the Finance Department. Item 2. Landscape Architect/Park Planner--Approximately 100 applications were received for this position. As is the normal case, qualifications contained in those applications varied extensively. After review of the applications and the information contained therein, approximately ten candidates were invited to the municipal center for a preliminary interview. From those interviews, three finalists were selected. The finalists were interviewed by a panel consisting of Director of Parks & Recreation Vraa, Director of Public Works Colbert, Superintendent of Recreation Peterson, Superintendent of Parks VonDeLinde and Assistant to the City Administrator Duffy. It is their recommendation that C. J. Lilly be hired as the Landscape Architect/Park Planner for the City of Eagan Parks & Recreation Department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of C. J. Lilly as the Landscape Architect/Park Planner for the Parks & Recreation Department. Item 3. Seasonal Summer Program Assistant--It is the recommendation of Recreation • Supervisor Nowariak that Dan Schultz be hired as the seasonal summer program assistant to Recreation Supervisor Nowariak. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Dan Schultz as seasonal summer program assistant to Recreation Supervisor Nowariak. Agenda Information Memo April 5, 1993 City Council Meeting Item 4. Seasonal Parks Maintenance Workers--It is the recommendation of Superintendent of Parks VonDeLinde that the following persons be hired as seasonal parks maintenance workers: Duane Barton, Amy Eddy, Michael Marxer,Timothy Spencer and Joseph Wilcox. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Duane Barton, Amy Eddy, Michael Marxer, Timothy Spencer and Joseph Wilcox as seasonal parks maintenance workers. Item 5. Seasonal Assistant Weed Inspector—It is the recommendation of Superintendent of Parks VonDeLinde that LeRoy Berg be hired as the seasonal assistant weed inspector. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of LeRoy Berg as seasonal assistant weed inspector. Item 6. Seasonal Park Attendants--It is the recommendation of Superintendent of Parks VonDeLinde that Raymond Sperl and Kristi Thompson be hired as seasonal park attendants. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Raymond Sperl and Kristi Thompson as seasonal park attendants. Item 7. Seasonal Bailfield Attendants--It is the recommendation of Superintendent of Parks VonDeLinde that the following persons be hired as seasonal ballfield attendants: Manotham Bounnak, Jason Forde, Amy Hampton, Andrew Hendrickson and Wayne Leseman. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Manotham Bounnak, Jason Forde, Amy Hampton, Andrew Hendrickson and Wayne Leseman as seasonal ballfield attendants. Item 8. Seasonal Extended Maintenance Workers--It is the recommendation of Superintendent of Parks VonDeLinde that Jason Schwamb and Brian Trotter be hired as seasonal extended maintenance workers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Jason Schwamb and Brian Trotter as seasonal extended maintenance workers. Item 9. Seasonal Engineering Aides--It is the recommendation of Assistant City Engineer Foertsch that the following persons be hired as seasonal engineering aides: Heather Rougier, Tadd Ulrich and Clark Wicklund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Heather Rougier, Tadd Ulrich and Clark Wicklund as seasonal engineering aides. Agenda Information Memo April 5, 1993 City Council Meeting Item 10. Seasonal Utility Maintenance Worker--It is the recommendation of Superintendent of Utilities Schwanz that Edward Vaillancourt,Jr.be hired as a seasonal utility maintenance worker. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Edward Vaillancourt, Jr. as a seasonal utility maintenance worker. Item 11. Maintenance Collective Bargaining Agreement--The maintenance bargaining unit met Friday,April 2, 1993,at 6:30 a.m.to vote regarding accepting or not accepting the City's latest proposal to the unit for a 1993/1994 collective bargaining agreement. The business agent for Teamsters Local 320 has informed me that the unit did vote to accept the City's offer. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1993/1994 collective bargaining agreement for Teamsters Local 320, maintenance bargaining unit. Item 12. Resignation/CSO/Police Department--The City of Eagan has received a letter of resignation from Khamtanh Don Siouthai from his position as Community Service Officer in the Eagan Police Department. Enclosed on page/3is a copy of a letter of resignation. Community Service Officer Siouthai is leaving the City of Eagan to become a police officer for the City of St. Paul. Special Note: The Chief of Police is currently reviewing the Community Service Officer program at the City of Eagan and will have a recommendation for the City Council regarding this program at a later Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the letter of resignation from Khamtanh Don Siouthai. Khamtanh Don Siouthai 15969 Garrett Ct Apple Valley, MN 11524 03-15-93 Chief of Police, Patrick Geagan 3830 Pilot Knob RD Eagan, MN 55122 Chief of Police Geagan I want to thank you very much for giving me an opportunity to work for the City of Eagan as a Community Service Officer. The first day I walked into your office, I felt like I knew you for a long time. You and other officers made me feel at home. The first week that I got hired, I knew, that the Eagan Police Department was going to be my second home. I would have liked to become a police officer for the City of Eagan; but the opportunity to work for the City of St. Paul as a police officer was available. I feel that this is the time for me to move forward in my police career. This is a letter to inform you that I will be resigning my position as a Community Service Officer with Eagan Police Department on o4-02-93 to begin my career as a police officer. I appreciated very much, the opportunity that you gave me to serve the Eagan Police Department and the citizens of City of Eagan. Sincerel ,46;%),detl' Khamtanh D Siouthai l3 Agenda Information Memo April 5, 1993 City Council Meeting " PLUMBERS LICENSES. B. Licenses, Plumbers--The City Code requires that all plumbing contractors operati g within the City of Eagan be licensed on at least an annual basis. Enclosed on page is a list of those contractors whose applications are in order for approval at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. 1 PLUMBER LICENSES FOR APPROVAL - YEAR 1993 1. BUTLER PLUMBING INC. 2. FORCIER PLUMBING INC. 3. PARSONS PLUMBING & HEATING 4. POLAR PLUMBING For April 5, 1993 City Council meeting -1J Agenda Information Memo April 5, 1993 City Council Meeting PROCLAMATION/DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST C. Proclamation,Days of Remembrance of the Victims of the Holocaust,April 18-25,1993-- The City of Eagan has received a request from Benjamin Meed, Chairman of the Days of Remembrance of the Victims of the Holocaust Program, to proclaim Sunday, April 18 through Sunday, April 25, 1993 as Days of Remembrance of the Victims of the Holocaust in the City of Eagan. Enclosed on page 27is a copy of the proposed proclamation. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim April 18 through April 25, 1993 as Days of Remembrance of the Victims of the Holocaust in the City of Eagan. • [(e CITY OF EAGAN DAYS OF REMEMBRANCE PROCLAMATION WHEREAS, six million Jews were systematically murdered by Nazi Germany and their collaborators from 1933 to 1945; hundreds of thousands of Gypsies and millions of Slays, handicapped, religious and political dissidents and others deemed by the Nazis as "unworthy of life" were swept into this abyss; and WHEREAS, April 19, 1993 marks the fiftieth anniversary of the uprising by valiant young Jewish men and women in the Warsaw Ghetto against overwhelming Nazi military might; followed later in 1943 by revolts in the killing centers of Treblinka and Sobibor; and WHEREAS, all our citizens should remember the atrocities committed by Nazi Germany and their collaborators and recognize that each of us must remain eternally vigilant against all tyranny; and WHEREAS, Sunday, April 18, 1993 has been designated pursuant to an Act of Congress as a Day of Remembrance of the Victims of the Holocaust, known internationally as Yom Hashoah; and WHEREAS, it is appropriate for the citizens of Eagan to join in this commemoration with the United States Holocaust Memorial Museum, dedicated this year as the nation's center for learning and remembrance of the Holocaust, NOW, THEREFORE, BE IT RESOLVED that I, Thomas A. Egan, Mayor of the City of Eagan, hereby proclaims the week of Sunday, April 18 through Sunday, April 25, 1993, as DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST in memory of those victims and in the hope that we will strive always to overcome prejudice and inhumanity through education, vigilance and dedication to equal justice for all. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: 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 5th day of April, 1993 . E. J. Vanoverbeke, City Clerk Agenda Information Memo April 5, 1993 City Council Meeting FINAL PLAT/LEXINGTON POINTE EIGHTH ADDITION D. Final Plat,Lexington Pointe Eighth Addition—The applicant and staff are in the process of finalizing documents relative to the final plat of Lexington Pointe Eighth Addition. If all items are complete and executed in time for Monday's meeting, this item will be in order for consideration by the City Council at that time. If not, staff will recommend that this item be pulled at the time of agenda adoption. For a copy of the final plat as it appears for recording at Dakota County, please refer to page 14' through/ . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Lexington Pointe Eighth Addition as presented. 1 9 • . . li b , _ _ ig .......-— ..... M - " C) ..... ....._,,,,, is maw,cA: .......,;....4....... •• 0 . t.:: .''.t, le e ] C . 0 1 ....; ... 1 11 .,7.7.4. . P-14....F., ; 1 ........ 3 $ -*----- - ' 11. 3..,Aso.•S 7.' . .. . •• 4.3.4_.•:•,• I ro__.......L_I.1........---01 inc.116•16 I gen-I -43---".s•k, ' . 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Yr E� 1=if a 8 1 1 i m allit .i_ 11 icr 2 M 2 02 Ca"1i i 'jQ I Qz I • ^ i -c _ z1 A Agenda Information Memo April 5, 1993 City Council Meeting FINAL PLAT/PARK CENTER THIRD ADDITION E. Final Plat, Park Center Third Addition--The applicant and staff are in the process of finalizing documents relative to the final plat of Park Center Third Addition. If all items are complete and executed in time for Monday's meeting, this item will be in order for consideration by the City Council at that time. If not, staff will recommend that this item be pulled at the time of agenda adoption. For a copy of the final plat as it appears for recording at Dakota County, please refer to page—)3. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Park Center Third Addition as presented. tp-'9" €U E c w: a -. wL PI-' O ie° f I c ( lit .x tHI ' . i °I . L °T^m . __ _ n: f N I r 7 1 —1 0 — /411-tr——--;;;;.—__7, ,74. 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Agenda Information Memo April 5, 1993 City Council Meeting FINAL PLAT/STEVENS ADDITION F. Final Plat, Park Center Third Addition—The applicant and staff are in the process of finalizing documents relative to the final plat of Stevens Addition. If all items are complete and executed in time for Monday's meeting, this item will be in order for consideration by the City Council at that time. If not, staff will recommend that this item be pulled at the time of agenda adoption. For a • y of the final plat as it appears for recording at Dakota County, please refer to page ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Stevens Addition as presented. w l SOWN , N %........wean r/rI•II.•III. jt� r Ii � `�;;" , 1 vc7 ✓ ill) . . I i 1 co •IZZt1.r I►Y r Aa—=.r • �, 6 s 'l • . WUTHERING ,��e L � r a I ,� . ,} �� Cr) t ■ II I !II ir:--r--- d - .. - ...-\,. -. ‘. .,.• _ : i fit ' • • N • •-• •\' • • • \`\ .• • • ....1..�—�i=.L-- e.' l,,- 1I r I ......nIn, um,i NITl UL,3 it • C _ ... . I • f! tlt � ti t tr f T tltil s 111111111 f .. II— -; I If - I Jt ii Pc . II i SEL l i i.t , t •I , 1 III; t ( E[ ! L t t Ili 11 rol _!� 1 e e l : _[ l l E E I iifl!MIii!. 1t Liii I ' It 1 f t itill if rf rf i )! s if1 `• iti s f 1 s "Il II 11 t i iie -f- E it 111 t 1 t s� 1 ll I r I's 1 t ii 1I I. f I 1 f I I.ii l t 1 s i I1I ii f I If 11111 ' ' g=1_I IiiI t t 11 l i iiit€t!e sis !i i t •l 1 `:II I t( ' (if i1 1 1 • II Ef f if1I:1Ii1I ti s f elei•if I, i .. t ILI I z4 i i I t �l 1141 i i I• I t i i II ! t-3 I t t la _ti` :I p n ! ! l .t f i scJi!!!{ It C �t s l� i t t lijF t If �x t II l - P III! t I ! F II ltti; t �1 I ` . I. 1111 1= ! I' t I' t Is i if l Ili' 1. AA J Agenda Information Memo April 5, 1993 City Council Meeting FINAL PLAT/LEXINGTON POINTS NINTH ADDITION G. Final Plat, Lexington Point Ninth Addition—The applicant and staff are in the process of finalizing documents relative to the final plat of Lexington Pointe Ninth Addition. If all items are complete and executed in time for Monday's meeting, this item will be in order for consideration by the City Council at that time. If not, staff will recommend that this item be pulled at the time of agenda adoption. For a copy of the final plat as it appears for recording at Dakota County, please refer to paged`j through ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Lexington Pointe Ninth Addition as presented. c3 A a i III V z 1 1 O QQ1 2 J ot- _ ;. . if , J...a.74(71141 i Z C. 1,11 ' 1 I 14 f_ \ jilts .T r- 11111 II Is � f 11111 as rc :� � �� I 4SS =k: • • • ` 10101 Ili z — 3 Ji.RAG t 8 r- I B R tR I r 3 1 BR • is: 8 W ` OD UT S B 1 3 H •FI .. a z II- 10tcT ' O I g1 3; . 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Z • i i jii‹.4r- • m..... 4.1.4.40Ada ki :4: ..414 1 ••• i '.0spo- - - - . ( „...• .0.."--- ,_ LLJ 1 , 00- 4 .1, i a al ' it;Nis 5 ' ...• I .• , < 4 +- 0 1 if a t LI: i — a. > 1 W it:3 1.•7 -X i 0 ,- i £& ,-C' t 1 -.•' 1 — .11.! 1: V 0 - 11t1 , c I .... al t : > ,.... C, C. I 0 4 7 1 g - ' ,..., ' -' . °•\ 4' . IA; 0 H - ..4 Cl 0 . . a . . g , Z ! _WWI I.osiseo s- -.A 1...."..4"2..* 1 . a 14 l • •,... . 'il-11 5‘.`■ -—.7:—4"r.z.,....-,- ki, • ..... ..."4.41L4-1,10..-.....412•7.7.Thaara.r 1 ea 1 . , ,, , • • ...„,0 I iig ,11 trt ' •6L..........r_rmsrmilod- ...,. ■ WNW ,a■ e 41 ON eiVri 1... 1..2... ,_■,, u) • , . . Agenda Information Memo April 5, 1993 City Council Meeting WETLANDS IMPACT ANALYSIS AND MITIGATION PLAN/DIFFLEY ROAD H. Consider Wetlands Impact Analysis and Mitigation Plan for Diffley Road Reconstruction--The City of Eagan is the local government unit responsible for the administration of the 1991 Wetlands Conservation Act within the City's boundaries. The Dakota County Highway Department has requested approval from the City of an application to fill up to .25 acres of wetland associated with the reconstru on of 2.5 miles of County Road 30 (Diffley Road). Attached on pages through is a copy of a memo from Water Resources Coordinator Brasch regarding this item. It is staff's recommendation that the Council authorize the filling up of up to .25 acres of the fringe wetland associated with City storm water pond JP-27 and also that the Council approve the use of newly created storm water detention pond JP-26.2 as a replacement for the wetland area to be filled. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the filling of up to .25 acres of the fringe wetland associated with City storm water pond JP-27 and approve the use of the newly created storm water detention pond JP-26.2 as a replacement for the wetland area to be filled in conjunction with the Diffley Road reconstruction project. , MEMO TO:/TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DATE: MARCH 19, 1993 SUBJECT: CITY COUNCIL APPROVAL OF WETLANDS IMPACT ANALYSIS AND - MIT MITIGATION PLAN FOR DIFFLEY ROAD RE-CONSTRUCTION Background As you know, the City of Eagan is the local government unit responsible for administration of the 1991 Wetlands Conservation Act within the City's boundaries. The Dakota County Highway Department has requested approval from the City of an application to fill up to .25 acres of wetland associated with the re-construction of 2.5 miles of CSAH 30 (Diffley Road). The stretch of highway to be re-constructed extends from a point .5 miles east of CSAH 31 (Lexington Avenue) to Trunk Highway 3. The proposed wetland fill activity has already been approved by the Corps of Engineers nationwide permit 33 and has also received a water quality certification from the Minnesota Pollution Control Agency. Affected Resources & Mitigation Proposed The Dakota County Department of Highways has identified a wetland associated with City of Eagan stormwater Pond JP-27(located at station 252+00 on the left) as the only wetland to be partially filled or drained by the project (Figure 1). The affected area of the wetland was delineated by Dakota County Soil and Water Conservation staff during spring, 1992. Approximately .25 acres of the Type 8 wetland fringe of this wetland complex will be filled. The County maintains that some filling of the wetland is unavoidable because of the need to maintain a straight alignment of the road in order to protect public safety. The amount of fill has been minimized by steepening the side slopes of the road embankment to 2:1. City staff agrees that the filling of the wetland has been minimized to the maximum extent reasonable. Because this project will receive final approval by the City of Eagan prior to July 1, 1993, interim program rules will apply. These rules require that any filled or drained wetland areas be replaced at a 1:1 ratio. In addition, the replacement requirement allows stormwater detention basins to be used for replacement, though this will not be allowed once the permanent program begins. At least two stormwater detention basins suitable for meeting replacement requirements will be created as part of this project. One of these ponds will be created to alleviate flooding 1 problems in the Country Hollow Addition. The proposed pond is located north of Diffley Road approximately 900 feet west of the intersection of Diffley Road and State Highway 3, and is designated as Pond JP-26.2 in the Comprehensive Storm Plan for the City (Figure 2). The pond will be composed of two cells (Figure 3). The first cell will be approximately one acre in surface area at the normal water level, while the second will be approximately 1.5 acres. This pond is intended for use as replacement for the wetland to be filled. Since the total area of the detention pond at normal water elevation easily exceeds the area of wetland to be filled, the replacement standard under the interim program guidelines will be met. Staff Recommendation Staff recommends that the Council authorize filling of up to .25 acres of the fringe wetland associated with City stormwater Pond JP-27 and that the Council approve the use of newly created stormwater detention Pond JP-26.2 as replacement for the wetland area to be filed. Rich Brasch Water Resources Coordinator RB/cm c: Tom Colbert, Director of Public Works Mike Foertsch, Assistant City Engineer 2 3 r / "/`.144"TT� }J 1"J \ O ti ` IL v 4∎a ��� • •�,r] st DD. ` a •1 .:- i. 'Al,*/�►f �``r N 24" GP-4 'ti i b it ! �� iiR.6 •� 3 '+r4i:i=r Figure ] CL.Nipipl IF;I- NI� ' I? iiIr I//1I/�rt■ ■ I�►,1 ii •i -m -- ' - - . ♦—►ri-•‘-7�. / ► ;, `sr■sst.' j• •L.Vt JP-5811 CL. V z - ti �;, �- 14,417 :��411�a ♦� CL. I V ‘4' u .4 __11,..16 06,Apei ft ...t zdvor —0-, VI, 46/ 1 uj SigILk:z;146,zia- is?...111 or i, I 0 44 4SA' 4* *PLO M•iiii61Pailt■°""41#0.44 A • t• ' - - JP-5- ;: JP-20.1 /_' •, J .it:.m BRIDL 1•; �t1 i'�:,IA:-.,I; :N/ `` Iii CL.Y «���I�wr Pa �����:����r i�-54 / �m, ���, IN. 11 o iiI l ��I l,fj <P L. V l at 44146. 4..- ---■‘■-i.,;;i'41'4.`4%;*<4 4f;:,, 4 pl■ Age#,17 . j p- 23 Z ) 4IP Arkz•,_ Agit, .:•4•1 Ib• *# I, td (MINIM AN H L c �e % 2" Jr..-,55.10; T Y CO ' ADD N p� X53 JP-2i,-- r' C ,.: - .. 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I 4 a 1.%,111.111°.' 1■••00° • ,. /Il / ...tn..1 .1.:".c ,......_,e,. -- �0 _.- __ _ :! /� ( .% i v� w " al W�— ........ .0 V is W o•r� N ' � a 1I 1�l '" I• I lig � „ 00•110.7 t : S ..Q :I I 1! '..:441 IIP 00 f1 a. us t.i ^1! --- -- oo ct - oo ct -lo ct :e • 1 w Agenda Information Memo April 5, 1993 City Council Meeting LICENSE/BINGO/VALLEY VIEWERS 4-H CLUB, I. License,Bingo,Valley Viewers 4-H Club,Fourth of July Celebration--The Valley Viewers 4-H Club has submitted an application for exemption from a lawful gambling license. The exemption covers the period from July 2, 1993 through July 5, 1993, and is in conjunction with the 4th of July Celebration. Enclosed on page 3is a resolution authorizing exemption from the lawful gambling license. The club has operated bingo games since 1988. The Police Department has not identified any reason to deny the application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution authorizing the exemption from lawful gambling license for Valley Viewers 4-H Club. RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE WHEREAS,the Valley Viewers 4-H Club has applied for an exemption from Lawful Gambling license, and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, the Valley Viewers 4-H club has operated bingo games in conjunction with the Fourth of July celebration since 1988, NOW, THEREFORE, BE IT RESOLVED, that the City Council of Eagan, Dakota County, Minnesota,hereby approves the Exemption from Lawful Gambling License for Valley Viewers 4-H Club. Motion made by: CITY OF EAGAN CITY COUNCIL Seconded by: BY: Those in Favor: Those Against: ATTEST: Dated: April 5, 1993 CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of April, 1993. E.J. VanOverbeke, City Clerk 3cet Agenda Information Memo April 5, 1993 City Council Meeting SBA GRANT/LAND CAPING MATERIALS AND INSTALLATION MUNICIPAL CENTER J. SBA Grant for Landscaping Materials and Installation for Municipal Center Site--In 1992, the City Council authorized staff to submit an application for an SBA grant for Municipal Center landscaping. The grant includes landscape material and labor to install the material to a maximum of $10,000. The City is r sponsible for up to 50% of this cost. The grant has been awarded. Enclosed on page j is a copy of a memo from Director of Parks and Recreation Vraa concerning this item and concerning the bids which were received for this project. It would be appropriate at this time for the Council to approve the SBA grant and the contract amount for Friedges Landscaping in the amount of$10,000 to be matched by $5,000 from the City. Those funds will come from a combination of the City's general fund and forestry budgets. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the SBA grant for landscape material and labor at the Municipal Center site and to approve the contract amount for Friedges Landscaping in the amount of $10,000 to be matched by $5,000 from the City. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR tFROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MARCH 30, 1993 RE: SBA GRANT, MUNICIPAL CENTER LANDSCAPING Background In 1992, the City Council authorized staff to submit an application for an SBA Grant for Municipal Center landscaping. The landscaping plan was developed by Steve Sullivan, Landscape Architect/Parks Planner. The grant includes landscape material and the labor to install this material to a maximum of $10,000. The City is responsible for up to 50%. Summary of Quotes A landscape plan was prepared by Steve Sullivan, Landscape Architect/Parks Planner for the City. Bids were solicited for this work effort. Eight contractors submitted quotations on the work effort with the lowest responsible bidder being Friedges Landscaping. The gross amount was less than the $10,000 allocated in the SBA program. However, by amendment, we may purchase additional landscape material to be located off site to the maximum of $10,000. Staff would recommend that this be done because it does allow the City to buy and install material utilizing the 50% match. In developing the landscaping plan, Steve Sullivan took care in keeping most of the landscaping material outside of the area where it is believed that expansion of City Hall will occur. This would be the area to the north and east of the existing parking lot, immediately adjacent to new entrance ramp into the Municipal Center and along Pilot Knob Road. For Council Action To approve the SBA Grant and the contract amount for Friedges Landscaping in the amount of $10,000 to be matched by $5,000 from the City. Those funds will come from a combination of the City's general fund and forestry budgets. KV/dj D3KEN-HEDGESSBAGRAWf.MEM Agenda Information Memo April 5, 1993 City Council Meeting ISTEA GRANT/TRAILWAY CONNECTIONS K. ISTEA Grant for Trailway Connections—At its meeting on April 1, 1993, the Advisory Parks, Recreation & Natural Resources Commission reviewed a request to submit a grant application to the Minnesota Department of Transportation to secure matching federal funds for the development of a trailway connection between the Eagan Trails System and the Minnesota River Valley Network of Trails. The Commission recommended the approval of an application to MnDOT for federal cost sharing of trails development and enhancement into the Minnesota River Valley under the Federal ISTEA Program. The Commission further recommended approval to submit a similar application under the Metropolitan Council Surface Transportation Program when such funding becomes available. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the application to MnDOT for federal cost sharing of trails development and enhancements into the Minnesota River Valley under the Federal ISTEA Program and to approve submitting a similar application under the Metropolitan Council Surface Transportation Program when such funding becomes available. Agenda Information Memo April 5, 1993 City Council Meeting RECREATIONAL FACILITY COST ESTIMATOR L. Estimate Recreational Facility Project--The City Council has previously approved the securing of a cost estimator for the purpose of defining schematic plans for the proposed multi-purpose recreational facility with a cost projection for construction. Staff has investigated the firms which are available for this type of work. Enclosed on page ti is a copy of a memo from Director of Parks and Recreation Vraa regarding this item. 'He is recommending the hiring of the firm, Arena Construction Consultants, at a cost not to exceed $5,000 for the work associated with site development, schematic plan development, value engineering and cost estimating for the proposed recreational facility for the Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the firm, arena construction consultants, at a cost not to exceed $5,000 for the work associated with site development, schematic plan development, value engineering and cost estimating for the proposed recreational facility for the City of Eagan. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR OM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MARCH 30, 1993 RE: RECREATIONAL FACILITY COST ESTIMATOR Background The City Council has previously approved the securing of a cost estimator for the purpose of defining schematic plans for the proposed multi-purpose recreational facility with a cost projection for construction. The cost estimator would also be responsible for defining and delineating a breakdown of costs associated with this construction in order that the community task force might be able to ask for cash or materials to help reduce or meet building costs. The firm will also be responsible for value engineering associated with the project and for determining a grade elevation for the building; as well as phase implementation. Arena Construction Consultants Staff has been placed in touch with Arena Construction Consultants, a relatively small firm who is familiar with and have developed design approaches for pre-engineered buildings, similar to that which Eagan has approached for its facility. Individuals associated with the firm have been involved in several projects, most recently with the Centennial Ice Arena project, Chisago Lakes and several other arenas that are currently under construction or are in the planning process. For Council Action: Staff is recommending the hiring of the firm, Arena Construction Consultants, at a cost not to exceed $5,000 for the work associated with site development, schematic plan development, value engineering and cost estimating for the proposed recreational facility for Eagan. KV/dj D3ARENACON.MEM dc Agenda Information Memo April 5, 1993 City Council Meeting RESOLUTION/1993 REFUNDING ISSUES/1993 EQUIPMENT CERTIFICATES M. Resolution Approving Sale Notice for 1993 Refunding Issues and 1993 Equipment Certificates—The City Council previously established April 20 as the sale date for the following bonds to be issued by the City: 1. 1993A$325,000 General Obligation Equipment Certificates of Indebtedness. 2. Approximately $7,290,000 General Obligation Water Revenue Refunding Bonds, Series 1993B to refund a portion of the City's General Obligation Water System Revenue Bonds, Series 1990A. 3. Approximately $1,290,000 General Obligation Fire Facilities Refunding Bonds, Series 1993C to refund a portion of the City's General Obligation Fire Facilities Bonds, Series 1988B. 4. Approximately$4,650,000 General Obligation Improvement Refunding Bonds, Series 1993D to refund portions of the City's General Obligation Improvement Bonds, Series 1989A and General Obligation Improvement Bonds, Series 1990B. Sealed proposals for the Certificates and Bonds will be received until 10:30 o'clock a.m. on Tuesday, April 20, 1993, at Springsted Incorporated. The City Council will consider the proposals and awarding the sales of the certificates and bonds at the regular meeting that evening. If any member of the City Council would like to see complete copies of the Terms of Proposal, please contact the Office of the City Administrator or Director of Finance and they will be provided. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution approving sale notices for the 1993 certificates and bonds sales. Agenda Information Memo April 5, 1993, City Council Meeting APPROVE RESOLUTION DESIGNATING ADDITIONAL MUNICIPAL STATE AID MILEAGE/ROUTES N. Approve Resolution Designating Additional Municipal State Aid Mileage/Routes-- The City is allowed to designate up to 20% of its local street mileage as a Municipal Aid Street (MSAS). Presently, the City of Eagan has 42.38 miles for M A designation. A resolution has been prepared as enclosed on pages through identifying the location of the additional segments for Municipal Stated designate n. By approving these designations, the City will be able to apply for a greater share of the gas tax refund based on the increased construction needs to complete this MSA system. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Resolution designating additional Municipal State Aid mileage/routes and authorize the Mayor and City Clerk to execute all related documents. CITY OF EAGAN RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears the City Council of the City of Eagan that the street hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota law. NOW. THEREFORE. BE IT RESOLVED, by the City Council of the City of Eagan that the road described as follows, to wit: Segment Termini Lenath MSA 126 Highsite Drive County State Highway 31 0.58 miles (West) (Pilot Knob Road) to Federal Drive MSA 112 County Rd. 28 T.H. 149 to East City 0.50 miles (Yankee Doodle Road) limits with Inver Grove Heights MSA 126 Highsite Drive County Road 43 (Lexington 0.65 miles (East) Avenue) to County Road 28 (Yankee Doodle Road) at Wescott Hills Drive TOTAL 1.73 miles be, and hereby are established, located, and designated as Municipal City Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED,that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration,and that upon his approval of the designation of said road or portion thereof,that the same be constructed, improved and maintained as a Municipal State Aid Street of the City of Eagan,to be numbered and known as MSA 126- Highsite Drive, and MSA 112 -Yankee Doodle Road. Motion made by: CITY OF EAGAN Seconded by: CITY COUNCIL Those in favor: Those against By: Dated: Attest: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as 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 , 1993. E.J. VanOverbeke S.LHJI3H • NAONJ '� C .o ..�,?11N I *• C R \).1 :7 ----;,1--- u y (C� * a I 1 p �,\Ll S � ` Is!; tfilp 1 J,-.. 1111 fif . ,c �Y�'! E1RC`s / r i - .` 1't 411 : • f } p ��• 1 V ~.fit 6/0\'V 17 l C:i7 or 3dln g( 1i33 5�∎� /' ; 8 S.Ilval /„,oy� r /' '^ d /ems 'r7 avNrn C' f • lif cIi ****, ** �� us 110253$ p/ Ali 3•401 g N Z ci • I : • :.#o r e " I m a ►„• 14; '0A-10 :INOtlsnyt 135!it * . ` N ` F.-Jr-ur,., ---•+ * ;I c • \ Y y _ I• \\\ :r ^ �l(�J� ' il,,,, , •3<r /!. ,• NO10NIr31 1` II• 13885 �_ o n n 1 \. \ • .•... Z w C N V I _V.�''...-1,11E.^.=••••l �Odi 1�OOD J 1) 1 _ r-`1 •*'i., !I e,ai 7 u �/ <fi t�i rl� it t; � 1 -l�J ....... N030C11 s�` o jN3D 1;111; T 1; %1 4•• 'ld 331•451 g h I•11.,p 3tlos, E / // s -'1133e1 ZnP,SN3A6 ^` •; • 1,/'/... 4�,`�- . � �4 �$`�� ;rr', ail1S3o)i4:�• ^I-•� J• \•-J 1114 1 1 ; t < �� •rl {�F(� )1 r JII =`=. '?' "IiI 1I f tir(- .• ;II ur =t ow. 1 3tl• '�..•cu.(:-• z �� >1 , V t.”" i/` 'it �� •'uu 37,71e153n) .ill a' !� I 0 NG:.:\ I. e Z. •I °1 - Tr:."-H4, s L t 15tl303 z _ *4 m SZ/ T\itil i P.s� _ _ 10,3.33 Wel --...z- 1.4 f.....0 f.1L11S i\•:� ...I•x431/) _ + Su't!. 1�b--.rE����I�i y�5 ,..5_• : �8pg '1r_ pods, ... II.� 'S^t�'I[■ nr.750)S' ' Q• 1 i J ,11)/'1 1.‘k !I �I . .l -AIt• Nee 5 j �I\ -/-= I( _.• 1 ?, o„,.6i• a. ` —Otl 5-Ie.: elf l\\\--�.�i',`7 7;1'11.-.'‘,.•.......,3 ,,,\' \_q.4p •J•,F .,.r 11 .5..,3,17..---� .,. — 1; t11 3' ° '/ ` :. Q:�•I. '' '-JI r SGT R' .00"Iva •13 ;, =I.1 / ✓IriOe /%/'/,., !l► J( • Agenda Information Memo April 5, 1993, City Council Meeting APPROVE PLANS/AUTHORIZE AD FOR BIDS (WENZEL ADDN) O. Contract 93-07,Approve Plans/Authorize Ad For Bids (Wenzel Addition - Streets & Utilities)--On March 16, 1993, the City Council closed the public hearing and formally approved the installation of streets and utilities to service the proposed Wenzel Addition. In addition, authorization was given for staff to proceed with the preparation of detailed plans and specifications which have now been completed and are being presented to the Council for their consideration of authorizing the solicitation of competitive bids. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 93-07 (Wenzel Addition - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 10-30 a.m. on Friday, April 30, 1993. APPROVE PLANS/AUTHORIZE AD FOR BIDS (LEXINGTON AVE STORM LIFT STATION). P. Contract 93-05,Approve Plans/Authorize Ad For Bids (Lexington Avenue Storm Lift Station)--At 10:30 a.m. on Monday, March 29, formal bids were received for the replacement and reconstruction of the storm water lift station located between the Bulk Mail Center and Lexington Avenue. Enclosed on page 41 is a tabulation of the bids received with a comparison of the low bid to the engineer's estimate. All bids will be evaluated for their compliance with bid specification documents and any changes or irregularities will be discussed at the Council meeting on April 5. The City staff is actively involved in acquiring the additional easements from the US Postal Service as necessary for this project. The City has received verbal support for this project from the local plant manager allowing us a right of entry if necessary prior to the formal easement documents being transferred to the City. Because of the long lead time (10+ weeks) of manufacturing and delivering the pumps and related controls, staff is requesting Council consideration of contract award to allow the order to be placed for this special equipment while the easement/right-of-entry issue is further negotiated. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 93-05 (Lexington Avenue Storm Lift Station) and award the contract to the lowest responsible bidder. ("R • LEXINGTON AVENUE LIFTSTATION AND APPURTENANT WORK PROJECT #612B CONTRACT #93-05 EAGAN, MINNESOTA BID DATE: MARCH 29. 1993 BID TIME: 10:30 A.M. CONTRACTORS TOTAL BASE BID WITH DEDUCT 1. CCS Contracting $ 102,095.00 2. S.M. Hentges & Sons, Inc. 103,382.50 3. Ford Construction Co., Inc. 121,104.00 4. Penn Contracting, Inc. 138,280.00 LOW BID $ 102,095.00 Feasibility Report Estimate $ 105,600.00 % Over (+) Under (-) -03.32% Engineer's Estimate 98,000.00 % Over (+) Under (-) +04.18% 't' Agenda Information Memo April 5, 1993 City Council Meeting HRA SENIOR HOUSING SECOND PHASE AGREEMENT Q. Ratification, Dakota County HRA Agreement, Regarding HUD Financing of Senior Housing Second Phase--In action taken at its meeting of January 5, 1993, the City Council adopted a HUD Community Development Block Grant application authorizing the accumulation of the City's CDBG funding proceeds for implementation of the second phase of the City's senior housing facility. At that time, staff was directed to coordinate the preparation of an agreement with the Dakota County HRA to impleriaQ nt this fundin arrangement. For a copy of the draft agreement, please refer to pages ' Ctthrough The agreement has been reviewed by City staff and the City Attorney's office and is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify an agreement between the City of Eagan and the Dakota County HRA regarding HUD financing of the senior housing second phase as presented. 4 9 r AGREEMENT FOR TRANSFER OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDS THIS AGREEMENT is entered into this day of February, 1993 by and between the Dakota County Housing and Redevelopment Authority, a public body corporate and politic (the "Authority") and the City of Eagan, a municipal corporation (the "City"). WHEREAS, the Authority is an entitlement community as defined in the Housing and Community Development Act of 1974 as amended (42 USC 1 5302) and receives a Community Development Block Grant (CDBG), a portion of which is allocated to the City; and WHEREAS, the CDBG funds allocated by the Authority, to the City may not be used for the construction of housing pursuant to the regulations promulgated by the U.S. Department of Housing and Urban Development (HUD) (24 C.F.R. 1 207); and WHEREAS, the City wants to cause the second phase of the "Oak Woods Senior Housing Development", an affordable housing project (the "Project") to be constructed, but the HUD regulations prohibit the use of CDBG funds for this purpose; and WHEREAS, the Authority is the recipient of HOME funds from HUD pursuant to the HOME Investment Partnership Act, 42 U.S.C. 1 I 12701 through 12839; and WHEREAS, HOME funds may be used for the new construction of affordable housing according to 42 U.S.C. 1 12742 and 24 CFR part 92 and the Project proposed by the City satisfies these HUD statutory and regulatory requirements; and WHEREAS, in order to facilitate the construction of the Project, the Authority proposes to provide the City with an allocation of the Authority's fiscal year 1993 HOME funds and in return, the City proposes to allow the Authority to retain the City's fiscal year 1993 allocation of CDBG funds. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties hereto agree as follows: 1. The Authority agrees to provide the City the sum of one hundred ninety-two thousand seven hundred eighty-one dollars ($192,781.00) from the Authority's 1993 allocation of HOME funds. 2. The City agrees to permit the Authority to retain the sum of one hundred ninety-two thousand, seven hundred eighty-one dollars ($192,781.00) from the City's 1993 allocation of CDBG funds and the Authority will reprogram these retained CDBG funds for the Authority's countywide, single family housing rehabilitation program. 3. The City agrees to permit the Authority to reprogram the City's allocation of fiscal year 1993 CDBG funds as of the effective date of this Agreement first recited above. 4. The Authority agrees to provide the City with an allocation of HOME funds in the amount recited above on approximately June 1, 1993. MAR-31-93 WED 11:59 DAKOTA COUNTY HRA FAX NO. 4238180 P. 02 5. Upon receipt of the allocation of HOME funds, the City agrees to commit the funds for the construction of the Project no later that May 31, 1985 and the City agrees to expend the funds for eligible Project construction costs no later than May 31, 1997. 6. Any modification of this Agreement shall be in writing and be executed by the parties. 7. The effective date of this Agreement shall be the date and year first written above. ATTEST: THE DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: _ Shirley Zbylicki Robert J. Alpers Secretary Chairperson THE CITY OF EAGAN, MINNESOTA By: E. J. VanOverbeke Thomas A. Egan Clerk Mayor S-1E) R�98% 4238180 03-31-93 12: 04PM P002 #28 Agenda Information Memo April 5, 1993 City Council Meeting AGREEMENT/TEMPORARY USE OF CITY COMPOST SITE R. Adopt Agreement, Empire Organic Gardens/SMC for Temporary Use of City Compost Site—In August of 1992, the City Council approved an interim use permit to allow R. D. Picar & Company to operate a compost site on property owned by Gopher Smelting near the intersection of Yankee Doodle and Elrene Roads. Implementation of this interim use permit required grading and certain improvements to the site which have yet to be completed. Since that time, Gopher Smelting has terminated its relationship with Picar and has entered into an agreement with Empire Organic Gardens and Southern Minnesota Construction to operate a similar facility on this site. Because the grading improvements were not completed last fall, it is necessary for Empire and SMC to undertake the grading and improvements this spring. As a consequence, the Gopher site will be under construction during the spring cleanup period when substantial amounts of yardwaste are being collected by area residents. As a consequence, Empire has indicated a desire and willingness to operate the existing City compost site on a temporary basis until such time as the Gopher site has been improved. At the present time, it is anticipated that this improvement will be completed by May 15. A letter of understanding has been prepared by City staff and reviewed by the City Attorney's office relativ to this temporary use of the City site. A copy of it is enclosed on pages S. hrough for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To adopt a letter of agreement between the City of Eagan and Empire Organic Gardens/SMC for the temporary use of the City compost site as presented. AIL city of ocigcin March 31, 1993 THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A.MASIN John Guillemette THEODORE WACHTER ' Council Members Empire/SMC Compost Services THOMAS HEDGES 15325 Babcock Ave. City Admininstrotor Rosemount, MN 55068 EUGENE VAN OVERBEKE City Clerk Dear Mr. Guillemette: This letter written and agreed upon by and between the City of Eagan, Minnesota and Empire/SMC Compost Services is intended to establish requirements for use of City of Eagan property. The following conditions have been set in accordance with the use of the City of Eagan property located at 3830 Pilot Knob Rd. as an interim yardwaste facility. The area is adjacent to the Eagan Municipal Center and is approximately 3.2 acres. - Approximate schedule for operation is April 15, 1993 through May 15, 1993. Weather permitting, full operation of the site may begin prior to April 15. Operation is defined as accepting materials from sources stated in condition six. The conditions are as follows: 1. Use of Premises Use and occupy the premises for yardwaste (grass, leaves and prunings) transfer and wood waste chipping. 2. Hours of Operation The hours of operation for the facility shall run no sooner than 7 a.m. and no later than 8 p.m. Monday through Saturday. The hours of operation for the facility shall run no sooner than 8 a.m. and no later than 8 p.m. on Sunday. 3. Odors If a designated employee of the City of Eagan determines that offensive odors from the premises are unacceptable, it will immediately notify Empire/SMC orally, to be followed by a written notice within one business day. Upon oral notice, Empire/SMC shall immediately initiate corrective action by removing the offending materials or taking other appropriate action. MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN,MINNESOTA 55122.1897 EAGAN,MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 FAX:(612)681-4612 Equal Opportunity/Affirmative Action Employer FAX:(612)681-4360 TDD.(612)454-8535 TDD:(612)454-8535 • PAGE TWO GUILLEMETTE MARCH 31, 1993 4. Blowing Debris Empire/SMC shall prevent yardwaste debris from being windblown from the premises onto surrounding property. 5. Indemnification Empire/SMC shall hold the City of Eagan harmless from and indemnify the City of Eagan against any and all liability, damage, loss and expense arising or resulting from the acts or omissions or caused by Empire/SMC or its employees, servants, agents, or arising out of or related to the use and occupance of the demised premises or the business or activity conducted with respect hereto, including injuries to person and property. 6. Types of materials received Material accepted will be limited to debagged or loose acceptable yardwaste. Acceptable yardwaste is defined as grass, leaves, prunings, garden wastes and tree wastes. Users of the facility will be limited to individual residents, landscape and lawn service companies and businesses delivering yardwaste from their own property. 7. Condition of Premises The premises shall be returned to its original condition no more than 14 days after the last day of operation (acceptance of materials from residents, et al.) as established between Empire/SMC and the City of Eagan. The site shall be returned to its original condition to later than June 5, 1993. 8. Signage Empire/SMC will provide adequate signage which displays days and hours of operation. The sign shall be posted at the front gate. 9. Additional Condition The City of Eagan may deliver to the facility up to 250 cubic yards of yardwast and/or brush per year without cost. The City of Eagan will be charged a fee, consistent with the user fee schedule for volumes of yardwaste and/or brush delivered in excess of this amount. This condition would carry over to the permanent site when it is operational. The undersigned parties have agreed to the conditions as stated and have executed the agreement on the dates indicated below. S3 PAGE THREE GUILLEMETTE MARCH 31, 1993 Empire/SMC Compost Services City of Eagan Title: Title: Date: Date: Title: Date: S Agenda Information Memo April 5, 1993, City Council Meeting S. Contract 86-RR, Acknowledgment of Completion/Authorize City Maintenance (Wilderness Ponds Addition, Streets and Utilities)--On December 17, 1991, the Council approved an agreement between the City and the Developer of the Wilderness Ponds Addition to correct a number of deficiencies which the development failed to perform in accordance with the Development Agr ement executed for the Wilderness Ponds Addition. Attached on pages 57 through 5/ is a copy of the December 17, 1991 executed agreement. As a result of the agreement between the City and the Developer, storm sewer corrective work to service the Wilderness Ponds development was performed as a part of City Contract 92-05 (Wilderness Ponds Storm Sewer and Oak Cliff 6th Addition Street & Utility Improvements). The final payment for Contract 92-05 was authorized by Council action on January 19, 1993. City staff has calculated the cost sharing as identified in the above referenced agreement for the City's and the Developer's share of the storm sewer improvements. In accordance with the agreement, the Developer deposited a $30,000 cash escrow with the City as a financial guarantee for the Developer's payment of his portion of the storm sewer improvements. The Developer's portion of the storm sewer improvements amounted to $27,112.34 and as a result the Developer is entitled to a refund of $2,887.66 in accordance with the Agreement. As a result of the Developer's compliance with the terms of the agreement, the City agreed to acknowledge the completion of the streets and utilities within the Wilderness Ponds Addition and assume perpetual maintenance responsibilities. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 86-RR (Wilderness Ponds Addition, streets and utilities) and assume perpetual maintenance responsibilities. • AGREEMENT THIS AGREEMENT, made and entered into this , 0/744— , day of December, 1991 by and between: A. The City of Eagan, Minnesota, a Minnesota municipal corporation, hereinafter referred to as "EAGAN"; and, B Wilderness Ponds, Inc. , a Minnesota corporation, hereinafter referred to as "DEVELOPER". WHEREAS, by DEVELOPMENT CONTRACT dated November 6, 1986, EAGAN and DEVELOPER agreed that DEVELOPER would develop a subdivision known as Wilderness Ponds, subject to the terms and conditions specified in said LEVELOPMEN': CONTRACT; and WHEREAS, in anticipation of the DEVELOPMENT CONTRACT. on June 16, 1986 E.AAN and DEVELOPER'S predecessor entered a DEVELOPMENT ESCROW AGREEMENT pertaining to the subdivision; and WHEREAS, by the spring of 1990 EAGAN claimed numerous defects, defaults and deficiencies in the development of Wilderness Ponds by DEVELOPER. These claimed defaults and defects included: A. DEVELOPER'S then-current negative escrow account balance; and, B. The construction defects and deficiencies specified in Assistant City Attorney J. Patrick Wilcox's letter of June 8, 1990 to Douglas Turbak Esq. A co py of said June ne 8, 1990 letter is attached hereto as Exhibit "A". The defects alleged in said letter and the DEVELOPER'S claimed negative escrow balance shall hereafter be collectively referred to as the SUBJECT CIA:Ms; and WHEREAS, DEVELOPER has vigorously denied any serious defect, default, . cr Deficiency in its performance under the contract; and, • • WEERET,S, EAGAN and DEVELOPER now wish to amiably settle and resolve the SUBJECT CLAIMS and their respective actions regarding the SUBJECT CLAIMS. NOW, THEREFORE, for and in consideration of the mutual premises contained herein, the receipt and sufficiency of which is hereby acknowledged by both parties, it is hereby agreed as follows: 1. In full and complete satisfaction of DEVELOPER'S negative escrow balance, DEVELOPER shall pay to EAGAN the sum of $26,111.00 upon execution of this Agreement. 2. The storm sewer lateral system which the DEVELOPER designed and installed to drain, among others, the area tributary to the backyards in the vicinity of Lots 34, 35 and 36 of Block 2 of wilderness Ponds as now connected to a Ches Mar storm sewer system does not adequately drain the area. For purposes of this Agreement, the replacement of, and repairs to, said storm sewer lateral defects shall be referred to as .the STORM SEWER REPAIR. In lieu of DEVELOPER constructing the STORM SEWER REPAIR, EAGAN shall undertake such repair using the method shown in the City's "Wilderness Ponds Storm Sewer" Drawing dated October 18, 1991 and signed by John P. Wingard, P.E. , ,a copy of which is incorporated herein as Exhibit B. While EAGAN will arrange for the construction of the entire STORM SEWER REPAIR, each party's cost participation in the project shall be as follows: a. DEVELOPER shall be responsible for the construction costs attributable to the construction of the repairs in the following areas (as shown on the above-referenced Exhibit "B" • Drawing and as itemized and described on Exhibit C): DEVELOPER shall be responsible for the costs of building MH 105 and for all work from MH 105 heading generally easterly to and through MH 104 thence to CBMH 102 thence to CBMH 101 and thence to Existing MH 100. Without limiting the generality of the foregoing, DEVELOPERS shall be responsible for all costs incurred in the construction of MH 105, MH 104, CBMH 102, CBMH 101, • Existing MH 100 and all related piping and all items and work identified or contemplated on the attached Exhibit C which is entitled "Developer's Portion". b. EAGAN shall be responsible for all construction costs attributable to the following two areas: (i) Commencing at Pond BP-11 and thence heading, generally, southeasterly to CBMH 106 and then to MY 105. Without r2.7 limiting the generality of the foregoing, City shall be responsible for all costs pertaining to the pipe outlet in Pond BP-11 and the cost of CBMH 106 and all related piping. • (ii) Heading generally southeasterly from Imo] 104 to CB 103. - Without limiting the generality of the foregoing, City shall be responsible for the costs of CB 103 and all related piping. 3. As stated on Exhibit C, it is estimated and anticipated that the SEWER SYSTEM REPAIR costs for the area which DEVELOPER shall be responsible for (as defined in Section 2, a, above and in Exhibits B and C) shall be approximately $21,150.00. Upon execution of this Agreement, DEVELOPER shall deposit with EAGAN a $30,000.00 cash deposit to be used by EAGAN to pay for the DEVELOPER'S portion of the STORM SEWER REPAIR costs. Should such final costs be less than $30,000.00, then the remaining balance shall be refunded to DEVELOPER at the completion and acceptance of the STORM SEWER REPAIR. 4. Ir. full and complete satisfaction of any claims regarding EAGAN'S holding of DEVELOPER'S Letter of Credit, following DEVELOPER'S payment of the sums specified in Sections 1 and 3, above, to EAGAN, EAGAN shall release to DEVELOPER Irrevocable-Letter of Credit No. 3350I, initially issued by Builders Development & Finance, Inc. on October 10, 1986 and in the present current arrnour,t. of $89,489.00, and EAGAN shall also release any other litter of credit for the subject Wilderness Ponds subdivision issued in EAGAN'S favor on behalf of DEVELOPER. F. Fcilowing the final and satisfactory completion of the STORM SEWER REPAIRS, EAGAN shall issue its written notice of acceptance of the Wilderness Ponds Subdivision improvements in accordance with Section 6(E) of the DEVELOPMENT CONTRACT. 6. Subject only to DEVELOPER'S obligations to EAGAN under the standard warranty provisions of the DEVELOPMENT CONTRACT, EAGAN • and DEVELOPER, for themselves and for their respective successors and/or assigns, do hereby forever waive, settle and release any and all manner of claims, demands, damages and/or causes of action each might have against the other in any manner arising from or pertaining to the SUBJECT CLAIMS specifically including but not limited to DEVELOPER'S negative escrow balance, as well as each respective party's conduct, acts and/or omissions under the DEVELOPMENT CONTRACT or the DEVELOPMENT ESCROW AGREEMENT in any manner arising from or pertaining to the SUBJECT CLAIMS. -3- T IS SO AGREED. • DEVELOPER WILDERNESS PONDS INC. By: ��S _ �v .tle: Air of EAGAN OF EAGAN fr6-; Thomas Egan, Its Mayor. ATTEST Eugen- anOverbeke Its Ci y Clerk • • • -4- Agenda Information Memo April 5, 1993 City Council Meeting CONTRACT CHANGE ORDER/METRO FIRE FIRE PUMPER TRUCK EQUIPMENT T. Contract Change Order/Metro Fire for Fire Pumper Truck Equipment--A contract - change order in the amount of $14,868 to equip the new fire pumper truck is being proposed. The original budget for the new fire pumper truck was $205,000 and the two (2) bids received for the vehicle were custom at $195,900 and General Safety Company, the parent to Metro Fire Inc., in the amount of $179,400. The quotation/contract change order itemizing equipment for the fire pumper truck is enclosed on pages (0 ( through (. With the base bid amount of $179,400 and the quotation/change order in the amount of $14,868, the total cost of the fire truck and equipment is within the budget. The Fire Department has bid the fire pumper trucks fully equipped, however, it was the decision of the truck committee of the Fire Department to not include the equipment as a part of the base bid. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the quotation in the amount of $14,868 as a change order for the fire pumper truck to Metro Fire Inc., a subsidiary of General Safety Company. COO / General a Genera/Safety Company QUOTATION/PROPOSAL TO: EAGAN FIRE DEPT C/O RICK MCINTYRE EAGAN, MN. 55122 OTY DESCRIPTION PRICE AMOUNT NATIONAL FIRE HOSE N-DURA 800 FT. 14-SN6-D 2.5" N-DURA FIRE HOSE 3.35FT 2680.00 COUPLED 50 FOOT LENGTHS 5 100 FOOT LENGTHS OF 5", COUPLED 506.00EA 2530.00 WITH 5"STORZ COUPLINGS 1 50 FOOT LENGTHS OF 5", COUPLED 395.00EA 395.00 WITH 5"STORZ COUPLINGS 1 35 FOOT LENGTHS OF 5", COUPLED 329.00EA 329.00 WITH 5" STORZ COUPLINGS DUO-SAFETY FIBERGLASS PIKE POLES 2 6 FOOT PIKE POLES WITH D HANDLES 59.00EA 118.00 SOUTH PARK WRENCH SETS W/MTG BRK. 4 WH76301A WRENCH HOLDER W/(1) ADJ. 49.00EA 196.00 HYDRANT WRENCH & (2) UNIVERSAL SPANNER WRENCHES 1 MODEL 222-2.5"CHROME WAT-R-WALL 269.00EA 269.00 NOZZLE NORTHLINE HYDRANT ADAPTORS 2 MODEL SFSA 545 5"STORZ TO 4.5"NST FE- 139.00EA 278.00 SWIVEL ELKHART SELECT 0 MATIC NOZZLE 5 SM-20FG 1 3/4"NOZZLES W/PISTOL GRIP 459.00EA 2295.00 (60-200 GPM) METRO FIRE, INC. P.O. Box 249/550 Eighth Avenue, North Branch, Minnesota 55056 Phones: Local (612)674-8558/Metro 221-1912 Toll Free (800)952-6685 RED HEAD STORZ WRENCH HOLDER 1 S-146 STORZ SPANNER WRENCH HOLDER 19.00EA 19.00 4 SE-2 STORZ SPANNER WRENCHES 15.00EA 60.00 1 LONG BACKBOARD 339.00EA 339.00 1 SHORT BACKBOARD 215.00EA 215.00 1 6 LB. MANN PICKHEAD AXE-FG HANDLE 39.00EA 39.00 1 6 LB. MANN FLATHEAD AXE-FG HANDLE 35.00EA 35.00 SOUTH PARK AXE BRACKETS 2 ZAH5101 C CHROME AXE SHIELDS 14.00EA 28.00 2 ZSMA5201 C AXE HANDLE BRACKETS 13.00EA 26.00 SIDE MOUNT CHROME SOUTH PARK PRY BAR HOLDER SET 1 CHR55Z01 C PRYBAR HOLDER SET 23.00SET 23.00 RAISED-CHROME 1 K.E.D. BOARD-ADULT 149.00EA 149.00 3 CIRCLE D PORTABLE FLOOD LIGHTS 174.00EA 522.00 (MODEL 164G) 500W QUARTZ 1 ELKHART FOAM AERATION TUBE FOR 199.00EA 199.00 SM2OFG (#246) 1 20 LB ABC FIRE EXTINGUISHER WITH 99.00EA 99.00 VEHICLE BRACKET 1 20 LB CO2 FIRE EXTINGUISHER WITH 199.00EA 199.00 VEHICLE BRACKET 2 STYLE 36 2.5"DOUBLE MALE ADAPTERS 17.00EA 34.00 LIGHTWEIGHT 2 STYLE 35 2.5" DOUBLE FEMALE ADAPTERS 29.00EA 58.00 LIGHTWEIGHT 2 14'X 18' 13 OZ. RED SALVAGE TARPS 124.00EA 248.00 2 3' X 50' 13 OZ HALL RUNNER TARPS 124.00EA 248.00 1 36" H.K. PORTER BOLT CUTTER 159.00EA 159.00 PARATECH HOOLIGAN TOOL 1 22-000605 HOOLIGAN MOUNTING BRACKETS 39.00SET 39.00 ECHO QUIKVENT SYSTEM 1 QV-8000 SAW COMPLETE WITH BAR 1395.00EA 1395.00 AND CHAIN. INCLUDES: (1) SPARE CHAIN (1) CHAIN SCABBARD (1) 6-PACK 50IL ENGINE OIL (1) GALLON BAR AND CHAIN OIL (1) CARRYING CASE (1) ONE GALLON SAFETY GAS CAN ELKHART PLAYPIPE COMBINATIONS 2 STSM-30BPA 2 1/2"PLAYPIPE 749.00EA 1498.00 COMBINATIONS 3 P. 23 CIRCLE D QUICK RELEASE LIGHT 49.00EA 147.00 CLAMPS TOTAL 14,868.00 ABOVE PRICES GOOD FOR 30 DAYS THANK YOU SINCERELY MIKE LARSON ( `-( 3-a3- 93 • 3 Agenda Information Memo April 5, 1993 City Council Meeting CONSIDERATION/CONSTRUCTION MANAGEMENT APPROACH MUNICIPAL CENTER/POLICE ADMINISTRATION U. Consideration of Construction M Bement Approach/Municipal Center/Police Administration—Enclosed on pages through � is a copy of a memo entitled "Construction Management roach an Munici a Center-Police Administration"that � APP P outlines the traditional approach versus the construction management approach for a capital building project. More communities are using the construction management approach and feel they have realized a significant savings in addition to a better project for their various municipal projects. Apple Valley, Burnsville and Lakeville have all used construction management and speak highly of the program. Under the direction of the City Administrator, the management team has discussed the philosophy of construction management,the Director of Public Works and Director of Parks and Recreation have researched the alternative and the recommendation to the City Council is to consider the construction management approach to the implementation of the Municipal Center/Police expansion program. • ACTION TO BE CONSIDERED ON THIS ITEM: To consider approval of the use of a construction manager and to direct staff to prepare an RFP for selection of a construction management group for the City Hall/Police expansion project. (f MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: TOM HEDGES, CITY ADMINISTRATOR DATE: MARCH 31, 1993 - RE: CONSTRUCTION MANAGEMENT APPROACH EAGAN MUNICIPAL CENTER-POLICE ADMINISTRATION With the approval of the five year Capitol Improvements Program, the management team has begun to structure itself toward the implementation of the Municipal Center/Police Administration expansion. It's effort includes coordination of the site development team with the recreational facility. During the initial discussion of the approach to the Police/Municipal Center project, the issue of project management was brought to the table for discussion by the management team. After an initial discussion, it was determined.that Tom Colbert, Director of Public Works, and Ken Vraa, Director of Parks and Recreation, should investigate the Construction Management approach to potential application for this project. Traditional Approach/Construction Management Approach The traditional approach to most construction projects of this type involves the hiring of an architect who develops the architectural program and then proceeds through schematic and design development, development of construction documents, bidding and ultimate construction. Construction activity is coordinated by a general contractor who is the low bidder on the project. The general contractor then oversees any subcontractors who are directly responsible to the general. This traditional method has worked reasonably well for some projects, but is not necessarily the only approach to project completion. If the owner has sufficient expertise or the project is of a limited scale, the owner could be the general contractor contracting out various divisions of the work. For example, the Parks and Recreation Department has, at times, been the general contractor contracting out various portions of a park's development to subcontractors. The key is understanding the complexity in the scope of the project and then to match it with a management approach that best fits that project. As it relates to the Municipal Center/Police Administration expansion, this is a very complicated project involving remodeling and new construction. Given the complexities of the Police Administration facility with holding cells, office administration, interrogation, dispatch, etc., this particular project will be difficult and complex at best. This type of project suggests that a different approach be taken rather than the traditional architect/general contractor. The Construction Manager, or C.M., is a cost effective alternative to the traditional architect/general contractor approach. Under the Construction Management approach, professional guidance is provided in scheduling, determining constructability and cost control. Contracting expertise is brought into an phases of the project including the schematic design and the design development phases. It is during these first phases that effective cost control begins and ends (See attachment). Decisions made early in the process with the expertise of a construction manager, would help to evaluate less costly alternatives by understanding the constraints and opportunities in construction techniques. - Given the fact that the City is still evaluating the cost effectiveness/suitability of remodeling existing administrative office space for police use vs. new construction, the C.M. would provide critical construction knowledge not typical of architectural firms. The construction manager, besides being involved in the early phases of the design development process is responsible for defining contract packages that can help achieve the lowest bid price. Rather than having one general bid, the construction manager could develop several different bid packages. The packages might be for such things as electrical, material supplying, plumbing, heating, block laying, excavation, masonry, carpentry and the like. These multiple bid packages are more likely to achieve lower cost. Staff has contacted several municipalities who have recently utilized the construction management approach in the development of recent municipal projects. These communities include White Bear Lake, Burnsville, Apple Valley and Lakeville. In addition, the Metropolitan Airports Commission, University of Minnesota and several other large governmental institutions have used the construction management approach for larger projects. Staff has also contacted the Construction Management Association of America, Inc. for additional information. From this, staff has developed what it believes to be the pros and cons of construction management. City Manager Robert Erickson of Lakeville, has become a proponent of the C.M. approach to project management. Lakeville has used the C.M. approach on three recent projects including City Hall construction and fire stations. Lakeville is now pursuing the same approach on a fourth project. Mr. Erickson stated that it was his opinion that Lakeville was able to get more for its money by project's end representing a savings to the community. Mr. Erickson also reported that he has made several presentations to other groups considering the C.M. approach including the City of Rochester,the Waconia School District and the Anoka Library Board. Mr. Erickson also offered other suggestions about the Construction Manager that will be helpful should the City proceed with this approach. Advantages of Construction Management • The construction manager is selected based on qualifications and not low bid. • The construction manager is an independent team member i partnership with the city and who has no financial interest in the project other than a predetermined fee. This is important when having to deal with material selection and change orders. (-P • The construction manager promotes constructability of the project from early design review and involvement with the project's inception. • The owner's awareness of the project is heightened to the greater involvement fostered by the construction manager's involvement. • Process provides check and balance between the architect, engineer and the construction manager during the design phase which can eliminate duplication of the work in job specification and in bidding. • Provides value engineering and life cycle costing. A review of the design options allows the owner to make informed decisions on the front end of the project to control costs, influence quality and be aware of time factors. • Multiple bidding of project sections allows for the receipt of the lowest responsible bid in all project components. • Multiple bidding of project sections can result in improved opportunity for participation for local contractors. • Multiple bidding eliminates bid shopping of the subcontractors' bids thereby resulting in receipt of the lowest bid by the owner. • The construction manager is on site and provides supervision service to represent the owner's interest and improves subcontractor's accountability. Disadvantage of Construction Management • Typically, the lack of standards by which to judge the qualification and capabilities of a construction management firm in the selection process. • Changes recommended by the construction manager must be approved and made by the architect/engineer. This sometimes leads to conflict in the approach between the architect, owner and construction manager. • Construction manager is not necessarily applicable to all projects (staff has found that the construction manager is typically recommended when projects are complex or are in excess of two to two and a half million dollars). In other words, for small projects of less than a million, construction management approach is not necessarily recommended. • Lack of understanding on the part of staff, policy makers and design professionals about the construction manager approach. • Hard to specifically identify value that the construction manager has added to the process at projects completion. Opponents view is that the construction manager may actually add cost to the project rather than promote a savings because the savings are not tangible or easily seen in the schematic and design development phase. (.Q1 Construction Management Selection The process of selecting a Construction Manager would be through the R.F.P. process. Sample R.F.P.'s have been solicited from Lakeville,Apple Valley and the others. The C.M. would help the City to select the architect for the project. This is usually done by assisting in the writing of the Architectural R.F.P., the drafting of program statements reflecting the scope of the City project and in the interview process, if so desired. Cost/Cost Savings As previously mentioned, the Construction Manager is paid a flat-fee for services provided. The C.M. becomes the City's agent and works only on their behalf to insure that the project's objectives of cost containment, quality and on time, are met. Cost savings are not easily identifiable, as City Manager Erickson pointed out. Savings realized are typically a better facility and not necessarily a reduced project expenditure. "Savings" realized come about in several areas: • Lower bids • Improved (less costly) construction techniques • Lower architectural fees The last item, architectural fees, is subjective and is not quantifiable. By nature, architectural fees are on a sliding scale and can be variable by project. Proponents of C.M.'s, however, claim that architectural fees would probably be 1/2 to 1% of project cost higher without a C.M. Staff Review and Recommendation Staff has reviewed the Construction Management approach to the implementation of the Municipal Center/Police expansion and believes this to be the best approach. Staff has concluded that the C.M. will be a valuable addition to the City 'Team" and will be critical in helping the City to evaluate cost effective approaches to meet Police and City Administration needs. For Council Action To approve/disapprove of the use of a Construction Manager and to direct staff to prepare a R.F.P. for selection of a C.M. for the City Hall/Police expansion. D3CONMANAG.MEM Laq • • CHAPTER .V11 EFFECTIVE COST CONTROL STARTS EARLY 00 N ' 1r O O u o Pre-Planning Schematic Design Contract Development Development Development , Bid Construction PROJECT DEVELOPMENT MIS Report - "Management of Facility•Design and Construction" • yIY- d Agenda Information Memo April 5, 1993 City Council Meeting SHORELAND ZONING ORDINANCE AMENDMENT A. Amendment, Shoreland Zoning Ordinance, City Code Chapter 11.21--At its meeting of January 26, 1993, the Advisory Planning Commission considered an amendment to Eagan City Code 11.21 covering a statutory required amendment to the City's shoreland zoning ordinance. The ordinance has been prepared in consultation with the City's consultant planner John Voss and the Minnesota Department of Natural Resources. The Commission recommended approval of the ordinance. For additional information with respect to this item,please refer to the memorandum from City Planner Sturm which is enclosed on pages _1 through 2.1,- It covers a copy of the shoreland zoning ordinance on pages13 through 10 Also enclosed on page Lis a copy of the APC minutes relative to this item. The APC is recommending approval. Finally,enclosed on pages through U.jis a resolution adopting a program to upgrade non-conforming sewage treatment systems. The program outlined is required by the DNR for approval and adoption of the revised shoreland zoning ordinance. This program has been prepared by the City's Planning and Protective Inspections Divisions in conformance with the shoreland ordinance requirements. This resolution requires separate action, but is associated with the ordinance itself. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) an amendment to City Code Chapter 1121 covering the shoreland zoning ordinance and 2) a resolution to approve and adopt a program to update non-conforming sewage treatment systems as presented. MEMORANDUM TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: MARCH 31, 1993 RE: SHORELAND ORDINANCE At the January 26 Advisory Planning Commission meeting, the Shoreland Ordinance was approved unanimously. In 1984 the City adopted a Shoreland Ordinance,an action that was mandated by the state Department of Natural Resources. The City's version was very reflective of their model ordinance. Another update has been required and rather than making changes to the existing code, a new ordinance has been drafted, again very similar to the state's new model. However,it is important to note these items in the new ordinance: o No water bodies within the City were reclassified from their current designation of natural environment lakes, recreation development lakes, or general development lakes. o The Minnesota River and the Kennelly and Harnack creeks are also included in the ordinance. o Charts listing lot area requirements such as setbacks and widths were prepared for unsewered areas, natural environment lakes, recreation development lakes, and general development lakes. Chairman Voracek of the Planning Commission recommended that in the chart on page 16 under Single Dwelling Detached Residential, the average size of non-riparian lots (those not directly touching the water body, but in the district) be increased from 10,000 to 12,000 sq. ft. to match existing R-1 requirements. The 10,000 sq. ft. area was originally in the proposal so that a small lot single family project could be accommodated in a Planned Development district if the Council desired. An example would be something like the Oak Cliff Ponds project along the west side of Slater Road. Probably the biggest change is that the City will require upgrading or replacement of any non-conforming septic system within five years in accordance with state Pollution Control Agency - standards. Community Development Department staff is also including all septic systems not included in the Shoreland Ordinance in the inventory in anticipation of every system being required to be upgraded in the next several years. The Department of Natural Resources (DNR) is also requiring that with adoption of this Shoreland Ordinance a resolution be passed approving a program to upgrade non- conforming sewage treatment systems (attached). Along with the ordinance and the resolution is a Draft copy of the Program For The Installation & Maintenance of Individual Sewage Treatment Systems for Council review. Council action is not requested on this item since in-house procedures need to be identified in greater detail first. This item will be brought to the Council for formal review prior to any implementation. While these new shoreland regulations affect the City, the impact of this mandated action will have a much greater impact on cities in areas with large tracts of unsewered property. If you would like additional information on this item, please feel free to contact me. V City Planner JS/js cc: Chief Building Official Reid • CITY OF EAGAN SHORELAND ZONING SECTION 11.21 JANUARY 1993 (Recommended by Planning Commission) 1-26-93 (Reviewed by DNR Staff) 2-10-93 CITY OF EAGAN City Code Section 11.21 is repealed and a new Section 11.21 is added to the City Code to read as follows: SECTION 11.21 SHORELAND ZONING Subd. 1 Statutory Authorization This Shoreland Zoning Section 11.21 is adopted pursuant to the authorization contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statues, Chapter 462. Subd. 2 Purpose and Intent The uncontrolled use of shorelands of the City affects public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of public health, safety and welfare to provide for the wise use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision use and development of shorelands of public waters to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for wise use of waters and related land resources. This responsibility is hereby recognized by the City. Subd. 3 Jurisdiction and Compliance The provisions of this Section 11.21 shall apply to the shorelands of the public water bodies as classified in Subdivision 10. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. Subd. 4 Enforcement The City Planner shall be responsible for the administration and enforcement of this Section 11.21. Any violation of the provisions of this Section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with building permits, shoreland alteration permits, grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by 2 • f law. Violations of this Section can occur regardless of whether or not a permit is required for a regulated activity pursuant to Subdivision 9A of this Section. Eaqh day that a violation of the provisions of this Section exists, shall constitute a separate misdemeanor. Subd. 5 Interpretation In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Subd. 6 Severability If any Subdivisions, clause, provision, or portion of this Section 11.21 is adjudged un- constitutional or invalid in a court of competent jurisdiction, the remainder of this ordi- nance shall not be affected thereby. Subd. 7 Abrogation and Greater Restrictions It is not intended by this Section 11.21 to repeal, abrogate, or impair any existing ease- ments, covenants, or deed restrictions. However, where this Section 11.21 imposes greater restrictions, the provisions of this Section shall prevail. Subd. 8 Definitions For the purpose of this Section, certain terms or words used herein shall be interpreted as follows: All distances, unless otherwise specified, shall be measured horizontally. For definitions not specifically stated in this subdivision, those definitions as contained in Section 11.03 of this Zoning Ordinance shall be used. A. Accessory Use or Structure: See Section 11.03. B. Bluff: A topographic feature such as a hill, cliff, or embankment having all of the following characteristics: 1. part or all of the feature is located in a shoreland area; 2. the slope rises at least 25 feet above the ordinary high water level of the waterbody; 3. the grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and 4. the slope must drain toward the waterbody. An area with an average slope of less than 18 percent over a distance for 560 feet or more shall not be considered part of the bluff. C. Bluff Impact Zone: A bluff and land located within 20 feet from the top of a bluff. 3 _ l D. Boathouse: A structure designed and used solely for the storage of boats or boating equipment. E. Building Line: A line parallel to a lot line or the ordinary high water level at the minimum required setback beyond which a structure may not extend. F. Clear Cutting: The removal of entire stand o f trees. G. Commercial Planned Development: A planned development of a mix of commercial use. H. Commercial Use: The principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services. I. Conditional Use Permit: See Section 11.03 J. DNR: The Commissioner of the Department of Natural Resources. K. Deck: A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three (3) feet above ground. L. Duplex: A dwelling structure on a single lot, having two units, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. M. Dwelling Site: A designated location for residential use by one or more person using temporary or movable shelter, including camping and recreational vehicle sites. N. Dwelling Unit: Any structure or portion of a structure, or other shelter designed as short or long-term living quarters for one or more persons. 0. Extractive Use: The use of land for surface or subsurface removal or sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. P. Forest Land Conversion: The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. Q. Hardship: The property in question cannot be put to reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. 4 Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. R. Height of Building: The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. S. Industrial Use: The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. T. Intensive Vegetation Clearing:, The complete removal of trees, grasses or shrubs in a contiguous patch, strip, row, or block. U. Lot: See Section 11.03 V. Lot Width: See Section 11.05 W. Nonconformity: Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. X. Ordinary High Water Level (OHWL): The boundary of public waters and wetlands, shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevations of the summer pool. Y. Planned Unit Development: Planned unit development or cluster development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent of lease,a nd also usually involving clustering of these units or sites to provide areas of common space, density, increase, and/or mix of structure types and land uses. These developments may be organized and operated as condomini- ums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses or apartment buildings, and accessory land uses to the principal users. 5 Z. Public Waters: Any waters as defined in Minnesota Statues. Section 103G.005, subdivision 15, contained in Appendix B. AA. Residential Planned Unit Development: A use where the nature of residency is nontransient and the major or primary focus of the development is not service- oriented. For example, residential apartments, manufactured home parks, townhouses, and cooperatives,would be considered as residential planned unit developments. BB. Riparian Lot: A lot which borders on a lake, river or stream. CC. Semi-public Use: The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. DD. Sensitive Resource Management: The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora and fauna in need of special protection. EE. Setback: The minimum horizontal distance between a structure, sewage treatment system, or other feature and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. FF. Sewage Treatment System: A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Subdivision 12Q of this Section 11.21. GG. Sewer System: The pipelines or conduits, pumping stations, and force main, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. HH. Shore Impact Zone: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. • II. Shoreland: Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of any lake, pond, or flowage; and 300 feet from rivers and streams, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. 6 JJ. Significant Historic Site: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. KK. Steep Slopes: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available County soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. LL. Structure: Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles and other supporting facilities. MM. Subdivision: Land that is divided for the purpose of sale, rent, or lease, including planned unit development. NN. Surface Water-Oriented Commercial Use: The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. 00. Toe of the Bluff: The higher point of a 50-foot segment with an average slope exceeding 18 percent. PP. Top of the Bluff: The lower point of a 50-foot segment with an average slope exceeding 18 percent. QQ. Variance: The same as term defined or described in Minnesota Statutes, Chapter 462. RR. Water-Oriented Accessory Structure of Facility: A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, 7 1 C( reasonably need to be located closer to public waters than the normal structure setback. SS. Wetland: A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971). Subd. 9 Administration A. Permits Required (1) A permit is required for the construction of buildings or building additions (and including such related activities as construction of fences higher than six (6') feet, decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Subdivision 12 I of this Section. Application for a permit shall be made to the City on the forms provided. The application shall include the necessary information so that the City can determine the site's suitability for the intended use and that a conforming sewage treatment system will be provided should any building permits or conditional use permits be issued. (2) Any permit that is issued as described in Subdivision 9A(1) shall stipulate that an identified nonconforming sewage treatment system, as defined by Subdivision 12Q shall be reconstructed or replaced in accordance with the provisions of this ordinance. B. Zoning Compliance Zoning compliance by the City shall be required for each activity requiring a permit as specified in Subdivision 9A of this Section. This will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction that varies from what has been authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided by Subdivision 4 of this Section. This provision shall be satisfied by Planning Division approval of permits as they are processed by the City. C. Variances (1) Variances may be granted only in accordance with Minnesota Statutes, Chapter 462. A variance shall not circumvent the general purposes and intent of this Section. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance 8 Et) and to protect adjacent properties and the public interest. In considering a variance request,the City Council will also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. (2) The City shall hear and decide requests for variances, including variances for sewage treatment systems in shoreland districts, in accordance with the rules that the City has adopted for consideration of variances in Section 11.40 of this ordinance.. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Subdivision 9D below shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. (3) For existing developments,the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. All variances granted shall require reconstruction of a noncon- forming sewage treatment system. D. Notifications to the Department of Natural Resources (1) Copies of all notices of any public hearings to consider variances, amendments, planned development or conditional uses under shoreland management controls shall be sent to the DNR or the DNR's designated representative and postmarked at least ten days prior to the hearing. Notices of hearings to consider proposed preliminary plats shall include copies thereof. (2) A copy of approved amendments and subdivisions/plats, and final decisions granting variances, Planned Developments,or conditional uses under shoreland management controls must be sent to the DNR or the DNB's designated representative and postmarked within ten days of final action. Subd. 10 Shoreland Classification and Land Use Districts A. Shoreland Classification System The public waters of the City have been classified in this ordinance consistent with criteria found in Minnesota Rules, Part 6120.3300, and the Protected Waters Inventory Map for Dakota County, Minnesota. (1) The shoreland area for the waterbodies listed below shall be as defined in Subdivision 8 and as shown on the Official Zoning Maps of the City. 9 SI (2) Lakes and Urban Rivers: Natural Land Section Shoreland Environment Lakes (NE) DNR ID# (T27N-R23W) Overlay District 1. Holland 19-65 26, 35 Residential 2. Gerhardt 19-69 33SW Residential 3. Jensen 19-71 34 Residential 4. O'Brien 19-72 35SW Residential 5. Unnamed 19-73 35 Residential 6. Unnamed 19-74 35SE Residential _ 7. Schultz 19-75 35 Residential 8. Gun Club 19-78 4, 5 Residential Recreation Land Section Shoreland Development Lakes (RD) DNR ID# (T27N-R23W) Overlay District 1. Blackhawk 19-59 16, 17, 21 Residential 2. McCarthy 19-60 22 Residential 3. Unnamed 19-63 25, 26 Residential 4. McDonough 19-76 35, 36 Residential General Land Section Shoreland Development Lakes (GD) DNR ID# (T27N-R23W) Overlay District 1. Unnamed 19-54 1 Commercial 2. Lemay's 19-55 10 Commercial/Residential 3. O'Leary 19-56 15 Commercial/Residential . 4. Fish 19-57 15, 16 Residential 5. Bald 19-61 23NE Residential 6. Unnamed 19-62 25 Residential 7. Unnamed 19-64 36 Residential 8. Quigley 19-66 27 Residential 9. Thomas 19-67 27,28 Commercial/Residential 10. Unnamed (Pitt Lake) 19-68 29SW Commercial 11. Unnamed 19-70 33 Residential 12. Unnamed 19-77 36 Commercial/Residential 10 ?\2-- . (3) Urban Rivers: River Shoreland Overlay District Minnesota River Public Facilities (4) Tributaries: (a) Kennellys Creek Section 18 Public Facilities/tight Industrial (b) Harnack Creek Section 18 Public Facilities/Light Industrial B. Land Use Zoning Districts 1. Purpose The development of shorelands of public waters shall be controlled by means of land use zoning districts which are designated to be compatible with the classes of public waters to which they apply. Land use zoning districts are established to provide for: (a) the management of areas unsuitable for development due to wet soils, steep slopes, flooding, inadequate drainage, sever erosion potential, presence of significant historic sites, or any other feature likely to be harmful to the health, safety, or welfare of the residents of the City; (b) the preservation of areas suitable for residential development from encroachment by commercial and industrial uses; (c) the centralization of service facilities for residential areas and en- hancement of economic growth for those areas suitable for limited commercial development; (d) the management of areas for commercial or industrial uses which, by their nature, require location in shoreland areas; (e) the preservation and enhancement of the quality of water-based recreational use of public waters including provisions for public accesses. 11 3 2. Land Use Districts for Lakes and Rivers Permitted Uses P= Permitted C= Conditional Use N = Not Permitted Use Districts Natural Recreation General Urban Tributaries Environmental Development Development Rivers Lakes Lakes Lakes Residential District Uses - Forest management P P P P P - Sensitive resources management P P P P P - Agricultural:crop&pasture P P P P P - Agricultural:feedlots N N N N N - Single residential P P - P N N - Semi-public/public C C P P P - Extractive use C C C C N - Multiple residential C C P N N - Surface water oriented commercial N N - C N N - Planned developments P P P N N Commercial/Reariderrtial District Uses - Any use permitted in Residential District As Regulated in the Residential District - Commercial N N C N N - Commercial Planned Development N N P N N - Residential Planned Development N N P N N Commercial/Industrial District Uses - Any use permitted in Residential District As Regulated in the Residential District - Commercial/Industrial N N C - N N - Commercial/Industrial Planned Development N N PJ N N (3) Land Use Overlay Districts (a) The Land Use Districts as described in this Subdivision 10 shall be overlay districts as shown on the official City of Eagan Zoning map. (b) Any use shall be regulated by both the base zone and the shoreland overlay district with the most restrictive regulation required for use, 12 8 1. • setback, height, site coverage, density and any other applicable regulation or requirement. (c) Land Use Districts in the shoreland area shall be in conformance with the criteria specified in Minnesota Rules, Part 6120.3200, Subpart 3. (d) District Boundaries for the shoreland overly districts shall be as shown on the official Zoning Map of the City. (e) Conditional Use Permits shall be processed by the City as provided by Section 11.21 and the Administrative Section 11.40 of this Zoning Ordi- nance. Subd. 11 Dimensional Requirements The following minimum requirements shall apply to all shorelands of the protected waters listed in Subdivision 10 of this Section within the City. Where the requirements of the underlying zoning district, as shown on the official zoning map, are more restrictive than those set forth herein, then the more restrictive standards shall apply. A. Unsewered Areas: Natural Recreational General Environment Development Development Unsewered Areas* Waters Waters Waters Lot Area 10 Acres 10 Acres 10 Acres Lot Width & Bldg. Line (ft.) 200 150 100 Structure Setback From Ordinary High Water 150 100 75 Mark (ft.) Structure Setback From Roads & Highway (ft.) Determined by the zoning provisions of this Chapter. Structure Height Limitations Determined by the zoning provisions of this Chapter. Maximum Lot Area 25 25 25 Covered By Impervious Surface (%) Sewage System Setback From Ordinary High 150 75 50 Water Mark (ft.) * Multiple dwellings are not permitted in unsewered areas. 13 F (r- • • B. Sewered Areas in Natural Environmental Waters. All provisions for unsewered areas shall apply except for the following which shall supersede the provisions applied to unsewered areas: 1. Lot Area (Sq. Ft.): Riparian Lots 40,000 Non-Riparian Lots 20,000 2. Riparian lot width at building line (ft.) 125 3. Structure setback from Ordinary High Water Mark 100 (ft). C. Recreation Development Waters All provisions for unsewered areas shall apply except for the following which shall supersede the provisions applied to unsewered areas: 1. Commercial Development: a. Maximum building height (stories) Four (4) above ground with C.U.P. required for height over 35 ft. b. Minimum building setback for OHWM (ft.) 75 c. Minimum riparian lot frontage (ft.) 75 * d. Maximum impervious surface area (%) 25 2. Single Dwelling Detached Residential: a. Minimum riparian lot frontage (ft.) 100 b. Minimum building setback from OHWM (ft.) 75 c. Average lot area for riparian lots (sq.ft.) 20,000 d. Average lot area for non-riparian lots (sq. ft.) 15,000 e. Maximum impervious surface area (%) 25 f. Maximum building height (feet) 35 3. Multiple Dwelling Residential ( by PUD only): a. Maximum building height (stories) Four (4) above ground with a C.U.P. required for heights over 35 Ft. b. Minimum building setback from OHWM (ft.) 75 c. Minimum water frontage per development 200 (ft.) * d. Maximum impervious surface area (%). 25 e. Average lot area per unit for riparian lots (sq. Determined by PUD ft.). f. Average lot area per unit for non-riparian lots Determined by PUD (sq. ft.). * See provisions of Subdivision 12N (2). 14 F(c) D. General Development Waters All provisions for unsewered areas shall apply except for the following which shall supersede the provisions applied for unsewered areas: 1. Commercial Development: a. Maximum building height (stories) Four (4) above ground with C.U.P. required for heights over 35ft. b. Minimum building setback from OHWM (ft.) 50 c. Minimum water frontage (ft.) 100 * d. Maximum impervious surface area (%) 25 2. Single Dwelling Detached Residential: a. Minimum water frontage (ft.) 75 b. Minimum building setback from OHWM (ft.) 50 c. Average lot area for riparian lots (sq. ft.) 15,000 d. Average lot area for non-riparian lots (sq.ft.) 12,000 e. Maximum impervious surface (%) 25 f. Maximum height (feet) 35 3. Multiple Dwelling: (by P.U.D. only) a. Maximum building height (stories) Four (4) above ground with C.U.P required for heights over 35 ft. b. Minimum building setback from OHWM (ft.) 50 c. Minimum water frontage per development 100 (ft.) * d. Maximum impervious surface area (%) 25 e. Average lot area per unit: • riparian lots (sq. ft.) Determined by PUD • other lots (sq. ft.) Determined by PUD f. Minimum lot width/water frontage (ft) 200 * See provisions of Subdivision 12N (2). E. Lot Area and Width Requirements The minimum lot area in (square feet) and minimum lot width requirements (in lineal feet) for residential lots created after the date of enactment of this Section 11.21 for the lake and river classifications are as set forth in this Subdivision 11. Only land above the ordinary high water level of public waters can be used to meet lot area and lot width requirements. These minimum requirements shall be met at both the ordinary high water level and at the building line. 15 g' • Subd. 12 General Provisions The following General Provisions shall be required in the Shoreland Overlay Districts: A. Lots for Controlled Accesses Lots used for controlled accesses to public waters or as recreation areas by owners of nonriparian lots within subdivisions shall meet or exceed the following standards: 1) Lots shall meet the minimum width and area requirements for residential lots, and be suitable for the intended uses of controlled access lots. 2) If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by twenty-five (25%) percent in lot frontage for each watercraft beyond six. 3) Lots must be jointly or commonly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot in a manner acceptable to the City and the DNR; and 4) Covenants or other equally effective legal instruments shall be developed that specifically state which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading,. storage, beaching, mooring, or docking. They shall also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment or normal property rights of adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants shall limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continu- ously moored, docked, or stored over water, and shall require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They shall also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. • B. Placement, and Design Placement of Structure on Lots: When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks required for a new proposed building or an addition to an existing building may be 16 altered without a variance to conform to the average setbacks on the adjoining lots from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or bluff impact zone. C. Floodplain Regulations 1) Structures shall be located in accordance with the City Floodplain Regulations Ordinance applicable to the site. 2) Water-oriented accessory structures, where allowed, may have the lowest floor placed lower than the elevation determined by the procedures in this section if the structure is constructed of flood-resistant materials to the flood elevation, electrical and mechanical equipment is placed above the flood elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action, wind-driven waves and debris. D. Water-Oriented Accessory Structures On General Development and Recreation Development Lakes, each residence may have one water-oriented accessory structure not meeting the normal structure setback in Subdivision 11 of this Section if this water-oriented accessory structure complies with the following provisions: 1) The accessory use shall not be a boat house, structure related to boating, boat lift, fish house, or pump house which are prohibited uses in all Shoreland Zoning Districts; 2) the structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 150 square feet. Detached decks shall not exceed eight feet above grade at any point; 3) the setback of the structure or facility from the ordinary high water level shall be at least ten feet; 4) the structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation,topography, increased setbacks or color, assuming summer, leaf-on conditions; and, • 5) the structure of facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. 17 • E. Stairways, Lifts, Landings and Docks Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements: 1) Stairways and lifts shall not exceed four feet in width. Wider stairways may be used for public open-space recreational properties; 2) landings for stairways, landings at the bottom of stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for public open-space recreational properties; 3) canopies or roofs shall not be permitted on stairways, lifts or landings; 4) stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 5) stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; 6) facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (1) to (5) above are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340; and 7) docks that exceed five (5) feet in width require a shoreland building permit. F. Significant Historic Sites No structure shall be placed on a significant historic site in a manner that affects the historical value of the site unless adequate information about the site as determined by the Minnesota Historical Society has been removed and documented in a public. repository. • G. Steep Slopes The City shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent soil 18 erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on conditions. H. Height of Structures All structures in all Shoreland Districts shall not exceed thirty-five (35) feet in height except that a conditional use permit may be granted for additional height as otherwise provided in Section 11.40 Subd. 4 D of this Ordinance. Said conditional use permit for additional height shall be subject to notice and comment by the DNR before issuance by the City. I. Shoreland Alterations Alterations of vegetation and topography will be regulated to prevent soil erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. J. Vegetation Alterations 1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Subdivision 12K of this Section are exempt from the vegetation alteration standards that follow. 2) Removal or alteration of vegetation, except for agricultural and forest manage- ment uses as regulated in Subdivision 12-0, respectively, is allowed subject to the following standards: a) Clear-cutting and intensive vegetation clearing within the shore impact zones and on steep slopes are not permitted. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if a soil erosion control and sedimentation plan is developed and approved by the Soil and Water Conservation District in which the property is located. b) In shore impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft areas, and permitted water-oriented accessory structures. of facilities, provided that: 19 1 (i) the screening or structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; (ii) along rivers, existing shading of water surfaces is preserved; and (iii) in the shore impact zone, live trees larger than six (6") inches in diameter shall not be cut, except to provide for water oriented accessory structures or to provide a water-viewing corridor not to exceed twenty (20) percent of the shoreline width of the lot. 3) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. K. Topographic Alterations/Grading and Filling 1) Grading, filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued building permits for these facilities, do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section shall be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. 2) Public roads and parking areas are regulated by Subdivision 12K of this Section 11.21. 3) Not withstanding Items 1 and 2 above, a grading and filling permit shall be required for: a) the movement of more than ten (10) cubic yards of material on steep slopes and within shore impact zones. b) the movement of more than fifty (50) cubic yards of material outside of steep slopes and shore impact zones. 4) The following considerations and conditions shall be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: a) any filling that occurs in any Type 3, 4, or 5 wetland over 2.5 acres in area shall require a permit from the DNR; b) alterations shall be designed and conducted in a manner that ensures that only the smallest amount of bare ground is exposed for the shortest time possible; • 20 7 c) mulches or similar materials shall be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover shall be established as soon as weather conditions allow; d) methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used; e) altered areas shall be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local Soil and Water Conservation Districts and the United States Soil Conservation Service; f) fill or excavated material shall not be placed in a manner that creates an unstable slope; g) plans to place fill or excavated material on steep slopes shall be reviewed by the City Engineer for continued slope stability and shall not create finished slopes of 30 percent or greater; h) fill or excavated material shall not be placed in bluff impact zones; i) any alterations below the ordinary high water level of public waters shall first be authorized by the DNR under Minnesota Statutes, Section 103G.245; j) alterations of topography shall be allowed only if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; k) placement of natural rock riprap, and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical (may be increased by DNR permit), the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the • riprap above the ordinary high water level does not exceed three feet; and I) excavations and fills shall also be subject to the provisions of City Code Section 4.30. 5) Connection to Public Waters Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, requires a Conditional Use Permit. Permission for excavations may be given only after the DNR has approved the proposed connection to public waters. 21 L. Wetland Protection Regulations 1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland shall be evaluated by the City to determine how extensively the proposed activity would effect the following functional qualities of the wetland: a) sediment and pollutant trapping and retention; b) storage of surface runoff to prevent or reduce flood damage; c) fish and wildlife habitat; d) recreational use; e) shoreline or bank stabilization; and f) noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or other. 2) An evaluation shall also be made to determine whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a Watershed District, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The person(s) proposing the wetland alteration shall be responsible for this evaluation and compliance with these agency regulations and requirements. 3) Development, grading and filling shall comply with the provisions of the Minnesota Wetland Conservation Act of 1991, MN Statutes Chapter 354. M. Placement and Design of Roads, Driveways, and Parking Area 1) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided to the City that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local Soil and Water Conservation District, or other applicable technical materials. 2) Roads,driveways and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they shall be placed within these areas, and shall be designed to minimize adverse impacts. 22 3) Public and private watercraft access ramps, approach roads, and access- related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of Subdivision 12M of this Section are met. For private facilities, the grading and filling provisions of Subdivision 12K of this Section shall be met. N. Stormwater Management • The following general and specific standards shall apply: 1) General Standards: a) When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. b) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities and erosion potential that will reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods must be used to retain sediment on the site. c) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds shall be required. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. Settling basins to intercept urban runoff shall be sized to a minimum of a ten-year storm design. 2) Specific Standards: a) Impervious surface coverage of lots must not exceed twenty five (25%) percent of the lot. This may be increased provided the City has approved and implemented a storm water management plan affecting the subject site and a conditional use permit permitting an increase has been granted. b) When constructed facilities are used for stormwater management,documen- tation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local Soil and Water Conservation Districts. 23 c) New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. O. Special Provisions for Public/Semipublic, Agricultural, Forestry and Extractive Uses 1) Surface water-oriented uses and public, or semipublic uses, where allowed by this Ordinance, that have need for access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards: a) in addition to meeting impervious coverage limits, setbacks, and other zoning standards in this Ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; b) no advertising signs or supporting facilities for signs may be place in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by the City; c) outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights; and d) commercial uses such as boat rides, on-board vendors or similar uses are strictly prohibited. e) uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and 2) Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, shall either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. 3) Agriculture Use Standards: a) In all lake and river shoreland areas, general cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or managed under an approved 24 conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts of the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. b) Animal feedlot and grazing operation shall be prohibited. 4) Forest Management Standards The harvesting of timber and associated reforestation shall be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota". 5) Extractive Use Standards a) Site Development and Restoration Plan: An extractive use site development and restoration plan shall be developed, approved, and followed over the course of operation of the site. The plan shall address dust, noise, possible pollutant discharges, hours and duration operation, and anticipated vegetation and topographic alterations. It shall also identify actions to be taken during operation to mitigate adverse environmental impact, particularly erosion), and shall clearly explain how and when the site will be rehabilitated after extractive activities end. b) Setbacks for Processing Machinery: Processing machinery shall be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs. 6) Mining of Metallic Minerals and Peat Mining of metallic minerals and peat, as defined in Minnesota Statutes, Section 93.44 to 93.51, shall be a permitted use provided the provisions of Minnesota Statutes, Sections 93.44 to 93.51, are satisfied. P. Conditional Uses Conditional Uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established by the City in Section 11.40 Subdivision 4 of this Ordinance. The following additional evaluation criteria and conditions shall apply within shoreland areas: 25 6r1 1) Evaluation Criteria A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure: a) the prevention of soil erosion or other possible pollution of public waters, both during and after construction; b) the visibility of structures and other facilities as viewed from public waters is limited; c) that the site is adequate for water supply and on-site sewage treatment and public utilities shall be utilized where they are available; and d) the types, uses, and number of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommo- date these watercraft. 2) Conditions Attached to Conditional Use Permits The Planning Advisory Commission and City Council, upon consideration of the criteria listed above and the purposes of this Ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: a) increased setbacks from the ordinary high water level; b) limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and c) special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. 3) All conditional use permits and attached conditions require approval of the City Council as required in Section 11.40 Subdivision 4 of this Ordinance. 26 qg Q. Water Supply and Sewage Treatment 1) Water Supply Any public or private supply of water for domestic purposes shall meet or exceed standards for water quality of the Minnesota Department of Health, Dakota County and the Minnesota Pollution Control Agency. 2) Sewage Treatment a) All private sewage treatment systems shall meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080", a copy of which is hereby adopted by the City by reference and declared to be a part of this Ordinance. b) Connections shall be made to public systems where available as required in Subdivision 14 or this Section. c) On-site sewage treatment systems shall be set back from the ordinary high water level in accordance with the setbacks contained in Subdivision 11 of this Section. d) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in the following subitems (i)through (iv). If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations. Evaluation criteria: (i) depth to the highest known or calculated ground water table or bedrock; (ii) soil conditions, properties, and permeability; (iii) slope; and (iv) the existence of lowlands, local surface depressions, and rock outcrops. d) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with the following: 27 (1) A sewage treatment system not meeting the requirements of Subdivision 12Q 2a must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. (2) The City will require upgrading or replacement of any nonconforming system identified by this program within two (2)years. Sewage systems installed according to applicable local shoreland management standards adopted under Minnesota Statutes, section 105.458, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming. e) Additional regulations governing on-site sewage treatment systems are contained in the City's On-Site Sewage Treatment System Ordinance. R. Subdivision Provisions 1) Land suitability. Each lot created through subdivision, including planned unit developments must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the City shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. 2) Consistency with other controls. Subdivisions must conform to all official controls of the City. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with City Code can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil 28 (,73� treatment systems where private sewage systems are permitted. Lots that would require use of holding tanks must not be approved. Subd. 13 Planned Development (Cluster Developments) A. Types of Planned Developments Permitted Planned developments (P.D.'s) are permitted for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are permitted are identified in the land use district descriptions in Subdivision 10 of this Section and on the official zoning map of the City. B. Planned Development Zoning Planned Developments shall require a Planned Development (P.D.) zoning of the property. C. Application for Planned Development 1) Planned Developments shall only be permitted when they meet the provisions of Section 11.20 Subdivision 8 for a Planned Development District. 2) Planned Developments shall be processed in accordance with the provisions the Administrative Section of this Ordinance Section 11.40 Subdivision 4 Conditional Use Permits and Subdivision 6 Planned Development. 3) The Zoning Administrator must require additional information and documentation to aid in the processing of Planned Developments in a Shoreland Zone. This may include but is not limited to: surface water features, existing & proposed vegetative detail, deed restrictions, covenants, owners association by-laws, details of water oriented uses, long term plans for preservation and maintenance of open space, two (2) foot integral contours, and similar information. D. Public Utilities Public utilities including municipal sanitary sewer and water shall be available and be required for any Planned Development (P.D.) in the City. 29 \P1 ' E. Site "Suitable Area" Evaluation Proposed new or expansions to existing planned unit developments shall be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in Planned Development areas. 1. Shoreland Tier Dimensions The project parcel shall be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: Shoreland Tier Dimensions Type of Lake Sewered (feet) General Development Lakes - first tier (riparian) 200 General Development Lakes - second and additional tiers 200 Recreational Development Lakes 267 Natural Environment Lakes 320 2. Suitable Area Calculation The suitable area within each tier is calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. F. Residential and Commercial P.D. Density Evaluation The procedures for determining the "base" density of a P.D. and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but shall not be transferred to any other tier closer. 1. Residential P.D. "Base" Density Evaluation: The suitable area within each tier is divided by the minimum single residential lot size standard for lakes to determine the maximum permitted density. Proposed locations and number of dwelling units or sites for residential planned 30 (,OD, developments are then compared with the tier, density, and suitability analyses herein and the design criteria in paragraph G. 2. Commercial P.D. "Base" Density Evaluation: Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes shall not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space. 3. Select the appropriate floor area ratio from the following table: Commercial Planned Unit Development Floor Area Ratios Public Waters Classes. Average unit floor area General Development Recreational Develop- Natural Environmental (sq. ft.) Lakes ment Lakes Lakes 400 .056 .028 .014 500 .065 .032 .016 600 .072 .038 .019 700 .082 .042 .021 800 .091 .046 .023 900 .099 .050 .025 1,000 .108 .054 .027 1,100 .116 .058 .029 1,200 .125 .064 .032 1,300 .133 .068 .034 1,400 .142 .072 .036 1,500 and above .150 .075 .038 4. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. 5. Divide the total floor area by tier, computed in paragraph 4 above, by the average inside living area size determined in paragraph 1. above. This yields a base number of dwelling units and sites for each tier. 31 6. Proposed locations and number of dwelling units or sites for the commercial planned development are then compared with the tier, density and suitability analyses herein and the design criteria in paragraph G of this Subdivision 13. 7. Density Increase Multipliers: a) Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in Subdivision 11 of this Section are met or exceeded and the design criteria in paragraph G below are satisfied. The allowable density increases in 7(b) below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the City and the setback is at least 25 percent greater than the minimum setback. b) Allowable Dwelling Unit or Dwelling Site Density Increases for Residential or Commercial Planned Unit Developments: Density Evaluation Tiers Maximum Density Increase Within Each Tier(Percent) First 50 Second 100 Third 200 Fourth 200 Fifth 200 G. Maintenance and Design Criteria 1. Before final approval of a planned development, adequate provisions shall be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. 2. Open Space Preservation: Deed restrictions,covenants,permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure long-term preservation and maintenance of open space. The instruments shall include all of the following protections: a) commercial uses prohibited (for residential P.D.'s) 32 / L( b) vegetation and topographic alterations shall be prohibited except by routine maintenance. c) construction of additional buildings or storage of vehicles and other materials shall be prohibited. d) uncontrolled beaching of watercraft shall be prohibited. 3. Development organization and functioning: unless an equally effective alternative community framework is established, when applicable, all residential planned developments shall use an owners association with the following features: a) membership shall be mandatory for each dwelling unit or site purchases and any successive purchasers; b) each member shall pay a pro-rata share of the association's expenses, and unpaid assessments shall become liens on units or sites; c) assessments shall be adjustable to accommodate changing conditions; and d) the association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. H. Open Space Requirements Planned developments shall contain open space meeting all of the following criteria: 1. at least 50 percent of the total project area shall be preserved as open space; 2. dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water oriented accessory structures or facilities, are developed areas and shall not be included in the computation of m inimum open space; 3. open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; 4. open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; 5. open space shall not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities; 33 ° `C- 6. the appearance of open space areas, including topography, vegetation, and allowable uses, shall be preserved by use* of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and 7. the shore impact zone, based on normal structure setbacks, shall be included as open space. For residential P.D.'s, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments shall be preserved in its natural state. I. Erosion Control and Stormwater Management Erosion control and stormwater management plans shall be developed and the P.D. shall: 1. be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This shall be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers,sediment entrapment facilities,vegetated buffer strips, or other appropriate techniques shall be used to minimize erosion impacts on surface water features. Erosion control plans approved by the Soil and Water Conservation District may be required if project size and site physical characteristics warrant; and 2. be designed and constructed to effectively manage reasonably expect quantities and qualities of stormwater runoff. Impervious surface coverage within any tier shall not exceed 25 percent of the tier area, except that for commercial P.D.'s 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with Subd. 12 paragraph I of this Section 11.21. • J. Centralization and Design of Facilities Centralization and design of facilities and structures shall be done in accordance with the following standards: 1. planned developments shall be connected to publicly owned (municipal) water supply and sewer systems if available; 2. dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the 34 1 (P surface water features, and maximum height. Setbacks from the ordinary high water level shall be increased in accordance with Subdivision 13F(7) of this Section 11.21 for developments with density increases; 3. shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, shall be centralized and located in suitable areas. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; 4. structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topogra- phy, increased setbacks, color, or other means acceptable to the City, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided; 5. accessory structures and facilities, except water oriented accessory structures, shall meet the required principal structure setback and shall be centralized; and 6. water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Subdivision 12B of this Section 11.21 and are centralized. K. Conversions The City shall not permit existing land uses and facilities to be converted to residential planned developments. L. Existing dwelling unit or dwelling site densities that exceed standards in Subdivision 13F of this Section 11.21 may be allowed to continue but shall not be allowed to be increased. Subd. 14 Non-conformities All legally established non-conformities as of the date of this ordinance may continue, but shall be administered according to applicable Minnesota State Statutes and other regulations of the City for future alterations and additions, repair or replacement after damage, discontinuance of use, and intensification of use; except that the following standards shall also apply in Shoreland areas: 35 A. Construction on Nonconforming Lots of Record 1. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Subdivision 11 of this Section of this ordinance may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in - effect at the time, and sewage treatment and setback requirements of this ordinance are met. 2. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating 9P 9 the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. 3. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of subdivision 11 of this Section of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Subdivision 11 of this section of this ordinance as much as possible. B. Additions/Expansions to Nonconforming Structures 1. All additions or expansions to the outside dimensions of an existing nonconforming structure shall meet the setback, height, and other requirements of Subdivision 11 of this Section. Any deviation from these requirements shall be authorized by a variance pursuant to Subdivision 9C of this Section. 2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: a) the structure existed on the date the structure setbacks were established; b) a thorough evaluation of the property and structure reveals no reasonable location for a deck which would meet or exceed the existing ordinary high water level setback of the structure; c) the deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary 36 (D MEM high water level or does not encroach closer than 30 feet, whichever is more restrictive; and d) the deck is constructed primarily of wood, and is not roofed or screened. C. Nonconforming Sewage Treatment Systems shall conform to be provisions of Subdivision 12Q 2 D. Public Utility Connections 1. No new commercial and/or residential development shall be permitted in any Shoreland District where public utilities are available unless the new development is connected to the public utilities. 37 Page 15/EAGAN ADVISORY PLANNING COMMISSION MINUTES JANUARY 26, 1993 SMORELAND ORDINANCE - CITY OP EAGAN Chairman Voracek opened the last public hearing of the evening regarding an Ordinance Amendment to Chapter 11 of the City Code pertaining to Shoreland Zoning regulations. City Planner Sturm stated that in 1984 the City adopted a Shoreland Ordinance mandated by the State Department of Natural Resources. Since then an update has been required. The proposed ordinance has been reviewed by the DNR and their changes have been taken into consideration. The biggest change is that all septic systems must be inspected and updated to pollution control standards within the next two years. He mentioned that no ponds have been reclassified and the Minnesota River and Kennelly Creek now are included in the ordinance. Chairman Voracek mentioned that on page 16 of the proposed ordinance, under D.2.d. , the average lot area for non-riparian lots should say 12, 000 sq. ft. not 10,000 sq. ft. Miller moved, Gorman seconded, the motion to approve an Ordinance Amendment to Chapter 11 of the City Code pertaining to Shoreland Zoning regulations, including amending the non-riparian lots on page 16 to 12 , 000 sq. ft. All present voted in favor. • CITY OF EAGAN RESOLUTION NO. RESOLUTION TO APPROVE AND ADOPT A PROGRAM TO UPGRADE NONCONFORMING SEWAGE TREATMENT SYSTEMS WHEREAS, Eagan, as well as other cities in the State of Minnesota, are required by the Department of Natural Resources to upgrade nonconforming sewage treatment systems in the shoreland areas; and WHEREAS, Eagan will establish a program as part of 6120.3400 of the Minnesota Department of Natural Resources Statewide Standards for Management of Shoreland Areas; and WHEREAS, all on-site sewage treatment systems within the shoreland area of the city must meet the requirements of the Eagan Sewage Treatment System Ordinance; and WHEREAS, Eagan will encourage the public through education to properly manage their on-site sewage treatment systems as well as identify and upgrade failing systems. THEREFORE BE IT RESOLVED, that the Eagan City Council hereby approves and adopts the program to upgrade non-conforming sewage treatment systems and supporting documentation and directs that the program be submitted to the Department of Natural Resources. Adopted this day of 1993 by the Eagan City Council. Mayor Attest: City Clerk CITY OF EAGAN PROGRAM FOR THE INSTALLATION & MAINTENANCE OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS MARCH 1993 The City of Eagan is committed to the following program for the installation and maintenance of individual sewage treatment systems within the City. 1. Site review, percolation tests, and system design must be submitted in conjunction with building plans before permits for construction are issued. 2. Permits for the installation or repair of all individual sewage treatment systems will be issued only to a Dakota County licensed installer. All installations require a permit. 3. All systems must be designed and constructed in accordance with Minnesota Rule Chapter 7080. 4. Inspections during construction will be completed by the City's Protective Inspections Division. The City operates a full-time inspection division which includes a licensed plumber who is assigned to plumbing and individual sewage treatment systems. 5. Location and installation specifics will be recorded on a Dakota County Record form. These will be prepared by the installer and reviewed by a City inspector. Record forms become a part of the City's permanent property file for that address. 6. The City will adopt the revised Shoreland Ordinance as required by the State of Minnesota including correction of all non-conforming systems within the shoreland area within five years. The following program schedule will be implemented: • Year 1: Complete inventory of all existing systems within the shoreland area. • Years 2 & 3: Field evaluation and documentation of all inventoried systems, commence correction of failed and non-conforming systems. • Years 3 & 4: Complete correction of failed systems. • Years 4 & 5: Complete correction of non-conforming systems. 7. The City will develop a maintenance program for all individual sewage treatment systems within the City including mandatory pumping and inspection of septic tanks. 8. The City will provide information to property owners to heighten awareness and encourage proper use of their system. 9. The City will require all developments to connect to municipal sanitary sewer where it is available. 10. The City will not approve any new subdivisions where municipal sanitary sewer and water is not • available. Agenda Information Memo April 5, 1993 City Council Meeting WAIVER OF PLAT/DUPLEX LOT SPLIT/DON CHRISTENSON/, BUFFER HILLS ADDITION B. Waiver of Plat, Duplex Lot Split, Don Christenson, Located on Lot 6, Block 1, Buffer Hills Addition, in the Southwest Quarter of Section 15—This application came before the City Council at its meeting of March 16, 1993. At that time, it was continued for additional background information relative to the history of this property and cost estimates for the corrected work necessary to serve the property with separate utility services. That informati n is enclosed in the memorandum from the Public Works Department enclosed on pages ILT. through 1 k.0 . For additional background, please refer to the Community Development Department staff report which is enclosed on pages through t,2,2,- ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for a duplex lot split for Don Christenson, located on Lot 6, Block 1, Buffer Hills Addition as presented. l l� • !q �� MEMO _city of eagan MEMO TO: JON HOHENSTEIN, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MARCH 30, 1993 SUBJECT: WAIVER OF PLAT APPLICATION (LOT 6, BLOCK 1, BUFFER HILLS ADDN) SANITARY SEWER & WATER SERVICE REQUIREMENTS At the March 16 Council meeting, the applicant's request for a Waiver of Plat to subdivide Lot 6, Block 1, of Buffer Hills Addition, was presented to the City Council. A condition of approval was the requirement to install a separate sewer and water service to the newly created lot resulting from this Waiver. The applicant objected to this condition and the Council subsequently continued consideration of the Waiver and directed staff to prepare a cost estimate for providing this additional service. The following is some historical background information regarding this issue. BACKGROUND INFORMATION The plat for the Buffer Hills 1st Addition was approved by Council action on 12-5-78. This created seven lots as shown by the plat attached and referenced as Exhibit "A". Although Lots 2, 3, and 5 were created, the developer never proceeded with the installation of streets and utilities to service these newly created lots until Lot 5 was replatted into the Buffer Hills 2nd Addition on 7-5-88. At that time, street improvements along with sanitary sewer, storm sewer, water main and individual sewer and water services were installed to all platted lots of the Buffer Hills 1st and 2nd Addition. These streets and utilities were installed privately by the applicant, Mr. Don Christensen, under the private development agreement number 88-D. At that time, Mr. Christensen knew that Lot 6 would be platted and developed as a duplex lot unit but elected to have only one sewer and water service installed to that lot. On 9-1-92, the City Council granted a Variance to the maximum lot coverage as requested by Mr. Christensen as a result of his duplex lot exceeding the lot coverage by 1.3%. • On 9-29-92, Mr. Christensen applied for a duplex building permit for Lot 6, Block 1. On 10-14-92, Engineering suggested to Mr. Christensen that a second sewer and water service be installed to allow the future subdivision of this lot. Mr. Christensen's response indicated that he had no such intentions and that one service would be adequate. On 10- 14-92 when the City's Utility Maintenance Division performed an inspection of the sewer service installation, the utility inspector again had a discussion with Mr. Christensen recommending that a second set of services be installed. Again, Mr. Christensen declined indicating he had no intentions of subdividing the property. With the private installation of services under Project 88-D, a separate sewer service was installed across the south portion of Lot 6 to service Lot 7 to the east. This was to be located within a 35' utility easement and no closer than 10' to the edge of this easement. As-built record plans submitted by the developer's engineer, Tri-Land, Inc., indicated this sewer service was constructed according to plan. A recent field investigation revealed that this sewer service was constructed 7' from the edge of easement instead of the required 10' and this discrepancy was not noted on the as-built record plans submitted to the City by the developer's engineer. The building permit application site plan submitted by Mr. Christensen incorrectly referenced a 30' easement in lieu of the dedicated 35' easement. Subsequently, it has been determined that this structure was built within the previously dedicated utility easement with an encroachment in excess of 2'. The result is instead of having a minimum 10' separation from the sewer service for Lot 7 to the structure footing for Lot 6, it is now approximately 4.5' at a buried depth of approximately 7'. This does not meet City standards and, as such, this easement should be vacated and reconveyed as a private utility cross easement from Lot 6 to Lot 7. REQUIRED CORRECTIVE WORK The Public Works Department investigated the costs associated with providing a second set of services by extending the required quantities of materials by unit prices received for service installation on the Woodlands North 2nd Addition, Contract No. 92-09, as well as receiving a quote from a plumber that is used to do service repair work for the City. The estimated cost to run in a second sewer and water service required by City Code would be approximately $2,500-$3,500. There are two alternatives acceptable to the City and available to the developer. One would be to cut into the street and connect a new sewer and water service to the lateral and run it to the newly created lot by this Waiver. The second would be to install a manhole at the end of the existing sewer service to Lot 6 and construct separate sewer services to each unit from this manhole at the property line. A similar split of the water service at the property line with two separate service lines to each half of the duplex would be required. 2 ICJ SUMMARY In conclusion, City staff included the condition of a second set of services as a requirement for approval of the Waiver of Plat to ensure conformance with City Code. This requirement has been placed on other lot splits and complied with fully. This developer was aware of the duplex zoning and lot use since 1978. He had an opportunity to install a second set of services when he installed the utilities and streets privately within this development. He was personally informed on several different occasions of this code requirement when options were available for economical compliance. To allow the lot split without the requirement of a second set of services will place additional, unwarranted maintenance liabilities on the City of Eagan. This lot split will create a situation where one property owner can negatively affect the sewer and water service of a separate property owner without any available immediate recourse. If any additional information is helpful in understanding the history and City Code requirements, I'll be happy to explain those at the Council meeting on April 5. Respectfully submitted, 441 Director of Public Work .. .1 TAC/jj 3 11 (0 EXHIBIT "A" • ? PI 1.t1 uNOS yE iGIJT.. J 1 ii `� ADD D . �lr. • # $ •CRESTRIDGE LANE • . • 1 460.00 WEST –L- M BS /it At a -1.OD - nee 1000o a so00 ,'1 �- -- — ----_, r-- -- 1 r -- - ---1 '1 f- . _„ 1 I I—: I I i I 0:! E o 2 ie -1 'I o : ~I I• I: S. xI 6 1 i 7 op Y � p I I 1 I : I - eI r I i i I I- X L–lets!--!»•er»•r—I :o b I a I• .JI -- .�1�d 1 � a i -- s-071, Wa�^ 1!' »o.---I L--gee»--' J « g I t G s Ne»- - 11410•411 11011-- 1 0. I 1: rC 1rs – I • i 2 t 1 F t 1 /� J• f\ s� I i.• i Iq 1 / 4 / \ �51 o 10 M i �3 � 8k •e�� •ti ./ . tA1 I z 1 Is t ¢ i V i . i. 3 V .ss%1 *\ I fp u ' 18 ••. 11 i •N 1 ee. a, °� ie/ 18 g1 1 �L.M ee..s .. 4- - — ( R 1 sD t o\ I 1 i i A I '0 wS .—�- Ie e1 i 5 I / l' 0 C 'A a ▪ I21uovre•.--,•_„_1 L i I r 2 e rnf re ����.((•�= was R I� � —1��M� �` „ ■ ••1• e•j%• MN y`t� Y�w i a �' Pi DRAINAGE i • enre rte,.ate 1 ` .EASEMENT`� e R SSS•4!50 E 300.00 T it PII,.O i KNOB HEIGHTS I ST ADD Draitrse and atiltti wwrnt$ err set or c�.er nrs.s.Berm ter shown e _ re Wrerreaaslasas»err.eu.taave• ell&N, __ _IL- O e LOCATION MAP • e s feet in widt . mlee! Sit eS,riff,re,oat is • et Nre ise indieatedf and ay einlrs let 11rrst rd 10 a "e'" -AMOK• r VW in width d M e1ntnt i street 11ms. es own ee toe.plite IS IA at IA ! » M e0 K roll In plat N Qif " SCAM 1 inch s 50 test delve itve Dearing/ are !shed s Deleetee teen rla with pinkie sop swine 'Rif 1625" . —e-e- moons Iwo er NOM'e»ICN»R sawn delvers , - • ViY ` • 777' . . ,\ • . i . I . .. . I L g I II ll • I II .-----, i i I- 1":"."".-lit•" 7,... o 11 //, I II Q V , J cio (1I . 1-1-1- I ou- — I Ell • N —i con K1. gi• pi E S 1 DI u, N ; I 511 L_J 1 1 ii I I . I I I I. _ . 11 . I II 11 il // = i� . [ \i 6 • \ \ ..\ y I I A I o i ki g II — . I II v4 II 1 II 7 = ' 1 -- 1 . - , I I p w i d II II 0 — m� - __ _ _ _ _ _ _ _ __ , o J= CO N II _ 211 Ell • N °I x, i, A � it a NI i • -1I II II il II I II ,, \ .°\ SUBJECT: WAIVER OF PLAT - DUPLEX LOT SPLIT APPLICANT: DON CHRISTENSON LOCATION: LOT 6, BLOCK 1, BUFFER HILLS EXISTING ZONING: R-2 (DUPLEX) DATE OF PUBLIC HEARING: MARCH 16, 1993 - DATE OF REPORT: MARCH 8, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat to allow a duplex lot split for Lot 6, Block 1, Buffer Hills Addition. COMMENTS: The applicant, Don Christenson, is requesting the duplex lot split to allow individual ownership of each half of the duplex. The duplex meets, or exceeds all setback and/or lot size requirements. Both take access from Crestridge Court. Separate utilities are P not available to the duplex. Only the proposed unit two, the southerly unit, has utilities served to it. If approved, this Waiver of Plat duplex lot split shall be subject to the following conditions: 1. Each unit shall be served by a separate utility services. 2. All applicable City Code requirements. V YANK. DOODLE - J - a ( Co Rd ONO 28 N p�E tea• ¢ a d do,4� GE„1st ' *R + a 9y<n ii z 2�5 Q //� ® CENTRE S H g�. �' I`9� O'LEARY PARK •) ; IMO 1- - t E I/ o NW j•c„& :..(1, _ CwK cm /3) o ; _ <. oucKw'•p ¢ LANE a 111. M 1 i if IP. 8 IPIPt W \` _ T i� � ..1k 6. j _ 7UU7��n CT. ? A TAIL E 1 Art �b` I► TC E� ' R0. A \l /'71; ESC^TT m� 1: /JE 'J k. .-c3 Certificate For: /.(0 - . - Don Christenson - ' is Sheet 1 of 2 N As Built Certificate 01-29=93 litifIC ' DELMAR H. SCHWANZ LAND SURVEYORS.INC. Nspla.rsd UMS,Lows of TM Sul,of Minnssols 14750 SOUTH ROBERT TRAIL ROSEMOUNT,MINNESOTA 55058 512/423-1769 SURVEYOR'S CERTIFICATE -- - CKEsTF? I ) f.4NE' i LEI T^P(.. '' d�`4rli,�■ Scale:. 1 inch = 30 feet ,.vr- �-r it V3 = Existing spot elev. /' Moo,co OS `.1 r• - ,m o 3J S ;• ae7.v Q = Proposed elevation .1I'•,• i • lD 31) /0 I North Parcel I °4 CC i i t a /.I 9 y a 0 Ii 34.5 t1l_f_f L1Lr p Q3q I ,110 0 I N DRS.E ��� ��—1 r +\ pi�-�N I ,7.s Unit 1 - i $� • }sr I.1 N z r 1 tv ti , Sa y !' v, I I, lJ I I - I N q NNI n I I ( g0'') Proposed garage floor elev. �, _ �5.s Unit 2 r I XL411 ' Unit 1 BB6• 1 ; I Dle,ve riG4` I' ( ( Unit 2 ego-, / lJ 1; " of 64-•I y��? Top of block elevation •CC — – 3L.5 1 _ 1_1 . Sa t c1 1 _T__ Unit 1 98' C ! ti. v Unit 2 Q& .� 8g I ( v, I a /South Parcel g IM Lowest level elevation M 5 y rT l° "�` "�'`3a'u7/City E9�n7 . l I % Unit 1 88C' Unit 2 R85 b I ^p. T„ t • . w _ . � Obck 1. 4'G'' . i bea.% 99.0 'i 1`� ,. \ 58y- -1 -Co E BM: Top nut of hydrant at northeast i1 quadrant of intersection of 4 Crestridge Lane and Krestwood • Description: Vito. III'H•"�"I/M, • Lane. =. 886.48 Lot 6, Block 1, BUFFER HILLS �‘ � . it* the recorded _ 4.� Y I hereby certify that this survey,plan,or report was `4* tat therepf' Dakota County, MN. prepared by me or under my direct supervision and •'• �= t m3 6ti'I"aivin t o t o of o Os d rbuilding thereon. that I am a duly Registered Land Surveyor under 3 J Lj �(N� : scF v4t\'VL 4y 2 'fr' the laws of the State of Minnesota. z 1 i � yam( ...t.,. ....... _80?5 /.....-:-. Delmar H. Schwan= Dated 08-19-92 y� -. '^ 1.1"'. a Registration No 8625 Revised 08-24-92 '`k �S `"1. IS ,\ i I T c� A 45D D� `I /! r Z5-3 '0{ rn DN -ni 0 C Zm D� $ i— ate' 13:< T 2-4-4 m� • err / D fn' U) **"D(n m a x - - a' SOD a3 r S N oz A r_ 2 —� cox{ „„co aDm D w (` I z _ 4/.A X --. RECORL: PLAN �HUI1 z —/—"CRESTRIDGE 1 P' —LANE—' -'—, =w �o rn z (!) M z - ! - ■. X m -n- __ _ - - = ..- U) sv m (al . —-i N 7 2 - I � ` CO 3J 3u l'7 Existing Service I r <D tr., _.. _i i f...*'.. m . rn (J.) rev 4' ';3: . . M D w - it r < a ► 1 ... m • . N r t�-� '•�1--0 0 \- -�/ LeI -- i C. / t 1:6AvlirmAg4.y;" ' ^'SS p� 1 . a- { p , / J c `- 1 I \ m cn`r -i ,T,y D < 6 v' s \, ` • Vic. C �t W ` • a)cD ol '‘ \ ,,..0\ `_ \ \ ,_ ..." ....lit e --I 1.- I _<N \ -4 'T.. U)I( 1- A\ M ' 4%r, K.) V! _; 0 V. 0 0 z CCl i 1 /)-'' — \\ —, Agenda Information Memo April 5, 1993 City Council Meeting PW,BUSIMSS SIDEYARD SETBACK VARIANCE/BRIDLE RIDGE ADDITION A. Variance,J. Joseph Construction, of 3' to the Required 5' Sideyard Setback for Lot 11, Block 7, Bridle Ridge Addition, Located in the Northwest Quarter of Section 24--An application has been received of J.Joseph Construction for a 3 foot variance to the required 5 foot sideyard setback for property located at 730 Saddle Wood Drive. The City Code requires that a particular hardship be demonstrated to justify any variance from the application of City standards. To date,the applicant has not provided indication of hardship relative to this application. In addition, the variance would also result in a 3 foot encroachment into the 5 foot sideyard drainage easement. If the variance is considered for approval, conditions are provided which would require that the applicant petition and successfully receive a vacation of that easement prior to construction. For additional information with respect to this item, please refe to the Community Development Department staff report which is enclosed on pagestathrought4 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for J. Joseph Construction of 3' to the required 5' sideyard setback for Lot 11, Block 7, Bridle Ridge Addition as presented. ` � 3 SUBJECT: VARIANCE APPLICANT: J. JOSEPH CONSTRUCTION LOCATION: NW QUARTER SECTION 24 EXISTING ZONING: PD R-1 (PLANNED DEVELOPMENT SINGLE FAMILY) DATE OF PUBLIC HEARING: APRIL 5, 1993 DATE OF REPORT: MARCH 31, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 3' Variance to the required 5' side yard garage setback for Lot 11, Block 7, Bridle Ridge 1st Addition located at 730 Saddle Wood Drive. COMMENTS: The proposal consists of a 7' wide third stall garage addition that will encroach 3' into the side yard setback and will be 2' from the property line. When asked by staff, the applicant did not provide an explanation of the hardship to warrant the City to waive its minimum standards. Also, the proposed addition encroaches 3' into a City drainage and utility easement. The applicant shall petition the City to vacate this easement. No building permit can be issued until the easement has been vacated. If approved, this Variance shall be subject to the following: 1. The applicant shall petition the City to vacate the 5' drainage and utility easement located on the east property line of Lot 11, Block 7, Bridle Ridge 1st Addition. 2. No building permit can be issued until the easement is vacated. 3. This Variance shall be subject to all applicable City Codes.Li yJJ� ( ' O 6• S ' V 3 : : ct ��N - WANDERING w wESCOT'T .. �1 _•. ' �'�'�'� rp lam! .� ? `-I + -cur E�' -o�. � _ Bill ,�• NE, R,�E � .- +-�11p +". ••NOVER �" Q 4 I -' A<:elt, rC:,,,,.: . ' - CI-4 .9. :° *, ck - t „: 4 1 � � r .0.A E8 - s _i t ,› _.J K M. (d AN _6 (+•n tuo,AsT 'SE... 1 '1 V. SURVEYOR'S CERTIFICATE SIENNA CORPORATION •43 sq I \ $4 a V3'I, 0O �6 se <�` / ". ti • ti s `° 3�, / \ Q A 4, . F< 9 • ti i 1 .�rS 9 4-`•9 �° .SS09 : s F ,p• ` Fa 8 S ` Q / • .0 • �9%4joo ►, ,ti A (I, A IN g�' SFFO 6� 4 / .j N x ..?) .0 "I' .. 0 .:P \ •2 rk.z 43* ?o4). • ,,.c:9,:, •kr <0)% -). V.%5V(. -P : P. • gyOC 0 y.mss \ �0% c� / q . o�s�1, l�'1 / \\A m 9 o� 3 /0,I ` f � • � h *C3 A- (v. f 3` �� ,\f / ` � t 1( vu% .- SP ■v/ T30 V.5'. ,* � � (919.°) 4 DENOTES PROPOSED SURFACE DRAINAGE O DENOTES IRON MONUMENT SET SCALE: 1 INCH — 30 FEET • DENOTES IRON MONUMENT FOUND PROPOSED GARAGE FLOOR — %b./ FEET X000.0 DENOTES EXISTING ELEVATION PROPOSED LOWEST FLOOR — 9 32.4' FEET (000.0) DENOTES PROPOSED ELEVATION PROPOSED TOP OF BLOCK— q yo.5 FEET • WE HEREBY CERTIFY TO SIENNA CORPORATION THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: Lot II, Block 7, BRIDLE RIDGE 1ST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. \,�, IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR NCROACHMENTS, EXCEPT AS SHOWN. AS ISURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 2IST DAY OF JANI&,Ri , 198B. I ti CO a e e n i UI 0 o Q N N tri 6 1 1 t I MCIlJC4v -c C �,C b Q_ d I 1 L___ L. ...... ■•■■•■ ••••■ =MEW -.1■1•01M--••■••______I � Q- I a T - - L rN/ i /.:,?.7.;dc(,d I Lo o U) o o . R V I,. Z O 'Qf I Agenda Information Memo April 5, 1993 City Council Meeting CONDITIONAL USE PERMIT/OUE VIET/ON-SALE LIOUOR B. Conditional Use Permit Yuri Duc Bui/Que Viet, to Allow On-Sale Liquor, 3.2 Beer or Wine in a CSC (Community Shopping Center) District on Lot 3, Block 1, Town Centre 106th Addition Located Along the South Side of Town Centre Drive East of Denmark Avenue in the NW 1/4 of Sec 15--At its meeting of March 23, the Advisory Planning Commission considered the above referenced conditional use permit application to allow on-sale liquor, 3.2 beer or wine to be served at the proposed Que Viet restaurant to be located in the Town Centre Shoppes complex. For additional information with respect to this item, please refer to the Co unity Development Department staff report which is enclosed on pages Act through or your review. Also enclosed on page ( (is a copy of the Advisory Planning Commission minutes relative to this item. The APC is recommending approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Yuri Duc Bui/dba Que Viet to allow on-sale liquor, 3.2 beer or wine in a CSC district at Town Centre Shoppes as presented. S SUBJECT: CONDITIONAL USE PERMIT (TOWN CENTRE 100 6TH) APPLICANT: YURI DUC BUI, dba QUE VIET LOCATION: LOT 3, BLOCK 1, TOWN CENTRE 100 6TH ADDITION EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: MARCH 23, 1993 DATE OF REPORT: MARCH 15, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow on-sale liquor, 3.2 beer or wine. COMMENTS: The proposed restaurant location is 1272-Town Centre Drive in the Town Centre Shoppes. On-sale liquor, 3.2 beer or wine, is listed as a Conditional Use within a CSC (Community Shopping Center) zoning district. The applicant has applied for a liquor license and pending approval of the license, this Conditional Use Permit shall be subject to the following conditions: 1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of approval and proof of such recording submitted to the City. 2. All applicable City Codes. FINANCIAL OBLIGATION - 15-CU-S-3.93 Lot 3, Block 1, TOWN CENTRE 100 SIXTH ADDITION Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount t None 0 cl < : I El 1_I. - ,oD-. o Wy '1 ! 1t..:t o 1._.. ; \ Mo ' ' gift a if=i1; 1 PD.:/,' 0 g g Z : to Ia i o : : 1LLOI ) s �4 Q 1 :r• ' a. .w II . , .. iiii F. . g ii II `ir- _I N ix I \` � 1 \t.t ' � I I d�7 'I r-b W , , III_I t-���f II 'T_�if�1�t, I ,,1 .. t \ .. Hi iii ,.040.64,.,, . 11,,,!...1,!,,,, , of. , tit_.-- -,, JILT indiiii!.:11.11 ' , -0- ----:-- V:40.4-0.7-71711611134-to-, - • •-* • ill; ! .__...,, . 11 *. 1.i /l . 1- 11 -- .q\ .ti //// I 'IT& •I ',..1- ::1•11-: 1 cis its Q),/,//1/ ri , . li' _ , ' :L�., il - / , . .0`. �. \�. r,2\ 'lli l�11li 11 ��tltf 1u �� l •1 1 I • . 's .,.... ... : , sF..„,7-.17,c,,,,:n\\_, . . . N, . )).,.11 \ .... . . �QM 107d• � -- II _ ' \\ \ -*-11prni... 113,,,,,,,,\ Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 23, 1993 CONDITIONAL USE PERMIT - YURI DUC BUI/dba QUE VIET Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow on-sale liquor, 3.2 beer or wine in a CSC (Community Shopping Center) district on Lot 3, Block 1, Town Centre 100 Sixth Addition located along the south side of Town Centre Drive east of Denmark Avenue in the NW 1/4 of Section 15. City Planner Sturm stated that the applicant has also applied for a liquor license. City staff has no concerns with this application. Yuri Duc Bui, the applicant, stated that he was there to answer any questions. Gorman moved, Isberg seconded, the motion to approve a Conditional Use Permit to allow on-sale liquor, 3.2 beer or wine in a CSC (Community Shopping Center) district on Lot 3, Block 1, Town Centre 100 Sixth Addition located along the south side of Town Centre Drive east of Denmark Avenue in the NW 1/4 of Section 15, subject to the following conditions: 1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of approval and proof of such recording submitted to the City. 2. All applicable City Codes. All present voted in favor. X31 Agenda Information Memo April 5, 1993 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT SIGNAL POINT ADDITION/SIGNAL BANK C. Comprehensive Guide Plan Amendment,Signal Point Addition/Signal Bank,Changing the Land Use of Approximately 8.1 Acres from LB (Limited Business) to D-I (Single Family Residential,0-3 Units per Acre),a Rezoning of Approximately 8.1 Acres from LB (Limited Business) within the Knob Hill Planned Development to R-I (Single Family) and a Preliminary Plat Consisting of 13 Lots Located Along the West Side of Knob Drive in the SE 1/4 of Sec 21--At its meeting of December 22, 1992, the Advisory Planning Commission considered this item and, noting several concerns to be addressed by the developer, continued it indefinitely. Upon review of those concerns, the applicant resubmitted these items and they were again heard at the planning commission meeting of March 23, 1993. For additional information with respect to this item, please refer toe Community Development Department st report enclosed on pages /+S3hrougljl/� for your review. Also enclosed on pages �hrough are the APC minutes relative to this item. Also enclosed on pages n through j,S is a supplemental memorandum from City Planner Pg � g Sturm covering a letter from the applicant requesting that the application be considered either in whole or in two halves since certain concerns applied differentially to the north portion of the proposal and the south portion. The memo also covers the December 22, 1992 APC minutes relative to this item. Please note that the APC determined to cover this issue in two parts, recommending approval for the six lots comprised in Block 2 on the north portion of the site surrounding the Signal Point cul-de-sac and making no recommendation to approve or deny the southern portion comprises seven lots in Block 1 as the motion to deny all applications for that portion of the subdivision failed on a three to three vote. ACTION TO BE CONSIDERED ON THIS ITEM:To approve or deny: 1)A comprehensive guide plan amendment changing the land use of Block 2, Signal Point from LB (limited business) to D-I (single family residential) located along the Knob Point cul-de-sac. 2) The rezoning of Lot 2, Signal Point, from LB (limited business) within the Knob Hill Planned Development to R-I (single family) located around the Knob Point cul-de-sac. 3) A preliminary plat consisting of six lots on Block 2, Signal Point located along the Signal Point cul-de-sac subject to the modified conditions as noted in the APC minutes. 4) A comprehensive guide plan amendment changing the land use of Block 1, Signal Point from LB (limited business) to D-I (single family residential) located along the west side of Knob Drive. 5) A rezoning of Block 1, Signal Point from LB (limited business) within the Knob Hill Planned Development to R-I (single family) located along the west side of Knob Drive and 6)A preliminary plat consisting of seven lots on Block 1,Signal Point,located along the west side of Knob Drive subject to all conditions noted in the staff report. SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, & PRELIMINARY PLAT (SIGNAL POINT) APPLICANT: ROBERT ENGSTROM COMPANY LOCATION: BLOCK 1, KNOB HILL PROFESSIONAL PARK EXISTING ZONING: LB (LIMITED BUSINESS) DATE OF PUBLIC HEARING: MARCH 23,1993 DATE OF REPORT: MARCH 15, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment of 8.1 acres from LB (Limited Business) to D-I (Single Family, 0-3 units/acre), a Rezoning of 8.1 acres from LB to R-1 (Single Family), and a Preliminary Plat consisting of 14 lots located along the west side of Knob Drive in the SE 1/4 of Section 21. This proposal would rezone and plat the area north and northwest of Knob Drive to a single family use. Existing Lots 1, 2, and 3, Block 2, east of Knob Drive are not included in this proposal. BACKGROUND: This proposal went before the Advisory Planning Commission at their December 22, 1992 meeting. At this meeting, there was much discussion regarding the existing and proposed land uses and their compatibility. In the end, the applicant requested a continuance to make revisions to their plans. The site was rezoned and platted to allow LB (Limited Business) uses within the Knob Hill Professional Park in 1984. In November 1984, Pilot Knob Animal Hospital opened (Lot 7, Block 1). In May 1988, the two-story • office building was constructed next to the veterinarian clinic on Lot 6, Block 1. The remaining 10 lots are vacant. North of the proposed plat is Engstrom's Deerwood Addition zoned PD, R-1 (Single Family). Three lots from Deerwood Court abut the project on the north. East of the proposed plat is Pilot Knob Road (County Rd. 31) and Block 2 of Knob Hill Professional Park (zoned LB - Limited Business) which is not included in this plat. South of the site is Diffley Road (County Road 30) and west is the Deerwood Ponds Addition, a 28 lot R-1 (Single Family) subdivision platted in May 1992. EXISTING CONDITIONS: All lots on Block 1 slope downward toward the rear lot lines. Lots 1-8, Block 1, are mainly open and grassy, gradually becoming more wooded further west, especially Lots 1, 2, and 4. With the exception of Lot 1, Block 2, Lots 2-6 are open and grassy with a few scattered oak trees. Lot 1, Block 2, is more densely-wooded, especially the southern half of the lot. A large hill is also located on the southeastern half of Lot 1, Block 2. LAND USE: The Comprehensive Land Use Guide Plan designates this area as LB (I imited Business). An amendment to this plan has been submitted requesting a change in land use from LB (Limited Business) to D-1 (Single Family residential, 0-3 units/acre). The lots are split into two blocks - Block 1 containing the southern lots and Block 2, the northern six. These lots are divided by two existing commercial uses. Lot 7, Block 1, will be impacted mostly by the two-story office building and parking lot and Lots 1 and 6, Block 2, will be impacted by Pilot Knob Animal Hospital. During peak hours Coldwell Banker and the dentist offices have limited parking on-site which creates parking along Knob Drive. Another concern for the residential use is the use of Knob Drive as a cut-through from Diffley Road to Pilot Knob Road so the left turn light is avoided, as well as a right-turn on southbound Pilot Knob Road to eastbound Diffley Road. Commercial uses may not be negatively impacted by this and may welcome the increased visibility whereas a residential use may find the cut-through traffic undesirable. The commercial uses adjoining this plat do not include retail sales. SITE PLAN: The revised site plan shows the platting of 13 single family lots ranging in size from 17,095 sq. ft. to 61,973 sq. ft. The average lot size is 25,478 sq. ft. As proposed, all lots exceed the minimum lot size requirement of 12,000 sq. ft. The net density for the project is 1.60 units/acre. A suggestion made at the Commission meeting was to combine Lots 1, 2, and 3, Block 1, into two lots, therefore eliminating the need for variances and allowing the driveway for Lot 1 to be located further from Pilot Knob Road. The revised plans show this change. The newly-created Block 1 now has seven lots instead of eight. Block 2 has six lots. Lots 1-7 Block 1, take access from the existing Knob Drive. The lots in Block 2 shall take access from the existing private cul-de-sac (Signal Point). Lot 6, Block 2, has right-of-way on three sides and shall take access from Signal Point. During staff review, discussion on increasing the minimum front yard setback from 30' to 45' for Block 1 was brought up to try and alleviate any impact from the commercial uses. The applicant addressed this concern and reflected the 45' setback on the development and grading plan. PARKS & RECREATION: Staff recommends that the developer provide a tree protection plan which places fences to protect significant trees during grading, especially of Lot 1, Block 1 and Lot 1, Block 2. This plat will be subject to both cash trails and parkland dedication. . l3 GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan shows excavation or filling for building pads and drainage swales for all lots will average 1-3 feet with the exception being Lot 4,Block 2,which has a small but high hill out at the boulevard. Most of this hill, which has several large oaks on it, will need to be cut out either because it is in the right-of-way or for the installation of services. Before Signal Point (formerly Knob Point) is accepted as a publicly maintained street, the boulevards shall be graded at a 2% slope behind the curb to provide adequate space for street signage and snow storage. The preliminary drainage plan shows the direction and the amount of runoff from the proposed lots to remain unchanged. Three lots drain into the right-of-way of Pilot Knob Road with the remaining areas draining west into Pond BP-27, which is a ponding area in the City's Comprehensive Stormwater Management Plan. Adequate storm sewer for Knob Drive and Signal Point was constructed as part of the Knob Hill Professional Park development. Runoff from proposed Lot 7, Block 1 and the existing dental office property are creating erosion problems between these properties as it flows down the slope and west into BP-27. Staff recommends that this runoff be intercepted at the southwest corner of the dental office parking lot and piped through a storm sewer to the normal water level of Pond BP-27. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual. WATER QUALITY: This proposed development is located in drainage basin B. Runoff from the site will discharge to Pond BP-27, a nutrient basin, before traveling through several more nutrient/sediment basins. Eventually, the runoff will discharge to Blackhawk Lake. Two City-funded capital improvement projects to improve treatment of runoff discharging to Blackhawk Lake are currently underway in this drainage. Because these projects represent a more cost-effective means of protecting Blackhawk Lake, staff will recommend that this development be subject to a cash dedication in lieu of on-site ponding to meet its water quality obligation. No wetlands lie on the site, but a significant wetland associated with Pond BP-27 lies just to the west of the proposed development. The eastern edge of this wetland must be delineated and any impacts associated with filling the wetland with eroded or other material associated with the proposed development will be prohibited. These recommendations are'subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. ! UTILITIES: Sanitary sewer of sufficient size, capacity and depth already exists within Knob Drive and the renamed Signal Point. In addition, existing 6" DIP sanitary sewer services are able to serve ten of the proposed 13 lots of the new plat. Three new 4" PVC services will be cut into Knob Drive and Signal Point. Watermain of sufficient size, capacity and pressure also already exists within Knob Drive and the renamed Signal Point. Existing 1-1/2" copper water services serve ten of the thirteen proposed lots. Three new 1" copper services will be cut into Knob Drive and Signal Point. Existing hydrants on Knob Drive and Signal Point will provide adequate coverage for fire protection for all proposed lots. STREETS/ACCESS/CIRCULATION: All proposed lots will abut Knob Drive and Signal Point (formerly Knob Point). Signal Point is presently a 34' wide (back of curb to back of curb) privately maintained street with inadequate right-of-way. The developer will be responsible for submitting to the City street testing results to verify that the street was constructed to City standards. Knob Drive has full access to both Diffley Road and Pilot Knob Road. All driveways would access Knob Drive and Signal Point. RIGHT-OF-WAY/EASEMENTS/PERMITS: Additional right-of-way is required to be dedicated along Signal Point to meet minimum City Code standards for roadway right-of- way. The existing 34'wide (back to back) street requires a 60'wide right-of-way dedication. New drainage and utility easements are proposed along all new lot lines. This development shall obtain permanent easements for the proposed storm line that will drain Lot 7 of Block 1 and the existing dental office property. With the 60' wide right-of-way dedication requirement for Signal Point as identified in the City Code, a minimum of 10' of right-of-way along the north side of Lot 7, Block 1, Knob Hill Industrial Park, should be dedicated. The existing animal hospital would then be set back 15' from the right-of-way and 28' from back of curb. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Mn. Department of Health, Mn DNR) are acquired prior to final plat approval. FINANCIAL OBLIGATION - SIGNAL POINT ADDITION Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None 0 There are levied assessments totaling $33,995 which will be apportioned to the lots created by this addition. There are no pending assessments on he property. • PRELIMINARY PLAT CONDITIONS FOR SIGNAL POINT ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, Bi, B2, B3, Cl, C2, C3, D1, El, Fl, G1, and Hi 2. Front yard setback on Block 1 shall be a minimum of 45'. 3. Lot 6, Block 2, shall take its access from Signal Point. 4. Before Signal Point (formerly Knob Point) is accepted as a publicly-maintained street, the boulevards shall be graded at a 2% slope behind the curb. 5. Storm water runoff from the existing dental office property and Lot 7 of Block 1 shall be collected and conveyed by a storm sewer system to Pond BP-27. 6. Before Signal Point is accepted as a publicly-maintained street,the developer shall submit testing results to verify that the street was constructed to City standards. 7. This development shall obtain permanent easements for the proposed storm sewer line that drains Lot 7 of Block 1 and the existing dental office property. 8. City Code requires a 60' right-of-way dedication for proposed Signal Point. 9. The existing roadway for proposed Signal Point shall be centered in the newly- dedicated right-of-way. 131 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-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 nd S ecifications 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. I 5R 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, 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. 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. 1987 Revised: July 10. 1990 Revised: February 2. 1993 LTS#5 STANDARD.CON - • '4,'" . •-. "-... ' "SigPai49 trii III DBE •ice. 1 i cif-- ---- 1 ® - -- aJNOS'I / NIL S t !- et RR1' /'A7..H /� . - I r ' CT. 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MI* lia.'1.1%r.i/•.lii C=.f' I _I■ N -, b.r. t,ru..a r -tM'1 J I I MINUTES OF A REGULAR MEETING OP THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA MARCH 23, 1993 SIGNAL POINT ADDITION - SIGNAL BANE Chairman Voracek opened the first public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use of approximately 8. 1 acres from LB (Limited Business) to D-I Single Family Residential (0-3 units/acre) , a Rezoning of approximately 8. 1 acres from LB (Limited Business) within the Knob Hill Planned Development to R-1 Single Family and a Preliminary Plat consisting of 13 lots located along the west side of Knob Drive in the SE 1/4 of Section 21. City Planner Sturm stated that this application had been • continued from the December, 1992, Advisory Planning Commission meeting. Since that time the applicant revised the site plan eliminating one lot on the southern portion of the site. He mentioned that all setback requirements are met with this application and no variances are being requested. Planner Sturm further stated that the applicant has agreed to split the parcels and the Commission can act on this application as a whole, or can act independently on the 1 `((to Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 23, 1993 northern and southern parcels. Shannon Tyree is the project planner on this application. Howard Kyllo, a representative of the applicant, stated that since the last meeting they have revised the site plan to incorporate the Commission members suggestions. Member Heyl stated that she would be in favor of acting on the northern and the southern parcels separately. She mentioned that the northern parcels are compatible with the existing area, however, she felt that the southern parcels would interfere with the limited business in the area. Mr. Kyllo responded that there was no objection from the current business owners in the area in regard to this application. He mentioned that a one-man dentist office and a funeral home will develop on the two remaining limited business lots. Member Hoeft stated that he drove through this site and did not observe traffic using Knob Drive as a cut-through and did not feel this was an issue. He mentioned that the applicant had revised the site plan to have adequate setback. He felt this application was compatible with the existing area and was in support of both the north and south parcels. Member Miller stated that he was in support of the north parcels, however, he did not support the southern parcels. He did not want to see a planning decision made that was solely market-driven. Member Gorman agreed with Member Hoeft. Isberg moved, Heyl seconded, the motion to approve a Comprehensive Guide Plan Amendment changing the land use of Block 2, Signal Point, from LB (Limited Business) to D-I Single Family Residential (0-3 units/acre) located along the west side of Knob Drive in the SE 1/4 of Section 21. All present voted in favor. Isberg moved, Heyl seconded, a motion to approve a Rezoning of Block 2, Signal Point, from LB (Limited Business) within the Knob Hill Planned Development to R-1 Single Family located along the west side of Knob Drive in the SE 1/4 of Section 21. All present voted in favor. HT\ Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 23 , 1993 Isberg moved, Heyl seconded, the motion to approve a Preliminary Plat consisting of 6 lots on Block 2, Signal Point, located along the west side of Knob Drive in the SE 1/4 of Section 21, subject to the - following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, B3, Cl, C2, C3, D1, El, Ti, G1 and Hi 2. Lot 6, Block 2 , shall take its access from Signal Point. 3. Before Signal Point (formerly Knob Point) is accepted as a publicly-maintained street, the boulevards shall be graded at a 2% slope behind the curb. 4. Before Signal Point is accepted as a publicly-maintained street, the developer shall submit testing results to verify that the street was constructed to City standards. 5. City Code requires a 60' right-of-way dedication for proposed Signal Point. 6. The existing roadway for proposed Signal Point shall be centered in the newly-dedicated right-of-way. All present voted in favor. Isberg moved, Heyl seconded, the motion to deny a Comprehensive Guide Plan Amendment changing the land use of Block 1, Signal Point, from LB (Limited Business) to D-I Single Family Residential (0-3 units/acre) located along the west side of Knob Drive in the SE 1/4 of Section 21. Isberg, Heyl and Miller voted in favor; Voracek, Hoeft and Gorman voted against. 3-3 . Isberg moved, Heyl seconded, a motion to deny a Rezoning of Block 1, Signal Point, from LB (Limited Business) within the Knob Hill Planned Development to R-1 Single Family located along the west side of Knob Drive in the SE 1/4 of Section 21. Isberg, Heyl and Miller voted in favor; Voracek, Hoeft and Gorman voted against. 3-3 . ILO; Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 23, 1993 Isberg moved, Heyl seconded, the motion to deny a Preliminary Plat consisting of 7 lots on Block 1, Signal Point, located along the west side of Knob Drive in the SE 1/4 of Section 21. Isberg, Heyl and Miller voted in favor; Voracek, Hoeft and Gorman voted against. 3-3. - 44:( MEMORANDUM TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: MARCH 30, 1993 RE: SIGNAL POINT ADDITION At the March 23 Advisory Planning Commission meeting, the Signal Point Addition consisting of 13 single family lots on approximately 8.1 acres located along the west side of Knob Drive north of Diffley Road were reviewed by the Commission. The City's current Comprehensive Plan and zoning designation is I invited Business. The site is bisected by the animal clinic and office/dental clinic. After considerable discussion,this item was continued at the December APC meeting. The original plan indicated 14 lots and the revised plan eliminated one lot on the southern portion of the site. The lots vary in size from over 17,000 to almost 62,000 sq. ft. and the net density is 1.6 units/acre. The applicant, in writing, agreed to allow the City the ability to act on the north and south pieces independently or in one motion. (See attached letter). The APC chose to act on the two separately. On the north side, the Comprehensive Guide Plan Amendment, Rezoning, and Preliminary Plat were approved unanimously. On the southern portion, motions to deny the Comprehensive Guide Plan Amendment, Rezoning, and Preliminary Plat were split with three members in favor and three against. As a result, the conditions in the staff report pertaining to the southern site (#2, #5, and #7) were eliminated in the APC minutes and the conditions were renumbered. If the southern portion is approved, those stricken conditions would be applicable for Council review. If you would like additional information, please contact me. City Inanner JS/js attach. -`! ROBERT ENGSTROM COMPANIES �-' February 12, 1993 Mr. Jim Sturm Planning Department City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 On behalf of our client, the Signal Bank, we request reconsideration of the rezoning and replatting application of Signal Point. We request that Blocks 1 and 2 be considered jointly but also separately. Due to the separate nature of the parcels we ask that the entire application not be rejected because one or the other does not meet the criteria of the Advisory Planning Commission and/or City Council. Sincerely, I H•ward Kyll• Robert Engstrom Companies HRK/pte c_c AIL a 1 Lid ! v ac„:,, ... LAND SPECIALISTS ... 4801 West 81st Street • Suite 101 • Mini Minnesota 55437 • (612) 893-1001 j Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22 , 1992 ABIGNAL POINT ADDITION AXONAL BANK Chairman Voracek opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use of approximately 8. 1 acres from LB (Limited Business) to D-1 (Single Family Residential, 0-3 units/acre) , a Rezoning of approximately 8. 1 acres from LB (Limited Business) within the Knob Hill Planned Development to R-1 (Single Family) and a Preliminary Plat consisting of 14 lots located along the west side of Knob Drive in the SE 1/4 of Section 21. City Planner Sturm stated that this application only effects the west side of Knob Drive. Currently there is three existing businesses along Knob Drive. He stated that the major concern regarding this application is whether the change in land use is timely and appropriate. He mentioned that the density of this proposal is 1. 8 units/acre. City Planner Sturm further mentioned that Lot 1, Block 1 requires a width right-of-way variance and Lots 2 and 3, Block 1, require a width variance. He requested that condition #2 be amended to state that the front yard setbacks are on Block 1, not Block 2. Howard Kyllo, a representative of Robert Engstrom Company, stated that his company was approached by Signal Bank to try and market this property. The bank acquired this land in a foreclosure. He felt that single family homes seemed appropriate to develop in this area as the existing businesses are of low-impact use. He questioned whether condition #7 should be the burden of the bank. John Lemay, vice president of Signal Bank, stated that the bank had tried to market this land as Limited Business, however, there was no demand for this type of use. Member Graves stated that this application does not make sense. If there were existing single family homes and a veterinary clinic requested to build next to them, the answer would be no. He has a problem in general with this application. Member Miller agreed with Member Graves. He stated that he was sensitive to the bank's marketing problems, however, he does not like the overall concept of this application. He felt it was inappropriate because of safety and traffic concerns. t Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22, 1992 Member Merkley shared similar concerns as Member Graves and Member Miller. He also was concerned with traffic and safety. He requested that Lots 1, 2 and 3, Block 1, be combined be make two lots. This would eliminate the need for variances and the driveway to Lot 1 would be further from the Diffley Road access. Member Miller mentioned that the existing businesses anticipated that further businesses would be developed there, not single family homes. He stated that he received two objections to this application during the previous week from neighboring property owners. Chairman Voracek stated that this was a good proposal, however, he concurred with the other Members' comments. He mentioned that he has no problem with the single family homes on the cul-de-sac in Block 2. Member Hoeft commented that the proposed cul-de-sac seemed to be compatible with the existing area. Member Gorman stated that City staff should review this application again. He felt that additional measures could be taken to make this application feasible. Member Graves agreed that the cul-de-sac was a possibility. He suggested that the widths of the lots in Block 1 be widened. Mr. Kyllo stated that anyone buying these single family lots would be doing so with "open eyes. " Lots 1 and 3 on the east side of Knob Drive will be developed with a residential dental office and a funeral home. He felt that the "short cut" factor is not much of an objection as there is not much traffic on this road. He stated that he spoke with Dr. Peck of the veterinary clinic and Dr. Peck had no problem with this application. Mr. Kyllo requested that this application be continued rather than deny. Member Miller stated that this application should be revised to rework the lot lines and add additional berming between the existing businesses and future residential homes. Member Gorman stated that he would like to see a landscape plan. Robert Engstrom requested a continuance and stated that they will revise their plan. Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22, 1992 Chairman Voracek mentioned that the funeral home would be open on nights and weekends when the residential homeowners are most likely to be home. Miller moved, Graves seconded, the motion to continue indefinitely a Cc.^..prehensive Guide Plan Amendment changing the land use of approximately 8.1 acres from LB (Limited Business) to D-1 (Single Family Residential, 0-3 units/acre) , a Rezoning of approximately 8. 1 acres from LB (Limited Business) within the Knob Hill Planned Development to R-1 (Single Family) , and a Preliminary Plat consisting of 14 lots located along the west side of Knob Drive in the SE 1/4 of Section 21, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3 , Cl, C2, C5, D1, El, F1, Gi and H1 2. Front yard setbacks on Block 1 shall be a minimum of 45' . 3. Lot 6, Block 2 , shall take its access from Signal Point. 4. Variances of approximately 7' and 5' for Lots 2 and 3, Block 1, respectively shall be approved. 5. A 20' Variance to the 50' width required along public right-of-way for stovepipe shaped Lot 1, Block 1 shall be approved. 6. Before Signal Point (fcrmerly Knob Point) is act -pted as a publicly-maintained street, the boulevards shalt be graded at a 2% slope behind the curb. 7. Storm water runoff from the existing dental office property and Lot 8 of Block 1 shall be collected and c::nveyed by a storm sewer system to Fond BP-27. 8. Before Signal Point is accepted as a publicly- ::aintained street, the developer shall submit testing results to verify that the street was constructed to City standards. 9. This development shall obtain permanent easements for the proposed storm sewer line that drains Lot 8 of Block 1 and the existing dental office property. is (/ Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22 , 1992 10. City Code requires a 60' right-of-way dedication for proposed Signal Point. 11. The existing roadway for proposed Signal Point shall be centered in the newly-dedicated right-of-way. All present voted in favor. • Agenda Information Memo April 5, 1993 City Council Meeting PLANNED DEVELOPMENT AMENDMENT/CONDITIONAL USE PERMIT DUCKWOOD CROSSINGS/FOUR CROWN INC/WENDY'S D. Planned Development Amendment,Four Crown Inc/DBA Wendy's,to Allow a Class II Restaurant in the Duckwood Crossings Planned Development and a Conditional Use Permit for a Pylon Sign on Lot 1, Block 2, Duckwood Crossings Located Along the West Side of Pilot Knob Road South of Crestridge Drive in the SW 1/4 of Sec 16--The Advisory Planning Commission considered this item at its February meeting and, following discussion concerning the proximity of the easterly driveway access for the site to Pilot Knob Road, it was continued indefinitely. The applicant modified the site plan to provide for one driveway access to line up with the Chili's access opposite development on Crestridge Drive and the matter again came before the commission at its meeting of March 23. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages j$7 through 11 I for your review. Also enclosed on pages(.11.through are a copy of the March 23, 1993 APC minutes. Please note that the APC is recommending approval of both applications. Also enclosed on pages 1-1.4 through )151s a copy of the February 23, 1993 APC minutes for background with respect to this item. Please note that the lot in question is already platted and does not require additional subdivision approval. The proposed land use, however, does deviate from the class I restaurant identified within the original planned development for this site. The applicant has included correspondence in the staff report on pages( liAthrough,i 'I addressing their reasons for proposing a class II restaurant on this site. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a planned development amendment, for Crown Inc./Dba Wendy's, to allow a class two restaurant in the Duckwood Crossings Planned Development and 2) a conditional use permit for a pylon sign on Lot 1, Block 2, Duckwood Crossings located along the west side of Pilot Knob Road south of Crestridge Drive as presented. / S� SUBJECT: PLANNED DEVELOPMENT AMENDMENT CONDITIONAL USE PERMIT APPLICANT: FOUR CROWN INC. dba WENDY'S LOCATION: LOT 1, BLOCK 2, DUCKWOOD CROSSINGS EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: MARCH 23, 1993 DATE OF REPORT: MARCH 13, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Applications have been submitted requesting a Planned Development Amendment to allow a Class II restaurant on Lot 1, Block 2, Duckwood Crossings, and a Conditional Use Permit for a pylon sign. LOCATION: Lot 1, Block 2, Duckwood Crossings, is located along the west side of Pilot Knob Road, south of Crestridge Lane and Chili's restaurant (under construction). BACKGROUND & LAND USES: The zoning to the south and west is Agriculture, east across Pilot Knob Road is R-3 (Townhouse) and R-1 (Single Family), and the site and north of Crestridge Lane is Planned Development. The Comprehensive Land Use Guide Plan map designates this site as GB (General Business), as well as the area to the north. West of the site is guided LB (J united Business); south of the site is D-II Mixed Residential (0-6 units/acre). Originally, the subject property was part of the Pondview Planned Development approved July 12, 1988 which allowed modified General Business district uses. The Pondview Planned Development was amended when the Duckwood Crossings plat was approved in October 1989 for the development of a convenience gas station on Lot 1, Block 1; retail strip center on Lot 2, Block 1; and a 6,500 sq. ft. Class I restaurant on Lot 1, Block 2. Holiday Station Store is existing on Lot 1,Block 1, and in August 1992 a Planned Development Amendment and Conditional Use Permit were approved changing the designated land use from a retail strip center to a Class I restaurant (Chili's). This item was heard at the February 23, 1993 Advisory Planning Commission meeting. There were specific site plan concerns raised regarding the location and proximity of the east egress of the site to Pilot Knob Road. EXISTING CONDITIONS: The northern portion of the site is relatively open and minimal slope with the exception of the severe slope in the SW corner; the southern portion contains some mature trees that can be saved with careful grading. 1 COMMENTS: The purpose for the Planned Development Amendment is to allow a Class II restaurant. Four Crown Inc. is proposing a 3,060 sq. ft. Wendy's restaurant with 122 seating capacity. Total parking for the site is 40 parking stalls,including one handicap. The plan shows angle perimeter parking stalls to aid in the one-way traffic circulation. The landscape plan submitted reflects a continuation of the entire Planned Development. The single story brick building has a drive-thru located on the east side of the building, the menu board located south of the building. It is the intention of the applicant for the site to • function with one way traffic. The revised plans show one ingress/egress in the northwest corner of the site. The building has been pushed to the south, allowing the one-way traffic to circulate around the building in the counter clockwise direction. The original site plan was submitted for review by the City's traffic consultants, Short, Elliott, Hendrickson. Pylon signs require a Conditional Use Permit. The proposed sign meets, or exceeds all height and setback requirements. A separate signage exhibit shall be prepared if the Planned Development Amendment is approved verifying building signage amount,color,etc., directional signage location, and also the proposed pylon sign. C'2 • GRADING/DRAINAGE/EROSION CONTROL: The existing site contains a wooded steep slope along the south edge and flat grassy areas along the north edge of this site. The preliminary grading plan submitted with this application shows considerable amount of fill will need to be placed in order to prepare this site for development. The maximum amount of fill shown is 12 feet and the maximum cut is 2 feet. Also, the final grading plan should contain 3 foot berms along the Pilot Knob Road boulevard to help screen the parking lot. An area of 0.2 acres outside of the lot is proposed to be graded by this development. The - area is along the west property line of the lot, and the developer will need to obtain written permission from the adjacent property owner prior to grading permit issuance. The preliminary grading plan proposes steep slopes along the south edge of the site. The slopes shown range from a 1.5 to 1 to a 2.3 to 1 gradient down from the south edge of the parking lot towards the pond. The preliminary grading plan shows protecting a 20 foot wide buffer strip along the edge of Pond JP-3. The City requires a maximum slope of 3 to 1 in maintained areas and 2 to 1 in non- maintained areas. The development shall revise the grading plan to provide slopes that are flatter than 2 to 1. The developer will need to add retaining walls or redesign the site to accomplish the flatter slopes. The grading plan should be revised to allow the development to match at the top of the hill the steep slopes along the south edge of the site. The steep slopes currently are at a 2 to 1 slope. The development is required to maintain a 50 foot buffer zone above the HWL of Pond JP-3. The buffer zone will help to control erosion from this site and preserve the existing grasses and trees in this steep sloped area. Drainage from this development shall connect to the existing 12"storm sewer stub provided from Crestridge Drive. The storm sewer in Crestridge Drive will convey the runoff to Pond JP-3 which is along the south edge of the site. Pond JP-3 is a pond on the City's Comprehensive Storm Water system, and the pond outlets into Fish Lake. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY AND WETLANDS: The preliminary plat for this development was approved in 1989 and is therefore grandfathered with respect to the City's water quality ordinance (which became effective in April 1990) and the state Wetlands Conservation Act which grandfathers developments receiving plat approvals during the five years prior to January 1, 1992. However, the developer will be requested to route all storm runoff from paved areas of the property to the western-most discharge point to Pond JP-3 and to excavate sumps where storm'sewers serve the development. It should also be noted that Pond JP-3 is a protected wetland and that any modification of the pond cross-section below the ordinary high water level must be permitted by MnDNR. • • UTILITIES: Sanitary sewer service of sufficient size, capacity and depth is readily available to serve this site from an 8" line in Pilot Knob Road. The service line from the 8" sanitary sewer line in Pilot Knob Road up to the proposed building shall contain a manhole at the right-of-way line of Pilot Knob Road. Water main of sufficient size, pressure and capacity is available to serve this development from an existing 6" water main that runs along the west right-of-way of Pilot Knob Road. The existing hydrants in this area will provide adequate fire protection to serve this site. - STREETS/ACCESS/CIRCULATION: The preliminary site plan shows connecting to the existing driveway opening on Crestridge Drive. Crestridge Drive was constructed during the Fall of 1992 and a concrete apron for a single driveway opening on the west edge of the site was provided with the upgrading of the street. The upgrading of Crestridge Drive provided for two eastbound lanes at Pilot Knob Road. One is for right-turn-only and the other is a left-turn or straight-through lane for Crestridge Drive. The preliminary site plan shows a one-way traffic circulation pattern in a counter-clockwise direction around the building. The width of the drive aisle where there are parking stalls on both sides of the drive aisle shall be 24 feet wide. The drive aisle can be 18 feet wide in locations where there are no parking stalls abutting the drive aisle. The site plan proposes to construct a plate beam guard rail along the south edge of the proposed parking lot in the areas where there are steep slopes behind the curb. FINANCIAL OBLIGATION - 16-CU-1.1.93 Lot 1, Block 2, DUCKWOOD CROSSINGS 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 None 0 If approved, the Planned Development Amendment shall be subject to the following conditions: 1. A Planned Development Agreement Amendment shall be executed. 2. The trash/recycling containers shall be attached to the building per the site plan. 3. The landscape plan shall conform to the overall Planned Development landscape plan. 4. An irrigation system shall be installed for all green areas. 5. An overall sign exhibit shall be submitted as an attachment to the Planned Development Amendment indicating: 1)building-mounted signs depicting size of letters, colors, and location. 2) directional signs, height, location, and color, and 3) the location of the pylon sign. 6. The development is required to maintain a 50-foot buffer zone above the HWL of Pond JP-3. 7. The grading plan shall be revised to provide a maximum slope of 2 to 1. 8. Drainage from this development shall connect to the existing 12"storm sewer stub provided from Crestridge Drive. 9. The sanitary sewer service line from the 8"sanitary sewer line in Pilot Knob Road to the proposed building shall include a manhole at the right-of-way line of Pilot Knob Road. 10. If grading is performed by this developer on the adjacent property, written permission will need to be obtained prior to grading permit issuances. If approved, the Conditional Use Permit shall be subject to the following conditions: 1. The pylon sign Conditional Use Permit shall be recorded with Dakota County within 60 days of City Council action with documentation provided to the City. 2. All signs shall be subject to a one-time sign fee of$2.50/sq. ft. Le Wendy's • tap Ipiti Q. . - i., ,e, -: 0 Llt 4 1, STREET MAP k DIEM ..- ,i,i ti t g -- ,,--i,i"- II,lt ;k 1.,,...7 I. : I T-T—i-K- 1111 -:----.) p4,.. . • :;ite ,, ir • 1!?,gm __)._ , a *0� IRE DEM: • = 6. • _.,t--, COMM. •.: Mn ,.. 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STORM SEWER LAYOUT MAP CITY OF EAGAN t&S 03/19/93 07:33 12812 834 9648 ROBERT Mt1IR CO. ®002/003 Doran - Management Company, Inc. March 19. 1993 Ms. Shannon Tyree Project Planner 38301'lllot Knob Road Bean, Minnesota 55122-1897 Re:Wencly's site on Pilot Knob Road!Duckwood Crossing's Dear Shannon, As we discussed in our recent meeting, 1 am writing to provide background information on the above site that you and Jon Hohen Lein thought might be useful for the purposes of the Planning Commission and the City Council. As you know back in 19K9. the original developer requested that the City approve a I'UD for the above property. This plan called for a Holiday Gas Station on the north end, a 22,000 sq. 11. strip center on the site currently being developed by Chili's and a class I restaurant of 6500 sq. ft. and 165 scats on the above site. Other than the Holiday Station. this project never went forward. In early 1992, Miller and Schroeder Financial("Miller") the original lender to the developer obtained title to the property though foreclosure. Miller then hired my company to sell the remaining land. In mid-1992, we agreed to sell the site originally planned for the strip center to Chili's for the construction of a 217 scat Class I restaurant. Prior to agreeing to this sale we tried very hard to put the Chili's on the southern(Wcndy's)site. Chili's completed several site plans, but because of the dimensions and the topography of the site, it was not possible to put their Facility on this site and thus we moved them to t c larger snip center site. Since I have been marketing this site, I had many discussions with restaurants such as Chili's, Appleby's, Perkins, Red Lobster and others, but the common problem was that none of these could physically fit on the property. Every major sit-down restaurant operating today requires a minimum seating of 200 scats and with that number of mats and the associated parking, it is impossible to fit a Class I restaurant on this site. I do not know how the previous developer thought he could build a restaurant as large as 6500 sq. it with only 165 - 170 scats. The previously submitted site plan also showed the building on the very southernly part of the lot, which would,because the site has a grade change of nearly 30 feet, have roquired a retaining wall of over twenty feet in height. !kris REAL ESTATE BROKERAGE • MANAGEMENT&CONSULTING 5905 Ewing Avenue So. • Edina,MN 55610 • Phone&Fax(617)925-4272 R`97% \. 1;;G( 612 854 9549 03-19-93 07: 2_..44 P002 #37 03/19/93 07:34 e612 $54 9549 ROBERT MUIR CO. ct003/003 Page two: Wench.'s I Duckwood Crossing: retaining wall would be very unsightly from the properties on the south and west side of tic - pond and from along Pilot Knob Road as you head north. It would also create a much more negative impact on the vegetation and slopes going down towards the pond. I have had people tell me that maybe the restaurant could be built with a lower level that would have views over the pond, but very few restaurants operate successfully with two levels and this design would also materially add to the parking required on this small and difficult site. As we discussed, the bottom line is that this site will not work for a Class I restaurant and it never will. Since we were able to put the Class I facility(Chili's) to the north. we feel that this site must have a smaller building with a less intensive parking user than was preNiuusly proposed. We appreciate everyone on the City stalls time and we hope that the Planning Commission and Council will approve this project. Sincerely. Doraa. Company Kelly T.eM, President cc:Kenneth Norwich Wally Klw br\� R■97% Y 612 854 9549 03-19-93 07: 33'" - - s lk �� 0-lili • Irfi-I I , I It•,!11 1 ' r • i►;f f f I ! I I ! t_ _ . ... I i I 1 t`�` lyrHi Hi, R, I m• DUCKWOOQ DRIVE y. '• .4l''1 �1J 1 2 ` `R9 1I/ 11 'f�! � i I I � 1 ,l 1' ! 1 I• 1 I(6� 1 �► ! 1 ( b r "4 . I;Ix , .1 :-11.1.1 _I 1 1,rai I.1,'.;.7"..i 1 .: ..,„, ; (1 '1 ' 0 1, k.1 L CFI ,.'.. , .. -.. -1 . I ao j I m ,1 •I ' 1 .. , ., Ch � I I \ �— L- • + i " :- N ill .1 • — 1‘...—..-."7, , n,N N\,,\I ' ‘ .1:.i,',ef..l 7..,..:,_s£ • 1 \N '‘ I I,, 9 1 ii 'I! t e� Ill . _11 i ill , ,.. e 1' T I `IIrt <I ! i� 1 :�. 1,'\` a aN 1 If ' 1 1; ' •, • . —Di il ` ,..0 • , 1 ,......„.:,-:,, ,.::::.: ---- „, - • t el 9. • VI` ; c °1 f ts1 nag tii! $Q1 ill);;;,,,. %il• `N� t- 1,-. 6 6i:,-, n° ii O n €z $ N 1 mg 1, *711 A .. [n ( t, g • g I i n ' ug NY R 44 $g vin N t1 �� (c1" I' --- ------• - - . --1._____....\_ ___ — ——- Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 23, 1993 FOUR CROWN INC./dba WENDY'S Chairman Voracek opened the next public hearing of the evening regarding a Planned Development Amendment to allow a Class II restaurant in the Duckwood Crossings Planned Development and a Conditional Use Permit for a pylon sign on Lot 1, Block 2, Duckwood Crossings located along the west side of Pilot Knob Road south of Crestridge Drive in the SW 1/4 of Section 16. City Planner Sturm stated that this item was continued at the February 23, 1993 , Advisory Planning Commission meeting. The site plan has since been revised with the major change being only one ingress/egress instead of two. All parking and building requirements are meet with this proposal. Shannon Tyree is the Project Planner for this application. Wally Klus, a representative of the applicant, stated that he is in agreement with the staff report and mentioned that the applicant has met all of the Commission's previous concerns. Chairman Voracek questioned whether there is going to be an on-site circulation problem with this proposal. Assistant City Engineer Foertsch replied that they are anticipating no problems with customers circulating through the site, however, delivery trucks might have a problem. Mr. Klus stated that their deliveries only occur between midnight and 5: 00 a.m. when the restaurant will be closed. The delivery trucks will be able to make the turns. Member Hoeft requested that a condition be added which requires the mechanical equipment on top of the building to be shielded. Miller moved, Hoeft seconded, the motion to approve a Planned Development Amendment to allow a Class II restaurant in the Duckwood Crossings Planned Development located along the west side of Pilot Knob Road south of Crestridge Drive in the SW 1/4 of Section 16, subject to the following conditions: 1. A Planned Development Agreement Amendment shall be executed. 2 . The trash/recycling containers shall be attached to the building per the site plan. 1 Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 23, 1993 3. The landscape plan shall conform to the overall Planned Development landscape plan. 4. An irrigation system shall be installed for all green areas. 5. An overall sign exhibit shall be submitted as an attachment to the Planned Development Amendment indicating: 1) building-mounted signs depicting size of letters, colors, and location; 2) directional signs, height, location, and color; and 3) the location of the pylon sign. 6. The development is required to maintain a 50-foot buffer zone above the HWL of Pond JP-3. 7. The grading plan shall be revised to provide a maximum slope of 2 to 1. 8. Drainage from this development shall connect to the existing 12" storm sewer stub provided from Crestridge Drive. 9. The sanitary sewer service line from the 8" sanitary sewer line in Pilot Knob Road to the proposed building shall include a manhole at the right-of-way line of Pilot Knob Road. 10. If grading is performed by this developer on the adjacent property, written permission will need to be obtained prior to grading permit issuances. 11. Screening of rooftop mechanical equipment is required. All present voted in favor. Miller moved, Hoeft seconded, the motion to approve a Conditional Use Permit for a pylon sign on Lot 1, Block 2, Duckwood Crossings located along the west side of Pilot Knob Road south of Crestridge Drive in the SW 1/4 of Section 16, subject to the following conditions: 1. The pylon sign Conditional Use Permit shall be recorded with Dakota County within 60 days of City Council action with documentation provided to the City. 2 . All signs shall be subject to a one-time sign fee of $2 . 50/sq. ft. All present voted in favor. 13 Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 23, 1993 FOUR CROWN INC. DBA WENDY'S Chairman Voracek opened the last public hearing of the evening regarding a Planned Development Amendment to allow a Class II restaurant in the Duckwood Crossings Planned Development and a Conditional Use Permit for a pylon sign on Lot 1, Block 2, Duckwood Crossings, located along the west side of Pilot Knob Road south of Crestridge Drive in the SE 1/4 of Section 16. City Planner Sturm stated that the Duckwood Crossings Planned Development was approved in late 1989 and requires that a Class I restaurant be built on the proposed property. He mentioned that the applicant is proposing that a Wendy's be built on the site, which is a Class II restaurant. As proposed, this application meets all parking and setback requirements. The exterior of the building will be consistent with the other buildings in the planned development. He mentioned that the main concern of City staff regards the easterly exit onto Crestridge Drive. City staff is recommending that this access not be allowed. Wally Klus, a representative of the applicant, stated that he was available to answer any questions and introduced the engineer for the applicant, Frank Odgen. Mr. Odgen stated that the only concerns the applicant has is in regard to conditions #6 and #9. He mentioned, in reference to condition #6, that the applicant does not intend to enter into the 50-foot buffer zone. In fact, they plan to be back approximately 30 feet from this 50-foot buffer zone. He felt that the main issue with this application regarded condition #9. Mr. Odgen stated that it will be common to have three vehicles waiting to exit Crestridge Drive onto Pilot Knob Road. He mentioned that the traffic report did not take into consideration that there is two lanes of traffic and therefore there is room for six vehicles to wait to turn onto Pilot Knob Road. Mike Givens, president of Wendy's, stated that, when preparing the site plan, they wanted to protect the integrity of the site and protect the slope to the pond. He mentioned that he has never seen a customer enter Wendy's using the exit only access. Signs will be erected to direct traffic through the site. Kelly Doran, a representative of the property owner, related the background of the application. He stated that a Class I restaurant would not be feasible on this site because of the topography of the land. The parking that is available would not equate to enough seating inside a Class I restaurant to make it economically feasible. He mentioned that a Class I restaurant would need at least 200 seats and this site does not allow that many. Mr. Doran felt that the 1 Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 23, 1993 traffic issue was workable. At the worst case scenario, there would be congestion on the Wendy site, not on Crestridge Drive and Pilot Knob Road. Bob Nicolli, director of operations for Four Crown, Inc. , mentioned that he was a resident of Eagan and that this application would be a quality development for the City. He stated that the traffic report deals with only a worst case scenario. Mr. Klus stated that a Class I restaurant on this site would be aesthetically unpleasant as to build a restaurant of that size retaining walls approximately 20 feet high would be needed. Member Griggs asked whether the building could be angled so that customers in the building could view the pond. Mr. Givens replied that they tried to locate the building on several spots on the site and at different angles and the present site plan is the best layout they could propose. Mr. Doran mentioned that several Class I restaurants attempted to build on this site, (Chili's, Perkins, Baker's Square and Applebee's) however, it would not physically work. Chairman Voracek stated that he does not approve of the easterly access. He felt that it would not work that close to a major intersection and that it would be a traffic hazard. For that reason he could not approve this application. Member Hoeft expressed that, for health and safety issues, he also could not approve this application unless the easterly access was eliminated. Griggs moved, Hoeft seconded, the motion to deny the Planned Development Amendment to allow a Class II restaurant on Lot 1, Block 2, Duckwood Crossings. Mr. Doran requested that instead of this matter being denied, he requested that it be continued for an indefinite period so that they could try to resolve the traffic issue. Griggs moved, Gorman seconded, the motion to amend the previous motion and continue at the developers request to an indefinite date, the public hearing regarding a Planned Development Amendment to allow a Class II restaurant in the Duckwood Crossings Planned Development on Lot 1, Block 2, Duckwood Crossings, located along the west side of Pilot Knob Road south of Crestridge Drive in the SE 1/4 of Section 16. All present voted in favor. Agenda Information Memo April 5, 1993 City Council Meeting PRELIMINARY PLAT/DIFFLEY COMMONS 2ND ADDITION/ROTTLUND E. Preliminary Plat, Diff ley Commons 2nd Addition/The Rottlund Company, Consisting of 192 Units on Approximately 293 Acres Previously Zoned to Allow Multi-Family Housing ' Located Along the North Side of Diffiey Road East of Beaver Dam Road in the Southwest Quarter of Section 20--At its meeting of February 23, 1993, the Advisory Planning Commission considered the above-referenced application. A number of concerns were raised by the APC and the neighboring residents and the item was continued for further review of those concerns. The applicant brought the item forward again at the March 23, 1993 meeting with various modifications. For additional information with respect to this item, please refer to the Community Development Department report which is enclose on pages 1'?rf throughr?O/ for your review. Also enclosed on pages ithrough, o and I az througlaCaare the March 23, 1993 and February 23, 1993 APC minutes relative to this item. The APC is recommending approval. Please note that Condition 2 has been modified by the Planning Commission as noted. Finally, enclosed on pagea4,t through-Pais a supplemental memorandum from City Planner Sturm outlining the various modifications provided by the developer in the resubmittal and covering correspondence from the developer identifying a series of private streets with variances being proposed as a part of this plat application. The letter includes exhibits noting locations of the specific street sections at which variances would apply. As these items are being considered as a part of the overall plat, it is not necessary to process • a variance application separately. However, it would be appropriate for the Council to identify whether the variances will be permitted and, if so,which of the alternates presented would be approved as a part of the plat itself. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Diffley Commons 2nd Addition/The Rottlund Company, consisting of 192 units on approximately 29.3 acres previously zoned to allow multi-family housing located along the north side of Diffley Road east of Beaver Dam Road as presented. / (c' SUBJECT: PRELIMINARY PLAT & VARIANCE (DIFFLEY COMMONS 2ND ADDITION) APPLICANT: THE ROTTLUND COMPANY • LOCATION: PARCEL 10-02000-011-51 IN THE SW 1/4 OF SECTION 20 EXISTING ZONING: R-4 (MULTIPLE) DATE OF PUBLIC HEARING: MARCH 23, 1993 DATE OF REPORT: MARCH 16, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Preliminary Plat consisting of 61 lots (192 units) on approximately 29.3 acres in an R-4 (Multiple) zoning district and a Variance to the minimum street width requirement. The site is located along the north side of Diffley Road east of Beaver Dam Road. BACKGROUND: A neighborhood meeting was held February 17, 1993. At that meeting, approximately 15 neighboring property owners were in attendance and raised concerns regarding building styles,price ranges,tree preservation,site plan questions,and the location of a 12-unit building. After the meeting, the applicant realigned some of the buildings on the site in an attempt to alleviate residents concerns about the buildings mass and had also moved a villa building 10' further away from a single family home on the north side of the project. This item was heard at the February 23, 1993 Advisory Planning Commission meeting where the item was continued one month due to concerns of neighbors and Commission members. COMPREHENSIVE LAND USE GUIDE PLAN: The proposed development is consistent with the Comprehensive Land Use Guide Plan designation of D-III Mixed Residential (6-12 units/acre). PLANNED DEVELOPMENT: Diffley Commons 2nd Addition is located in the Eagan Hills y g West Planned Development., The exhibits within the P.D. Agreement show a designation of"high density, 16+ units/acre" for this portion of the P.D. Normally, a P.D. Amendment would be required for a reduction in density such as is occurring with the Diffley Commons development. However, the Eagan Hills West P.D. Agreement contains a provision that states: "Less density shall be permitted at developer's sole discretion", therefore no P.D. Amendment is required in this case. SITE PLAN: The site plan indicates the total area is 29.3 acres. The Rottlund Company is proposing a total of 27 buildings (192 total units)for a net density of seven units/acre.The ro osal includes three housing types: Villa,p g type ilia, Atnum, and Patio homes. Access to the site is provided from Beaver Dam Road where two public cul-de-sacs (North and South Ruby Court)provide internal access. Off the cul-de-sacs is a private street,Sapphire Point. Along the east half of the property is Pond AP-4 and in the NW corner abutting the first addition is a play area. Originally the site was to be developed with 26 buildings and 192 units. However, in an effort to mitigate neighbor and planning commission members concerns, several revisions have been made to the plan. First, in the northeast corner of the site, the 12 and 4-unit Villas have been replaced with three 4-unit Atrium homes. Secondly, the 12-unit Villa immediately to the west of these new Atriums has been reduced by four units and is now an 8-unit Villa. Lastly, the northwest corner has been modified to change the two 8-unit villas to 12-unit Villas and reducing the original open space play area. The total number of units remains the same. It is the intention of the applicant to develop the site in two phases. The first phase will include six Villa buildings--four 12-unit buildings and two 8-unit buildings; eight 4-unit Atrium homes and four Patio homes; one 4-unit building and three 8-unit buildings. Both North and South Ruby Court would be constructed with the first phase. North Ruby Court is approximately 640' in length, 140' above the 500' cul-de-sac maximum length required by the City. This cul-de-sac,however, is not a dead-end and provides access to the private street. It is intended that all of Phase I be addressed off Ruby Court. As proposed, all buildings meet, or exceed City setback requirements. Phase II of the development is located south of South Ruby Court and a portion of Pond AP-4.1 and Pond AP-4 and north of Diffley Road (County Road 30). This phase shall include a total of nine buildings (68 units). Three 4-unit Atrium homes are located south of the ponds and north of the private street (Sapphire Point) and six Villas (four 8-units and two 12-unit buildings) are located to the south of Sapphire Point and abutting Diffley Road. The two-story Villas located near the north property line and south along Diffley Road are approximately 1,250 sq. ft. The exteriors have aluminum siding and brick accents. Interior units have single car garages and end units have double car garages. The Patio homes are located between North and South Ruby Courts. The single level Patio homes are approximately 1,100 sq. ft. The exteriors are a mixture of aluminum siding and brick. End units are slightly larger and have a two-car garage; interior homes have a single car garage. The 4-unit Atrium homes are located around the ponds in the interior of the plat and in the northwest corner of the site. These styles have aluminum siding and brick features and all have a double car garage. 1 —1 g The buildings are owner-occupied and exceed the exterior building code requirements for multiple residential by 50% The colors of the buildings are intended to be light grey, taupe, and beige. City Code requires one enclosed, or underground garage space per unit and one outdoor space per unit. The plan indicates a total of 443 total parking spaces for Phase I and 249 for Phase II. Three hundred eighty-four parking spaces are required by Code for the project; a total of 692 parking spaces have provided for the entire project. Of that total, 92 - are guest spaces. The project provides 308 above the total number required by Code. The landscape plan was prepared to provide a variety of overstory and understory plant material and year-round color and also tying in to the existing Diffley Commons Addition. A tree survey was conducted on the east property line and around Pond AP-4. As proposed, the applicants do not include disturbing the majority of those trees. GRADING/DRAINAGE & EROSION CONTROL: The 29-acre site contains a mixture of open grasslands and wooded areas. There is a 2.4 acre pond, which is Pond AP-4 on the City's Comprehensive Storm Water Management Plan, along the east edge of this site. Around the outside of the pond is an area of 2-3 acres of trees that the developer proposes to save and protect. The developer is also proposing to save a 30-foot wide stretch of trees along the southeast corner of this site where the development abuts single-family houses. The 30-foot wide buffer will help to screen this site from the existing single-family houses to the east. The preliminary grading plan also shows protecting an area of trees along the . north property line of approximately 0.2 acres. The rest of the site, which is approximately 26 acres, is proposed to be disturbed by the grading to prepare this area for the housing units on this site. The preliminary grading plan shows cuts of 16 feet in the southeast corner and fills of 12 feet in the north end of this site. In two different locations, retaining walls are shown to be constructed. The developer will be required to submit detailed plans and specifications of the retaining wall construction for City review and approval prior to final grading plan approval. The majority of the drainage from this site will be directed to a new water quality treatment pond which will be located along the west edge of Pond AP-4. The water quality treatment pond, Pond AP-4.1, is proposed to outlet into Pond AP-4. Pond AP-4 currently does not have a storm sewer outlet. The pond receives runoff from a 15" storm sewer line that drains Kathryn Circle. The City's Stormwater Management Plan shows a 12" trunk storm sewer line as the outlet pipe for Pond AP-4. The outlet for Pond AP-4 shall be limited to a rate of 2 cfs. The developer will be required to petition the City to construct the storm sewer outlet prior to final plat approval or include the pond outlet construction in the final plat documents. In the northwest corner of this site is a 4.3 acre area that is proposed to drain to the existing storm sewer that was installed with the Diffley Commons 1st Addition. This 4.3 acre area drains to Pond AP-35.1 which is a water quality treatment pond constructed with the 1st Addition. Along the west edge of this site, the developer proposes to drain a 2.2 acre area to the existing storm sewer system in Beaver Dam Road. This 2.2 acre area will drain to Pond AP-35 which is in the Diffley Commons 1st Addition area. Pond AP-35 and AP-35.1 have outlets that discharge in a westerly direction to the Rahn Road storm sewer system. The developer will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards to protect the existing trees and pond in this area. WATER QUALITY &WETLANDS: This proposed development lies in Drainage Basin A. Storm sewer draining approximately 13 acres of this development is proposed to eventually discharge to Pond AP-4, a pond designated for wildlife habitat in the City's water quality management plan. To adequately protect water quality in Pond AP-4, a detention basin to treat water from this drainage prior to discharge will be needed. Preliminary analysis t U indicates the detention basin should be about 0.4 acres in surface area, and be at least 1.25 acre-feet in wet volume and 3.1 feet in mean depth at the normal water level. The 6.5 acres of this development that will be served by ponding on the Diff ley Commons 1st Addition was designed to drain to these ponds and the ponds were sized accordingly with the 1st Addition. A cash dedication will be recommended to meet water quality requirements for any remaining developed area on the site. A wetland inventory has been completed for the site by the developer. The only wetland identified is the one associated with Pond AP-4. Staff will recommend that any draining or filling of the wetland complex be avoided during the development of the parcel as well as during the installation and operation of an outlet from Pond AP-4. These recommendations are subject to the approval of the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer service is readily available to serve this site from Diffley Road to the south, Beaver Dam Road to the west and from an existing 8" line that runs along property in the northeast corner of this site. The preliminary utility plan shows connecting to three 8" sanitary sewer stubs that were provided to this site from the Diff ley Commons 1st Addition. Water main of adequate pressure and capacity is readily available to serve this site from an existing 18" water main in Diffley Road, from an existing 8" water main in Beaver Dam Road and from an existing 6" line that has been stubbed to this site from Kathryn Circle. The preliminary utility plan shows an 8" looping water main that would connect to the 18" line on Diffley Road and two connections to the existing water main on Beaver Dam Road. Water pressures in this area of the City,which is within the intermediate pressure zone, are relatively low. This development can anticipate residual pressures at 45 p.s.i. and static pressures at 70 p.s.i. Staff recommends that all lateral water mains within the development be a minimum size of 8". City staff recommends that the developer also connect to the 6" water main on Kathryn Circle. The loop on Kathryn Circle would provide another east/west feed to the trunk water main on Blackhawk Road and it would improve the quality of the water to the houses on Kathryn Circle. The revised preliminary utility plan shows constructing the 6" watermain loop to Kathryn Circle around the north side of Pond AP-4. This layout would require the acquisition of an easement from 2 of the existing homeowners on Kathryn Circle, constructing of a watermain in between 2 houses, removal and replacement of the existing street of Kathryn Circle and connecting to the existing 6" watermain in Kathryn Circle. City staff recommends that a 6" sanitary sewer service and 4" DIP water service line be provided to each building. STREETS/ACCESS/CIRCULATION: Street access is available to serve this site from Beaver Dam Road which is a 44-foot wide street constructed by the Diffley Commons 1st Addition. Diffley Road, which abuts along the south property line of this site, is not proposed to have any access directly to it from this site. The preliminary site plan shows l construction of two cul-de-sacs that would be publicly maintained that would connect to Beaver Dam Road to serve this site. Off of the two cul-de-sacs would be a system of private streets that shall be constructed to City standards as outlined in the City code. The preliminary site plan also shows one private street that will connect to Beaver Dam Road along the west edge of this site. The developer has submitted a variance request to the City Code section covering street widths of private streets. The developer feels that this variance would provide a constant driving lane width through most of the private street system, and would eliminate street and curb tapering. The street widths as identified in the City Code will provide adequate accessibility to the proposed units for emergency vehicles. EASEMENTS/RIGHT-OF-WAY/PERMITS: The preliminary plat is showing that an additional 15 feet of right-of-way will be dedicated along the south edge of this site adjacent to Diffley Road. No additional right-of-way is required for Beaver Dam Road. The final plat shall include permanent drainage and utility easements to cover the proposed sanitary sewer,water main and storm sewer lines that will serve this site. Also, permanent ponding easements shall be dedicated over Ponds AP-4 and AP-4.1. Standard Conditions of Plat Approval B.1, B.3 and B.4 address these requirements. The looping of the 6" watermain around the north side of Pond AP-4 and connecting to Kathryn Circle will require the developer to acquire additional easements outside of the plat. Standard Condition of Plat Approval B.2 addresses this requirement. This new development will be responsible for obtaining all regulatory agency permits such as MPCA, MWCC, MN Department of Health, Dakota County, etc., prior to final plat approval. FINANCIAL OBLIGATION - DIFFLEY COMMONS 2ND 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 M.F. $17.80/ff 370 ff $ 6,586 Sanitary Sewer Lateral Benefit Water M.F. 26.05/ff 834.73 ff 21.745 Total 31 There are no pending assessments on this parcel on the date of this report. There are $29,405 of levied assessments which will be pro-rated to the succeeding parcels, which are created by the subdivision. - 1 �Y PRELIMINARY PLAT CONDITIONS FOR DIFFLEY COMMONS 2ND ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C4, D1, El, Fl, 01, and H1 2. A final landscape plan shall be prepared on the grading plan. 3. The project shall have an underground irrigation system. 4. All plant materials shall meet City minimum standards. 5. All trash/recycling containers shall be stored within individual garages until day of common pick up. 6. A homeowners' association shall be formed and declaration of covenants shall be provided to the City prior to final plat. 7. A variance of 140' to the 500' maximum cul-de-sac length shall be approved for North Ruby Court. 8. The developer will be required to submit detailed plans and specifications of the retaining wall construction for City review prior to final grading plan approval. 9. The developer is required to petition the City to construct the storm sewer outlet for Pond AP-4 prior to final plat approval or include the pond outlet construction as a part of the development's final plat construction documents. 10. The development is required to provide a water quality treatment pond with a surface area of 0.4 acres at the NWL, a wet pond volume of 1.25 acre feet and an average depth of 3.1 feet to treat the area before discharge to Pond AP-4. 11. The development shall provide additional right-of-way for Diffley Road as required by Dakota County. 12. The private streets shall be constructed to City standards as outlined in the City Code. 13. This development is responsible for all costs associated with connection to the existing watermain as provided with the development of Kathryn Circle. � 3 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-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. (if; (-7 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, 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. 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. 1987 Revised: July 10. 1990 Revised: • February 2. 1993 LTS#5 STANDARD.CON (gi Your Builder forl.ifi� ROT TLUND HOMES A DIVISION OF THE ROTTLUND COMPANY.INC March 15, 1993 Mr. Jim Sturm Planning Director City of Eagan 3830 Pilot Knob Road Eagan,MN 55122 Re: Diffley Commons 2nd Addition Dear Mr. Sturm and Planning Commissioners: This letter is intended to add further information to the previous submission to Planning Commission. The following summarizes the changes. Per the Planning Commission recommendation,we have maintained a 50 foot setback to Villa structures in all cases to the property line. The Atrium buildings were also revised and are set back more than the zoning district requires. All of the plan changes were confined to the first phase of the site plan. Villa and Atrium Plan Changes All of the Villa buildings moved further from the northern property line. The closest Villa is 60 feet from the property line. In the area of Jade Lane cul de sac,we have changed from a 12 unit building to a n 8 unit building and increased the distance from the property line to 93 feet. Driveways remain oriented north south where ever possible. However, on the western boundary,circulation system planning created a shift of one building to a north east orientation. The unit mix did change,with a decrease in Villas from 76 dwelling units to 60 units. In the Northeast corner of the development,a change was possible from Villas to Atriums. Because the Atrium can handle grade change a bit better than the Villa,a modest increase in the base elevation also occurred. Regardless,the lower profile of the building appears to accomplish the goals of both the current neighbors and the Planning Commission. The Atrium dwelling unit count increased from 20 units to 32 dwelling units. Grading Regarding grading,there were two retaining walls on the previous submission along the north property line. We have been able to eliminate both of them. The engineering firm reviewed the earth work balance, and feels that the grades shown will balance the amount of cut and fill over the whole site. This goal of good construction means that the Villa buildings along the northern property line will still be several feet higher in gra 81 1 es le family homes on Jade Lane. However, this is not unique to this phase nor Fax 612-571-1085 5201 East River Road#301 6 Fridley,MN 55421 Mr.Jim Sturm March 15, 1993 Page-2 construction projects in general. It is just not possible to have the buildings lowered any more. By moving the buildings further back,the grading contours are lengthened,and a greater transition to the existing single family lots is maintained. As was pointed out at the last public hearing,the end elevation of the Villa is not much wider than many of the homes on Jade Lane. Photographs of the existing homes were taken, and will be available at the next public hearing. Play Area and Open Space The size of the play area did decrease from the previous submittal due to shifting of the Villa buildings along the Northerly property line.At the previous public hearing,we discussed the possibility of these tradeoffs in order to create a greater setback to Villa buildings. Over three-quarters of an acre remains on the Diffley Commons 2nd Addition property. When combined with the original Diffley Commons development,a play area of 1.25 Acres will be creted. This space will still be plenty long and wide enough for games of frisbee, croquet, football, catch,etc. No play apparatus is planned to be installed in this space. Efforts to stay away from the pond along the east have been maintained,with 5.5 acres of open space being part of the overall associations benefit. At this time,we anticipate creating cross access easements over the pond area that would not preclude any of the associations residents from being in or around the pond property. Utilities We have tried to meet with the engineering department to verify concepts discussed over the telephone. The revised plans indicate our water line will be brought to the northerly boundary of the homes on Kathryn Circle. We understand that the City may pursue as a public works project,a connection to this stub,using the existing utility easements in place along property lines. Alternatives previously mentioned to us were to run our pipes along the easterly property line. We have not been in favor of the destruction of the easterly tree buffer in order to accomplish this water line loop. We applaud the engineering department for what appears to be a more sensitive solution to the goal of looping water into Kathryn Circle. If the engineering department chooses not to install a new stub,then another corridor of large trees will need to be removed to accommodate engineering desires. Building Materials At the last meeting, an additional condition of approval was suggested,but withdrawn for 60%brick. The elevations proposed for the Villas do contain more brick than the existing Villas of Diffley Commons. Aluminum siding and high grade asphalt shingles are standard. All of the exterior materials,including paving, seal coating,roof replacement,painting,etc.are part of the homeowners monthly association fee. The FHA/VA in approving the subdivision makes owners of multiple family dwelling pre-pay for these expenses. Owners of single family detached homes do not need to deposit money aside for future repairs, they must borrow. With this requirement by FHA the overall appearance will be maintained uniformly, constantly, and without delay in long term requirements. We disagreed strongly with adding more brick,certainly a condition that is not defensible by the City Code, and one that does absolutely nothing to further protect the publics health,safety and welfare. None of the existing single family homes along Jade Lane have full brick,a few have stone veneers on portions of split entry facades. Many have siding of masonite. Our position is,miscellaneous,arbitrary conditions without Mr.Jim Sturm March 15, 1993 Page—3 any neighborhood context only increase the cost of housing needlessly.If this development were proposed next to a single family neighborhood of predominantly brick homes,such as"Kenwood"in Minneapolis, then a condition such as%of brick becomes defensible. This neighborhood is designed for people of modest middle incomes to get started in home ownership,and to not spend excess amounts of equity on brick to move into homes as empty nesters or older buyers. Homes are currently for sale on Kathryn Circle for less than$95,000. Our Atriums will need to sell for over$100,000 due to building material and land development costs as they are currently submitted and designed. Please,strongly consider the City of Eagan goal to provide housing for people of all ages,colors,sexes and income levels. Colored graphics and photographs of existing buildings we have completed were previously shown. We encourage you to visit our developments where these buildings exist or are under construction. We request your unanimous approval for the revised plans as submitted,without extra conditions,and with one of the two private drive variance request alternatives to minimize impervious surfaces. Respectfully, 401,10()5°44e4 . 1/14#( Donald Jensen Land Development Manager DVJ/dj cc: Shannon Tyrre—Planning Mike Furtsch—Engineering Diff ley Commons 2nd Addition , 49%g r ti 1 I A* i e95 k ) ;IiprIA'-'jri- i I _ _ , t........... . _4 _, ALA _STREET MAP . r . `�' ,La \\AEC � ' II -- . tit _ ^iE 1 �j , ,t.. bizen� sin � ,DOw�• � p • . ....114.-i,.-,..,_, ,-,..._., .77.- ----:._.,7, Or ..: : 8 , ,.."•- AN iffi < \44. . --.-- 4 vs . , . na, 1 , e ,N % % tati ' I• :et �. q*Q ,.II R.4' '� ��y'1 „ ` Rjr14"irr? ,,, .Z .2: r.,\. Alt l!TEPR9 .115, 4111 - "4-1 1 , ': 1,A.. i•:...M! 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If c i: Z° co �' -- ~ti■►--"_= ` ��-_ - C 17;701.7171.47: • --ter"_ \ / OFFLEY ROAD w co co cos i 0• 4n Clff mi. had I. 1• N •-- . ....,CD/ CJ 1 Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 23, 1993 DIFFLEY COMMONS 2ND ADDITION - THE ROTTLUND COMPANY Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of 192 units on approximately 29.3 acres previously-zoned to allow multi-family housing located along the north side of Diffley Road east of Beaver Dam Road in the SW 1/4 of Section 20. City Planner Sturm stated that this application was continued at the February 23, 1993 , Advisory Planning Commission meeting. Since that time the applicant has revised the site plan. The number of units has stayed constant and as proposed the density is 7 units/acre. Don Jensen, a representative of the applicant, explained the site plan changes that were made since the last meeting. He mentioned that none of the units would be closer than 50 feet from the north property line. Mr. Jensen also stated that they are requesting variances for the road widths of the private streets. Dennis Castle, 1835 Jade Lane, was concerned with the change in the contour of the land behind his. residence. He stated that the applicant is proposing to elevate the land 12 feet and he wanted some sort of relief. Member Merkley arrived at the meeting at this time. Wesley Isaac, 4073 Cinnabar Drive, stated that he would like some landscaping between his home and the proposed units. He further stated that he wants some type of assurance that the landscaping will be done. Mr. Jensen reviewed the landscape plan and how it would buffer Mr. Isaac's property. In response to Mr. Castle's concern, Mr. Jensen stated that any type of development that would occur on this site would increase the elevation behind his house. He stated that 12 feet was perceived by the applicant to be an adequate transition. If possible, they would try to lower this. Alternate Isberg questioned if the private streets as proposed would meet City Code. Member Jensen replied that the reason they are asking for the road width variance was to decrease the impervious surface of the site. The roads they wish to narrow have a minimum amount of units that they service. Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 23, 1993 Member Miller suggested that condition #2 be amended to require that the applicant forward a copy of the landscape plan to Mr. Isaac. Member Gorman stated that he would like the units built as they were presented to the Commission by the applicant. A discussion occurred regarding the proposed exterior of the units and the use of brick. Miller moved, Hoeft seconded, the motion to approve a Preliminary Plat consisting of 192 units on approximately 29.3 acres previously-zoned to allow multi-family housing located along the north side of Diffley Road east of Beaver Dam Road in the SW 1/4 of Section 20, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, Bi, B2, B3, B4, Cl, C2, C4, D1, El, Fl, G1 and H1 2. A final landscape plan shall be prepared on the grading plan and Wesley Isaac, 4073 Cinnabar Drive, Eagan, shall receive a copy of this landscape plan. 3 . The project shall have an underground irrigation system. 4. All plant materials shall meet City minimum standards. 5. All trash/recycle containers shall be stored within individual garages until day of common pick up. 6. A homeowners' association shall be formed and declaration of covenants shall be provided to the City prior to final plat. 7. A variance of 140' to the 500' maximum cul-de-sac length shall be approved for North Ruby Court. 8. The developer will be required to submit detailed plans and specifications of the retaining wall construction for City review prior to final grading plan approval. 9. The developer is required to petition the City to construct the storm sewer outlet for Pond AP-4 prior to final plat approval or include the pond outlet construction as a part of the development's final plat construction documents. a.�3 Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 23, 1993 10. The development is required to provide a water quality treatment pond with a surface area of 0.4 acres at the NWL, a wet pond volume of 1.25 acre feet and an average depth of 3. 1 feet to treat the area before discharge to Pond AP-4. 11. The development shall provide additional right-of-way for Diffley Road as required by Dakota County. 12. The private streets shall be constructed to City standards as outlined in the City Code. 13. This development is responsible for all costs associated with connection to the existing watermain as provided with the development of Kathryn Circle. All present voted in favor. Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 23, 1993 DIFFLEY COMMONS 2ND ADDITION - THE ROTTLUND COMPANY Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of 192 units on approximately 29.3 acres previously-zoned to allow multi-family located along the north side of Diffley Road east of Beaver Dam Road in the SW 1/4 of Section 20. City Planner Sturm stated that this application is in conformance with the Comprehensive Guide Plan. This application is proposed in two phases. All parking and building setback requirements are met with this proposal and the 50% maintenance free exterior is also met. He mentioned that the applicant is requesting a variance to allow North Ruby Court to extend beyond the 500 foot maximum length for a cul-de-sac. A neighborhood meeting was held and 14 residents attended this meeting. The residents had concerns regarding building styles, price range of units, tree preservation, site plan questions, and the location of one 12-unit building. Don Jensen, a representative of the applicant, explained the background of the application. He stated that since the neighborhood meeting they have realigned some of the units on the site plan so that the residents of the single family homes to the north and east of the site will have the shortest dimension facing their homes. Further, they have moved one 12-unit villa further away from a single family home on the north side of the site. Instead of being 95 feet away from the single family home, this unit will now be 105 feet away. He mentioned that the density will be 7 units an acre net. Wesley J. Isaak, 4073 Cinnabar Drive, stated that he is a long-term resident of Eagan. He is concerned with having the largest, least expensive unit on the plat being constructed in his backyard. His home is located near the northeast corner of the site. He is worried about his property value and about having 16 more families in his backyard with 16 cars shining headlights into his home. Mr. Isaak stated that he was there before this development was and believes that it should blend better with the existing homes. He proposed that the applicant eliminate the two villa units in the northeast corner of the site (one 12-unit and one 4-unit) and construct one 4-unit Atrium home there instead. Wesley M. Isaak, Mr. Isaak's son, stated that this is a difficult piece of land to develop and that is probably why it was developed last. He mentioned that the residents. are aware that something will be developed there, however, the existing homeowners should get first consideration. p • D)C Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 23 , 1993 Dennis Castle, 1835 Jade Lane, stated that his home is the closest to the north side of this development. He stated that when the planned development for this piece of land was approved, it was discussed in great length that there would be a buffer zone between the multi-family and the single-family homes. He mentioned that the villas proposed behind his home will be two-story units. He thanked the developer for making some changes, however, he did not feel it was adequate. Terry Anderson, 1847 Kathryn Circle, stated that there are too many units in such a small area. He believed that the one-story buildings would be less obtrusive to the existing single family homeowners than the two-story units. Mark Realm, a resident of Kathryn Circle, agreed with Mr. Isaac's proposal. Mr. Jensen stated that they have already made changes to the site plan and they feel there is already adequate setbacks from the single family homes. He mentioned that Mr. Isaak's home will be approximately 180 feet from the nearest unit and he will only be able to see the top half of the unit, which would be the same as if a one-story Atrium were constructed there. Mr. Jensen stated that the applicant could put additional landscaping at the end of the cul-de-sacs to prevent headlights shining through to the existing homeowners. He further stated that the Atrium is lower in height, but wider in width. Member Gorman stated that there is room for compromise between the developer and the homeowners. Member Griggs agreed. A discussion took place regarding screening and unit elevations. Chairman Voracek suggested that Mr. Jensen prepare some visuals for the neighbors so that they can see what their prospective view of the site would be after development. Member Hoeft asked Mr. Jensen if Mr. Isaak's proposal would be feasible. Mr. Jensen replied that the Atrium unit would not fit into this area to make the grading lines and common open space work. Further, the single family homeowners would see more of the Atrium because of how they would have to be positioned on the site. Member Griggs stated that he had a concern with the building in the northwest corner near the play area. He would like to see the setback be at least 50 feet from the property line. Member Griggs would also like all-seasonal landscaping to be used as a buffer. Further, he would like a condition to be added which requires that the units be constructed of at least 60% brick to address the long-term maintenance of the building. 0-0 (e Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 23, 1993 Mr. Jensen stated that this condition is not in City Code. He mentioned that as proposed the buildings would be constructed of aluminum siding and some brick. The Homeowners' Association collects dues to pay for future repairs and maintenance such as new roofs, streets, paint, etc. He stated that he objects to this condition. Member Heyl stated that she does not want the setbacks to be detrimental to the future occupants of the units. Member Griggs stated that he would like the applicant to prepare visuals for the residents and to prepare another site plan to address the residents and Commissioners concerns. Chairman Voracek stated that the applicant should try and mitigate the residents' concerns. He stated that he believes the overall site plan can work. Hoeft moved, Gorman seconded, the motion to continue the public hearing to the March 23, 1993, Advisory Planning Commission meeting, a Preliminary Plat consisting of 192 units on approximately 29. 3 acres previously-zoned to allow multi-family located along the north side of Diffley Road east of Beaver Dam Road in the SW 1/4 of Section 20. All present voted in favor. �b� MEMORANDUM TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: MARCH 30, 1993 RE: DIFFLEY COMMONS 2ND ADDITION At the March 23 Advisory Planning Commission meeting, the Diffley Commons Addition consisting of 192 multi-family units on approximately 29 acres located along the north side of Diffley Road east of Beaver Dam Road was approved unanimously. The site is currently zoned high density residential within the Eagan Hills West Planned Development allowing 16+ units per acre. There was a neighborhood meeting held at the Library February 17 with approximately 15-20 residents in attendance. Rottlund Homes also had a separate meeting with the Homeowners' Association of the first addition. Most of the site planning concerns dealt with the NE corner of the site and along the northern property line. Residents wanted the Villa style homes moved further away from the single family homes or replaced with Atrium (4-unit) buildings. At the February 23 APC meeting, this item was continued after a rather lengthy discussion. The same concerns were reiterated by the Commission. The applicant made these site plan modifications for the March APC meeting: 1. In the NE portion of the site, 4 and 12-unit Villas were replaced by three Atrium homes. 2. The 12-unit Villa to the west of that area was reduced to an 8-unit building. 3. The 8-unit Villas in the northwestern portion of the site were changed to 12-unit buildings. The number of units stayed the same and the density of the project is seven units per acre. There was a short discussion regarding the proposed private street widths; however, the Commission kept in condition #12 stating that all private streets must be constructed to City Code requirements. The applicant will address this Variance request with the Council. Condition #2 of the staff report was modified to read: 2. A final landscape plan shall be prepared on the grading plan and Wesley Isaac, 4073 Cinnabar Drive, Eagan, MN. shall receive a copy of this landscape plan. Attached is correspondence from the applicant regarding the Variance request, February and March APC minutes, and the March staff report. If you would like additional information, please advise. City Planner JS/js oU • L 1 1,,_ tour Builder fort f R(JF LUND HOMES A DIVISION OF THE ROTTLL'ND COMPANY.INC. March 13, 1993 Mr.Jim Sturm Planning Director City of Eagan 3830 Pilot Knob Road Eagan,MN 55122 Dear Jim: This letter is intended to add further justification to our request for private street width variances in the Diffley Commons 2nd addition development. The revised plans contain 192 units in two phases. Private drives serve the Villa buildings,the Garden\Patio homes and the Atrium homes. In the Eagan Code, driveways are allowed to change widths based on the total number of units served. A 22'road can serve up to 8 units,a 26'road can serve up to 20 units,and roads serving over 20 units are to be 30'wide. The public streets Ruby Court North and South are 34'wide and allow parking on one side. The variance application is intended to accomplish two main things.The most important is to reduce impervious surface in roadway,especially where a break point in units occurs immediately prior to the private drive ending. The second is to simplify construction so that changes in width of roads are taken up at intersections only rather than an arbitrary point on a drive due to a unit count change. The hardship to the development,therefore the applicant, is to not burden future maintenance tasks with roads that taper unnecessarily,with minimal benefit to traffic circulation. By maintaining the changes in roadway width at intersections,a cleaner looking project is obtained. The request does not impair the health safety and welfare of future or existing residents. We believe that by minimizing the total amounts of impervious surface,that a greater amount of public good is achieved,while lessening the impact to City of Eagan downstream storm water ponds. The attached map shows where the variance is intended to apply. This letter shall supersede the drawings the City may have. To aid in identifying the driveways in question,a lettering system has been added. The following table further clarifies the requested deviation from the code. PHASE ONE(Alternate#1) Requested variance #of units Width Total length variance length %total . Imp.surf. saved Driveway B 12 vs. 8 22' 200' 85' 42% 300 SF Driveway Cl 9 vs. 8 22' 300' 35' 12% 140 SF Driveway D 10 vs. 8 22' 205' 75' 36% 300 SF Driveway G 22 vs. 20 26' 225'. 75' 33% 360 SF Driveway H 12 vs. 8 22' 250' 90' 36% 300 SF Total for variance(Alt. #1) 1180' 360' 30% 1400 SF Phone 612-571-0304 Fax 612-571-1085 5201 East River Road#301 Fridley, MN 55421 Mr. Jim Sturm March 13, 1993 Page--2 The total length for all drives within Phase One(Alt.#1)is 2770'of which 2410'or 87%is a complying width per our submittal. Only 13%of the phase one driveways in this alternative are requested to have a variance in width. (1400 SF is comparable to a deletion of(8)eight 9'x18'parking stalls worth of asphalt). PHASE ONE(Alternate#2) Requested variance #of units Width Total length variance length %total .Imv.surf. saved Driveway B 12 vs. 8 22' 200' 85' 42% 300 SF Driveway Cl 9 vs. 8 22' 300' 35' .12% 140 SF Driveway C2 24 vs. 20 26' 140' 140' 100% 560 SF Driveway D 10 vs. 8 22' 205' 75' 36% 300 SF Driveway G 22 vs. 20 26' 225' 75' 33% 360 SF Driveway H 12 vs. 8 22' 250' 90' 36% 300 SF Driveway I 14 vs. 8 22' 450' 180' 40% 720 SF Total for variance 1770' 680' 38% 2680 SF The total length for all drives within Phase One(Alt.#2)is 2770'of which 2090'or 75%is a complying width per our submittal. Only 25%of the phase one driveways in this alternative are requested to have a variance in width. (2680 SF is comparable to a deletion of(15)fifteen 9'x18'parking stalls worth of asphalt). PHASE TWO Requested variance #of units Width Total length variance length %total • Imp.surf. saved Driveway L 10 vs. 8 22' 190' 60' 32% 240 SF Driveway M 9 vs. 8 22' 215' 15' 7% 60 SF Driveway N 10 vs. 8 22' 250' 50' 20% 200 SF Driveway Q 10 vs. 8 22' 165' 50' 30% 200 SF (Alt. 1) Sapphire Pt. 24 vs. 21 26' 600' 110' 18% 440 SF Total for variance 1420' 285' 20% 1140 SF (Alt. 2) Sapphire Pt. 44 vs. 21 26' 600' 300' 50% 1200 SF Total for variance 1420' 475' 33% 1900 SF o The total length for all drives within Phase Two(Alternate One)is 2150'of which 1865'or 87/o is a complying 8th ) width per our submittal. Only 13%of the phase two driveways are requested to have a variance in width. (1140 SF is comparable to a deletion of(6)six 9'x18'parking stalls worth of asphalt). The total length for all drives within Phase Two(Alternate Two)is 2150'of which 1675'or 78%is a complying width per our submittal. Only 22%of the phase two driveways are requested to have a variance in width via alternate one. (1900 SF is comparable to a deletion of(10.5)ten and one-half 9'x18'parking stalls worth of asphalt). This request is specific to this project. This request does not come to the City because of a similar variance in an adjacent development. The hardship is caused by the City Code needing to create a systematic division that is generally uniform,but impossible to relate to all conditions. This request is for the cmallest variance possible to solve the hardship created by a dwelling unit driveway factor that doesn't apply uniformly to all styles and site plans for housing. Both of the alternate two variance requests together represent a potential deduction of 4580 Square Feet,equal to 25.5 parking stalls or 4 Villa dwelling units with their attached garages. Mr.Jim Sturm March 13, 1993 Page—3 The approval of this variance request will create a more pleasing development with less asphalt on the ground. Changes in driveway widths will occur only at intersections or major curves in the drive,eliminating maintenance problem areas. The premise for widening is to allow for better traffic flow,which is not a constant condition. However,both visual concerns,excess heat reflection and runoff conditions occur with at least as much frequency. Environmentally,we believe that by granting the variance request,a more pleasant living area will be created. The denial of this variance request will not cause the site plan building layout to change,only add needless asphalt. A colored graphic showing these two variance alternative requests will be used in our presentation to the Commission and Council. We request your unanimous approval for one of the two variance request alternatives. 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Recommendation, Economic Development Commission, Concept Approval of Eagan Hospitality Industry Request for Convention and Visitors Bureau--Staff is in receipt of correspondence from the Northern Dakota Chambers of Commerce on behalf of the Holiday Inn, Yankee Square Best Western and Residence Inn as well as the Marriott Courtyard in Mendota Heights requesting that the City consider implementing a 3% room tax as permitted under State statutes for purposes of fundingF.a Convention & Visitors Bureau. A copy of this correspondence is enclosed on page J . This item was discussed by the Economic Development Commission at its meeting of March 23, 1993. A copy of the minutes are encl ed on page o?.(�l your review. At that meeting, the information enclosed on pageso?ll through. was also distributed. Please note that the Commission is recommending that this item be approved in concept at the present time and has requested that the Council direct staff to work with the Chamber of Commerce and the hospitality industry to draft the appropriate documents for further consideration. The item will be returned to the EDC at such time as the documents are completed for a final recommendation to the City Council. In addition, following the meeting, Tim Dunn of the Yankee Square Inn forwarded the correspondence which is enclosed on pages?2,/through 413.Z3 for your review. In his letter, Mr. Dunn responded to questions raised by the Commission and City Council relative to the structure and activities of the Convention & Visitors Bureau. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a recommendation by the Economic Development Commission to approve the Convention & Visitors Bureau concept for further development by staff and the Commission. a * oaKOro NORTHERN DAKOTA COUNTY t #(%*. CHAMBERS OF COMMERCE • s ` 1301 CORPORATE CENTER OR. #116 __cc�`' EAGAN,MN 55121-1259 • jyI#s 81� (612)452-9872 •FAX: (612)45248978 March 4, 1993 Mr. Tom Hedges and Mr. Jon Hohenstein City of Eagan 3830 Pilot Knob Road . Eagan, Mn 55122 Gentlemen: Recently, the managers of the three major hotels in Eagan along with the Courtyard by Marriott in Mendota Heights approached the Chamber of Commerce to vigorously pursue the formation of a Convention and Visitors Bureau (CVB) . The newly formed CVB would be a division of the Northern Dakota County Chambers of Commerce. We are currently _ working with the hotel managers setting up an organizational struc- ture and operating guidelines. We are requesting the City of Eagan to pursue the Statutes and Ordinances that need to be enacted to impose a 3% room tax. Enclosed in Jon's letter are copies of Ordinances from a couple of different cities that already have a 3% room tax in place. . We are also requesting that this item be placed on the March Agenda . of the Economic Development Committee and, if feasible, on the April City Council Agenda for consideration. 1 In addition, a Joint Powers Agreement with the City of Mendota Heights would have to be approved in order to let the Courtyard by Marriott participate. Accordingly, I am sending Tom Lawell, City . Manager of Mendota Heights, a copy of this letter. If I can be of further assistance, please call me. ly, A <-47-5-4\_)41/ (11.' i -4-2-4.-7 . ./1: Daniel A. Aberg Executive Director DAA:db • . Enc. . cc: Tom Lawell. • . 411 EAGAN Cha-oe• c` Commerce • MENDOTA HEIGHTS Chamber of Commerce•ROSEMOUNT Chamber of Commerce ACCREDITED WEST ST. PAUL Cramer of Commerce. and the Cities of LILYDALE•MENDOTA•SUNFISH LAKE MINUTES OP TEE ECONOMIC DEVELOPMENT COMMISSION Eagan, Minnesota Tuesday, March 23, 1993 A meeting of the Eagan Economic Development Commission was held on Tuesday, November 23, 1993 at 7:00 a.m. Present were Eldon Johnson, Tom Korsman, Cathy Clark-Matuszak, Kirk Duholm, Tom Pederson, Gary Morgan, Jim Green, and Karl Oestreich. Also present were City Administrator Tom Hedges, Acting Community Development Director Jon Hohenstein, Project Planner Kim Eggers, and Chamber of Commerce Executive Director Dan Aberg. AGENDA The agenda was approved as presented. MINUTES There was one change to the minutes of the February 23, 1993 meeting. Tom Pederson noted one change on Page 10, the first paragraph should have stated Pederson's name rather than Hedges. OLD BUSINESS There was no old business. NEW BUSINESS CONVENTION AND VISITORS BUREAU Dan Aberg introduced Tim Dunn and David Johnston, Managers of the Yankee Square Inn and the Courtyard by Marriott respectively. Aberg had invited Mr. Dunn and Mr. Johnston to give input into a proposed Convention and Visitors Bureau (CVB) . Aberg gave a brief history on CVB's, stating that he was originally approached by hotel managers four years ago inquiring into the possibility of starting a CVB. Aberg also provided legislative history and requirements for CVB's. He stated that it may be in the best interest of Eagan to become involved in a Joint Powers Agreement with Mendota Heights regarding this issue. Johnston stated that the Mall of America is the biggest reason for the hotel managers requesting a CVB. He stated that the Bloomington Marriott and other hotels on the Bloomington strip are aggressively marketing their area, chiefly to Iowa and Canada markets. He added that the purpose of a CVB is not solely to market hotels, but to market an entire area. Dunn stated that there is not sufficient corporate support for hotels in Eagan, so travelers generated by the Mall of America are necessary. Dunn has also asked other restaurant and business owners about their feelings regarding CVB's, and all have been supportive of the idea. He stated that there is much hospitality (e support in the area. Aberg stated that a CVB would be a win/win situation for Eagan, and he quoted statistics from other cities who have. benefitted. Morgan questioned the type of tourists who are coming to the Mall of America. Dunn stated that senior groups, school and church groups are the type of organizations who frequent the Mall. Dunn added that these groups choose Eagan hotels because it is close to the Mall, and it is also a suburban setting, which feels safer to visitors than the downtown areas. Green asked about the proposed dues that businesses would pay. Aberg gave some examples of how the process works in other communities, but stated the workings of a CVB in Eagan would need to be determined. Dunn stated that the business owners he has spoken with are receptive to such a program. Green asked if the five percent the City would receive from the CVB would cover all administrative costs. Aberg stated that at this point it is unknown, but that he would check into it. Clark-Matuszak had some concerns regarding the administration of the proposed CVB. She wanted to know if there would be some sort of review board set up for this entity. Aberg stated that there would be. Pederson, voiced concerns that the CVB may not benefit all small business owners in Eagan. He felt that if the business could not afford the dues, they could potentially be hurt by the CVB. He also made the point that the CVB would be representing Northern Dakota County, not just Eagan. Aberg stated that the primary focus of the proposed CVB would be on the City of Eagan. Korsman stated that he supports the CVB. He also feels that with the hotels involved, it will be a winning situation for all of Eagan. Pederson reiterated his concerns for small business, but stated that he approves the idea in concept. He would, however, welcome the chance to sit on a group to decide if there would be any detrimental effects on any businesses. Duholm motioned that a recommendation be forwarded to the City council to support the CVB concept and that Staff and the hospitality industry work with the Chamber of Commerce to prepare the appropriate agreements and resolutions. Upon completion, this documentation is to be returned to the EDC for final recommendations to the City Council. Clark-Matuszak seconded the motion. All members voted in favor except Oestreich. a c� ���, p�KVrq�, NORTHERN DAKOTA COUNTY 4; i yF�c��� CHAMBERS OF COMMERCE 1301 CORPORATE CENTER DR. #116 EAGAN, MN 55121-1259 cy444, •o •f NCO t�� (612) 452-9872 • FAX (612)452-8978 ECONOMIC IMPACT OF A CONVENTION AND VISITORS BUREAU According to the Hotel/Motel Industry Association of Minnesota, for every $1.00 spent on lodging, $4.00 is spent on other items. i.e. food, dry goods etc. Therefore, for a weekend stay (Friday and Saturday night) at an average of $50.00 per night $400.00 will be spent in the community. It is nebulous to pinpoint exactly the effect of a CVB. After all, unless all parties are extremely diligent, it is hard to tell if someone came to the community because of the advertising, promotion and goodwill of the CVB, or if they were going to come to the city anyway. However, when you look at the lodging tax revenues in Burnsville, you will see close to a 100% increase over the past 5 years. In 1987 the revenue was $120, 000.00 and in 1992 the revenue was $237,000. Much of this is due to the aggressive marketing approach of the Burnsville Convention and Visitors Bureau. In addition, the occupancy rate increased 10% in 1992 over 1991. Willmar Minnesota, started their CVB in 1990. They have shown a 10 % increase, in the lodging tax revenue, the first two years and a 14.6% increase in 1992 or a 38.6% increase since its inception in 1990. Since Eagan and surrounding communities do not have any convention or large meeting areas, the proposed CVB will have to direct its marketing focus towards the motorcoach and general tourist trade. Because of Eagans proximity to Shopping, the Arts, Sports, Amusement Parks, and Zoos etc. Eagan is poised to take advantage of its geography. 411 EAGAN Chamber of Commerce • MENDOTA HEIGHTS Chamber of Commerce•ROSEMOUNT Chamber of Commerce ACCREDITED WEST ST. PAUL Chamber of Commerce, and the Cities of LILYDALE• MENDOTA•SUNFISH LAKE =�p _ I Economic Impact of the Motorcoach Market America,1989 cord ng to the SEA Report , Mr ached 13 . 2b billion dollars. .4meriaa, ac American icanocit impact a 1988 was figures 10 , 500 .a Day Tour to an of this North is .american ci y noted below. The economic impact figures for a Multi-Day Tour to an averge North America city in 1988 was $7 ,000 . A breakdown of this figure is noted below. Day Tour $3 , 500 Multi-Day Tour - $7 , 000 $256 - Meals $900 - Lodging $156 - Attractions 3266 - Attractions $646 - Transportation $261 - Meals $348 • Operator Expenses $718 - Transportation $776 - Miscellaneous $640 - Operator Expenses S1 , 580 - Out-of-Pocket Expenses Note! The Multiplier Effect accounts -for the variance in actual dollars and the economic impact figure . * Received from Jackie Bell at NTA Headquarters Best YANKEE SQUARE INN Western 3450 Washington Drive • Eagan,Minnesota 55122 • (612)452-0100 • FAX(612)452-5632 .wr..�.pwma MALL OF AMERICA STATISTICS From: Colleen Hayes - Director of Group Sales and Tourism * 11% of airport traffic has Mall of America as a destination. (This figure is from the Metropolitan Airport Commission study. ) * 19% of all visitors to Mall of America are flying. * Between August and December- 5000 buses * 50% of gross sales at Mall of America were from outside the Metropolitan area. * For every dollar spent at the Mall of America, $1 .50 is spent in the surrounding communities. * Traffic for the week of March 14-20 was an average of 77 buses per day. * On weekends during peak season as many as 200 buses per day. 0.C7 ° ' 1 sot YANKEE SQUARE INN westeni 3450 Washington Drive • Eagan,Minnesota 55122 • (612)452-0100 • FAX(812)452-5632 March 26, 1993 Mr. Tom Hedges _ City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55122 Dear Tom: I want to thank you for the opportunity to speak before the Eagan Economic Development Commission last Tuesday. However, I would like to reiterate a few points that were made at the meeting and clarify a few others. First, I want to again state that the Residence Inn, Holiday Inn, Yankee Square Inn and The by Courtyard b Marriott, in Y , Mendota Heights, are in strong unity to place the 3% bed tax on our businesses for the purpose of funding a Convention and Visitors Bureau. We are also in strong agreement that this Convention and Visitors Bureau be associated with the local Chamber of Commerce. There are many reasons why we found this relation with the Chamber to be advantageous. We do not have to go through the process of incorporating. We simply become an arm of the overall Chamber management. Further, our research has shown that "freestanding" CVBs spend more of their dollars on overhead expenses than on promotion, advertising and programs. The economy of scale says it is not prudent nor wise to be freestanding until our budget would start to reach the $1, 000, 000 level. i.e. Bloomington, St. Paul, Minneapolis, etc. We believe the Chamber already has a management system in place, governed by an outside Board of Directors that suits our purpose more than any other organization could. In our first years, we will need that guidance from the chamber professionals and the network that only they can offer locally, statewide and nationally. Another issue that came up was the question "Why can't they just tax themselves or pay dues?" Obviously only the legislature can tax or in the case of CVBs they have allowed local option to impose the tax. As far as the issue of paying dues, the legislature realized that by taking 3% of anybody's bottom line to promote the whole area was not prudent. If one hotel had a down year or a new owner came in, they virtually could abandon the project in mid-year and cause great havoc and threaten the integrity of the CVB. a� � As Dan Aberg pointed out in his "Economic Input" memo, CVBs have had dramatic effects in the communities where they have been instituted (57 in Minnesota) . This is an opportunity for all the retail commerce in Eagan to benefit whether they are a member of the CVB or not. By bringing in more tourist dollars, more money will be spent in the community whether or not the ultimate reason is to go to another destination outside of our city i.e. Mall of America, Guthrie, Collegiate or professional sports etc. It was of a concern to some commission members what kind of structure the CVB would have. While the relationship between the Chamber and the CVB has not been finalized, I can state that the following has been agreed upon: There will be an outside governing board (9 has been proposed) consisting of members from the hotels, hospitality industry, Chamber President, an outside member and of course the City of Eagan. In return, we are asking for a seat on the Chamber Board. There will be a separate checking account from the Chambers operating fund. The Chamber Board will have to approve our annual budget and program of work as will the Eagan City Council. The audit of the CVB will be its own responsibility. Finally, it is our estimation, based on the last 12 months figures, that the CVB would generate (conservatively) between $225, 000. and $240, 000. This would mean that the 5% administration fee that the City of Eagan would collect would be about $12, 000. Our research shows that the cost to administer the program should not be more than approximately $2 , 000 - $3 ,000. leaving the City an excess of $9, 000.- $10, 000. We want to thank the commission for endorsing the CVB concept to the City Council. Please stress to the council that their vote to authorize staff, the City and the Chamber to draw up agreements between the Chamber, CVB and the City Attorney is only the first step, once agreement is made on all documents (with the City Attorney's blessing) We would then go to the Chamber Board for final approval, then back to the Eagan Economic Development Commission for their input and approval, then back to the City Council for final deliberation. We want to emphasize that we, the hotels and the hospitality industry, are now at a competitive disadvantage. The Burnsville CVB has an aggressive marketing structure in place and the "Strip" hotels have had a CVB for years. Tourist are literally bypassing Eagan because there is no market name recognition. will.— One final note, our research as mentioned above, includes several CVBs (of all sizes) , Cities, Chambers of Commerce, the Motel Industry of Minnesota, the Hotel/Motel Industry of Minnesota, The Department of Trade and Economic Development of Minnesota and some of the people who actually helped craft the legislation allowing the 3% tax. I hope this clarifies some of the issues. We believe we cannot proceed at this point without the City's input. If I, or any other Hoteliers, can be of any assistance, please contact me. Sinc e 6 .---3 244.''''''....."" Tim Dunn, General Manager Yankee Square Inn. 6 !)