Loading...
05/18/1999 - City Council Regular 1 AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MAY 18,1999 6:30 P.M. I. ROLL CALL&PLEDGE OF ALLEGIANCE II. ADOPT AGENDA&APPROVAL OF MINUTES(BLUE) III. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS(BLUE) A. Northview Park Road extension/United Methodist Church V. CONSENT AGENDA(PINK) 0 A. PERSONNEL ITEMS I Y B. APPROVE resolution of support MAC Noise Ordinance ` C. IMPLEMENTATION,Comprehensive Guide Plan Amendment/Rezoning,implementation of a D-I,Single Family Residential Land Use Guide Plan designation and a Planned Development (PD)zoning designation upon 4.0 acres of excess T.H 77 right-of-way located south of Cliff Road and west of Nicols Road in the NW 1/4 of Section 31 pZ d D. FINAL SUBDIVISION(Kwik Trip Eagan Addition)Kwik Trip,Inc. �� E. FINAL SUBDIVISION(Southern Lakes West)Springbrook Corporation r/ a F. CONFIRMATION of Findings of Fact,Conclusions&Resolution of Denial,Vision Technologies n42 G. PROJECT 778,authorize funding application(Hwy 149-Street Imprcvements) 3 H. PROJECT 99-E,approve resolution,Turnback of T.H.55 Right-of-Way(Oakview Center) I. CONTRACT 99-06,receive bids/award contract(Duckwood Estates&Trail) 3 J. PROJECT 709R,approve resolution,layout approval(T.H.13 Upgrade) y�3 K. RECEIVE petition/order public hearing,easement vacation,Advent United Methodist Church tf L. RECEIVE petition/order public hearing,easement vacation,Preusse 2nd Addition M. CONTRACT 98-17,approve Change Order No.1,(Country Home Heights) i/ N. FINAL SUBDIVISION(Townplace Suites Addition)CSM Corporation O. FINAL PLAT,(Starks Addition)Gary Starks / 3-1 P. CHANGE ORDER No.6,Cascade Bay 5"3 Q. FINAL SUBDIVISION(Pinetree Forest 4th Addition)Lundgren Bros. VI. 7:00-PUBLIC HEARINGS(SALMON) �S_rA. VARIANCES-The Adkins Association Inc.for U.S.West,for 1)42%building coverage which exceeds the 35%maximum;2)to provide six parking stalls compared to the required 27 stalls; and 3)to reduce the parking lot setback adjacent to a public street from 20 feet to zero �S�713. VARIANCE-James and Debra Burns,a 2 percent variance to the maximum 20 percent lot coverage requirement applied to Lot 10,Block 1,Pinetree Forest located in the SE 1/4 of Section 26 C. PROJECT 7178,final assessment hearing,(Country Home Heights-Street Improvements) VII. NEW BUSINESS(TAN) A. PRELIMINARY SUBDIVISION,Duke Realty Investments(Apollo Business Park),of approximately 20.5 acres consisting of two lots and one outlot and a VARIANCE to create parcels without public street frontage and for a zero side yard pavement setback,located south of Apollo Road in the N 1/2 of Section 11 VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE(GREY) IX. ADMINISTRATIVE AGENDA(GREEN) X. VISITORS TO BE HEARD(for those persons not on agenda) XI. ADJOURNMENT XII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities,facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,marital status,sexual orientation,or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received,the City of Eagan will attempt to provide such aid. Updated 5/13/99-12:00 p.m. S�r MEMO - city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 14, 1999 SUBJECT: AGENDA INFORMATION FOR MAY 18, 1999 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the May 18, 1999 City Council agenda, the minutes of the May 4, 1999 regular City Council meeting and the minutes of the April 26, 1999 special City Council meeting, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS A. NORTHVIEW PARK ROAD EXTENSION/UNITED METHODIST CHURCH ACTION TO BE CONSIDERED: To approve the extension of Northview Park Road to the west of Lexington Avenue into Patrick Eagan Park and to approve an agreement for a shared parking lot with Advent United Methodist Church. ATTACHMENTS: • Staff memo enclosed on pages 0- through . ;. yam,_ MEMO - city of eagan TO: TOM HEDGES,CITY ADMINISTRATOR FROM: KEN VRAA,DIRECTOR OF PARKS AND RECREATION DATE: MAY 13,1999 SUBJECT: NORTHVIEW PARK ROAD ACCESS AND SHARED PARKING ISSUE: The issue before the City Council is to approve/disapprove the extension of Northview Park Road to the west of Lexington Avenue into Patrick Eagan Park and an agreement for a shared parking lot with Advent United Methodist Church. BACKGROUND: In anticipation of plans for expansion of the church,the City received a request from Advent United Methodist Church at the June 1998 Park Commission meeting for a shared driveway and parking at Patrick Eagan Park(letter attached). At the suggestion of City staff,the church notified adjacent property owners of their intention to expand and held a neighborhood meeting on Thursday, August 6. This item was also referred to the Acquisition/Development Subcommittee,which met on Monday, August 10 and has appeared at two Park Commission meetings and a workshop since the beginning of this year. This item also appeared at an earlier City Council workshop with direction given to hold another neighborhood meeting to illustrate a shared parking lot. This meeting occurred on March 8, 1999. Currently the church has 104 parking spaces and needs 24 more to meet code. The proposed parking lot would contain 55 spaces. A total of 159 parking spaces would then be shared through this proposal. This is less then the original proposal when the church had a larger church building proposed. HISTORIC PERSPECTIVE: At the time Advent United Methodist Church was built,Joe and Lillian McCarthy owned the property south of the church across from Northview Park Road.It was understood that at a firture time,a modified access to the church would be desirable. Since that time,the City has acquired the McCarthy property as part of Patrick Eagan Park. Construction and safety concerns have prompted the decision to act decisively. EXISTING CONDITIONS: A portion of the former McCarthy property is currently being used as a tree nursery. The proposed extension of Northview Park Road and shared parking lot will affect the north half of that nursery.Trees will be relocated within the park where feasible and options for an alternate site will be explored. The McCarthy house is currently being used for art classes and by the church.This proposal will have no immediate impact on this use. DESIGN ALTERNATIVES: As part ofthe review process,the Commission looked at three basic options associated with this request. ■ Option A Provides driveway access connection with Lexington Avenue and curb radius for firture expansion.This option would provide minimal construction and disturbance. Construction limits are defined by the amount of grading to meet expected grades.To accomplish this,a limited portion of the tree nursery will need to be relocated.The project cost for Option A is$30,000. The advantage of this approach is its relatively low cost.It would improve traffic safety for the church, for vehicles on Lexington Avenue,and is consistent with the long held perspective that this location will be the ultimate public access for the park. However,it would mean that a"shared parking option" would not be achievable since the church's need for additional parking would than occur completely on the church site. This would require the loss of green space on the west side ofthe church property,which the neighbors have strongly expressed a desire to maintain. ■ Option B Extends the alignment ofthe road through the park to the west and allows for connection to the western edge ofthe church parking. The advantage of this approach is that it provides for better traffic flow from the church parking lot. The only immediate benefit to the park is if park users were to use the church parking until the City developed its own parking facility within the park. Another advantage of building this now is that there would be a cost savings as opposed to phased construction and the installation of storm sewer pipe, should that be required. The probable additional cost to construct this would be$100,000. (Assuming storm sewer pipe installation) ■ Option C Provides all ofthe aboveesus provides parking for approximately 55 vehicles,all on City property to be shared with the church. A shared parking lot with the church would seem to provide enough parking for firture park needs,given that the church has 104 spaces.This alignment also allows for additional parking expansion to the south on park land with a second parking bay,should that ever be required, potentially adding another 55 stalls. The advantage of constructing all of this at this time is that it is cheaper than phased construction,allows for shared parking(and consequently less asphalt for both sites),and residential impact to the neighborhood on the west is minimized. The disadvantage of constructing all of this at this time is that it commits the City to a design that keeps the parking at this location. However,this is the most logical location for a parking lot and is consistent with the rational for acquisition the McCarthy property. Although a Master Plan for Patrick Eagan Park has not been done,Parks staff is confident this is the best location for a parking lot to serve firture park needs.The following are some criteria in that decision making process. 1. Vehicular access at Northview Park Road and Lexington Avenue will enhance safety for those entering Patrick Eagan Park and United Methodist Church. 2. The County would like to have the City close the existing park entrance road at some point in the firture;potentially tied to the park's firll development plan,or sooner. 3 3. No other vehicular access point offers as much space,shared parking potential or room for expansion. 4. Other locations would be more difficult for the public to find and could be more difficult for police to supervise. 5. By constructing 55 spaces and an access road,Patrick Eagan Park gets the use of an additional 104 spaces at the Church. 6. Underground utilities are relatively easy to access resulting in a lower installation cost along Lexington Avenue. PROPOSED DESIGN ELEMENTS: C.J. Lilly,Parks Planner,prepared a concept plan and cost estimate.The cost to develop this plan is estimated in the$175,000 to$200,000 range,and includes the following elements. 1. Relocate select nursery trees 2. Storm water detention pond 3. Erosion control 4. Catch basins&storm sewer 5. Concrete curb&gutter 6. Bituminous parking lot paving 7. Parking lot lights(2) 8. Pedestrian trails 9. Turf establishment 10. Landscaping The cost to develop the parking lot does not include engineering and an estimate for soil correction or quantity of fill required. Soil borings with cut and fill calculations will be needed to estimate those costs. LANDSCAPE AESTHETICS: The design includes a low landscape berm between the Church parking lot and the proposed new parking lot. This will provide space to separate and soften the expanse of asphalt. Additional perimeter landscaping will also enhance views from Lexington Avenue. COST SHARING The church has offered to share the cost of some of the parking construction(see attached letter).The offer is for$25,000 of the cost and a willingness to share in the cost of storm water control,once that is a known. COMMISSION RECOMMENDATION The Advisory Parks Commission recommended at its April 19 meeting that Option C be incorporated with a shared parking agreement. RELATED ISSUES The Church has secured a contractor to begin construction beginning in June and has petitioned the City to install a new sanitary sewer line to serve the project and to review storm water needs.This project would be assessed to Advent United Methodist Church who are in agreement with the assessment and is scheduled on the May 18 City Council agenda under Department Head Business. BRUCE A. MAUS 1586 Sherwood Court Eagan, MN 55122 Horne Phone: (612) 452-3164 ap May 29, 1998 Advisory Parks Commission 3830 Not Knob Road Eagan Minnesota 55122-1897 Advisory Parks Commission: This is a request to be added to the Agenda of the next Advisory Commission meeting on Monday, June 15, to discuss shared parking between Advent United Methodist Church, located at 3945 Lexington Avenue South and the City of Eagan, and to review our preliminary design. Advent United Methodist Church is a steadily growing congregation whose continued expansion is anticipated well into the future. We are currently in the Design Development phase of a new 500-seat Sanctuary building project. Additional parking is needed to accommodate this growth,and while we are able to meet these parking requirements entirely on our own site, we see mutual benefit in sharing parking. Therefore, we propose building a portion of our parking on the adjacent property owned by the City of Eagan to serve both Patrick Eagan Park and Advent Unitcd Methodist Church. We believe there are significant benefits from this shared parking concept. The most important benefi is safety. This plan allows the access off Lexington Avenue to be relocated. The new entrance would be located to the south on City property directly across from Northview Park Drive,where there is a It turn lane available. Our plan also provides adequate circulation which makes access into and out of th 'shared parking both safe and efficient. Finally, this plan allows for more green space on both properties than would be available if each owner built a separate parking facility. If accepted, we hope to move ahead promptly with this plan. Our goal is to begin Construction° Documents this fall (1998)and to begin construction in the spring of 1999. We also want to discuss the financial and logistical aspects of this project to best meet the needs of boll parties. Advent United Methodist Church will abandon the existing entrance off Lexington Avenue once the City of Eagan has completed construction of the new entrance. At this point, we will both be ready to proceed with the construction of the new shared parking. Exactly how this will finally be realized still needs to be reviewed. We look forward to discussing this with you further at the lune 15, 1998 meeting. Thank yo so much for your attention to this matter. Sind y i� 1f� Bruc Maus Buil ing Committee Chairman cc: Torn Egan.Mayor,City of Fagan Tom Hedges.City Administrator,City of Eagan Russ Matthys,City Engineer,City of Eagan Attachments: Reduced site plan-not to scale dk • S i �-�-moi - �. -r-,r- - •�.y �� ' �• '©���� 'a� 1- --- ' INN!111 1 PNM 11 ; I•fl ' O ��` O �: 1 Sr C. r I` � l 1 01 111A1.m mar r �s 1 , ----1- J file I ©>a-o� cwt Mi=w �1MM6L ti 1 W i'•r �'! `v.+' � Lam. �� !� r, Z I , IIau I L ID Lu io ° 'E.j ..� O 'r „o•.. ' NORTMVIEN' PAt;K OA nMa rerD ' i .—to Haas . I I II I . I 00 1 I PIOUK ' 1 � � ' 1 I r 1 1 1 1 1 OR1451NAL PLAN MAY 199 8 I I I 1 I I r i 6 r. s � Z s uj u � m t = 16V i A � > a 0 z _-f - -! 6 r cis CL v r - i i Y s 9 o 96 z a IQ a• J Q -� 4 l I • �l ir wj 1 ; V V ;ti t ! 1 f I r z I J C 1 f S W V4 A i • �° s W J 6 _ 1 { i - 9 SPECIAL MEETINt OF THE EAG i CITY COUNCIL EA!!�AN, MINNESp•TA A Joint Special City Council meeting was held with the Inver Grove Heights City Council on Monday,April 26, 1999,at 5:30 p.m.,at the Inver Grove Heights Veterans Memorial Community Center. Present for theC. f *y br Awada and City Councilmembers Bakken, Blomquist, Carlson and MaSfii'"ftepr tifttig tti$ ..y of Inver Grove Heights was their Mayor Joe Atkins and City Councilmembers 1&iii, PiekaN:*3c#-Krech, Schmidt and Tourville. Also present were Eagan's City AdministratiQo:.4edges auW.R. ublic Works Director Colbert,and for the City of Inver Grove Heights City Adttixitlator Jjfit? illis, Public Works Director Gary Johnson and Planner Bill Turnblad The purpose of the meeting was to discuss common issues to the corporate boundaries of both Eagan and Inver Grove Heights. JOINT EAGAN/INVER GROVE HEIGHTS MEETING Mayor Atkins welcomed evet meeting. He started by discussing the Inver Grove Heights ComprehensiveGuide pI tr:sj$tf i Al}at there are many two and one-half acre lots in southwest Inver Grove Heights ancoyould be id-to.-Anticipate sewer and water extensions in the area of their city. There were geneisCtsSSio atit common issues to both communities relative to the extension fl.:... Questions were raised rega>~cling airport noise and Inver Grove Heights stated that there are some homes on the western side under the airport flight pattern that have received additional insulation for noise attenuation. ,. There was considerable dispinsickR•Fe ?'d?t�t!q.p;Qposed Yankee Doodle Road extension and, after reviewing sevai#3t4 ;#lie vire a general consensus by the Eagan City Council that alignment 1B is favored duet©.the housing opportunities that could be constructed on the north side of the alignment.l#i ing th�#hr Oaks Addition. After further discussion between both cities,there was Bend f:consen&'that some combination of the west half of 1B in Eagan and the east one-half of aNdiiative 7 i ever Grove Heights would be an ideal plan. Mayor Atkins stated that the Southern Lakes neighborhood park has raised many concerns with the neighbors stating there is no off-street parking and the park is not desirable for any organized games. It was noted that this park is identd in the agreement between the City of Inver Grove Heights and Eagan to be used by the Eag .*thletic Association for organized practices and games as a part of th� A, ; rogr, n .,F, n.City Councilmember Carlson stated that there is no need to retain this rigiltte purpose of holding practices or ..r:•:::.. . .•.:•: games for the Eagan Athletic Association. Thele appeared to be a consensus by the Eagan City Council that the City of Eagan give consideration to reri'yiJrng this issue from the jgint agreement.- Mayor Awada stated that the City of Eagan will follow dough with the appropriate review and provide a formal response to the City of Inver Grove Heights. Special City Council Meeting Minutes April 26, 1999 Page 2 After further discussion, Citjpuncilmembers oth communities agreed that the meeting was extremely beneficial. OTRft-W§iNtSS There being no other further business,the meeting was adjourned at approximately 7:00 p.m. : TLH Date City Administrator MINUTES OF A REGULAR MEETING OF THE May 4,1999 A regular meeting of the Eagan(*.Council was hef :•t Tuesday,May 4,1999 at 6:30 p.m.at the Eagan Municipal Center. Present were M '":7��iia;3Rckuaicilmembers'Masin,Blomquisf,'Carlson and Bakken. Also present were City Admuii x;"f t : Kes,Senior Planner Mike Ridley,Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. AGENDA Mayor Awada noted that Item Bi4bk-%E jj�*S,'r'RAftK Use Permit-Wayzata Bay Center,had been withdrawn at the applicant's requ.817 Councilmember Masin moved,Councilmewi&r BakkW. econded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF"f' •APRIL 6; J9'SPECIAL MEETING Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF'1: ;APRIL 20,1999 REGULAR MEETING Mayor Awada requested that the firsf§eaiireefl tje fourth paragraph on page 8 under the Ordinance Amendment to Chapter 6,Decreas g the NiiiiiEiL5r.of,Hauler Licenses,be revised as follows, "Mayer-Awada Councilmember Carlson statedA.' t she ztugl..W*against this item because she does not believe in the philosophy of government con4ig:#� t 'S'." Councilmember Blomquist moi—ild;" ouncilmember Bakken seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS Councilmember Blomquist stat gi ifW:pf ft I' tory Committee had requested that the rental income from the next antenna lease 'cl- esWb fU:8.-&Iistory Committee. She noted that the History Committee unanimously agreed with this bequest. City:Administrator Hedges mentioned that rental income from one antenna is currently bein&.1:;kvided 1�:jiolz Farm. He added that the History Committee would be required to submit a budget;:'ibuncilm;ijRber Masin said she would prefer funds be allocated from the General Fund to the History Coriiihittee ai' eded. Mayor Awada concurred. Councilmember Blomquist noted that the committee will be receiving funds from the sale of the Lone Oak Years history book and will be preparing a budget. She commented on the costs associated with conducting interviews of long-time Eagan residents. City Administrator Hedges suggested that the History Committee present expenditure requests when the budget is presented and the Council could make a determination regarding the designation of General itCcd dollars. .;�A�kSF1�AGF�J�1A Councilmember Bakken moved,Touiic'ilirie'iiilier Uil.'son seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 . Councilmember Masin requested items C and F be separated. Councilmember Blomquist requested Items C and H be separated. Councilmember Bakken and Councilmember Carlson agreed to amend their motion to separate Items C,F and H from the Consent Agenda. EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE A. Personnel Items Item 1. It was recommended to approve ttie:,#�3ii?g©f:#eE€:i1 as the Superintendent of Recreation. Item 2. It was recommended to approve the hiring of a person to be recommended as the Water Resources Coordinator. Item 3. It was recommended to approve tk14 p.gfer from the Utilities Maintenance Division to the Streets Maintenance Division for Bill We;} 'j:; :;;;:; X. Item 4. It was recommended to approve the hiring'iYflisa Det l g as a temporary part-time Criminal Systems Analyst for the Drug Task Force. Item 5. It was recommended to approv ;iyd o 'fGt Sowers as the seasonal tree inspector. Item 6. It was recommended to approve the hiring of Darren Neuman as a seasonal forestry technician. Item 7. It was recommended to approve the hiring of Bill Sawyer as a seasonal horticultural specialist. Item 8. It was recommended to approvdi tQ.Aring of Stacy Lynn Showalter as a part-time seasonal skating instructor for the civic arena. Item 9. It was recommended to approve the*ng of Chris Pi# 'scow and Nick Scharffbilig as seasonal ballfield attendants. Item 10. It was recommended to approy .fico fig of Barbara Wiggin as a seasonal park attendant. Item 11. It was recommended to approve the hiring of Michael Mason,Jennifer Rasmussen and Jon Beecher as part-time seasonal concession workers for the stands at athletic fields. Item 12. It was recommended to approve the bu' Af CQxx Knaffla,Drews Alexis,Lynn Streefland, Nova Butor,Jake VanPutten and Adam: eC3itiri:as BSoril; jc maintenance workers. Item 13. It was recommended to approve the f Nanc}! wizdala as a temporary part-time clerical technician for Community Development. Item 14. It was recommended to approve the hiring of Aarortd:hnter as the seasonal concessions manager for Cascade Bay. Item 15. It was recommended to approve the hiring of Kristopher Scheurer as the seasonal guest services manager for Cascade Bay. Item 16. It was recommended to approve the hiring of Anne4&sh as a seasonal lifeguard shift leader for Cascade Bay. ........ ........ ....... Item 17. It was recommended to approve the hiring of Kim QNm and Kristin Rogers as seasonal guest relations shift leaders for Cascade Bay. Item 18. It was recommended to approve the hiring of Patrick Budion and Joshua Austad as seasonal concessions shift leaders for Cascade Bay. Item 19. It was recommended to approve the hiring of Amelia Bardis,Marina Axelrod,Brandon Mason, Stephen Piehl,Elizabeth Rowley and Clayton Shull as seasonal guest service workers for Cascade Bay. EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE Item 20. It was recommended to approv*;tie hiring of Scott Fiftickson,Ryan Darwitz,Jonathan Durson,Joseph Pontrelli and Rob RousseWas seasonal mainWAance workers for Cascade Bay. Item 21. It was recommended to approve tli3; •caf: {s€a 3iVhitney,Emily Brown,Elizabeth Butler, Kristi Guenther,Mari Jo Walters,Irene WheelzY;: i2ti2y,Andrew Elrema and Grant Mestnik as seasonal lifeguards for Cascade Bay. Item 22. It was recommended to approve the hiring of Kelly Becker,Steve Byrnes,Kristin Fjelstad,Ryan Hartley,Matthew Koppi,Chrystal StevemgQfi,.F,4isa Swenson,Kari Brenberg,Susan Rusche and Victoria Daulton as seasonal concession workers Item 23. It was recommended to approve the hiririg&Melissaf-ionelh as a seasonal substitute lifeguard for Cascade Bay. +; Item 24. It was recommended to appro j{tib i1g 6pp;,1 Mathiason as a seasonal part-time preschool program substitute. ' Item 25. It was recommended to approve the hiring of Shannon Haugh,Christie Mason and Meghan Doherty as seasonal part-time recreation leaders. Item 26. It was recommended to accept t.WeIEUAr of resignation from Engineering Technician Craig Knudsen. B. Consider Airport Relations Commission letter reasser '.4�Qan's corridor commitment It was recommended to approve the recommendation froom.t�:E3g�w*?�iirport Relations Commission reaffirming the City's commitment to the pi.:�Tei#t�ii2A 1-#eights Corridor as an effective noise mitigation strate and authorize a lett" . strategy, �s•���e'serit to interested parties stating that commitment. C. APrC Recommendation,shared parking United Methodist Church&Ci, of Eagan This item was pulled from the Consent Agenda. D. On-Sale liquor license name change from DF S, .Qperating Company to Don Pablo's Operating Corp It was recommended to approve a namg:G �eAi._.:Arc-sa#e33ft1t it license holder DF&R Operating Company to Don Pablo's Operating Corp. E. Final Plat,Transport 21 Inc. Seven Eight Nine;*ahition fi*.:teas recommended to approve a Final Plat (789 Addition)that will replat three individual pa;ce of landed a portion of a vacated segment of Apollo Road into a single 1.9 acre lot located north of Apollo#k d and west of the Canadian Pacific rail line in the NE 1/4 of Section 11. F. Proclamation.observing Pause for the Pledge of Allegiance on June 14 at 6:0012.m. This item was pulled from the Consent Agenda. G. Project 770,receive feasibility report/schedule public head _(Denmark Avenue Extension-Street and Utility Improvements). It was recd 2t is Bi to:t� v�Ybp:draft feasibility report for Project 770, (Denmark Avenue-Street and Utility EittBStigcjil :h public hearing to be held on June 1, 1999. H. Conttact 99-02,receive bids/award contract(MeadowlaMIAZidge View Surrey Heights-Street Overlay). This item was pulled from the Consent Agenda. 1. Project 766,receive feasibility report/schedule public hearing(Wescott Rd and Lexington Ave - Signalization). It was recommended to receive the draft feasibility report for Project 766,(Wescott Road and Lexington Avenue-Signalization)and schedule a public hearing to be held on June 1,1999. EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE J. Project 668,Traffic Control Signal Agreftent(Lone Oak Roaz�:�Street&Utility Improvements). It was recommended to approve Traffic Control•F�,Val Agreement No:78449R(Lone Oak Road&TH 55)with Dakota County and the Minnesota Departgie�At of TransportkQit and authorize the Mayor and City Clerk to execute all related documents. K. Easement Vacation,Lot 6&3,Block 1,Great Oaks Addition. It was recommended to receive a petition to vacate a drainage and utility easement over parts of Lots 3&6,Block 1,Great Oaks Addition, and schedule a public hearing to be held on June 1,1999. parated from the consent agenda. Mayor Awada acknowledged thsQ In regard to Item C,APrC Recommendatiori;'s$aredyaAang United Methodist Church&City of Eagan,Councilmember Masin questioned the nunfts of park]Is being requested by the church. Director of Parks and Recreation Vraa cl4rifiq4,: ,�ft chur4:41y needs 24 stalls but an additional 31 stalls are being proposed to serve Patrick:£atat#; ark::;t�titr`1piember Masin said that,since there is no master plan for Patrick Eagan Park at this time,she prefdrn-4 to only approve the 24 stalls needed for the church and to defer action regarding the request for the additional 31 stalls. Vraa indicated that the prevailing position of the APrC was that the park could easily be designed around the driveway and parking lot which are proposed to be constructed in an efficient location. Councilmember Masin moved,Ckui1,glmember Blomquist seconded a motion to approve the extension of Northview Park Road into Pitik-k gan-Park and the request by United Methodist Church to construct a parking lot containing 24 stalls,defeii ft Qn the shared parking request to allow an additional 31 parking stalls. Councilmember Carlson asked if tbj,-, to 7s i]itkf'Ii2 continued to a work session. Director of Parks and Recreation Vraa stated that it? s;� ritical for the Council to take action this evening,but added that the church was looking for direction indicating if they were proceeding in the right direction regarding a shared parking agreement with the City. Councilmember Masin stated that she was willing to continue this item to a work session since she is concerned about the lack of a masl�!T,.plan for.Patrick EaZan Park. Councilmember Blomquist expressed concern about the lack of infoF3i# '1jtV-* :::::: Councilmember Masin rescinded her previtWs motto*;;Councilmember Blomquist agreed to rescind the motion. Councilmember Masin moved,Mayor Awad;seconcWt motion to continue the extension of Northview Park Road into Patrick Eagan Park and a shared parking lot with United Methodist Church to a future Special City Council meeting. Aye: 5 Nay: 0 In regard to Item F,Proclamation observing,Pause for the Pledge of Allegiance on lune 14 at 6:00 p.m.,Councilmember Masin moved,Councilmember BakkerL• *conded a motion to proclaim June 14, 1999 at 6:00 p.m. to be a time to"Pause for the Pledge of Allegi*ftce" in the City of Eagan. Councilmember Masin asked if:j £fied plans to observe this occasion. City Administrator Hedges indicated that no plans had been made. Councilmember Masin suggested inviting a Barber Shop Quartet or a local boyscout or girlscout troop W:-articipate in acknowledging this event' A vote was taken on the motion. Aye: 5 Nay: 0 In regard to Item H,Contract 99-02,redeive bids/award contract(Meadowland,Ridge View, Surrey eights-Street Overlay),Councilmember Bakken moved,Councilmember Carlson seconded a motion to receive the bids for Contract 99-02(Meadowland,Ridge View,Surrey Heights-Street Overlay),award the contract to Valley Paving for the Base Bid in the amount of$319,103 and authorize the Mayor and City Clerk to execute all related documents. EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE Councilmember Blomquist stated:&at she was concerned that the Council continues to move forward amid so much controversy surroii} j�, the City's st'assessment policy. Councilmember Masin said she thought there would have $ !?fic►i�tebdjto�t regarding how the Council is going to fund street overlay and reconstruction projecf5%%-..:;:;:::: A vote was taken on the motion. Aye: 3 Nay: 1 (Councilmember Blomquist opposed and Councilmember Masin abstained) SELECTION OF JIM BRI IVIE'YER&X-SNOCIATES AND PERSONNEL DECISION$;ANC.FOR;IAIVCRUITMENT OF CH I Qf. #tkE PQ�WON City Administrator Hedges provided an overview--'-'on this item. Councilmember Masin moved,Councilmember Blomquist seconded a motion to provide direction to the City Administrator to proceed with retaining the services of the Brimeyer Group,PDI and Macalaster to assist in various phases of.the Chief of Police recruitment process. Aye: 5 Nay: 0 SCHEDULE SPECIAL WORKSHCiP:0 { CQ#SiSilA$ STREET RECONSTRUCTION POLICY City Administrator Hedges provided*: overview q item. Councilmember Blomquist movgd; oiithliier Masin seconded a motion to continue this item to the Council goal session on May: Councilmember Carlson suggested discussing this matter earlier than the May 25 work session, possibly at the May 6 work session. After further discussion,it was decided to schedule discussion for the May 25 work session. Councilmember Masin suggested that the City's appraisers be present to explain the process used in calculating tiemnunt;pf benefit to;a property. She also suggested that information be obtained from the RealEft ? fi ►g the effect of inclusion of roads in appraisals. Councilmember Blomquist said that each a .$e Co u iitdmembers should be presented with a copy of the assessment policy and a copy of the mj6&s contd�i*g the original action adopting the policy. .... Councilmember Blomquist rescinded her previous motion. Councilmember Masin agreed to rescind the motion. Mayor Awada moved,Councilmember Carlson sec ogt d a motion to schedule a Special City Council meeting for May 18,1999 at 4:30 p.m.to consider the Si'eet reconstruction policy. Aye: 5 Nay: 0 Mayor Awada moved,CouncilMi 4ii sei$ztkk—Skimmed a motion to change the start time of the Special City Council meeting on May 6,1999 from 5:30 p.m.10.430 p.m. Aye: 5 Nay: 0 Y2K STANDING COMMITTEE UPDATE Al WRI ECOMMENDATION FOR ADDITIONAL STAFF AUTHORIZATION City Administrator Hedges provided an overview an on this item. Councilmember Blomquist moved,Councilmember Carlson seconded a motion to receive the report of the Y2k Standing Committee and approve the additional staffing recommendation of the Y2k Standing Committee. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE OA"..ROOKE SUBDIVISION City Administrator Hedges provid•W; ; item. Councilmember Bakken moved,Councilmember Blomquist seconded a motion to approve the corrective plat for the Oakbrooke Subdivision. Aye: 5 Nay: 0 CASCAAE BAY PLAgUE City Administrator Hedges provided ani o*j6afef3 bn item. Mayor Awada moved,Councilmember Ba gn secon&a a motion to approve design Option A for Cascade Bay. Councilmember Masin said she preferred desigiri`(C fi* i B. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Masin opposed) DEPARTMENT HEAD BUSINESS YOUTH S` 3i 'TF,EN PRESENTATION Katie Tilley and Maya Babu,students: t;Eagan Highctaool,presented a report on the Youth Summit that was held on April 9. #: C'HEARINGS CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges provided an overview on this item. Councilmember Bakken movedktCtaf35k6 seconded a motion to approve certification of delinquent utility accoun to•DakoEa' -ch j�'forcollection with property taxes. Mayor Awada opened the public hearing 0lryone w�g to speak. There being no one,she close the public hearing and turned the discussion.* to thk.'"' ': ncil. X. A vote was taken on the motion. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED AND FALSE ALARM BILLS City Administrator Hedges provided an overview ort' is item. Councilmember Bakken moved��.q#jaS ktem w-fto ist seconded a motion to approve the final assessment roll for delinquent false; # ;t3Swe its certification to Dakota County. Mayor Awada opened the public hearing to anyone*w**i}ling to speak. There being no one,shd closed the public hearing and turned the discussion back to O.Council. Councilmember Blomquist suggested that efforts be undertaken to educate the public about the burden placed on the Police Department in regard to false alarm calls. Police Chief Geagan stated that the City's growth has contributed to the number of false alarms and added that there are some measures that can and are being taken to reduce the number of false alarm calls. Councilmember Blomquist requested that information be presented to the Council identifying what measures are being used to determine criteria for false alarms. EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE 7 A vote was taken on the motion.:.* ye: 5 Nay: 0 CONSIDER INTEXtN* Fl l' '(MORATORIUM) CEDAR AVENL�I ### Ai`'13 STUDY AREA City Administrator Hedges provided an overview on this item. He mentioned that he received a call from a property owner who indicated that he had not received any information regarding the study and the moratorium prior to this public hearig&notice. He explained the reason this person had not received any previous information was WU***8 : : Qz ,:diad recently expanded the study area to encompass the area west of the Cedar/Highway j3:#�eKhdng r which effects this property owner. Councilmember Blomquist moved,Counci mber Ga3dson seconded a motion to approve the interim ordinance(moratorium)for the��d t nd#1'**6vay 13 Study Area. Mayor Awada opened the public hearing to anyblii wishing to speak. An attorney representing Gregory Pruesse,who owns property southwest of the Cedar Avenue/Highway 13 interchange,stated that Mr.Price was formally objecting to the inclusion of his property in the moratorium. He requested that the parcels Mr.Price owns be excluded from the moratorium. Rodger Slater stated that he has aletter'ol•' €i#.}or•';tlp-sale of his property and asked about the effect the moratorium will have on the sale. I# as ..J...,pzoperty is included in the moratorium and added that the potential owners of the prijpert dp.kld?ta1#fi to rezone the property. Senior Planner Ridley explained why the task force exten404:.t e:aAtl a and the moratorium to include the area west of Cedar. Mr.Slater asked if the morato};��ip :eoefa be extended at the end of six months. Mayor Awada stated that the City Council could extenei it,but added that the intent of the Council is to complete the study within the six-month timeframe. Councilmember Blomquist asked why the property west of Cedar Avenue was included. Senior Planner Ridley said that the idea was to.inclvde a11.Yj�kcant,undeveloped land in the area of the interchange within the study and mora{i�itri ;: Councilmember Masin expressed concern t the mdiff6ers of the task force appeared to be opposed to a moratorium. She added that she wovili ;vote in#air of the moratorium but with reservation. Assistant City Administrator Verbrugla stat the task force members were supportive of a moratorium that included certain stipulations;;:::;: Councilmember Blomquist said she would like to see an immediate decision made regarding the Slater property and added that this property may not need to be included in the moratorium. Councilmember Carlson questioned if the Council could delele individual properties. City Attorney Sheldon indicated that the ordinance could be amended to dA,li�fe certain properties as determined by Council. .. Betty Bassett,2101 Wuthering c%%tat };as a member of the task force,she did not feel that any properties should be excluded from the area K!:5ommended to be included by the task force. She said excluding one property would result in additi*&l requests by property owners to exclude their property. She added that this could result in failure to iii iplete a comprehensive study of the area. Mayor Awada and Councilmember Carlson concurred with Ms.Bassett's position. The attorney representing Mr.Price purchased his property prior to the expansion of the study area and noted that he had prepared a written objection. He requested the study area belimited to everything north of Highway 13. EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE There being no one else wishing#speak,Mayor Awai�a:tlosed the public hearing and turned the discussion back to the Council. Mayor Awada said she supporte d' • Litand added that the moratorium timeframe is of short duration. She added that there wreasons for including the properties to the west of Cedar Avenue. A vote was taken on the motion. Aye: 5 Nay: 0 PROJECT 765,ROR1?oV ;ANtr # ?1. IMPROVEMENTS) City Administrator Hedges provided an ot%iiew on item. City Engineer Matthys gave a staff report. Councilmember Bakken moved,;�i�t# ��iemk_�at�sErn seconded a motion to reject Project 765 (Robin Lane-Sidewalk Improvements).'' Mayor Awada opened the public hearing to anyone wishing to speak. Several residents spoke in opposition to the installation of a sidewalk. Reasons cited supporting denial were cost of the assessments to pht"tkies not in favor of a sidewalk,loss of trees,lack of need and aesthetics. Several other residents spoke in supp of the sitl'e�vallcxiting traffic concerns and pedestrian safety. There being no one else wishin�*tt)�11;'1Vlayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Blomquist asked why this request was before the Council when 35% of the affected property owners had not signecl•the petition. Director of Public Works Colbert explained that staff tries to encourage at least 35% of thQ Affected,pTgV fyty owners to sign a petition;however,he added that since this petition was signed by a # ta> t00'0iple it was brought forward for Council's consideration. He said that there is no policy'tfiat r gtht,sXtmtt'35% or more of the affected parties must sign a petition before it can be brought to the City totincil. H*:*rther said that state statutes require a 4/5's vote by the Council to approve a project if it 1yk;�been p&diloned for by less than 35% of the assessable properties. .... Councilmember Carlson suggested that the Council discuss,at a future work session, implementation of a policy that would only allow consideration of requests for certain projects if the majority of the property owners to be assessed are in favor of the improvements. Mayor Awada and Councilmember Blomquist concurred. A vote was taken on the motion. Aye: 5 Nay: 0 ... PROJECT6 ; lkSb .,"�,lKkTT HEARING (VALLEY VIEW PLATEAU-STREET&UTILITY IMPROVEMENTS) City Administrator Hedges provided an overview oi &item. Director of Public Works Colbert gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Nader Noorshokry,2840 Highway 13,requested an exemption to his pending assessment. Director of Public Works Colbert noted that the final assessment amount was lowered from the pending • EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE 9 + assessment amount. Mr.Noorshokry stc1 that he had not ped to subdivide his property,but said that was the only way he could pay for tkg,-assessment. Several residents objected totheir ase #e #�;st4gg:$iat the cost of the assessments was higher than the benefit received and the project was iiiS 't; Questions were raised about the low cost of assessments for street improvements to other neighborhoods in Eagan,the possibility of being assessed again in the future,the timeframe for submitting an objection and how assessments are calculated. Director of Public Works Colbert.ex ]aided the difference between lateral and trunk sewer charges. He stated that the trunk sewer tw", ,y a oe%BAt : la' a assessed to every property owner in ..... the City. He said that explains why the assessme•. nts fQ tlie'pii3ties in Valley View Plateau were higher than the assessments to other neighborhoods in Ea'gWft since tMe bkher property owners had already paid the trunk charge. City Attorney Sheldon explained#t}at assesWt pt amounts are based on a preliminary analysis that is conducted by an outside a Mike Sullivan,owner of Lot 1,Block 5,Valley Vi Plateau and Lot 1,Block 2,DeLosh Addition, inquired about the appropriateness of assessing the back lot for streets when it did not abut Bridgeview Avenue. Colbert explained that the assessment is based on where a lot takes its driveway access. Mr. Sullivan requested that his assessments for the back lot be deferred until the time of development. There being no one else wishingo:pea)C,Mayor Awada turned the discussion back to the Council. Councilmember Blomquist questionea-the value'f6%the.pfoperty owners and expressed concern about the high cost of the assessments. Mao w :.i iat the assessment amount for the street g y x:�?. atla;�ar�fi�• improvement was one of the lowest amount£r: fi I2 e':1> en levied in the City for similar projects. Councilmember Masin indicated that shQ; ariiiildW abstaining from voting on this item until the Council finishes their discussion regarding the Gs assessment policy. Councilmember Blomquist mentioned that 27 letters of opposition were received from property owners and the Council should listen totheir concerns. Mayor Awada said that the Council is concerned about their objections,but added that thg.Council b@Lp.not decided to make any changes to the street assessment policy and further said she# :";A:Z$r4 4.:.eY ei o t support for changing the policy in the future. :.. Mr.Noorshokry indicated that he was wing to pay* ;$00 per lot for each of his three lots. City Attorney Sheldon stated that he would be able to lj itt idrawhid application for a Preliminary Plat,but added that his property will still be assessed as three lot equii{.i;#@nts regardless of whether he subdivides or not. Director of Public Works Colbert explained that street improvement,utilities and services were installed to serve the three lots proposed under the former Hayes and current Nader Addition preliminary plats. Councilmember Carlson stated that Mr.Noorshokry is responsible for development- related costs,which include assessments. Further discussion occurred regarding deferral of assessments to Mr. Noorshokry's property. Director of Public Works Coliietexplained that a standard deferral agreement had been presented to the City Council previously U"i wever,Mr.Noorshokry was not agreeable to the terms. Councilmember Carlson moved,Councilmember Bakken seconded a motion to approve Project 663(Valley View Plateau-Street and Utility Improvement4o <1 authorize its certification to Dakota County for collection and authorize staff to execute an agree"Ot to defer the assessments to the second back lot owned by Mike Sullivan at the rates in effect at the time of development. Aye: 3 Nay: 1 (Councilmember Blomquist opposed and Councilmember Masin abstained) PROJECT 749,EAST TH 55 SOUTH FRONTAGE ROAD(STREET IMPROVEMENTS) Cont. City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE 10 Mayor Awada opened the public.ttearing to anyone wjAWg to speak. Larry Martin,representing Kwik re the northerly access to TH 149 opposite the frontage road and added that the south erly' tstis 'gfect the approved site plan. He further said that Kwik Trip is willing to accept the added condition of a cross easement for access to Dart and Starks as long as it is limited to just them. Gary Santoorjian,representing Dazt lcagW,pjpMssed,$upport for the Kwik Trip proposal and also the northerly access. ,. John Wills,3240 Dodd Road,expressed his''c'oncern with the proposed future median along TH 149 and the adverse impact on access to his busineg'A-le addect;€hat new development should pay for the impact they create. Jack Hoeschler,representing TIP,expressed his'support for allowing Advantage Lane to be kept open as a full intersection. After further discussion regarding the various limited access locations along TH 149, Councilmember Carlson moved,CouncilMember Bakken seconded a motion to approve Alternate No. 1 as it pertains to the locations of future and median breaks for TH 149. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) Discussion occurred regarding access*.the proposed;V1iindsor Estates development. Several residents spoke in favor of the cul-de-sac opticIA:on theta#eiid of the frontage road leaving access to TH 149. Concerns were expressed regarding safe•'':g m rti'ction of a roadway through private property, acquisition of property through condemM":`'whether road construction or development should occur first,loss of trees,the problems being created by the proposed Windsor Estates development,increased traffic flow,the need for a signal light at Chapel Lane and TH 149,and the excessive speed limit on Highway 55. There being no one else wishing."'.. ak:l�k? nx A,w.,44ia turned the discussion back to the Council. Councilmember Masin stated that the traffj*jdpncern d�:the future Windsor Estates needs to be addressed. Director of Public Works Colbert said tWstaff h4-* i:ied to take this concern into consideration by suggesting Alternate No.2 at the re Chab :;Lane intersection with Highway 55. He added that traffic volumes may generate the need for a traffic*15Wal. He further added that a traffic signal at Chapel Lane and TH 149 would require major roadway improvements prior to the upgrade of TH 149 planned for 2003. Councilmember Blomquist expressed concern that property owners may be assessed for the improvements to the south frontage road of Highway 55. DiieCjpr of Public Works Colbert stated that there will be some financial assistance by MnDOT,but add4'ffiat some assessments will be necessary. Councilmember Blomquist said that thea 'tam, 6;6*.4*.Msii*4:tlsovided to the Council regarding potential assessments. She added that thi.iWiiigf prtiar"e being done to service future development and the current residents already have access tp Wghway 55 and will receive no benefit as a result of the improvements. Colbert mentioned that the asse Tents were included in the feasibility report previously presented at the April 20 public hearing. Councilmember Blomquist moved,Councilmember Masin seconded a motion to deny Project 749 (Highway 55 South Frontage Road-Street Improvements). Councilmember Bakken stated that the median breaks will be closed regardless of the action taken by the Council. Mayor Awada said that if the Council denies this project they will be putting off a decision that will be made for them as a result of future development. She further said that the Council EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE it should make a choice and stated that sh4i*heves that full acco s to Highway 55 will be restricted or closed eventually. Councilmember Carl!50X:said the developeF:4f Windsor Estates should do the work involved in determining the appropriate access,to the Windom 4#evelopment. Director of Public Works Colbert noted that the developer is a eeatrj. ". ` p gr le•a ss:tppighway 55. Councilmember Masin said she would prefer the Windsor residents go tonto Highway 55 by way of Chapel Lane. Councilmember Blomquist expressed concern with the construction of a road between the residential properties to Chapel Lane. She added that she did not want to make a decision regarding this matter until after Windsor Estates makes a determination about their development plans. She further added that she did not think the Council could assess.p;q jw_pw}lers. of a road improvements. A vote was taken on the motion.•Aye: •? a3f•4'(Mattkt Awada and Councilmembers Bakken, Carlson and Masin opposed) Councilmember Carlson moved., e Aca.sect# ed a motion to approve Project 749(Hwy. 55 South Frontage Road-Street Improv&A*s:Mid Ala ii.4-No.l for the frontage road with construction of a cul-de-sac at the east end of Highway 55,%ut not allowing/providing access for Windsor Estates to the frontage road and authorize the preparation of detail plans/specs and the acquisition of rights-of-way through the condemnation quick take method. Aye: 5 Nay: 0 Councilmember Carlson moved,Councilmember Bakken seconded a motion to open and close the public hearing regarding the extensiz.4f. h4pel Lane through the Schaaf property. Aye: 5 Nay: 0 Mayor Awada stated that this issue cqula*t::aW* 1S*i;s'7#d-when the Windsor development is before the Council. Councilmember Carlson said shg yYas a pro o ►er{tfor the construction of this road. P• Mayor Awada recessed the City;�otrCcig at 10:35 p.m. The meeting reconvened at 10:45 p.m. OLD BUSINESS TREE CONTRACTOR LICENSE RENEWAL,OUTDOOR SPECIALTIES,560 LONE OAK ROAD City Administrator Hedges prc0VW4`-EiW8......%.....s item. Mayor Awada moved,Councilmember Madib second�.4 a motion to approve the tree contractor license renewal for Qutdoor Specialties as present&,!:: Councilmember Masin asked why the business licen3�should be considered as a separate matter from the drainage problems created as a result of this business. City Attorney Sheldon stated that licensing of businesses involves a registration process and added that there are no regulatory provisions contained in this process. Jill Wiedemann-West,600 Lone Oak Road,said it wide;ier intent at the last City Council meeting to simply bring this issue to the Council's attention but not t(k' hibit the renewal of the tree contractor license. She noted that the business owls jg ;tines. She added that some attempts have been made by the business owner to coiiicR: ii 32er. Councilmember Blomquist asked about the zoning ig*e property that the business is located on. Senior Planner Ridley stated that the property is zoned AgriC'tiifural and said that this type of business is a permitted use in this zoning district. Councilmember Carlson said that the Council needs to review the Agricultural zoning designation,which permits uses that are too intense for an R-1 area. Councilmember Bakken stated that it may be necessary to re-examine the licensing process to ensure business owners are not in violation of any City standards. A vote was taken on the motion. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE 12 ..... .... ..... . Councilmember Masin questione the ordinance coptains language prohibiting erosion to adjacent properties. City Attorney SheldoY}sk d he would c]>j...;.the language. Director of Public Works Colbert stated that most erosion control regcE�$:a=;;."ted by building permits,development agreements and other City Codes. He added{ :a;....'. �fltiir►or amount is allowed without any City controls. Ms.Wiedemann-West said that the drainage has occurred as a direct result of the need to use the back of the property for this business. Dispussi,onoccurred regarding the grade change that has occurred. Councilmember Carlson added that,if PI es that may affect drainage,there should be a backup plan to address similar issue's. :Thb mate! s scheduled for discussion at the upcoming goal setting work session. INTERIM USE PERMIT.-..Y1tA1. —A .R. .(V; �ENTER COMPANY DAKOTA COUNTY TECHNICAL C(} : ; `TIZ ? PARTMENT IN CEDARVALE MALL Councilmember Masin moved,Councilmember Bakken seconded a motion to acknowledge the withdrawal of an Interim Use Permit(IUP),by the applicant,to allow 6,100 square feet of the existing Cedarvale shopping center(located at 3914 Sibley Memorial Hwy.in the NE 1/4 of Section 19)to be converted to classroom space for the Dakota County Technical College customized training department. Aye: 5 Nay: 0 VARIANCE,VISOGIES,INC. . City Administrator Hedges provided oyervsscv:dit skis item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved;Ntayor Awada seconded a motion to deny a 30 foot Variance from the required 30 foot setback from a public street for an existing structure located at 3900 Sibley Memorial Highway in the northeast 1/4 of Section 19 and direct the preparation of findings of fact for consideration at the May 18,1999 City Council meeting. aCouncilmember Masin asked if;€ along Rahn Road. Senior Planner Ridley noted that there may not be enou*Ti'iiglit-o.-Vmy*to-WCcoinmodate a trail. Councilmember Masin asked for an explailkt$n of thii-r6sons for denial and said she believed it would be better to enclose the structure than to le :lt in its caitent state. Councilmember Carlson stated that the building is too close to Rahn Road and enclosi%*jg#ie existing drive-through area would only make the situation worse. She added that snow plowing efforts would be hindered since there would be no place for snow storage to occur. Mayor Awada said there was no hardship to warrant this variance. A vote was taken on the motion. Aye: 4 Nay: 1 (CQti}Kilmember Masin opposed) SUBDIVISION-KWIKTRIP,INC. City Administrator Hedges provided an overview orpi is item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Coundilmember Carlson seconded a motion to approve a Preliminary Subdivision(Kwik Trip Eagan Addition)to create one lot and two outlots on approximately 10 acres,located south of Stark's Cafe,abutting the west side of Highway 149 in the NW 1/4 of Section 12 subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES,MAY 4,1999 PAGE 13 General ,,, .•.. 1. The developer shall com }]�-:%vith these starj4,i4zonditions of plat approval as adopted by Council on February 3,1f3 $ ;:$ ;;13 ;C1,C2,C4,Dl,El 2. The property shall be platted. . 3. Outlot B shall be platted with the adjacent parcel containing Starks Cafe as a single lot,to be recorded simultaneousl�,k��it the Kwik:Tri�.Eagan plat. Parkina ...... . 4. Parking shall be provided in the aunt to minimum City Code standards and the develo er shall submit '' p additi if;i ixmaJ. s kcessary to demonstrate compliance with Code requirements prim �b4fS"roval. (Satisfied.) Landscaping 5. The preliminary landscape plan shall be revised to identify 14 Category B trees as tree mitigation,but the total,number of trees on the final landscape plan shall not be reduced from the amount show>:Ec;t'tyj;preliminary plan. 6. The landscape plan shall be revie a bo-gr Wcontinuous landscaping and berming along the full length of high ti.0 frontage o.proxide screening of vehicles and protect against headlight glare. Grading 7. Prior to any grading and prior to final subdivision approval,the applicant must submit documentation to the City establishing the applicant's rights to develop the portion of the property identified as"Interest of Jacob Schmidt Brewing Company. . . " along with the balance of the site. ... 8. The grading plan shall SW revisecl•to tbYtthltie'ffie berms along the full length of highway frontage for screening purposes. 9. Erosion control measures in accorif*ce with; standards shall be installed and maintained as part of this development. .... Water Quality 10. This development shall meet its water quality:p�itigation requirement entirely through the expansion of Pond EP-4. 11. The proposed ponding; cA k 40 Cs to meet the City of Eagan's Detention Basin Design Standard s�a }wid, �,;a Q�; i-wet volume of at least.26 acres and .8 acre-feet,respectively. Skimmers of suitable design to the City should be installed on the outlet of all detention basins. Streets/Access/Circulation 12. The"Borchert-Ingersoll"street along the south edge of the development shall be dedicated as a public street with appropriate right-of-way. This development shall construct a temporary cul-de-sac turnaround to city standards(with public easement)at the west end of the street improvements,to be removed at the time of future street extension to the west with the development of Outlot A. (Satisfied) EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE 14 13. Access to the developmeb'i:*hall not be allowe�l:anto Hwy.149,except in the location of X.the"Borchert-Ingersoll"rQii*-::;If acceptable �s consolidation onto Hwy. 149 involving Starks,Dart Transit and K xi y baieved and is acceptable to MN/DOT,this condition will not apply. Easements/Rights-of-Way/Permits 14. The entire width of right•.pf ovaee4ed for.khQ."Borchert-Ingersoll" road shall be dedicated adjacent to Lo i• Ii 't-on of the south half of the right-of-way. . %:.......... can be accomplished either throughtt easemei ;or by plat. 15. The developer shall obtain MN/Lpermit airoval for any grading activities within Hwy. 149 right-of-way. 16. The developer shall obtain MN/DOT peiniit approval for"Borchert-Ingersoll"road access onto Hwy.149. The developer shall be responsible for the construction of all the necessary improvements to Hwy.149 as required by MN/DOT as conditions of permit approval. Tree Preservation 17. The developer shall provide az► 6-easement across the Kwik Trip site to Starks Cafe for access to the" aorchert/Irig�ex •Road." This easement shall be submitted to the City Attorne..: or.ievt: approval prior to final subdivision approval for this develornea:: 18. The developer shall instill 14 Category B trees as mitigation for significant tree removal in excess of allowable limits. 19. A revised tree preservation plan shall be submitted for review and approval by the City Forester prior to final sgkdiyitis onappFoval...... 20. Tree Protective measures(i.e.4 foot.poIyetliylerie laminate safety netting)shall be installed at the Drip Line or at the imeter o..*e Critical Root Zone,whichever is greater,of significant trees/wood ls to be p'rrj2�erved. 21. The applicant shall contact the City Forestry Mision at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation 22. This development shall be responsible for a cX3fi'parks dedication and a cash trails dedication. The 1999 riesdface66 t # is are$3,376.00 per acre and$920.00 per acre. ..... 23. The Developer shall provide an ingress/egrQ: asement access the Kwik Trip site to Starks Cafe for access to the Borchert/Ingers;W'Road.This easement shall be submitted to the City Attorney for review and approval prior to final subdivision approval for this development. Larry Martin,representing the applicant,stated that the applicant is agreeable to the easement condition as long as the access is limited solely to Starks and the Pro Stop and does not serve as access to the remainder of the Dart site. EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE 15 A vote was taken on the motion.*-.-* e: 5 Nay: ,0•••. REZONING &WAIVER Ol~; JBDIVISION-. -TE HOMES OF MN CORP. (OAKB i7pl`C SUID A ON) City Administrator Hedges provided arid'0€7view on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve a Planned Development Amendment(rezQft*ft:;t,;:A WtWal to PD,Planned Development)to incorporate a 5 acre exception located soudi'�bf:tDepi di: i�; nd west of the Deerwood School into the previously approved Oakbrooke Addition located'. a sou" est 1/4 of Section 21 subject to the following conditions: 1. The Oakbrooke PlanneLi ft. Ielit ( #@nt shall be amended to incorporate the subject property prior to:fiiraf'plat apP#*V4:: 2. The City shall approve the requested Waiver of Subdivision. A vote was taken on the motion. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) Councilmember Bakken movecl;: ct[api A�yada seconded a motion to approve a Waiver of • Subdivision to allow the subdivision of the 5'aci e: t ep c .knto a 1.5 acre lot and a 3.5 acre outlot subject to the following conditions and a deferral of charge for a period of 5 years of development,whichever occurs first(the chaff* will be;co}*-"at the rates in effect at development or 5 years hence): 1. The Waiver of Subdivis:ioii'shall be contingent upon Council approval of the requested Planned Development Amendment. 2. A final plat drawing shall be submitted which illustrates proposed Lot 1,Block 1,Outlot A and that portion of the subject property to be provided as right-of-way. 3. The final plat shall be f Council approval. 4. The developer shall comply with#ase stand*4 conditions of plat approval as adopted by Council on February 3,1993: Bl and B3 5. The developer shall prepare a private ingress-egress easement document for review and approval by the City Attorney prior to final plat approval. This easement shall be recorded with the final plat. 6. Park and trail dedicatiQV.;egy Wnei 5.;ghall,b�addressed in conjunction with the future resubdivision of the p } •_••• •.• •. A vote was taken on the motion. Aye: 4 Nay: 0 ( Icilmember Blomquist abstained) INTERIM USE PERMIT-KOHL'S DEPARTMENT STORES,INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 • PAGE 16 Councilmember Bakken moved,.V&mcilmember Bloniiggigst seconded a motion to approve an Interim Use Permit(IUP)to allow outdodY Storage of containei'S'tipon their property located at 1350 Town Centre Drive in the northwest 1/4 of Sectio i subject to the fct#j 'ving conditions: 1. The Interim Use Permit shaYle: gia #[ir►60 days of its approval by the City Council. 2. The permit shall terminate on November 1,2000. 3. Outdoor storage activitiet:Q 1 ie li�te :reP containers all of the same color (neutral tones)confined fti:$tela:ie*:0W-ol':f iN'& artment store within the area specifically designated on the site 99r'. Councilmember Carlson said she was op .to apg ip�ng the Interim Use Permit because the Council would be setting a precedent for• Yto4i8:l ; t st the use of outdoor storage containers. Councilmember Masin asked if Kohl's had previously requested the use of semi-trailers in the back of their property. Senior Planner Ridley clarified that Walmart had requested a Conditional Use Permit for a three-month timeframe every year so they would be allowed outdoor storage of containers. Tom Carrigan,District Manager.for:Kohl's,stated that the Advisory Planning Commission had requested Kohl's convert the outdoor stdkage:o :wotprials from semi-trailers to storage containers. He added that storage containers are more aesan semi-trailers and are less obtrusive. He explained the need for additional storage a ;the Eagal3:Stbre;which has been•created as a result of the large sales volume. Councilmember Carlson reitera4:044. � ouncil would be setting a precedent by approving this request. Mr.Carrigan stated that time to conduct a study to determine if they should expand the Eagan store or add another store in the south metropolitan area. Mayor Awada added that she was concerned about allowing outside storage to occur since the City has been involved in litigation of a similar nature. Councilmember Blomquist stat(*:€It,�Y :jai3;MAt:bave:,a problem with approving the IUP since the storage containers will be hidden ariif filen: # 'it-it will be imposed. Councilmember Carlson suggested the term of the IUP be limited tac-9i;g months.;.which would allow sufficient time to conduct a market evaluation. Mayor Awada conc41W. A vote was taken on the motion. Aye: 3 1461y: 2 (Mv. Awada and Councilmember Carlson opposed) LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS Mayor Awada stated that she and other mayors spent:lk>ionday lobbying legislators. City Administrator Hedges noted that he attended the Municipal illative Commission meeting last week. He mentioned that a recap of Senate and,UQgsetaXb ls:�il�•be distributed to the Council on Friday. City Administrator Hedges referenced corresponderitj�zeceived from representatives of ISD 191 regarding their request for reconsideration of the term limit of tie Interim Use Permit approved for the Cedarvale Shopping Center. He requested the Council forward their thoughts to him regarding their position concerning the reconsideration request. Mayor Awada noted that she is meeting with representatives of ISD 191 in a few weeks. Councilmember Masin added that the Council needs to reach a consensus regarding this request. City Administrator Hedges said that Mayor Awada and Councilmember Masin could discuss this matter at their meeting with representatives from ISD 191. Mayor Awada noted that she did not have any desire to reconsider the previous action. Councilmembers EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE 17 Carlson and Bakken concurred with Maf.*'Awada. Counciln ii'ber Carlson said her reason for denying the request for a ten-year term limit is because of the study offtto'tedarvale area. Mayor Awada mentioned that she:aq4 the Arbor Day event. She also commented on the Forever Green tree distri o13 fa :s,S£lye$uled for Thursday and Saturday. Councilmember Masin requested that staff prepare two alternatives for calculating assessments for the Council to consider when the street assessment policy is considered at the Council work session on May 18. Councilmember Carlson suggested that members of the Council also present information on options. Councilmember Masin agreed., i*AWWa:etWA1bat if there is a desire to change the policy by a member of the Council,they should*rft§fitt euE3ytati)k&-#gi;consideration. Councilmember Carlson noted that it is necessary to collect ample informatibi.in ordez "D develop options. She said it was appropriate to ask staff for their input. Councilmeer Blomgpist said that the process should be driven r�.• by the Council and that staff needs to be given pc&ic�t:;directio�; '§he further said that the Council should set forth options for staff to research. Ms . i#:tistaff needs to be provided clear direction. Councilmember Blomquist added that sli is'coiicerne*AQflie original policy was arrived at by staff and that since staff has led the Council through the policy they will ultimately have to put together suggested alternatives. Director of Public Works Colbert stated that the Council will be meeting on May 18 and he would be unable to develop an assessment poli ;within that timeframe without knowing what specifically the Council wants changed in the current po# g �ihnember Bakken suggested that each • Councilmember bring ideas to the May 18 meet g:WA .pWf could research the ideas,as agreed upon by Council consensus,following the meek'ng. Mayor Awada said that there were a*W.: ad to the policy and it was her understanding that they were incorpora *Tjj -t. utes of the Special City Council meeting of April 6. She added that she did not suggest any j iiges to the process. Councilmember Blomquist said that the rest of the Council needs to see the proposed changes in writing and needs to see the assessment policy. She suggested that alternatives for financing assessments that were identified in the Finance Committee report be discussed. She added that this-issue needs to be considered on a formal agenda by the Council. Councilmember Bakken noted that if any Councilmember has suggested alternatives they should present them for consideration by the whole Co : City Administrator Hedges mentioned that j4formatii�u.;will be presented at the May 18 Special City Council meeting regarding the appraisal prod z the Firi�iCe Committee report and the original motion that was made to adopt the assessment potic : CounCember Bakken said that there should be an understanding of the Council that this will be the Hist oppiinity to present options and alternatives concerning the assessment policy in an effort to bring closure to this matter. Councilmember Masin commented on the death of long-time Eagan resident Vince Kennedy. Councilmember Bakken said he thought the Council:ji*8 agreed to eliminate the Round Table since discussion often becomes unstructured and actions are*flsionally taken regarding matters that have not been appropriately scheduled p •the..aW.nda:: es ested that if Councilmembers would like to share information they should schedn�fCji:a>t;s} a or circulate a memo. It was determined that further discussion on this matter t fIie goal setting work session. Councilmember Bakken commented that the appro&ite time to pull items from the Consent Agenda is at the time of the adoption of the agenda. Mayor Awada added that certain items can be discussed at the time of the Consent Agenda,but the items that the Council wants to vote on separately should be separated from the Consent Agenda, Councilmember Carlson further added that if Councilmembers have questions on particular items,they should call staff prior to the Council meeting. Councilmember Masin commented that perhaps some items that are scheduled on the Consent Agenda should be scheduled elsewhere. Councilmember Blomquist suggested this matter be discussed at the work session on May 25. EAGAN CITY COUNCIL MEETING MINUTES;MAY 4,1999 PAGE 18 R Councilmember Carlson said she received a call inqui?ifq if the City had anything to do with the increase to the speed limit on Galaxie Ave�. Director of PAW*.-Works Colbert explained that MnDOT is the only jurisdiction that has the author3t t--JD aange the, limit. He noted that the City had requested the completion of a speed study'ijx: 7 ;sc Wferent streets including Galaxie Avenue. ADJOURNMENT The meeting adjourned at 11:55 p.m. MLK Date City Clerk If you need these minutes in an alternative form such as large print,Braille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55122,(651)681-4600,(TDD phone:(651)454-8535). 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,sexual orientation,marital status or status with �' regJiff. ublic assistance. . . Agenda Information Memo May 18, 1999 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Special Assessments/Utility Billing Clerk-- ACTION TO BE CONSIDERED: To approve the appointment of Mary Ann Olson as the Special Assessments/Utility Billing Clerk. Item 2. Temporary Planning Intern/Weed Inspector-- ACTION TO BE CONSIDERED: To approve the hiring of Robert Dostalek as the temporary Planning Intern/Weed Inspector. Item 3. Seasonal Engineering Aide-- ACTION TO BE CONSIDERED: To approve the hiring of Elizabeth Porter as a seasonal Engineering Aide for Central Services Maintenance. Item 4. Temporary GIS Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Shawn Strong as a temporary part GIS Intern. Item 5. Seasonal Water Resources Assistant— ACTION TO BE CONSIDERED: To approve the hiring of Teddy Ewer as the seasonal water resources assistant. Item 6. Seasonal Horticultural Technician-- ACTION TO BE CONSIDERED: To approve the hiring of Margoretta Farnham as a seasonal horticultural technician. /D Agenda Information Memo May 18, 1999 Eagan City Council Meeting Item 7. Seasonal Guest Relations Shift Leader-- ACTION TO BE CONSIDERED: To approve the hiring of Carrie Peterson as a seasonal guest relations shift leader for Cascade Bay. Item 8. Seasonal Concessions Supervisor-- ACTION TO BE CONSIDERED: To approve the hiring of Jessica Cargill as a seasonal concessions supervisor for Cascade Bay. Item 9. Seasonal Assistant Maintenance Manager-- ACTION TO BE CONSIDERED: To approve the hiring of Jesse Viall as a seasonal assistant maintenance manager for Cascade Bay. Item 10. Seasonal Lifeguard Shift Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Patricia Malone, Erin Boufford, Candace Schensted, Katie Hughes, Rebecca Ziegler and Erik Maland as seasonal lifeguard shift leaders for Cascade Bay. Item 11. Seasonal Part-time Team Leader/Personal Relations-- ACTION TO BE CONSIDERED: To approve the hiring of Ann Morin-Skumatz as a part-time team leader/personal relations for Cascade Bay. Item 12. Seasonal Lifeguards-- ACTION TO BE CONSIDERED: To approve the hiring of Kathryn Haseman, Keri Ragsdale, Christin Weggemann, Danielle Hassett, Megan Lostetter, Melissa Mariner, Tammy Macht, Kevin Grech, Stacey Folden, Nicole Tatnode, Becky Gorden,Douglas Franzen, Jr., Shannon Dunleavy and Kari Maland as seasonal lifeguards for Cascade Bay. Agenda Information Memo May 18, 1999 Eagan City Council Meeting Item 13. Seasonal Guest Relations Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Tiffany Burrows, Danny Kriha, Benjamin Elton, Ryan Vanderlugt, Lindsey Dulin, Kayt Dowling and Liz Mundahl as seasonal guest relations workers for Cascade Bay. Item 14. Seasonal Concessionaires-- ACTION TO BE CONSIDERED: To approve the hiring of Jennifer Lopac, Kim Tatera, Megan Lindwall and Daniel Kasterek as seasonal concessionaires for Cascade Bay. Item 15. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of John O'Toole, Ryan Hauenstein, Darrel Isebrand, Jill Isebrand and Jacob Loesch as seasonal park maintenance workers. Item 16.Seasonal Park Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Andrea Mater as a seasonal park attendant. Item 17. Seasonal Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Tamara Johnson and Jennifer Rasmussen as seasonal recreation leaders. Item 18. Seasonal Skating Coach-- ACTION TO BE CONSIDERED: To approve the hiring of Catherine Hilleque as a seasonal skating coach. Agenda Information Memo May 18, 1999 Eagan City Council Meeting Item 19. Seasonal Concession Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Christopher Buntjer and Christina Wydeven as seasonal concession workers for the Northview concession operation. Item 20. Resignation/Engineering Technician— ACTION TO BE CONSIDERED: To accept the resignation of Engineering Technician Mike Maddio. Item 21. Water Resources Coordinator-- ACTION TO BE CONSIDERED: There is no action required for this item. The hiring of this person was approved at the May 4, 1999 City Council meeting. For the City Council's information, the person hired as the Water Resources Coordinator is Eric Macbeth. 13 Agenda Information Memo May 18, 1999 Eagan City Council Meeting B. APPROVE RESOLUTION SUPPORTING METROPOLITAN AIRPORTS COMMISSION'S PROPOSED NOISE ORDINANCE ACTION TO BE CONSIDERED: To approve the recommendation from the Airport Relations Commission to support by Resolution the Metropolitan Airports Commission's proposed noise ordinance. FACTS: ■ In 1990, Congress passed the Airport Noise and Capacity Act which mandated the phase-out of noisier Stage II aircraft by January 1, 2000. ■ Earlier this year, the Eagan City Council authorized correspondence to FAA Administrator, Jane Garvey, in which the City stated its opposition to the granting of any waivers to the Stage III requirement. ■ The Metropolitan Airports Commission's proposed noise ordinance is an effort to comply with the 1996 legislative mandate to not allow any aircraft operation that is not Stage III compliant after December 31, 1999. ATTACHMENTS: ■ Resolution of Support attached on page . CITY OF EAGAN RESOLUTION SUPPORTING THE METROPOLITAN AIRPORTS COMMISSION'S PROPOSED NOISE ORDINANCE WHEREAS,the Airport Noise and Capacity Act of 1990 mandated the phase out of aircraft not meeting the Stage 3 certification by January 1, 2000; and WHEREAS,the Minnesota Legislature directed the Metropolitan Airports Commission in 1997 to ensure an all-Stage 3 environment at Minneapolis-St. Paul International Airport; and WHEREAS, several airlines have requested waivers from the Federal Aviation Administration to permit operation of Stage 2 aircraft after January 1, 2000; and WHEREAS,the Metropolitan Airports Commission has proposed a noise ordinance to prohibit operations not complying to Stage 3 requirements; and WHEREAS,the Eagan Airport Relations Commission and the Eagan City Council are on record with the Federal Aviation Administration opposing the granting of any waivers NOW, THEREFORE, BE IT RESOLVED that the City of Eagan supports the Metropolitan Airports Commission's proposed noise ordinance to prohibit the operation of aircraft not certified as Stage 3 at Minneapolis-St. Paul International Airport. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing Resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18th day of May, 1999. E. J. VanOverbeke, City Clerk Agenda Information Memo May 18, 1999 Eagan City Council Meeting C. COMPREHENSIVE GUIDE PLAN AMENDMENT- CITY OF EAGAN ACTION TO BE CONSIDERED: ➢ To implement a Comprehensive Guide Plan Amendment establishing a D-I, Single Family Residential Land Use Guide Plan designation and a Planned Development (PD)zoning designation upon 4.0 acres of excess T.H 77 right-of-way located south of Cliff Road and west of Nicols Road in the NW 1/4 of Section 31. FACTS: ➢ At their regular meeting on April 20, 1999, the City Council approved the forwarding of a Comprehensive Guide Plan Amendment to the Metropolitan Council establishing a D-I, Single Family Land Use Guide Plan designation upon the subject property. ➢ The Council also approved the rezoning of the property to a PD, Planned Development designation contingent upon Metropolitan Council approval of the amendment. ➢ The Metropolitan Council completed its review and approved the Guide Plan Amendment as documented in the attached letter dated May 4, 1999. ➢ At their regular meeting on March 23, 1999,the Advisory Planning Commission recommended denial of the Comprehensive Guide Plan Amendment. ATTACHMENTS (3) Site Location Map, page-l-� Minutes of the April 20, 1999 Council meeting,page �d Metropolitan Council letter of approval dated May 4, 1999,page 16 a• r= INNER in 10 �,tu��., ►��i- `I►� IIin 91 I*� 07111114-111,4z Ron: UNFirl E ��a ar7� ��r �'��}��+ Gq��■r�� ��=� = �'�`�n cis Ll IL WL `'�►��7��0 ' ��c1t�`71►I�i000�i �� m [�rY✓'' `7.7 L �a Zoo: r■�• .1. .111. � ► ��r►, �� e. Development/Developer. City of Eagan AppliCation: Rezoning and Comprehensive Guide Plan Amendment +City of Eagan by D*Kft C4LOY LOW SWVVY D@PwWrwt NO is 0-rrw%AN Of 0@wVbW`I9K THIS MAP 12 INTENDED FOR REFERENCE USE ONLY Ity of Began and Dakota County do not guarantee the aecurOCY Of thIS information. EAGAN CITY COUNCIL MEETING MINUTES;APRIL 20,1999 PAGE 6 111EW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT—CITY OF EAGAN AMENDING THE LAND USE OF APPROXIMATELY FOUR ACRES OF EXISTING RIGHT-OF-WAY,T.H.77(CEDAR AVENUE), TO D-1,SINGLE FAMILY AND A REZONING TO R-1 (SINGLE FAMILY),LOCATED SOUTH OF CLIFF ROAD BETWEEN CEDAR AVENUE AND NICOLS ROAD IN THE NW'/OF SECTIONS 31 Senior Planner Ridley gave a staff report. Councilmember Blomquist moved,Councilmember Bakken seconded a motion to approve a Comprehensive Guide Plan Amendment that would establish a D-I,Single-Family Land Use Guide Plan designation subject to Met Council approval,upon 4.0 acres of excess T.H.77 right-of-way located south of Cliff Road and west of Nicols Road in the northwest'/4 of Section 31. Senior Planner Ridley noted that an amended petition submitted by the adjacent residents had been received and distributed to the City Council Brock Kiecker,2142 Nancy Circle,stated that single-family homes are more appropriate than a larger multi-family development. He mentioned that the neighborhood has experienced some problems with a rental property in the area. He said he would prefer to have the property remain undeveloped and wooded. Randy Hedlund,who has worked with MnDOT to have the property identified as excess right-of- way,indicated that they would prefer the multi-family development approach which would provide greater control than a single-family development. He added that they have met with a client that would be interested in building a 16-unit multiple housing development. He further added that the units would be for sale for approximately$185,000 per unit. He mentioned that the amount of tree loss is comparable between the single-family development and the multi-family development. He stated that they would be agreeable to either a single-family or multi-family development. Councilmember Blomquist said she did not support the multi-family development. Janice VanLeuven,2148 Nancy Circle,supported the single-family development. Mayor Awada indicated she was also in support of the single-family development. Councilmember Masin stated that the existing development has been surrounded by a lot of commercial development. She added that the Council should ensure that a buffer is preserved on the existing right-of- way. Councilmember Carlson stated that some of Councilmember Masin's concerns could be addressed as part of the rezoning. She suggested a rezoning to Planned Development(PD)as opposed to Single-Family (R-1)to allow for greater development control. Mayor Awada concurred. Senior Planner Ridley provided an explanation on rezoning to PD. Councilmember Bakken called for the question. A vote was taken on calling the question. Aye: 5 Nay: 0 A vote was taken on the motion. Aye: 5 Nay: 0 Metropolitan Council Working for the Region, Planning for the Future May 4, 1999 RECEIVED1 Mr. Bob Kirmis, Planner MA" City of Eagan Municipal Center 3830 Pilot Knob Road BY: Eagan, Minnesota 55122-1897 RE: City of Eagan,Comprehensive Guide Plan Amendment—T.H. 77 right-of-way Metropolitan Council District 15 Metropolitan Council Referral File No. 17033-1 Dear Mr. Kirmis: The Metropolitan Council staff has reviewed the city's comprehensive plan amendment received by the Council on April 23, 1999. We find that it is in conformance with metropolitan system plans, consistent with the Metropolitan Development Guide and compatible with plans of other units of government. Therefore, the Council will waive further review and you may place the amendment into effect. The amendment,explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. A copy of your plan amendment was sent to the Minnesota Department of Transportation. You may receive separate advisory comments related to this amendment directly from MnDOT. If you have any questions regarding this review, please contact Liz Van Zomeren, principal reviewer, Office of Local Assistance at 602-1060. Sincerely, Richard E. Thompson, Supervisor Comprehensive Planning c: Carolyn Rodriguez, Metropolitan Council District 15 Linda Milashius, Referrals Coordinator Sherry Narusiewicz, MN DOT Metropolitan Division Carl Schenk, Sector Representative, Office of Local Assistance AREA CODE CHANGES TO 651 IN JULY, 1998 230 East Fifth Street St. Paul, Minnesota 55101-1626 (6 t 2)602-1000 Fax 602-1550 TDD/717Y 291-0904 Metro Info Line 602-1888 Agenda Information Memo May 18, 1999,Eagan City Council D. FINAL SUBDIVISION(KWIK TRIP EAGAN ADDITION)- KWIK TRIP, INC. ACTION TO BE CONSIDERED: • To approve a Final Subdivision (Kwik Trip Eagan Addition)to create two lots and one outlot on approximately 10 acres, located south of Starks cafe, abutting the west side of Highway 149 in the NW 1/4 of Section 12. FACTS: • Kwik Trip received city approval for the preliminary subdivision of this property on May 4 1999. • The final plat shows the westerly six acres as Lot 2, on the preliminary subdivision it was proposed to be an outlot. The necessary adjustments have been made to the development contract to reflect this change. • The issues regarding access to Hwy. 149 have been satisfactorily resolved. Other conditions of preliminary approval required prior to final subdivision have also been satisfied. • Outlot A is being replatted with the adjacent property to the north as a single parcel (Starks Addition). • All documents are anticipated to be signed and in order for execution at the regular City Council meeting on May 18, 1999. ATTACHMENTS: Final Plat(Kwik Trip Eagan Addition),page O II I I I AA i / I �i C C � r ■ j / / "„ s•' ccp j / � I .t1 de i/ Ol c+ //41 �•; �''!i �'� // his ci A' 10 YJ v J,• pie AM / "o, lo, .41 N //♦ .%%o o e / xa �t / 99 6.11 l000ll �3 I Ilk I` v • I Agenda Information Memo May 18, 1999 Eagan City Council Meeting E. FINAL SUBDIVISION (SOUTHERN LAKES WEST)—SPRINGBROOK CORPORATION ACTION TO BE CONSIDERED: To approve the Final Subdivision (Southern Lakes West) consisting of 15 lots located in the southeast 1/4 of Section 25. FACTS: ➢ The Preliminary Subdivision was approved by Council action on April 6, 1999. ➢ The financial guarantees and Development Contract are in order and ready for execution. ATTACHMENTS (1): ➢ Final Subdivision drawing,page)3 i a i. q`••..ta. R�i FE sx il .�c) ww r.w) I „b -- i I i -� a � gyp'-. �,♦ I _.. Az fig so W f �__------- I cj I :c Q18 I I ._ �� v, �C e= _c_)n W)LLI ' �• is Y a. �C 7 A w�. ax.ctwq -- v xa a Tom rgr7v b i I `c Vial, i- 18 V it I 1:1 M� Q .n Al =f I 9 I '^4i�y%�31 WSI rr 1_etc ._- K,.�[SJ C I I c I at of 14 J ..■Kto at �rM t I I ' •, t s I L., ,; 6OF 9 I .1 a pII4 B I �; i a ------_-Ply ............. • {mow Icut I s� ' •c K� .c oo13ou 3no4a!M uoIslnaJ 01 joafgnS AaVNIW1136d 03 310N Agenda Information Memo May 18, 1999 Eagan City Council Meeting F. CONFIRMATION OF FINDINGS OF FACT. CONCLUSIONS & RESOLUTION OF DENIAL- CITY OF EAGAN ACTION TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions & Resolution of Denial of the Variance request by Vision Technologies located at 3900 Sibley Memorial Highway. FACTS: • At its regular meeting of May 4, 1999, the City Council denied Vision Technologies' request for a Variance of thirty feet to the required thirty foot building setback BACKGROUND/ATTACHMENTS: (1) Findings of Fact, Conclusions & Resolution of Denial,page_through . BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Vision Technologies/ CNH Architects for a Variance for property FINDINGS OF FACT located at 3900 Sibley Memorial Highway CONCLUSIONS AND (Northeast Quarter of Section 19). RESOLUTION This matter came before the Eagan City Council at its March 2, 1999 and May 4, 1999 meetings. The Council received, considered and discussed input from staff, residents, the planning report and the input of the applicant. Based upon all the files, records, proceedings and input which was presented at the meetings, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. A request for a Variance is properly brought before the Eagan City Council. 2. The property is zoned CSC, Commercial Shopping Center. The CSC zone requires a 30-foot front yard setback. The applicant is requesting a 30-foot variance from the required 30-foot setback. 3. City Code, Chapter 11, Section 11.40, Subd. 3(c) states that the City Council may grant a variance and impose conditions and safeguards provided that it fords (among other things): that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 4. There currently exists a former drive-thru facility for a bank building on the property. The applicant is requesting to convert that space into office space. S. The existing drive-thru foundation does not meet setback requirements and the canopy extends into the right-of-way. 6. The existence of the drive-thru facility hinders visibility and makes snow storage more difficult. 7. The applicant's purpose is to add additional office space at significantly lesser cost. 8. There is ample space available for building expansion on the lot, which measures approximately 3 Y2 acres. 9. The drive-thru is currently used as a car port. 10. The applicant requested and was granted a 60-day extension of consideration of its application. CONCLUSIONS 1. The matter of the 30-foot Variance to the 30-foot front yard setback requirements is properly brought before the Eagan City Council. 2. The construction of office space and the existing drive-thru/car port facility is merely a financial convenience to the applicant and not a necessity. 2 a � 3. The conversion to office space of the existing drive-thru/car port would limit visibility and make snow storage more difficult. 4. The applicant has provided no demonstrable hardship for the Variance. 5. By the greater weight of the record and information presented, it is determined by the City Council that approval of the Variance is not warranted. RESOLUTION The City Council of the City of Eagan does hereby resolve that the applicant's request for a Variance of 30-feet to the 30-foot frontyard setback for property located at 3900 Sibley Memorial Highway (Northeast Quarter of Section 19), is hereby denied. Dated at Eagan, Minnesota this 18th day of May, 1999. CITY OF EAGAN By: Patricia E. Awada Its: Mayor By: E.J. VanOverbeke Its: City Clerk 3 Agenda Information Memo May 18, 1999 Eagan City Council Meeting G. PROJECT 778 HWY 149 UPGRADE (HWY 55 TO YANKEE DOODLE RD ) ACTION TO BE CONSIDERED: Authorize SRF Consulting Group to prepare an application for Federal funding through the Surface Transportation Program (STP) of the Transportation Efficiency Act(TEA 21) for Project 778 (Hwy 149 Upgrade). FACTS: • State Trunk Highway 149 south of Hwy 55 currently carries approximately 17,000 vehicles per day. It is projected to increase to 30,000+ in 20 years. The current rural two-lane undivided highway section is inadequate to handle this projected growth in traffic. Combined with the current land development proposals along this corridor, there is a need to initiate the needed roadway improvements. • Hwy. 149 is classified as an"A"Minor arterial on the Metropolitan Highway system. As such, it is eligible for Federal funding consideration. While there are limited dollars available for capacity expansion improvements, there is a good opportunity for the City to apply for funding through the Surface Transportation Program(STP). The access management and safety improvements resulting from improving Hwy. 149 to a two-lane divided highway between Hwy. 55 and Yankee Doodle Road should rank high on the funding program while also providing some residual capacity enhancements • The next funding program cycle is for the 2003 fiscal year. However, it requires applications to be submitted early this year. In response to a request from staff, SRF Consulting Group, Inc., has submitted a proposal of $8,000 to prepare all the necessary studies and submittal requirements for this program's application process. If we are timely, we stand a better chance of having the improvement accelerated to an earlier year. Agenda Information Memo May 18, 1999 H. PROJECT 99-E, OAKVIEW CENTER RIGHT-OF-WAY TURNBACK ACTION TO BE CONSIDERED: To adopt the resolution approving the turnback of a portion of Trunk Highway 55 right-of-way, east of the southerly intersection with Trunk Highway 149, from the Minnesota Department of Transportation(MnDOT)to the City of Eagan. FACTS: • Oakview Center is proposed to be located north of the south junction of Highway 149 and Highway 55. The development would have access from a public street which would become the fourth leg of the TH 149/TH 55 intersection. • The proposed improvements include the construction of new public streets, including the beginning of a frontage road along the north side of Highway 55 east of the intersection with Highway 149. The preliminary design indicates a portion of the proposed frontage road is designed through current TH 55 right-of-way. • The proposed alignment of the frontage road is in accordance with the recent Highway 55 Access Management Plan. • Turnbacks of MnDOT right-of-way are transferred to the local government agency rather than the private landowner or developer. • This resolution has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page3o . • Right-of-Way Turnback Exhibit,page. � 9 f ROAD t0Ar °q� I PROPOSED LOCATION F LONE OAK ROAD CO. RD. 26 ,� 1 - - - - - - - - - - - - - - - 3000 ♦ I 1 1 TRUNK I I H No. 5 1 �1\ o RITA T. I C? 1\\�q o ui LA. CH PEL -, - - > _ or R. xf HILLSIDE CT. ► r' fie►JJ. ;O Yt uj ILLSIDE , cv Nk DRIVEfii�U 2 i I.LING ROLLM Y DR. HILLS ' \\ ROLLING CIR. \\ In YANKEE DOO LE HILLS YANKEE DOODLE RD. RD. 3400 �o. o �. 77- r� RD. � 1 � /"1 W IVY CT• SECTION 12 /\ W a ,moo CITY OF EAGAN 3� 1 —East Line Of West 30 Acres 0/NE l/4, NW l/<, c/2 1 � � 1 1 1 Denotes Right-Of-Way To Be r ® Dedicated On The Plot Of r OAKVIEW CENTER If is DENOTES FODND 1/2"SOLID IRONS 1 a 1 10 11 3 1 n V 1 1 1 i 1 01 _ � r Jy� e to �` e 1 3o V a r h SUGGESTED DESCRIPTION FOR RIGHT-OF-WAY TURNBACK 1 �e „e R/W Turnback From MnOOT (State Highway No. 55) Qj 3 All that port of the following described tract: n4�. O' 1 That port of the northwest quarter of the northwest quarter (NW 1/4, NW 1/4) and the west 30 acres of the ttop0 r _— northeast quarter of the northwest quarter (NE I/4, NW / .. 1/4) of Section 12, Township 27 North, Range 23 West, Q\ / r Dakota County, Minnesota, i 6%,• —— / which lies southwesterly of a line run parallel with and / r distant 165 feet northeasterly of the following described / 1 line: / r From a point on the west line of Section I, Township 27 / North, Range 23 Wes:, Ookoto County, Minnesota, distant •T%., r 194.7 feel north of the southwest corner thereof, run southeasterly of on angle of 28 degrees 03 minutes with 1 said west section line for 1055.5f thence deflect S/0-D9' ^K, to the left of on angle of 51 degrees 3a mi . : mutes for 2000 1385.7 feet to the point of beginning of the line to be described; thence continue southeaslerfy :long the lost described course for 500 feet and there terminating; ^S, together with a strip 30 feel in width adjoining and E.., northeasterly of the above descr cried strip: Beginning opposite the point of beginning of the above described 0 6%„ line and extending southeasterly for 250 feet; L and which lies northeasterly of o line run porollel with and distant 125.00 feel northeasterly of the following described line: From a point on the west line of Section 1, Township 27 North, Ronge 23 Wes,, Da ko to County, Minneaoto, distant 0 40 80 194.7 feet north of the southwest corner thereof, run southeasterly of an angle of 28 degrees 03 minutes with said west section line for 1055.5 feet; thence deflect to the left at an angle of 51 degrees 34 minutes for 1385.7 feet to the point of beginning of the line to be described; thence continue southeasterly along the las7 t 3/ described course for 500 feet and there terminoting. SCALE IN FEET I h—by ceNily that this m ey,pbn,er mparl weA br m.ar urd.,my all—I—p—ml—..d that I�save PROJECT NAME I om a duly R.ai.l.r.d Land S.,.,.,vnd.r Ih.laws OI 01(1Ka. of to t u+ s a 9melsn OAKVIEW CENTER '/ ( tmp etAaAa tAAe,wile 70a Ikpte crow,Imsset. umt-sat 11.9.No.JVD if p DO. tdepkpee p12M2r�505 he(eI2H21-SA2i PROJECT NUMBER_98209 Agenda Information Memo May 18, 1999 I. CONTRACT 99-06, DUCKWOOD ESTATES & DUCKWOOD TRAIL STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 99-06 (Duckwood Estates and Duckwood Trail— Street Improvements), award the contract to McNamara Contracting, Inc., for the Base Bid in the amount of $165,302.75, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 2, 1999, the City Council authorized the bituminous overlay of the streets within Duckwood Estates (Project 763) and the recycling of the bituminous surface on Duckwood Trail (Project 762) and directed the preparation of detailed plans and specs. • On April 6, the Council approved these plans for Contract 99-06 and authorized the advertisement for solicitation of competitive bids. At 10:30 a.m. on May 6, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from McNamara Contracting, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page . CITY OF EAGAN DUCKWOOD ESTATESIDUCKWOOD TRAIL STREET IMPROVEMENTS City Project Nos. 762 and 763 EAGAN, MINNESOTA City Contract No. 99-06 Bid Date: Thursday, May 6, 1999 Bid Time: 10:30 a.m. Contractor Total Bic! 1) McNamara Contracting, Inc. $165,302.75 2) Valley Paving, Inc. $166,008.35 3) Northwest Asphalt, Inc. $187,927.70 4) Bituminous Roadways, Inc. $188,995.75 Base Bid Base Bid $165,302.75 Feasibility Report Construction Estimate (with 5% contingency) $224,763.53 % Under Report Construction Estimate -26.5% Engineer's Estimate $214,060.50 % Under(-) Engineer's Estimate -22.8% 11SPNWFS\VOL1\DATAiPROJ\805680)1680-1303.mayg9.doc 3.3 V0iZ0'd 6VZz VV9 TS9 '00 N3389 8H 9V:TT 666T-ZT-),HW 6V22 VV9 T99 Agenda Information Memo May 18, 1999 J. PROJECT 7098,T.H. 13 FOUR-LANE DIVIDED UPGRADE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To adopt the resolution approving the preliminary layout of Trunk Highway 13, from Silver Bell Road to Yankee Doodle Road, as prepared by SRF Consulting Group, Inc. and on file in the Office of the Minnesota Department of Transportation. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) in the proposed upgrade of State Trunk Highway 13 to a four lane divided highway between Silver Bell Road and Yankee Doodle Road. • The lead agency for any State Trunk Highway improvement needs to approve the preliminary design layout acceptable to MnDOT. Since TH 13 is under the jurisdiction of MnDOT, the City of Eagan needs to approve the preliminary layout. • This resolution has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map,pag e 3.5. • Resolution,page 3 6_. I v Z, o I J� ! I m PROJECT LOCATIO YANKEE DOODLE ROAD ! e� Lo I J HBURYI ROAD I a� I _ SILVER SILVER BELL RD.,2�YU, _ D �o ao �' I� � I n 0 � U O r✓ DIFF XY ROAD �- DIFFLEY RD. i z Z T.H. 13 IMPROVEMENTS PROJECT 709R G:98CnYMAP/$oc709r RESOLUTION HWY 13—SILVER BELL ROAD TO YANKEE DOODLE ROAD At a meeting of the City Council of the City of Eagan, held on_day of 1999,the following Resolution was offered by seconded by to wit: WHEREAS,the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of TrunkHighway Number 13 within the corporate limits of the City of Eagan, from Silver Bell Road to Yankee Doodle Road; and seeks the approval thereof, and WHEREAS, said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota,being marked, labeled, and identified as layout Number 1 prepared by SRF Consulting Group, Inc. staff approval date April 23, 1999. NOW, THEREFORE, BE IT RESOLVED: That said preliminary layouts for the improvement of said Trunk Highway with the corporate limits be and hereby are approved: Upon the call of the roll the following Council Members voted in favor of the Resolution The following Council members voted against its adoption: whereupon the Mayor and/or the presiding officer declared the Resolution adopted. Dated this , day of , 19 CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a meeting thereof held in the City of Eagan, Minnesota, on the day of , 19 as disclosed by the records of said City in my possession. City Clerk Agenda Information Memo May 18, 1999 K. ADVENT UNITED METHODIST CHURCH EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate a public easement and schedule a public hearing to be held on June 15, 1999. FACTS: • On May 13, 1999, City staff received a petition from Sara Hoy Kelzenberg, RB Architects, acting as the representative of Advent United Methodist Church, requesting the vacation of an existing utility easement for a future sanitary sewer. • On March 16, the City Council received a request from Advent United Methodist Church for the extension of the sanitary sewer to the southern limits of the Church's property and authorized the preparation of a feasibility report for Project 775. • The Church is proposing an addition to its building and an expansion of the existing parking lot on the property located northwest of the intersection of Lexington Avenue and Northview Park Road. • This vacation request is being coordinated as part of the proposed improvements with Project 775. It is preferable for both the Church and the City to have the sanitary sewer follow an alignment outside of the existing easement. A new easement will be dedicated by the Church for the new sanitary sewer. • The extension of the sanitary sewer will provide public sewer for the undeveloped parcels south of the church, including Patrick Eagan Park. • The engineering staff will review the site plan for the development of the property and evaluate the site for new easement requirements necessary to accommodate the proposed sanitary sewer extension. ATTACHMENTS: • Location Map,page 00 . • Legal Description, graphic, page3?4�m� 3 � PROPOSED LOCATION y• DENMARK �nRURv� CT. R. E. fN CrDR. WESCO R . 040 BRI. I C N v DIE IFF �,q�C'%� o LJ GJ`�' BUR P EF�,P <1 �` QI � CEN 3 WIND ti0 99. AVE. k,,6 3 a C ROCKY LA. IRESTVIEW "72 -� LA. c� E DE GE `S 4 rfir DURWOOD DRIVE Y HOSFORD I HILLS P BERM• PAT o _ o c`� c PARK. / CHA TT F/ ' � ,. Fly• J,' !, _✓ � SRW OD 0% Nc T. BERRY � J Ct 31 yL F. a w A O I o a LA. Rye ce x Q TR. DIFFLEY RD. uj EASTER F- N. (CO. RD. 30) (� a SIc1�RID 3T�' �\GFe�O Z o LN. QUA LEY tEXiNGTfN�C-I} FLElf' o F N z zLAATHLETfC FACILITY F. RAI SAM , 2 ALCe.. J ARI . nN SECTION 22 LJ� o ,wo CITY OF EAGAN 3 sy am MAIN= umff bkm T ►n>. agnlm" so.00 FEMMANT IsArift o caw+ot A4W r]lISt1Na u+Iun twumENT mutt EASEMENI.YA_QATION TNAT PART OF LOT i BLOM 1 ADVENT L"IM MEU60MT CHURCH. DAKOTA COUNTY. MN. GOM FNCING AT TWE NOIM9AVWa.T LOT CORNER OE LOT 1 BL= 1. ADVENT UNITED METHODIST QWCK THENCE $OUTH 89 DEGREES 55ES _ MINUTES 10 SECONDS GLVIIEE.�`T��UTNA.L�OyNC 1 E NORTH 17 MINUTES 3.'IOPERTY E.A DIST EAST ii►_:::/N\ i OR M.00 FEET: THENCE SOOO A DISTANCE OF 5 FEET TO THE POINT OF BEGINNING: TrIENCE SOUTH 00 DEGREES 17 IANUTES 33 SEOMDS EAST A DISTANCE OF 15 FEET: "I "CE SOUTH ay OMEES 55 MINUTES 10 SECONDS WEST A DISTANCE OF T00.00 FEET. THENCE SOUTH 00 DEGREES 17 MINUTES 33 SECONDS EAST A DISTANCE OF 440 00 FEET; THENCE SOU1M IIS Drain 36 MINUTES 43 - HEST A DISTANCE OF 15.00 FW-- SECONDS TFIFJICE NORTH 00 DEGAEF� i7 MINUTES 33 SECONDS WMT A DISTANCE OF 456.08 FEET: THENCE NORTI s9 Das mulm 10 SECONDS EAST NG AND AA OWANCE OF 116.08 FEET TO THE POINT OF pRAwIAE TINr- LEGM uTlurt Wpbs LAKs ..stns UPE prirK AV Vl"AMI+ y1�ft A K NIGH onogW13S 1SG0 l3an Coon 1100 clang R - � � � 1111 Agenda Information Memo May 18, 1999 Eagan City Council Meeting L PREUSSE 2ND ADDITION,RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: To receive a petition to vacate public right-of-way, and schedule a public hearing to be held on June 15, 1999. FACTS: • City staff has received a petition from Gregory Preusse to vacate that part of the attached described Old Sibley Memorial Highway. • This vacation request is being done as a part of the plat of Preusses 2nd Addition. • The additional property is needed for the proposed improvements and will allow for more consistent right-of-way width. • The engineering staff will review the site plan for the development of the property and evaluate the site for right-of-way requirements necessary to accommodate the proposed development. • All application materials have been reviewed and determined to be in acceptable order for Council consideration of scheduling a formal public hearing to consider the merits of this request. ATTACHMENTS: • Location Map,page . • Legal Description, graphic,page Ylthrough.V3. O HAZEL RD. _ �g%P I BELL SLVER BELL RD- I / O Q a �3 W N P\� PFJ LAZ l pQ�• 4p JO• ,,,,� ppb cc,. 4000 a o ` QST r� (�? SIBL.EY a $ Cq �� LA. W jy R F( m i CT. Z a ✓q q SCARII SAPPJADE LA_NE LA ~ q I Off' 4i w OP V Zq( (q o 0 � I a Gq GR I o o �P o R r (q oPp( X t CEDAR 2 i POND ZIRCON LA. < a ENF D o� PARK a C� CREEKSDE Ct' V I a j DIFFL.EY RD. I d CORALLA o CHPWNK CT. C2 J ui m o z �. rrMBER /y P ?o ►- N o Z c TI R P MBE .m oZ o T. J s Q PROPOSED VACATION SECTION 19 �J city of eagan LOCATION MAP PUBLIC $ WORKS 7 h DEPARTMEN n LEGAL DESCRIPTION All that part of the North Half of the Southwest Quarter of Section 19, Township 27,Range 23 West, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said Southwest Quarter;thence on a bearing of South along the east line of said Southwest Quarter of Section 19, a distance of 337.20 feet to the north right-of-way line of Old Sibley Memorial Highway, formerly known as Old State Highway No. 13;thence South 55 degrees 09 minutes 00 seconds West along said northerly right-of-way line, a distance of 1318.60 feet,thence continuing South 55 degrees 09 minutes 00 seconds West along said northerly right-of-way line, a distance of 206.28 feet;thence continuing along said northerly right-of-way line, a distance 158.72 feet, along a tangential curve, concave to the northwest, having a central angle of 02 degrees 08 minutes 36 seconds and a radius of 4242.80 feet;thence North 34 degrees 51 minutes 00 seconds West, a distance of 288.00 feet;thence North 41 degrees 57 minutes 00 seconds East, a distance of 374.00 feet;thence South 34 degrees 58 minutes 56 seconds East, a distance of 2.94 feet to the southerly right of line of Old State Trunk Highway No. 13 per Book 62,Page 27 of Misc. Records and the point of beginning; thence North 34 degrees 58 minutes 56 seconds West, a distance of 2.94 feet;thence North 46 degrees 15 minutes 49 seconds West, a distance of 66.62 feet to the intersection with a line lying 120.50 feet southerly of, as measured at right angles to and parallel with the centerline of Old State Trunk Highway No. 13, as described in Bk. 62, Page 27 of Misc. Records;thence southwesterly, along said parallel line, a distance of 717.61 feet, along a nontangential curve, concave to the southeast, having a central angle of 07 degrees 19 minutes 49 seconds, a radius of 5609.08 feet and a chord bearing of South 40 degrees 04 minutes 17 seconds West;thence South 53 degrees 35 minutes 38 seconds East, nontangent to said curve, a distance of 29.50 feet to said southerly right-of-way line of Old State Trunk Highway No. 13;thence northerly along said southerly right of way line to the point of beginning. PREUSSES 2ND ADDITION ------------- ..... .... .1 to V. *7 .......... . NkN v V 6 --------------- -- ... ........... FoJAL AKA sign-c ...... PROPOSED VACATION city of eagan PUBLIC PROPOSED RIGHT-OF-WAY VACATION 1� llll=� WORKS 1 / 10 LL DEPARTMEN70 I Agenda Information Memo May 18, 1999 M. CONTRACT 98-17, COUNTRY HOME HEIGHTS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 98-17 (Country Home Heights — Street,Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 98-17 provided for the street upgrade and installation of storm sewer within Country Home Heights, including Egan Avenue, Burnside Avenue, Ranier Lane, Inland Road, Vilas Lane, Fairlawn Place, and Beam Lane. • The revisions detailed in the change order address the excavation and grading of Pond HP-4 in the Country Home Park and the bituminous overlay of Egan Avenue and portions of the various 1998 overlay projects. • The pond grading was needed to comply with the ponding requirements in the City's Stormwater Management Plan (1990). The additional bituminous overlay work was performed on the side street approaches from the adjacent county roads to insure uniform maintenance on the neighborhood streets. • The cost of the work is based upon the original bid prices for all of the relevant bid items. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of$31,005.75 (5.05% of original contract) which will be the responsibility of the Major Street Fund ($22,163.75) and the Storm Sewer Trunk Fund($8,842.00). ATTACHMENTS: Change Order No. 1,pages Ythrough city of eagan CONTRACT#: 98-17 CHANGE ORDER#: 1 PROJECT#: 717R DATE: May 3 1999 PROJECT NAME: Counn Home Heights PROJECT DESCRIPTION: Upgrading of the existing gravel streets to concrete curb and gutter,aggregate base and bituminous surfacing. Also lateral storm sewer construction to provide for required storm water runoff. CONTRACTOR: Danner Inc. ENGINEER: City of Eagan - 843 Hardman Ave. S. 3830 Pilot Knob Rd. S. St. Paul MN 55075 Eagan MN 55122 DESCRIPTION OF CHANGE ORDER WORK: Excavation and grading for Pond HP-4 and related piping located in the Country Home Park and edge milling and 1"bituminous overlay on approximately 350 LF of Eagan Avenue. Also,miscellaneous edge milling and 1"bituminous overlay on several street entrances that abut on Pilot Knob Road for the 1998 overlay projects of Wilderness Run,Donnywood and Evergreen Park Additions. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: The City of Eagan Storm Sewer Comp Plan shows that Pond HP-4 is to be utilized for storm water retention. Pond HP-4 is designed and will be graded to a dry pond status. The pond will retain storm water but will drain dry after a period of time. The decision for edge milling and 1"bituminous overlay on the street entrances abutting Pilot Knob Road, including Eagan Avenue,was based on the bituminous condition and also having the surface condition the same for timing of the . future sealcoating and overlays. DESCRIPTION OF WORK ITEMS: UNIT TOTAL NO. ITEM UNIT QTY PRICE PRICE 1. Mobilization L.S. 1 $8,500.00 $8,500.00 2. Traffic Control L.S. 1 $1,000.00 $1,000.00 3. Bit.Edge Mill(0"x3/4"x6') S.Y. 1225 $4.25 $5,206.25 4. 1"Type 41A,Wear Course Ton 225 $25.50 $5,737.50 5. Bit. Material for Tack Coat Gal. 100 $1.50 $150.00 6. Adjust Manhole EA 5 $110.00 $550.00 7. Adjust Gate Valve EA 3 $100.00 $300.00 8. Repair Gate Valve L.F. 4 $80.00 $320.00 9. Casting Assembly 1642-B San. Sewer EA 1 $400.00 $400.00 25 $8.00 $4,200.00 C.Y 5 10. Common Excavation $2.40 $3,000.00 it. Sodding,Type A- Pond Area S.Y. 1250 12. 24" Connection to Ex. M.H. EA 1 $1,000.00 $1,000.00 13. 24" HDPE Storm Sewer L.F. 6 $17.00 $102.00 14. 24"CMP Apron W/Safety Slope EA 1 $540.00 $540.00 Grate- See MnDOT St. Plate 3148A � 5 TOTAL= $31,005.75 CONTRACT STATUS TIME/COMPLETION DATE AMOUNT Original Contract: _ July 1, 1999 $ 613,482 25 Change Order: July 1. 1999 S 31,005.75 Subtotal of Previous Change Orders: $ 0.00 This Change Order: S 31,005.75 New Subtotal of All Change Orders: S 31.005.75 Revise Contract: $ 644,488.00 Percent Increase or Decrease for this Change Order to Original Contract Amount: +5.05% Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: +5.05% RECOMMENDED BOR APPR AL: Y Project Ma ager Contractor By: Date: City Department Maner City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 City 2-Contractor t - Engineer GIENGINEER/FORMS&LISTS/98-17 CO I �6 Agenda Information Memo May 18, 1999 Eagan City Council Meeting N. FINAL SUBDIVISION (TOWNPLACE SUITES ADDITION)—CSM LODGING, L.L.C. ACTION TO BE CONSIDERED: To approve the Final Subdivision (TownPlace Suites Addition) consisting of 2 lots located in the southeast 1/4 of Section 16. FACTS: ➢ The subject property is currently described as Lot 1,Block 1,Duckwood Bluff. ➢ The Preliminary Subdivision was approved by Council action on March 2, 1999. ➢ The financial guarantees and Development Contract are in order and ready for execution. ATTACHMENTS (1): ry )0- Final Subdivision drawing, page Yd W � W CV ►rwmt tt t C A l- w ! M�1 A•.f Yrs.,•�� R•1i aMM 71 1 1 � --•wI.ww•Yw w•.+ -R�a a w s W.s r.s ta+1P) ; �1'Y,V�r1�M = i I 1 I� 1 LIVOK 3.15.*%t -- R-,?as /___L 1 i rT Cl) 1 , s W1 � = co r F . . 1 � .. • •• 11 . t, Agenda Information Memo May 18, 1999, Eagan City Council O. FINAL PLAT (STARKS ADDITION)—GARY STARKS ACTION TO BE CONSIDERED: • To approve a Final Plat(Starks Addition) consisting of one lot at 3125 Dodd Road in the NW '/<of Section 12. FACTS: • Starks Addition combines the existing parcel containing Starks Cafe and Restaurant with Outlot A, Kwik Trip Eagan Addition. The replatting of these parcels into a single lot was required as a condition of the Kwik Trip Eagan Addition subdivision. ATTACHMENT Final Plat,page,L � 9 I i _ fitR ! # # I #x # at i= z au -all 3 s a e is r. fy6 4 U r e•�`JJ / I \ F. J Y !c• / 6S •c j ob gA •�, / V , a•tn g SLA i •r•luyi^nnai �i�r.r-r..;ti•rvn.,vnv-r �: y r .r vrn �Ji/rJ���✓rrv,rra r.3 s- d y os is r ALO.01.w !a \ ,7r vrr .�L�rC7 \ rrriLa•:r. v ry�r,r r.J.i -r rrvrr r�ir� I ONOd cA ` II ✓q rwu 00. 1� r ■ s of I i I � I SO Agenda Information Memo May 18, 1999 City Council Meeting P. CHANGE ORDER No. 6, Cascade BE FOR COUNCIL ACTION: To approve Change Order#6 in the amount of$13,943.00. FACTS: This change order is the result of several change directives as outlined below: ■ Swanson Plumbing and Heating- Revise the pool heater vents from two vents at 12" to two at 24" because of error in mechanical design for pool heaters. The original design specified smaller vents based on smaller heaters. $4,216.00 ■ RJM- Delete seven 90 degree elbows at surge tank. The State Health Department indicates that these are not needed as the water level in the surge tank is below the return lines. (981.00) ■ Burnsville Electric -Change in electrical relay from 24 pole contacts to 7-2 pole contacts. This will allow for area lighting to be shut off/on in specified areas in the pool. 2,240.00 ■ Kellington- Provide 2 temporary enclosures over sections of the pool deck to allow for forming and pouring of concrete. 2,447.00 ■ RJM- Delete the wall depth markers on the lazy river. The State Health Department concurs that these depth markings are not required. (1,982.00) ■ Swanson Plumbing & Heating- A design error was made in the location of the waste rough-in for toilets in 2 rooms. A change order was required to meet ADA requirements. 374.00 ■ Kellington- A change in deck drains (34) from a permanent drain cover to removable drains to allow for clean-out. 527.00 ■ Kellington- Provided 2 operable, sliding windows with thumb locks in admissions in lieu of voice cut-outs. 581.00 • Kellington- Add a Simplex mechanical door lock on staff door in bathhouse building. This provides for staff admission yet secures the building from unauthorized use. 1,404.00 ■ Swanson- Add 2 trench drains; one located outside locker rooms and one at circular area southwest of admissions building to correct drainage problem. 1,224.00 ■ Kellington- Pool deck framing on Saturday, March 27. 779.00 ■ Kellington-Construct concrete block wall partition in room 111 and 201 to provide ADA clearance between water closet and sink due to design error. 1,163.00 • Kellington- Pool deck framing on Saturday, April 10. 779.00 ■ Swanson- Add fire damper to PH chemical room in mechanical building and route exhaust through sidewall. Department of Health requirement. 643.00 ■ Kellington- Add air intake louvers to chemical room doors in mechanical building to insure air flow. Department of Health requirement. 529.00 $13,943.00 Recap of Change Orders to date: C.O.1 ($36,000.00) C.0. 2 27,201.00 C.O. 3 1,540.00 C.O. 4 (39,600.00) C.O. 5 (3,051.00) C.O.6 13,943.00 TOTAL: ($30,%7.00) CONCERNS: None ATTACHMENTS: None sc;L Agenda Information Memo May 18, 1999, Eagan City Council Meeting Q. FINAL SUBDIVISION (PINETREE PASS 4TH ADDITION) LUNDGREN BROTHERS CONSTRUCTION ACTION TO BE CONSIDERED: To approve a Final Subdivision (Pinetree Pass 4th Addition) consisting of twenty single family lots located in the NE '/4 of Section 33. FACTS: • The Preliminary Subdivision was approved by Council action on December 16, 1997. • The financial guarantees and Development Contract are expected to be in order and ready for exection by the Council meeting. ATTACHMENTS (1): Final Subdivision drawing,page S3 1 ' i II 1' lil f/+ ^ F FSR e 19 e^. .vs Io.m+wn+Audi LI ,.•.a� °Vei! '�'l. �'\ s• fir' 00 ` r p r ; P, ll 11 0 1 Ilk c sai i N t.1 i. l i l I a�• e i ,r•!t. a I,'.•rr`r ••),•�1 ,'rear •��•, ' bra � I I ; u' (;I 141 1. . Ll WL R' rd'st ti i �.•� ;,r U t (� i °. \'1� �[-!��.IAle e...• e�.��/1 $y^, IL I , +:•\\ / � ° 5�,.��n tl a -�„r/--i :.R w� 00 !1 .- `� 1 W j {6••1 ` .� MJ 2.iLeiQS— t :` r e190 sit \ ��1 ��i,� /�rW i•', r ii M ! J \ i� F- " / jj1 1 yy i'9.'e� Q1444,�`'SS, :dee.�� ♦ ` 4 L Li? Cf)CL uj •.J/r • � ♦'�r'r.lr r- fI G 1'. � bis \ W e l 11 1 1 ^ ' n. / , I I r� I 1 r •+ i i ' i i N Ri �i i °8 •P ,P / r rt a I /I 11 1 - _ w.. tri v�� / v•.1��[i i�� viv .uv.aJ i.,a.�vw.� $H$eR n. IL LJm LJ to e y �..��� k P � I r � •,'gra r,' y� j' n t � '• 47:rMe� . -eii E' _ ewe a•. Agenda Information Memo May 18, 1999 Eagan City Council VI. PUBLIC HEARINGS A. VARIANCES-THE ADKINS ASSOCIATION INC FOR U.S.-WEST (1075 LONE OAK ROAD) ACTION TO BE CONSIDERED: • To approve a continuation of a request for Variances for 1)for 42%building coverage which exceeds the 35%maximum; 2)to allow 7 parking stalls instead of the required 27 stalls; and 3) to allow a zero parking lot setback to the Lone Oak Road right-of-way, all on property located at 1075 Lone Oak Road, legally described as Lot 2,Block 1, Bell Lexington Addition, in the SW '/4 of Section 2. FACTS: • The applicant, The Adkins Association, Inc., has requested a continuation of this application indefinitely. The applicant will contact the City at such time as they are ready to proceed. ATTACHMENTS: Applicant correspondence dated May 12, 1999,page �s� 224 6621 MAY, -12' 99 (WED) 15 :31 .ADKINS ASSOCIATION TEL: 274-6621 P. 01 the ADKINS ASSOCIATION inc. A R C H I T E C T S 9o1 Yerferson Avenue Saint Paul , MN 55102 . 2999 F A X 2 2 4 . 6 6 2 1 (651) 224 . 1 358 MEMORANDUM DATE: May 12, 1999 TO: City of Eagan Planning Department Attention: Pam FROM: Burnell D. Olson, AIA Vice President (applicant) RE: US WEST—Lexington Digital 1075 Lone Oak Road Eagan, Minnesota ADKINS Project No. 3086.04 SUBJECT: Postponement of Variance Please postpone the Application for Variance submitted to you by the ADKINS ASSOCIATION inc_, for the above property owned by US WEST indefinitely. We will notify you when we are ready to proceed with placing the Application on the agenda for a future council meeting_ /nlf An Agenda Information Memo May 18, 1999 Eagan City Council Meeting B. VARIANCE (LOT COVERAGE)-JAMES AND DEBRA BURNS ACTION TO BE CONSIDERED: To approve a 2 percent Variance to the maximum 20 percent lot coverage requirement applied to Lot 10, Block 1, Pinetree Forest located in the SE '/a of Section 26. FACTS: ➢ The subject property is zoned R-1, Single Family Residential. ➢ According to section 11.20 Subd. 6.F of the City Code: All buildings including accessory buildings together(within residential zoning districts)shall not cover more than 20 percent of the site area. The applicants are proposing to construct a 2,740 square foot building footprint upon their 12,440 square foot lot resulting in a lot coverage of 22 percent. Staff noted to the applicants that the conversion of the four season porch to a deck would eliminate the need for the lot coverage variance. The applicants contend however, that the elimination of the four season porch will reduce the livability of their home. ➢ According to the applicant, the hardship for the requested variance is based on the following factors: 1. A desire for additional living space within the dwelling unit and; 2. Treatment equitable to other homes in the subdivision(which exceed 20 percent lot coverage) and; 3. Approval of the variance will not negatively impact surrounding properties. ATTACHMENTS (1) Staff report,pages through.40 v PLANNING REPORT CITY OF EAGAN REPORT DATE: May 5, 1999 CASE: 36-VA-06-05-99 APPLICANT: James and Debra Burns HEARING DATE: May 18, 1999 PROPERTY OWNER: James and Debra Burns PREPARED BY: Bob Kirmis REQUEST: Variance (lot coverage) LOCATION: Lot 10, Block 1, Pinetree Forest COMPREHENSIVE PLAN: D-I, Single Family(0-3 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST James and Debra Burns are requesting approval of a two percent Variance from the maximum 20 percent lot coverage requirement for a single family residential property located at 4969 Pine Lane (Lot 10, Block 1 Pinetree Forest). Specifically, the Burns' are proposing to construct a 2,740 square foot building footprint upon a 12,440 square foot lot resulting in a lot coverage of 22 percent. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. z"T Planning Report—Burns Variance May 18, 1999 Page 2 CODE REQUIREMENTS The subject property is zoned R-1, Single Family Residential. According to section 11.20 Subd. 6.17 of the City Code: All buildings including accessory buildings together (within residential zoning districts) shall not cover more than 20 percent of the site area. As mentioned previously, the applicants are proposing to construct a home with a 2,740 square foot footprint upon a 12,440 square foot lot resulting in a lot coverage of 22 percent. EXISTING CONDITIONS The Pinetree Forest subdivision was approved in the fall of 1997. The R-1 zoning designation establishes a minimum lot size requirement of 12,000 square feet. The lot in question is vacant and measures 12,440 square feet in size with a buildable area of approximately 6,510 square feet (following imposition of setbacks). The site is bounded on the north and east by single family detached homes, on the south by an outlot and on the west by property guided for future single family residential development. According to the Burns', they have made contact with neighboring property owners who have voiced general support of the project. EVALUATION OF REQUEST The applicant is proposing to construct a two story, four bedroom home which has been custom designed. All applicable R-1 district setbacks have been met. Staff noted to the applicants that the conversion of the four season porch to a deck would eliminate the need for the lot coverage variance. The applicants contend however, that the elimination of the four season porch will reduce the livability of their home (see attached applicant correspondence). It has been further noted by the applicants that lot coverage concerns have been of issue previously in this particular development and that several homes have been constructed within the subdivision which exceed the 20 percent coverage threshold. Thus, they have requested equitable treatment. According to information provided by the Inspection Division, approximately 85 percent of the total 50 lots within the Pinetree Forest subdivision have been developed. Of the developed lots, a total of three exhibit lot coverages greater than twenty percent. Lots developed in excess of 20 percent coverage were not detected at the time the building permits were issued. Specific lot locations and coverage percentages are illustrated upon an attachment to this report. Planning Report—Burns Variance May 18, 1999 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested variance is based on the following factors: 1. A desire for additional living space within the dwelling unit and; 2. Treatment equitable to other homes in the subdivision (which exceed 20 percent lot coverage) and; 3. Approval of the variance will not negatively impact surrounding properties. SUMMARY/CONCLUSION The applicant is requesting a 2 percent variance from the maximum 20 percent lot coverage requirement imposed in residential zoning districts. A determination of whether or not the applicant has sufficiently demonstrated hardship is considered a policy matter to be determined by City Officials. Within the attached correspondence, the applicant's have suggested that the City reconsider the 20 percent lot coverage requirement or grant a lot coverage variance for the entire Pinetree Forest subdivision at some future point. Such action may serve to "legalize" existing lot coverages within the subdivision and provide greater opportunity for future home additions. Decisions related to these suggestions are however, considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve or deny a 2 percent Variance from the required 20 percent lot coverage requirement applied to Lot 10, Block 1 Pinetree Forest. Location Map �yy k i a xrr YR M ..E F a ruA C.$A.N.NO.32(CUFF ROAD) CA.AM.NO.32 ® +NIW Ci p s d se j! i J�J � e�w 0 !O0 r r a o • Aa � s `e. 0 = 04 Ar O e U ! ar s J! °t O F c 8a Subject Site 1000 0 1000 Feet 1"=1000' Development/Developer.. James and Debra Burns Application: Variance Case No.: 36-VA-06-05-99 N Mea Prepared using ERSI ArcNAew a1.Pa d base map Wan n on provided by Dakota Cannrd y LaSurvey Depwbm t and is airent as d Apdi 1999. W+ E City of Eagan C -Xsft!)&M0PrrW#Depmurow THIS MAP IS INTENDED FOR REFERENCE USE ONLY 5 The City of Eagan and Dakota County do not guarantee the accuracy of this information. CORTIMIC04TE oF SU;z /E� FOR: Jim Burns W I � o I i I „ NORTH L — a , , , 138.16 I i s7 ILT S8904>'5Z'F 90 5'.� i '►� �6 I _ _:' n 30.50 •0 —' � TRACK 0 BA K 10 DRAINAGE do U77UTY I 28.6 0 10 EASEMENT I ^' 1 I W_ I I n o r 3 ropose CNI T I 1^ Driveway z W IIN ,, o I 6l: I ra.o s.of L o I !NV x--� -4 � 1 967 3' r T111", C14+ � u� I y � H 2.0 —� I `-' W 1 "� I a4 8 H 30.5 �p - x u I -_ ,' 2.0 o I Z a Porch I Q : to 50.3 14.0 41.5 '• w 10 — J 10 I Ca h Basinl 73. 30.50 — I N89.41'52"�' �� --4i 138.,29 I oIT I o W PROPOSED ELEvAnONS: D o i- � GARAGE FLOOR 980.3 I^ a I TOP OF BLOCK = 980.7 (13 cs w/o) I nI LOWEST FLOOR = 971.9 I I TOP OF FOOTING - 971.6 DIAG: 43.50 x 92.80 = 102.49 <ZD DENOTES PROPOSED ELEVATION. X1011.2 DENOTES EXISTING ELEVATION. / DENOTES DIRECTION OF DRAINAGE. ® DENOTES WOOD HUB AT 11 FOOT OFFSET. Lot 10, Block 1, PINETREE FOREST, Dakota County, Minnesota. Scale 1"= 30' • Denotes Iron Monument Bearin Datum: Assumed jJob No. 99117HL7Drwg By ERV I hereby certify that this plan, survey or report was prepared by me E. (3. RUD 4 SONS, INC or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minneso . LANG SURvEYORB E G p, INC. 9180 LLXINGTON AVE. NO. Dated this 20�4 CIRCLE PINE day of APS+ 1999 M nnesota License No.P53µ 58O1-4-3625 7 SURVEY .I�11 .��IIm111mIN .�Nm1NN•INN•IINNR11�N0111w .�N�i�m11�iNm11QNf11� N�• ' �N■1 � � _ .� 11�1��_= , ~ ''�IN�I�INm111N►''�I�N�I� �,, � 1 ■■ ■■■- -_= app°•' � _ ■■■p z mom ME ■ - - ��_ i t.■i mom MEE ..■; OEM uw--=�mmw=_w=_ ■■■■ __==_—=nen.—�-urn:=-�� 1 ==-���■�■__�unnumn�unann_--==�uno�unu=`iw�4ieui=-_ _— u■- -■■■-====== is 3= ■■■ = ■■■--_= —_ MEE Zz = t■■ =---Ems == __ = u■-_ ■■■_ N ■ __-- t■■-_ ■■■ = == _== ■■■ _-■■■ __ -_ ..mill III III IIIml��ml��ml����l��m .�il��ml��ml��mu��ml��ml���>.l���n,I��ml��ml�:•�■���■�■���■�■���■u .�i�nllll�l�ill�nllli/I/111�i/111�I�1/1�I�111�I�111�1�111/n1111l1�111�1►11�I�111�I�111 1111111211111111��l��m������1����11����1���i�l���n,l���i�l���r�l���i�l����l��mf:�.'.: _— u��ml��ml��ml��ml��m1= l1�1�111�1�111�I�111�I�111�1�111 ===== mom moi '■■■■■■: _. i I - , M_a� aG-=ate G- �„ Mw� _aima�� '•'..M.' L _ 1 :� �� a��a�� � !11"IIIIII'�III�IIIIII'�III��IIII� eaG-eiaG-eaG-=■ G- ■tom-.aG-_��- ea�-eaG-=��-=a ��-ear-�aG-tea: �� aG-maaG-_aG� G�oalG�maaG�ma��� J tea— �— i I a 0 H N My1�'P N1YP YP�V• la'X 141I'P IO'-6�• 1'_Q• If Ntiw N1r'P Sgy�.p' I 7M1'P F11NO' •P r . 3-71 T/O•ML I X on thx I i I �3-II T/D',ML � 71 1 •M I - rawP swP mmu I I ' soot 3-11 Tro'ML aw I I 6�• D�T�� 4'-Ila4' r..• I i _ re LS' I '�'_1 3'-4�' 3,_13, Z,�• 3'-b•�' 3 2• 9-1�• I rtT GA9® n HS Z-9 V2*MJ — rj• z`. �oee I -it0 I I 1- in'ML I O �o Z-9 VZ'M� IIIA — — — — (- - - d W-O"x T-6'OND. Z-II 1/D'ML III '� r� l � III Z-11 T/C'ML I I 11 VL 16 3 I IC' I L I s.atiw• soyw In Y�o'r.o FOLIO $$ y'_1• 6 FLOOR PLAN LOTS WITH BUILDING COVERAGES EXCEEDING 20 PERCENT rSE ' QRLQT A 4 5 6 7 8 9 r, UT E 17 14 15 16 17 i HIDDEN 16 - SPRUCE ST. - - CORNER PARK 1 11 10 0 is 13 ( 12 9 m 14 2 ` Q ... I V 21% 3 13 i 4 14 7 I 12 IN. S EA E. i 1 s I1s 6 I 11 :•:. I 16 5 10 7 17 4 I I Li 18 3 8 e g I i 12 c 19 2 9 7 V w O� Z6 F SITE a 20 1 - ' S OUTLOT A 2 'i23% 4 i 120th ST. W. SEC . 9 010-29 aoe�E���uevo�Tif � Ty OF EAGAN Is NOT RESPONSIBLE - - - - - - - - - - SE 1 /4 SEC 6� BUILDING COVERAGE SURVEY April 27, 1999 Jim & Deb Burns 4577 Cliff ridge Court Eagan, MN 55123 TO: Eagan City Council RE: Variance Request—A Deck Vs A 4-Season Porch We have been Eagan residents for the past ten years. Eagan is a great city, and it is our desire to remain in Eagan for a very long time. We have spent the past four years looking for a lot on which to build our dream home. Unfortunately,this is not easy to do in Eagan. Large developers (i.e. Lundgren Bros., Plute, etc.)are purchasing most of the available land,which forces one to build with one of them. We wish to control the quality of materials and construction ourselves. We do not wish to pay their overhead and profit. We are certain you understand the owner benefit of the competitive bidding process. This is the same reason our city government receives competitive bids on nearly everything it buys. Fortunately, we found and purchased a lot(Lot 10, Blk. 1)in the Pinetree Forest Development. My wife and I have spent the last two years designing our ideal home. We believe it is a home that will add value to the neighborhood. It is a moderately large 4-bedroom home with a formal dining room,a first floor office,a large kitchen, a mudroom,a beautiful entryway, a family room, garage, and, hopefully,a four-season porch. City code will not allow us to build the home we have designed. It seems the developer in an attempt to save several trees designed the lots too small. As we understand the code,the foundation under"roofed areas"must be less than 20 percent of the lot area. The code will allow us to build a deck(no roof)but it will not allow us to build a beautiful 4-season porch. The 4-season porch is a significant extension of our small family room. The only fireplace in the house is located on the porch. Like most families,most of our time together will be spent in the kitchen/family room/porch area. To remove this room would dramatically reduce the livability of our home. We are unable to remove this significant amount of area from another portion of our plan. Unless we are given permission for a variance we are left with only three choices: (1) Remove the porch and replace it with a deck; (2)choose another plan and build a house other than our dream home;(3) buy a lot elsewhere. As you can imagine, none of these options are very appealing to us. Building codes serve a valuable purpose by protecting all of us from unsightly construction. However, even though the codes were designed with good intentions, some of them can become obsolete or unfair. Does it not seem odd to you that our city code will allow us to build a deck, but not a four season porch?! According to some of our neighbors,they have already encountered similar problems. Others are unaware this problem exists. Their builders are under no obligation to inform them that they might have this same problem when they wish to add their future 4- season porches. According to the planning department,the developer should have submitted for a variance for this entire development. He chose not to, because he was having no problem selling C12r APPLICANT CORRESPONDENCE 04/27/99 Variance Request Page 2 his lots even at prices of$75,000 per lot. Remember, he is the only developer we found who would allow us free choice in builders. The planning department indicated to us that the lots for this entire development are small compared to the houses being built. They indicated that most of the homes are already at 19%to 20%. There is even some controversy about whether some of the existing homes may have already exceeded the 20 percent limit. It would seem that the Burns family is not alone in our predicament. It seems that perhaps the time is right for the city to review this 20 percent rule. We understand there is a good intention here,but given Eagan's lack of remaining land and the pricing of this land,we expect many other future residents may experience similar problems. Additionally, it has a very negative effect of encouraging people to build smaller houses,thus reducing our tax revenues. We suspect that the 20 percent rule was chosen because it is a nice"round"number. Perhaps this number should change to one that is not so round. Or perhaps the city could include the 12-15 foot setback from the street in the equation. (The part lot owners must tend to,but in reality,do not own.) This really is part of the lot, (even though the city owns it)and would allow approximately 10 percent more foundation size while still keeping the nice round 20 percent number. Additionally, it seems odd that the rules allow for a deck,but not a four-season porch. The Pinetree Forest is a beautiful development. There are several beautiful and moderately expensive homes here which will provide a great additional tax base for Eagan. The existing code will not allow several of these owners to build more expensive homes effectively reducing the Eagan tax base. In the long term, we ask that you reconsider the current code or at least a variance for the entire Pinetree Forest development. In the immediate term, we want to thank you for your consideration of our request for a variance for our home. Our dream home can still be a reality with your help. Sincerely, a es W. Burns Debra A. Burns Agenda Information Memo May 18, 1999 C PROJECT 7171, COUNTRY HOME HEIGHTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the final assessment roll for Project 717R(Country Home Heights — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 717R provided for the upgrade of Egan Avenue, Burnside Avenue, Ranier Lane, Inland Road, Vilas Lane, Fairlawn Place, and Beam Lane, all within Country Home Heights (Southwest '/o of Section 3). The project also included the installation of storm sewer facilities. • The final assessment roll was presented to the City Council on April 20, 1999, with a public hearing being scheduled for May 18 to formally present the final costs associated with this public improvement to the affected benefiting properties. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held May 11, to address the property owners' questions and provide any additional information of interest. Of the parcels being assessed, 2 property owners representing 2 properties attended the meeting. ATTACHMENTS: • Final Assessment Summary,page • Minutes From Informational Neighborhood Meeting,pages &��.. �0 FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER- 717R ASSESSMENT- May 18, 1999 NAME- Country Home Heights IMPROVEMENT- May 5, 1998 Street Reconstruction IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat.Benefit/trunk ❑ Lat.Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral 0 Reconstruction $4,000.00 $4,000.00 /Lot ❑ Service ❑ Multi Fam Equiv. ❑ Lat.Benefit/trunk ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water&San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $250,000 F.R. $391,200 F.R. 98-17 68 15 Years 6.5% $264,000.00 $449,005.83 COMMENTS: COUNTRY HOME HEIGHTS STREET IMPROVEMENTS CITY PROJECT NO. 717R FINAL ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING TUESDAY, MAY 11, 1999, 6:30 P.M. Attendance: John Gorder — Design/ Development Engineer. Two people representing two properties (See attached sign-in sheet). Gorder provided the residents with a brief overview of the project cost and status. The meeting was then opened to any questions or comments from the residents. Ouestions/Comments 1. Have traffic counts been taken on Egan Avenue before and after the project? I think delivery truck traffic has increased since the project. Traffic counts were taken before the project started (24-hour count = approximately 170 vehicles). City staff will take counts in the near future and provide the information to the resident. 2. I think a protective cover should be put over the open pipe in my boulevard area. City maintenance crews will install a trash guard over the pipe end within the next two weeks. 3. Will the cracked curb throughout the project be repaired before the final layer of blacktop is placed? Yes. 4. Why haven't the petitioned stop signs been installed at Egan Avenue and Burnside Avenue? Stop signs are appropriate at this intersection and will be installed by the City in the near future. S. Is the assessment still proposed at $4,000 per residence? Yes, subject to approval by the Council. The meeting adjourned at 6:55 p.m. INFORMATIONAL MEETING COUNTRY HOME HEIGHTS TUESDAY, MAY 11, 1999, 6:30 P.M. NAME ADDRESS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-I N.Sheet Agenda Information Memo May 18, 1999 Eagan City Council VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (APOLLO BUSINESS PARK)—DUKE REALTY INVESTMENTS. ACTION TO BE CONSIDERED: • To approve a Preliminary Subdivision to create two lots and one outlot, with Variances to create parcels without public street frontage and for zero pavement setback on side yards to allow for shared loading areas, on property located on the south side of Apollo Road east of Neil Armstrong Blvd. in the north 1/2 of Section 12, subject to the conditions listed in the APC minutes. FACTS: • The 20.5-acre site is vacant. A rail siding cuts through the southwest corner of the site. Portions of the site exhibit newer vegetative growth and appear to have been previously graded. • Duke Realty Investments proposes two office/warehouse buildings on the northerly 11.1 acres of the site. The buildings are 64,000 and 86,400 square feet, and each is proposed to have about 30% office space. The back 9.5 acres is proposed to remain an Outlot to be developed in the,future. • Access is proposed from Apollo Road at the east end of this site. A private drive is proposed to be extended to the south to serve Lot 2 and Outlot A. The private drive will run along the east property line and provide a connection between this development and the adjacent Apollo Distribution Center to the east. • The Advisory Planning Commission held a public hearing on April 27, 1999, and did recommend approval, subject to the conditions in the APC minutes. ISSUES: • Because of the amount of tree removal and mitigation, the Advisory Parks and Recreation Commission had their Natural Resources Subcommittee review the plans in detail. Consequently, the full APrC has not yet made a recommendation on the tree preservation plans, but will do so at their regular meeting on May 17, 1999. Staff will inform the Council of the APrC's recommendation at the Council meeting on May 18, 1999. ATTACHMENTS: April 27, 1999, APC Minutes, pages 7S through Staff Report, pages 9 through Page 8 April 27, 1999 ADVISORY PLANNING COMMISSION PRELIMINARY SUBDIVISION DUKE REALTY INVESTMENTS Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Apollo Business Park) of approximately 21 acres consisting of two commercial lots and one outlot, legally described as Part of lot 7, Block 4, Eagandale Center Industrial Park No. 3 according to the plat thereof, a Variance to create parcels without public street frontage and a Variance to allow a zero side-yard setback for parking, located on Apollo Road in the NWY4 of Section 11. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated April 20, 1999, which addressed the creation of three lots and the applicant's request for variances. Ms. Dudziak indicated that the Natural Resources Subcommittee of the Advisory Park and Recreation Commission was asked to review the possible tree mitigation alternatives resulting from the removal of 100% of the vegetation on site. The applicant addressed the Commission stating that the development plan no longer required the five-foot variance to the east lot line. In response to an inquiry from the Commission the applicant stated that the whole site needed to be graded and in fact approximately 70,000 cubic yards of material had to be removed from the site. No one from the public addressed the Commission. Chair Heyl closed the public hearing. Member Tilley asked if funds could be set aside for the planting of trees elsewhere in the City. The applicant stated that it was his intention to reforest other sites in the City that the applicant has developed. Member Steininger stated that he was familiar with the site and found most of the trees to be junk and overgrowth. In answering a question from the Commission, City Attorney Dougherty stated that as part of the Development Contract the City could maintain security funds to assure that the mitigation trees were planted as agreed upon between the applicant and the City. The applicant indicated that upon balancing the site it would be necessary to seed the southern lot for erosion control purposes. Member Steininger moved, Member Huusko seconded, a motion to recommend approval of Preliminary Subdivision (Apollo Business Park) of approximately 21 acres consisting of two commercial lots and one outlot, legally described as Part of lot 7, Block 4, Eagandale Center Industrial Park No. 3 according to the plat thereof, with a Variance to create parcels without public street frontage, subject to the following conditions: General 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, B4, C1, C2, C4, D1, and El 9's- Page 9 April 27, 1999 ADVISORY PLANNING CONIIvIISSION 2. The property shall be platted. 3. Unless otherwise granted by variance, all structures must satisfy the required minimum setbacks for the I-1 zoning district. Landscape 4. The final landscape plan shall be revised to eliminate off-site landscaping. GradingiDrainage 5. The final grading plan shall be revised to reflect graded slopes of 3:1 or gentler. 6. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control standards. 7. The design and construction of the storm water pond (Pond EP-11) shall provide for a minimum one-foot elevation difference between the pond's calculated high water level and the top of the berm surrounding the pond. Water Qualitt 8. The development shall meet its water quality mitigation requirement through a combination of ponding and cash dedication. Ponding shall consist of the construction of Pond EP-11 and the cash dedication is based on the impervious characteristics of the developed lots and the affected downstream waterbodies and is anticipated to be in the amount of$17,700. 9. The proposed ponding area shall be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .52 acres and 1.3 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins. Utilities 10. The developer shall provide verification that the private systems were constructed to City standards for public utilities (including appropriate industry standard test results, televising reports, specifications and as-built record plans). If the utilities are not to City public standards, the development's water main and sanitary sewer systems shall be connected to the public utility system within Apollo Road. 11. To maintain access to the proposed water main pipe along the west edge of the site, large-growth landscaping shall not be placed within the drainage and utility easement area over this pipe. Page 10 April 27, 1999 ADVISORY PLANNING COMMISSION Streets/Access/Circulation 12. The site plan shall be adjusted so that the private drive is located entirely within this development site. Easements/Permits/Right-of-Way 13. The developer shall prepare private ingress/egress easements for Lot 2 over Lot 1, and for Outlot A over Lots 1 and 2, as well as ingress/egress easements for this site and the adjacent lot to the east (Lot 2, Block 1, Apollo Addition) to allow access and circulation between the developments. These easement documents shall be submitted for review and approval by the City Attorney prior to final plat approval. 14. The developer shall obtain drainage and utility easements for the portions of the utility lines (sanitary sewer and water main) on Lot 1, Block 2, Apollo Addition which will become public with connection by this development. Tree Preservation 15. T ree mitigation shall be provided as recommended by the Advisory Parks and Recreation Commission. 16. A Final Tree Mitigation Plan indicating location, quantity, size and species of mitigation plant materials, as well as the timing of reforestation efforts, and/or any cash mitigation amount, be submitted for review and approval by the City Forester prior to issuance of a grading permit and commencement of any grading activities on the site. 17. This development shall be subject to cash park and trail dedications. The 1999 rates for these dedications are $3,376.00 per acre and $920.00 per acre. All voted in favor. Member Steininger moved, Member Segal seconded, a motion to recommend approval of a Variance to the five-foot sideyard payment setback to allow chair loading areas between Lots 1 and 2, subject to the following condition: 1. The access drive serving Lot 2 and. Outlot A shall be accommodated entirely within this development site, and not across the lot line onto Apollo Addition. All voted in favor. Chair Heyl noted that the Variance to the five-foot sideyard pavement setback from the east lot line was withdrawn by the applicant. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 1999 CASE: ll-PS-06-03-99 APPLICANT: Duke Realty Investments HEARING DATE: April 27, 1999 PROPERTY OWNER: Duke Realty Investments PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision LOCATION: 900 Apollo Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Duke Realty Investments is proposing a Preliminary Subdivision of approximately 20.5 acres (Apollo Business Park) to create two lots and one outlot. The request includes Variances to create parcels without public street frontage, and for zero pavement setback on side yards to allow for shared loading areas between the two buildings and for separation of parking and driving lanes. The site is located south of Apollo Road, east of Neil Armstrong Boulevard, in the N '/z of Section 11. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage Planning Report—Duke Realty Investments April 27, 1999 Page 2 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled"City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization"which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the"Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY Eagandale Center Industrial Park No. 3 was platted in 1969. Lot 7, Block 4, was a single 60-acre parcel and originally consisted of this site and the two lots to the east. Lot 7 was split into two parcels which created this 20-acre site, and in 1971, the building now occupied by Anchor Plastics was constructed on the easterly 40 acres. In 1996, the 40 acres was again split into two parcels (Apollo Subdivision) and the Apollo Distribution Center was constructed in 1997. Planning Report—Duke Realty Investments April 27, 1999 Page 3 EXISTING CONDITIONS The 20.5-acre site is vacant. A rail siding cuts through the southwest corner of the site. The north half of the site has two knolls that rise about 25 and 33 feet. The south half of the site rises toward the southwest corner, with an elevation change of about 35 feet. Portions of the site exhibit newer vegetative growth and appear to have been previously graded. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Manufacturing uses—zoned I-1 (Limited Industrial); guided IND (Limited Industrial) South - Eagandale Corporate Center—zoned I-1; guided IND East - Apollo Distribution Center—zoned I-1; guided IND West - Hilex—zoned I-1, guided IND EVALUATION OF REQUEST Description of Proposal - Duke Realty Investments proposes two office/warehouse buildings on the northerly 11.1 acres. The buildings are 64,000 and 86,400 square feet, and each is proposed to have about 30% office space. The amount of parking shown satisifies the code requirements for this ratio of uses. Parking stalls are nine feet wide, which the city has found acceptable for employee parking for office and warehouse uses in the past. The proposed buildings are 28.5 feet in height, and made of precast concrete and glass. Access is proposed from Apollo Road at the east end of this site. A private drive would be extended to the south to serve Lot 2 and Outlot A. Utilities are available within the Apollo Road right-of-way. The private drive is proposed to run along the east property line and provides a connection between this development and the Apollo Distribution Center to the east. Compatibility with Surrounding Area—The office/warehouse use is a permitted use in the I-1 zoning district. Surrounding properties are also zoned I-1 and most are already developed with similar industrial uses. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. A very small portion of the north end of the site may be within Noise Zone 3. Within both Noise Zones 3 and 4, industrial development is considered to be consistent. Lots—The proposed lots meet the I-1 minimum lot size (1/2 acre) and width (100 feet) standards. �0 Planning Report—Duke Realty Investments April 27, 1999 Page 4 Landscapes—The landscape plan appears to satisfy the screening requirements of the ordinance. Islands are provided to break up expansive parking lots. Substantial landscaping is proposed around the drainage pond at the front of the development. Landscaping is shown on the adjacent property to the east. Off-site landscaping cannot be used to satisfy the landscape requirements. Therefore, the final landscape plan should be revised to eliminate off-site landscaping. The landscape plan appears fairly ambitious and staff encourages the developer to make sure that the type and quantity of plant materials provides sufficient growth room and snow storage. Grading_—The preliminary grading plan is acceptable with some modifications. The site generally slopes to the north toward Apollo Road. The final grading plan should be revised to reflect graded slopes of 3:1 or gentler. The developer should be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control standards. Storm Drainage—The preliminary storm drainage plan is acceptable with some modifications. Storm water runoff from the site will drain through storm sewer to a proposed storm water pond near Apollo Road (Pond EP-11 As designated in the City Storm Water Management Plan— 1990). Pond EP-11 will drain to existing storm sewer within Apollo Road. The design and construction of Pond EP-11 should provide for a minimum one-foot elevation difference between the pond's calculated high water level and the top of the berm surrounding the pond. Water Quality/Wetlands—This development is located in Drainage Basin E in central northeast Eagan. The development will generate runoff that is designed to discharge to EP-11 (the on-site ponding area), which is designated as a stormwater management basin in the city's water quality management plan. Pond EP-11 then discharges to Pond EP-1, an 8.4-acre pond designated as a nutrient trap, which is connected to EP-2 via an equalizer pipe. Pond EP-2 is designated as a recreational water body and therefore warrants a higher level of protection. Pond EP-1 discharges to Pond FP-1, an 18-acre pond also designated as a nutrient trap,which in turn discharges to Pond FP-14, a designated stormwater management basin, which then discharges to the Minnesota River bottomlands. There is one recreational classified water body downstream of the proposed development. The Advisory Parks and Recreation Commission(APrQ recommends that the development meet its water quality mitigation requirement partly through on-site ponding, through the construction of EP-11, and the remainder through a cash dedication in the amount of$17,700. The proposed ponding area should be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .52 acres and 1.3 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins. There are no jurisdictional wetlands within the development area. U / Planning Report—Duke Realty Investments April 27, 1999 Page 5 Utilities—The preliminary utility plan is acceptable with some modifications The development's sanitary sewer and water main systems are proposed to connect to the private utility systems within Lot 2, Block 1, Apollo Addition to the east. By virtue of these connections, the private systems within the Apollo Addition will become public since they would serve more than one property. The developer should provide verification that the private systems were constructed to City standards for public utilities (including appropriate industry standard test results, televising reports, specifications and as-built record plans.) If the utilities are not to City public standards, the development's water main and sanitary sewer systems should be connected to the public utility system within Apollo Road. To maintain proper access to the proposed water main pipe along the west edge of the site, large- growth landscaping should not be placed within the drainage and utility easement area over this pipe. Access/Street Design—Access to the site is proposed from one driveway on Apollo Road to the north and from a connection with the existing parking lot on Lot 2, Block 1, Apollo Addition to the east. The developer has requested a Variance to the City Code requirement of public street access for Lot 2 and Outlot A. In lieu of a public street extension for these lots, the developer is proposing to construct at 24 to 30-foot wide private service drive along the east edge of the development. Part of the drive is proposed to be located on the adjacent property, Lot 2, Block 1, Apollo Addition and the site plan should be adjusted so that the drive is accommodated entirely on this development site. Additionally, if the variance is approved, the developer should prepare private ingress/egress easements for Lot 2 over Lot 1, and for Outlot A over Lots 1 and 2, as well as ingress/egress easements for this site and Lot 2, Block 1, Apollo Addition to the east to allow access and circulation between the developments. Easements/Rights of Way/Permits—The developer should obtain drainage and utility easements for the portions of the utility lines (sanitary sewer and water main) on Lot 1, Block 2 Apollo Addition which will become public with connection by this development. As mentioned previously, the developer should prepare private ingress/egress easements for Lot 2 over Lot 1, and for Outlot A over Lots 1 and 2, as well as ingress/egress easements for this site and the adjacent lot to the east (Lot 2, Block 1, Apollo Addition) to allow access and circulation between the developments. These easement documents should be submitted for review and approval by the City Attorney prior to final plat approval. Tree Preservation—The site is approximately 75% wooded with a variety of hardwood and softwood deciduous trees. A tree inventory has been prepared and submitted for this proposed development. It indicates that there are 127 significant hardwood trees, 56 significant softwood trees, and 129,200 square feet of significant woodlands. Because of the size of the wooded area, staff has met on several occasions with the applicant's representative (Gene F. Ernst, Ernst Associates) with the purpose of determining the most accurate method of inventorying the trees on site. The information provided in the previous paragraph reflects this most recent inventory. Planning Report—Duke Realty Investments April 27, 1999 Page 6 The development as proposed will result in the removal of 100% of the vegetation on site. According to the City of Eagan Tree Preservation Ordinance, allowable removal for this type of development(multiple-lot single-phase commercial) is set at 47.5%of the existing significant trees and woodlands. With a significant tree and woodland removal in excess of allowable limits there will be tree mitigation applied to this application. As the development is currently proposed, tree mitigation calculates to the installation of 236 Category A trees, or 472 Category B trees, or 944 Category C trees. The cash mitigation equivalent in lieu of reforestation is $141,600.00. The applicant has indicated that they intend to perform mitigation through reforestation efforts on various properties within the City of Eagan owned or developed by Duke Realty. The Advisory Parks and Recreation Commission asked that the Natural Resources Subcommittee review this development proposal and possible mitigation alternatives and that the subcommittee make a recommendation to the full APrC to be considered at their regular May meeting. For this reason, we do not have a recommendation on the tree preservation plan to pass on to the APC at this time, however, the APrC will consider this items again and make a recommendation prior to the City Council meeting. The conditions at the end of this report indicate that tree mitigation should be provided according to the recommendation of the APrC, and that a final Tree Mitigation Plan indicating location, quantity, size and species of mitigation plant materials, as well as the timing of reforestation efforts, and/or any cash mitigation amount, be submitted for review and approval by the City Forester prior to issuance of a grading permit and commencement of any grading activities on the site. Parks and Recreation—This site will be subject to cash park and trail dedications. The 1999 rates for these dedications are $3,376.00 per acre and $920.00 per acre. Setbacks—The I-1 district requires minimum setbacks of 40 feet in the front yard, and 20 feet from side and rear lot lines. Parking lots and paved areas must be a minimum of 20 feet from a public right-of-way and 5 feet from side and rear lot lines. The screening wall attached to the northeast corner of Building 1 must be shortened to meet the 20 foot structure setback from the lot line. A Variance to the 5-foot side yard setback for pavement is requested to allow for a shared loading area between the buildings on Lots 1 and 2, and for the access drive along the east lot line. Shared loading and maneuvering areas offer some efficiencies within the development and it is not an unusual design in this type of industrial development. Along the east lot line, separating the drive lane for through traffic from the parking area requires a median and a separate drive aisle to serve the parking lot, which increases the width of the paved area. The access drive is shown straddling the east lot line and as discussed earlier in this report, the site plan should be adjusted to accommodate the drive entirely within this development site. With the development plan as proposed, the five-foot setback may be difficult to accommodate while still providing the necessary separation of parking from through-traffic and therefore, the o3 Planning Report—Duke Realty Investments April 27, 1999 Page 7 Variance would not necessarily be eliminated by such adjustments. However, it appears that if Building 2 were made slightly smaller, the five-foot pavement setback on the east side could be provided and the variance eliminated by shifting the parking lot and median to the west. Building Architecture/Materials—The proposed buildings are 28.5 feet in height, and made of precast concrete and glass. The exterior materials and design appear to satisfy the architectural standards in the City Code. Si a e—No signage plan was submitted. All signage will be subject to the standards of the City Sign Code. Li htin —A lighting plan was not submitted. The development will be held to the lighting standards in the City Code which states: "On-site lighting shall be provided as is necessary for security, safety and traffic circulation. Lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be indirect and diffused." SUMMARY/CONCLUSION Duke Realty Investments is proposing a Preliminary Subdivision of approximately 20.5 acres (Apollo Business Park) to create two lots and one outlot. The request includes Variances to create parcels without public street frontage, and for zero pavement setback on side yards to allow for shared loading areas between the two buildings and for separation of parking and driving lanes. The city has approved variances for lots without street frontage in the past and variances to allow shared loading and maneuvering areas are not uncommon due to the efficiencies provided between similar uses. The proposed development appears to satisfy other I-1 zoning requirements. The largest issue is tree preservation. With 100% removal of significant vegetation, a substantial amount of mitigation is required. The developer agrees to meet their mitigation obligation, and will work with staff to provide acceptable reforestation on other sites throughout the city. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Preliminary Subdivision with a Variance to create parcels without public street frontage. If approved, the following conditions should apply. General 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Bl, B2, B4, Cl, C2, C4, Dl, and E1 2. The property shall be platted. g � Planning Report—Duke Realty Investments April 27, 1999 Page 8 3. Unless otherwise granted by variance, all structures must satisfy the required minimum setbacks for the I-1 zoning district. Landscape 4. The final landscape plan shall be revised to eliminate off-site landscaping. Grading/Drainage 5. The final grading plan shall be revised to reflect graded slopes of 3:1 or gentler. 6. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control standards. 7. The design and construction of the storm water pond(Pond EP-11) shall provide for a minimum one-foot elevation difference between the pond's calculated high water level and the top of the berm surrounding the pond. Water Quality 8. The development shall meet its water quality mitigation requirement through a combination of ponding and cash dedication. Ponding shall consist of the construction of Pond EP-11 and the cash dedication is based on the impervious characteristics of the developed lots and the affected downstream waterbodies and is anticipated to be in the amount of$17,700. 9. The proposed ponding area shall be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .52 acres and 1.3 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins. Utilities 10. The developer shall provide verification that the private systems were constructed to City standards for public utilities (including appropriate industry standard test results, televising reports, specifications and as-built record plans). If the utilities are not to City public standards, the development's water main and sanitary sewer systems shall be connected to the public utility system within Apollo Road. 11. To maintain access to the proposed water main pipe along the west edge of the site, large- growth landscaping shall not be placed within the drainage and utility easement area over this pipe. VI Planning Report—Duke Realty Investments April 27, 1999 Page 9 Streets/Access/Circulation 12. The site plan shall be adjusted so that the private drive is located entirely within this development site. Easements/Permits/Right-of-Way 13. The developer shall prepare private ingress/egress easements for Lot 2 over Lot 1, and for Outlot A over Lots 1 and 2, as well as ingress/egress easements for this site and the adjacent lot to the east(Lot 2, Block 1, Apollo Addition) to allow access and circulation between the developments. These easement documents shall be submitted for review and approval by the City Attorney prior to final plat approval. 14. The developer shall obtain drainage and utility easements for the portions of the utility lines (sanitary sewer and water main) on Lot 1, Block 2, Apollo Addition which will become public with connection by this development. Tree Preservation 15. Tree mitigation shall be provided as recommended by the Advisory Parks and Recreation Commission. 16. A Final Tree Mitigation Plan indicating location, quantity, size and species of mitigation plant materials, as well as the timing of reforestation efforts, and/or any cash mitigation amount, be submitted for review and approval by the City Forester prior to issuance of a grading permit and commencement of any grading activities on the site. 17. This development shall be subject to cash park and trail dedications. The 1999 rates for these dedications are $3,376.00 per acre and $920.00 per acre. B. To recommend approval or denial of a Variance to the five-foot side yard pavement setback to allow shared loading areas between Lots 1 and 2. C. To recommend approval or denial of a Variance to the five-foot side yard pavement setback for the private drive from the east lot line. If approved, the following condition should be attached: 1. The access drive serving Lot 2 and Outlot A shall be accommodated entirely within this development site, and not across the lot line onto Apollo Addition. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs 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. F 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 n/ �l FINANCIAL OBLIGATION—Apollo Business Park There are pay-off balances of special assessments totaling $-$1,871- on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT None -p- TOTAL $-0- Location Map aim rrrrrrrrrrrri � � � i� � f S t ea.�.M.no.as Iwwe oua am.� • { � s S ' s Sub'ect Site c I NPu * ' 3 � s - .000 iml WINe, )Ia • , � iii ,0� � . i i 1000 0 1000 Feet 1"=1000' Development/Developer. Apollo Business Park Application: Preliminary Subdivision Case No.: 11-PS-06-03-99 v/Ja N MaP prepaod uairg 6iS1 McVf—31. Pacd base map infm Shan provided by Dakota Canty Lad Svvey Depatrnert ad is narrenl W as d Decentiar1938. E City of Eagan /, THIS MAP IS INTENDED FOR REFERENCE USE ONLY S The City of Eagan and Dakota County do not guarantee the accuracy of this information. Zoning and Comprehensive Guide Plan Apollo Business Park Land Use Map Case No. 11-PS-06-03-99 Zoning Map F1 Current Zoning: TP -1 Limited Industrial F, 1-, 1-1 � F1 1-, P we • foe tfaa ►..t 71 Comprehensive Guide Plan Land Use Map I IND IND F—T 00, Current Land Use Designation: IND IND Limited Industrial IND IP IND IND w• • we uw r..e ..._ ►areal bas•np lnftlon poadby o.bee.Com"Land& y e•Parbown VW99. N . / zedny Int—d..pmlld.d by Larnaaea 0,-*1•••and npdatsd by qty stiff. City of Eagan 2_ wE Caw1z*yDeve/0pI/W#DWW&n THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. 5 VICINITY MAP PR XANMRYP"r OF � APOLLO BUSINESS PARK A -..,,...., n.,..u.a i -------------'--r--- --•---•-- --i Il....w.... .� i <� •rM�a« I I c• sw- /1A AIf1A jI .ar.n�ti ra _._ .s... M---- - O LOT 2 CJ CJ I , ni ------------- ------•--------- --------_-- ice.. I' c• �.r�..,.w...� , r• R L.v LTJ \\\�\� -J ►����� CJ _.....I__....—. I wrrr�r._...�.`� yr.et '� .�� • „r v<..c...•.r_- r LII fl /oereyVL,LLC. 3, PRELIMINARY PLAT A 17_ ROAD 1 1 1 1 00 $ rt a ao A I� qu -dill- IU100106100 f� 9>~ 1111 LIQA lilt HII 111 HI rM.111111111 III om 1 1 1 1 .. 1 � 1 1 1 I � l > I I 1 + � 1 I 1 T.: IN SITE PLAN I ar sr I' -- — -- :a:r u' I T II W 4 __ 41111111 m 11 r, I�Fe.C s ' • 1 r•' � �noQoo66 . a I 32 It m --------------------------- - m � 9 3 t 1 x ; W I I i � I � N■ I In PRELIMINARY -�� UTILITY PLAN _• —.-..._.-.-A-P- 14-0_-_•_--aa_-RO-hP.--_---_--- - — If TI �. Itll �� MAR. 17. 1999 10:0-AM 9UNDE LAND 9UR','EYING N0.242 F.2/2 —- i 1 VIC/NI T Y MAP am•FLA T OF APOLLO BUSINESS PARK ri /.cr � ,ems, ,yPtj ' t; ;..• • E�; A' Wr 'A 1 v/• y .11 T . C' '` A' - L,J ebr. �. y C� .I........rr C? .:_ I I l_ �, �. •'� r �_ E — ._...Y•I.JIHM 11..rh1w 11. .may y[ y /C�•• Ila IL }��� — � _ .� 11 ��� ►1.... _"i."�`.-...n. r1r.tr- I i•r. .c , I pt IL po 17 t \ \F\ a{. Cts;+„// � 'f'f•\\\ \ \I f 1 �� n3+... LIQm—HIM— \�`\\\�\ �,s� /// ..� •r` 1^/ � _; -� �G'-�r..�• LQ =� ��� - 1 //sonde&&"for-y%g,M:!r. ----- EXISTING CONDITIONS & TREE INVENTORY fol �INIu41 m- IM, WIN, .26