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06/15/1999 - City Council Regular AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JUNE 15,1999 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) 2 A. RECEIVE and accept the December 31,1998 Comprehensive Annual Financial Report B. APPOINTMENT to DTED Airport Task Force C. IMPLEMENTATION Schedule of Emergency Prevention Water Conservation Plan V. CONSENT AGENDA(PINK) n A. PERSONNEL ITEMS ,0/.3 B. LOCAL Transit Tax Levy Option / 1'7 C' FINAL SUBDIVISION,Hittner Addition-Keith Hittner D. FINAL PLAT,Oakbrooke Second Addition-Pulte Homes of MN,Inc. 01 E. FINAL SUBDIVISION,Noreen Addition-James Noreen 3 F. FINAL SUBDIVISION,Amoco Second Addition-Amoco Oil Company � as' G. FINAL PLAT,Shaller Addition-Scott and Cabrini Shaller 1. g' H. FINAL SUBDIVISION-Oakview Center-Holiday Stationstores,Inc. 3 b I. RESOLUTION setting public hearing-Forrest Ridge Multifamily Housing Revenue Bonds refinancing ,(' CONSIDER amendment to Cable Franchise Ordinance No.101,Article II,Section 4,extending the n franchise term to September 1,1999 3 / K. CONTRACT 99-09,approve plans&specs,order ad for bids(Advent United Methodist Church) 3 9 L. CONSIDER application for temporary on-sale liquor license and shows license for the Eagan EspressFest to be held July 29t',,30th,and 31St M. LICENSE RENEWALS,service stations and amusement devices N. RATIFICATION of temporary on-sale liquor license for the Eagan Foundation for the Byerly's Recreation Scholarship Fund Event VI. 7:00-PUBLIC HEARINGS(SALMON) A. VARIANCE,H.Charles Ahlberg,to the rear-yard setback for a garage on Lot 7,Burrview Acres located at 565 Chapel Lane / S� B. VACATION of drainage&utility easement(Advent United Methodist Church) VII. OLD BUSINESS(ORCHID) P6-6A. RECONSIDERATION,Interim Use Permit-ISD 191 condition of approval VIII. NEW BUSINESS(TAN) n S 8 A. EXPRESS Route 77C changes(Covington area) / 6V B. INTEREST reimbursement request-Blomquist(Project 725,Oak Chase Street Reconstruction) C. PRELIMINARY SUBDIVISION-Mickey and Ceil Kieffer,(Kieffer Addition),to create one lot O with an existing home and one outlot legally described as Lot 4,Block 7,Hills of Stonebridge, located at 700 Stonebridge Circle in the NE 1/a of Section 24 a D. PRELIMINARY SUBDIVISION-Heritage Development(Cherrywood Knoll)of 12.1 acres and a REZONING from A(Agricultural)to R-1 (Single Family)to create 23 single family lots,with VARIANCES to the cul-de-sac length and to reduce front yard setbacks,located at the east end of Chapel Lane and south of Highway 55 in the NE 1/4 of Section 12 IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE(GREY) X. ADMINISTRATIVE AGENDA(GREEN) XI. VISITORS TO BE HEARD(for those persons not on agenda) XII. ADJOURNMENT XIII. 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 6/11/99- 1:20 p.m. f • Joint City Council and Advisory Planning Commission May 6, 1999 Page 1 of 4 MINUTES OF THE JOINT ADVISORY PLANM[riQ COMMISSION AND EAGAN CITY COUNCIL AN,MINNESOTA A joint Advisory Planning Ce_pezission and Eagan City Council meeting was held on Thursday, March 6, 1999 at 5:30 p.m-mac=the City Council Chambers of the Eagan Municipal Center Building. Present were Mayor Awada and Councilmembers Blomquist, Carlson, Bakken and Masin. Advisory Planning Commission members present included Chair Carla Heyl,Greg Steininger,Jerry Segal, Larry Frank,Meg Tilley and Ron Miller. Also present were City Administrator Hedges, Director of Public Works Colbert, Senior Planner Ridley,Planner Farnham, and Intern to the City Adri t ittrator R*thmann. Advisory Planning Commission members Gale Anderson and Gary IIRi ko werd sent. TRAJ;FIC;SYGNAL SIGN Administrator Hedges presertG ffie' ig1l"I aT t ilf'Vt:* laced at the intersection of Wescott and Lexington. The sign will notify the public of the informative meeting regarding the placement of a traffic signal at Wescott and Lexington. The Council agreed the sign would be appropriate. JOINT APC AND COUNCIL REVIEW OF PAEVOM GUIDE PLAN Administrator Hedges providi :a:6Mv oft comprehensive guide plan process. He stated that the intent is to distribute ttie rQA0;draft o i'a plan to surrounding municipalities and school districts to begin the required revia :# o:oxplained the meeting was set to review the sections of the plan and give direction where ne'e'dtd :15*ft.cular sections of the plan. Administrator Hedges reminded the group that the diakp iik;is available at City Hall for review. Planner Farnham commented that two copies will also be available at the Dakota County Library- Wescott branch, in Eagan. Planner Farnham provided a brief summary of the introduction section of the comprehensive plan. A suggestion was:diddpp expAW4h0 wording of bus system to public transportation system to include all t es::dF:piiirllcli : r r;i he group agreed on the change. Planner Farnham provided *�rief summary of the community background section of the comprehensive plan. There was a c woern reg4.$*hg the preservation of the Minnesota River Valley. Planner Farnham confirmed #i,'tth*.-*MbxbnM r Valley plus an adjacent strip of prairie land has been preserved. •••• '••' There was a concern regarding the continual change of demographics in the City and if the City has a plan to respond to these changes. Planner Farnham responded that the City does not currently have a plan. Meg Tilley suggQ :l4gJpg this item on a"to do"list to concentrate on in the future. Planner Farnham provided a:-&kription of the liti i#:use section of the comprehensive plan. Mayor Awada questioned hoW:kbe City can restrict lke division of property on half acre lots and how can the City encourage thi6&qu 4ensity;d,qcelcs li ents. Planner Farnham stated that the Joint City Council and Advisory Planning Commission May 6, 1999 Page 2 of 4 i land use category dictates the density and the zoning dictates the use. Planner Farnham further stated that in the zoning,there is a miginaum lot size and maybe it is the R-1 minimum lot size Ihat needs to be reviewed. Councilmai�itr Blomquist stated that she is concerned that the proposed 04 units per acre density alfows people with large lots to subdivide. She further stated that this should be mentioned in the n ,is'i?QF;tltlif ? ii including in the zoning policies. Larry Frank stated that if the intent -one acre or greater lots the structure of the wording needs to be cbi.ged. Mayor Awada stated that the homes that are on quarter acre lots need to be compatib"th the guide plan. Planner Farnham stated that 04 density was included in the new land use designation because it reflects what exists for single family development. She stated zoning is where control can best be gained and the land use section of the plan provides guidelines. Councilmember Blomquist commented that the initial concern was regarding one large development,that has now been developed, so the comprehensive guide plan must firm.%I i.3he large,:jot zoning and the comprehensive guide can cover the smaller lots in a different n4Aer. C40#lmember Carlson stated that she is concerned about older neighborhoods that are ini4ested in#i��aining how they currently are and the zoning allows property in their neighborhooR be subdivided because if a request for new development occurs,the city must accept the devel***" :to i?01k Ci t pm. She further stated the 0-4 density must be clarified so residents will be g wee a ca# t#Zapproval for subdivision. Planner Farnham stated that the zoning of property will control the lot size. Coucilmember Bakken stated large lots could be guided low denity but lot size controlled through zoning. The City could establish very strict performance standards for new small lot subdivisions. Mayor Awada stated that zoning categories must be stricter to prevent litigation in the future. Councilmember Blomquist commented that the Council didn't initiate,rez, "ifg inthe Lone Oaks area,but it was requested by petition for estate zoning by the,:prcj ji bi3iiiers. Jerry Segal stated that in older cities in the country lots have contin�ed: t: eaEtnIiei )cause of the need for additional housing at lower costs. Larry Frank questioned whether or noi'fiie:}?irCtion of the plan was an appropriate location to include recreation uses. Councilmember Cafilsti'it�ed that there are many designations for private property and there is only one designation for public property. Parks have many different intensities of use. Planner Farnham stated that the zoning ordinance is very vague and doesn't differentiate between types of parks,churches,and other quasi-public uses.There are many types of intensities of public property and the land use can remain the same,however the zoning should be amended to control the.iRtcu4ity. Councilmember Carlson questioned whether the public would understand that there:;t)Z. Y0:j*aps-16' sA :at. Planner Farnham stated that it is the function of staff to explain the di# [ence in-1p z.::r4ining and the comprehensive guide plan. .•:: Mayor Awada stated that the staff wifNeed to p?ovide more education to residents regarding the. difference between the two. Adminkit4tor HecW :questioned the difference between Capom Park and other public property. Chaff y;q d.*J�4 the goal of the Comprehensive Plan is and if it is to include quasi-public tk.*ili: itiiii<iiT i©r:§ki�sider it as a public facility. She questioned how to compare golf courses to City parks. Councilmember Masin stated the parks need to be accompanied with a description, such as passive vs. active park,regardless of what map they look at. Planner Farnham stated that there are sQ;:rgW.*jj iEli c f public facilities that would cause a very confusing land use map. She not t the park sit t2on includes a map specifically identifying parks by type of use and iiW'Sity. Councilor 'ber Carlson suggested to change the zoning map to make it more detailed,:.Ron Miller stated that typically when a resident decides to buy a home,they look at the compre}#sive plan to see,tlii 41ture land use map and then the zoning map for current zoning. Cod that there already are two park r , Joint City Council and Advisory Planning Commission May 6, 1999 Page 3 of 4 designations on the land use map. Councilmember Bakken stated that the comprehensive plan land use map should be as simple as possible and the zoning should have the details. Jerry Segal stated that when a map is&Aped with finite exactness,it becomes risky and suggested to keep it general to prevent questions. Councilmember Masin stated that flexibility is essential and it must be user-friendly c: 't; clear by identify what the City X. currently has. Larry Frank suggested:iiii:•idCat the ark ma'sesf�id�� :£q p p if interested in how active a park is. Planner Franham sta"ahat land use is a guide and zoning can differentiate between intensities. Meg Tilley sugg4t creating a park map more detailed by breaking it down into classifications and adding narratives to the descriptions. Councilmember Bakken stated that there is a cross-reference to the 1994 Park Plan for further description. Mayor Awada stated that the comprehensive guide map is sufficient, but suggested making some revisions to the zoning map. Councilmember Bakken suggested to:9�ep the IA use map as is and reference the other sections of the plan. Chair Heyl stated that itiquld alsQd,$fferentiate between green space and recreational uses. The Advisory PlariMhg Com.Qsion and City Council suggested that staff 1) provide more examples of uses alloy lt-;- t#p g bk�:pl3r •land should be shown as park. Planner Farnham provided a brief summary•of the airports section. Mayor Awada suggested the Airport Relations Commission review the narrative of the airports section. Planner Farnham provided a brief summary of the public utilities section and stated that the sewer plan was updated in 1991 and the water supply plan wa$. ted in 1996 and the water quality plan is currently being updated. She further sti $ ti+c'ill be contacting Director of Public Works Colbert for further input and a: :vi31'.Whdi0ed showing the location of the individual sewer treatment systems. Planner Farnham provided a brief overview'i5ftlte 1? ik&ytem Plan. Chair Heyl commented on the narrow focus of the park title. Councilmemberoirt3sl suggested the title of the section should be the Parks and Recreation Systems Plan to include''all park and recreational activities. Councilmember Masin stated that trails are becoming a large part of the overall transportation system. Planner Farnham stated that transportation trails are addressed in the transportation section. Planner Farnham gave an introduction:;p' Etura ; iipcti es section. There were no comments. Planner Farnham provided a summapy:ipf the Hpt*ing Section. Larry Frank stated that he felt many people could visualize where# s ? .it 1 Roj may be the most appropriate and further commented that a successful public't�;a*4.-s5;�r it j??1 u3ore achievable than affordable housing. Greg Steininger stated that there is an inconsistency with housing and economic development, since people want to live where they work but there aren't enough places to live near work they can afford. He further stated that this should be noted in the comprehensive plan. Mayor Awada stated that an answer may be better public transit. Planner Farnham mentioned focusing on home fix-up programs and tcB€:l:s i?iuyers programs as an option to retain ........ existing affordable housing. Council eife'r'Ma'stn•V that one level buildings are not a good use of land and further commented ftt two and three stW i-:buildings with a mix of uses should be a future priority. Planner Farnham Mated that there is fitl7;eady a shortage of land for new mixed use developments,however iofe ideas can be use : pr special redevelopment districts. Joint City Council and Advisory Planning Commission May 6, 1999 Page 4 of 4 Planner Farnham provided a summary..gf the Economic Development Section. Greg Steininger questioned whether a Community Dei!6* ment Agency should be established. Councilmember Blomquist stated that she doesn't see a:heed presently,but possibly in the future for redevelopment purposes. Staff was ditegtck# plan the need to consider it in the future. ............ .... Planner Farnham provided a summarxb :the Community Facilities Section and stated that a map of historical sites is being developed.'Councilmember Masin suggested including the Arts and Humanities Society Organization in the review of the section. Jerry Segal questioned if this was an appropriate place to address public safety in the comprehensive plan. Planner Farnham noted that this section describes the public safety facilities and includes some policies in that regard. Mayor Awada stated that with minor`***` ificati :a draft plan is ready for review. The group thanked and complimented the Compt3iensive Qikle Committee and staff. Councilmember Blomquist gave a special thank you tb Manner Fsii7iham for her hard work. Mayor Awada suggested Tuesday,July 13 from 6:3QIt:si?::M;&3.0.P;p:•:as;4t:jneeting date for a public open house for an informal staff and comprehensiaco git r':t0h,'ire;Ming. Jerry suggested putting the plan on the City website. Administrator Hedges commented that a strategy should be determined for performance measures and to develop criteria for evaluating goals once they have been adopted within the compreehnssive guide plan. OTHER BUSINZ,58::. Mayor Awada stated that the Frig. **':* eY en is presently holding their tree distribution. She stated there are ovey. * volunteers nd great quality trees. Mayor Awada encouraged people to visit the distributiaiy:Iifo:..N[gor'Awada mentioned the Eagan Forever Green trees on sale also on Saturday from 9:0( : : : 00 P.M. ADJOURNMENT"'" The meeting adjourned at 7:50 p.m. HJR/TLH Date ' City Administrator Special City Council Minutes s May 6, 1999 Page 1 of 2 MINUTES OF THE SPECIAL MEETII _:OF THE EAGAN CITY COUNCIL Elk?�.,�r,�iAN,MINNESOTA A special meeting of the Eagan i-ity Council was held on Thursday,May 6, 1999 at 4:30 p.m. in the City Council Chambers ofthe an Municipal Center Building. Present were Mayor Awada and Councilmembers Blomquist, Carlson, and Bakken. Also present were City Administrator Hedges, Director of Public Works Colbert, Senior Planner Ridley,and Intern to the City Administrator Rathmann. Councilmember Masin arrived at 4:40 p.m. ROLL C #; . & AC,•f, DA ADOPTION Mayor Awada stated that she 1?etxWj:Jft:#q.:rw&p;<i; comment regarding the Eagan Forever Green tree distribution after ifeiir C&--O:>l.#e: 04N. Councilmember Blomquist made a motion to adopt the agenda to include the change and Councilmember Bakken seconded the motion. All Councilmembers voted in favor. VISITORS TO BE HEARD Mayor Awada acknowledged visitors,to,bg ...3-- iere were no visitors present interested in speaking on items not listet ;o>; }2 :aaiii ; KOLLOFSKI ADD1:1 Q I PRC ERTY DISPOSAL (wisp Administrator Hedges provided a summary of whatvaas detailed in the Council packet concerning the Kollofski Addition. He further mentioned that late Thursday afternoon the City staff had some information presented by the parties involved. Senior Planner Ridley gave a brief-history of the Highway 55 TIF area stating that the redevelopment district was created in.W ,: �urtk - the primary purpose of a redevelopment district is to remove tt: hted aiii}:}rt$1Stif'land uses. To date,the city has acquired land and had the homes ren ed or deftWished in the Kollofski Addition and along Lone Oak Road in addition to the removal of tw-a-flighted commercial buildings. In March of 1998,at a City Council Workshop,tl a 4l, wi&d some direction to the City Staff on how the staff would deal with the dispositkksA tt}ii . iiSli acquiring the Kollofski Addition. He further stated the Council was interested in a comprehensive master development plan since the area is considered a gateway into the City. Senior Planner Ridley further stated that the hope from staff was that the two most affected parties,Wispark and Imre,would work together to develop a master plan that would positively affect,bothparties. Since an agreement was not reached,the two parties met with the Ad Commission on several occasions to review separate master plans with the,gl iii iale'goa�ii ii ing a recommendation to the Council to assist them in the dispositii' itif the city held:':*:':*** erty. Special City Council Minutes May 6, 1999 Page 2 of 2 Greg Miller from Wispark statW.that the company has a large interest in the land with the intent to create-a business park and a rW�r plan for the area. When developing a plan to redevelop the area there has been a great deal of discussion between Wispark and the Imre's. Although there is a great deal of respe:b#0*Wfk. Imre,there is a difference regarding proposed development of thi''piOoertq ".ilated that Wispark was contacted by Randy McKay at Frauenshuh CompWO.and he stated that Lure's and Frauenshuh are interested in forming a joint venture for the purpp;o of developing the Imre's holdings. Commonalties have been discussed and Mr. Miller stated that within the next thirty days the three parties will be able to create a development plan. Mr.Miller asked the Council to hold any actions for thirty days while Wispark, Lure and Frauenshuh work on a joint development plan to bring back to Council for review. Randy McKay,from the Fraiimhuh Cdittpanies was present and stated.that he is looking forward to working on a developmO#:plan wit3i Vispark and Imre's. Mary Lure, the owner of the Imre property stated that for the past 30 years-the intent was to purchase additional land for expansion. Ms. Imre stated she is loping a plan that will benefit all involved. .......... .......... All Councilmembers agreed that a decision will be made after the thirty days. OTHER BUSINESS Mayor Awada stated that the Eagan FQW;d*1.?l reeii is presently holding their tree distribution. She stated there are oveF;f?sir# ?yQiiteeiand great quality trees. Mayor Awada encouraged people to visit the distrilitit bh site. AD. 15 The meeting adjourned at 4:50 p.m. TLH/hjr Date City Administrator MW MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan,Minnesota June 1,1999 A regular meeting of the Eagan(*J.-i?--ouncil was held on Tuesday,June 1,1999 at 6:30 p.m.at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin,Blomquist,Carlson and Bakken. Also present were City Adn�*jp k1b;f:;1` g* F4 :Senior Planner'Mike Ridley,Director of Public Works Tom Colbert,and City Attoii AGENDA Mayor Awada noted that Councilmember Masin would be commenting on the significance of the Memorial Day holiday under Department Head Business as Item AA. She also noted that Item A, Personnel Items,would be separated from the Consent Agenda and moved to Item B of Old Business. Mayor Awada moved,Councilni tber BaIQ� seconded a motion to approve the agenda as modified. Councilmember Masin requested;that I#eA►�.C,,I.1� d L be separated from the Consent Agenda and considered under Old Business. Mayor Awada mentioned that Councilmember Masin would be providing a report under Legislative/Intergovernmental Affairs regarding appointments to AMM Policy Committees. She further mentioned that a change to the upcoming Special City Council meeting date would be discussed under Department Head Business. City Administrator Hedges noted that.Ikei�i l:i onsent Agenda would be continued. A vote was taken on the motiori%"Aye:;5 Nay: 0 MINUTES OF THEMAY2 fir £ ULAR MEETING Councilmember Masin requested that the st sentence the first paragraph under Round Table on page six be changed as follows,"Councilmember Masin mentioned that she attended the Center for Transportation Studies'Annual Meeting and said the speaker discussed America's dependence on automobiles in comparison to other countries and presented transportation alternatives to the automobile." Councilmember Bakken moved-*.- ricitiii t IMl'soh seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 4 MINUTES OF 3 AR1Kg:-J4*.* 9 SPECIAL MEETING Councilmember Masin noted a typo grapl iici et't'bY'iti'ffie last paragraph on page two and requested the word link be changed to length. Councilmember Blomquist moved,Councilmember Bakken seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 DEP ' IENT HEATY-SUSINESS HOLIDA :RECOGNITIONS:..ON CABLE Councilmember Masin comm eil} tuie:af r5f Memorial Day and commended those individuals,both past and present,who have served in the armed forces. EAGAN CITY COUNCIL MEETING MINUTES;JUNE 1,19999 , PAGE 2 Councilmember Masin moved,Councilmember Blomquist seconded a motion to direct staff to recognize holidays such as Memorial Days; veterans Day,and July 4th on cable government channel 16 and also via other media. Aye: 5 Nay: 0 CONTRACT 99-03,YANKE" t �# �.�TING-LOGO SELECTION Director of Public Works Colber, vided an overview on this item. Councilmember Blomquist moved,Councilmember Masin seconded a motion to approve Alternate"B" for the logo design for Contract 99-03(Yankee Doodle Road Reservoir-Repainting). Aye: 5 Nay: 0 WESCOTT ROAD; 7D LEXINGTON AVENUE CORRIDOR STUDY City Administrator Hedges proVdded an ov&.View on this item. Director of Public Works Colbert gave a staff report. Councilmember Masin suggested*:.%' - --' iL' 7 gns be integrated at the Lexington Avenue and Wescott Road intersection. May Awacfa saicJ t1iaE'the Council could discuss design elements at a future work session. , Councilmember Bakken moved,Mayor Awada seconded a motion to receive the Corridor Study for Wescott Road and Lexington Avenue and directed that the skudy be kept on file pending further Council action. Councilmember Carlson stated lerire''EO'imps fnent various recommendations of the study. Director of Public Works Colbert stated`it r-eparation:i f.a detailed study or analysis should be direcetd by the Council as a whore due to related cOW-.:;C-ofti�mber Carlson said that school safety warranted further consideration. She asked how much it woiifcf;c-!ahtJt(?• atall flashing yellow lights identifying school crossings within school zones in the corridor. She gift $ted that a traffic control signal be installed at Wescott Road and T.H.149. Director of Public Works Colbert stated that MnDOT is currently evaluating the feasibility of submitting an application requesting regional funding for signalization at Wescott and T.H. 149. He further stated that if MnDOT does not subsit m application_the City should initiate the request. Mayor Awada offered a friend l :;aMend §!S-thcourage MnDOT to submit an application for funding to assist in the installation of a$igiial at WLtt Road and T.H. 149 and to direct the investigation of flashing yellow lights or other traffic: tigationsures adjacent to Glacier Hills and Woodland Elementary Schools. Councilmember BiAkkeRocceipt ie amendment. Councilmembers Masin and Blomquist concurred wifli'Councilmember Carlson's concern for school crossing safety. A vote was taken on the motion. Aye: 5 Nay: 0 SPECIQt ff Ct13Z ;:MEETING Councilmember Carlson movelt*lfouncilmember Baffin seconded a motion to schedule a Special City Council meeting for June�t x999 at 6:00 p.m. A}Fe:;;5 Nay: 0 CONSENT AGENDA Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A..Personnel Items. All items were pullet# m the Consent Agenda and considered under Old Business. B. Preliminary Subdivision,extension re i Vit- . v> rbc• 'pe Center-BCBSM,Inc. It was recommended to approve an extension of :'fecW' vlsion for RiverPark Office Center. through June 30,2000 located at 3400 YanRft Drive. C. Final Subdivision,Faithful Shepherd Addition-Faithful Shepherd Catholic Church. This item was pulled from the Consent Agenda and considered under Old Business. D. Final Subdivision,Oakview Center-Holiday Stationstores,Inc. This item was continued indefinitely. E. Final Plat and Final Planned Develops *t of Logoak Fourth Addition-CSM Properties. It was recommended to approve a Final Plannea-bevelop"t to allow a single story,73,465 square foot office- warehouse building upon a 6.4 acre site it*0ted no4F)f Northwest Parkway and west of Lone Oak Parkway upon property currently platted;,1&.Q*fit B,;Gone.Qak Addition(within the NW 1/4 of Section 1) and to approve a Final Plat(Lone Oak F4j; tf :A }aij;i8 ? ng a single 6.4 acre parcel. F. Contract 99-03,receive bids/award contract(Yankee Reservoir). It was recommended to receive the bids for Contract 99-03(Yankee Doodle Reservoir-Refurbish and Repaint),award the contract to Swanson and Youngdale,Inc.,for the Base Bid in the amount of$524,960,and authorize the Mayor and City Clerk to execute all related documents. G. Project 775,receive feasibilitrereport,ordex Witi{:& t '(Advent United Methodist Church). It was recommended to receive the feasibility r ;a d*_' iroixOO:Project 775(Advent United Methodist Church -Sanitary Sewer Extension). H. License renewals,service stations and amusemeri#s �i E;t �t was recommended to approve license renewals for service stations and amusement devices as pte'se i#eci. I. Project 771,authorize feasibility report and agency agreement with Dakota Coun!y(LexingtonCountyAve. widening and signals-Lone Oak to Yankee Doodle). This item was pulled from the Consent Agenda and considered under Old Business. J. Approve rate change-Civic Arena(eff>ii W99).: :k'* was pulled from the Consent Agenda and considered under Old Business. K. Adopt the Burnsville/Eagan Conun*r&v Televis�„n Operational Use Policies and Guidelines. It was recommended to adopt the Burnsville/ ,n,ContDRttuty.Television(BELT)Operational Use Policies and Guidelines. ,• . .. L. Project 668,request for extended operating hours(Lone Oak Road-Street Improvements). This item was pulled from Consent Agenda and considered under Old Business. M. Final Plat,(Dart Addition)Dart TransitQ*6 -was recommended to approve a Final Plat(Dart Addition)of a single 10 acre parcel of lantaG&1ec4'SOfttYibf 'rk's Restaurant between T.H. 149 and the Canadian Pacific rail line in the northwSection 12. Xxx EAGAN CITY COUNCIL MEETING MINUTES;JUNE 1,19999 PAGE LEGISLATIVE,/INTERGOVERNMENTAL AFFAIRS , Councilmember Masin stated thkk:5be would like to serve on the AMM Transportation Committee. Mayor Awada supported Ci i'ilmember Masin retaining her position on the Transportation Committee. City Administrator Hedges cormriiited'oiifil2 `oflfiitfittty Services Open House scheduled for June 3,1999 from 4:00 p.m.to 8:00 p.m. PUBLIC HEARINGS PROJECT 770,DENMARK AVENUE(STREET AND UTILITY EXTENSION) Councilmember Bakken movect;e-ouncilmgmber Blomquist seconded a motion to open the public hearing for Project 770(Denmark Avenii xtensicgr:;Street and Utility Improvements)and continue it to July 6,1999. Aye: 5 Nay: 0 PROJECT 766,WESCOTT ROAD-*:kEXVNZT-0N-AVENUE(SIGNALIZATION) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced Matt Hanson representing SRF and Dakota County Traffic Engineer Pete Sorenson. Mr. Hanson discussed the project details. Director of Public Works Colbert stated that Option D provides the best level of service while being the least intrusive and most economical. He suggested that the right-turn lanes be constructed at the same time that the signal is installed;;Mayor Awada asked for a show of hands of those present who were in support of and thoSi2QiQ.ere opposed to the project. The majority of those present were in support of the prpjec#;: Councilmember Bakken moved;CQuSilmember:Carlson seconded a motion to approve Option D for Project 766(Wescott Rd. -Signal)ariazi'; he.greparation of plans and acquisition of right-of- way through the quick take eminent domain proce'ss;:i#: ieceSSR . Mayor Awada opened the public hearing to anyone wishing to speak. Terry Bolling,neighborhood spokesperson,stated that the majority of the property owners were in support of Option D. He thanked Director of Public Works Colbert for his additional work in identifying an acceptable solution to the neWb3a rhood. Fte jnp�-,d that Option D affected fewer property owners,created less environmental impecs, rsstsxEF isi c and could be completed more quickly than other options. He requested that{ iffectA61:Cbe informed about the impacts to their property. There being no one else wishi�;�J;q$ le W. or A�;c�da closed the public hearing and turned the discussion back to the Council. .., Councilmember Blomquist commended Director of Public Works Colbert for his extra effort in attempting to reach a workable solution with the neighbors. Councilmember Carlson questioned the effects of platooning. Dakota County Traffic Enginger Sorenson noted that a traffic signal will create platooning and it is more pronounced durj;l.9.t"*.ti#:�gavy traffic. He also commented on the synchronization of signal lights and add t t'in efe&*�c*#qn of lights is not included in the first phase' of the project. Mayor Awada acknowl jotl Dakota Countf:-reommissioner Patrice Bataglia who was present and thanked her for her assistance with this project. A vote was taken on the motim .a15:: 3� fl' '•.''; ' Mayor Awada requested that a sign be installed at the intersection of Wescott and Lexington informing the public that signalization was approved and will be installed this year. VACATION OF DRAINAGE&UTILITY EASEMENT (LOTS 3&6,BL•�„pM 1,GREAT OAKS ADDITION) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Bakken moved,Qoz}ncilmember Carlson seconded a motion to approve the vacation of the drainage and utility easei*,O}ts on Lot 3 and Lot 6,Block 1,Great Oaks Addition and authorize the Mayor and City Clerk to execute all related documents. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one,she closed the public hearing and turned the discussion back to the Council. Councilmember Carlson asked if tificatiol:i:6d been sent to the surrounding property owners. Director of Public Works Colbert explain)�;that noti&tion is not required for an easement vacation. Mayor Awada commented that this item:.W4uld reqW. a replatting of the two parcels and that notification would be required. Senior Pop e, :R ile ;�xp1ai11et�;t at a subdivision requires mailed notification;however,replatting does no$;; A vote was taken on the motion. Aye: 5 Nay: 0 OLD BUSINESS RECEIVE OFFICIAL MAP 699-14.N.40.0* tVOOD PARKWAY) City Administrator Hedges prow*0:* iverviewi. on this item. Director of Public Works Colbert staff gave a report. He stated that the Ai'�*'iieeds to review":*this matter before the public hearing is held by the City Council. Councilmember Masin noted that one of the majo 'prgQrty owners in the area had only been notified today that this item was scheduled for this evening's Council meeting. Councilmember Masin moved,Councilmember Blomquist seconded a motion to continue this item to the June 15,1999 City Council meeting. Mayor Awada stated that the oin the Council was for the purpose of ert scheduling a public hearing. Director of ?'tfbYic V� o1l; added that the Glen Pond Apartment owner's representative had been notifier larst weekiAfic�rut this evening's meeting. Councilmember Carlson said that taking action to sched2W:a public.bwring will get the process moving forward which will provide an opportunity for publicCoui ?nember Bakken concurred. Councilmember Masin stated that the property owner should have been given the courtesy of being informed about this evening's meeting. A vote was taken on the motion. Aye: 2 Nay: 3 (Mayor Awada and Councilmembers Bakken and Carlson opposed). The motion failed f9z.kC#;o arity. Councilmember Bakken moved;.-Nt cilmember C )r% n seconded a motion to receive Official Map#669-1 and schedule a public hearmg for July 119 9. Larry Wenzel,owner of the Gleflex,clarified that there was a lack of communication between he and his arc fkl3gamiitgv> ping:s meeting. He said that if the road EAGAN CITY COUNCIL MEETING MINUTES;JUNE 1,199W PAGE 6 bisects his property he would be left with an unsaleable piece of property. He referenced the proposed land swap and questioned if MnDOT's right-of-way is buildable land. • Councilmember Blomquist asked';Wenzel if he would have enough time to address all the outstanding issues if the public hearing . e scheduled for n1 6: Mr.Wenzel indicated that this J... timeframe was sufficient. A vote was taken on the motion.;��;e: 5 Nay: 0 PERSONNEL ITEMS Mayor Awada moved,Councilmember Bakken seconded a motion to approve the personnel items. Councilmember Masin stated th*';�Ie wouli ie abstaining on Item 10 due to a possible conflict of interest. A vote was taken on the motion.:: .ye::: :: a •.Q;:;�Y�th;11e exception of Item 10-Aye: 4 Nay: 0;Councilmember Masin abstained) ......... Item 1. It was recommended to approve the hiring of Jill Andrew,Julie Beecher,Cassie Braegelman, Meghan Doherty,Jake Groff,Katie Jensen,Tina Kampa,Julie Kugler,Kim Moen,Julie Russomanno,Stacy Showalter and Jennifer Utecht as seasonal recreation leaders. Item 2. It was recommended to approve the hiring.of•Lds[;j�.$e#Ltfkel Jim Bredemus,Jim Halloran,Megan Halloran,Jessie Hausman,Ashley Kjos,Tara Kip t�sei; iy ICrinhop,Jessamine Kruzitski,Kristin Kuklinski,Melissa Maloney,Jennifer RuiIiB3; es$ie Sav :Lindsay Severson,Crystal Stevenson and Laura Tippens as seasonal recreation assistants;•:.,.,. Item 3. It was recommended to approve the hiring 6t;8 g as a seasonal arts&crafts specialist. Item 4. It was recommended to approve the hiring of Judy Forde as a seasonal preschool program instructor. Item 5. It was recommended to approve the hiring of Kellee Kattleman and Becky Schmidt as seasonal recreation leaders/dance. Item 6. It was recommended to approve'. e'hiring:3if fbftanna Malamen as a seasonal park attendant. Item 7. It was recommended to approvg:Ow hiringoi:Chris Larson as a seasonal forestry/parks intern. Item 8. It was recommended to approve: on as a seasonal utilities maintenance worker. Item 9. It was recommended to approve the hiring of Eric Hansen as a seasonal streets maintenance worker. Item 10. Hiring of Randy Kane,Aaron M4jt son,�I<atitiKO at,Ryan Neumann,Adria Carlyon,Nathan Hauenstein and Trisha Larson as season l aram enant�is;orkers. The vote on this item was as follows: Aye: 4 Nay: 0 (Councilmeniter Masin abstained;:'. Item 11. It was recommended to approZ! #Iiie;l ritfg.t .}ik c: ?l3Per as a seasonal engineering intern. Item 12. It was recommended to approve the hiring of Matt Adams and Nicholas Burt as seasonal supervisors for the Civic Arena. Item 13. It was recommended to approve the hiring of Andrea Froelich and Stacie Ozbun as seasonal skating instructors for the Civic Arena. Item 14. It was recommended to approve the hiring of Andrew LaMere,Stephanie Bousley,Patrick Adams,Kathryn Glynn and Drew Goodsoi#;ia: .Q;tfgt�4 €;ajcions workers for Cascade Bay. Item 15. It was recommended to approv".- hiring of Tiffani Anglin as a seasonal concessions shift leader for Cascade Bay. . Item 16. It was recommended to approve the hiring of Shawna Whitney,Kassandra Deml,Justin Fleming,Jodi Macht and Stephanie Lawrence as seasonal lifeguard shift leaders for Cascade Bay. Item 17. It was recommended to approvk&hiring pf Michelle Mahers,Paul Buske,Alison Wright,Katie Pastorius,David Olson,Kathryn JamiescrA;:Jacob Butt,Jacqueline Scholz,Angela Knoll,Karen Hendrickson,Nikki Peterson,Kristin Flei g,Lir►dW Connolly,Valerie Breitbarth,Kelley Irvan, Heather McGregor,Lindsay Nelson,Alef.-Vbrter,Ja"Peters,Amy Ellis,Matthew Spurr,David Hernick and Charlie Goodman as seasonal lifeguIr Item 18. It was recommended to approve the hiring of Ann McGrath,Ian Wright,Lindsay Stemig,Katie Nelson,Kathryn Finch,Alison O'Brien and Quan Tran as seasonal concessions workers for Cascade Bay. FINAL SUBDIVISION,FAITHFUL SHEPHERD ADDITION FAITHFUL SHEPHERD CATHOLkC CHURCH X. Councilmember Masin asked if therp. eic: T}+fairiing issues with regard to the access to the site. Senior Planner Ridley stated that alr..*W:MY b beeiy,-resolved. Councilmember Masin moved,Coni:.:.: er.kken seconded a motion to approve a Final Subdivision(Faithful Shepherd Addition)consistuig'8fi d a public right-of-way dedication located north of Yankee Doodle Road and west of Lexington iirehue in the SW 1/a of Section 11. Aye: 5 Nay: 0 PROJECT 771,AUTHORIZE FEASIBILITY REPORT AND AGENCY AGREEMENT WITH DAKOTA COUNTY(LEXINGTON AVE.WIDENING AND SIGNALS-LONE OAK TO YANJKEE DOODLE) Councilmember Carlson moved;�;quncilnia $amen seconded a motion to authorize the preparation of a Feasibility Report and I:e�Agen j.-Acgreement with Dakota County(Lexington Ave. widening and signals-Lone Oak to Yaaj a Doody;;:Aye: 5 Nay: 0 APPROVE RATE ! :: C ? # i?k' tA(EFFECTIVE 9/99) Councilmember Bakken moved,Mayor Awada seconded a motion to approve an increase in prime time ice rental at the Eagan Civic Arena from$135.00 to$140.00. Councilmember Masin said she was gWkr$ INWt increasing the cost since there does not appear to be a financial need for the inc ;itor Hedges said that the purpose for the rate change is that costs associated withi rponnel,mainteriitt and operations are expected to increase. He added that the rate change was not intended for the purport of competing with other arenas. Councilmember Marin stated that subse pant requests shoul4%clude reasons supporting the need for an increase. Councilmember Carlson req 4:*K-n ti4fi{ } eiav the City of Eagan's ice rental fees compare to neighboring cities'fees. Co ;>@fjRS?; ,u,', �luestioned if increasing ice rental fees would cause users to purchase ice time from other ice arenas that are currently being constructed. EAGAN CITY COUNCIL MEETING MINUTES;JUNE 1,19999 PAGE 8 Mayor Awada said that the ice arena is operated as a public enterprise with an independent budget. She added that staff was directe4:to-3ensure that a positive revenue stream be maintained and said she supported the rate change as rec"ended by staff. Councilmember Carlson indicated:.'9 N fc1#s i?i i$ainst this request because she wanted to review information regarding ice rental'f�2s'cfii ged�by'd$tef=�fties. A vote was taken on the motion.:Aoe: 2 Nay: 3 (Councilmembers Blomquist,Masin and Carlson opposed) Councilmember Blomquist moved,Councilmember Carlson seconded a motion to direct staff to respond to questions regarding the effects of competition and neighboring cities'ice rental fees with the rate change to be addressed during the b get procP., Aye: 5 Nay: 0 PROJECT 668,REQUEST FEN190D OPERATING HOURS (LONE OAK ROAD- ST ET IMI>OVEMENTS) Councilmember Carlson moved,•*lii} rei; ceii'seconded a motion to approve extended hours of operation for S.M.Hentges and Sons,Inc.,under Project 668(County Cont. 26-28)from 6:30 a.m. to 10:00 p.m.,Monday through Friday,and from 6:30 a.m.to 5:30.p.m.on Saturday until September 2, 1999,and continuously from 6:30 a.m.Friday to 10:00 p.m:,Monday,either July 9th-12th or July 16th- 19th. Councilmember Masin said she was concerngd:&�i��r8}�lacing the bridge over the railroad tracks with an at-grade crossing. She requested or : 'terms of the agreement with the railroad. Councilmember Carlson said that Coungi fi�1 asm-:k;roncerns were not germane to the issue before the Council. Councilmember Masin stafed,that ske was ri;E�informed about the decision to remove the bridge. Mayor Awada added that Counciliitr ii i''14$$ip:s•.concerns should be addressed as a separate agenda item. Councilmember Blomquist also requesteilOjVffiblaal information regarding the agreement with the railroad and the decision to remove the bridge;hokr,she said she did not have a problem with extending the work hours. A vote was taken on this item. Aye: 5 Nay: 0 Mayor Awada recessed the meeting-A % 5 p.m. Tbg ineeting was reconvened at 8:30 p.m. 1vEW91 WIES9 HIGHWAY,,�••a••'ACCESSAkANAGEMENT STUDY City Administrator Hedges prop gW;.�.*eri3 * s item. Director of Public Works Colbert gave a staff report. Councilmember Bakken moved,Councilmember Carlson seconded a motion to receive the State Trunk Highway 55 Access Management Study and pass a resolution adopting the findings and recommendations. Aye: 5 Nay: 0 :;f:•.. CONDITIONAL: E PERMIT-1VIA$"#ER MECHANICAL City Administrator Hedges prean overview on tli,8.item. Senior Planner Ridley gave a staff report. The applicant was available for questions. Councilmember Bakken moved,Mayor Awada seconded a motion to approve a Conditional Use Permit to allow the outside storage of materials upon a 2.4 acre parcel of land located north of Gemini Road and west of Neil Armstrong Boulevard subject to the following conditions: • 1. The Conditional Use Per�aishall be recorded within 60 days of its approval by the City Council. 2. All materials shall be stores'['ailti' iiifiiftimeiiiWail orderly fashion. 3. All storage materials,ingl"ng a maximum of four truck trailers,shall be stored on the site and shall be confined to the area north of the site's principal structure as specifically designated on the site plan. 4. Additional screening(i.e,landscaping,fencing,berming or combination thereof)shall be provided such that storcaimaterials•ar,�not visible from the Neil Armstrong Boulevard right-of-way. Aye: 5 Nay: 0 CONDITIONAL USE PERNfa i413a::? ► ELLER MEDIA COMPANY City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Michael Cronin,representing the applicant,commentxcl:}n the uniqueness of the site and said that an additional sign will not impact the site. Mayor;.tyicentioned that the City's Sign Ordinance states that off-premise signs must be spaced..4t#a.U"t et apart. A representative of the Osmanstir, or:pnizatift.spoke about the benevolence they provide to the community. He added that the revenue fa-'fvq�n this use will further their charitable cause. gam.•.•.•... . He further added that the signs will not create a negi;titie- i# ti : Councilmember Carlson said that she was glad that the applicant would be removing two existing signs and further said that the proposed location of the off-premise signs was acceptable. Mayor Awada concurred. Councilmember Masin stated that.V £ i ncil establis d the Sign Ordinance for the purposes of eliminating billboards. She questioned 1v&'*:'- be allowed to remain on the new site. Councilmember Carlson said that the Cfricil couli#� ich restrictions to the approval. Mayor Awada said that the purpose of the Sign Ordinance was toe#rict any new billboards from being installed in the City. She added that the only problem i�*has witlk:ais request is the variance of 250 feet. She further added that the signs are proposed to bg:f JW;atA a� oB?C ate location. Councilmember Bakken said he was not concerned about transferringWliii3 sjaaf52;:cy } j the City;however,he added that he was somewhat concerned about the variance request. Councilmember Masin questioned the advantage to the City because one of the signs proposed to be removed as part of this application is already guaranteed to be removed no later than August of 2003. Councilmember Bakken moved,Cpdt j} #ii CxLson seconded a motion to approve a Conditional Use Permit to erecta 1,248 sc of ' bot off-'pis a sign upon a 1.2 acre property(which comprises a portion of the Lost Spur Cotj y Club)located's*h8th of 1-494 and east of T.H.13(2750 Sibley Memorial Highway)subject to the following conditions: "" 1. The subject property sf3a :t=ss.g# ; 2. The Conditional Use Permit shall be recorded-within 60 days of final plat approval. EAGAN CITY COUNCIL MEETING MINUTES;JUNE 1,19999 ' PAGE 10 3. City approval of a variance to allow two off-premise signs which have a separation of 1,250 feet. 4. A sign permit shall be obtl df pA?the;G ty,. 1 qr to installation of the signs. 5. The sign shall not excee 'ig it.- 6. The existing off-premisesi located at 4855 Robert Trail shall be removed prior to building permit issuance for the proposed off-premise sign. 7. The City Sign Code shall be amended to reflect the City-wide reduction in off-premise sign number,area and surfaces. 8. The existing off-premise-!"* shall&removed prior to the issuance of a building permit. Aye: 5 Nay: 0 Councilmember Masin said she id; primYq ie e'.fi allotted time expire regarding the sign located at Silver Bell Road rather than approve the relocation of this sign. She added that she would not support the variance request. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve a Conditional Use Permit to erecta 1,344 square foot off-prerEissnyn and a Variance to allow two off- premise signs to have a separation of 1,250 feet upnn.I? o eY#y:."ich comprises a portion of the Lost Spur Country Club located south of I-494 and east. S .; (2? 0 Sibley Memorial Highway),subject to the following conditions: 1. The subject property shall be'�7fa€kei#;: 2. The Conditional Use Permit shall be recorded--�iisthin 60 days of final plat approval. 3. The current Conditional Use Permit for the existing sign on the property shall be terminated upon the issuance of the new sign permit for the 1,344 square foot off-premise sign at the location shown on the site survey. 4. A sign permit shall be obii# : ior to installation of the sign. 5. The sign shall not exceed 40 feet MV t. 6. The existing off-premi9i #.3agk! r�y 13 near Silver Bell Road shall be removed prior to buildig *dtSii ;{ €he proposed off-premise sign. 7. The City Sign Code shall be amended to reflect the City-wide reduction in off-premise sign number,area and surfaces. 8. The existing off-premise s} i;;.':.�d:xo�+:ed prior to the issuance of a building permit. Aye: 4 Nay: 1 (Councilmember Masini hosed) PLANNED DEVELOPA."T AMENDMEN :;':;ZEDAR RIDGE CHURCH City Administrator Hedges pr cl icli?c :A-i6�;v�i i s item. Senior Planner Ridley gave a staff report. The applicant was available for questions. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve a Planned Development Amendment to alit**-ihe establishment of a daycare center within the existing church building and an outdoor playgroi{ icl at 2024 Rahn Way(Lot 1,Block 1,Rahn Ridge),subject to the following condition: 1. An amendment to the PI be executed and recorded against the property before the day ccenter opens. 2. The applicant is responsible for obtaining and maintaining the required state daycare license. Proof of insurance of the license must be submitted to the City prior to the release of the Planned Development Amendment Agreement for recording. Aye: 5 Nay: 0 ORDINANCE AMENDMENT: CHAP# i 6,REGARDING GARBAGE,REFUSE AN6kECYCLVG HAULERS City Administrator Hedges proVitem. Councilmember Carlson moved,Mayor Awada seconded a motion to approve the proposed Ordinance Amendment to Chapter 6 relating to solid waste and recycling transfer stations. Aye: 5 Nay: 0 ROUND: fflE; :' Director of Public Works Colbe#AAA:'Af it was ecessary to close Lone Oak Road in order to facilitate the construction of street improvemexci..He saiilthat notices were sent to the affected businesses and further said that staff is moiiiriif* :situation to limit disruptions. He thanked the public for their patience and understanding. Mayor Awada mentioned that a member of the APrC had expressed interest in receiving the list of Council goals. Councilmembers concurred that they should be distributed to all commission members. Councilmember Masin commented on the Rahn and Diffley intersection. The City Council directed staff to send an informational lettex.Jxk.s,*Irroundin.4.p5gperty owners providing an update on the status of the intersection upgrade. Councilmember Masin questiorfe the abili the City to assess benefiting property owned by the MWCC. She further suggested thatj$ie;City sh4rklp initiate discussions with the City's legislative delegation and the Metropolitan Counatgti�.t?l�,#1}?t.ir�gard. Councilmember Blomquist requested further information on the railroad crossing at Lone Oak Road. Councilmember Carlson mentioned that HJ tgry Committee members would be staffing a booth at the Community Services Open House. SW.W'Oi�j has resigned from her position with the Eagan Small Business Association. She sa3 tit flie LxSB ;isconsidering establishing a Vince Kennedy Scholarship Fund. ,,. EAGAN CITY COUNCIL MEETING MINUTES;JUNE 1,19999 PAGE 12 i ADJOURNMENT The meeting adjourned at 9:15 p.iK •�� 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 policyqA4x all persons have equal access to its programs,services,activities, facilities and employment without regard to ,color,df6ki,religion,national origin,sex,disability,age,sexual orientation,marital status or status with reg4a-to public:4#stance. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 11, 1999 SUBJECT: AGENDA INFORMATION FOR JUNE 15, 1999 CITY COUNCIL MEETING ROLL CALL &PLEDGE OF ALLEGIANCE Members of an Eagan Boy Scout Troop and Girl Scout Troop will be present at 6:00 p.m. to conduct an official flag raising ceremony in front of the Municipal Center Building. It was suggested that the Boy Scout and Girl Scout representatives share some comments about the significance of the flag either prior to or following the flag raising ceremony in honor of National Flag Day. The Boy Scouts and Girl Scouts will be represented at 6:30 p.m. to start the regular City Council meeting with the Pledge of Allegiance. Both cable and the newspapers have been notified of this event. ADOPT AGENDA/APPROVE MINUTES After approval is given to the June 15, 1999 City Council agenda, the minutes of the June 1, 1999 regular City Council meeting, the minutes of the May 6, 1999 Joint Planning Commission and City Council meeting and the minutes of the May 6, 1999 special City Council meeting, the following items are in order for consideration. Agenda Information Memo June 15, 1999 Eagan City Council Meeting WAR-T,TM N' T'HEAD BUSINESS A RECEIVE AND ACCEPT THE DECEMBER 31 1998 COMPREHENSIVE ANNUAL FINANCIAL REPORT ACTION TO BE CONSIDERED: To accept the December 31, 1998 Comprehensive Annual Financial Report. FACTS: • The financial report has been completed and the audit by Kern, DeWenter, Viere, Ltd. has been performed. • No significant findings were made during the audit. • A representative of Kern, DeWenter, Viere, Ltd. will present the report at the meeting and will be available along with the Director of Finance to answer any questions. ATTACHMENTS: • The financial report and management letter are enclosed without page number. Agenda Information Memo June 15, 1999 Eagan City Council Meeting B. APPOINTMENT TO GOVERNOR'S AIRPORT COMMUNITY STABILIZATION FUNDING TASK FORCE ACTION TO BE CONSIDERED: To appoint Assistant City Administrator Verbrugge to represent the City of Eagan on the Governor's Airport Community Stabilization Funding Task Force. FACTS: • The Metropolitan Airports Commission and the City of Richfield reached agreement in their dispute over expansion construction plans for the new north-south runway in December 1998. Terms of the agreement included a cooperative appeal by the two entities to the Minnesota Legislature for mitigation of airport impacts in the east neighborhoods of Richfield. • Bills were proposed in the House Taxes Committee and the Senate Economic Development Committee to provide mitigation funding for the communities of Bloomington, Minneapolis, and Richfield. Eagan was not included in the early versions of all proposals. Near the end of the legislative session, Senator Deanna Wiener worked closely with City staff and Senate author Dave Johnson of Bloomington to include Eagan in the omnibus Economic Development bill. • The final outcome of the discussions was that the Richfield received $30 million from MAC, funding to be provided through the collection of landing fees. The other impacted communities did not receive any mitigation funding. Instead, the final Economic Development bill created the Governor's Airport Community Stabilization Funding Task Force. • According to the new law, the task force must convene no later than July 31, 1999. Under the direction of the Department of Trade and Economic Development, the task force is to evaluate alternatives for financing mitigation strategies and make recommendations to the governor and legislature. Funding options to be discussed will include federal, state, MAC, and local sources. This is likely to be the last, best effort for the impacted communities of Bloomington, Eagan,Minneapolis, and Richfield to present a unified front in demanding appropriate mitigation of new noise impacts. • At its meeting on June 8, 1999,the Eagan Airport Relations Commission passed a motion recommending that Assistant City Administrator Jamie Verbrugge be appointed to serve as the Eagan representative on this very important task force. ATTACHMENTS: • The final language from the tax bill and economic development bill related to airport mitigation is attached on pages!_through ? SENT BY: 5-20-99 ; 11:35 : MN. SENATE- 65168814612;# 5/ 5 75.7 Sec. 78. [TASK FORCE CREATED.] 75.8 The governor's airport community stabilization funding task 75.9 force is created. The task force shall identify and recommend 75.10 funding sources for implementation of noise mitigation measures 75.11 identified in the MSP Noise Mitigation Program Report dated 75.12 November 1996, and the low noise frequency policy committee 75.13 convened by the metropolitan airports commission, the 75.14 metropolitan council, and the city of Richfield in February 1998. 75.15 Recommendations shall be provided to the governor and 75.16 legislature by January 15, 2000. Funding sources shall include, 75.17 but not be limited to, federal, state, metropolitan airports 75.18 commission, and local sources. The task force shall, to the 75.19 extent possible, identify all federal revenue sources that will 75.20 mitigate noise impacts from the north/south runway. 75.21 The governor shall appoint task force members that include 75.22 representatives from the following: 75.23 (1) the metropolitan airports commission chair or designee 75.24 and one other metropolitan airports commission board member; 75.25 (2) one member from the governor's staff; 75.26 (3) the commissioner of finance or the commissioner's 75.27 designee; 75.28 (4) representatives designated by the governing boards of 75.29 the following cities: 75.30 (i) Bloomington; 75.31 (ii) Minneapolis; 75.32 (iii) Burnsville; 75.33 (iv) Eagan; and 75.34 (v) Richfield; . 75.35 (5) two at-large designees appointed by the governor; and 75.36 (6) the commissioner of the department of trade and 76.1 economic development or the commissioner's designee. 76.2 The task force shall be administered and supported by the 76.3 department of trade and economic development. 76.4 The first meeting of the task force must be convened no 76.5 later than July 31, 1999. 6122966511 => CITY OF EAGAN ,TEL=6516814612 05/20'99 11 :31 SENT BY: 5-20-99 ; 11 :34 : MN. SENATE 6516814612:# 2/ 5 Sec. 35. [CITY OF RICHFIELD; AIRPORT IMPACT ZONE: 324.10 FINANCING.] 324.11 Subdivision 1. [DESIGNATION OF AIRPORT IMPACT ZONE.] There 324.12 is established within the city of Richfield an airport impact 324.13 zone consisting of the real property described as follows: 324.14 commencing at the intersection of the north city limits with the 324.15 w'ly ROW line of trunk highway 77, thence south along the w'ly 324.16 ROW line of trunk highway 77 to the n1y ROW line of interstate 324.17 highway 494, thence west along the n'ly ROW line of interstate 324.18 highway 494 to the center line of Bloomington Avenue, thence 324.19 north on the center line of Bloomington Avenue to the n'ly ROW 324.20 line of East 77th Street to a point 133.2 feet east of the e'ly 324.21 ROW line of Bloomington Avenue, thence north on a line parallel 324.22 with and 133.2 feet east of the e'ly ROW line of Bloomington 324.23 Avenue to the north city limits, thence east along the north 324.24 city limits to the point of beginning. 324.25 . Subd. 2. [AIRPORT IMPACTS DEFINED.]The legiCa-iure finds 324.26 that: 324.27 (1) the area included within the airport impact zone 324.28 defined under this section will experience significant and 324.29 unique adverse environmental and socioeconomic impacts directly 324.30 associated with the operation of the Minneapolis-St. Paul 324.31 International Airport; 324.32 (2) whether funded directly by the metropolitan airports 324.33 commission or by other means, expenditures for mitigation of 324.34 those airport-created impacts involve an aspect of the airport's 324.35 capital and operating expenses and will be made for airport 324.36 purposes; 325.1 (3) appropriate measures to mitigate those adverse impacts 325.2 include but are not limited to housing replacement activities; 325.3 and 325.4 (4) the state legislature has authorized the expansion of 325.5 the Minneapolis-St. Paul International Airport in order to 325.6 accommodate the future economic growth of the state. The 325.7 environmental quality board has adopted findings that identify 325.8 the need to make land uses in the area identified in subdivision 325.9 1 compatible with airport uses. 325.10 Subd. 3. [METROPOLITAN AIRPORTS COMMISSION BONDS; 325.11 SECURITY.] The metropolitan airports commission shall issue and 325.12 sell its obligations in an aggregate principal amount not to 325.13 exceed $30,000,000, after deducting costs of issuance, discount, 325.14 and capitalized interest. The metropolitan airports commission 325.15 shall, not later than January 30, 2000, transfer $30,000,000 to 325.16 the city of Richfield to be used to finance the costs of land 325.17 and structure acquisition, demolition, relocation and site 325.18 clearance, and public improvements within the airport impact tax S 6122966511 -> CITY OF EAGAN ,TELm6516814612 05/20199 11 :30 SEN7 BY: 5-20-99 ; 11:34 HN. SENATE 65168146124 3/ 5 325.19 zone established under subdivision 1, including, without 325.20 limitation, the following housing replacement activities 325.21 anywhere within the city: rehabilitation, acquisition, 325.22 demolition, relocation assistance, and relocation of existing 325.23 single-family or multifamily housing, and financing of new or 325.24 existing single-family or multifamily housing that replaces 325.25 housing units eliminated by redevelopment within the airport 325.26 impact zone. 325.27 Subd. 4. [TERMS.] The obligations must be secured by the 325.28 revenues and pledges from the metropolitan airports commission 325.29 in accordance with subdivision 5, and must be issued in 325.30 accordance with chapter 475, provided that no election is 325.31 required, net debt limits do not apply, and the obligations must 325.32 mature no later than 35 years from the date of issue of the 325.33 original obligations. The metropolitan airports commission may 325.34 issue obligations to refund any obligations issued under this 325.35 section, the principal amount of which shall not be included in 325.36 computing the limits on amount of obligations issuable by the 326.1 commission under this section. 326.2 Subd. 5. [SECURITY; METROPOLITAN AIRPORTS COMMISSION 326.3 PAYMENTS.] (a) Notwithstanding anything to the contrary in 326.4 Minnesota Statutes, sections 473.601 to 473.679, on or before 326.5 the due date of each principal and interest payment on 326.6 obligations issued under this section, the treasurer of the 326.7 metropolitan airports commission shall remit from any available 326.8 funds to the trustee or paying agent for the obligations an 326.9 amount sufficient for the payment, without further order from 326.10 the commission. The metropolitan airports commission shall be 326.11 obligated to the holders of obligations issued under this 326.12 section, to establish, revise from time to time, and collect 326.13 landing fees according to schedules such as to produce revenues, 326-14 together with other,revenues not restricted by law or regulation 325.15 available to the metropolitan alrport commission, at all times 326.16 sufficient to pay 105 percent of principal and interest on all 326.17 obligations issued under this section. 326.18 (b) Notwithstanding anything to the contrary in Minnesota 326.19 Statutes, sections 473.601 to 473.679, any obligations issued 326.20 under this section shall be further secured by the pledge of the 326.21 full faith and credit of the metropolitan airports commission, 326.22 which shall be obligated to levy upon all taxable property 326.23 within the metropolitan area a tax at the times and in the 326.24 amounts, if any, as may be required to provide funds sufficient 326.25 to pay all the obligations and interest thereon in the event 326.26 revenues pledged under paragraph (a), are insufficient for that 326.27 purpose. This tax, if ever required to be levied, shall not be 326.28 subject to any limitation of rate or amount. 6122966511 => CITY OF EAGAN ,TEL=6516814612 05/20199 11 :31 SENT BY: 5-20-99 ; 11 :35 KN. SENATE-I 6516814612;# 4/ 5 326.29 (c) The pledges described in this section shall be made by 326.30 resolution of the metropolitan airports commission. The 326.31 security afforded by this section extends equally and ratably to 326.32 all bonds issued under this section and all bonds issued by the 326.33 metropolitan airports commission secured by similar pledges. 326.34 Subd. 6. [OBLIGATION DEFINED.] In subdivisions 1 to 5, 326.35 It has the meaning given in Minnesota Statutes, 326.36 section 475.51, subdivision 3. The term includes obligations 327.1 issued to refund prior obligations issued under this section. 327.2 Subd. 7. [COMPLIANCE WITH FEDERAL LAW; NO ADDITIONAL 327.3 COMMITMENTS.] (a) Nothing in this section shall require the 327.4 metropolitan airports commission to violate federal law or 327.5 regulation, including the Federal Aviation Administration 327.6 revenue diversion policy. 327.7 (b) If this section violates federal law or regulations, 327.8 including the Federal Aviation Administration revenue diversion 327.9 policy, the requirements imposed upon the metropolitan airports 327.10 commission under this section are terminated and shall not 327.11 become commitments of the state. 327.12 Subd. 8. [RELATIONSHIP TO REQUIREMENTS UNDER 327.13 AGREEMENT.] The requirements imposed upon the metropolitan 327.14 airports commission under this section are in addition to any 327.15 requirements imposed upon the commission under the 327.16 Richfield-metropolitan airports commission noise mitigation 327.17 agreement dated December 18, 1998. 6122966511 => CITY OF EAGAN ,TEL=6516814612 05/20'99 11 :31 Agenda Information Memo June 15, 1999 Eagan City Council Meeting C. IMPLEMENTATION SCHEDULE OF EMERGENCY PREVENTION WATER CONSERVATION PLAN ACTION TO BE CONSIDERED: Authorize the implementation of an Emergency Prevention Water Conservation Plan for the City's High Pressure Zone during August and September 1999. FACTS: • The Safari 4.0 million-gallon Water Reservoir will be taken out of service for refurbishing and structural repairs from approximately August 1 to October 8, 1999. This reservoir services the City's high-pressure zone primarily located south of Diffley Rd. • Depending on climatic conditions and consumer demand, the City may need to implement water use restrictions beyond the current permanent Odd/Even ban to insure adequate pressures and necessary reserves for fire suppression. • Due to the need for immediate compliance for reduced water consumption when critical water levels are approached and the inherent inability to adequately notify all users in a timely manner, it is beneficial to implement a pre-emptive water use restriction to become effective when the reservoir is taken out of service. Pre-approval will provide for the best planning and notification of affected utility users thereby increasing voluntary compliance and minimizing the need for any enforcement actions. • A report prepared by the Superintendent of Utilities is enclosed further describing the issues and recommended restrictions for Council consideration. ATTACHMENTS: • Maps of high-pressure service area and recommended restrictive area to be distributed with the Additional Information Packet on Monday. Agenda Information Memo June 15, 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. Seasonal Concessions Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Jay Villaume, Gillian McLaughlin, Ben Hebel, Joseph Huettl and Ashley as seasonal concessions workers for Cascade Bay. Item 2. Seasonal Operations/Maintenance Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Bradley Kassha, Glenn Smith and Chad Virgin as seasonal operations/maintenance workers for Cascade Bay. Item 3. Seasonal Operations/Maintenance Shift Leaders/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Nicholas Burt, Jesse Viall and Matt Adams as a seasonal operations/maintenance shift leaders for Cascade Bay. Item 4. Seasonal Guest Relations Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Daniel Robillard, Dan Krinhop, Taylor Arneson, Megan Pavek, Kelly Carlin, Nicholas Novotny,Keith Fischer and Jill Steinkogler as seasonal guest relations workers for Cascade Bay. Item 5. Seasonal Guest Relations Shift Leader/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Laura Nelson as a seasonal guest relations shift leader for Cascade Bay. Agenda Information Memo June 15, 1999 Eagan City Council Meeting Item 6. Seasonal Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Anne Bolsem, Eric Sidler, Brad Roe, Molly Angermeyr, Jarrett Capstick, Noah Liddle, Kari Schneibel, Molly Towle, Alex Porter, Lindsay Marko, Jamie Boufford, Danelle Larson and Lisa Bordsen as seasonal lifeguards for Cascade Bay. Item 7. Seasonal Substitute Lifeguard/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Katie Linear as a seasonal substitute lifeguard for Cascade Bay. Item 8. Seasonal Lifeguard Shift Leaders/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Katherine Liesch, Nathaniel Liddle and Brenna Beers as seasonal lifeguard shift leaders for Cascade Bay. Item 9. Seasonal Recreation Coordinator for Fitness Fun-- ACTION TO BE CONSIDERED: To approve the hiring of Tonya Jolicoeur as a seasonal recreation coordinator for Fitness Fun. Item 10. Seasonal Tennis Director-- ACTION TO BE CONSIDERED: To approve the hiring of Melinda Hoffmann as a seasonal tennis director. Item 11. Seasonal Tennis Instructors-- ACTION TO BE CONSIDERED: To approve the hiring of Erin Severson, Melissa Manke, Aaron Halbe and Michael Remington as seasonal tennis instructors. Agenda Information Memo June 15, 1999 Eagan City Council Meeting Item 18. Accounts Payable/Accounting Clerk-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended for hire as an Accounts Payable/Accounting Clerk in the Finance Department. FACTS: ♦ Interviews and testing have been held for these positions. ♦ References are currently being checked. ♦ It is anticipated that the names of the people to be recommended for hire will be available with the Administrative Packet on Monday or at the City Council meeting on Tuesday. Item 19. Compensation Study-- ACTION TO BE CONSIDERED: To approve hiring the firm of Riley,Dettmann & Kelsey to conduct a public market comparison study for the City's compensation plan and for compensation rates for non-bargaining positions. FACTS: • Due to the tight labor market and for other reasons, the City of Eagan has had problems attracting and/or retaining employees for a number of positions. • In official action at the December 15, 1998 City Council meeting, the Council authorized the hiring of an external compensation consultant in 1999 to conduct a public market comparison for the City's compensation plan and compensation rates for non-bargaining positions. The project was budgeted for 1999. • The City issued an RFP for the compensation study and received three proposals. • After studying the firms which submitted proposals, the qualifications of the persons who would perform the study, the steps as proposed in the proposals, and references from other municipalities which had hired the firms, it is the recommendation of City Administrator Hedges,Finance Director VanOverbeke, and Assistant City Administrator Duffy to hire the firm of Riley, Dettmann &Kelsey to conduct the study for fees not to exceed$19,000. • In the time period since the City's compensation plan was implemented in 1986 to conform with the pay equity legislation, the plan has not been analyzed in comparison to those of like municipalities. Many of those municipalities implemented their plans after the City of Eagan implemented its plan. • The firm of Riley, Dettmann &Kelsy is very familiar with the labor market and positions in suburban municipalities and has been hired for similar projects locally by the Cities of Bloomington, Burnsville, Hastings, Kasson, Lakeville, Maple Grove, Oakdale, and St. Louis Park, and Dakota, Hennepin and Stearns Counties. Agenda Information Memo June 15, 1999 Eagan City Council Meeting Item 12. Seasonal Parks Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Paul Anderson as a seasonal parks maintenance worker. Item 13. Seasonal Forestry Worker-- ACTION TO BE CONSIDERED: To approve the hiring of McKenzie Cafferty as a seasonal forestry worker. Item 14. Seasonal Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Tom Johnson and Rufus as seasonal recreation leaders. Item 15. Seasonal Recreation Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Kaci Netz as a seasonal recreation assistant. Item 16. Part-time Clerical Technician III/Community Development ACTION TO BE CONSIDERED: To approve the hiring of Nancy Phipps as a 3/-time Clerical Tech III in the Community Development Department. Item 17. Engineering Technicians-- ACTION TO BE CONSIDERED: To approve the hiring of two persons to be recommended for hire as Engineering Technicians. FACTS: ♦ Interviews and testing have been held for these positions. ♦ References are currently being checked. ♦ It is anticipated that the names of the people to be recommended for hire will be available with the Administrative Packet on Monday or at the City Council meeting on Tuesday. Agenda Information Memo June 15, 1999 Eagan City Council Meeting B. LOCAL TRANSIT TAX LEVY OPTION ACTION TO BE CONSIDERED: To approve the local transit tax levy option for taxes payable in 2000. FACTS: • As a result of 1996 legislation, opt-out transit providers are provided the authority to levy directly up to the transit levy limit. This amounted to 88%of the levy for payable 1997. The tax is collected directly from the community. • The levy is forwarded directly to the transit providers by the individual cities and is not controlled by the Met Council. • If the opt-out cities do not levy to the limit, the Met Council will levy the difference and use it for regional transit needs. • The transit levy is separated from the City's tax capacity rate for truth-in-taxation but not for tax statement purposes. • For taxes payable in 1999, MVTA members Apple Valley, Burnsville, Eagan, Prior Lake and Savage chose the local levy option,while Rosemount did not. • June 30 is the deadline for each opt-out city to send the Department of Revenue a certification of its intent to levy a transit tax for the taxes payable in the year 2000, along with a certification of the City's proposed payable 2000 gross transit levy, if they are going to levy locally. ISSUES: • The decision to levy locally for transit taxes was complicated for payable 1998 and 1999 and will be again for 2000 by the implementation of levy limits. The City's overall levy limit,which includes both the City and transit levies, is increased by the growth factors for inflation and household growth and by the City's growth in new construction of commercial and industrial property. The transit levy limit is increased by the change in taxable market value. • In situations where the levy limit for transit increases at a percentage rate higher than the overall City increase, capacity under the combined levy limit is shifted from the City to the transit. For the last two years (payable 1998 and 1999), the City eliminated that problem by authorizing the lesser percentage rate of the City or the total transit levy limit which resulted in a local transit levy lower than its levy limit. Staff is proposing the same approach for payable 2000 and the enclosed resolution is written accordingly. • The downside of this approach is that the original 88% local levy is declining and the Met Council is levying and retaining an amount higher than the original 12%. 13 Agenda Information Memo June 15, 1999 Eagan City Council Meeting ATTACHMENTS: / • Enclosed on pages 1,�and /6 is a copy of the resolution authorizing a local transit tax levy and setting the levy at the lesser of the transit levy limit or the 1999 levy increased by the City's percentage increase. CITY OF EAGAN RESOLUTION DECLARING INTENT TO EXERCISE LOCAL TRANSIT LEVY OPTION FOR TAXES IN 2000 WHEREAS, Laws of Minnesota for 1996, Chapter 455, Section 4 (the "Local Levy Option Act"), allows the City of Eagan to make a local transit tax levy in lieu of receiving assistance from the Metropolitan Council under Minnesota Statutes, Section 473.388, subdivision 4; and WHEREAS, said local transit levy will replace a similar transit tax levy which would otherwise be made by the Metropolitan Council; and WHEREAS, in order to effectively exercise the local transit tax levy option, it is necessary that the City notify the State Commissioner of Revenue and the Metropolitan Council of its intent to levy the taxes on or before June 30 of each levy year and to include in the notification the amount of the City's proposed transit tax for the levy year; and WHEREAS, it is in the best interest of the City of Eagan that it declare its intent to exercise the local transit levy option for taxes payable in 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan as follows: 1. The City hereby declares its intent to exercise the local transit tax levy option for taxes payable in 2000 as permitted by Local Levy Option Act and as certified by the State Commissioner of Revenue in accordance therewith. 2. The City Clerk is authorized and directed to give the State Commissioner of Revenue and the Metropolitan Council notice of the City's intent to exercise the local transit tax option for taxes payable in 2000 in accordance with the notice attached hereto as Exhibit A and incorporated herein by reference. ADOPTED by the City Council of the City of Eagan this 15th day of June, 1999. Motion by: CITY OF EAGAN Seconded by: CITY COUNCIL Those in Favor: By Those Against: Its Mayor Dated: Attest: Its Clerk 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 15th day of June, 1999. E. J. VanOverbeke, City Clerk 11-5 EXHIBIT A NOTICE OF INTENT TO EXERCISE LOCAL TRANSIT TAX LEVY OPTION FOR TAXES PAYABLE IN 2000 The State Commissioner of Revenue and the Metropolitan Council are hereby notified that the City of Eagan, Minnesota, intends to exercise the local transit tax levy option for taxes levied in 1999 and payable in 2000 pursuant to Laws of Minnesota for 1996, Chapter 455, Section 4. The proposed amount of the City's transit tax for the 1998 levy year is $2,656,407, or the 1999 levy amount ($2,366,027) multiplied by the maximum levy limit increase for the City of Eagan, whichever is less, all in accordance with Laws of Minnesota for 1996, Chapter 455, Section 4, for taxes levied by the City in 1999 and payable in 2000. By order of the City Council of the City of Eagan. /6 Agenda Information Memo June 15, 1999 Eagan City Council C. FINAL SUBDIVISION (HITTNER ADDITION)- KEITH HITTNER ACTION TO BE CONSIDERED: To approve a Final Subdivision to create five lots and one outlot on 4.8 acres at the southeast corner of Pin Oak Drive and Nicols Road in the NE 1/4 of Section 31. FACTS: • The approved the preliminary subdivision on February 16, 1999. The final plat is consistent with the preliminary subdivision. • All documents are anticipated to be signed and in order for execution at the regular City Council meeting on June 15, 1999. ATTACHMENTS: Final Plat page t . = i _ o $ = i F � = u• e E '• i ' � g Y � ' . S y 8 s i S � � I u' u t • s i a' < •_ -_'. 7co W ► Y 5 z 7 e' o a' e' f 1 u° uj w•••q I w .' �� ✓...:�� ��(` of J � �� {i y iilt is Ln Q I — — — — — — — — Q �... - - - - K1=t liLiF,pOi ,..i �...r..1-. r- ----__� r--dba3\--� ►.------Susi--i — 1 12 44 I l I � i,. !I^' l •r a' GG p twl' all �AK.tI•.:. �~I•. •1071/1G4 « I IflEw :K.��ti A~E `/+„• :� s,\L� 1 Ap.\K.� K\C C= _..o•,. �• I I -. I I�. � .Q�� 1• .ot.u,\ �:`�. ;S � ISS. ail A It W I `•.. 1 l � �• � i i i � I 1 J I --------------p.09--------------� �--- ---� a I c\an lccste m — — — — ---$ — —.- -- -o— SlO�sa _ — —.--.—Z -- — rw.IrR _ — — — -N�- — — — — — — — — — — — — — — -US�/(• — — — — — — — — — — — — — — — — — Agenda Information Memo June 15, 1999 Eagan City Council Meeting D. FINAL PLAT (OAKBROOKE 2ND ADDITION)—PULTE HOMES OF MINNESOTA, INC. ACTION TO BE CONSIDERED: To approve a Final Plat(Oakbrooke 2nd Addition)of a 5 acre exception into a 1.5 acre lot and a 3.5 acre outlot located south of Deerwood Drive and west of the Deerwood School located in the southwest 1/4 of Section 21. FACTS: ➢ The final platting of the previously excepted parcel has been prompted by the need to provide additional right-of-way for the construction of Johnny Cake Ridge Road. ➢ The 1.5 acre lot would contain a single family dwelling which currently exists on property while the remaining 3.5 acres would be reserved for future development with a portion being provided by easement as right-of-way for Johnny Cake Ridge Road at Deerwood Drive. ➢ As part of the original Oakbrooke approval,the developer was required to demonstrate a logical manner in which the subject exception could be resubdivided in the future. The plan calls for the creation of 12 lots one of which would accommodate the existing residence that occupies the property. Approval of the final plat will not compromise the ability to implement the resubdivision plan. ➢ At the regular meeting on May 4, 1999,the City Council approved a Waiver of Subdivision to allow the subdivision of the 5 acre exception into a 1.5 acre lot and 3.5 acre outlot subject to the conditions listed in the APC meeting minutes including a requirement that the subject property be platted. ATTACHMENTS (1): Final Plat drawing, page,0 / 9 V WA f S i z v I '0 'S -E I 11 c E cc c c 3t ILL o tl o w it I It -S ---- -GSZ9---- - SL 9% go COC 99601 3.10,90.005 ----------- lb a II\�� \ m \\ .` J°� \ \\� p oSN \ e ''4': '\ gnso�s � ss.com O'k 09 lAD — — — — — — 8 fib ao Agenda Information Memo June 15, 1999 Eagan City Council Meeting E. FINAL SUBDIVISION(NOREEN ADDITION)—JAMES NOREEN ACTION TO BE CONSIDERED: To approve a Final Subdivision (Noreen Addition) consisting of 3 lots located in the southwest 1/4 of Section 26. FACTS: ➢ The Preliminary Subdivision and corresponding rezoning (to an R-1, Single Family Residential designation)was approved by Council action on August 18, 1998. ➢ The financial guarantees and Development Contract are in order and ready for execution. ATTACHMENTS (1): ➢ Final Subdivision drawing,page4�) ai j�� - - - - - _ F7 77 -T - - - Ar it c A /V Asr ------ -- ----AA--- ------mor-----, r" ----------- to --- ------- ------- sawlirw ♦ ft a,ft'., Ft C13 It f it, fit is fill to it 11 I ii( i # _ :; `i i f � , r t to at IL IA 0 0 Agenda Information Memo June 15, 1999 Eagan City Council Meeting F. FINAL SUBDIVISION—AMOCO 2"ADDITION ACTION TO BE CONSIDERED: > To approve a Final Subdivision (Amoco 2"a Addition) consisting of two lots on 9 acres currently platted as Lots 14-18, Block 5, Eagandale Center Industrial Park No. 3, located in the NW '/4 of Section 11 subject to the conditions listed in the APC minutes. FACTS: > The City Council reviewed and approved the preliminary subdivision for Grand Oak Two at their regular meeting on February 16, 1999. > Final plans, development contracts, and financial guarantees are expected to be in order for execution at the regular meeting on June 15, 1999. BACKGROUND/ATTACHMENTS > Final plat drawing,pages thg4-• �3 i ` L 2 NO'29'0VE 1 < R433.01 All °i F a N ^ Z = C) A C) I C) C) ! NR►. '�. � I m I a •`�`` i- I C, �_�� S no pp Z O i .+.,, � �^' ..••;p'P°• I°•a..ri w.run a7. ri v COLNrr I RO•CN0. ,41 .. wa<OVE �nNG'CW +vEnuE) .IL JRYS-RONC BL.0. - 14 j vj , o' c i Cl , - I •'� d}I + co "c' r _ _a...a tiu�,n r.uto.r�_� sY�~r=s J','���\�1• _ 1._ i .uz�s nw•._ _ +.~r r.wr[arra. ............. a -•--- a so'x9•os-wl snofa - AR.•._7 r Ir- T n.._ J• _�,r• �`, �1r �) I nr.r. fig ys it 3 �"; { : ! _, ! �. a y€�.•#; � RI { - ��� }1 -� ? g 12 ; � i= wl a t i ;3j ( j f-�2'9= =1 y{ r •f 3S � f 4 varn DZI A Agenda Information Memo June 15, 1999,Eagan City Council G. FINAL PLAT (SHALLER ADDITION)—SCOTT SHALLER ACTION TO BE CONSIDERED: • To approve a Final Plat(Shaller Addition) consisting of one lot at 3536 Great Oaks Place in the NE '/4 of Section 14. FACTS: • The Shaller Addition plat combines two lots in the Great Oaks subdivision into a single parcel. The site consists of Lots 3 and 6, Block 1, Great Oaks, as well as portions of Outlot C, Great Oaks which were previously combined with Lots 3 and 6 via a waiver of subdivision in 1994. • The applicant plans to construct a rambler style home in this neighborhood and both lots are necessary to provide sufficient land area and lot width for the desired home design. • The City Council approved a vacation of the drainage and utility easement between Lot 3 and Lot 6 at the June 1, 1999, meeting in anticipation of this final plat. ATTACHMENTS: ^ Final Plat (Shaller Addition),page�1 Letter from applicant,page a� O - I 113 zi o � z $3 S'n� r 7�3y 3}gU ¢S6 y 9 HIS iesS Fi YS Z S - m �$ 3 3 7 LLtL�ii 9.T` 3}1 X91 s 1L.'1 Lyysis l yq y RS a,o 3Ylr3 7" g _ Y a b s j �E II 9 N� El c It s snow Occop 1 i4b v \ i e,.r ,`-wo • a Ll- Anift Scott D. Shaller 860 Great Oaks Trails Eagan, Minnesota 55123 April 20, 1999 City of Eagan/Dakota County Treasurer To whom it may concern: In order to build the intended home, of a two-story rambler style design, we need to combine Lot 3 Block 1 Great Oaks Trails with Lot 6 Block 1 3536 Great Oaks Place. Each lot individually is not large enough in width to build the style home we want. The Williams Pipeline easement cuts off part of Lot 3, therefore, when combined with Lot 6, we have the necessary width to properly fit the home we desire. If you have any questions or concerns, feel free to contact me at 651-452-7484 during normal working hours, or at my home at 651-452-9646. Thank you for your consideration. Sincerely, �J Scott D. Shaller Attachment Agenda Information Memo June 15, 1999, Eagan City Council H. FINAL SUBDIVISION (OAKVIEW CENTER)—HOLIDAY STATIONSTORES.INC. ACTION TO BE CONSIDERED: • To approve a Final Subdivision (Oakview Center) to create eight lots and one outlot on approximately 18 acres, located at the southeast corner of Lone Oak Road and Hwy. 55/149. in the NW 1/4 of Section 12.7 FACTS: • The City approved the preliminary subdivision on June 16, 1998. The final plat is consistent with the preliminary subdivision. • This item was scheduled on the June 1, 1999 City Council agenda, but action on the final subdivision was postponed. All final documents are now in order and are ready for execution at this time. ATTACHMENTS: Final Plat(Oakview Center), page - - - - - - -. .- -_ - ..-...- - - - - - - - - - - - - - i r• J O OOZt't y^JL•ppt Ss i s trsR _•G,i �A di (v s x 1 gs f $ z _ E3 i LV.�� � � `, P• W Fs r_•r nft_ - .' A • r r i = et! 5; -J t •r v -• NMS t,•Lwr f - Agenda Information Memo June 15, 1999 Eagan City Council Meeting I. RESOLUTION SETTING PUBLIC HEARING-FORREST RIDGE MULTIFAMILY HOUSING REVENUE BONDS REFINANCING ACTION TO BE CONSIDERED: To approve the resolution calling for a public hearing regarding the issuance of revenue bonds under Minnesota Statutes, Chapter 462C. FACTS: • The City has been contacted by representatives of the Forrest Ridge apartment complex about a refinancing of the project. • The City issued $10,905,700 in bonds in 1985 for the original construction of these apartments. • The City issued $10,740,000 of bonds in 1989 to refinance the original 1985 issue. • The applicant is now proposing that the City issue $10,015,000 to refund the outstanding balance of the 1989 issue plus an additional amount of up to approximately $2,500,000 to finance improvements to the project, fund necessary reserves, and pay additional costs associated with the project and the financing. • As has been the case, the proposed new bonds will be payable solely from revenues of the project and other security provided by the borrower. The City is not liable in any way for the payment of the bonds. • The City's bond counsel, Steve Rosholt, of Faegre &Benson will review the required documents on behalf of the City. ATTACHMENTS: • Enclosed on pages 34 and 3" is a letter from Bruce Batterson of Kennedy & Graven representing the applicant outlining the proposed refinancing. • Enclosed on pages,3 and_,?y is a copy of the resolution calling for the public hearing. 34 S L £L 66,20/90 21,9171,891,59=131' Ntl9d3 40 Al I 0 <= L90£L6L2017 470 Pillsbury Crater - 200 Souch Sixth straar Minneapulis MN 55402 y (612)337.7300 telephone ux (612).137-9310 lax c H A R •T E R E D e-mail:attys@kcnncdy-gravcn.wizt BRuc:K M.BATTERSO?' Atiorne',at Law Direct Dial: (612)337-9259 Email: bbattasun(ii)kerutedy-graven will Fax (402)791-:4061 June 8, 1999 Getie Van 4verbeke City Clerk-Treasurer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 RE; Refuiancing of Forest Ridge Apartments Dear Gene: Enclosed is a firm of Resolution Calling for a Public Hearing and a form of Notice of Public Hearing for the proposed refinancuig of the Forest Ridge Apartments project, which consists of approximately 252 units northeast of the intersection of Denmark and Duckwood Roads. The City originally issued revenue bonds to finance the consmiction of the project in 1985. Si10,740,000 of tax-exempt refunding bonds were issued in 1989, and $10,015,000 of that issue remains outstanding. The Borrower proposes that the City issue $10,015,000 of tax-exempt revenue bonds to refund the outstanding Series 1989 bonds, and up to approximately $2,500,000 of taxable revenue bonds to finance improvements to the Project, land necessary reserves, and pay additional costs associated with the Project and the financing. The Intenlal Revenue Code requires that a public llcaritlg be held pricer to the issumicc of the tax-exempt refunding bonds. The proposed bonds will be payable solely from revenues of the Project and other security provided by the Borrower, as described below. The City is not liable in any way for payment of the bonds. Ilie proposed bonds will be secured by a mortgage-backed security (the "GNMA Security"), which will be payable primarily fiotn the Borrower's repayment of an FHA-insured mortgage loan on the Project. Ibe GNMA Security will be guaranteed as to timely payment of principal and interest by the Govertunent National Mortgage Association ("GNMA"). On the basis of the GNMA guaranty, the bands are expected to be rated "Aaa" by Moody's Investors Service or ZO'd i90E-i6L-ZOb uosue4-4p8/uOnQ-a5T,0CpauuftN bi 'EI 66-80-unc 9 L:i L 66,90/90 21,9171,291,59=131' Nt/9t/3 A0 kIT O <= 1.90 1.6M+i "AAA" by Standard & Poor's Ratings Group. The bonds will be purchased by U.S. Bancorp Piper Jatf'ray Inc. and offcrcd and sold to investors. On behalf of the Borrower, we ask that the Resolution Calling for a Public Bearing be considered by the City Council at its June 15 meeting. Please call me if you or any Council members have any questions regarding this project. Veiy truly yours, Bruce M. Battersoin CC' Steve Rosholt Mark Appelbaum 3 � ED Id I90£- 15L-ZOV uos.. Mq-4ee/Uft^W- gTJ'Cpe�uuaN 171 - El 66-80-UIIL' 91,=£I, 66.90/90 21.9111.891,59=131' NV9V3 40 )IITO <= 1.90£1.6Z2017 RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING ' THE ISSUANCE OF REVENUE BONDS UNDER MINNESOTA STATUTES.CHAPTER 462C BE IT RESUl.VED by the City Council of the City of Eagan, Minnesota (the "City") as follows: Section 1. Recitals. 1.01, The City has previously issued its Multifamily Housing Revenue Refunding Bunds (Forest Ridge Apartments Project .. FHA Insured Mortgage Loan), Series 1989, to refinance the acquisition, construction and equipping of a Project consisting of an approximately 252-unit apartment facility known as Forest Ridge Apartments, located northeast of the is tcrscction of I)enmark and Duckwood Roads in the City, and owned and operated by Forest Ridge Apartments, a Minnesota general partnership(the "Borrower"). 1.02. The Bon-ower has proposed that the City issue $10,015,000 of tax-exempt revenue bonds to refiuid the Outstanding Series 1989 bands, and up to approximately $2,500,000 of taxable revenue bonds to finance improvements to the Project, fund necessary reserves, and pay additional costs associated with the Project and the financing. 1.03. Section 147(1) of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, require that prior to the issuance of the proposed bonds, this Council must conduct a public hearing thereon. Section 2 Kuhl is 1 learule. 2.01. The City Council shall meet at 6:30 p.m. on Tuesday, July 20, 1999, to conduct a public hearing oil the proposed issuance of revenue Bonds as requested by the Borrower. 2.02. The City Clerk-Trcasurcr is authorized and directed to cause notice of the hearing, in substantially the 1i)rm attached hereto as Exhibit A, to be published in a newspaper of general circulation in the City once, at least 15 days prior to the date of the public hearing. Approved by the City Council of the City of Eagan this 15°i day of June, 1999. ATTEST: Mayor ----- City C'lcrk-Treasurer 32 - TPO U05-Aaq-4e8/U0AW- E)WXpftuua>1 vi " £i 66-80-unC 91,:£1, 66.90/90 21,9* L891,59=131' NM9b3 A0 AiI3 <= 1,90£I,6MZ CITY OF EAGAN,MM4ESOTA NOTICE OF PUBLIC HEARING NOTICE 1S HEREBY GIVEN that the City Council of the City of Eagan, Minnesota (the "City") will conduct a public hearing on Tuesday, July 20, 1999, at 6:30 pan. at the City Hall, to consider a proposal by forest Ridge Partnership, a Minnesota general partnership (the `Borrower") lour the issuance of revenue bonds under Minnesota Statutes, Chapter 4620, as amended, to refund the City's outstanding Multifiunily Housing Revenue Refunding Bonds (forest Ridge Apartments Project—F)IA. Instr.red Mortgage Loan), Series 1989, which were originally issued to refinance the acquisition, constnretion and equipping of a Project consisting of an approximately 252-unit apartment facility known as Forest Ridge Apartments, located northeast of the intersection of Denmark and Duckwood Roads in the City, and owned and operated by the Borrower. At the public hearing, the City Courncil will consider adoption of a resolution giving preliminary or final approval to the issuance of revenue bonds to refinance the Project. Under the proposal, $10,015,000 of tax-exerript revenue bonds will be issued to refund the outstanding Series 1989 bonds, and up to approximately $2,500,000 of taxable revenue bonds will be issued to finance improvements to the Project, fund necessary reserves, and pay additional costs associated with the Project and the linancing. The revenue bonds will be limited obligations of the City payable solely from the revenues pledged to the paynncat thereof, and will nut be a general obligation of or be secured by the taxing power of the City. Anyone desiring to be heard during the public hearing will be afforded an opportunity to do SO. Dated: June , 1909 CITY OF EAGAN,MINNESOTA By: Gene Van Overbeke City Clerk-Treasurer 3 1 90-d T90E-T6L-z0V uos.4e-.:�-}e8/UftAW-A0TXPeuue>J VT =ET 66-80-Un Agenda Information Memo June 15, 1999 K. CONTRACT 99-09, ADVENT UNITED METHODIST CHURCH SANITARY SEWER EXTENSION ACTION TO BE CONSIDERED: To approve the plans for Contract 99-09 (Advent United Methodist Church — Sanitary Sewer Extension) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 15, 1999. FACTS: • Contract 99-09 provides for the extension of the sanitary sewer southerly across the Advent United Methodist Church west property line and into Patrick Eagan Park as outlined and discussed in the feasibility report for Project 775. • On March 16, 1999, the City Council accepted a petition from Advent United Methodist Church requesting the extension of sanitary sewer to the southern limits of the Church's property. Subsequently, the City Council authorized the preparation of a feasibility report for Project 775. • The Church has agreed to waive its right to object to the assessment, which will be levied solely against the Church property. Due to Advent United Methodist Church being the only affected property owner for Project 775, a Public Hearing is not required by State Statute. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. ATTACHMENTS: • Exhibit Map,page-0 . WESTBURY DR. 1 ro 50 11 2 Wol 4 &N I I 5-25-99 3 1e�IC.• 5 6 I I 1� \Ne5><bv � Ex.M t I I � I 1 NEW SANITARY SERVICE Advent Methodist Church Lot 1, Block 1 ' 1 1 I I MH 1 Proposed Church Exponsi ' Exist. Church Facility ENTRANCE REMOVAL UNDER PROPOSED SANITARY SEWER PARKS DEPT. CONTRACT � I l --- - - - --- ---I- - - �- - V I � C-- -- - - - - - - - - - - - -� � J 1 I Q � 1 1 i EXISTING PARKING LOT 1 1 I I 1 O 1 I I z 1 I XXW -- - - - -— - - --- - - - - - - 1 J 1 NORTHMEW PARK ROAD MH 2 I I 1 I PROPOSED ENTRANCE & 1 poor. PARKING LOT IMPROVEMENTS ick F ( BY .CITY PARKS DEPT. ) I °9on 1 G:PROJ ANANGS 77SADVENT ADVENTEXH181T DVENT UNITED METHODIST CHURCH Figure 3� SANITARY SEWER EXTENSION 2 City of Eagan PROJECT 775 Agenda Information Memo June 15, 1999 Eagan City Council Meeting L. CONSIDER APPLICATION FOR TEMPORARY ON-SALE LIQUOR LICENSE AND SHOWS LICENSE FOR THE EAGAN ESPRESSFEST TO BE HELD JULY 29TH.30TH.AND 31sT ACTION TO BE CONSIDERED: To approve the temporary on-sale liquor license application and shows license application for the Eagan EspressFest to be held July 29-31, 1999. FACTS: • The EspressFest committee is requesting fee waivers to the shows license and temporary liquor license for this year's annual event. Due to the fact that this year's proceeds will be donated to the Forever Green Program, the representatives of the steering committee feel this is a reasonable request. • Chutney's restaurant will be distributing all alcoholic beverages and is a current liquor license holder in the City. • The required documents have been reviewed and deemed in order by City staff. ATTACHMENTS: • Letter requesting fee waivers and applications enclosed without page number. Agenda Information Memo June 15, 1999 Eagan City Council Meeting M. LICENSE RENEWALS, SERVICE STATIONS AND AMUSEMENT DEVICES ACTION TO BE CONSIDERED: To approve license renewals for service stations and amusement devices as presented. FACTS: • City Code provides for the licensing of service stations and amusement device providers on at least an annual basis. Staff is in receipt of applications from twelve firms requesting renewal of service station licenses and from five firms requesting renewal of amusement device licenses. • These applications have been reviewed by City staff and are in order for consideration by the Council. ATTACHMENTS: • Service station and amusement device licensees attached on page . �0 1999 SERVICE STATION LICENSE RENEWALS Texaco Super Store Holiday Stationstore#68 1579 Cliff Road 1065 Diflley Road Eagan,MN Eagan,MN Holiday Stationstore#232 Holiday Stationstore#247 4595 Nicols Road 3615 Pilot Knob Road Eagan,MN Eagan,MN Total Total 2000 Rahncliff Road 4206 Nicols Road Eagan,MN Eagan,MN Eagan Amoco 4205 Nicols Road Eagan,MN 1999 AMUSEMENT DEVICE LICENSE RENEWALS Awe Vending American Coin Merchandising 3820 Sibley Memorial Highway 5660 Sugarloaf Eagan,MN Boulder,MN 1. Splatball 1. Walmart 2. Piccolo's 3. Diamond T Agenda Information Memo June 15, 1999 Eagan City Council Meeting N. RATIFICATION OF TEMPORARY ON-SALE LIQUOR LICENSE FOR THE EAGAN FOUNDATION FOR THE BYERLY'S RECREATION SCHOLARSHIP FUND EVENT ACTION TO BE CONSIDERED: To ratify the June 8,1999 Special City Council Meeting approval of the temporary on- sale liquor license application for the Eagan Foundation for the Byerly's recreation scholarship fund event and to waive the City's $150 license application fee. FACTS: • A wine and cheese fundraiser is scheduled for June 17, 1999 at Cascade Bay. The event is sponsored by the Eagan Foundation and Byerlys in cooperation with the City. • Since an admission fee is being charged and a part of the payment makes the wine available, a liquor license is required. • Due to the timing of the event and completion of the required application, the license was given approval at the Special Meeting and forwarded on to Liquor Control for their approval. • The City is in the process of purchasing liquor liability insurance at an estimated cost of$375 to cover the event. ATTACHMENTS: • A copy of the application is enclosed without page number. Agenda Information Memo June 15, 1999 Eagan City Council VI. PUBLIC HEARINGS A. VARIANCE—H. CHARLES AHLBERG(565 CHAPEL LANE) ACTION TO BE CONSIDERED: • To approve a Variance of 5 feet to the ten foot setback from a rear lot line for an accessory structure at 565 Chapel Lane, legally described as Lot 7, Burview Acres, in the NE 1/4 of Section 12. FACTS: • The house was constructed in 1978 and has an existing attached garage. The applicant proposes to remove the existing shed in the rear yard and construct a new 672 square foot (24' x 28') detached garage in the northwest corner of the property. • With the proposed new garage,building coverage of the lot would be 14.5%. The total garage area,both attached and detached would be 1,248 square feet, which is less than the 1,300 square foot area of the dwelling. • The applicant's narrative statement is attached with the staff report. ATTACHMENTS: Planning Report and applicant's narrative,pages through.. 1�3 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 2, 1999 CASE: 12-VA-07-05-99 APPLICANT: H. Charles Ahlberg HEARING DATE: June 15, 1999 PROPERTY OWNER: H. Charles Ahlberg PREPARED BY: Pamela Dudziak REQUEST: Variance to Rear Yard Setback LOCATION: 565 Chapel Lane COMPREHENSIVE PLAN: D-I, Single Family Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST H. Charles Ahlberg is requesting a 5 foot Variance to the required 10 foot rear yard setback to allow construction of a 672 square foot detached garage on property at 565 Chapel Lane, legally described as Lot 7, Burview Acres in the NE /4 of Section 12. 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 only 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. q Planning Report—H. Charles Ahlberg June 15, 1999 Page 2 CODE REQUIREMENTS Principal buildings in the R-1 zoning district are required to maintain a rear yard setback of 15 feet. The R-1 district does not identify a minimum rear yard setback for accessory structures. The Estate zoning district, however,requires a 10 foot minimum rear yard setback and this standard has been applied to the R-1 zoning district for accessory structures greater than 150 square feet in area. BACKGROUNDMISTORY The property is 17,550 square feet in area and contains a single family home and attached garage which were constructed in 1978. There is also a large shed in the northwest corner of the lot where the garage is proposed to be located. The shed is proposed to be removed to make way for the new garage. EXISTING CONDITIONS At present, the adjacent property to the north is vacant,but there is a pending development application for townhomes (Windsor Estates) on that property. Other surrounding properties are developed with single family homes. The rear yard of the applicant's lot is flat in the northwest corner, and the yard slopes up and is at higher elevations to the east. The adjacent parcel to the north is lower in elevation than the applicant's property. There is a tree east of where the garage is proposed to be located, and a row of evergreen trees on the adjacent lot to the west which extends nearly the full depth of the lots and the branches span across the property line between the lots. EVALUATION OF REQUEST The existing attached garage is located at the west end of the house and the driveway to the new garage will extend along the west side of the property. The garage is proposed to be located in the northwest corner of the property, 18 feet from the west lot line. The garage is 28 feet wide by 24 feet deep and is 672 square feet in area. Because of the driveway access, existing trees and topography, the proposed location appears to be the best location for a detached garage. That portion of the lot has a large flat area that contains no trees. Locating the garage closer to the rear lot line maximizes the usable yard space. The proposed 672 square foot garage, in addition to the existing 1,300 square foot house and 576 square foot attached garage, brings the building coverage on the lot to 14.5%, which is less than the 20%maximum allowed by the City Code. The City Code also states that accessory structures and uses must be"subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto." The total garage area(both existing attached and proposed detached)would be 1,248 square feet, which is smaller than the 1,300 square foot dwelling. G/ Planning Report—H. Charles Ahlberg June 15, 1999 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicant has submitted the attached narrative explaining the reasons for the variance. Among other things the applicant explains that the location for the new garage is proposed because it is the flattest area of the yard and hence, the most conducive to building. SUMMARY/CONCLUSION The applicant is requesting a 5-foot Variance to the required rear yard setback for an accessory structure to construct a 672 square foot detached garage. The proposed location for the garage utilizes the flat space on the lot that is most easily accessible by a driveway extension to the rear yard. The proposed variance would allow the garage to be placed closer to the rear lot line to maximize the remaining usable yard area and avoid interfering with an existing row of evergreen trees along the lot line of the adjacent property to the west. ACTION TO BE CONSIDERED To approve a 5-foot Variance to the 10-foot rear yard setback for construction of a detached garage on property at 565 Chapel Lane. If approved, the following conditions should apply: 1. The existing shed shall be removed from the property prior to beginning construction of the new garage. 2. The applicant shall obtain a building permit prior to beginning construction. 3. Consistent with the city's home occupation ordinance, no accessory buildings or attached garage shall be used for any home occupation. 4. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. � 6 i � 1 ICS _ ■■z�►��i■�r© ®lo�e�� Aon ,� � (�� E�■c��.;; ooh �v ,mac= a' �c5 OEM loom, � s0 r� /�■� i i p � I�� � ■■SII■. �� � 0 � � ,�,,, :•�. � :moi ij� ... . ... ... Development/Developer. Application: Variance Case No.: 12-VA-07-05-99 +City r 1 ofEagan _'- co J \ , \\ 11\11 1 WE f°\��\ 806. i A\ 43 ' � ',�='J � � � � � \\\\ 1 I I I��•�\\ `\ \ �° _'��r� iii /i-' \ 7:Z_=;— � s 0 I 111\ \ 1 I 1 1 \ ( 1 I f l IhS i 1 C / _ 010-07 \ ~' 11, f 111 0111 �� AREA MAP !!' 8H' PROPOSED GARAGE q 672 s.f. 47' W llf C, 2y' So' �D N EXISTING EXISTING 2s GARAGE HOUSE 576 s.f. 1300 s.f. 7Y' Al �`� 35 rl-�Uck RHLRERG I ---..._- Sc..ln: 130=a„ CNAp<<- LfAWF- �Z? SITE PLAN V I 61 VI Oil VI j ?! I N i I I 6"' i 9' N- d; n, i i i .o a O� � a r I S-0 H. Charles Ahlberg 565 Chapel Lane Eagan, MN. 55121/2329 Eagan City Council 3830 Pilot Knob Road Eagan,MN. 55122/1897 6/l/99 Dear Council Members, I am writing to the council regarding my request for a setback variance for the construction of a garage at my home which is located at 565 Chapel Lane in Eagan. The variance I am requesting is to build the garage five feet from the back yard property line. This would be a variance of five feet from the normally required ten foot setback. The lot our home is built on is of irregular elevation. The northwest corner(back yard) is the only portion of our lot that is flat. Naturally that is where I intend to build the garage. The reasons I want a variance from the setback are as follows. • Preservation of as much of the flat portion of our property as possible. • The space is needed so snow can be plowed away. • The planned location will accommodate several large spruce trees on our neighbors property to the west which overhang my property by several feet. • Additional space between the house and the garage is needed because the driveway will have to curve around the trees. The additional space will reduce the radius of the curve. • The variance will allow the garage to fit naturally with the existing elevations and contours of all of the adjoining property. • The proposed building site will provide significant screening from any multiple dwelling complex proposed for the property to the north which is zoned R-4. The zoning of all of the adjoining properties in the immediate area is single family with the exception of the property to the north which is zoned R4 and lots 11 and 12 of Burview Acres which are owned by the city and are a part of Bur Oaks Park. I have discussed my request with all of my resident neighbors. My neighbors have expressed encouragement and no concerns or objection to my proposal. I plan to commence and complete this project in the summer of 1999 pending approval of this variance request. Agenda Information Memo June 15, 1999 B ADVENT UNITED METHODIST CHURCH EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a drainage and utility easement on Lot 1, Block 1, Advent United Methodist Church and authorize the Mayor and City Clerk to execute all related documents subject to the receipt of recordable replacement easement documents. 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 the 20' drainage and utility easement on Lot 1, Block 1,Advent United Methodist Church. • On May 20, the City Council received the petition for the vacation of the drainage and utility easements and scheduled a Public Hearing to be held on June 15. • The vacation is being requested to allow the relocation of the sanitary sewer extension as proposed in the plans and specifications for Public Contract 99-09. The Church has agreed to dedicate the new easement needed for the sanitary sewer relocation. • This request has been reviewed by the Engineering Division and found to be in order for favorable Council action upon the acquisition of the new easement from the petitioner. ISSUES: + City staff has prepared the new easement documents, but they may not be executed by the Church officials prior to the Public Hearing. If so, the Council should make the approval contingent upon receiving new replacement easements. ATTACHMENTS: • Location Map,page �.� / • Legal Descriptions &Exhibits,pages, and SJ. QPROJECT LOCATION NjeU'QY 5-25-99DR. 1 ! 3 1 7 1 3 O e t~5~ ! 1 1 e NORTHVIEW PARK CITY CITY °1"a 1 c CITY OOOF CITY OF EAGA Z1 W ! Q � u CITY OF EAGAN ,! ooel �� 1 L3 m3-ao �v u �y as" 1. GGP 015_75 17 CITY OF EAGAN Z Wn CITY OF EAGA H r� !1!-!e z e Z oeo-rs X .�1 3 1 ns , 9 .. !1!-76 �f� 6 7 RV 2 e d_X 1 ! 7 CITY UO-79 EAGAN nu w 1L.-N ' bt CITY OF EAGAN ! j ADDITtO 9y Gc C 4. FaX FARE 1 �� �I T'Oa 1 9l � �cH ..n M 19 1 DIFFLEY ROAD TAWG:PROJ_DRAWINGS/775ADVENT/LOCAMON ADVENT UNITED METHODIST CHURCH Figure SANITARY SEWER EXTENSION City of Eagan LOCATION MAP-PROJECT 775 op i OW(VAINAGE ftWXANT /�� 100 NORTHEAST ypp'+/ 1m / PROPE7tT'�CddlEfi 20.0 ' E>es11NC uTury I , � anno' nasrwo EASEMENT V CATIA THAT PART OF LOT 1 BLOCK 1 ADVENT UNITED METHODIST CHURCH, DAKOTA i COUNTY, MN, DESCRIBED AS FOLLOWS: Y % COMMENCING AT THE NORTHEASTERLY LOT CORNER OF LOT 1 BL.00K 1, _ .. ADVENT UNITED METHODIST CHURCH; THENCE SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST ALONG THE NORTH PROPERTY UNE A DISTANCE r< , , „ .< , OF 290.00 FEET. THENCE SOUTH 00 DEGREES 17 MINUTES 33 SECONDS EAST A DISTANCE OF 5 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 00 DEGREES 17 MINUTES 33 SECONDS EAST A DISTANCE OF 15 FEET; THENCE SOUTH 88 DEGREES 55 MNUTES 10 SECONDS WEST A DISTANCE OF 100.00 FEET; THENCE SOUTH 00 DEGREES 17 MINUTES 33 SECONDS EAST A R DISTANCE OF 440.00 FEET; THENCE SOUTH 89 DEGREES 56MINUTES 43 SECONDS WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 33 SECONDS WEST A DISTANCE OF 4,5&06 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 10 SECONDS EAST A DISTANCE OF 115.08 FEET TO THE POINT OF BEGINNING AND THERE TERMINATING. S0O' U,� LEGEND �n ilFIiNANT r iRi017Y IIc NO uwr binR �• 1/ NN'N'IS'E 18.OD �gg OOQg ❑❑❑o 000A OOD G ,'i Fit S 49 x - EiE'd DOSSId >00-19 1a3HD13W WId20:0T 66, 80 Nfll UMUTTY LAR34ENT RDW4N+T 28.03 seoestiatir 220.02 j _._ TY Omn m.OW u "T EASEMENT DEDICATIO g THAT PART OF LOT 1 BLOCK 1 ADVENT UNITED METHODIST CHURCH, DAKOTA COUNTY, MN DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEASTERLY LOT CORNER OF LCT 1 BLOCK 1, ADVENT UNITED METHODIST CHURCH; THENCE SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST ALONG THE NORTH PROPERTY LINE A DISTANCE OF 299.02 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 50 SECONDS EAST A DISTANCE OF 5 FEET, TO A POINT ON THE EAST UNE OF THE EXISTING REMNANT DRAINAGE AND UTILITY EASEMENT, THE POINT CF BEGINNING, THENCE SOUTH 03 DEGREES 03 MINUTES 39 SECONDS WEST A DISTANCE OF 155.85 FEET; THENCE SOUTH 00 DEGREES 17 MINUTES 34 SECONDS EAST A .. DISTANCE OF 299.29 FEET TO A POINT ON THE WEST UNE OF THE EXISTING REMNANT DRAINAGE AND UTILITY EASEMENT, THENCE SOuTH 89 DEGREES 55 MINUTES 10 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 20.00 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 34 SECONDS WEST A ►< 1 1 1 1 K 1 DISTANCE OF 299.80 FEET; THENCE NORTH 03 DEGREES 03 MINUTES 38 SECONDS EAST A DISTANCE OF 155.44 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 10 SECONDS EAST A DISTANCE OF 20.03 FEET TO THE PONT OF BEGINNING AND THERE TERMINATING. aoo' ►— ORA" f uruly LA9E11ETIT �AxT X Al NORTH LEGEND moopow Loa u?K �#M�� X00. .�. EASO.PIT am"m un,r rwmr — _.. .._.. 9A1'8t!'IMr moo . I ocla aoo ❑ao ❑oo g09 .4 It • I 99 13.0 s I y , o �2 DOSSU ADO19 id3HO13W Wd20:0T 66, 80 wnf Agenda Information Memo June 15, 1999 Eagan City Council Meeting qLD PBU A. RECONSIDERATION INTERIM USE PERMIT CONDITION OF APPROVAL—ISD 191 ACTION TO BE CONSIDERED: To reconsider the conditions of approval for the Interim Use Permit(IUP) issued to ISD 191 for the expansion of the Special Education Program at Cedarvale Mall and schedule the item on the regular City Council agenda for July 6, 1999. FACTS: • The City Council approved an IUP for a term of five years to allow expansion (to 90 students) of the Special Education Program at Cedarvale Mall on April 6, 1999. • One of the conditions of approval required that the mix of elementary and secondary students remain constant(40 elementary& 50 secondary). ISSUES: • The School District is requesting that the Council reconsider the condition that restricts the distribution of the student population. ATTACHMENTS: (1) June 2, 1999 Letter from Sue Grissom, ISD 191,page BURNSVILLE • EAGAN • SAVAGE INDEPENDENT SCHOOL DISTRICT 191 Administrative Services Center • (612) 707-2001 • Fax (612) 707-2002 100 River Ridge Court • Burnsville, Minnesota 55337 Superintendent of Schools June 2, 1999 R 1E'C"= %7 IE f j -------------- Thomas L. Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, M;nnesota 55122 Dear Mr. Hedges: Independent School District 191 opened a Special Education Program for students with emotional/behavior disorders at Cedarvale Mall in the Fall of 1998. Fifty students in grades 7— 12 have been effectively served. On April 6, 1999, the Eagan City Council approved a Conditional Use Permit allowing the District to expand its program at Vale to serve up to 90 students, kindergarten through grade 12. The Council approved the permit with two restrictions: 1. The permit was issued for a period of five years. 2. The site was limited to 40 elementary age students and 50 secondary age students. Independent School District 191 requests an amendment to the Conditional Use Permit as follows: The total number of students served at Vale shall not exceed 90. The population shall be monitored to ensure that a distribution of approximately two-thirds secondary to one-third elementary age students is maintained. Please contact Gerry Ackermann, Assistant Superintendent for Instruction at 707-2003 with a date to appear before the Council. Thank you for considering our request. Sincerely, Sue Grissom Director of Individualized Student Services c: Ben Kanninen Gerry Ackermann An Equal Opportunity Employer Agenda Information Memo June 11, 1999 Eagan City Council Meeting >< E A. EXPRESS ROUTE 77C CHANGES (COVINGTON AREA) ACTION TO BE CONSIDERED: Action was to be considered regarding future operation of an MVTA Express Route (Route 77C)operating in Covington Lane. Since this item was scheduled for the formal agenda and published in the newspaper, the MVTA has honored the concerns of the residents and is canceling the route. Therefore, there is no option on this item. FACTS: • The City received more than 25 phone calls on Tuesday/Wednesday, June 8 and 9 objecting to the MVTA Express Route 77C that was operating on Covington Lane. ■ The MVTA agreed on Thursday, June 10,to terminate the route affective on Friday, June 11 or Monday, June 14. ATTACHMENTS: ■ Enclosed on pages so through-0/.?is a copy of a memorandum and additional information that was provided to the City Administrator by the MVTA regarding the proposed Route 77C changes. S 06/10/99 THU 08:40 FAX 6128827600 NN VALLEY TRANSIT 0 002 Memorandum June 9, 1999 To: Beverley Miller From: Mike Abegg Re: Route 77C changes You asked me to summarize the situation regarding the new MVTA express route operating on Covington Lane in Eagan. I understand that there have been several concerns expressed by residents of that area regarding the new services. The new service is part of the restructuring of express services in Rosemount, Apple Valley, and Eagan to better serve current markets as well as to provide service to new transit markets. The Covington Lane area has been an area of potential express service expansion for a number of years. Over the last 5 years, we have received a number of requests for service from residents of Covington Lane and surrounding streets regarding,primarily, the extension of route 77W beyond its previous starting point at Thomas Lake Rd. and Cliff Rd. Until the current service not possible to provide a cost-effective service to these potential passengers. With the June service changes, four trips in each direction on the rerouted 77C will serve Covington Ln. and Ridge Cliffe Dr. The four morning trips will be about every half-hour from 6:00 to 7:30 AM, while the PM trips will be every half-hour from 5:00 to 6:30. This is a relatively low level of service compared with other residential streets on which we operate express buses, such as Southcross and Parkwood Drive in Burnsville, Blackhawk Road, Silver Bell Road and Donald Avenue in Eagan, and Whitney Drive, 147th Street, and Garden View Drive in Apple Valley. The operation of other MVTA buses on these residential streets has not generated any significant complaints nor safety hazards. From my conversations with our customer service personnel, I have heard five basic concerns from the seven residents who have contacted us. These include: conflicts with children who may run into or play in the street; the fact that it is a residential street not suitable for bus operation; that they and other local taxpayers must bear the costs of damage done to the street by buses; that buses will create a pollution problem which will heavily impact senior and young residents with respiratory problems; and that no public notice or hearing was provided. 6128827600 => CITY OF EAGAN ,TEL=6516814612 06/10'99 08:44 06/10/99 THU 08:40 FAX 6128827600 MN VALLEY TRANSIT 10003 2 June 9, 1999 As far as the safety concern regarding children and conflicts with the buses, as well as the concern that such residential streets are not suitable for bus operations, I would simply point to the large number of very similar residential streets on which we currently operate without incident. The streets cited above include several on which buses operate every ten minutes during rush hour, as well as hourly all day long, including weekends and evenings. Our safety record when it comes to pedestrian incidents is excellent; there has never been a case of a child being hit by one of our buses during the nine years we have operated. Metro Transit's District Supervisor for MVTA operations,Scott Berg,has reviewed the routing and has concurred that no unusual safety hazards exist. Throughout our history, we have made a strong commitment to reviewing and improving our already excellent safety record. I have attached some information regarding contractually-required driver training as well as a memo from Scott alerting drivers to the concerns of the residents. When it relates to the damage to the road and pollution caused by this level of bus operation, I believe any realistic study would indicate that they are negligible compared with the contribution of the traffic that currently operates on these streets. At the level of service we are implementing, the only real pollution concern might relate to a point- source problem at the layover spot, which will be along an unpopulated stretch of Thomas Take Road nearly Diffley Road. The pollution caused by eight one-way bus trips operating along a street is nearly insignificant. It shot=_'_' noted that our recent license plate information indicates about a dozen people currently parking at Blackhawk Park & Ride who live on Covington or adjacent streets; these residents might actually reduce pollution by leaving their car at home and catching the bus in front of their house. It is true that no formal public hearing was held to review the potential implementation of service. A public meeting was held in Rosemount in April to review many of the proposed changes, although the meeting was primarily targeted toward current bus riders,not area residents. Of course, we will continue to do our best to work with the City and County representatives on MVTA's Board to keep them informed of future service plans, and we hope that any major concerns would be noted by them. While I have every reason to believe that the route to be implemented on Monday is a safe route, and one that will attract a reasonable ridership, we should of course pay close attention to the City's concerns regarding the route. If the City feels that the safety and well-being of its residents is seriously compromised by the new route, we should respect their wishes. In the mean time, we will make every effort to ensure that MVTA and Metro Transit supervisory personnel closely monitor the situation and keep MVTA's senior management apprised of any developing concerns. Attachments (2) 6128827600 => CITY OF EAGAN ,TEL=6516814612 06/10'99 08:45 06/10/99 THU 08:41 FAX 6128827600 MN VALLEY. TRANSIT [J004 MTC SOUTH GARAGE TEL =612-726-1087 Jun 09 '99 10 : 13 Nu .001 F' - C2 S MletoTransit INTERNAL MEMORANDUM DATE: 06/09/99 TO: All Operators , FROM: Scott Berg, District Supervisor#24 SUBJECT: New 77C Routing - Possible Demonstration The MVTA Operations Manager has notified Metro Transit that residents along Covington Lane are extremely concerned about buses operating through their neighborhood. Buses will begin service into the area on Monday June 14, 1999. Please operate below the posted speeds along the section or T,- k-r, '• firom; the intersection of Ridgecliffe Rd & Cliff Road to Covington Lane & Galaxie Avenue. s The local neighborhood watch group will be monitoring bus operations closely. They may decide to have some sort of demonstration protesting our presence in their community. District Supervision and Metro Transit Police will be in the area monitoring the situation. Should you encounter any type of demonstration that interferes with the safe operation of your vehicle, contact the Transit Control Center via priority call. Under no circumstance should you operate your Diu through a group that may smut to block your route. F a:�ptetMCdao CreaW on 06!09199 11.03 AM mUnam,da(ver 2.0)Oat 98 6128827600 => CITY OF EAGAN ,TEL=6516814612 06/10'99 08:46 06/10/99 THU 08:42 FAX 6128827600 MN VALLEY TRANSIT 0 005 t shall be available at all reasonable times to report to and to consult with the MVTA's Executive Director. B. The Project Manager shall attend the Board meetings of MVTA. C. The MTC shall promptly notify MVTA of the identity of the Project Manager and any changes of the Project Manager. 3.3. Drivers. A. Subject to limitations, if any, in the MTC's collective bargaining agreement, drivers shall meet the following minimum standards: (1) Minimum age of 21 years. (2) Continuous possession of a valid driver's license for the preceding three (3) years. (3) Current possession of all licenses, permits, and medical certificates required by law. (4) No more than two (2) traffic citations for moving violations in the preceding three (3) years. (5) No DWI/DUI convictions. (6) Able to read, write, and speak the English language fluently. (7) Successfully passed pre-employment substance/drug screening. (8) No felony convictions or wanted felon status. (9) Successfully passed a Flysical medical examination. B. MTC shall be responsible for a driver training ' program. Each driver must receive a minimum of eighty (80) hours of training including a minimum of thirty-two (32) hours behind the wheel. At a minimum, the program must include the following: (1) Proper operation of the bus to be used in service. 6� 6128827600 => CITY OF EAGAN ,TEL=6516814612 06/10'99 08:46 06/10/99 THU 08:42 FAX 6128827600 MN VALLEY TRANSIT X006 (2) General principles of defensive driving. (3) MVTA routes and schedules. (4) Accident procedures and reports. (5) Fare collection procedures. (6) Emergency medical procedures. C. Drivers must wear uniforms at all times. Uniforms are subject to the approval of the MVTA after contract award. If the MVTA requires ur_i`orms that differ from standard MTC uniforms, the I=A '-_L'l pay the extra cost. Drivers must be clean and neat in appearance at all times and display identification. D. The State of Minnesota is developing regulations for an applicable drug testing program. MVTA shall be responsible for complying with these regulations upon implementation. E. Regularly assigned drivers or trained back-up drivers shall be available and on time to ensure consistent and reliable service. F. As soon as the dates are known, the MTC shall notify the MVTA of the "pick" dates for driver rotation. 3 .4. Road Supervision. At least one road supervisor shall be on duty during all scheduled (revenue) hours of bus operation. A r:'-_r;um of seventy- five percent (750) of the supervisor' s on duty time shall be in a c supervisory vehicle. 3.5. Other Personnel. The MTC shall supply and furnish all other personnel as are necessary for the safe, sound, and efficient delivery, operation, supervision, and maintenance of the transit system and the buses and equipment used in connection therewith. All personnel furnished by the MTC in connection with the performance of the service shall be and remain the employees of the MTC and not MVTA. 01-3 -8- 6128827600 => CITY OF EAGAN ,TEL=6516814612 06/10'99 08:47 Agenda Information Memo June 15, 1999 Eagan City Council Meeting B. INTEREST REIMBURSEMENT REOUEST-BLOMOUIST-(PROJECT 725, OAK CHASE STREET RECONSTRUCTION) ACTION TO BE CONSIDERED: To approve or deny Bea Blomquist's request for a refund of$144.59 of interest charged on the assessment of the Oak Chase Street Reconstruction Project. FACTS: • The following chronology of events related to the assessment transactions should help provide the necessary background for this request. • The chronology and these legally proscribed actions do not attempt to address the merits of the project,the amount of assessment or any other objections that are all part of a separate issue. • On October 20, 1998 the City Council approved the final assessment roll for Project 725. That assessment roll included an assessment of$1,906.80 for Ms. Blomquist's property. The notice sent out after the meeting and dated October 21, 1998 includes a statement that the assessment could be paid in full without interest for thirty days,the period being specifically from October 21, 1998 through November 19, 1998. This notice also includes the following two statements. First, if you choose to pay after November 19, 1998 interest will be charged from October 20 to December 31, 1998. Second, the first year interest is calculated from the date of the assessment hearing through December 31 of the following year. • The information in this notice is as prescribed in State Law. • Ms. Blomquist filed an appropriate objection in advance of the assessment hearing and notice of an assessment appeal through her attorney on November 19, 1998. • On December 1, 1998 staff forwarded to Dakota County the assessment roll for the Oak Chase project for collection with the real estate taxes in 1999 and subsequent years. Since no payment had been received from Ms. Blomquist,the assessment roll certified to the County included the$1,906.80 assessment on her property. The assessment per the City council adoption of the levy runs for 15 years at 6.5%interest on the unpaid balance. There is no provision in the Statutes for staff to choose not to certify any unpaid assessments, even if they are subject to appeal. 6 • In early March Ms. Blomquist received her 1999 property tax statement from Dakota County. The statement included one year's principal on her assessment($127.12) and interest of$144.59. That interest is calculated at 6.5% from October 20, 1998 through December 31, 1999. Again, all per the law and prior notice. It is staff's understanding that payment was not made because of an assumption that an appeal stayed the entire process. • In early May the City received a check dated April 28, 1999 in the amount of $1,906.80 from Ms. Blomquist • Since the opportunity to pay the total assessment had passed and the first installment was already on the 1999 tax statement, staff attempted to determine the desires of Councilmember Blomquist. Upon her request that the check be cashed,that was done on May 12, 1999 and also a City check in the amount of$127.12 was issued to repay the one installment that is being collected with the 1999 property taxes to ensure that the first installment was paid only once. • Ms. Blomquist is requesting that the $144.59 of interest included on her 1999 property tax statement also be reimbursed. Since the process was properly followed in the application of the statute, staff cannot make this refund without City Council action. • Without specific court direction an appeal does not stay the process of certification and collection. In the event that the District Court determines that a different amount should be assessed pending any assessment appeal, the necessary adjustments and refunds are made at that time per the court direction. ISSUES: • The question of how interest is charged on special assessments and why it is done that way comes up from time to time. Staff has no choice but to follow what is outlined in State Statutes and we have done that in a consistent manner over the years and for all special assessment projects. • In the event that the City Council feels that there is something wrong in that practice, it would be appropriate for official City Council action to direct the staff to work to have the law changed. ATTACHMENTS: • Enclosed on pages and is a copy of the Notice of Revised Special Assessment sent after the City Council adopted the assessment roll on October 20, 1998. S CITY OF EAGAN NOTICE OF REVISED SPECIAL ASSESSMENT Project#1 OP725 October 21, 1998 The EAGAN CITY COUNCIL met at 7:00 PM on the 20th day of October, 1998, at the Eagan City Hall, 3830 Pilot Knob Road, Eagan MN, and approved and adopted the listed special assessments against the following described property: 10-53500-020-02 BLOMQUIST BEATTA 4504 OAK CHASE RD EAGAN MN 55123 The revised special assessment amount is : TOTAL ANNUAL FIRST YEAR FIRST YEAR TYPE OF IMPROVEMENT S/A # PRINCIPAL PRINCIPAL INTEREST INSTALLMENTS STREET RECONSTRUCTION 2970 1906.80 127.12 144.60 271.72 The City of Eagan will accept payment for any portion of these special assessments free of interest charges for a period of 30 (thirty) days. The interest free period begins on October 21 and ends on November 19, 1998. If you choose to pay after November 19, 1998 interest will be charged from October 20 to December 31, 1998 . The First Year Interest is calculated from the date of the assessment hearing through December 31 of the following year. Please make your check payable to "City of Eagan" . Mail your payment to, or pay in person at, the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Mn 55122 . Any unpaid portion will be collected in annual installments of principal and interest for the next 15 YEARS on your future property tax statements which will be issued through the Dakota County Auditor' s office. The annual installments include interest at the rate of 6.5 PER CENT per year on the unpaid balance. 6 Notice of Special Assessment Page - 2 - The assessment roll is on file with the City Clerk. The assessments related to this project total $95,975.60 and the area is as follows: Those properties so assessed are located within the general area South of Wilderness Run Road, North of Cliff Road and West of Lexington Avenue, in the South Half of Section 27, Township 27, , Range 23, City of Eagan, County of Dakota, Minnesota. An appeal to District Court pursuant to Minnesota Statutes, Section 429 . 081 may be made by serving the notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within 10 days after service upon the Mayor or Clerk. However, no appeal may be taken on the amount of the assessment unless a written objection signed by the property owner was filed with the City Clerk at or before the assessment hearing, unless the failure to object was due to reasonable cause. The City has a Senior Citizen deferment ordinance based on income and homestead status . Details are available by calling the Assessment Department, (651) -681-4600 or TDD Number: (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, marital status, or status with regard to public assistance. If you have any questions about this statement, please call Special Assessments at the City of Eagan (651) -681-4600 or TDD Number: (612) -454-8535 . /S/E. J. VanOverbeke City Clerk 3830 Pilot Knob Road Eagan, Minnesota 55122 6 Agenda Information Memo June 15, 1999 Eagan City Council Meeting C. PRELIMINARY SUBDIVISION (KIEFFER ADDITION) - CEIL KIEFFER ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision entitled the"Keiffer Addition" located south of Elrene Road and west of Dodd Road in the NE '/4 of Section 24 subject to the conditions listed in the APC meeting minutes. FACTS: ➢ The subject property is currently platted as Lot 4, Block 7, Hills of Stonebridge. ➢ The applicant is proposing to subdivide the 38,704 square foot single family lot into a 15,386 square foot lot and 23,318 square foot outlot. ➢ It is further the intention of the applicant to sell proposed Lot 1 and someday incorporate the outlot with a 4.5 acre property exception to the south (also owned by the applicant) as part of a future single family development. ➢ At their regular meeting on May 25, 1999, the Advisory Planning Commission held a public hearing to consider the Preliminary Subdivision and recommended approval subject to the conditions listed in the APC meeting minutes. ATTACHMENTS (2): Minutes of the May 25, 1999 APC meeting,pagesethrough-2o Staff report,pages?/ through&. 68' Page 8 n ^ May 25, 1999 ADVISORY PLANNING COMMISSION PRELIMINARY SUBDIVISION MICKEY AND CEIL KIEFFER Chair Heyl opened the next public hearing of the evening regarding Preliminary Subdivision approval to allow the subdivision of a single family residential lot located south of Elrene Road and west of Dodd Road in the NE'/4 of Section 24. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated May 20, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Kirmis noted that it is contemplated that Outlot A would be combined with the property to its south which is owned by the applicant's mother. The applicant noted his presence. No one from the public spoke and Chair Heyl closed the public hearing. Member Segal inquired of the applicant as to the plans for the future subdivision of the property to the south. The applicant indicated that no further development was immediate with respect to the property. In response to questions from the Commission, City Attorney Dougherty stated that a condition was being required that would provide access from Outlot A to Dodd Road across the parcel owned by the applicant's mother to insure that Outlot A would always have immediate access other than Elrene Road. Member Segal moved, Member Anderson seconded, a motion to recommend approval of a Preliminary Subdivision to allow the subdivision of a single family residential lot located south of Elrene Road and west of Dodd Road in the NE'/4 of Section 24, subject to the following conditions: 1. The Developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Hl 2. The property shall be platted. 3. A declaration of covenants and restrictions shall be prepared by the applicant (in a form deemed acceptable by the City Attorney) which requires access to Outlot A to be achieved only from Dodd Road (through the excepted property to the south). The restriction shall be recorded with the property as part of the final subdivision. 4. This development shall dedicate a 10-foot drainage and utility easement centered over the shared lot line between Lot 1 and Outlot A. 6/ Page 9 May 25, 1999 41 ADVISORY PLANNING COMMISSION 5. This development shall be responsible for a cash parks dedication or on-site ponding when it is replatted. 6. Outlot A shall be subject to a cash water quality dedication or on-site ponding when it is replatted. 7. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of any wetland shall be required. 8. A wetland survey shall be completed to determine the presence of any wetlands. All voted in favor. 20 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 20, 1999 CASE: 24-PS-08-04-99 APPLICANT: Ceil Kieffer HEARING DATE: May 25, 1999 PROPERTY OWNER: Ceil Kieffer PREPARED BY: Bob Kirmis REQUEST: Preliminary Subdivision(Kieffer Addition) LOCATION: 700 Stonebridge Circle (Lot 4,Block 7, Hills of Stonebridge) COMPREHENSIVE PLAN: D-II, Mixed Residential (0-6 units/acre) ZONING: PD, Planned Development SUMMARY OF REQUEST Ceil Kieffer is requesting Preliminary Subdivision approval to allow the subdivision of a single family residential lot located south of Elrene Road and west of Dodd Road in the NE 1/4 of Section 24. Specifically, the applicant is proposing to subdivide a 38,704 square foot single family residential lot into a 15,386 square foot lot and 23,318 square foot outlot. The subject property is currently platted as Lot 4, Block 7,Hills of Stonebridge. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that"In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including,but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding,water storage 7/ Planning Report—Keiffer Addition May 25, 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." BACKGROUNDIHISTORY The Hills of Stonebridge subdivision was approved in September of 1987. The 224 lot subdivision was processed as a planned development to allow a number of lots to have street frontages less than the 85 foot minimum standard imposed in R-1 zoning districts. Planning Report—Keiffer Addition May 25, 1999 Page 3 As noted previously, the applicant wishes to subdivide the subject 38,704 lot into a 15,386 square foot lot and 23,318 square foot outlot. It is further the intention of the applicant to sell proposed Lot 1 and someday incorporate the outlot with a 4.5 acre property exception to the south(also owned by the applicant) as part of a future single family development. EXISTING CONDITIONS The subject 38,704 square foot lot is currently occupied by a two-story home that meets all applicable setback requirements. The lot is considered"oversized"being approximately twice the size of most lots within the Hills of Stonebridge subdivision. The property is provided street frontage along both Elrene Road, a neighborhood collector street, and Stonebridge Circle which provides driveway access to the lot. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single Family Residential; zoned Planned Development and designated D-II, Mixed Residential (0-6 units/acre) South - Single Family Residential; zoned Planned Development and designated D-II, Mixed Residential (0-6 units/acre) East- Single Family Residential; zoned R-1, Single Family Residential and designated D-II, Mixed Residential (0-6 units/acre) West - Single Family Residential; zoned Planned Development and designated D-II, Mixed Residential (0-6 units/acre) EVALUATION OF REOUEST Compatibility with Surrounding Area-No physical changes to the property are proposed at this time. As a result, the proposed subdivision is not expected to negatively impact surrounding properties. Lots -Both proposed Lot 1 and Outlot A have been found to comply with minimum R-1 district lot size requirements (considered applicable to the subject property). It is however, anticipated that Outlot A will be combined with the excepted parcel to the south at some future point. To ensure this, it is recommended that access to Outlot A from Elrene Road be prohibited. This issue will be addressed futher in the access section of this report. 1�2 Planning Report—Keiffer Addition May 25, 1999 Page 4 Setbacks - Although the Zoning Code does not have specific setback requirements for a Planned Development, setbacks used in the R-1 zoning district are considered applicable. The proposed subdivision will not result in the creation of any non-conforming setbacks. Access - As a neighborhood collector street, direct driveway access to Elrene Road should be discouraged when other access alternatives exist. Thus, the future consolidation of Outlot A to the south lying exception provides a positive opportunity for an alternate means of access in the future. To ensure such access, a declaration of covenants and restriction should be prepared by the applicant(in a form deemed acceptable by the City Attorney)which requires access to Outlot A to be achieved only from Dodd Road(through the excepted property to the south). The restriction should be recorded against the property as part of the final subdivision. Utilities - Sanitary sewer and water main service is not available to Outlot A,but both can be provided to the outlot in conjunction with future development of the excepted parcel to the south. Easements -This development should dedicate a 10 foot drainage and utility easement centered over the shared lot line between Lot 1 and Outlot A. Parks - The Advisory Parks Committee has recommended that the outlot should be subject to a cash parks dedication and a cash trails dedication to be collected at the prevailing rate in effect when Outlot A is developed. Tree Preservation - There are no tree preservation issues with this development. Water Quality/Wetlands - This development is located in Drainage Basin J in east central Eagan. This one lot and one small outlot development will generate runoff that will be discharged eventually to Fish Lake, which is a Class I waterbody in the City's water quality management plan. Because this is a small development, and there is already one possible jurisdictional wetland located on the site, staff recommends that no on-site ponds be constructed to treat runoff from the impervious areas of the development parcel. However, a cash dedication in lieu of on- site ponding is recommended. There is one possible jurisdictional wetland within the development parcel. SUMMARY/CONCLUSION The proposed subdivision is considered compatible with existing and anticipated uses in the area. Planning Report—Keiffer Addition May 25, 1999 Page 5 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision entitled the Keiffer Addition located south of Elrene Road and west of Dodd Road on property currently platted as Lot 4, Block 7, Hills of Stonebridge in the NE '/4 of Section 24. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Hl 2. The property shall be platted. 3. A declaration of covenants and restrictions shall be prepared by the applicant (in a form deemed acceptable by the City Attorney)which requires access to Outlot A to be achieved only from Dodd Road (through the excepted property to the south). The restriction shall be recorded with the property as part of the final subdivision. 4. This development shall dedicate a 10 foot drainage and utility easement centered over the shared lot line between Lot 1 and Outlot A. 5. This development shall be responsible for a cash parks dedication and a cash trails dedication collected at such time when Outlot A is developed. 6. Outlot A shall be subject to a cash water quality dedication or on-site ponding when it is replatted. 7. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of any wetland shall be required. 8. A wetland survey shall be completed to determine the presence of any wetlands. 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. 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 FINANCIAL OBLIGATION—KIEFFER ADDITION There are pay-off balances of special assessments totaling $-0- 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 -0- TOTAL $-0- f� *A=w 11"'o 6 Mi ���1��■ �a e��,. x,101 �o v .: ��eeee��� 1jg ��� © -�°e: o ♦ ���� ■ .� o�vP .,� ao 11/► acs ,�� �►� � 41��� �►��i ■• ,� . PAP ♦ .. � FS.ro- Luirl ,�� ♦ ♦ice '� �� ♦�� ` � p vJ C�pP �'OE 4 � 1� � II �j��0j ���� ��j •i> .��`� o����� �►,/�� �viii ���o��' ► ♦moi , ® 1��ee �/I !�� �s . . ���I ��� . p�► 111 �i ..� 1 o�dao a��� I ♦,� �� .�� ■ii■ �� e�Froe: v�s� • WE ���r♦ �l��� ��� moo O ,� �� II� i� �� �11,i„`��ISI� ��'1♦sjvp'`��i=.� I. o►'►�I��������II���■■ `�? �e iii M �I♦adv 1 II� O� �.�IN171 rs ��i�ili�►i 'ate r■ ram ias ri a� ♦fir a a ar aME [� rla a jr n+ fro vW wee NIP nn ..... .Aj ui:OG�7� Orsi sir] a jguz LJ ♦ i /� ., ., loll IIS :��� ..• 1 1 City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY cem.."My Development Department The C agan pad Dakota County do toot guarantee the accuracy of this Information and a not responsible for errors or omissions. iaaal_ � _ Zoning and Comprehensive Guide Plan Land Use Map Kieffer Addition Case No. 24-PS-08-04-99 ITIN OWN��► .► ice► `►��� ► I��I ���'►�� An SIX al oil P. ISI •��� 11 a 1► �� ..i � ���i � ��► rV :������i�`i�� yip . LV Current Land Use Designation: MA IOWA D-11 Wool, :♦Mixed Residential (0-6 units/acre) moi .t ., SUM "map Intennabon p-whied by Dakota County Land S�y Deparbnent 415199. -,' E City of Eagan THIS MAP 13 INTENDED FOR REFERENCE USE ONLY Cammity&-velwnent DqVrtm� The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S lit/ lit f Lc - 0 4 so Ali / / I ° m i c vi Z q lot WZ �W8 wcruj � j � N 3; PRELIMINARY SUBDIVISION Agenda Information Memo June 15, 1999 Eagan City Council D. REZONING, PRELIMINARY SUBDIVISION (CHERRYWOOD KNOLL) AND VARIANCE-HERITAGE DEVELOPMENT ACTION TO BE CONSIDERED: A. To approve a Rezoning from Agriculture to R-1 Single Family Residential for 12.1 acres located at 502 Chapel Lane, south of Hwy. 55 and northeast of Bur Oaks Park in the northeast '/4 of Section 12. B. To approve a Preliminary Subdivision for 23 single-family lots and one outlot on 12.1 acres, subject to the conditions listed in the APC minutes. C. To approve a Variance to reduce the minimum front yard setbacks from 30 feet to 25 feet for Lots 1 —5 and Lots 20—23, and from 30 feet to 20 feet for the remaining lots in the development. D. To approve a Variance to exceed the maximum 8% street grade and construct the street with grades of up to 10%. FACTS: • The property is unplatted and contains a single-family residence. The site is largely wooded and has significant changes in elevation. An easterly extension of Chapel Lane is proposed to provide access to this development. The site is located in the airport Noise Zone IV, and the proposed use is considered conditional within that zone. • Outlot A (1.07 acres) is proposed as park land dedication to the city, and a conservation easement is proposed to be established over the northern portion of Lots 19 through 23. • The Advisory Planning Commission held a public hearing on May 25, 1999, and recommended approval of the Rezoning and Preliminary Subdivision and setback Variance, subject to the conditions in the APC minutes. ISSUES: • The APC failed to recommend approval of the Variance to exceed 8% street grades. The APC asked Engineering staff to prepare additional information for the Council regarding street grades. Staff has done so and the memo is attached. • Earlier this year the City Council denied a Preliminary Subdivision and Planned Development(PD) zoning for this site which was submitted by the same developer. The prior Subdivision and PD was designed with small lots and zero lot line setbacks. The City Council rejected the proposed development. The primary objections were the small lot sizes and reduced setbacks, and the cul-de-sac length and lack of a second public access for the development. �a • Based on the Council's comments with regard to the previous PD proposal for this site, the developer has reduced the number of lots and increased the lot sizes without significantly increasing the graded area or significant tree removal. • The Hwy. 55 Access Management Study recently prepared by the City and MN/DOT identifies a full vehicle access location onto Hwy. 55 at the current Shaaf Construction (Parcel 020-03) driveway onto Hwy. 55 (see Street Layout Exhibit). This would would provide direct access onto Hwy. 55 at a location acceptable to MN/DOT for the Cherrywood Knoll development as well as the surrounding neighborhoods. ATTACHMENTS: _760 rr May 25, 1999 APC Minutes,pages�through 860 Memo from Engineering regarding street grades,pages through Staff Report,pages through g� Page 10 May 25, 1999 r �� ADVISORY PLANNING COMMISSION , '` i REZONING & PRELIMINARY SUBDIVISION HERITAGE DEVELOPMENT Chair Heyl opened the next public hearing of the evening regarding a Rezoning from Agriculture to R-1 Single-Family and a Preliminary Subdivision (Cherrywood Knoll) to create 23 lots and one outlot on 12.1 acres at 502 Chapel Lane located at the east end of Chapel Lane, south of Highway 55 and northeast of Bur Oaks Park in the northeast quarter of Section 12. The proposal includes Variance requests for (1) maximum cul-de-sac length; (2) to reduce the 30-foot minimum front yard setback; and (3) to exceed the maximum 8% street grades. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated May 20, 1999. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak noted that there variances were being sought for the development. Tom Von Bische addressed the Commission on behalf of the applicant. He noted that the applicant can comply with the suggested conditions for subdivision approval but noted his disagreement with the staffs position on the need for a variance to the street grades. Vern Shaaf addressed the Commission regarding the extension of a roadway from Chapel Lane to Highway 55. Mr. Shaaf noted that his father had dedicated 33 feet to the City but that the street could only be improved through the consent of the Shaafs. Mr. Shaaf indicated that neither he nor his neighbor to the east were in favor of the construction of a roadway through their property. Roger Shaaf addressed the Commission regarding the potential problems associated with the development of Windsor Estates and the likelihood that additional vehicle traffic would be existing to Highway 55 adjacent to their property. Chair Heyl closed the public hearing. In response to questions from the Commission, City Engineer Gorder indicated that the location of the extension from Chapel Lane from Highway 55 is the result of an area-wide study conducted along the Highway 55 Corridor. The study identified a full vehicular access at this point. Further discussion ensued as to the need for the public improvement project for the street construction and whether the road was necessary as a condition to approval of the applicant's subdivision. The applicant requested the Commission to remove Condition No. 11 regarding the street connection. Chair Heyl commented that the street connection to Highway 55 had to be viewed by the City not only in relation to the proposed development but with regard to safety for the entire neighborhood. Member Segal moved, Member Huusko seconded, a motion to recommend approval of a Rezoning from Agriculture to R-I Single-Family. Page I I r -. May 25, 1999 _77 ADVISORY PLANNING COMMISSION All voted in favor. Member Segal moved, Member Steininger seconded, a motion to recommend approval of Preliminary Subdivision (Cherrywood Knoll) to create 23 lots and one outlot on 12.1 acres at 502 Chapel Lane located at the east end of Chapel Lane, south of Highway 55 and northeast of Bur Oaks Park in the northeast quarter of Section 12. The proposal includes Variance requests for (1) maximum cul-de-sac length; (2) to reduce the 30-foot minimum front yard setback; and (3) to exceed the maximum 8% street grades, subject to the following conditions: General Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B2, B4, C 1, C2, C3, C4, D1, E 1, 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level). This noise attenuation requirement shall be recorded against each lot as a notice to buyers and builders. 4. Lot 6 shall provide a minimum rear yard setback of 15 feet for the existing structure. Storm Drainage 5. The developer shall obtain MN/DOT permit approval for the proposed storm water discharge into the Hwy. 55 right-of-way. Water Quality 6. On-site ponding shall be constructed to treat runoff prior to discharge to Pond GP- 2. The pond shall be in the location shown on the preliminary grading plan. The excavation of the pond shall include a 10-foot wide aquatic safety bench extending from the normal water level. Side slopes below the bench shall not exceed 3:1. The pond shall have a minimum wet volume of .09 acre and .22 acre-feet. 7. A cash water quality dedication in lieu of on site ponding shall be required for areas in the development for which stormwater runoff is not treated by the proposed pond. Gradiniz Page 12 May 25, 1999 -r _ ADVISORY PLANNING CONMSSION 8. Prior to final subdivision approval, the developer shall obtain a grading easement from the property owner of Parcel 010-06 for the proposed grading of Chapel Lane. Utilities 9. The existing sheds shall be removed and all wells and septic tanks abandoned and capped according to Dakota County and City requirements. Access/Street Design 10. The developer shall obtain the required right-of-way along the south boundary of Parcel 010-06 to accommodate the Chapel Lane extension prior to final subdivision approval. 11. Prior to the applicant receiving final subdivision approval, the City Council must have approved an improvement project for the connection of Chapel Lane to Highway 55. Easements/Rights-of-Way/Permits 12. The development shall dedicate restricted access along the entire length of the subdivision adjacent to Hwy. 55 right-of-way, as required by the Minnesota Department of Transportation. Tree Preservation 13. A revised Tree Mitigation/Landscape Plan shall be submitted that includes the following changes: 14. To help prevent future defoliation by insects (yellow-headed spruce sawfly in particular), the row of Black Hill Spruce trees along the east and south property lines should be broken up with other conifer and/or deciduous tree species or with clusters of trees with adequate spacing between them. 15. Substitute more shade tolerant conifers and/or deciduous trees for Black Hills Spruce on the south property line. 16. Heavily landscape the area on top of the proposed retaining wall, behind lot 9, to serve as safety screening for this six-foot retaining wall which is located adjacent to park dedication land. 17. Strategically cluster the proposed boulevard trees into areas where they will serve as buffers from road traffic/headlights/etc. Clusters should be placed on the outside curves of the two road turns and the cul-de-sac. 76 Page 13 May 25, 1999 ADVISORY PLANNING CONMSSION 18. The Tree Inventory/Tree Preservation Plan shall be revised to show the correct placement of tree protection fencing at the perimeter of the Critical Root Zone as defined by the city ordinance. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 19. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Park and Trail Dedications 20. This development shall be responsible for a park land dedication consisting of Outlot A (1.07 acres). The developer shall convey Outlot A to the city free and clear of all encumbrances and shall be responsible to record the conveyance with the plat. The developer shall provide the city with evidence of clear title to the property prior to conveyance. 21. Trails dedication shall be fulfilled through payment of a cash dedication. The cash trails dedication is payable prior to release of the final plat for recording, at the rate in effect at that time. 22. To recommend approval of a Variance to reduce the minimum front yard setbacks from 30 feet to 25 feet for Lots 1 — 5 and Lots 20 — 23, and from 30 feet to 20 feet for the remaining lots in the development. 23. To recommend approval of a Variance to exceed the maximum 8% street grade and construct the street with grades of up to 10%. Further discussion ensued with respect to the need of access to Highway 55 and whether the construction is a benefit to the Shaafs. All voted in favor. Member Segal moved, Member Steininger seconded to recommend approval of a Variance to the minimum front-yard setbacks. Members noted that the issuance of the variance would save a significant number of trees within the subdivision. All voted in favor. Member Segal moved, Member Steininger seconded to recommend approval of a Variance to exceed the 8% street grade. Page 14 May 25, 1999 ADVISORY PLANNING COMMISSION Chair Heyl questioned whether any hardship was being shown and noted that this appeared to be solely an economic issue. In response to questions from the Commission, City Engineer Gorder addressed concerns with the severity of a street slope at 10% and in particular safety and maintenance issues. Other. Members noted that the developer was creating the hardship. Member Segal voted in favor and Chair Heyl and Members Anderson, Huusko, Steininger and Tilley opposed. rf :•?;:;:•ii:iiiYii$i"+•Fii%•'•Y:5{: :>: ;, ,»:;:r::. MEMO city of eagan TO: MAYOR & CITY COUNCIL FROM: JOHN GORDER,DESIGN/DEVELOPMENT ENGINEER DATE: JUNE 9,1999 SUBJECT: CHERRYWOOD KNOLL PROPOSED DEVELOPMENT—STREET GRADE VARIANCE The above-referenced development proposal is up for consideration at the Junel5, 1999 City Council meeting. At the May 25, 1999 public hearing for the Cherrywood Knoll development proposal, the Advisory Planning Commission considered a variance request which would allow a cul-de-sac centerline street grade in excess of the City code maximum of 8 percent. The Planning Commission requested that staff provide the City Council with background information regarding existing streets with grades in excess of 8 percent including maintenance and school transportation experience. They also requested that information be provided to the Council regarding tree and retaining wall impacts to this development proposal if the 8 percent maximum is required. EXISTING CUL-DE-SAC STREET LOCATIONS IN EXCESS OF 8% The following is a list of existing cul-de-sacs in the City which have street grades greater than 8 percent. Also, for reference,there is a map attached indicating these locations. Grade Len- h Murphy Parkway(Blackhawk Pond) 12% 250 feet Michelle Drive(Hidden Valley) * 10% 500 feet *Note: Temporary until second access (less than 8%) provided through Skovdale Addition future development. Also, a cul-de-sac to be constructed with a future phase of the Pinetree Pass subdivision was approved with a variance to the street grade (10%for approximately 175 feet). For comparison, the Cherrywood Knolls development proposes 10%grades for lengths of 325 feet and 170 feet in two locations. MAINTENANCE EXPERIENCE WITH STEEP STREET GRADES City maintenance personnel indicate that the existing steep grades on Michelle Drive pose a problem mainly at its intersection with Pilot Knob Road. The snow plow vehicles have had a difficult time stopping and starting at this intersection given the steep grades at the stop sign. This would not be the situation with the Cherrywood Knoll development as the steep grades proposed would not be near an intersection where the plows would be required to stop. Minimal difficulty has been experienced with the steep grades on Murphy Parkway. Gentler grades at the top and bottom of the steep grade where plows can "recover" prior to having to make any turning movements or to stop and start. SCHOOL TRANSPORTATION Cher ywood Knolls would be located in School District 196. Transportation staff from ISD 196 indicate that school buses would not enter a cul-de-sac less than one-half mile long, regardless of the street grades. This cul-de-sac is proposed at 1,400 feet long (if the street extension from Chapel Lane to Hwy. 55 was constructed), or approximately one-quarter mile long, so children would be picked up at the current end of Chapel Lane. If the street extension did not occur, the school buses would drive to the end of the proposed cul-de-sac to pick up children and turn around. TREE IMPACTS/ ADDITIONAL RETAINING WALLS To change the street grades from the proposed 10 percent to the City code maximum of 8 percent, the developer's engineer estimates the following impacts: • An additional 46 trees or 0.57 acres of significant woodlands would be removed (additional 11%) • An additional 1,300 square feet of retaining wall would be needed mainly at the south and east boundaries in the rear of the proposed lots. These walls would be needed to accommodate the existing grades of the surrounding houses as well as the existing house on site. If any additional information would be helpful in addressing this issue, please feel free to contact me. Respectfully submitted, ohn Gorder Development/Design Engineer C: Tom Colbert,Director of Public Works Pam Dudziak, Planner Heritage Development FCO ................... 0 .............. lPilot Knob Road ........................ ..................................................... .......................... ......................... *............ --------- ................. ................. ............ I.......... a ati - as ai a� Existing Steep Cul-de-Sac Locations City of Eagan PLANNING REPORT CITY OF EAGAN REPORT DATE: May 20, 1999 CASE: 12-PS-10-04-99 APPLICANT: Heritage Development HEARING DATE: May 25, 1999 PROPERTY OWNER: John and Claudette Sexton PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision and Rezoning LOCATION: 502 Chapel Lane COMPREHENSIVE PLAN: D-I, Single Family Residential ZONING: A, Agriculture SUMMARY OF REQUEST Heritage Development is requesting approval of a Rezoning from Agriculture to R-1 Single- Family, and Preliminary Subdivision (Cherrywood Knoll) to create 23 lots and one outlot on 12.1 acres at 502 Chapel Lane located at the east end of Chapel Lane, south of Hwy. 55 and northeast of Bur Oaks Park in the northeast 1/4 of Section 12. The proposal includes Variance requests for 1) maximum cul-de-sac length, 2)to reduce the 30-foot minimum front yard setback, and 3) to exceed the maximum 8% street grades. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subdivision 5 states in part that the City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. 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: Planning Report - Heritage Development February 23, 1999 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including,but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding,water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. 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." Planning Report- Heritage Development February 23, 1999 Page 3 Variance: City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if- 1. f: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. BACKGROUNDMISTORY The property is unplatted and contains a single-family residence in the central part of the site, which was constructed in 1966. There are also three sheds on the property which will be removed with the development. The existing residence is served by well and septic. Earlier this year the City Council denied a Preliminary Subdivision and Planned Development (PD) zoning for this site. That proposal was submitted by the same developer. The prior Subdivision and PD was designed with small lots averaging 7,400 sq. ft. for single-family detached homes clustered in the central and southern portion of the site. Front yard setbacks were proposed to be 20 feet. Zero setbacks were proposed on one side for each lot, with a minimum of 15 feet between structures. The previous submittal included two outlots, a 1.2-acre outlot at the southwest corner of the site was proposed for park land dedication to the city; and a 2.9-acre outlot on the northern portion of the site was proposed to be left as open space. The primary objections to the previous proposal were the small lot sizes and reduced setbacks, and the cul-de-sac length and lack of a second public access for the development. EXISTING CONDITIONS The topography is hilly and the site is largely wooded. On the southern portion of the site the highest elevation is 902 and drops to 822 at the west boundary. The northern portion of the site has elevation changes from 864 sloping down to 822 at the northern boundary along Hwy. 55. An easterly extension of Chapel Lane is proposed to provide access to this development. Planning Report-Heritage Development February 23, 1999 Page 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Hwy. 55 South - Bur Oak Hills development; zoned R-1 (Residential, Single Family); guided D-I (Single Family Residential) East- Bur Oak Hills development; zoned R-1; guided D-I West- Single Family Residences zoned A(Agriculture) and R-1; guided D-I and a contracting yard; zoned GB (General Business) and guided D-III (Residential Townhouse 6-12 units per acre). To the southwest is Bur Oaks Park. EVALUATION OF REQUEST Description of Proposal - Based on the Council's comments with regard to the previous PD proposal for this site, the developer has reduced the number of lots and increased the lot sizes. Because of the hilly topography and wooded nature of the site, the proposal still includes variances to the required 30-foot minimum front yard setback. Compatibility with Surrounding- The proposed single-family use is consistent with the surrounding development and the use specified in the city's Comprehensive Guide Plan. 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 in Metropolitan Development Guide 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 IV. Within this area, infill residential development would be conditional. Therefore, to approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. Planning Report -Heritage Development February 23, 1999 Page 5 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways,parallel taxiways or engine run-up areas. With respect to the factual aspects of the findings, the property lies approximately 4.5 miles southeast of the nearest runway at the airport. On an annual average, approximately half of all arrivals and departures can be expected to use the runways to and from the southeast. Upon completion of the new north-south runway, approximately one-third of all arrivals and departures are expected to use the north-south runway. At current traffic levels, the airport handles approximately 500,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. The property is approximately six miles from the engine maintenance and run up area. (Issues#3, 4 and 8) While the Stage III airline fleet, federally mandated by the year 2000,will create less noise per operation than the current fleet,the future net affect of such reductions is not certain. As such, regional policy requires that cities take current noise levels into account until such time as reductions in actual noise result in a reduction of the policy contours. As part of its updated Comprehensive Land Use Guide Plan,the City will depict the Metropolitan Council's noise policy contours on its land use and zoning maps. This will serve as notice to future occupants of the potential noise from aircraft operations. (Issue#6) If the City determines that findings concerning these conditions support the approval of this application, architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA(DNL level minus required dBA level). (Issue#5) This noise attenuation requirement shall be recorded against each lot as a notice to future buyers and builders. Densi - The allowable density is set by the land use designation in the Comprehensive Plan. This property is designated D-I, which allows single-family residential development up to 3 units per acre. The proposed development has a gross density of 1.9 units per acre. Lots - The developer proposes 23 lots, and all lots meet or exceed the 12,000 square foot minimum lot size. The lots range in size from 12,000 square feet to 45,539 square feet. The existing residence is proposed to remain on Lot 6. Setbacks—A Variance is requested to reduce the required front yard setback from 30 feet to 25 feet for Lots 1. —5 and Lots 20—23, and from 30 feet to 20 feet for the remaining lots. The 96 Planning Report-Heritage Development February 23, 1999 Page 6 Variance is requested because of the hilly terrain and wooded nature of the site. Reducing the setbacks and allowing the structures to be placed closer to the street minimizes grading and tree loss. The proposed 25 and 20-foot front yard setbacks should provide sufficient depth for vehicle parking on driveways without obstruction to the public right-of-way. The reduced setbacks are proposed to transition through the development from the existing houses along Chapel Lane to 25 feet in the first segment of the development(Lots 1-5 and 20-23), and to 20 feet for the lots further into the development. The existing residence on Lot 6 should be subject to the same minimum setbacks as the other lots and therefore, the west lot line of Lot 6 should provide a 15-foot rear yard setback from the existing structure. Landscaping -A landscape plan is not required for single-family residential development. The plan submitted for this development shows proposed tree mitigation. Grading - The preliminary grading plan is acceptable with some modifications. The preliminary grading plan shows some grading on Parcel 010-06 to accommodate the extension of Chapel Lane to the east. The developer should obtain a grading easement from the property owner of Parcel 010-06 prior to final subdivision approval. Storm Drainage - The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain via storm sewer to a storm water basin in the northwest corner of the site before discharging into the Hwy. 55 ditch. The developer should obtain MN/DOT permit approval for the proposed storm water discharge into the Hwy. 55 right-of-way. Wetlands/Water Quality - This development is located within the watershed of Bur Oak Lake, a Class II indirect contact recreation water body. Runoff from the site will be discharged first to Pond GP-2, a 2-acre pond designated as a nutrient trap in the City's Water Quality Management Plan. Pond GP-2 in turn discharges via a lift station to Bur Oak Lake. This runoff should be treated through on-site ponding prior to discharge to Pond GP-2. Since the development parcel is very hilly and the majority of the parcel is heavily forested, the stormwater pond should be constructed in the low area in the northwest corner of the site as shown on the grading plan. The pond excavation should be conducted to include a 10-foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL and side slopes below the aquatic bench should be 3:1 to a maximum depth of four feet. The pond should have a minimum surface area and wet volume of.09 acre and .22 acre-feet respectively. For those areas where stormwater runoff is not treated by the proposed pond, the developer should be responsible for payment of a cash dedication in lieu of on-site ponding. The cash dedication is anticipated to be in the amount of$1,000.00. There are no jurisdictional wetlands within the development parcel. Planning Report - Heritage Development February 23, 1999 Page 7 Utilities - Sanitary sewer and water main is readily available for connection by the development within Chapel Lane along the west edge of the site. The developer should abandon and cap all well and septic systems on the site according to Dakota County and City standards. Access/Street Design-Public street access for the development will be from the extension of Chapel Lane, currently a 2300-foot long dead end street. This development proposes to extend Chapel Lane another 1400 feet to the east and south. The Hwy. 55 Access Management Study recently prepared by the City and MN/DOT identifies a full vehicle access location onto Hwy. 55 at the current Shaaf Construction(Parcel 020-03) driveway onto Hwy. 55 (see Street Layout Exhibit). Also, improvements to the south Hwy. 55 frontage road in the area recently approved by the Council will eliminate direct access for the adjacent neighborhoods onto Hwy. 55. A public street connection from the current dead end of Chapel Lane to Hwy. 55 (at Shaaf Construction driveway)would provide direct access onto Hwy. 55, at a location acceptable to MN/DOT for the Cherrywood Knoll development as well as the surrounding neighborhoods. The construction of this street connection to Hwy. 55 should be approved as a public improvement project by the City Council prior to final plat approval for this development.. While this street connection will shorten the length of the cul-de-sac portion of Chapel Lane, it does not eliminate the need for a Variance because the 1400-foot long cul-de-sac length will still exceed the City Code maximum of 500 feet. The only access to this development site is from Chapel Lane and additional connections to the south or east are not possible because of the terrain and surrounding development patterns. The City Code sets maximum street grade standards at 8% for a cul-de-sac with traffic levels of up to 150 average daily trips (ADT), and 10% for a low-density street with up to 300 ADT. This development contains a 1400-foot dead end street with projected ADT of approximately 230. A majority of the proposed street grades for Chapel Lane within the development are 10%. It is staff's opinion that the street is one continuous dead-end street and the applicable maximum grade would be 8%. Therefore, to exceed this grade requirement, a Variance is required. The developer argues that the street should be considered a low density local street and that it is three distinct street segments and therefore, the first two segments should be subject to a 10% maximum street grade and only the southern segment should be subject to the 8%maximum grade. The developer used this design believing it to be in compliance with the street grade limits because they are attempting to minimize the area of disturbance, the number and height of retaining walls, and the amount of material that must be removed from the site. Easements/Rights of Way/Permits -As mentioned above, the developer should obtain MN/DOT permit approval for the proposed storm water discharge into the Hwy. 55 right-of-way. The developer should dedicate restricted access along the entire length of the subdivision adjacent to Hwy. 55 right-of-way, as required by MN/DOT. Planning Report- Heritage Development February 23, 1999 Page 8 Tree Preservation—With some modifications, the Tree Mitigation/Landscape Plan is acceptable. Approximately 75% of this site is covered with some type of significant vegetation. The north 1/3 and southwest %2 of the site have steep terrain. A tree inventory has been submitted and it indicates that there are 374 individual significant trees on site. Individual tree species include oak,birch, ash, hackberry, cottonwood, aspen,black cherry, boxelder, basswood, apple, and spruce. Diameters range from 6 inches to over 30 inches. There are also areas of this site that contain smaller diameter hardwood deciduous trees (less than 6 inches) and smaller diameter softwood deciduous trees (less than 12 inches) growing between the individual 374 identified significant trees. Areas of this type of vegetation are located in the north part of the site and in the southwest part of the site. These areas are smaller in size than what would comprise a significant woodland, but they are an integral part of the vegetation of the entire site. The trees and woodlands of this development site make up what can be described as a typical mixed northern hardwoods stand. There is almost complete crown cover of the wooded area, with an ideal understory of mixed small trees, shrubs and forest groundcover. The southwest portion of this development is directly adjacent to the northeast portion of Bur Oaks Park. This is of particular concern as the heavily wooded southeast hillside of the development site is very visible from both the south part of Bur Oaks Park (a critical view across the lake) and from the north part of Bur Oaks Park(from the playground and picnic area). Staff feels that it is critical to preserve this viewshed. This hillside is the area proposed to be preserved and dedicated to the city as parkland dedication. The development as proposed will result in the removal of 165 significant trees (44.1% of the total). According to the City of Eagan Tree Preservation ordinance allowable removal for this type of development (multiple-lot single-phase single-unit residential) is set at 40% (150 trees). With a significant tree 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 forty- eight (48) Category B trees (or an equivalent number of Category A or Category C trees). A revised Tree Mitigation/Landscape Plan should be submitted prior to final subdivision approval. The following items are recommended changes. • Break up the row of Black Hill Spruce trees along the east and south property lines with other conifer and/or deciduous tree species or with clusters of trees with adequate spacing between them. This will help prevent future defoliation by insects, the yellow-headed spruce sawfly in particular. • Substitute more shade tolerant conifers and/or deciduous trees in place of Black Hill Spruce on the south property line. • Heavily landscape the area on top of the proposed retaining wall, behind lot 9, to serve as a safety screening for this six-foot retaining wall (which is located adjacent to park dedication land). • Strategically cluster the proposed boulevard trees into areas where they will serve as buffers from road traffic/headlights/etc. Clusters should be placed on the outside curves of the two road turns and the cul-de-sac. ? 9 Planning Report - Heritage Development February 23, 1999 Page 9 Staff has some additional concerns that should be noted. These include proper placement of tree protection fencing and staff review in the field of the retaining wall placement to minimize impacts into Outlot A(the park dedication area). Tree protection fencing should be installed at the drip line or at the perimeter of the Critical Root Zone (CRZ), whichever is greater, of significant trees or woodlands to be preserved. The outer edge of the CRZ is defined as being a distance of one foot per one inch of tree diameter. City Forestry staff shall be notified after the tree protection fence is correctly placed and before grading operations begin so an inspection can take place. Parks and Recreation- The City may require park dedication to be fulfilled either through a dedication of land (10% of the site) or through a cash payment. The developer is proposing to dedicate the 1.07-acre Outlot A to the City to towards the park dedication requirement. The developer is also proposing a conservation easement to be granted to the City over the northern portion of Lots 19 through 23. The APrC reviewed this proposal at their regular meeting on May 17, 1999. The APrC recommended that the 12.1-acre development be responsible for a land dedication of 1.07 acres (8.8%), and a 2.24-acre conservation easement over the northern portion of Lots 19 through 23. The APrC also recommended that the trail dedication be fulfilled through a payment of a cash dedication. Cash dedications for residential developments are payable prior to release of the final plat for recording and are payable at the rate in effect at that time. The 1999 City Fee Schedule specifies a rate of$163.00 per unit for trails dedication. SUMMARY/CONCLUSION Heritage Development is requesting approval of a Rezoning from Agricultural to R-1 (Single- family residential) and a Preliminary Subdivision (Cherrywood Knoll) to create 23 lots and one outlot on 12.1 acres. The severe topography and wooded condition of the site present challenges for development. The developer is requesting Variances to reduce front yard setbacks,to exceed maximum street grades and to exceed the maximum cul-de-sac length. Revisions to the tree mitigation plan are required and a new public street connection from Chapel Lane north to Hwy. 55 will be needed. Other issues include whether the three variances are justified, and the location of the development site within airport Noise Zone IV. ACTION TO BE CONSIDERED A. To recommend approval of a Rezoning from Agriculture to R-1 Single-Family Residential, on 12.1 acres of unplatted property at 502 Chapel Lane, south of Hwy. 55 and northeast of Bur Oaks Park in the northeast '/<of Section 12. B. To recommend approval of a Preliminary Subdivision with a Variance to exceed the maximum cul-de-sac length of 500 feet, to create 23 lots on 12.1 acres of unplatted property /D 0 Planning Report-Heritage Development February 23, 1999 Page 10 at 502 Chapel Lane, south of Hwy. 55 and northeast of Bur Oaks Park in the northeast 1/4 of Section 12. If approved the following conditions should apply: General Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B2, B4, C1, C2, C3, C4, Dl, E1, 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA(DNL level minus required dBA level). This noise attenuation requirement shall be recorded against each lot as a notice to buyers and builders. 4. Lot 6 shall provide a minimum rear yard setback of 15 feet for the existing structure. Storm Drainaize 5. The developer shall obtain MN/DOT permit approval for the proposed storm water discharge into the Hwy. 55 right-of-way. Water Quality 6. On-site ponding shall be constructed to treat runoff prior to discharge to Pond GP-2. The pond shall be in the location shown on the preliminary grading plan. The excavation of the pond shall include a 10-foot wide aquatic safety bench extending from the normal water level. Side slopes below the bench shall not exceed 3:1. The pond shall have a minimum wet volume of.09 acre and .22 acre-feet. 7. A cash water quality dedication in lieu of on site ponding shall be required for areas in the development for which stormwater runoff is not treated by the proposed pond. —Grading 8. Prior to final subdivision approval, the developer shall obtain a grading easement from the property owner of Parcel 010-06 for the proposed grading of Chapel Lane. Utilities D/ Planning Report -Heritage Development February 23, 1999 Page 11 9. The existing sheds shall be removed and all wells and septic tanks abandoned and capped according to Dakota County and City requirements. Access/Street Design 10. The developer shall obtain the required right-of-way along the south boundary of Parcel 010-06 to accommodate the Chapel Lane extension prior to final subdivision approval. 11. The construction of the street connection from Chapel Lane to Hwy. 55 shall be approved as a public improvement project by the City Council prior to final plat approval for this development. Easements/Rights-of-Way/Permits 12. The development shall dedicate restricted access along the entire length of the subdivision adjacent to Hwy. 55 right-of-way, as required by the Minnesota Department of Transportation. Tree Preservation 13. A revised Tree Mitigation/Landscape Plan shall be submitted that includes the following changes: a) To help prevent future defoliation by insects(yellow-headed spruce sawfly in particular), the row of Black Hill Spruce trees along the east and south property lines should be broken up with other conifer and/or deciduous tree species or with clusters of trees with adequate spacing between them. b) Substitute more shade tolerant conifers and/or deciduous trees for Black Hills Spruce on the south property line. c) Heavily landscape the area on top of the proposed retaining wall,behind lot 9, to serve as safety screening for this six-foot retaining wall which is located adjacent to park dedication land. d) Strategically cluster the proposed boulevard trees into areas where they will serve as buffers from road traffic/headlights/etc. Clusters should be placed on the outside curves of the two road turns and the cul-de-sac. 14. The Tree Inventory/Tree Preservation Plan shall be revised to show the correct placement of tree protection fencing at the perimeter of the Critical Root Zone as defined by the city ordinance. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at D0)" Planning Report -Heritage Development February 23, 1999 Page 12 the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 15. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. Park and Trail Dedications 17. This development shall be responsible for a park land dedication consisting of Outlot A (1.07 acres). The developer shall convey Outlot A to the city free and clear of all encumbrances and shall be responsible to record the conveyance with the plat. The developer shall provide the city with evidence of clear title to the property prior to conveyance. 18. Trails dedication shall be fulfilled through payment of a cash dedication. The cash trails dedication is payable prior to release of the final plat for recording, at the rate in effect at that time. C. To recommend approval of a Variance to reduce the minimum front yard setbacks from 30 feet to 25 feet for Lots 1 —5 and Lots 20—23, and from 30 feet to 20 feet for the remaining lots in the development. D. To recommend approval of a Variance to exceed the maximum 8% street grade and construct the street with grades of up to 10%. A�3 STANDARD CONDITIONS OF PLAT APPROVAL A. Finan cialObligations 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-Wav 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. A� 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 STA STANDARD.CON lr'5 FINANCIAL OBLIGATION—CHERRYWOOD KNOLL There are pay-off balances of special assessments totaling $-0- 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 Water Trunk SF $9201LOT 23 Lots $21,160 TOTAL $21,160 �D.6 Location Map r e . •,, aa - 41 w i SuMect Site ♦R .. ■o.■ +. e d t list all, oft d t - 1000 0 1000 Feet 1-=1000' Development/Developer. Cherrywood Knoll Application: Preliminary Subdivision and Rezoning Case No.: 12-PS-10-0499; 12-RZ-07-0499 Alapaed prepusing ERSIArcVlew 11.Pa cd base map inform tion provided N '(// by Dalwta Colrky Lad Survey Depertnar t and is asnrti a d April 1999. City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E Community Development Deportment ty of Eagan and Dakota County do not guarantee the accuracy of this Information and are S not responsible for errors or omissions. . . . Knoll GuideZoning and Comprehensive Case No. 12-PS-10-04-99 • Use Map Current Zoning: Agriculture ``�.ir�■CSI■■■■■� ' - Wpa � �. � ,i,�i�1 � �♦ �,���� iii ErI �1��.■: ; •r1�r� tea■ ■�%/ IIS■■■■■.;, � � ����i�'��,�� . - - - . - •� iii ■■■■ i ��� ����• ��•-� � �r�i iii ice■ Iowa �+ n '09♦ III■■.■■.� i � o �I • s P � .a•/.s■c•i•.n.a L (®71 f•�(r!)pZbl 1■■LGmt 4gga �- -.o■ae,- SDOV?*mrz Irian' !00"Of'641440.Jt• (NALR) 4 #.W' (DZID) 30 I, • i =.- �g I' � I I � •4E ;•: i i� ,fe .� I, `�-- .iia.----�-�`• } l �3._. 0 4• Sj '�=� '� '� %dl rrr.0 �� aa.osr.w o+.•o. / l�ialta- III ` j 1(I e,l l i SE � Ire.-41! � 8 3 I , fFt3: f •aaial I I I � ! � I �r � � � )�{�ai�}r{tart�la � � •� i t s i ai ■l r za ;a E . � it H a l��f � rA eWait q t � vial i ' . Orli • /� II� j Ii �� e � a3o��; J1 e 31 PRELIMINARY ELIM ARY PLAT t -SRS `! t (®0)J71S�I(r^i')IO"CWl LOLLM i At ft jj 67 AV fir ' _ _ " , , �•• - / y,ac o'i+�•n or I till ►itl:jitr:jY;t a '3 :��i► tip{1Elt`t.:-; E ra iitt�fi`�f� it \ r• ! a•• / • • t!(•• rt rn a if ; f4l .42 I4 t XISTING CONDITIONS I I I —.u�a.n a a•n e (®o)t+kM (snU AIM"3AMAG- r iv.e>rc.a r.V. ------------------- I. +�• r '' � «�� ;s � ( ..�� s000rse�r art.�r' nit. ae•.ao' (aesD) 91 "� � I .oris. F .• ;;�.,�"I" 'i �� �:.•-/�=,w/'�ra.' ; ,v ;fa �4'�¢✓4' �-�-.tea 1: � ii� :� r r"�iT !�� eill , :,; � } ' ,s--- t: � � F ;ice �',� i�� /'- •� : . 1: un11 1:G it ' b tlr 7T/.rr � i / t 9 Jt12.]i'JJJ��� 0 l SITE PLAN ��on sv,.L•.7r.rtt "�" � <®Oi rr� (s+rl�o'i�a yctms - - - --------- -----R:K;------------------- -- :[tart__••_. t r • E .� ~moi � '� .i• o..E '' `•��1 - �s�ui.ar'.�a.�c) ra.ao• ) � � �� i 1 • ` - �� `-- Vit,, � � .,,' .- . / i 1 till 1 I �3 =e' �5q 54 � 3 •^ �J i�i ���s `��i S � asa � �R;9 2,l Q } I � i' ■ e � � !R E 31 till fig" 7'1 PRELIMINARY I GRADING/DRAINAGE /I �_-i�'v s�i r.�n i�a (®Ol 3�W��4i'e ,—__¢FA=.c I d � _ . JVOW*5cZ 449.31'(WERA-L) 44&j=Q' Ell" TT f=1 L. 1111p gi tit it Ila fign fit lig lot c P?? ail 44 0 0 PRELIMINARY UTILITY PLAN 11 l / V p W - OdEl d a as woos i c i W 3 0� H [Yo orui 1p9 0 3 0 Y �QJ\`' o- r o o /e, GQ \ ' G,MISCDXF/CHERRYWDS PUBLIC WORKS DEPARTMENT Street Layout MAY 12, 1999 City of Eagani m-�. I I I {`{l=-.il ' el;{, ; YI ' € " ' 3 3 li i �E ? i a i ; a a m t lit _ 3ii1'���t�!`D 1 �O r 4 11 js TREE INVENTORY F'-7- v �- i dt.n��e.a,.h cxa `� � .•... _ (®al S�I'tvnl.civet y,rc,cogoc . �1� � - . I • \ \ 1. •!!..� `,;`�;�� �� •i•�.^�/ I tit- *01 f= , g� I C t•ti-'.t(t'��.t E Y=� t �tt !t tlt i jig i • 5!a' m ;j. � i }• t�t`~t �G L I }•�tt !- tt} i se41 31 ; l �� MITIGATION PLAN .,.,.�.>SOO..y .. ---------- ------------------------- 7- - --- --- ---------- - - - -�--- - - 98 ! p •V 5` it 1 I �. �� MWVIIS�-t/4S.Sr YET.) 44II..�' jxRa YY yy N t4 Abif-O rFwti - t1 4s to�.;,^ ! �1 � •� * iia 1 1 ! �� ! P$ ;ji p I �� .o uae�oo �oa/omoe Jfl C• TA.Jt � / a•�o N son� —� a I D * z ! n m � r in 0 ti z o • I� o HERITAGE DEVELOPMENT *Minnesota *Wisconsin *Kansas April 21, 1999 Written Narrative Submittal Requirement. - Cherrywood Knoll Heritage Development of Minnesota,Inc. is proposing the development of 23 single-family lots on 12.1-acres of land located at the east end of Chapel Lane and bordered on the north by State Trunk Highway#55. This property is zoned agricultural and is guided in the 12/31/96, "City of Eagan-Comprehensive Plan" as D-1-Single-family(0-3 units/acre). Our proposal is for the development of a density of 1.90 units/acre. Our proposal is an attempt to blend environmental sensitive and comply with the City Council's request for standard Eagan city lots. By reducing the setback sizes, we have been able to produce a plan which allows the wooded northern slope to remain largely undisturbed and contributes 1.07 acres of park land to the City of Eagan adjacent to the City's current park location. Seven lots would require a variance to a 25 foot setback and the remaining sixteen lots would require a variance to a 20 foot setback. All lots are at 12,000 sq. ft or larger. We are planning on having all governmental approvals completed in time for a single phase construction in the Summer of 1999, with the construction of the first homes by August of 1999. Currently,the property has one single-family residence with a well and septic system. Our proposal includes the platting of this existing home within the sub-division. Unique to the property are elevation changes of 60 feet and a singular access point of Chapel Lane. Much of the area with the greatest elevation change, occurs on the wooded northerly portion of the property which borders Highway 55. Within 600', three sides of the property are surrounding by existing residential land uses. On the remaining northern side is Highway#55. Within about 700'and located just off of Highway#55 and a gravel road called Lois Lane is an existing business with some large hauling equipment. Thomas Von Bische,Director 422 East County Road D•St.Paul, MN 55117 •Phone:(651)481-0017 •Fax:(651)481-1518•Toll Free:(800)644-0017 heritagedevelopment.com METRO LAND SURVEYING & ENGINEERING Date May 18, 1999 File 103-046 Ms. Pam Dudziak Associate Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Cherrywood Knoll Eagan, MN Heritage Development Dear Ms. Dudziak: It has come to my attention that the City does not agree with our interruption of the City Ordinance in regards to the maximum street grades. I am writing this letter to explain why we feel that we are following the ordinance by constructing the street at a 10% grade. We consider this street to be three different streets with the same name, due to the fact that they intersect at 90 degrees. On page CD13.28 of the ordinance it states that street lines of a same street deflecting more than 10 degrees shall have a curve with a radius of 150 feet, these street do not have a curve thus can not be considered the same street. Also stated on page CD13:29, is street shall intersect at right angles, which is what we are proposing. At both ends the streets are intersecting with another street, and thus are not considered a cul-de-sac. The segment we consider a cul-de-sac is on the south end of the site, which runs east and west, since the west end does not intersect with another street. The bubbles at each intersection are only there to deal with the residents' complaints of there presently not being anywhere for a bus or fire truck to turn around in. Also stated in the ordinance, on page CD13:29, is a cul-de-sac will have an ADT of 150 or less. A low-density road will have a ADT of 300 or less. We are predicting an ADT of 230, bas-d off of 10 trips per home. Following the guidelines of ordinance, our street falls in with in the low-density road ADT and the maximum grade is 10%. At each intersection we are proposing a landing to help with the vehicles making the 90 degree turns. The reason we are constructing the roads to the maximum grade is to reduce the amount of dirt removed off site, save the significant trees and reduce the area disturbed by construction. If we reduce the grade of the street we would increase the amount of cut, which increases the amount of dirt removed from the site, which is an added expense to the developer. This will also increase the area disturbed to the south, unless taller and more retaining walls are proposed. At this time there are many - concerns about the retaining proposed now, mainly dealing with the height of the walls and safety. Plus there are the additional costs of retaining0550Phone m Twin City Office.332 East County Road D Little Canada, one:(65!)766-0112 Fax. (ti5!)766-06/2 E-mail:surveyQmetrols.co Pine City Office:Route 4,Box 205 Pine City,MN :(320)619-3267 Fax (320)629-0176 Website:www.metrols.com Right now our site does not balance in the cut and fill of the dirt. The developer is going to need to haul about 50,000 CY of dirt, off site. This is an added expense typically not associated with developing a site. The developer is forced to remove this dirt from the site due to the City's desire to save trees and keep the area of disturbance to a minimum. This is why we are constructing the streets at a maximum grade of 10% and why we feel that 10% is still within the ordinance guidelines. If you would like to discuss this further please give me a call at 651-766-0112. Thank you for your time. Sincerely Metro Land Surveying & Engineering Susan Fussell, P.E. Project Engineer Application for 1 to 4 Day Temporary On-Sale Liquor License Page 1 of 2 _ Minnesota Department of Public Safety , * 4 LIQUOR CONTROL DIVISION 444 Cedar St./Suite 100L St.Paul,MN 55101-2156 (612)296-6439 TDD(612)282-6555 APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE (Organization or iocation limited to 3 permits in a 12 month period) TYPE OR PRINT INFORMATION NAA E OF ORGANUATION HATE ORGAN'IZID TAX EXEMPT NI)IMB1 R E'er rzh tC0KKda;f:1#^ (KC , SurrC t ,qz 4 - t+01- 301 srw:rr,A gT • 215 1176Q c1;4f L,,. a CITY��� sT�w ZlPcog-V1 LL NAME OFPERSON NMKING APPLICATION 113USINESS PHONE [NOMI?Pilo NI F h < , Sfi 0 14 3 ? & -v.7-4Z- is 688- b1 �-o MITS 1:1 UOR `iLT.RFS I to 4 days) TYPE OF ORGANIZATION �tCht 1 rq4 t'CLUB kKIiIARITABLE 0 RELIGIOUS U O'I•ILER NONPROI ORGANVATiON OFFICER'S NAME ADDRESS TJ M E, /,AA't k. C..t1Kit/ r S r.0 rt ct h . sCc t roil ORGANI7ATIU�I OE'I 10EIt'S, Aim ADDRESS IVA_R I(Cj FfLS t deh-t S4w,P OR(iANIlA ION OFFICE.R' NAIL// ADDRNSS rS J%5 4 C.o�nrh�sw, Lens .ift'C Location tfhen iccasc tivil used. If an outdoor arca.describe G SCadt 6a, P 00 f 383J ; Io Will the applicant contract for intoxicating liquor acrxricei? If so,give the name and addn=4 of thu liquor liomwe pru%iding the service f1%0 Will the spplicawt carry liquor liability inset w=? U so.the carriee s name and amount of coverage. (NOTE: ILwauce is not mandatory)_ h 5 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LIQUOR CONTROL arwee Q0.d N _ DATE APPROVED CITY FEE.AMOUNT 4 15 ID LICENSE DATES DATE IEE PAID 1a�)0.;V e- t t.•Ct-qct t .OUIv Y�I 7CIAT. APPROVED LIQUOR CONTROL.DUtECTOR NOTE: Do not separate these two parts,send both parts to the address above and the original sighed by this division will be mtumed as the license. Submit to the City or County at least 30 days before the event PS-09t179(8) http://www.dps.state.mn.us/alcgamb/alcenf/forms/4daytemp.html 6/8/99 To: Eagan City Council From: Eagan EspressFest 99' Steering Committee The Eagan EspressFest 99' steering committee represented by Larry Lundberg and Mike Ferber, would like to make a formal request for fee waivers regarding both show license and temporary liquor license for this year's annual EspressFest event. Due to the fact that this year's proceeds will go to the Eagan Forever Green program, the EspressFest representatives feel that this is a reasonable request. The EspressFest commitee has been in existence since 1996, and has always been dedicated to supporting the non- profit groups and charitable causes within the city of Eagan. We are asking that the Council please take into consideration the fact that all liquor and alcoholic beverages will be dispersed by Chutney's restaurant, an existing liquor license carrier. We are requesting approval to serve wine and strong beer from July 29 to July 31, in an outside designated and roped off area at the event location. We feel that this is an integral and necessary component to the success of this year's event. We sincerely hope that you will look at this in the same manner and consider our request for a fee waiver. We appreciate your cooperation and dedication to this year's Eagan EspressFest 99'. Any and all efforts to help us reduce our costs would be tremendously appreciated. We thank you for your support. Sincerely, Larry Lundberg Michael Ferber EspressFest Steering Committee $50.00 Investigation Fee CITY OF EAGAN Date $25.00 License Fee APPLICATION FOR SHOWS LICENSE [Shows: public show, movie,caravan, circus, carnival, exhibition, theater] hereby make application fora M(/-S/G /���5 name type of show license from the City of Eagan, which will take place on r 3G Y during the hours of dates at__ / ��/�/�7L% /U� The purpose of the event hours/,� location is: I represent Z6AA,1 � name of organization address phone Names and addresses of corporation officers: name address phone name address phone name address phone name address phone Person in charge of event G �7 k-) last name first name middle name address //hC phone /7 11,6 S —G`6 X6 /2 birth social security number MAKE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a specific period and will be issued to qualified individuals or firms only. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalties, the license of any applicant may be revoked. ssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss sssss FOR CITY USE ONLY: Police Approval Date City Clerk Approval D a t e 4.91 Application for I to 4 Day Temporary On-Sale Liquor License 4YI5 D Page 1 of 2 i Minnesota DePartmeat of PuNic Safety . LIQUOR CONTROL DIVISION 444 Cedar St,JSuite I OOL u �==-4 St. Paul,MN 55101-2156 . (612)29&-6439 TDD(612)292-6555 APPLICATION AND PERIWT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LCQUOR LICENSE (Orgatr#aatiw or kxmd n lianiaA to.'peru&in a 12 month period) TYPE OR PWNT rNFOP-MAT1 tJR NU TIG DA'L'E R TAXEXHIbI?T N[WEP. / ���S f�'�T b EEFT ADDRI;S<4 C ZIP CdllF. 'MAKING APPLICATION BLtS1Nt LSS PRON11 110MI?PHONE DATES IIQUOR Nk'lil,BF SOI.D(Ifo 4 da)s} TYPE(W ORGAWATION jz//- 30 _5/ O CLITB KCHARITABLE 0 REUGKNIS o O`f 14ER NoNma ORGANVA�ON 'FJ WS NAW, SS ORGAN17ATION OFFICER'S NAME ADDRESS OR(iANIZAI-JON OFFIC :R'S NAME A TSS Looattoo-*Tcre i Used. if as ontdaar desaibe % /�/• �/C ��GrZJ� '� � Witt the awoa�ct far iatao statin titlaor tarsticaa? Ifso a fie florae apd dn�r of thee, TIL ibc seer��iae �� %r/Vi`5, ,�Q/ �S TSG 6--t i' )R" 7 P d Will the aypbc4wt wm hqw JiabiWy knwum? Ifso.&c osrriee and memo areommge. (NOTE: Inswum is not rrxadata}j APPROVAL APPLICATION&LUST BE APPROVED BY CITY OR COVNTY BEFORE SilI3MMING TO LIQUOR COMiRQL CITYICOUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SICYIA7 t tRI CITY CLERIC OR COUNTY OF11CIAL APPROVED LIQUOR CONTRCJI.DIRECTOR NOTE: Do not separatt these two part,,send both parts to tht oddnets above and the arigbal signed by this t*-k on lmiH be ntumtd as the]ioewo- Subset to the Ck7 sr Cewdy at least 3e days were the event- ps_W79(Jp http://www.dps.state.mn.us/alcgamb/alcenf/forms/4daytemp.hbW 1/21/99 bene rk Ave) • I i P, �� . 0-I���-f-�-f-N�-f�l��� d-�I-III 1-1 I-I••I i I�. •E•I-I I I I�I N_I-&`D . _gCL 19 \ ' 4 ^ �� J M I• •'� F~ f n .00. oi a = w H '9 E 3 ml g' d Cl CL 'A Y A C Y yi N H M � • M V �O co •Y e e eI TOWN CENTREIOYI'ES [ACAH,.~d50TA 9 FAA Federal Lund Compony