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09/21/1999 - City Council Regular J� AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 21,1999 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. RECOGNITIONS&PRESENTATIONS(BLUE) 2 A. PRESENTATION of plaque by Dakota County for 10 years of City-wide recycling L4 B. RECOGNITION of Minnesota Alliance with Youth co-chair Maya Babu V. DEPARTMENT HEAD BUSINESS(BLUE) VI. CONSENT AGENDA(PINK) s A. PERSONNEL ITEMS p? B. RESIGNATION,Burnsville/Eagan Telecommunications Commission C. PROJECT 766R,approve County Signal Agreement(Lexington Ave&Wescott Rd.) D. CONTRACT 00-01,authorize Request for Proposals-design services (Cliff Rd.Water Treatment -Masonry Restoration) p/ E. PROJECT 758,receive final assessment roll,schedule public hearing(Surrey Heights-Street 1 Rehab Overlay) F. PROJECT 757,receive final assessment roll,schedule public hearing(Ridgeview Acres-Street Rehab Overlay) 3 G. PROJECT 755,receive final assessment roll,schedule public hearing(Meadowland Add.-Street ixahab Overlav) H. PROJECT 784,receive feasibility report,schedule public hearing(Louis Lane-Streets and Utilities) /s I. PROJECT 761,receive feasibility report,schedule public hearing(Duckwood Dr.-Street Rehabilitation Overlay) y�16 J. FINAL SUBDIVISION,Duke Construction for Apollo Business Park /p 8 K. CORRECTIVE PLAT,Oak Bluffs 0 L. FINAL SUBDIVISION,Thorson Properties for Lexington Pointe Fourteenth Addition •p Zop M. FINAL PLAT,Collector Paradise for McNally Addition N. ENGAGEMENT letter for auditing services,Kern,DeWenter,Viere,LTD.for the year ending t7 December 31,1999 ,/P01 O. ON-SALE liquor license for Spur,Inc.,dba Lost Spur Country Club 2 P. AMUSEMENT device license,Regal Cinemas,2055 Cliff Road Q. TOBACCO license,Kwik Trip,3145 Dodd Road P R. RECOMMENDATION to pursue Recognition as a"Community of Promise" 36S. CONFIRMATION of Findings of Fact,Conclusions&Resolution of Denial,Glen Pond Second Addition P�LpT. FOOTING and FOUNDATION permit,Lot 1,Block 1,Northwood Business Park b�3 U. PROJECT 97-B,acknowledge completion/authorize City maintenance(Fox Forest Addition- Utilities) y V. CONTRACT 98-24,approve Change Order No.1,Blue Gentian Road&Blue Water Road(Street& Utilities) �{ W. CONTRACT 99-06,approve final payment/authorize City maintenance(Duckwood Estates/Duckwood Trail-Street Resurface) X. ORDER public hearing,public right-of-way vacation(Old Sibley Memorial Highway-Young) / s Y. ORDER public hearing,public right-of-way vacation(Preusse 2nd Addition) j Z. RESIGNATION,Solid Waste Abatement Commission AA. 2000 LANDFILL Abatement Grant funding application VII. 6:45-PUBLIC HEARINGS(SALMON) V 9�A. PROJECT 762,final assessment hearing,Duckwood Tr. (Street Rehabilitation-Recycling) loll B. PROJECT 763,final assessment hearing,Duckwood Estates(Street Rehabilitation-Overlay) 10Ig r C. PROJECT 738,final assessment hearing,Rocky Lane(Street&Utilities) 0 D. VARIANCE,Mary&John Davies,of 10 feet to the required 30 foot structure setback from public right-of-way for Lot 18,Block 2,Oak Cliff 41h Addition,located at 4775 White Oak Court in the NW 1/4 of Section 31 VIII. OLD BUSINESS(ORCHID) PPA.A. COMPREHENSIVE GUIDE PLAN Draft-City of Eagan IX.® NEW BUSINESS(TAN)! OQ� A. CONTRACT 99-13,receive bids/award contract(Ashbury Road-Traffic Calming) , py& REZONING-Transact,Inc.,of 4.61 acres from A(Agriculture)to R-1 (Single Family)and R-2 (/ (Residential Double)and a PRELIMINARY SUBDIVISION(Waters Edge)to create seven twinhome lots and two single family lots,located on the west side of Pilot Knob Road and the south side of Englert Road in the SE 1/4 of Section 16 I C. PRELIMINARY SUBDIVISION-Duke Weeks Realty Corporation,(Eagan Pointe)of approximately 16 acres to create four lots,located on the west side of Highway 149 across from Chapel Lane and Rolling Hills Drive in the east 1/2 of Section 12 539. PRELIMINARY SUBDIVISION-Gregory&Valerie Rathman,(Rathman Addition)of 3.5 acres to create three single family lots,legally described as Lot 1,Block 1,GVR Acres,located at 3760 n Blackhawk Road in the SE 1/4 of Section 17 I / I E. PRELIMINARY SUBDIVISION-3131 Sibley Partners,(Terminal Drive Business Center)of an existing four-acre lot to create two lots,legally described as Lot 1,Block 1,Sibley Terminal Industrial Park,located between Alexander Road and Terminal Drive in the NE 1/4 of Section 9 1 F. CONSIDERATION of assessment issue,Mike and Jane Swenson P 2� G. ORDINANCE Amendments-Chapter 10-Rabies Control;Storage of Junk Vehicles,Household Furnishings,Etc.;Construction Activity Noise Regulations;Trespass;Noisy Parties/Electronic Sound System and Chapter 4-Construction and Equipment Noise Regulations H. ORDINANCE AMENDMENT,Chapter Six,Decreasing the Number of Hauler Licenses. X. LEGISLATIVF,/INTERGOVERNMENTAL AFFAIRS UPDATE(GREY) XI. ADMINISTRATIVE AGENDA(GREEN) XII. VISITORS TO BE HEARD(for those persons not on agenda) XIII. ADJOURNMENT XIV. 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 9-16-99-10:00 a.m. t SPECIAL MEETIl OF THE EAGA .4 ITY COUNCIL EA•FAN,MINNESOTA. A special meeting of the Eagan City Council was held on Tuesday,August 31, 1999 at 6:00 p.m. at the Eagan Municipal Center Building. Present were Mayor Awada and Councilmembers Bakken,Blomquist, asst:s :: 4 present were Director of Finance ,...•..:.....:.•.....•. VanOverbeke,Director of Public Wor?g'�O1fs" ':�,c'C tt r-of Police Swanson,Assistant fir... Director of Finance Pepper,Chief Building Offici�illteid a�ty Administrator Hedges. FORMER CITY COUNCJ&-- MBE1 f: Y THOMAS City Administrator Hedges shaied•news that 7e ..Thomas,a former member of the Eagan City Council,had passed away earlier that day from an illness. He further commented on the love Mr. Thomas had for the community and his years of public service as a volunteer firefighter and member of the Eagan City Council. Members of the City Council agreed to have a flower arrangement sent in memory ofleny Thomas. Mayor Awada asked if there were a additions m.-O 'rages to the agenda. City Councilmember Masin stated that she IV.,Review Rules of Order for Motions at Regular City Council Meet'stDttrhiifft to a future City Council work session. Mayor Awada stated that she would liiti'add an item to the agenda to discuss the role of the acting Mayor. Councilmember Bakken moved,Councilmember Masin seconded the motion to approve the agenda as amended. All members voted aye. PROPOSED 2000 GENERAL FUND OPERATING BUDGET City Administrator Hedges pi'ese* Fund Operating Budget discussing the following points: the levy,tax ra*.#anges,a*4v personnel,the contingency account, equipment revolving and several other motes regar i# g the specific proposed property tax levy. He stated that the recommended levy i� oposedtJ1 10,501 under the maximum allowed state imposed levy limits which is accorTiig to dirptpn given by the City Council at the August 3 work session. The City Administrator also stated that in spite of the tax classification rate changes,the estimated City tax capacity rate is decreased by 1.1 percent from 21.527 to 21.294 excluding the MVTA levy. He further explained new personnel stating that there are three(3)new police officers to be funded under the Cops Pr9yram with the other additional personnel primarily being clerical Support. The City AdmipsSJrator stated that the levy includes an increase for the Equipment Revolving Fund,Major StreC€: und and additional money for the new General Facilities Renewal and ?} : > ;:Th4pCity Administrator also commented > ....... on the state's unfunded mandate on b C : G:�l3C Wrequired a budget allocation of $42,000 for the year 2000. The City Administrator further rexiewed the fourteen page narrative he prepared for the preliminary budget document explainii#:*proposed calendar for truth and taxation hearings during the month of December and recori�ii'iending that the City Council meetings for the initial hearing and continuation hearing be scheduled for December 6 and December 20 respectively. Special City Council Meeting Minutes August 31, 1999 t Page 2 ..... .... ..... Director of Finance Van Oveviewed andtsented on some detail of the class rate changes,tax capacity rate and the Lai;irtR?;; ': City Councilmember Carlson stated that in regards to the taxes onvarioii ' �''" ptgp ;Yst��s that higher market value homes be used as an example,i.e., $300,000 to$500,000 homes. City Councilmember Carlson stated that she had several questions regarding how the community survey that was proposed 4r .the:A rilinis"r qn Budget will work. She asked if there are new revenue ideas being co ;dtlfiDt3e' ,Ei Budget,does the contingency have enough appropriation and further questions? 4e categt-'of"Other Services and Charges". City Administrator Hedges reviewed the community surve)4&ting that it is directly connected to performance measurement standards and coulcL ;iln effectf iftool for measuring service delivery and provide a comparison of our service doi?$iji= ilar metropolitan communities. Director of Finance Van Overbeke stai&fii& iew i tiurces are always encouraged and the amount for the contingency budget was directed by the City Council 1999 to be at approximately 2.0 percent of the Operating Budget which will take some additional revision in the City Administrator's budget before the truth and taxation hearings. The City Administrator and Director of Finance further explained how the budget line items work and that"Other Services and Charges"is a summary tA{gl:of several line items. City Councilmember Bakken ask'e'd' #�il ;ift� ed line item amount for fireworks at $10,000 is adequate given the cost for a fireWorks disp7 *?::City Administrator Hedges stated that the financial perimeters for fireworks are$ Q00 a niiwtdp:R :$30,000 for a half hour fireworks display. City Councilmember Bakken supsS :tit'amount be increased and possibly the fireworks display could be reduced in:lpi413;#sdf retain the quality of the fireworks. City Councilmember Masin stated that she*would support an increase in the amount budgeted for fireworks suggesting that the type and length of fireworks display should be consistent with the 4`h of July FunFest recommendations. After further discussion,City Councilmember Masin moved,City Councilmember Carlson'seconded the motion to approve a$20,000 allocation toward fireworks for the year 2000 4�.of.[uly,festival::All,members voted aye. City Councilmember Blomquisi•piai§ed fie'*Cify'sfaff for the excellence in preparing the budget document. She stated that the budget doient an pe sentation was very comprehensive and again expressed her thanks to the staff for tlihard wq City Councilmember Masin stated that she was pleiliiiod with the budget document and had no further comments. Mayor Awada had a brief question about the Equipment Revolving Fund. Director of Finance VanOverbeke provided the history of the Equipment Revolving Fund and stated that he would provide data to Mayor Awada on the formula that was used for establishing that account. After further discussion,a motioit;#ty. Councilmember Bakken, seconded by Councilmember Carlson was approved to preset' the proposed property tax payable, the proposed 2000 General Fund Budget an.4 pVblic hearing;initial and continuation hearing dates for truth and taxation for official actico43#, lar City Council meeting. AMA STRATEGIC FLAN City Councilmember Masin stated that she requested This item be placed on the agenda stating that the need for a new MVTA Transit Station located at the intersection of Pilot Knob Road and Yankee Doodle Road is consistent-with the MVTA Strategic Plan. She stated that there Special City Council Meeting Minutes August 31, 1999 i Page 3 ..... .... ..... has been a question in the minds of Cit *_-=cilmember f¢ i whether the MVTA should locate a transit station at this site and that them � x}....... essed with her as she is the City Council's representative to the MVTA Boafd.*-. iriirilmember Masin stated that without the City Council's support,the project will only include a surface parking lot. City Councilmember Blomquist stated that she would like the staff to look at the traffic count information at Pilot Knob Road and Yankee Doodle Road and also how the access will work to Pilot Knob and Yankee Doodle Roads from the propo*jt:b' ... ity Councihnember Blomquist also spoke to what appears to be a posse.. i :=:Pilot Knob Road with access to I- 35E. Director of Public Works Colbert stated th#- iere wax�yp comprehensive traffic study directed for this project,however,he will provid�;whatever�afa is available for the City Council for their review at the September 7 City Councifii pting. €.Councilmember Bakken questioned whether the City can requir*. n traffic counts at the proposed park and ride site for the additional 40$'to'W parki ft*i 6. City Councilmember Carlson asked the Director of Public Works whether it is possible to create a left turn movement into the park and ride site off Yankee Doodle Road west bound adjacent to the site. City Councilmember Blomquist stated that MVTA staff has commented that the plan was approved by the City. SM:,gr.nvided a correction that MnDOT turned back land at both the Pilot Knob and Blackhawk p2ti3 : ;W-sites for that purpose and, further,there has not been any formal approval given to the propose' ' .¢':T- 7 Visit Station at the Pilot Knob Road site for the record. After further comments regard' gSC 'Iv1TA Transit Station,Mayor Awada concluded the discussion by suggesting f:A data be provided to the City Council for review and consideration at the September 7 iiieeting. ACTING MAYOR Mayor Awada stated that it : •s s?r .to.r4ta. be acting Mayor at this time due to what happened in an effort to adopt t1�,***`&- •';; ;i Council meetingof August 17. She said that although she did not blame the existj�*Acting Mayor for what occurred, she wanted to ensure that it does not happen in the ft. She (her said that she was appointing Councilmember Bakken as acting Mayor becausbi:6*f his knc'i+3i#edge and understanding of parliamentary procedures. Councilmember Mas�:stated th#. a right decisions were made at the August 17 City Council meeting and, further,that the City A"'mey backed her on the procedure that appears to be in question. She added that the two Councilmembers who voted against the motion to separate items from the Consent Agenda were in error. She further added that the Chair has the ability to make modifications. City Councilmember Blomquist excused herself frxhe City Council meeting at 7:35 p.m. .;.. Councilmember Carlson stated ini i'oTdei=tb'af `bl'd'the City Council to fine tune parliamentary procedures, she would prefer CouncilmembbY.Nakken run meetings when Mayor Awada is absent. She requested that Mayor Awada be opeltCd re-evaluating the effectiveness of this change. Special City Council Meeting Minutes August 31, 1999 Page 4 ..... .... ..... Mayor Awada moved,Councit> ber Carlson sped a motion to appoint Councilmember Bakken as Acting MayoY ft;_;Aw ouncilmember Masin opposed) OTHER BUSINESS Councilmembers discussed the need to hold a work session for the purpose of discussing parliamentary procedures with the Ci Alto jc.p :Afw review and consideration of dates and in a motion by Mayor Awada, sei#: } :ita Carlson,the date of Thursday, September 23,at 5:00 p.m.was approved with 4 jiffs and 0', i s. The meeting was adjourned at 7.40 p.m. .... tAex- MINUTES OF L R.EQULA W.ETJN.G OF THE EAc OWesota ?�# :�SQG�;:� • P'ptember 7,1999 .... A regular meeting of the Eagan City .p_pril was held.Riri'F�iesday,September 7,1999 at 6:30 p.m. at the Eagan Municipal Center. Present were I ,aouncilmembers Masin,Blomquist, Carlson and Bakken. Also present were City AdmllHedges,Senior Planner Mike Ridley, Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. AGENDA Mayor Awada stated that Counc'dn �.•• i�.. ' , that discussion on ice rental rates be added to Department Head Business. She also statedthe schti'A'in g of a special City Council meeting was being added to Department Head Business She saidiNh't a request had been made to continue New Business Item D,Draft Comprehensiv47Mde Plan tbi:�special City Council meeting on Xe September 14 and to the regular meeting of Councilmember Carlson moved,Councilmember Masin'seconded a motion to approve the agenda as modified. . . Councilmember Carlson explained that she had requested the draft Comprehensive Guide Plan be continued to allow for discussion by the Council at a future work session and to ensure that individual notification is provided to property owners?a PAW*:pypperty may become non-conforming as a result of the proposed changes. Councilmember Bloni(%tii5�sat Jatsince formal notification had been sent and several people were present,they should be alloypdto'cih6k400:bn the Plan. Further discussion occurred regarding whether to accept public congxent or to defpm:xl testimony to the September 21 City Council meeting. Mayor Awada polled the audienceif anyone was present to address the Council regarding the Guide Plan. Several people were present and indicated an interest in speaking on the Comprehensive Guide Plan. Councilmember Carlson amended the motion to approve the agenda to accept public comment on the draft Comprehensive Guide Plan fry; �. dsya�s plB�ent at the meeting and to exclude testimony regarding Richfield Blacktop to1eii z'�f,,:# ty Council meeting. A vote was taken on the motion. Aye: 5 Nay;'i¢; MINUTES OF THE AUGUST 0,04999 RE AR MEETING Councilmember Masin requested the addition of the following sentence to the sixth paragraph on page one. "He added that the latest procedure that the Council has adopted and put into effect for the last several meetings has been to make motions to remove items from the consent agenda at the time of the adoption of the agenda and to place them on the regular agenda." Councilmember Carlson moved,Councilmember Masin'sekonded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Ab: zi ; MINUTES OF THE AUGUST 3,1999 SPMAL MEETING Councilmember Bakken moved,Councilmember Carlsdh'seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE AUGUST 24,1999 SPECIAL MEETING Mayor Awada noted a typographical error in the second sentence on page four under Discussion Re: Adoption of Regular City Council Meeting Agenda and requested the word or be changed to as. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE 2 Councilmember Bakken moved,Co4l3lmember Carlsoll;'Wonded a motion to approve the minutes as amended. Aye: 5 Nay: 0 VISITORS'f'6'gERARD Sandra Masin,1795 Carnelian Lane,responded to her removal from the position of Acting Mayor for the City of Eagan. She said that it was her opinion that Mayor Awada's political motivations are self- serving and that she has used her position aS:*SeLisfi# C.ra ;gttcai favors and to position herself for future elections. She added that she perceived'•1Vpi*r;�yddts=vgc�tive behavior and activities as a disgrace to the office of mayor and said this behavior i end. 9.*�.;thallenged Mayor Awada to place the community before her personal political agenda. DEPART.VMW— -�- (g PROJECT 636R,RESEARCH REPORT-POPPLER LANE ASSESSMENTS City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Bakken moved,Mi} ' ?ci ade.seconded a motion to reject a request from Larry • Poppler for reconsideration of an assessment reiliic".: :bt.�Block 1,Poppler Homestead Addition. Councilmember Blomquist stated that shi�:las been.w about the fact that different assessment amounts are charged for residents aAe>iQisVlayor Awada noted that Mr.Poppler was not a developer at the time he was ass esL:; isitaiember Carlson said she did not support reducing the amount of an already certified:85se'ssment. She further said she did not support changing the action of a previous Council and added that doing so would cause many problems. She said that the Council needs to move forward and be consistent in how assessments are calculated. Councilmember Masin stated that she was concerned that Mr.Poppler has not been treated consistently and said she preferred to further evaluate the process to determine if the Council had been inconsistent. Councilmember Masin moved to whether Mr.Poppler's assessment had been appropriately determined. Councilmember Bakken said that he could no�#�fid any ration of malfeasance on the part of the previous Council. "" . Larry Poppler,3030 Poppler Lane,stated that the assessment policy was not applied to his development in the same manner that it was applied to Country Home Heights. He said that the City received numerous benefits as a result of his development and further said that the City's assessment policy is not equitable. Mayor Awada explained why the 41D3�At.ampytsi;.Country Home Heights were different than Mr. Poppler's. A vote was taken on the motion. Aye: 3 Nay: 2 (Cour�Sftembers Masin and Blomquist opposed) CIVIC ARENA ICE RATES Councilmember Carlson said that she was informed that Independent School District 196 is paying$140 per hour for ice rental at other civic arenas and added that the City should also charge the same amount. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE Councilmember Carlson moved,Cdtihcilmember Bakkeri S6eonded a motion to schedule the civic arena rates at$140.00 per hour for all high st iugl users. Aye: 5.W:*ry: 0 SPECIAL CI' T 'ETING Mayor Awada moved,Councilmember Bakken seconded a motion to schedule a special City Council meeting for September 14,1999 at 7:00 p.m.to review the draft Comprehensive Guide Plan. Aye: 5 Nay: 0 Councilmember Masin mentioned iitk�fcii�ntes- ititiitiilii3ier Jerry Thomas passed away and extended her sympathy to his family. She thanked e%� cpne whQi; rticipated in the Onion Festival and also thanked the sponsors of the concert promoting aA. nlenium. Councilmember Blomquist also co l : }.:timas and the impact he had on the community. .... . CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve t1i ; ilfj :zr;E a person to be recommended as a Clerical Technician III/Receptionist for the Maintenance'Failt Item 2. It was recommended to approve the hiriit&of Jeff Pete• c; a seasonal skate guard for the Civic Arena. Item 3. It was recommended to approve tting of Joe Lendway as a seasonal recreation leader assistant. Item 4. It was recommended to approve the hiring of Keith Newcombe as a seasonal assistant skating instructor. Item 5. It was recommended to approve tfse' iii=iig'o�'8raC3iingin,Guy Dawson,Jeff Freeman and Ken Freeman as seasonal football officials. Item 6. It was recommended to approve the hiring ofghanDiR rty as a seasonal football field assistant. .... Item 7. It was recommended to accept the resignation of Wayne Miller,a building inspector. Item 8. It was recommended to accept the resignation of Julie Farnham,Planner. B. Amendment to the Cable Franchise Ordinance,Extending thenchise Term to November 16 1999 It was recommended to adopt the Ordinar�g...me Cc1l21igF chile Ordinance No. 101,Article II, Section 4,Franchise Term. fi�: X C. Final Subdivision and Final Planned Development-Oakpoi :of Eagan 2nd Addition OCP Homes Inc. It was recommended to approve a Final Planned DevelopiW�; to allow 17 single family residential lots upon approximately 4.2 acres of land located south of Cliff road between Galaxie Avenue and Plaza Drive in the northwest 1/4 of Section 32 and to approve a Final Subdivision(Oakpointe 2nd Addition)to allow the creation of a 17 lot single family residential subdivision located south of Cliff Road between Galaxie Avenue and Plaza Drive in the northwest 1/4 of Section 32. D. Final Subdivision and Final Planned Development-Cedarview 2nd Addition Decalla Properties It was recommended to approve a Final Planned Development to allow 8 single family residential lots upon EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE approximately 4.0 acres of land located south&Cliff Road and rvWiof Nicols Road in the northwest 1/4 of Section 31 and to approve a Final Subdivisi*Wedarview 2nd Ad> }'on)to allow the creation of an 8 lot single family residential subdivision located Qttfgf•Cliff Rgad•: west of Nicoll Road in the northwest 1/4'of Section 31. E. Footing,,and Foundation hermits,Apollo Addition,Duke Weeks Realty. It was recommended to allow the issuance of footing and foundation permits for two buildings at Apollo Business Park prior to final platting of the property located south of Apollo Road in the north 1/2 of Section 11. �'l.::•.•:•:•:•:::• F. Extension for recording the final plat of AA�iti#.*'..UEIt was recommended to approve a 90-day extension of the recording requirement for tithful 3iherd Addition(located north of Yankee Doodle Road and west of Lexington Avenue i1xthe SW 1/4 of.�ection 11). G. Recommendation to remove the SW qua'_______� t�iee' FS;�viiue/Highway 13 interchange from the moratorium. It was recommended to appro�fecomiY�&from the Cedar Avenue and Highway 13 Redevelopment Task Force to remove properties in the southwest quadrant of the TH 77/TH 13 interchange from the interim ordinance(moratorium)established in May 1999. H. Permit renewal to operate motorized golf cart,Michael Krolick. It was recommended to approve a permit renewal to operate a motorized golf:-oatt on designated streets for Michael Krolick. • I. Service station license renewal for Cedarvale•1'eo:'M30ti,}bley Memorial Highway. It was recommended to approve the service station license renewal:#oi &darvale Texaco located at 3830 Sibley Memorial Highway. J. Tobacco license,Walgreens,4220 Lexing_t&#,A' ::N•was recommended to approve a tobacco sales license for Walgreens located at 4220 Lexinglori'Avenue. K. Project 745 approve Settlement Agreement(Blue Gentian Road-Chapple). It was recommended to approve a Settlement Agreement for Parcel 10-00200-050-26(Chapple)regarding the property acquisition cost for Project 745(Blue Gentian Road-Street and Utility Improvements)and authorize the Mayor and City Clerk to execute all related documen% 9NOWN L. Contract 99-11 receive bids/award contract(Wescott Road-Restriping). It was recommended to receive the bid for Contract 99-11 (Wescott Road-Ruing),a4ij�d the contract to Warning Lites of Minnesota,Inc.,for the Base Bid in the amount of$34'3 .2.30 and#torize the Mayor and City Clerk to execute all related documents. M. Rental of City-owned house-1275 Towerview Road. It was recommended to approve renting of the City-owned house located at 1275 Towerview Road beginning on October 1,1999. N. Contract 98-09 approve final payment authorize City mainta_M*— ce(Valley View Plateau). It was recommended to authorize the 6th and final payment to MacNa a,Inc.,for Contract 98-09(Valley View Plateau-Street&Utility Improvements)iul tl)g: ntutt D �►6,4Q¢81 and authorize perpetual City maintenance subject to warranty provisiortSr:: O. Vacation of public easement receive petition/order public bgaft&(Eagan Royale). It was recommended to receive the petition to vacate a public drainage*;utility easement on Lot 13,Block 3, Eagan Royale and schedule a public hearing to be on October 5,1999. P. Vacation of Rublic easements receive petition/order public hearing(Lexington Pointe 12t"Addition). It was recommended to receive the petition to vacate a public ponding easement and schedule a public hearing to be held on October 5,1999. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE Q. Project 99-E,approve Traffic Control SjgtM Agreement(Oakvi W Center). It was recommended to approve Traffic Control Signal Agreement l�jt%:.:,9333R(Oakvie%'.- ter-TH 55 and TH 149)with the Minnesota Department of Transportation and-ft2o;Te thend City Clerk to execute all related documents. ' R. Award bid for repairs and upgrade of Fire Station#2. It was recommended to award the bid for the repair and upgrade of Fire Station#2 to CM Construction. S. Creation of Community Facilities Land AiL'El it i xtV::3f was recommended to ratify the creation of the Community Facilities Land A�gituitifib: ' T. Project 756,receive final assessment roll/schedule„oi blic hear(Woodgate 3rd Tiberon Mallard Park 3rd Add. -Overlay). It was recommended to r t,!Q.the Fi :�issessment Roll for Project 756 ood ate 3rd Tiberon Mallard Park 3rd A ''""*' (W g efta $ti+ ri cements)and schedule a public hearing to be held on October 5,1999. U. Project 753,receive final assessment roll/schedule public hearing(Thomas Lake Road-Overlay) It was recommended to receive the Final Assessment Roll for Project 753('Phomas Lake Road-Street Improvements)and schedule a public hearing to be held on October 5,1999. V. Project 752,receive final assessment rol!2�-.w4xblic hearing(Johnny ohnny Cake Ridge Road- Overla It was recommended to receive the V f4i�:MQ�5#_W;Roll for Project 752(Johnny Cake Ridge Road-Street Improvements)and schedule a pubes heariiiigko ffe he,Id on October 5,1999. W. Project 776,approve resolution of support fg(Yankee Doodle Rd -Ext) It was recommended to approve a resolution of s 3 ;};itl;O Kota County's application for Federal and Regional Surface Transportation Program Rialiaing through the Metropolitan Council for Project 776 (Yankee Doodle Road-Extension). Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the consent agenda. In regard to Item E,Footing and Ftriii3fitoirprstt #t ; ia Addition,Duke Weeks Realty Councilmember Masin said that it seemed premature . rant permission to the developer to start building. Senior Planner Ridley stated that staff anticAW'tes that ft-final subdivision will be ready for Council approval at the September 21 meeting. He aad that H noting and foundation permit does not include any construction above grade level. In regard to Item J,Tobacco license,Walgreens,4220 Lexington Avenue Councilmember Masin said that approving a tobacco license for a store that sells healthy products seems inconsistent. In regard to Item O,Vacation of public easement,receive:&tition/order public hearing(Eagan Royale) Councilmember Masin questioned why the City would-%.*t to vacate this easement. Director of Public Works Colbert explained that addi rp.> i]s e- cation would be provided to the Council at the time of the public hearing. ..• •. In regard to Item T,Project 756,receive nal assessmeif-: 1/schedule public hearing Woodgate- 3rd,Tiberon, final Mallard Park 3rd Add.-Overlay),Councilmembersin suggested this item be continued until the appraisal evaluation has been completed. In regard to Item A8,Resignation of Tulie Farnham,Planner,City Administrator Hedges commented on what a great asset Ms. Farnham was to the City and added that she will be missed. Mayor Awada commended her for her leadership role in the completion of the draft Comprehensive Guide Plan. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE 6 Councilmember Blomquist thanked Ms.Fan)_&m for the excellent she did while employed by the City. A vote was taken on the consent agenda�+i 'f? si ' OLD BUSINESS APPOINTMENT,SOLID WASTE ABATEMENT COMMISSION City Administrator Hedges provid4ZW1bV"?F 'Councilmember Masin moved,Councilmembw:.iakken seconded a motion to appoint Michael Stone to the Solid Waste Abatement Commission for- :*i a three-year term. Aye: 5 Nay: 0 COMPREHENSIVE Gt •PLAN I}Ttk =CITY OF EAGAN Mayor Awada provided an overview on this item. An attorney representing Mike Neisius stated that his client was opposed to the proposed low density Guide Plan designation of his prop:;He added that,absent a commercial designation,his client concurs with the Advisory Planning Ctitrisss recommendation to treat the property as transitional. Several people spoke of their concern reg&ing the.**i. operty to be designated for multi- family development as it relates to affordable hQiilS Councilmember Carlson stated thai-&i 'property owners whose property may become non- conforming should be renoticed regarding the September 21 City Council meeting. Councilmember Carlson responded to a question that renotification of property owners,in regard to final Plan adoption, would not be necessary. " OFFICIAL MAP#1 (NORTHTMMG ROAD EXTENSION City Administrator Hedges provided an overview on this:-Aem. Director of Public Works Colbert gave a staff report and noted that MnDOT has agreed td:bell excei;Ojand to the City;however,they are not in agreement with the City's appraised valuation. He:NW the Citi commissioned appraisal has not been completed for the right-of-way acquisition for the Glen1'ond Apidents. Councilmember Bakken moved,Mayor Awada seconded a motion to adopt Official Map#1. Dennis Trooien,representing Larry Wenzel,said he was encouraged with the progress regarding the MnDOT right-of-way acquisition;however,he stated that hi_4-I*nt was opposed to the ring road bisecting his property and was discouraged with the lack of inte*'#on between City staff and his client regarding this issue. He stated that his clint•WWJkl 1g;to zgje;tQ an additional 60-day continuance on the official map and development plan in ': . be made within the next 30 days P � #? ° .. regarding reasonable negotiations with theCity.'i.4 request!L-X ai the City Council authorize staff to proceed,at the City's expense,with the Phase I environmental sWTY,boundary survey,geotechnical survey and wetland delineations on both the MnDOT and Wen*oght-of-way properties. He added that his client would prefer to not be involved in this process. Larry Wenzel said he would prefer the ring road be moved further south to the Marice Drive alignment so he does not have to be involved in the MnDOT land swap. Director of Public Works Colbert said that this was the first time that he had been made aware that Mr.Wenzel was not interested in the MnDOT property. Mr.Trooien stated that Mr.Wenzel has always maintained that he would prefer that the ring road alignment not impact his property. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE 7 A vote was taken on the motion. AyW::z Nay: 3 (Cou*481embers Carlson,Masin and Blomquist opposed) The motion failed for lack*:*iS* ajorit�;.•. Councilmember Carlson moved,Councilmeatm-'P1a'Icken seconded a motion to reconsider the previous action. Aye: 5 Nay: 0 Councilmember Bakken moved,Mayor Awada seconded a motion to continue action on Official Map#1. Aye: 5 Nay: 0 Councilmember Carlson moved,Mayor AwQ1r* jeconde4** otion to approve the completion of an environmental study,boundary survey,geotechni�borings wetland delineations for the MnDOT and Wenzel right-of-way properties. Aye: 5 Nay::r¢' ':Z:: -.� PRELIMINARY PLAN141` 1JLVELC`li`I -LARRY WENZEL (GLEN POND SOUTH) City Administrator Hedges provided an overview on this item. Dennis Trooien,representing Larry .Wenzel,stated that his client was willing to agree to a 60 day continuance. Councilmember Masin moved,Counciln*pberBitiiiaquisf seconded a motion to continue the Preliminary Planned Development for 60 days. Mayor Awada said that the applicatlz*.*.-. bri its own. She further said that this application is very far from anything allowed in the City. and added that the application is inadequate and would have to be altered and sent back to the APC. She stated that she did not support a continuance because the application would require significant changes..Councilmember Carlson concurred. Councilmember Blomquist questioned if Mr.Wenzel would be required to pay additional application fees if he submits a new applicb_UMk:::0;d*bCj'ift %.1.4rison suggested that thea application on be denied and that the application fees forns be adjusted. City Administrator Hedges stated that the Council could waive the typicaj-4pplication,kees. He added that development review costs would be borne by the applicant. A vote was taken on the motion. Aye: 2 Nayl.'3' (Mayo . wada and Councilmembers Bakken and Carlson opposed) The motion failed for lack of a majority. Councilmember Bakken moved,Mayor Awada seconded a motion to deny the application and to waive the application fees on a new application,if submitted within one year. Councilmember Bakken stated that the reason the contirtE*ce was not granted is because the application was deficient,additional inforrM4on;iS.needed,.4ud ng additional information had been submitted during the past 60 days. Mayor4tei?i ;'k`iti44preservation plan had not been submitted,the density was twice as high asib �a b'yf �'eify'�Ocie and several other development plans,as referenced in the staff reports,were missing. . A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Masin moved,Mayor Awada seconded a motion to send a letter to the City's legislative delegation regarding the MnDOT tum back for the Northwood Parkway Official Map#1. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE COMPREHENSIVE GUIDE PJ AN AMENDMENT&REZONING-MVTA City Administrator Hedges provided'W.w ew OX#04* m. • Jim Lasher,representing the MVTA,discussedffie'fwoproposed plans for the site and added that there will not be any negative impacts on traffic. Al Baker,owner of Al Baker's Restaurant,stated that he understands the need for mass transit but said that this site is not appropriate for a;} cpc#-rSctR:' chf$Ssed concerns with the impact on X. the visibility of his restaurant. He cited situawris :�ack of visibility led to the demise of restaurants in the City. He also expressed concern aboA* a imp ;Qf the additional traffic and said that the MVTA should be required to conduct a traffic stuotr:,LHe suggste,d that the request be continued for further study or be denied. Councilmember Masin said that as S?ie'drove wesi ff--8own Yankee Doodle Road toward Al Baker's Restaurant she was unable to see the restaurant until she was at the stop light at the park and ride entrance. Bill Baell,representing SuperAmerica,echoed the concerns expressed by Mr.Baker. Cindy Johnson,President of the No* ... 3c... County Chamber of Commerce,stated that area businesses support the need for mass transit. She concern about the location of the park and ride and said comments were received that iWicated there'AeedA to be more study about the impacts on businesses and traffic. Councilmember Blomquist questio tMt;h9Wght of the structure could be reduced. Mr.Lasher responded that the MVTA is attempting to�'%' eed with a grant application and that reducing the number of cars the site can accommodate will result in the loss of funding. Councilmember Carlson mentioned'that a condition stipulating that no liquor may be sold on the site should be added. Mayor Awada noted that additional conditions were being included which addressed monument signs,a traffic impact;el "sttcs l"ation measures. Discussion occurred regarding the potential fcit*ill accesp;off Yankee Doodle Road. Councilmembei Masin moved,Councilmemb %akken stQeignded a motion to approve a Comprehensive Guide Plan Amendment that would establish a `•?iy;Central Area Land Use Guide Plan designation upon 4.5 acres of existing I-35E right-of-way located south of Yankee Doodle Road and _ Ae: SNa : .O between Pilot Knob Road and I 35E in the northwest /a of Section 15 y y Councilmember Masin moved,Councilmember Bakken seconded a motion to approve a Final Planned Development(rezoning from undesignated to PD,Planpe'Development)to allow the establishment of a mixed use,retail and transit facility upon 4.5#tts of existing I-35E right-of-way located south of Yankee Doodle Road and het;?aR.*R.p of 1�R4 RRA and I-35E in the northwest 1/4 of Section 15 subject to the following condition;:: •..••. .. 1. The Metropolitan Council shall approve and tW.t* Council shall implement the requested Comprehensive Guide Plan AmendriW. 2. The subject property shall be platted. 3. Prior to development activity occurring on site,the applicant and/or developer shall enter into a Planned Development Agreement with the City. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE 9 4. The following exhibits shall: required for the F"Planned Development Agreement. Final Site Plan Final Landscape Plan Final Building Elevations a't%nage Plan Lighting Plan 5. The City finds the proposed zero lot line setback(for the off-street parking area)from Pilot Knob Road to be acce :# t1r; iFie acceptable,the following conditions shall apply: A. The applicant shall provide ppgf to the Ql;y that the County is agreeable to the placement of landscaping and fend :'�thin thci:�tght-of-way. B. Prior to final plat aJipKoval,the MfAtsliall provide a screening plan that responds to the possibility of County road improvements necessitating the removal of screen plantings. 6. A zero lot line is an acceptable parking deck setback from I-35E right-of-way. 7. The 68 parking stalls as prt......yi fficient to satisfy the parking requirement for the retail space. 8. All retail parking spaces shallb� gned:and:••1'.65k1i�ed for use by retail patrons. 9. All mechanical equipment' mounted)mounted)shall be screened from view of public rights-of-way. 10. All City Sign Code requirements shall be met. 11. All site lighting shall be hooded to deflect light away from adjacent properties and public rights-of-way. 12. The MVTA shall be responsible for t*;axtensior ,#.sanitary sewer across Pilot Knob Road (County Road No.31)to serve Qropos(4--ietail buildings on the site. The MVTA shall be responsible for obtaining the} essary pnit approvals from Dakota County for this construction. ' .. • 13. The MVTA shall include the parking area encroachment within the proposed plat. 14. The MVTA shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to buildir&-r'Ad grading permit approvals. 15. The applicant shall pay a r•. +; et,wWrl;ta£$17,.t5QD in satisfaction of the City's water quality requirements. ..... 16. The area of the subject devoted to retail uses(LiUUings and supportive pa;king)shall be subject to a cash parkland dedication of$3,376 pkc;net acre and a cash trailway dedication of$920 per net acre. 17. That the uses of the proposed retail area be convenience uses for the park&ride user and not destination oriented. 18. The following uses will be prohibited. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE 10 Any establishment miring a liquor h Department stores Junior department stoic :; Hardware Theater Small vehicle or boat sales Amusement rooms Health and sports Garden store Motel or hotel ,•. ,. Multiple dwelling complex Public utility tower 19. Entrance signs will be montiiffi i'E signs as'd n`Eied in the City Code. 20. The MVTA will be responsible for a traffic impact analysis on the adjacent roadway network for the expansion of the Yankee/Pilot Knob MVI'A Park&Ride. 21. The MVTA will be responsole:#or any and all modifications needed to mitigate any adverse traffic impacts due-W.t :i�DcPallsion of the Yankee/Pilot Knob MVTA Park& • Ride. Aye: 4 Nay: 1 (Councilmember Carlson oppos*5 Councilmember Bakken said that,ia.j tj?rtr ouncil work session,the Council could discuss pylon signage for Al Baker's and SuperAmAca*in an effort to mitigate visibility impacts. Mr. Baell requested that future notifications of public meetings be sent to the business address and also to the property owner. RIVERPARK PRELIMINARY PtUE CROSS BLUE SHIELD City Administrator Hedges provided an over%!%ew on this-item. Senior.Planner Ridley gave a staff report. Councilmember Bakken moved,Councilmemlier Carlsoi;:Sikonded a motion to confirm that the refined site layout design is consistent with the originally approved RiverPark Preliminary Planned Development. Aye: 5 Nay: 0 Mayor Awada recessed the meeting at 9:30 p.m. She reconvened the meeting at 9:45 p.m. Mayor Awada moved,Councilmember Masin seconder*'.*:*'otion to move Item A of New Business,Certification of the PreliminaryUQa�'rtu T;;x.L•?�;to the last item of New Business. Aye: 5 Nay: 0 ..... NEW BUSINESS , REZONING-CITY OF EAGAN FOR PROPERTY PRESENTLY OWNED BY THE U.S.POSTAL SERVICE ON JOHNNY CAKE RIDGE ROAD City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. • EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE 11 An attorney from Winthrop and W1h6stein,representing' U.S.P.S.,stated that his client is displeased with the rezoning of the property. d said it will resf significant economic loss. He added that the U.S.P.S.will have to hold onto their" ? ty and sem it remedies. He further added that if ttie property is not developed,no taxes will be ic?>;:::c_: Qe1' He said that the City is going beyond what is required with the draft Comprehensive Guide 1't. A representative of Dominion added that their company has a purchase agreement with the U.S.P.S. to develop the property as rental housing. He further added that the U.S.P.S.has the ability to develop the property as high density. He sW: i*r.ifQa t; !pM to the rezoning to R-1. He noted that they are not interested in maximizing stated that they are considering submitting a Planned Unit Development. ., •�ti John Wihnus,representing EHW Propertiesi: itioned• t they had submitted a written objection to the downzoning of this proper" John Mullaney,1585 Wexford Circle,said he supported the downzoning of the property. He stated that the entire area has a significant amount of medium and high density development. He expressed concern about increased traffic. He stated that the Oakridge School is no longer open to open enrollment. Karen Flood,1518 Lone Oak Road•''40910W why the Council was rezoning the property at this time. She said that they would be able to defer'aiiy-actiiWOb:rezpning to August of 2000. She further said that this land could be used to build afford ae housirrgtiiits.:, Tamara Higgs,4299 Pintail Court stated: sed to the density and expressed concern with extreme traffic volumes th ll of housing. She said that she was not opposed to affordable housing but noted t 'tlie developer had presented three different proposals at various meetings,which did not all appear to support the concept of affordable housing. She indicated her support for the rezoning to R-1. Paul Lindemann,4294 Wexford Way,commented on the petition that had been submitted by residents in support of the rezoning. Resident Sharon Carter stated that the area alk*dy has&.}age diversity of housing types. She requested the City Council carefully examine what tyM;bf devel¢ ent is being proposed for the area. Michael Higgs,4299 Pintail Court,stated thaf&schoo18%*:-: area are already at or near capacity. He expressed concern with traffic,noise and density and said he was in support of the rezoning to R-1. Councilmember Masin questioned why the property was being rezoned. Mayor Awada stated that the land is designated D-II in the Comprehensive Guide Pla*-**d added that the Comprehensive Guide Plan Subcommittee believed the R-1 zoning designation d.05mall lot single-family development would be more suitable for the site. Mayor,A•►Wadatj;FkJ?er.st-).4Pd;that many of the surrounding properties are now,through developer act3ji�i§�;XQ ,ed,•1,�%'.: .. Councilmember Carlson noted that the State mandates t the Comprehensive Guide Plan supersede zoning. Mayor Awada commented on the fact that"*!te is not on the tax rolls,is undeveloped and said it is appropriate for the City to review the zoning. Councilmember Masin moved to continue the Rezoning. The motion failed for lack of a second. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve a Rezoning of 6.3 acres from R-4,Mixed Residential to R-1,Single Family Residential located south of EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE 12 Diffley Road and east of Johnny Cake Ridge,Mad,in the NW 1/4 of Section 28. Aye: 4 Nay: 1 (Councilmember Masin opposed) REZONING-CITY OF EAGAN FOR PRO LY OWNED BY EHW PROPERTIES LOCATED IN THE SOUTHEAST CORNER OF UIF> EY RD.AND JOHNNY CAKE RIDGE RD. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. John Wilmus,representing EHW Proper!,W,'? i iitcTIter submitted in opposition to the rezoning of the property. , Councilmember Bakken moved,Mayor A ;;�econdg, :inotion to approve a Rezoning of 8.6 acres from RB,Roadside Business to R-1,Sisy t�y I( ita#located south of Diffley Road and east of Johnny Cake Ridge Road,in the NW 1/4 of ec*1 on 28. Councilmember Masin inquired if the developer will get reimbursed for the assessments that were paid for the installation of commercial utilities. City Attorney noted that when a pic+�3eFt� is upzoned there is no additional charge for assessments and when a property is dowr► b....;iq e► }�ursement is provided. Councilmembers noted that the reasons to support the rezoning were the' the U.S.P.S. property. Councilmember Carlson stated that this iia has mix mix and added that the City Council is not trying to make the whole area R.1: g to strike a balance. A vote was taken on the motion. .4-Nay: 1 (Councilmember Masin opposed) REZONING -GRAMERCY CORPORATION City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,CouncilmeniW.Carlsoq:Wonded a motion to approve the Rezoning from NB,Neighborhood Business to LB,LftiY d Bus' of a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman$fid. Aye: ....Nay: 0 Councilmember Bakken moved,Councilmember Carlson seconded a motion to allow the establishment of a"retirement home"within an LB,Limited Business zoning district upon a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road subject to the following conditions: 1. The subject property shall be platted. 2. Trash handling activities spiw* *4141 i:¢{> ;t; j }lcipal structure. 3. All site signage shall comply with City Code reiVixements. 4. 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. 5. 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. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE 13 6. According to the City of Eage fi Tree Preservatigo: dinance the required tree mitigation calculates to the installation of t y�;e,�i t31 :=dive(135)category A trees,or two- hundred seventy(270)category' QQi ; hundred forty(540)category C trees,or an equivalent combination of these trees. Mitigation shall be in addition to any city required landscaping. 7. Ponding shall be conducted irI t lq.gastem portion of the site to provide on-site treatment for runoff from this parcel. ;; 7y g�quld incorporate a 10 foot wide • aquatic bench extending froiriNW t¢...#;€at3ttielaia: TWL and side slopes below the aquatic bench shall be 3:1 to a maximWdepth o fi feet. The two ponding areas shall have a combined minimum wet vola of 0.6 aQ*4eet. 8. This development would biorile' t :cas'#i�J)arks dedication and a cash trails dedication. 9. A private access drive shall be constructed in the northeast corner of the site to provide a future secondary access to potential public streets within the adjacent easterly parcel. Aye: 5 Nay: 0 Councilmember Bakken moved,Councilmeiirliei: �,�econded a motion to approve a Conditional Use Permit to allow a structure exceei��ng 30 feet in Height within an LB,Limited Business zoning district upon a 4.9 acre parcel of land loud nor#l+;taie Doodle Road and east of Coachman Road. Aye: 5 Nay: 0 Councilmember Bakken moved,N66r Awada seconded a motion to approve a Final Plat (Gramercy Park of Eagan)of a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road in the SW 1/4 of Section 9. Aye: 5-Nay: 0 PLANNED DEVELOPMENT AD11 ENT-C.M. ARCHITECTURE&OPUS City Administrator Hedges provide'cl'aft overvi vi*'dti4Witem. Senior Planner Ridley gave a staff report. In response to a question by Councilmenfi�t Masin:;$enior Planner Ridley responded that it would be unlikely that there would be enough space fQk:p full set'i0ice hotel next to the proposed Slumberland. Gary Fagerstrom,C.M.Architecture,commented on the desire for a deviation from architectural standards and signage guidelines. Councilmember Carlson moved,Mayor Awada seconded a motion to approve a Planned Development Amendment to the Eagan Promenade and a Final:Iarined Development for 70,000 square feet of retail space in two buildings,two pylon signs and two cl*b*es to the building materials,for part of Lot 9,Block 2,Eagan Promenade subject t¢ r;!;fspit : 1. The developer shall obtain•approval from the•property owner of Parcel 010-57 for grading on that property. 2. Parking and proof of parking area shall be provided at a ratio of 1 stall to 200 square feet. 3. The landscaped plan shall be revised according to the comments in the staff report and all plant materials shall meet the minimum size specifications of the City Code. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE 14 4. The preliminary grading plaxdepicts grading on the adjacent property to the west,Parcel 010-57. The developer shalw--7esponsible for icing approval from the property owner of Parcel 010-57 for gr ittg:Qx. 1t;�t, 5. This development shall provide a private ingress/egress easement document covering the service drive stubbed to Parcel 010-57 to the west. This easement document shall be reviewed and approved by the City Attorney prior to building permit approval for this development. 6. Setbacks shall be as shown on the sfte': i''ZM6 29,1999. 7. The landscape plan shall be revised td*corporawbe suggestions in the staff report. All plant materials shall meet the;rl}i} i $ize sp #3Gations of the City Code. 8. All outside dumpsters shalflie screened wiff iii enclosure made of materials to match the principal building and with gates that are 90% opaque. 9. Building materials shall be limited to 75% in brick,stucco,metal and glass,in colors and architectural design complementary to the Eagan Promenade in-line and community retail centers. 10. Each building is allowed one pylon sigh;xg jo:; k.£eet in height and 125 square feet in area. Setbacks shall be ten feet fi ih any propept},.kne. 11. Wall signage shall be all owed.•c?siiitltibu°ifding elevation only,up to 15% of the area of the facade. 12. The pole and building mounted light fixtures shall be the same as was used throughout the rest of the Eagan Promenade for site lighting. Councilmember Carlson said that she;s:iA gj1e4 t11q reqnest to deviate from the architectural and signage guidelines since Slumberland is a :#tbiIcC...0 Promenade. She mentioned that building materials for other structures in the area'of ffie!''8 iieniPare not similar in appearance. Mayor Awada noted that all other buildings were included ir. Promer ie Planned Development,which required the building materials to be of a higher quah0 Senior Barter Ridley explained that the architectural guidelines for all other buildings were c(jAS*tent. Councilmember Carlson stated that she supported condition 9b and 10a,regarding building materials and the pylon sign. Mayor Awada added that the parcels in the back of the Promenade are separate. She further added that the Council recently approved a full-service hotel on Pilot Knob Road near 494,which satisfies the City's need for such a facility. Councj�nember Masin said she would not support this proposal because she believes the City should hold pii:�;for a hotel in this area. A vote was taken on the motion. : ;:3•. dinember Masin opposed) COMPREHENSIVE GUIDE PLAN AMENDMENT-WOODCREST CHURCH City Administrator Hedges provided an overview on this:stem. Senior Planner Ridley gave a staff report. Councilmember Masin moved,Councilmember Bakken seconded a motion to approve a Comprehensive Guide Plan Amendment on 1.5 acres from D-1 Residential(0-3 units/acre)to PF(Public Facility). Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE 15 Councilmember Masin moved,CouwAmember Bakken seconded a motion to approve a Rezoning on 1.5 acres from A(Agricultural)Vii; '• Public Facili ` ::4 5 Nay: 0 ; :. Councilmember Masin moved,CounciliioY; seconded a motion to approve a Rezoning on 12 acres from R-1 (Single Family)to P(Public Facility). Aye: 5 Nay: 0 Councilmember Masin moved,Councilmember Carlson seconded a motion to approve a Final Plat on 13.5 acres located at the NE corner of.C.lj Xpad and TH 3. Aye: 5 Nay: 0 :•r:• WAIVER OF CITY CODE tt$QY11itl "t' '-' ER JAY COMPANY City Administrator Hedges provided an ovemQv on thi,9;4tem. Senior Planner Ridley gave a staff report. Jay Clark,applicant,provided a hisfory of the parceT M explained the reason he was requesting a building permit prior to platting. He further explained the reasons supporting the request to waive the requirement for a Conditional Use Permit,which included the fact that outside storage has occurred on this parcel for years and added that the use of the property is not changing. Mayor Awada moved,Councilmer ie-:$Akken seconded a motion to approve the issuance of a building permit for property located at the***- -e *;Meadowview Road in the NE 1/4 of Section 8 prior to platting of the property. Aye: 5 Nay: 0 Mayor Awada moved,Councilmember NE. to deny the request to waive the requirement for a Conditional Use Permit fRk qi tid4.t-4 t Age Mayor Awada stated that the City>vo requires a CUP for new construction. A vote was taken on the motion. Aye: 5 Nay: 0 CERTIFICATION OF THI P.IRELIMINARY 2000 PROPERTY TAX LEVY, APPROVAL OF THE PRELIMII�X11;- �E # i' ;: :TND OPERATING BUDGET, APPROVAL OF THE TRUTH- G DATES,AND CHANGE DECEMBER 1999 CITY COWIL METMING DATES Councilmember Bakken moved,Councilmeq Carlso*- onded a motion to approve the preliminary 2000 property tax levy as follows: City Operations $14,168,200 MVTA Opt-Out Transit 2,110,918 Cedarvale Special Services District 5.000 Aye: 5 Nay: 0 Councilmember Bakken moved,clot ivi., ; so# econded a motion to approve the preliminary 1999 General Fund Operating Budget balanced at$18.200,000. Aye: 5 Nay: 0 Councilmember Bakken moved,Mayor Awada secondiia:i motion to approve the Truth-in- Taxation hearing dates as follows: 1. Initial Hearing-Monday,December 6,1999 2. Continuation Hearing-Monday,December 20,1999 Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 7,1999 PAGE 16 Councilmember Bakken moved,Cotiifcilmember Carlson sWonded a motion to reschedule the December City Council meetings to Mondajt;#�cember 6,1999_ i;Jvlonday December 20,1999. Aye: 5 Nay: 0 ADJoi�itNNf The meeting adjourned at 11:10 p.m.to an Execution Session for the purpose of discussing status/direction for the Cliff Road/Pilot Knob Road Water Treatment Plant and the Oak Chase assessment appeal. Present were Mayor Atc; cfSt *Wti?tb2xs Masin,Blomquist,Carlson and Bakken,City Administrator Tom Hedges,Di ditW; f'}'ltj oi'CB .om Colbert,and City Attorney Jim Sheldon for the Water Treatment Plant item. Councilg&: ber B1ci*.*. t and City Attorney Sheldon then excused themselves while special attorney Jack Chnt(ua; Qinted the.,meeting for the Oak Chase appeal discussion. ........ MLK Date City Clerk If you need these minutes in an alternative forni:Wph pis large print,Braille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 5512�;��- 6&2 4600,(TDD phone:(651)454-8535). The City of Eagan is committed to the policy that all persons•liavegiial'&ccess to its programs,services,activities, facilities and employment without regard to race,cola-i;reed,reh on; 'onal origin,sex,disability,age,sexual orientation,marital status or status with regardto pul"I a1 6�511 1t w MEMO - city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 17, 1999 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 21, 1999 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the September 21, 1999 City Council agenda, the minutes of the September 7, 1999 regular City Council meeting and the minutes of the August 31, 1999 special City Council meetings, the following items are in order for consideration. Agenda Information Memo September 21, 1999 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. PRESENTATION OF PLAQUE BY DAKOTA COUNTY FOR 10 YEARS OF CITY-WIDE RECYCLING ACTION TO BE CONSIDERED: To accept the plaque from the Dakota County Board of Commissioners in recognition of the City's contributions in supporting and operating its residential recycling program during the past ten years. FACTS: • The Dakota County Board of Commissioners is celebrating the ten-year anniversary of the County's residential recycling programs. • The Board is acknowledging the assistance of each community in the County for their efforts in preserving the environment through the support of the residential recycling programs. • Dakota County Commissioners Patrice Bataglia and Nancy Schouweiler will be present at Tuesday's meeting to make the presentation. ATTACHMENTS: • Memo from the Dakota County Environmental Management Dept. enclosed on page 3 67� C O U N T Y W DATE: September 15, 1999 TO: Mayor Patricia E.Awada Environmental Management Barry C.Schade Eagan City Council Members Director FROM: Gayle A. Prest, Environmental Management Department Dakota County Western Service Center SUBJECT: Dakota County Recognition Award 14955 Galaxie Avenue Apple Valley,MN 55124-8579 In 1999, the Dakota County Board of Commissioners is celebrating the ten-year anniversary 612.891.7557 of the County's residential recycling programs. The success of these programs over the past Fax 612.891.7588 ten years would not have been possible without the wholehearted assistance of each www.co.dakota.mn.us community in the County. To acknowledge the valuable cooperation by communities, the County Board passed Resolution No. 99-248 that directs staff to provide recognition and thanks to each community for its efforts in preserving our environment through support of the residential recycling programs. Thanks to efforts by Eagan and other communities, about 80%of Dakota County households and businesses recycle. The amount of material recycled countywide since 1989 would fill 932 miles of garbage trucks lined up bumper to bumper—about the distance from St. Paul to Denver, Colorado. Yard waste is now composted rather than landfilled. Recycling has preserved about 3.8 million cubic yards of landfill space, and Dakota County households and businesses recycled 1,135,745 tons of materials between 1989 and 1998. None of this would have been accomplished without the steady involvement and assistance of the communities and their recycling coordinators. In addition, communities have educated residents on the proper management of solid waste, developed initiatives to establish recycling programs in their buildings, and purchased products made from recycled materials. On behalf of the Dakota County Board of Commissioners, the accompanying plaque recognizes the contributions by the City of Eagan in supporting and operating its residential recycling program during the past ten years. The next ten years will see the need for recycling to continue, with a greater emphasis on reducing waste generation. Dakota County's recycling and waste reduction programs can enjoy continued success only with the participation of communities like Eagan. Dakota County Waste—Recycled, Landfilled and Processed: 1988 1998 10%Recycled 48%Landfilled 48%Recycled 90%Landfilled 4%Processed Pnnt1 on 1_1C�-pope' wrtn 30%port-conwme-.+ane .w Ea"A_oovoPnm E—e-e= Agenda Information Memo September 21, 1999 Eagan City Council Meeting B. RECOGNITION OF MINNESOTA ALLIANCE WITH YOUTH CO-CHAIR MAYA BABU ACTION TO BE CONSIDERED: To honor Eagan resident Maya Babu for her role as co-chair of the Minnesota Alliance with Youth. . .fuffillingAmerica's Promise. FACTS: • Minnesota Alliance with Youth. . .fulfilling America's Promise is Minnesota's response to America's Promise, the national movement chaired by General Colin Powell. The basic philosophy of America's Promise is to offer a framework of five goals to communities in an attempt to help them with their local initiatives. The five goals are mentor, protect, nurture, teach/learn, and serve. • Lieutenant Governor Mae Schunk has appointed Eagan resident and high school junior Maya Babu as co-chair of Minnesota Alliance with Youth for 1999-2000. The goal of the statewide movement is to enlist 250 "Communities of Promise" committed to the five goals. We are fortunate and honored that Lieutenant Governor will be attending the City Council meeting to share the activities of the Minnesota Alliance with Youth and to help us honor its co-chair. • Maya Babu has demonstrated through volunteer activism her commitment to the Eagan community and to improving the opportunities for youth in the State of Minnesota. A certificate of appreciation is being prepared for presentation to Ms. Babu. • The media has been notified that the Lieutenant Governor will be in attendance and will hopefully provide coverage of Ms. Babu's recognition. Agenda Information Memo September 21, 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. Community Service Officers-- ACTION TO BE CONSIDERED: To approve the hiring of Stacey Conley and Nathan Wood as Community Service Officers Item 2. Seasonal Preschool Program Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of Karla Windelman as a seasonal preschool program instructor. Item 3. Seasonal Preschool Program Assistant— ACTION TO BE CONSIDERED: To approve the hiring of Barb Mason and Terri Kranz as seasonal preschool program assistants. Item 4. Seasonal Preschool Program Substitute-- ACTION TO BE CONSIDERED: To approve the hiring of Lori Huckle as a seasonal preschool program substitute. Item 5. Seasonal Parks Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Mary Eppen, Norm Peterson, Robert Platz and John Sarafolean as seasonal park maintenance workers. Item 6. Seasonal Park Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Paul Robertson as-a seasonal parkattendant. Agenda Information Memo September 21, 1999 Eagan City Council Meeting Item 7. Seasonal Basketball Scorekeepers-- ACTION TO BE CONSIDERED: To accept the hiring of Bruce Barry and David Schomburg as seasonal basketball scorekeepers. Item 8. Seasonal Substitute Basketball Scorekeeper-- ACTION TO BE CONSIDERED: To approve the hiring of Bradley Champlin as a seasonal substitute basketball scorekeeper. Agenda Information Memo September 21, 1999 Eagan City Council Meeting B. RESIGNATION,BURNSVILLE/EA AN TELECOMMUNICATIONS COMMISSION ACTION TO BE CONSIDERED: Accept resignation of Jeff May from the Burnsville/Eagan Telecommunications Commission and make a determination regarding filling the vacancy. FACTS: • Mr. May informed the City that he is resigning from the Burnsville/Eagan Telecommunications Commission due to a job change and relocation to another city. • Mr. May's term expires January, 2000. • Jerry Sowells is currently the alternate on the commission with a term expiring January 2000. • As the Council has considered in the past, the current alternate could be promoted to the regular Commission position with the alternate position being advertised in the local media. ATTACHMENTS: • Letter of resignation from Mr. May enclosed on page . 1295 Crestridge Lane ��'' Eagan, MN 55123 September 7, 1999 Mayor Pat Awada, c/o Tom Hedges, City Administrator City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Mayor Awada: Since 1996, I have been proud to serve as one of Eagan's representatives on the Burnsville/Eagan Telecommunications Commission. During this period,the Commission has accomplished a great deal including several transfers of ownership, the takeover of public access television, and a franchise renewal. I have greatly enjoyed my time on the Commission and have learned a great deal along the way. Therefore, it is with sincere regret that I must resign from the Commission effective 8/27/99. I have accepted a new position with my employer that requires me to relocate to Illinois. This has been an exciting time to be involved in the telecommunications arena and the Commission will continue to face a rapidly changing environment. It has been my hope that the current developments would provide improved services and greater competition. Unfortunately, the current consolidation and regulatory changes are doing more to reduce competition than increase it. Hopefully, this will be a temporary condition. Until the market has evolved to the level where competition between providers will adequately protect the interests of the subscribers in our community, it is essential that the BETC be powered and encouraged to do so. I will look back at my time on the Commission with a sense of accomplishment and I hope that the City of Eagan has viewed my work in a similar light. I want to thank the members of the Commission for their service and dedication. They have been a pleasure to work with and I wish them the best in the future. Sincerely, —�)�OAt Jeff May cc: Mike Reardon, Telecommunications Coordinator Agenda Information Memo September 21, 1999 C. PROJECT 7668,TRAFFIC SIGNAL AGREEMENT LEXINGTON AVENUE & WESCOTT ROAD ACTION TO BE CONSIDERED: To approve Traffic Signal Agreement No. 99-06 for Project 766R-A (Lexington Avenue & Wescott Road — Traffic Signalization) with Dakota County Highway Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On June 1, 1999, the City Council ordered the signalization of the Lexington Avenue (County Road 43) and Wescott Road intersection (Projects 766R-A). The improvements include the installation of turn lanes, traffic control signals, emergency vehicle pre-emption, and signing at the intersection. • On August 17, the City Council awarded the bid for Contract 99-10 for the construction of Project 766R-A. • An agreement between the City of Eagan and the Dakota County Highway Department has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. As set forth in the agreement, the City's financial share of these improvements is 50% of the construction, engineering, and inspection costs (Estimated Total Construction Cost= $166,000.00). • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. Agenda Information Memo September 21, 1999 Eagan City Council Meeting D. CONTRACT 00-01,CLIFF RD. WATER TREATMENT FACILITY ACTION TO BE CONSIDERED: Authorize Requests for Proposals for professional design services for Contract 00-01, Cliff Road Water Treatment Facility (Masonry Restoration) FACTS: • The Cliff Road Water Treatment Facility is in need of extensive repair and restoration of its masonry structure. In order to receive the most economical cost, it is necessary to prepare detail plans and specifications for competitive bid solicitations. • Because this is a specialty type of public improvement, it would be appropriate to look outside the current pool of professional consultants presently available to the City by soliciting Requests for Proposals (RFP) from firms that specialize in this type of work. Agenda Information Memo September 21, 1999 Eagan City Council Meeting E. PROJECT 758, SURREY HEIGHTS—FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 758 (Surrey Heights—Street Overlay) and schedule a public hearing to be held on October 19, 1999. FACTS: • Project 758 provided for the bituminous overlay of the streets and public utility line repairs within the Surrey Heights Additions located south of Yankee Doodle Rd and west of Federal Drive. • This project, constructed under Contract 99-02, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the Final Assessment Hearing to present the final information to the affected property owners and address any concerns. • The Final assessments are approximately 19% under the estimate contained in the Feasibility Report presented at the public hearing held on April 6, 1999. �l Agenda Information Memo September 21, 1999 Eagan City Council Meeting F. PROJECT 757,RIDGEVIEW ACRES-FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 757 (Ridgeview Acres — Street Overlay) and schedule a public hearing to be held on October 19, 1999. FACTS: • Project 757 provided for the bituminous overlay of the streets within the Ridgeview Acres Addition located east of Blackhawk Rd and south of Blue Cross Rd. • This project, constructed under Contract 99-02, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the Final Assessment Hearing to present the final information to the affected property owners and address any concerns. • The Final assessments are approximately 43% under the estimate contained in the Feasibility Report presented at the public hearing held on March 2, 1999. f Agenda Information Memo September 21, 1999 Eagan City Council Meeting G. PROJECT 755,MEADOWLAND 1sT ADDITION FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 755 (Meadowland 1St Addition —Street Overlay) and schedule a public hearing to be held on October 19, 1999. FACTS: • Project 755 provided for the bituminous overlay of the streets within the Meadowland 1St Addition located south of Diffley Rd. between Rahn Rd. and Beaver Dam Rd. • This project, constructed under Contract 99-02, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the Final Assessment Hearing to present the final information to the affected property owners and address any concerns. • The Final assessments are approximately 38% under the estimate contained in the Feasibility Report presented at the public hearing held on February 2, 1999. 13 Agenda Information Memo September 21, 1999 H. PROJECT 784,LOUIS LANE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the draft feasibility report for Project 784 (Louis Lane—Street Improvements) and schedule a public hearing to be held on October 19, 1999. FACTS: • On June 15, 1999, the City Council approved a Preliminary Subdivision for 23 single-family lots (Cherrywood Knoll) at the east end of Chapel Lane located south of Hwy 55 and east of Hwy 149. • On August 5, City staff received a petition from Thomas Von Bische, representing Heritage Development, Inc., the developer of the Cherrywood Knoll development, requesting the construction of Louis Lane. • On August 17, the City Council directed staff to prepare a feasibility report considering new street improvements for Louis Lane between T.H. 55 and Chapel Lane. • A condition of Final Subdivision approval for Cherrywood Knoll states that the connection of Chapel Lane to T.H. 55 must be approved by the City Council. • A draft feasibility report has been completed consisting of new street construction and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the adjacent property owners prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo September 21, 1999 I. PROJECT 761,DUCKWOOD DRIVE STREET OVERLAY ACTION TO BE CONSIDERED: To receive the draft feasibility report for Project 761 (Duckwood Drive — Street Overlay) and schedule a public hearing to be held on October 19, 1999. FACTS: • On October 20, 1998, the City Council directed staff to prepare a feasibility report considering street rehabilitation overlay improvements on Duckwood Drive, from Denmark Avenue to Lexington Avenue. • The resurfacing of Duckwood Drive is programmed for 2000 in the City of Eagan's 5-Year CIP (2000-2004). • An informational neighborhood meeting will be held with the adjacent property owners prior to a Public Hearing to review and discuss the proposed improvements. • A draft feasibility report consisting of a bituminous resurfacing has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo September 21, 1999 Eagan City Council J. FINAL SUBDIVISION (APOLLO BUSINESS PARD-DUKE-WEEKS REALTY CORPORATION ACTION TO BE CONSIDERED: To approve a Final Subdivision to create two lots on 20.5 acres south of Apollo Road in the North '/z of Section 11. FACTS: • The Council approved the preliminary subdivision on May 18, 1999. The preliminary subdivision consisted of three lots. The final plat consolidates the two southerly lots into one, and the northerly lot remains the same. • All documents are anticipated to be signed and in order for execution at the regular City Council meeting on September 21, 1999. ATTACHMENTS: Final Plat page l6 I� y O N y C_T 4 C-:1 •n n r Ei i'e 4 - CT t E M„Z6,Po6&N 1 SON'000 b3e Itl31lEr3 �1H3T35Y3 unun �� I r'A Ljo =o (Y I e+ II I � q rA I -71_ nn r� B�-I VJ vrr�i �i vIVI m o J � W x�sr u�LL °x b.Wtlx0 „v S € Pu L IN3x35Y3.UnLLn Oxr brrerx0-�\ i� �� O�r-I 'e€� t mos I -Ij I� h OZPBS M„OO,FY,68N s_ i Q _ L .14 ——————— ----------- 1 n o„I Iw � -7-7�_il/n r�_i��v_7 I i i R o _7 r v vi V v / v_J . Q II 21 N a 21 K e I: o X z.K.Bz•ct53 ..� �\o.- — ——xxae unun Bxr brxnb0�%�• I °ci \ I n�•r � LJ m I •I ,Pr 11/� L 20 S_ 1�iKPot s tKPo GBLB0 / 'S°N J00 !Ae 1x3rt35'/3 o „"I I T 3xnarn aroxura FS'lOS 31,6O,Ydr 6P5 --- Q ———————————— --R /I,- 1A Agenda Information Memo September 21, 1999 Eagan City Council Meeting K. CORRECTIVE PLAT (OAK BLUFFS)—MANLEY BROTHERS CONSTRUCTION ACTION TO BE CONSIDERED: To approve the Corrective Plat(Oak Bluffs) located east of Dodd Road and north of Diffley Road in the south 1/2 of Section 24. FACTS: ➢ On July 6, 1999, the City Council approved the Oak Bluffs Final Subdivision. ➢ Since receiving approval, the developer has expressed a desire to slightly reconfigure the rear lot lines of five lots within the subdivision(Lots 6, 7, 8, 10 and 11, Block 2) to maximize frontage along the development's ponding area. ➢ The most efficient remedy to this situation is for the City Council to approve a Corrective Plat. This plat will simply adjust the rear lot lines of the referenced lots as depicted on the attached exhibit. ➢ All lots will maintain the minimum 12,000 square foot area requirement imposed in the R-1 zoning district. ➢ A corrective plat procedure is provided for in the State Statute governing sudivisions. The new plat will not afford any setback variances or increase the number of lots; it merely modifies the lot dimensions,which will provide for the development of single family homes as originally intended. ATTACHMENTS (1): ➢ Corrective Plat,page SEP-15-1999 05:52 E.G.RUD & SONS INC 612 786 6007 P.02i02 REVISED LOTS 6,7,8, 10 & 11 ,OAA BLUFFS DAKOTA C011NTY,MN For. Monsey ,Brom Construction _ Scale 1 60' oe S00103*140E I `SOp psi 1001 / DRIVE 5.63 .� X06 </ I I Ila fol /J \ wI I �IiUW PCV Pie w U2 z1 4.438 sq.ft. y \\ \ I 14.694 9q.ft. \, l ...dGa,Lo.T 1 _OGD LOT \ \ %S00046'1 70E 85.01 00 79.48 �� ? / h0 �.// 6.53 1 `�S` �, �1 / �' tib -Dralnage Eaaomen 1 ,�g�• `i �. 'TO7�Le6 1 ivEw �or�! fix'•?,r / 12.989 sq.ft. \ / wo s !' N p V. N W LIE—�\ A� OLD LOT �• .LIN,C- 8 L = 18.33 .► p 2601515� ° l 16,7750q-) l� / ��, 1 __ N,Zb7 (New R " t / .rt► ��,�' _——134• i `a �ry�• �s1 �" 1 ``8Qg . 1 NI 10 .r�� 1:: d�M �s o'� (New joew 1 i . 0 Ste` D 17.255 sq.ft.l a0 aoo'� �s� 1 o I 1g1 .� 30 , I 1 i ionW Ir r N1��p7 30.15 I hereby certify that this survey. pian. or report was prepared by me or under my a Co. RUQ 4 �S, ISG direct supervision and that I am a duly Regletered Land Surveyor under the lows Lip �(�I/�ORB of the State of MInneeota E. G. RUD SONS. INC 9fM LOKNOTON � \01L NO. CIRCLE FINNS, MINNIWTA Date Registration No.- "014-3628 TW_ 87"-Mbb TOTAL P.02 6127866007 -> CITY OF EAGAN ,TEL 6516814612 09/15 '99 07:53 Agenda Information Memo September 21, 1999 Eagan City Council Meeting L. FINAL SUBDIVISION(LEXINGTON POINTE FOURTEENTH ADDITION)—THORSON PROPERTIES.INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision entitled the"Lexington Pointe Fourteenth Addition" located south of Lexington Pointe Parkway and east of Mathew Court in the NW '/4 of Section 26. FACTS: ➢ The subject property is currently platted as Outlot A, Lexington Pointe Twelfth Addition. ➢ The Preliminary Subdivision was approved by Council action on May 20, 1992. ➢ The financial guarantees and Development Contract are expected to be in order and ready for execution. ATTACHMENTS (1): ➢ Final Subdivision drawing,page �O LEXINGTON POINTE FOURTEENTH ADDITION --------- - _ IV l 1 8111- 2 L.—,._,•_` ''� 1 �...._...a1 IL'••' •[ 23•s...._..:...........•� �� 4'.J y��L --'i�• .�'� I 11-\ g'Bituminous Trail \ t... - , • I I DETA L'n• ;� (�yt4 n• Da SCALE) SY; 23 22�',\ A.� � ,y ,..,..n __ I -•�:'I; •la^w srs.e.+in c s r� I p` .• �i�w•rrr. t;i S 1 f}�''J ,,"r'"..,.1�� , •�e�.•...a.. �� I 1 1 I 21rw�"r•:.j 9' •�:i 'w•n°r i. 1 i� `" ii� .•u•.ww•..»•• "T' 1�.A52t I ..� .{R•=''NL�CL•JI_ .•,. 1 � i 1� I ____ 1 �; 7iFJ/1►T-I'SPOFF•S- ' �.�'. i ~\, ...-.-I•M t .._.-•N`..- -...-_'�-' —— —— 20 •i fi_:J— 9 ; j N ,.,. t------------I ''..' „•.m F I ........... - I Q, I C, _ I 1 A.v .r-__ L •3 I It - ••�,.. '_J a s II rnMi.o 11 \ c I I::. .. _I =W)4" W) tti •.I-----T.iTIr I !I kgs—_ "' R.RIL. I '• \\' 1 I �� - >l,- ! 12 I I 1 Nw I/. NEI/. -'I _!��\,,, •2r"•.ror -' 65 SA t ITE i i i 'kyS�`I I,r»'�\r � ��tt f'"'• •\\ Sw1/4 SEI/4 1 �� I i 1 \ I� ��\\-•-.-i..l I I 16 .I 1 15 14 I jg 13 LOCATION MGP 1 �1 1 •I I SECTION SC 1` T27N,R23W _-_-_3 I _-_--� - 1 ------ NO SCALE . 7fi---� Awl— .........M vvw ITE 32.24............................. ... ` DRAr.DE u•D uTILITv E.SEME.TS.RE 5.NNr1 L•-- ( _ 10'Trail Easement for V Bituminous Trail KM S r2[2'w rIOT..w .GIOR.I•S LOT LINES.AND.O FEET •,wWw Am ADJDR.NA STREET LIES, I .._. UNLESS OTHERWISE OOCATED ON FLAT. I R•I ^,r.:� •I ; C-. T.E SONT.u•[OF T.E Nr 9/4,fEG 17 T.27.R.21, I ! E 1,,,,, wSY.!!UR[D SE.RR•D a 3Uq'SfITr t'i 1 RI i ;t.�.. O DENOTES YV.a•NON PIPE MONUMENT I •I i f:..r': SET MARKED WITH LICENSE NO.15235. i I •1 (1,:' DENOTES FOUND IRON ME MOMIMENT 1 {� • I :[`: MARRED WITH LICENSE NO.15235. ••.N•••• i ;i.... NO MpAAEMT SYl200L SHOWN ON THE PLAT NDItATEi►gNIMENTS TO IE 5ET ACCORDING L--___-_--__ TO MNRKSOTA STATUTES ANDWAKH SHALL / BE IN PLACE ON OR 9EF6ME THE ISTH DAY DF S SO IDG ISO no '•._...R»•M'17'E 152.14 ....`ri.00 SE CORNER OF .GMl M RR TME NW I\.,. SECTION 26 HIGHLINE TRAIL AND WALNUT HILL PARK Agenda Information Memo September 21, 1999 Eagan City Council M. FINAL SUBDIVISION (MCNALLY ADDITION)—BRIAN AND BAERBEL MCNALLY,DBA COLLECTOR'S PARADISE ACTION TO BE CONSIDERED: To approve a Final Subdivision to create one lot consisting at 2781 Pilot Knob Road in the NE '/o of Section 4. FACTS: • The property is currently unplatted and contains a gift shop, Collector's Paradise. The McNally's wish to rebuild their store, and City Code requires that the property first be platted. The proposed plat follows the existing parcel lines, dedicating 75 feet of right-of- way for Pilot Knob Road. • Dakota County initially objected to the proposed plat because of the direct access to Pilot Knob Road(which does not meet spacing guidelines) and lack of provisions for alternative access. The County's letter is attached for your reference. • The City met with the McNally's and discussed the issues raised by the County, and the McNally's agreed to dedicate a 30-foot half right-of-way along the west end of their parcel to provide the possibility for a future backage road as suggested by the County. The City subsequently sent a letter to the County explaining this modification in the plat. The City's letter is also attached for your reference. The 30-foot right-of-way will be incorporated on the mylars and verified by City staff prior to releasing the plat for recording. • Preliminary comments from County staff indicate that these provisions satisfy the County's concerns for the time being, and will be presented to the County Plat Commission at their next meeting. ATTACHMENTS: Final Plat page cO Letter from Dakota County dated August 24, 1999, page y Letter from City to County dated September 9, 1999,page j � $dig a� � �.� 6� � � • � � s s ; ui iia 1 �� € mgo� 41 _ i5l1 �� Y � 8 S• a� t8 , �ME2d-N[21->'035 S 101 lAl}IId17AM+11 31ii1 ISYS ~ �� M.LZ.E0,005 Do co �I 11.[2.E0,005 00%E — - - - -1— — raj (OtlOti R 80NN AIId) R IE 'ON 'N Y.S•0 I s CD ---- . o ' oil I H I . o Q W 1 1 to V i ! I i I , « �1 1 S, 00'%E h ME.E6.00 00'M C i 101 1N-*ftgAm d0 W71 15.3 3Nl"AP 131'"d i tj W 03 C o u N r v Survey and Land Information August 24, 1999 Gary H.Stevenson.P.L.S. County Surveyor Land Information Director City of Eagan 3830 Pilot Knob Road Dakota County Eagan MN 55122 Western Service Center 14955 Galaxie Avenue Attention: Marilyn Wucherpfenning,Planning Department Apple Valley,MN 55124-8579 Re: MCNALLY ADDITION 612.891.7087 Dear Ms.Wucherpfenning: Fax 612.891.7097 www.co.dakota.mn.us The Dakota County Plat Commission met on August 23, 1999 to consider the final plat of MCNALLY ADDITION. Said plat is adjacent to CSAH 31, and is therefore, subject to the Dakota County Contiguous Plat Ordinance. No preliminary plat was received as required by the Ordinance. The plat meets the County's Right of Way Guidelines of 75 feet of half right of way for a four-lane divided highway. The plat does not meet the County's Access Spacing Guidelines with the individual driveway to CSAH 31. As stated in the review of EAGAN WOODS OFFICE PARK 2' ADDITION, the Plat Commission encourages the City to incorporate backage streets to connect through the back of this development south to Avalon Avenue intersection to provide inter-connectivity and future access for the meets and bounds parcels along CSAH 31. Future reconstruction of CSAH 31 could involve a median from Avalon Avenue to Corporate Center Drive. The Plat Commission does not recommend approval of this plat as submitted. No work shall commence in the County right of way until a permit is obtained from the County Highway Department and no permit will be issued until the plat has been filed. The Plat Commission does not review or approve actual engineering design of proposed accesses and other improvements made in the right of way. The permit process revicws the design :r.1 mwi require canstruction of highway improvements not discussed during plat reviews, including, but not limited to, tum lanes, drainage features,etc. Since;H. e venson Secretary,Plat Commission c: Thomas Hodges, City Administrator Tom Colbert,Public Works Director Delmar Schwan city of eogon PATRICIA E. AWADA Mayor September 9, 1999 PAUL BAKKEN BEA BLOMQUIST Mt. Gary Stevenson PEGGY A.CARLSONSANDRA A. MASIN Secretary, Dakota County Plat Commission Council Members Western Service Center - THOMAS HEDGES 14955 Galaxie Avenue City Administrator Apple Valley,MN 55124-8579 E.J. VAN OVERBEKE City Clerk Re: McNally Addition Final Plat Dear Gary: This letter is in response to the Plat Commission's review of the above-referenced plat. City staff has recently met with the property owners,Brian and Baerbel McNally, to discuss the Commission's comments and how best to respond to them. The McNally's are willing to dedicate the required half right-of-way of 75 feet along Pilot Knob Road(CSAR 31). They have also indicated that they will modify their site plan for their proposed new building to reflect a driveway to the northwest corner of the development for future connection with a possible public street or private drive with easement. This would allow a secondary access to the business if a street or private drive were to become available through future development to the northwest. The McNally's are also planning to dedicate 30 feet of half street right-of-way along the western edge of the property to allow for a possible street extension in conjunction with adjacent development. As there are no immediate development proposals on adjacent parcels that would provide for a backage street, we trust these plat and site plan modifications will satisfy the Plat Commission and allow for their approval of the McNally Addition final plat. Please contact me with any questions you may have on this matter at(651)6814646. Sincerely, ?=-P. Gorder Design/Development Engineer C: Tom Hedges,City Administrator Tom Colbert, Director of Public Works Russ Matthys, City Engineer Mike Ridley, Senior Planner Brian&Baerbel McNally �5 MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY EAGPILOT NNE' Rr�Av THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN PC!N' AAN MI ' 55122.1897 EAGAN,MINNESOTA 55 22 PHONE (651)(58! 46(i0 PHONE (651)681-4300 PAX (651)681 4612 Equal Opportunity Employer FAX (651)681.4360 rnn real,4an a.-, rnn raa1i454.8535 Agenda Information Memo September 21, 1999 Eagan City Council Meeting N ENGAGEMENT LETTER FOR AUDITING SERVICES,KERN, DEWENTER:VIERS,LTD FOR THE YEAR ENDING DECEMBER 31,1999 ACTION TO BE CONSIDERED: To approve the engagement letter with Kern,DeWenter,Viere, Ltd. to provide auditing services for the year ending December 31, 1999. FACTS: • The City exercised the RFP process for auditing services in November and December of 1995 and selected Kern, DeWenter, Viere,Ltd. as independent auditors for the three-year period covering 1995, 1996, and 1997. • The City's policy covering the selection of an independent auditor requires a Request For Proposal process covering a three year period with up to three one year annual extensions, if approved by the City Council. • The proposal being considered covers the second of the one-year extensions. • The proposed fee for auditing services for the year ending 1999 is not to exceed $28,300 which is a$1,000 or 3.7%increase over the 1998 fee of$27,300. • A copy of the proposed engagement letter,which is quite technical,will be made available, if any member of the City Council would like to review it. �� Agenda Information Memo September 21, 1999 Eagan City Council Meeting O. ON-SALE LIQUOR LICENSE FOR SPUR. INC DBA LOST SPUR COUNTRY CLUB ACTION TO BE CONSIDERED: To approve a full on-sale liquor license for Spur Inc. dba Lost Spur Country Club. FACTS: • In order to be open to the public, Spur Inc. dba Lost Spur Country Club,must obtain a regular on-sale liquor license. • The Lost Spur currently possesses a club license,which restricts them to serve to members only. The fee for a club license is less than the fee for an on-sale license. • Spur Inc. has submitted the proper forms and paid the additional fee. • City staff has reviewed the forms and deemed them in order. Following City Council approval, the forms will be submitted to the Minnesota Department of Public Safety/Alcohol and Gambling Division for their approval. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo September 21, 1999 Eagan City Council Meeting P. AMUSEMENT DEVICE LICENSE—REGAL CINEMAS. LOCATED AT 2055 CLIFF ROAD ACTION TO BE CONSIDERED: To approve an amusement device license for Regal Cinemas located at 2055 Cliff Road. FACTS: • The City is in receipt of an amusement device license application from Regal Cinemas for the above referenced location. The application has been reviewed by staff and is in order for consideration by the City Council. ATTACHMENTS: • Application enclosed without page number. Q. TOBACCO LICENSE—KWIK TRIP, LOCATED AT 3145 DODD ROAD ACTION TO BE CONSIDERED: To approve a tobacco sales license for Kwik Trip located at 3145 Dodd Road. FACTS: • The City is in receipt of a tobacco license application from Kwik Trip for the above referenced location. The application has been reviewed by staff and is in order for consideration by the City Council. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo September 21, 1999 Eagan City Council Meeting IL RECOMMENDATION TO PURSUE RECOGNITION AS A "COMMUNITY OF PROMISE" ACTION TO BE CONSIDERED: To approve the recommendation to submit a pledge to become a Minnesota Community of Promise. FACTS: • The League of Minnesota Cities is coordinating the"Communities of Promise" program in conjunction with the Minnesota Alliance with Youth...fufflllingAmerica's Promise, headed by Lieutenant Governor Mae Schunk and co-chaired by Eagan youth Maya Babu. Minnesota Alliance with Youth is a response to America's Promise, the organization directed by General Colin Powell. • To be recognized as a Community of Promise a city must submit a pledge accepting the challenge and the Community Team Roster. Additionally, to be recognized at the national level requires the gathering of some baseline data and an outline of future goals using the Initial Community Plan. • According to the League of Minnesota Cities, the basic philosophy of America's Promise is to offer a framework of five goals to communities in an attempt to help them with their local initiatives. Research has proven these five goals(mentor, protect, nurture, teach/learn, and serve)to be necessary in the lives of youth for them to become healthy adults. • The commitment to youth involvement and improvement programs is consistent with the activities of the National League of Cities, League of Minnesota Cities, and a number of community based programs in the Eagan community. • Eagan resident Maya Babu has been appointed 1999-2000 co-chair of Minnesota Alliance with Youth by Lieutenant Governor Mae Schunk. ATTACffi1EENTS: • Information regarding the Minnesota Community of Promise program is included on pages3O through, Minnesota Alliance with Youth 117 University Avenue•#306 FuMiling AmeicaIs Promise St.Paul,Minnesota 55155-2200 MMnmr ►roan I WAUM I US&AMM sw. tel(651)296-4738 fax(651)282-2411 1-888-234 w -5119 Minnesota Alliance with Youth... ww.mnyouth.ocg Fulling America's Promise Communities of Promise FACT SHEET WHAT is a • A community that involves youth and adults in setting defined objectives around Community of the five goals identified at the Presidents'Summit. Promise? • A community that enlists commitments to achieve those goals from local organizations and institutions in the private,non-profit, and public sectors. WHYshould • To bring together individuals, families, faith communities,government,nonprofits, our community school, and businesses in a supportive, focused fiamework to work with youth. be involved? • To build a new generation of civic leaders. • To connect with America's Promise, the national organization formed after the • Presidents' Summit. HOW does our • Organize an energized, intergenerational team representative of the community. community ♦ Attend one of the regional training conferences or local community forums. become a • Create your vision. Community of • Define your resources. Promise? • Map your community's capabilities and assets to meet your vision. Connect young people with resources. # Develop an action plan and share it with the Minnesota Alliance with Youth...Fu1fi11ingAmerica's Promise. • Monitor and measure results and share them with the Alliance. WHAT • Statewide awareness and promotion of the goals of the Presidents' Summit, RESOURCES America's Promise, and the Minnesota Alliance with Youth. AND • Training around the following areas in the community-biiilding process: SUPPORT sustainability, capacity building,public relations,diversity, and commitments. can our # Tracking, promotion, and celebration of Community of Promise commitments community (Commitments Book). expect from • Leverage of national and state resources in support of Alliance and community theAlliance? goals. • Networking with other Communities of Promise. • Sponsorship of regional gatherings and a statewide Summit. • Ongoing recruitment and training of Communities of Promise. Interactive website, www.mnyouth.org. ♦ Youth Voice,Newsletter. 20 BLANpN FOUNDATION - O V WC>Fr DAYTON'S GENFJ�L M►us &uli!'vtm sRom-mn- m The Pillsbury Company Foundation F O V M D T I O N •II��IY��Iyrryl-� WNfON MIDSDN PfIUMMTIIM Minnesota.Alliance with Youth... Fulling America's Promise 'Vuesaan& and Answers WHAT is the • An intergenerational alliance of stakeholders committed to creating active Minnesota citizen leaders who will help build integrated, safe,and healthy communities. Alliance with • A coordinated, statewide effort to mobilize Minnesota citizens around the five Youth? goals of the Presidents' Summit for America's Future: an ongoing relationship with a caring adult, safe places and structured educational activities during non- school hours, a healthy start and a healthy future,marketable skills through effective education,and an opportunity to give back. WHAT MAKES • The Alliance builds the capacity of communities to effectively connect people IT DIFFERENT and resources to youth. from other ♦ It is a catalyst and a framework that lifts up and supports everyone engaged with efforts? youth. WHY be • Commitment by all segments of the community-individuals, faith involved? communities,government,non-profits, schools, and businesses-is a way to bring a unified approach to everyone engaged with youth. • Helping youth become successful is everyone's responsibility. WHO is involved ♦ Communities across the state. in the Alliance? • Steering Committee members, including representatives of private,public, and non-profit Minnesota organizations and institutions. • Sub-committee members, a diverse representation of state citizens. • Co-chairs Lt.Governor Mae Schunk and Becky Jarvis. WHAT EVENTS ♦ The Kick-Off to this important, three-year effort took place in St. Cloud are planned by October 22, 1997 to bring communities together to begin planning around the the Alliance? five goals. Six regional training opportunities for community teams were held in Duluth, St. Paul, Faribault, Bemidji, Marshall, and Alexandria. . • A statewide Summit was held at the Minneapolis Convention Center on May 28, 1998 with over 1400 people in attendance. • Follow-up activities including trainings,regional gatherings, and state summits will be held at regular intervals through the year 2000 to share best practices, celebrate successes,and enlist the involvement of other communities. HOW do I • Contact your mayor's office,community education director,or other civic become involved? leaders to form a community team, or build on an existing community initiative. • Pledge to be a Community of Promise. • Make a commitment to the five resources. • Call the Alliance at(651)296-4738 or 1-888-234-5119. • Check out our web site: www.mnyouth.org • E-mail us at alliance@state.mn.us • Contact a youth-serving organization in your community to volunteer. 3 / Minnesota Alliance with Youth... Fulfilling America's Promise FACT SHEET Minnesota's The Minnesota Alliance with Youth...Fulfilling America's Promise is Response Minnesota's answer to the call by General Powell and the Presidents' Summit to equip our children and youth with five basic resources. irision Minnesota children and youth will be supported by their families and communities in their personal, social,and educational development. As active citizen leaders,they will help create integrated, safe, and healthy communities. Mission Develop the capacity of Minnesota communities to engage children and youth in reaching their full potential as citizens. Organizational Enlist at least 250 "Communities of Promise" in support of the following Goal program goals by the end of the year 2000. 1. Mentor Increase by 25 percent the number of children and youth who have an ongoing relationshipwith a carie adult, and establish statewide base lines for long and g g short term mentoring in the following categories: individual, team, group, family. 2. Protect Increase by 30 percent the number of children and youth who are actively engaged in out-of-school safe places and programs. 3. Nurture Promote and provide families with information and access to a continuum of programs, services, and other resources to ensure healthy children and youth from birth to 18. 4. Teachl Help students progress from school to the workplace with marketable skills, Learn integrity, responsibility, and the self-motivation necessary for economic self-sufficiency and active citizenship. S. Serve Increase from 200,000 to 250,000 the number of school-age youth in direct service to their communities, and increase by 50 percent the amount of school support for youth engaged in service in partnership with community organizations. Communities All communities who partner with America's Promise and the Minnesota of Promise Alliance with Youth will be designated as"Communities of Promise." Using the framework of the Alliance, each will develop its own goals related to the five basic resources. For more information on how you and your community can help fulfill America's Promise, contact the Minnesota Alliance with Youth at(651)2964738 or www.mnyouth.org. 3a THE COMMUNITY OF PROMISE PLEDGE The community of accepts the challenge to become a Community of Promise. As a Community of Promise, our goal is to ensure that the young people in our community have access to five fundamental resource:an ongoing relationship with a caring aduh;safe places and structured activities during non school hours;a healthy start for a healthy future;marketable and career skills through effective education;and an opportunity to give back through service. We will meet this goal using the following steps in our strategy. 1. We pledge to engage a diverse community team of young people,non-profits,communities of faith, businesses, schools,local officials, etc.This team will move beyond business as usual to ensure that the needs of young people are known and the talents of all in the community are tapped. 2. We pledge to participate in our state regional gatherings and/or to hold our own town/community meetings or similar event, in an overall effort to set goals and develop strategies that will energize and leverage real commitments and spark real change. 3. We pledge to set specific,measurable goals to deliver five fundamental resources to our young people by the end of the year 2000. (America's Promise encourages a target goal of 10 percent of young people, with special emphasis on those in most need. The Minnesota Alliance has set state goals which are stated on the Fact Sheet,with an emphasis on all youth.)We will do this by determining which young people throughout our community lack these five resources,assessing who can contribute what to our young people in a community-wide effort to collect commitments, and finally, setting our overall goal and targets within each of the five resource areas. 4. We pledge to secure local commitments from all sectors in order to reach our goal. In addition, we will coordinate among commitment makers to ensure that the resources are delivered in the most effective and efficient manner to youth most in need. 5. We pledge to designate a single organization or person as a lead point of contact, which will share the progress we are making with our community, other communities, the Minnesota Alliance with youth, and America's Promise. 6. We pledge to consider the role that neighborhood-based hubs such as schools can play to deliver the five resources and reach our goal. 7. We pledge to track local commitments being generated and delivered and provide summary information to Minnesota Alliance with Youth and America's Promise. We will also attempt to track the status of youth with respect to the five fundamental resources using a tool of measure provided by the Minnesota Alliance with Youth, America's Promise, or our own. 8. We pledge to include youth in the leadership of our Community of Promise. Signature of Lead Point of Contact(Adult) Date Address Youth Leadership Representative City,State,Zip Code Lead Point of Contact Phone Number 33 INITIAL TEAM ROSTER Community of Promise Each Community Team Member and Lead Point of Contact(Lead POC)should provide the following information Please be sure to complete the"Affiliation"space to display the variety of perspective and talents on your Team(e.g.,school, business,non-profit,parent,youth,community of faith).For efficient communications between the Minnesota Alliance with Youth, America's Promise,and the teams,we ask the Lead POC to distribute information to the Team.Please return this sheet and any future updates to the NGunesota Alliance with Youth...Fu4rdlixg Amerim's Pron&4 117 University Avenue,St.Paul,MN 55155-2200. Lead POC Signature Affiliation Phone Fax E-mail Address Lead POC Signature Affiliation Phone Fax E-mail Address Lead POC Signature Affiliation Phone Fax E-mail Address Lead POC Signature Affiliation Phone Fax E-mail Address Lead POC Signature Affiliation Phone Fax E-mail Address Lead POC Signature Affiliation Phone Fax E-mail Address Lead POC Signature Affiliation Phone Fax E-mail Address Lead POC Signature Affiliation Phone Fax E-mail Address Lead POC Signature Affiliation Phone Fax E-mail Address Lead POC r Signature Affiliation Phone Fax E-mail Address INITIAL COMMUNITY TEAM PLAN To allow the Minnesota Alliance and America's Promise to become the most effective partners and to share best strategies,we ask that you answer several questions about your goals and approach. Please use extra sheets and submit any appropriate extra material such as mission statements or meeting minutes. L What are some of the needs of the young people in your area with respect to the five fundamental resources of America's Promise and the goals of the Minnesota Alliance with Youth? What are some indicators that reveal the status of your young people with respect to the five fundamental resources?In which areas are you most in need?(Example: Three out of five middle school students in our town do not have a safe place to participate in after-school activities.) 2. Given the needs of young people in your community,what are the initial goals or targets of your team?How will you evaluate your progress?Consider breaking them down by resource area. (Example: We would like to provide dental exams and treatment for 50 children without health insurance,or, We will train and provide 200 additional mentors to the three school systems in our community.) 3. What are your plans for a local town hall, community meeting,or similar event that can gather representatives from all those with a stake in the effort to set goals and deliver more resources to your young people? 4. What is a general time line for accomplishing your goal(s), including the dates, if known, of any events or meetings? 5. What is the commitment-gathering strategy you will use to reach your goal(s)? What are some potential sources for commitments and how can they be delivered?(Example: We would like to use volunteer college students to conduct after-school tutoring in space provided by a local business.) 6. What role can neighborhood-based hubs such as schools, businesses, families,and institutions of faith play in reaching your goals? 7. What are two initial commitments you can secure as a team? 8. How will you bring youth to the table, and work with them to be active citizen leaders? Will youth have an active voice in not only your team building, but also in your plans as a Community of Promise? Please send to Minnesota Alliance with Youth..Fulfi ingAmerica's Promise, 117 University Avenue, Third Floor, St. Paul, MY 55155-22oa 1-888-234-5119 651-296-4738 Fax: 651-282-2411 www.mnyouth.org 39, Agenda Information Memo September 21, 1999 Eagan City Council Meeting S. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL—CITY OF EAGAN ACTION TO BE CONSIDERED: To approve Findings of Facts, Conclusions & Resolution of Denial of the Preliminary Planned Development(Glen Pond Apartments) located on Pilot Knob Road in the SW 1/4 of Section 10. FACTS: • At its regular meeting of September 7, 1999, the City Council denied the Preliminary Planned Development to allow five 60-unit apartment buildings. BACKGROUND/ATTACHMENTS: (1) Findings of Fact, Conclusions&Resolution of Denial, pages 37through.22. 36 612 432 3780 SENT BY: 9-16-99 ; 12:13 ; SEVERSON SHELDON- 651 681 4694;# 2/ 4 BEFORE THE CITY COUNCIL p CITY OF EAGAN,DAKOTA COUNTY, MINNESOTA sl4fe? In Re: Application of Lawrence Wenzel(Glen Pond Apartments)Rezoning to a FINDINGS OF FACT, Preliminary Planned Development. CONCLUSIONS AND RESOLUTION On June 22, 1999 following publication of notice to the public, the Advisory Planning Commission of the City of Eagan conducted a public hearing to consider the application of the Applicant for a Rezoning to a Preliminary Planned Development to allow five 60-unit apartment buildings on property located east of Pilot Knob Road between Maurice Drive and Highsite Drive. The approximate gross land area to be rezoned is 10.94 acres. The Applicant's representative appeared at the public hearing and spoke in favor of the request. During the public hearing, the Advisory Planning Commission received and considered the staff report and citizen input, planning reports and other background information. Following the public hearing the Advisory Planning Commission unanimously failed to recommend approval of the Applicants'request. The Advisory Planning Commission noted in its Minutes that the Applicant's proposal failed to provide the full amount of recreational area that the City requires. Further, the density of 300 units would be 27.4 units per acre which would require a gross land area of 19.13 acres. The Applicant failed to provide the elements of the grading plan beyond the boundary of the property, making it difficult to evaluate the plan's adequacy and its impact on the surrounding properties and streets. The Applicant failed to provide a wetland plan; a tree inventory and tree preservation plan as required by City Code; a landscape plan signed by a registered landscape architect; evidence that the storage space requirement of the City Code was met; and failed to provide a lighting plan. 3? 612 432 3780 SENT BY 9-16-99 ; 12=13 SEVERSON SHELDON- 651 681 4694;# 3/ 4 The matter then came before the Eagan City Council at its July 6, 1999 meet' '��7 8' f� Applicant was present and represented by counsel who made a presentation to the City Council. The matter was continued by agreement of the applicant and the City to the September 7, 1999 City Council Meeting. The matter then came before the Eagan City Council at its September 7, 1999 meeting. The Applicant was again present with counsel. The Applicant conceded that the density of 300 units was too great and that a lesser number would be appropriate. No additional information had been presented by the Applicant to supplement its application. Based upon all the files, records, prior proceedings and input which were presented at the meetings, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The matter of the Rezoning to Preliminary Planned Development (Glen Pond Apartments) for property located east of Pilot Knob Road between Maurice Drive and Highsite Drive is properly before the Eagan City Council. 2. The proposed Glen Pond apartment complex is a proposal to construct five 60-unit apartment buildings on the property. The land in question amounts to approximately 10.94 acres in arca. 3. Based on the unit mix and building design, the minimum lot area required by the City Code would be 19.13 acres. The Applicant's proposal of 300 units on 10.94 acres is 27.4 units per acre. 4. The Applicant's proposal failed to provide the full amount of recreational area that the City requires. Further, the density of 300 units would be 27.4 units per acre which would require a gross land area of 19.13 acres. The Applicant failed to provide the elements of the grading plan beyond the boundary of the property, making it difficult to evaluate the plan's adequacy and its impact on the surrounding properties and streets. The Applicant failed to provide 1) 39 612 432 3780 SENT, BY: 9-16-99 : 12:14 SEVERSON SHELDON 651 681 4694:# 4/ 4 a wetland plan; a tree inventory and tree preservation plan as required by City Code; a landscape plan signed by a registered landscape architect; evidence that the storage space requirement of the City Code was met; and failed to provide a lighting plan. 5. The Applicant has not submitted revised or more detailed development plans to supplement its application. CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. 2. The Applicants' proposal is deficient and does not meet the City's minimum standards for review and that the plans either have not been provided or are not adequate. 3. The density exceeds the maximum density allowed by City Code. 4. By the greater weight of the record and information presented, it was determined by the City Council of the City of Eagan that approval of the Preliminary Planned Development was not warranted. RESOLUTION The City Council of the City of Eagan did resolve on September 7, 1999, that the Applicant's rNuest for Preliminary Planned Development was denied. Dated at Eagan, Minnesota this 21'day of September, 1999. CITY OF EAGAN By: Patricia E. Awada Its: Mayor By: E.J. VanOverbeke Its: City Clerk 3 3,? Agenda Information Memo September 21, 1999, Eagan City Council T. FOOTING AND FOUNDATION PERMIT (NORTHWOOD BUSINESS PARK)—JAMES DEVELOPMENT COMPANY ACTION TO BE CONSIDERED: • To allow the issuance of a footing and foundation permit for Lot 1,Block 1, Northwood Business Park prior to final platting of the property located north of Northwood Parkway at Promenade Avenue. FACTS: • The preliminary subdivision for Northwood Business Park was approved July 20, 1999. • The final subdivision application has been submitted and we are in the process of preparing the development contract and other necessary documents. • As we are nearing winter, issuance of the footing and foundation permit would allow construction of the building to begin, while issuance of full building permits can be withheld until the final subdivision is approved and the final plat recorded. ATTACHMENTS: Location Map,page Letter from applicant,page/.I 1/0 e N 4 \ * IK 0 z i 00 F d b cy as - -=-- -------------------- - — —_----------- cc I I� r I N-• � \•. -�Y � I � !/��,�,/� :• y� � rhe � � - Y� I _'''".. � j. •it��y'°LZ Jnr_t <<� � \ ... 1 'a� I I 1 I e a ii _ 1 _• I � I J •- s I I I / r Ll James Development Company James L.Ostenson 7808 Creekridge Circle, Suite 310 President Bloomington,Minnesota 55439 (612)941-7805 Fax(612)941-7853 pECEIVED DATE: August 31, 1999 SEF D 2 1999 TO: City of Eagan City Council BY: FROM: Jim Ostenson -)LD RE: Northwood Business Park We would like to request an Early Footing and Foundation permit for the office building we are constructing at Northwood Business Park. This will allow us to stay on schedule for delivery of the building during the upcoming winter construction season. Thank you for your kind consideration of this matter. Agenda Information Memo July 6, 1999 U CONTRACT 97-B, FOX FOREST ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 97-B (Fox Forest Addition — Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • The Fox Forest Addition is located on the west side of Lexington Way, north of Diffley Road. This development required the installation of public sanitary sewer and water main which was performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. Y3 Agenda Information Memo September 21, 1999 V. CONTRACT 98-24,BLUE GENTIAN ROAD & BLUE WATER ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 98-24 (Blue Gentian Road and Blue Water Road— Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 98-24 provides for the new construction of the street and utilities for Blue Water Road as outlined and discussed in the feasibility report for Project 746 and a portion of the realigned Blue Gentian Road as presented in the feasibility report for Project 745. • The revisions detailed in the change order address the excavation of substandard in-place earth material below the street subsurface and the replacement with proper fill material. • Muck excavation, common borrow, and the additional common excavation were not included in the initial bid proposal, as they were not expected to be needed. • The poor soil conditions were not indicated by the soil borings taken on site before the plans were designed. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the city. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of$48,581.44 (7.61% of original contract). The associated cost will be the responsibility of the Special Assessments. ATTACHMENTS: Change Order No. 1, pages�through� . SRF No. 0983085 CITY OF EAGAN CONTRACT#. 98-24 CHANGE ORDER #. 1 PROJECT#: 745/746 DATE: September 7 1999 PROJECT NAME: Blue Gentian Road and Blue Water Road PROJECT DESCRIPTION The project consists of site grading, sanitary sewer, water main, storm sewer, curb and gutter, and paving for the road reconstruction and utility installation to serve the Blue Gentian Road and Blue Water Road area. CONTRACTOR: Northdale Construction Company, Inc. 14450 Northdale Boulevard Rogers, MN 55374 ENGINEER: SRF Consulting Group, Inc. One Carlson Parkway, Suite 150 Minneapolis, MN 55447 DESCRIPTION OF CHANGE ORDER WORK This Change Order consists of adding several items of additional work that were either not originally anticipated or omitted from the original scope of the contract plans and specifications. The additional items included common excavation, muck excavation, and common borrow. Change Order No. 1 -2 - September 8, 1999 JUSTIFICATION FORIPURPOSE OF CHANGE ORDER The addition of this Change Order is necessary due to the need to remove unsuitable grading material encountered in the roadway subsurface, and to replace with suitable grading material. Muck excavation, common borrow, and the additional amount of common excavation were not included in the initial bid and were not expected to be needed as soil borings did not report these areas of unsuitable grading material. Had these items been included in the contract quantities, the additional project cost would likely have been equal to the Change Order amount. DESCRIPTION OF WORK ITEMS BLUE WATER ROAD Item No. Description Unit UnitPric Quantit Amount 2105.501 Common Excavation m3 $1.95 4,706 $9,176.70 2105.505 Muck Excavation m3 $5.66 2,264 12,814.24 2105.523 Common Borrow(CV) m3 $3.25 2,264 7.358.00 $29,348.94 BLUE GENTIAN ROAD Item No. Description Unit Unit Price Ouantit Amount 2105.505 Muck Excavation m3 $5.66 1,750 $9,905.00 2105.523 Common Borrow m3 $3.25 2,870 9,327.50 $19,232.50 Total Increase of Change Order No. 1 $48,581.44 CONTRACT STATUS TIMEXOMPLETION DATE AMOUNT Original Contract: April 20, 1999 $638,129.03 Change Order No. 1: September 7, 1999 $ 48,581.44 Subtotal of Previous Change Order: $ 0.00 This Change Order: $ 48,581.44 New Subtotal of All Change Orders $ 48,581.44 Revise Contract $686,710.47 Percent Increase or Decrease for this Change Order to Original Contract Amount: 7.61 % Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: 7.61 % Ll6 Change Order No. 1 - 3 - September 8, 1999 RECOMMENDED FOR APPROVAL By: /Date: 9 ' /3".9S S ulting Gro Inc. By; /Date: 3 Northdale Construction Fompany, Inc. By; /` t—tt� /Date: 9 l f Co A � City Department Manager City of Eagan Council Action: Mayor: Clerk: Approval Date: DISTRIBUTION 1 —City 2 —Contractor 3 —Engineer Agenda Information Memo September 21, 1999 W. CONTRACT 99-06, DUCKWOOD ESTATES/DUCKWOOD TRAIL STREET REHABILITATION ACTION TO BE CONSIDERED: To approve the final payment for Contract 99-06 (Duckwood Estates/ Duckwood Trail — Street Rehabilitation) in the amount of $9,110.51 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 99-06 provided for the bituminous resurfacing of Duckwood Trail from Lexington Avenue to Duckwood Drive as well as the bituminous overlay of the streets within the Duckwood Estates neighborhood located north of Duckwood Drive and east of Denmark Avenue. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 9 Agenda Information Memo September 21, 1999 X. OLD SIBLEY MEMORIAL HIGHWAY RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: To schedule a public hearing to be held on October 19, 1999 to vacate public street right-of-way on Old Sibley Memorial Highway. FACTS: • On August 4, 1999, City staff received a petition from John J. Young requesting the vacation of 41 feet of an 81-foot wide street right-of-way of Old Sibley Memorial Highway adjacent to Parcel 013-56, Section 19. • This vacation is requested to allow for the possible development of the property and provide a more uniform right-of-way width with adjacent properties. • On August 17, 1999 the City Council received the petition for this vacation, but delayed the scheduling of the public hearing until after the approval of the redevelopment study of the Cedar Avenue/Highway 13 area. • On September 7, 1999 the City Council approved a recommendation from the Cedar Avenue and Highway 13 Redevelopment Task Force to remove properties in the southwest quadrant of the Highway 77/ Highway 13 interchange from the interim ordinance (moratorium) established in May, 1999. • Parcel 013-56, Section 19 and Old Sibley Memorial Highway right-of-way are located within the area removed from the redevelopment study area. Therefore, it would be appropriate to schedule the public hearing on this vacation request. • This application will be reviewed by staff and sent to all potentially interested/affected parties for their information. Any concerns received will be presented to the Council for their consideration at the time of the Public Hearing. ATTACHMENTS: • Legal Description, graphic,pages,0 through . • Location Map, page_5a. 1 PROPERTY DESCRIPTION That portion of the Southwest Quarter of the Southwest Quarter of Section 19, Township 27, Range 23 lying northwesterly of the new Trunk Highway 13, as described in final certificate filed in Book 62 of Miscellaneous Records on Page 19, except that part thereof contained within Minnesota Department of Transportation Right of Way Plat No. 19-5, according to the Government Survey thereof, Dakota County, Minnesota. LEGAL DESCRIPTION OF TRUNK HIGHWAY 13 PREVIOUSLY VACATED That part of the Southwest Quarter of the Southwest Quarter of Section 19,Township 27,Range 23,Dakota County, Minnesota described as follows: Commencing at the northwest comer of said Southwest Quarter of the Southwest Quarter;thence on an assumed bearing of South 89 degrees 11 minutes 42 seconds East, along the North line of said Southwest Quarter of the Southwest Quarter, a distance of 246.80 feet to the easterly line of Minnesota Department of Transportation Right of Way Plat No. 19-5;thence South 40 degrees 29 minutes 12 seconds East, along said eastery line, a distance of 154.70 feet to the point of beginning of the land to be described; thence South 13 degrees 30 minutes 08 seconds West a distance of 211.04 feet to a point distant 40.00 feet northwesterly of the centerline of Trunk Highway No. 13;thence North 33 degrees 35 minutes 49 seconds East,parallel to and 40.00 feet northwesterly of said centerline, a distance of 223.51 feet; thence northeasterly a distance of 161.13 feet, parallel to and distant 40.00 feet northwesterly of said centerline,along a tangential curve concave to the southeast having a radius of 5769.58 feet and a central angle of 1 degree 36 minutes 01 seconds to said North line of the Southwest Quarter of the Southwest Quarter;thence North 89 degrees 11 minutes 42 seconds West, along said North line of the Southwest Quarter of the Southwest Quarter, a distance of 87.61 to a point distant 112.50 feet northwesterly of said centerline of Trunk Highway No. 13;thence southwesterly a distance of 113.67 feet,parallel to and distant 112.50 feet northwesterly of said centerline, along a non-tangential curve concave to the southeast having a radius of 5842.08 feet,a central angle of 1 degree 06 minutes 53 seconds and a chord which bears South 34 degrees 09 minutes 16 seconds West; thence South 33 degrees 35 minutes 49 seconds West, tangent to the last described curve, parallel to and 112.50 feet northwesterly of said centerline,a distance of 25.32 feet to the point of beginning and there terminating. LEGAL DESCRIPTION OF ADDITIONAL HIGHWAY TO BE VACATED That part of the Southwest Quarter of the Southwest Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the northwest comer of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 42 seconds East, along the North line of said Southwest Quarter of.the Southwest Quarter, a distance of 246.80 feet to the easterly line of Minnesota Department of Transportation Right of Way Plat No. 19-5; thence South 40 degrees 29 minutes 12 seconds East, along said easterly line, a distance of 154.70 feet; thence South 13 degrees 30 minutes 08 seconds West a distance of 211.04 feet to the point of beginning of the land to be described; thence continuing South 13 degrees 30 minutes 08 seconds West a distance of 119.33 feet; thence North 33 degrees 35 minutes 49 seconds East a distance of 335.56 feet; thence northeasterly a distance of 188.10 feet along a tangential curve concave to the southeast having a radius of 5728.58 feet and a central angle of 1 degree 52 minutes 58 seconds to the North line of said Southwest Quarter of the Southwest Quarter of Section 19; thence North 89 degrees 11 minutes 42 seconds West, along said North line, a distance of 49.77 feet; thence southwesterly a distance of 161.13 feet along a non- tangential curve concave to the southeast having a radius of 5769.58 feet, a central angle of 1 degree 36 minutes 01 seconds and the chord of said curve bears South 34 degrees 23 minutes 49 seconds West; thence South 33 degrees 35 minutes 49 seconds West, tangent to said curve, a distance of 223.51 feet to the point of beginning. �O r7 mill ! yi a -I .. 2il 11t is X �g�9 � ')�� •'j� '�!�i � ��'� Dia �� •1� ,�a �,;•� to }��-� •�_ �y D� I ail JimQC_ LU 111 h o� w =s••e V �s LL I uj ZV :•::: Opti e r i >rOZ�•Ips '• •' •:Y I ' al ' ,may �•': :; •: .. �FFFh�.� 11 j zt M. 2 Of {. a o, ti�y�{ fry \� \\ ^�.sos��f�s V W e� s =' �pp ! , s HAZEL RD. �O 3800 I— SILVER BELL I J 73 OR�PL I w NEM 0 W Z W 5�9�� ' GOLD Z 1 PT. m I F, GOLD Q- WOODHAV PAFtP I o 40 CQ 89 R°Po i z 3 4000o k ow STONE Z, y Q J SIBLEY ; p CgRN O.� LN. m uj (" CT. LJ WLLJ a qOF A ELI o S�R�PSAPP IREU 2 �� GOO`l� fM fRgC4„ N JADE LANE 2. V o C,qR 0 a Op 3. CEDARZ �N k POND ARK o 6 ZIRCON LN. 12 ��C�SEG Cr. 64 J DIFFLEY RD. CORAL LN. o e HIPMUNK CT. 65 J W z W W TIMBER o N zz �. z N BER 00 zo rl R GLORY DR. CT. _+ 2 BADGER 11 I (�,('�'�qRo B PROPOSED VACATION SECTION 19 4 U\ city of eagan PUBLIC LOCATION MAP K ga WORKS DEPARTMEN Agenda Information Memo September 21, 1999 Y. OLD SIBLEY MEMORIAL HIGHWAY RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: To schedule a public hearing to be held on October 19, 1999 to vacate public street right-of-way on Old Sibley Memorial Highway. FACTS: • On May 3, 1999, City staff received a petition from Gregory L. Preusse requesting the vacation of public street right-of-way of Old Sibley Memorial Highway adjacent to Parcels 017-50 and 010-52, Section 19 (proposed to be developed as the Preusse 2"a Addition). • This vacation is requested to allow for the possible development of the property and provide a more uniform right-of-way width with adjacent properties. • On May 18, 1999 the City Council received the petition for this vacation, but delayed the scheduling of the public hearing until after the approval of the redevelopment study of the Cedar Avenue/Highway 13 area. • On September 7, 1999 the City Council approved a recommendation from the Cedar Avenue and Highway 13 Redevelopment Task Force to remove properties in the southwest quadrant of the Highway 77/ Highway 13 interchange from the interim ordinance (moratorium) established in May, 1999. • Parcels 017-50 and 010-52, Section 19 and Old Sibley Memorial Highway right-of-way are located within the area removed from the redevelopment study area. Therefore, it would be appropriate to schedule the public hearing on this vacation request. • This application will be reviewed by staff and sent to all potentially interested/affected parties for their information. Any concerns received will be presented to the Council for their consideration at the time of the Public Hearing. ATTACHMENTS: • Legal Description, graphic, pages SY—through • Location Map,page S3 LEGAL DESCRIPTION All that part of the North Half of the Southwest Quarter of Section 19, Township 27, Range 23 West, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said Southwest Quarter;thence on a bearing of South along the east line of said Southwest Quarter of Section 19, a distance of 337.20 feet to the north right-of-way line of Old Sibley Memorial Highway, formerly known as Old State Highway No. 13;thence South 55 degrees 09 minutes 00 seconds West along said northerly right-of-way line, a distance of 1318.60 feet, thence continuing South 55 degrees 09 minutes 00 seconds West along said northerly right-of-way line, a distance of 206.28 feet; thence continuing along said northerly right-of-way line, a distance 158.72 feet, along a tangential curve, concave to the northwest, having a central angle of 02 degrees 08 minutes 36 seconds and a radius of 4242.80 feet; thence North 34 degrees 51 minutes 00 seconds West, a distance of 288.00 feet;thence North 41 degrees 57 minutes 00 seconds East, a distance of 374.00 feet; thence South 34 degrees 58 minutes 56 seconds East, a distance of 2.94 feet to the southerly right of line of Old State Trunk Highway No. 13 per Book 62,Page 27 of Misc. Records and the point of beginning; thence North 34 degrees 58 minutes 56 seconds West, a distance of 2.94 feet; thence North 46 degrees 15 minutes 49 seconds West, a distance of 66.62 feet to the intersection with a line lying 120.50 feet southerly of, as measured at right angles to and parallel with the centerline of Old State Trunk Highway No. 13, as described in Bk. 62, Page 27 of Misc. Records;thence southwesterly, along said parallel line, a distance of 717.61 feet, along a nontangential curve, concave to the southeast, having a central angle of 07 degrees 19 minutes 49 seconds, a radius of 5609.08 feet and a chord bearing of South 40 degrees 04 minutes 17 seconds West; thence South 53 degrees 35 minutes 38 seconds East, nontangent to said curve, a distance of 29.50 feet to said southerly right-of-way line of Old State Trunk Highway No. 13;thence northerly along said southerly right of way line to the point of beginning. PREUSSES 2ND ADDITION s tet • < .......... H- -1---------- 1�J, lF, 0-0 5 oz. ........ 18\ .0cl, V 6- • ----- --------------------------- ................ 391.n AREA.246,242 SF PROPOSED VACATION city of eagan PUBLIC PROPOSED RIGHT-OF-WAY VACATION r.� WORKS �s DEPARTMEN I O J` HAZEL ��S' p RD. ll O 3800 I` -- _ SILVER BELL I aq �3 OR�� J Cr W I uj NES 0 I a N GOLD Z o� P PT. g � G a 13 �F- GOLD 2- �� WOODHAV 40 o 0 i — �J O O c va- 0 0: 89 �`O Z 4000 _ J=am o STONE J �N �Q SIBLEY 3 0 C' fC� O� LN. m Z CT. ui � W Z a qpF O CA ELI o SAPP IREU fM 42 �H JADE LANE 2- < oCr Op 0 3. CEDARo POND 5 ZIRCON LN. G�ENFIELO ARK °F Cr 0 64 12 J DIFF EY RD. o CORAL LN. o HIPMUNK CT. uj 65 =j cc uj m Z p z N. 7IMBER O20 N N O BER uj o o T/ t\ GLORY DR. �—��MgRc J N BADGER PROPOSED VACATION SECTION 19 city of eagan rmwMPUBLIC LOCATION MAP uw WORKS s,6 DEPARTMEN Agenda Information Memo .September 21, 1999 Eagan City Council Meeting Z. RESIGNATION. SOLID WASTE ABATEMENT COMMSSION ACTION TO BE CONSIDERED: Accept resignation of Susan Bast from the Solid Waste Abatement Commission and authorize staff to advertise the opening in the local media. FACTS: • Susan Bast has notified staff that she will no longer be serving as a resident representative to the commission. • Ms. Bast's term was to expire January, 2002. • Currently, there is no alternate on the commission who would be able to fill this position; therefore, it is being recommended to advertise the opening in the local media. ATTACHMENTS: • Enclosed on page is a copy of a letter of resignation from Commissioner Bast. Sue Bast 3665 Blackhawk Rd Eagan, MN 55122 September 16, 1999 Joanna Foote 3830 Pilot Knob Rd Eagan, MN 55122 Dear Joanna, Please accept my resignation from the Eagan Advisory Solid Waste Abatement Commission. Time commitments to my family and educational interests prevent me from continuing to participate on the commission. I have enjoyed working with you and the members of the Commission. City staff was helpful and well prepared for the meetings and it was rewarding to be a part of productive discussions with the other members of the Commission. I wish you and the members of the Commission success in the future and I look forward to seeing the outcomes of the Commission's work. If I can be of any assistance on specific issues give me a call. Thank you again for your understanding and please let the members know that as a citizen of Eagan I appreciate the time they give to this Commission. Sincerely, G� Sue Bast Cc: Rick Patraw, Chair S� Agenda Information Memo September 21, 1999 Eagan City Council Meeting AA. 2000 LANDFILL ABATEMENT GRANT FUNDING APPLICATION ACTION TO BE CONSIDERED: To approve the annual landfill abatement grant funding application for 2000. FACTS: • Based on an allocation formula of$1.60 per household plus a$5,000 base amount, Eagan is eligible for $40,970. The entire amount will be used to support Eagan's recycling program and waste abatement activities. The focus for the year 2000 will be on waste (source) reduction, reusability and purchasing materials made from recycled product. The application outlines how the funds will be utilized and the work plan anticipated for 2000. ATTACHMENTS: • Landfill Abatement Grant Funding application enclosed on pages—40, through Sq 2000 Dakota County Landfill Abatement Community Funding Guidelines & Application Form Funding Period: January 1 - December 31, 2000 Application Due Date: October 1,1999 6�e4 05�; C O U N T Y 0� Dakota County, Physical Development Division Environmental Management Department, August, 1999 60 2000 DAKOTA COUNTY LANDFILL ABATEMENT COMMUNITY FUNDING GUIDELINES AND APPLICATION FORM BACKGROUND The Dakota County Board of Commissioners has provided landfill abatement funding assistance to communities in Dakota County since 1989. Dakota County Board Resolution No. 88-651 states that the County's portion of funding of recycling implementation and operating costs incurred by cities and townships will be through performance-based funding. These Guidelines are consistent with the 2000 Waste Abatement Community Funding Plan approved by the Dakota County Board of Commissioners on August 17, 1999 (Resolution# 99-459). Landfill abatement assistance to communities is contingent upon available funds. Contents Section Title Page I. Base Fund 3 A. Application and Revision B. Funding Allocation C. Eligible Expenses D. Reimbursement II. Container Fund 4 A. Application B. Funding Allocation and Eligible Expenses C. Disbursement III. Sustainable Environment Grants 5 A. Application, Funding Allocation and Eligible Expenses B. Reimbursement IV. Community Responsibilities 5 A. Evaluation Criteria B. Adjustments C. Progress Report D. Annual Report Attachment Title Attachment A: Application Form - Base Fund—Administration and Education 8 Attachment B: Application Form- Container Fund (Optional) 12 Attachment C: Application Form -Sustainable Environment Grants (Optional) 13 Attachment D: Annual Report Form 15 6/ SECTION I. BASE FUND 2 A. Application and Revision Procedure for Base Fund 1. Application for Base Fund (Attachment A and Official Resolution/Proceedings) Applications for the Base Fund must be submitted by October 1, 1999. Applications will consist of a completed Attachment A(Application Form)and an Official Resolution/Proceedings (the official action from the governing body requesting the funding allocation or a certified copy of the official proceedings). 2. Revisions to Base Fund If a community has substantial changes to the original request for funding, a community shall submit its revisions in writing prior to implementation for approval by the County. 3. Electronic Versions On-line or disc versions of these Guidelines are available from the County upon request. B. Funding Allocation The 2000 maximum reimbursement amounts by community are listed below. Housing counts (1998) are based on Metropolitan Council estimates released June 1999. 1. Formula and Amounts for Communities over 5,000 population Communities over 5,000 population are eligible to receive a $5,000 base per community plus $1.60 per household, based on 1998 household estimates. 2000 FUNDING SCHEDULE (For communities over 5.000 population) (1998 Housing Counts expected shortly from the Metropolitan Council) City 1998 Housing Count 2000 Landfill Abatement Base Fund Apple Valley 14,786 $28,658 Burnsville 22,661 $41,258 Eagan 22,481 $40,970 Farmington 3,656 $ 10,850 Hastings 6 372 $ 15,195 Inver Grove Heights 10,439 $21,702 Lakeville 12,282 $24,651 Mendota Heights 3,860 $ 11,176 Rosemount 4,278 $ 11,619 Rural Solid Waste Commission 5,354 $ 13,378 South St. Paul 8,079 $ 17,899 West St. Paul 8,682 $ 18,832 2. Formula and Amounts for Communities under 5,000 population Communities under 5,000 population are eligible to receive a $500 base per community plus $1.60 per household, based on 1998 household estimates. 2000 FUNDING SCHEDULE (Under 5.000 Population) City 1998 Housing Count 2000 Landfill Abatement Base Fund Lilydale 420 $ 1,172 Mendota 71 $ 614 Sunfish Lake 166 $ 762 Dakota County Total 123,587 $259,239 C. Eligible Expenses 1. Eligible Administrative Expenses 3 Administrative expenses are the salary and benefits of personnel only while working directly, part-time or full- time, on the planning, implementing, and promoting of eligible programs and include mileage for reasonable use of personal vehicles. The salaries, benefits, and mileage for consultant services/temporary help are eligible administrative expenses with prior approval from County staff if related to solid waste abatement activities. Computer software, subscriptions, memberships, dues, and training, (not including out-of-state travel or lodging) are eligible expenses if related to solid waste abatement activities. 2. Eligible Promotional/Educational/Capital Expenses (Base Fund) Eligible promotional/educational/capital expenses are the costs of design, production and distribution for flyers, brochures, newsletter articles, posters, advertisements, videos, billboards, promotional items (pencils, magnets, etc.) necessary to promote recycling/reduction programs. Cost of capital and operational expenses for items currently banned from the landfill are not eligible. If you have a question, please contact the Environmental Management Department. Activities include, but are not limited to: • Commercial recycling/reduction education • Residential recycling/reduction education • HHW disposal/recycling/reduction education • Residential recycling education for community clean up days • The percentage of the cost of a municipal newsletter or ads devoted to recycling/reduction information • Special Events (displays, performance fees) • Backyard composting education and bins • Residential recycling containers and related needs • County approved multi-family and commercial recycling containers and related needs • School/community/parks recycling containers • Yardwaste reduction education • Evaluation on effectiveness, efficiency, and responsiveness of landfill abatement programs Community public education material shall credit the Dakota County Board of Commissioners and the Minnesota Office of Environmental Assistance (OEA) as funding sources. D. Reimbursement The municipality may spend funds on waste abatement activities only. Communities with an approved Application Form (Attachment A) and Annual Report(Attachment D)from the previous year will receive 100% of net eligible costs which will be distributed in one installment. Net eligible costs are project costs after deducting other grants received for the project, and any other revenues, including the sale of recyclable materials. Dakota County will make payments by February 28, 2000, if a Joint Powers Agreement is completed. SECTION II. CONTAINER FUND (Optional) A. Application Procedure for Container Fund Attachment B (Container Fund Application)must be submitted by October 1, 1999. Communities should indicate the number of containers required and the City Administrator or Manager must sign the application form. B. Funding Allocation and Eligible Expenses The maximum amount available in the Container Fund is $25,000 in 2000. Communities apply once a year and will be required to arrange for and fund container storage and distribution. The County will place a priority on new growth areas. Two types of containers are allowed as an eligible expense from this fund: containers for curbside residential recycling, and containers for multi-family recycling. Staff will give priority to requests for curbside recycling containers. Communities will provide multi-family containers only to units upon agreement between building owners or managers and the City. Communities will distribute multi-family containers in coordination with informational meetings for residents. If you have a question about an eligible expense, please contact the Environmental Management Department. C. Disbursement of Containers A63 4 The County will purchase containers after determining the total number required in 2000 and will distribute containers to identified community storage locations after January 1, 2000. SECTION III. SUSTAINABLE ENVIRONMENT GRANTS (OPTIONAL) A. Application Procedure, Funding Allocation and Eligible Expenses Communities must submit applications by September 1, 2000 and the City Administrator or Manager must sign the application form. Funds must be used for projects that expand, enhance or improve existing programs and result in increased amounts of materials collected or additional types of materials collected. Sustainable Environment Grants are available on a first come first serve basis after approval of the Environmental Management Director. The total amount available to all communities is $40,000 and no single community may receive more than $10,000. Residential recycling containers are not an eligible expense. A partial list of eligible expenses include: • Additional solid waste abatement educational opportunities • Salary, benefits, and mileage of personnel working directly, part-time or full-time are eligible expenses • The salaries, benefits, and mileage for consultant services/temporary help are eligible administrative expenses with prior approval from County staff if related to the sustainable environmental grant activities • Commercial recycling capital costs, education and special events • Multi-Family education • Recycling Drop Off equipment/subsidy for recyclable materials neither collected at the curb nor banned • Material Exchanges • Industrial Waste Abatement • Matching funds for other related grants such as the OEA grant program • Projects which provide examples of government leadership • Projects which demonstrate innovation in solid waste education • Source-separated organic composting • Organized collection • Other projects with prior approval of County staff If you have a question about an eligible expense, please contact the Environmental Management Department. B. Reimbursement Communities will receive payment of the amount requested after supplying a written report at the conclusion of the Innovation Fund project and submitting documentation of expenditures. Communities must expend the funds by December 31, 2000 unless prior approval is received from the Environmental Management Department, and submit a report by January 31, 2001. Net eligible costs are project costs after deducting other grants received for the project, and any other revenues, including the sale of recyclable materials, or cost savings. SECTION IV. COMMUNITY RESPONSIBILITIES Community performance will be evaluated based on each community's 2000 Annual Report and a community's achievement of the criteria below. The County may adjust payments to a community in the following year based on the evaluation of its performance for the current year. Dakota County reserves the right to request documentation for information submitted. A. Responsibilities for Communities Communities are responsible for maintaining the level of service outlined in the Dakota County Solid Waste Master Plan (as amended)and maintain a Targeted Community Program that includes at least bi-weekly recyclables collection for single family and multi-family households using a recycling container. The Targeted Community Program requires collection of the following recyclables: newspaper, corrugated cardboard, residential office paper, magazines, cans (food & beverage), plastic containers with a neck, and three colors of glass. If a community does not maintain the above level of service, the County will accept the responsibility for community recycling programs �J Y 5 and will assess the residents of the community for costs incurred (including the County's administrative, monitoring, and public education costs). Other community responsibilities are divided into three areas (Recycling Operations, Solid Waste Education, and Government Leadership)and depend upon the size of the community. 1. Communities over 5.000 population Evaluation of a community's performance also is determined by the following criteria: a. Recycling Operations Responsibilities (28 Points Total ) Existing Mandates (community must complete all) - (7 Points Each ) 1. Promote implementation of policies that comply with the State law that requires all residences have waste collection service 2. Attain a level of residential waste stream recycling that supports a 50% recycling goal for the County. 3. Assure recycling service in all multi-family buildings that includes all recyclables collected through the curbside collection program. 4. Continue the curbside recycling of the following materials: newspaper, magazines, mixed mail, corrugated cardboard, steel/aluminum cans, glass containers, and plastic containers with a neck. b. Solid Waste Education Responsibilities (48 Points Total ) 1. Made ore,sentation to city employees. 2. Made Dresentation. 3. Made presentation. 4. Made Dresentation. 5. Made resentation. 6. Made mesentation. 7. Made Dresentation. 8. S onsored a community event for Earth Da if attended by over 100 eo le-counts as two). 9. S onsored a community event for America Recycles Da if attended by over 100 oeogle-counts as two). 10. Sponsored a community event for Pollution Prevention Week (if attended by over 100 people-counts as two). 11. Sponsored a community event for OEA's Source Reduction Campaign (if attended by over 100 people - counts two). 12. Sponsored a community event for other County-approved campaign ( if attended by over 100 people- counts as two). 13. Produced a written communication distributed at least once per year to every household, including multi- Ifamilv buldinas. 14. Produced a written communication distributed at least once per year to every household, including multi- Ifamily buldin s. Cate o B (communitV must complete all - 4 Points Each 15. Annual targeted public education topic/County-developed materials for distribution by communities: 16. Produced and distributed one written communication piece to each household, including multi-family buildin s. 17. Active) artici ate at and contribute to monthly Local Solid Waste Staff meetings. 18. Continue to evaluate the effectiveness of community activities. 19. Support and promote Dakota County's integrated solid waste management proqram. 6 � 6 C. Government Leadership Responsibilities (24 Points Total ) NEW Responsibilities for Improvement(community choice of one annually)—(8 Points) 1. Increase the amount of products purchased that are made with post-consumer recycled materials 2 Incorporate sustainable building practices into the deconstruction, construction or remodeling of public facilities. 3. Decrease the toxic/hazardous character and amount of chemicals used 4. Decrease the amount of waste and recyclables generated on a per employee basis. 5. Initiate and maintain a vermiculture program 6. Increase eco-printing techniques in community publications and documents on an ongoing basis. 7 Increase the reduction, reuse or recycling opportunities of MSW generated from community facility o erations. Continuation of Existing Mandates (community must complete all listed )—(8 Points Each) 8. Manage waste from its facilities as outlined in the Regional/Dakota County Solid Waste Master Plan. 9 Ensure that recycling programs are established for all facilities under its control and that at least four broad types of materials are recycled (existing State law). 2. Communities under 5.000 population The evaluation of communities with under 5,000 households (Lilydale, Mendota, Sunfish Lake, and the RSWC) is determined by the following criteria: Continuation of Existing Mandates(community must complete all listed)—(40 Points for item one,20 Points for item two and 8 Points each for all other items) 1. Produce and distribute a minimum of written communication piece to each household (including units in multi-family buildings (40 Points). 2. Bi-monthly contact with County staff(20 Points). 3. Assure recycling service in all multi-family buildings that includes all recyclables collected through the curbside collection program ( 8 Points) 4. Continue the curbside recycling of the following materials: newspaper, magazines, mixed mail, corrugated cardboard, steel/aluminum cans, glass containers, and plastic containers with a neck (8 Points). 5. Attain a level of residential waste stream recycling that supports a 50% recycling goal for the County (8 Points). 6. Promote implementation of policies that comply with the State law that requires all residences to have waste collection service (8 Points). 7. Support and promote Dakota County's integrated solid waste management program ( 8 Points). D. Adjustments Adjustments to community payments will be based upon the following Performance-Based Funding Schedule: 50 points = 50% of net eligible costs reimbursed 51 -75 points = 75% of net eligible costs reimbursed 76—90 points = 90% of net eligible costs reimbursed 91 — 100 points = 100% of net eligible costs reimbursed E. Annual Report Communities must submit an Annual Report (Attachment D) to the County by February 15, 2001. Communities will be asked to return funds to Dakota County if expenditures or activities were not consistent with these Guidelines. 60/ ATTACHMENT A 2000 COMMUNITY LANDFILL ABATEMENT APPLICATION FOR BASE FUND Program Period: January 1. 2000 through December 31, 2000 City/Township: City of Eagan_ Population (1998): 62,000 Number of Households (1998): 22,481_ Date Submitted: _October 1, 1999 Amount of Funds Applied for: _$40,970_ Address:-3830 Pilot Knob Road, Eagan, MN 55122 E-mail Address: JFOOTE@CITYOFEAGAN.COM Contact: Joanna Foote, Communication/Recycling Coord. Phone Number: (651)681-4604 Fax Number: (651)681-4612 Attach a copy of the Official Resolution/Proceedings(an official action from the governing body requesting the funding allocation or a certified copy of the official proceedings). I. Description of Program for 2000-Provide a summary of proposed activities for 2000 in each of the following areas. A. Recycling Operations i. Curbside recycling operations - Describe your community's curbside recycling operations. Communities are responsible for maintaining a Targeted Community Program that includes at least bi-weekly recyclables collection for single family and multi-family households using a recycling container. The Targeted Community Program requires collection of the following recyclables: newspaper, corrugated cardboard, residential office paper, magazines, cans (food & beverage), plastic containers with a neck, and three colors of glass. Eagan maintains a weekly curbside pick-up recycling program with six targeted recyclable material groups including:newspaper, corrugated cardboard,residential office paper&magazines,cans(food&beverage),plastic containers with a neck,and three colors of glass. All multi-family housing is required by ordinance to provide these same recycling opertunities. Recycling containers are provided to each household. ii. Drop-offs-List the operators,addresses,days/hours of operation,and materials collected at drop-off centers located in the community. a. Operator: Cub Foods Address: Cliff Lake Road, Eagan Hours: same as store hours Materials collected: plastic(LDPE)and paper bags and Telephone Directories b. Operator: Rainbow Foods Address: Town Center Drive,Eagan Hours: same as store hours 8 Materials collected: Plastic(LDPE) bags c. Operator: Dakota County Eco Site Address: 3365 S. Hwy 149, Eagan Hours: Wednesday through Saturdays (various) Materials collected: Aluminum Fiol, Aluminum Cans, Tin/steel Cans, Corrugated Cardboard, Glass Bottles & Jars, Magazines & Catalogues, Mixed Mail, Newspaper, Office Paper, Packing Peanuts, Empty Paint & Aerisol Cans, Plastic Bottles with a neck, Scrap Metal and Telephone Books (seasonally). iii. Waste collection service reauirement- Describe proposed efforts to promote implementation of policies that require all residences have waste collection service. City'Ordinance requires that all households have a weekly waste service or an approved waste management plan. All waste haulers are required to offer/provide recycling services. B. Solid Waste Education Describe your community's public educational/promotional activities proposed for 2000. For each item indicated in the following checklist, please describe the activity. Category A(community must choose at least seven activities) Check Items �1 1. Make Presentation to City Employees. The recycling division provides recycling collection equipment for each public and work/office area. Regular information is posted and circulated regarding item separation and collection. Miscellaneous collections are undertaken for telephone books, reusable paper and other reusable items. Information regarding source reduction and recycling is provided in quarterly employee newsletters and via e-mail updates. Extra emphasis is given to employee waste reduction functions near Earth Day and during P-2 week. Purchasing inventories are conducted regularly to provide better source reduction/recycled content option information. 2. Make Presentation. Staff generally makes between 5-20 classroom presentations annually 3. Make Presentation. " 4. Make Presentation. 5. Make Presentation. 6. Make Presentation. 7. Make Presentation. " 8. Sponsor a community event for Earth day(if attended by over 100 people—counts as two). Eagan hosts and annual �l Earth Day event which is generally attended by nearly 400 individuals. 9. Sponsor a community event for America Recycles Day(if attended by over 100 people—counts as two). Eagan staff �1 will be working with the new Eagan Home Depot to spotlight recycled content products available and possib/ey �1 on an activity at that location. 10. Sponsor a community event for Pollution Prevention Week(if attended by over 100 people—counts as two). 11. Sponsor a community event for OEA's Source Reduction Campaign (if attended by over 100 people—counts as two). 12. Sponsor a community event for other County-approved campaign (if attended by over 100 people—counts as two). 13. Produce a written communication distributed at least once per year to every household, including multi-family buildings. �l The City will produce at least four resident newsletters including recycling/source reduction/problem materials disposal information for all residents. 14. Produce a written communication distributed at least once per year to every household, including multi-family buildings. �l Eagan Staff will produce one independent informational/educational piece and distribute it to all residents. Category B(community must complete all) I Check Items Distribute County-developed materials for annual targeted public education topic. Topic to be selected by the County, 89 SWMAC, and the communities. Produce and distribute one written communication piece to each household, including multi-family buildings. Actively participate at and contribute to monthly Local Solid Waste Staff meetings. �l Continue to evaluate the effectiveness of community activities. �l Support and promote Dakota County's integrated solid waste management program. C. Governmental Leadership Describe governmental leadership activities proposed for 2000. For each item indicated in the following checklist, please describe the activity and submit examples of the work. Category A Check One �I 1. Increase the amount of products purchased that are made with post-consumer recycled materials. �l Continue to evaluate office products utilized within City operations and continue to purchase products made from recycled content. 2. Incorporate sustainable building practices into the deconstruction,construction,or remodeling of public facilities. �1 3. Decrease the toxic/hazardous character and amount of chemicals used. Will increase monitoring of non-office �l products to lower toxicity and increase recyclability/reusability. 4. Decrease the amount of waste and recyclables generated on a per employee basis. Will continue to monitor waste 1I generated and decrease waste where possible. Further encourage paperless offices, etc. 5. Initiate and maintain a vermiculture program. 6. Increase eco-printing techniques in community publications and documents on an on-going basis. Will continue to �l give bid preference to Eco-printers and encourage printers utilized to become Eco-printers. 7. Increase the reduction, reuse, or recycling opportunities for MSW generated from community facility operations. Will continue to monitor facilities and provide set-up/equipment opportunities as new facilities are added. Category B I Check Items �1 8. Manage waste from its facilities as outlined in the Regional/Dakota County Solid Waste Master Plan. Will continue �I to ensure that waste from municipal facilities is processed and/or managed appropriately. 9. Ensure that recycling programs are established for all facilities under its control and that at least four broad types of �1 materials are recycled (existing State law). Will continue to monitor facilities and provide set-up/equipment opportunities as necessary. Will ensure these opportunities are available throughout City facilities. II. Work Plan Provide a work plan for 2000 that lists the specific development objectives to be met by the following dates: See Above III. Evaluation Method Describe the evaluation method to be used in 2000 to measure the effectiveness of your community's landfill abatement program The specific method and target for evaluation will be determined following discussion and planning by the Eagan Solid Waste Abatement Commission and City Staff. Evaluation will be completed within the year 2000. V. Budget-Base Fund-January 1,2000 to December 31,2000 6Y10 County Share Community Share' TOTAL Administrative Costs: Direct Salaries $15,315 $52,683 $67,888 Direct Mileage $ 400 $ 400 Direct Membership/Training $ 400 $ 400 $ 800 &Subscriptions Consultant Services $ 8,000 $ 2,000 $10,000 and/or Temporary Help Software $ 200 $ 300 $ 500 Other(List& Describe) Promotional Education: Printing Costs $ 7,500 $4,000 $11,500 Distribution Costs $4,000 $3,200 $ 7,200 Advertisements $ 1,300 $ 500 $ 1,800 Videos/Billboards $ 200 $ 300 $ 500 Promotional Items $2,815 $2,815 Special Events(Displays, Performance fees, Etc.) $ 840 $ 840 Other(List&Describe) TOTAL $ 40,970 $ 60,483 $ 101,453 Amount of Base Fund Requested $ 40,970 from County***-. Communities may list program contributions in this column(community contributions are not required). Unexpended 2000 Base Fund amounts may not be carried over to 2001. "' Base Fund Request may not exceed that amount shown on page 3. /�� 11 ATTACHMENT B 2000 COMMUNITY LANDFILL ABATEMENT APPLICATION FOR CONTAINER FUND Program Period: January 1, 2000 through December 31, 2000 City/Township: Population (1998): Number of Households (1998): Date Submitted: Contact: Phone Number: Fax Number: Address: E-Mail Address Approval of City Administrator or Manager 1. Number of containers required in 2000- Single Family Multi-family 2. Delivery Location—List address for container delivery. 3. Distribution Method— Indicate the distribution method for the containers. Note: Multi-family apartment containers are provided only upon agreement between building owners or managers and the City. Communities will distribute multi-family apartment containers in coordination with informational meetings for residents. �� 12 ATTACHMENT C 2000 COMMUNITY LANDFILL ABATEMENT APPLICATION FOR SUSTAINABLE ENVIRONMENT GRANT Program Period: Janus 1 2000 throu h City/Township: Population (1998): Number of Households (1998): Date Submitted: Amount of Funds Applied for: Address: E-Mail Address Contact: Phone Number: Fax Number: Approval of City Administrator or Manager Please provide a brief overview of the proposed project for a 2000 Sustainable Environment Grant. Include a brief description of the project including a budget breakdown, projected start date of project, duration of project, location, and organizations involved. Also show how the project supports sustainability and provide expected results from the project, including estimates of how it will expand and improve existing programs or will result in greater amounts or types of materials collected(use additional pages if needed). 1. Project Description 2. Evaluation Method of Project 3. Start Date and Duration of Project 4. Location 13 5. Organizations Involved 6. Projected Results/How does the Project Support Sustainability — Include how the. project will result in expansion and improvement,will result in greater amounts or types of materials collected,or supports sustainability. 7. Budget Breakdown/Show how grant will be expended. 14 ATTACHMENT D 2000 COMMUNITY LANDFILL ABATEMENT ANNUALREPORT City/Township: Date Address: Report Period: 1/1/00 to 12/31/00 Contact Person: Phone: E-Mail Address Fax Number 1. Recycling Operations Program Status-Describe the status of your community's recycling year 2000 activities for the following operations: a. Curbside Recycling Operations b. Drop-Off Operations-Cities will provide recycling totals for drop off locations. Please provide the drop off name, location, types of material accepted and tons collected in 2000. Total Residential Drop off Recyclables Collected: tons c. Waste Collection Service Reguirements- Indicate how community policies that require residences have waste collection service were promoted. 9115 2. Solid Waste Education Program Status - Describe the status of your community's 2000 educational/promotional activities. Indicate in the following chart the activities undertaken in 2000, describe the activity and submit examples of materials produced. Category A(community must complete at least seven activities) Check Items 1. Made Presentation to City Employees. 2. Made Presentation. 3. Made Presentation. 4. Made Presentation. 5. Made Presentation. 6. Made Presentation. 7. Made Presentation. 8. Sponsored a community event for Earth day(if attended by over 100 people—counts as two). 9. Sponsored a community event for America Recycles Day(if attended by over 100 people—counts as two). 10. Sponsored a community event for Pollution Prevention Week(if attended by over 100 people—counts as two). 11. Sponsored a community event for OEA"s Source Reduction Campaign (if attended by over 100 people—counts as two). 12. Sponsored a community event for other County-approved campaign (if attended by over 100 people—counts as two). 13. Produced a written communication distributed at least once per year to every household, including multi-family buildings. 14. Produce ad written communication distributed at least once per year to every household, including multi-family buildings. Category B(community must complete all) Check Items �l Distributed County-developed materials for annual targeted public education topic. Topic was selected by the County, SWMAC, and the communities. Produced and distributed one written communication piece to each household, including multi-family buildings. Actively participated at and contributed to monthly Local Solid Waste Staff meetings. Continued to evaluate the effectiveness of community activities. Supported and promoted Dakota County's integrated solid waste management program. 3. Governmental Leadership Efforts-Describe the status of your community's 2000 Governmental Leadership Efforts. Indicate in the following chart the efforts undertaken in 2000, describe the effort and submit examples of materials produced. Category A(community must complete of one annually) Check One �l 1. Increased the amount of products purchased that are made with post-consumer recycled materials. 2. Incorporated sustainable building practices into the deconstruction, construction, or remodeling of public facilities. 3. Decreased the toxic/hazardous character and amount of chemicals used. 4. Decreased the amount of waste and recyclables generated on a per employee basis. 5. Initiated and maintained a vermiculture program. 6. Increased eco-printing techniques in community publications and documents on an on-going basis. 7. Increased the reduction, reuse, or recycling opportunities for MSW generated from community facility operations. Category B(community must complete all) I Check Items �l 8. Managed waste from its facilities as outlined in the Regional/Dakota County Solid Waste Master Plan. 9. Ensured that recycling programs are established for all facilities under its control and that at least four broad types of materials are recycled (existing State law). 4. Commercial/Industrial Recycling Status (Optional)- Describe any independent commercial/industrial recycling activities undertaken in 2000. 9-57 16 5. Residential Recycling Expenditure Report- (please show all expenditures and all revenue) January 1,2000 to December 31,2000 EXPENDITURES Administrative Costs County Share Community Share* TOTAL Direct Salaries Direct Mileage Direct Membership/Training &Subscriptions Consultant Services and/or Temporary Help Software Other(List& Describe) Promotional/Educational Costs Printing Costs Distribution Costs Advertisements Videos/Billboards Promotional Items Special Events(Displays, Performance fees, Etc.) Other(List& Describe) B.TOTAL EXPENDITURES C.2000 Base Funds Received from County D. Program Revenue/Other Funding E. If the Total Expended is less than the amount of Base Funds received from the County,the difference in amounts will be returned to the County—enter amount here *Community program contributions must be listed in this column O:\D EPT\EMGMT\ABATE\M I K E\MT-ABAT00817C �� 17 Agenda Information Memo September 21, 1999 .... A. PROJECT 762,DUCKWOOD TRAIL FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 762 (Duckwood Trail — Street Rehabilitation) and authorize its certification to Dakota County for collection. FACTS: • Project 762 provided for the street rehabilitation recycling of the bituminous surface on Duckwood Trail,northwest of the intersection of Duckwood Drive and Lexington Avenue, as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on August 17, 1999, with a public hearing being scheduled for September 21 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are approximately 53% less than the estimate contained in the Feasibility Report presented at the Public Hearing held on March 2. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held September 15, to address all property owners' questions or concerns and provide any additional information of interest. Of the 4 parcels (all R-4) being assessed, no one attended the meeting and no objections have been received to date. ATTACHMENTS: • Final Assessment Summary,page- ' FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER- 762 ASSESSMENT- September 21, 1999 NAME - Duckwood Trail IMPROVEMENT- March 2, 1999 Reconstruction IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat.Benefit/trunk ❑ Lat.Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral 0 Surfacing M.F. $25.96 $55.260) /F_F. 0 Surfacing P.F. $19.47 $41.440) /F_F. ❑ Service Res.Equiv. ❑ Lat.Benefit/trunk Multi.Equiv. ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water&San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERM RATE ASSESSED FINANCED $144,932 F.R. $33.754 F.R. 99-06 4 15 Years 6.5% $76.070.52 $20,414.44 COMMENTS: (1)The Feasibility Rates are restated to exclude the curb and gutter portion of the rate. Agenda Information Memo September 21, 1999 B PROJECT 763,DUCKWOOD ESTATES FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 763 (Duckwood Estates — Street Overlay) and authorize its certification to Dakota County for collection. FACTS: • Project 763 provided for the bituminous overlay of Merganser Court, Widgeon Way, Spoonbill Circle, and Kittiwake Circle, all streets within the Duckwood Estates subdivision as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on August 17, 1999, with a public hearing being scheduled for September 21 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are approximately 33% less than the estimate contained in the Feasibility Report presented at the Public Hearing held on March 2. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held September 13 to address all property owners' questions or concerns and provide any additional information of interest. Of the 67 parcels(all R-1)being assessed, no one attended the meeting and no objections have been received to date. ATTACHMENTS: • Final Assessment Summary,page . � 9 FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER- 763 ASSESSMENT- September 21, 1999 NAME- Duckwood Estates IMPROVEMENT- March 2, 1999 Mill and Overlay IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat.Benefit/trunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral 0 Surfacing $431.02 $641.76 /Lot ❑ Service Res.Equiv. ❑ Lat.Benefit/tnmk Multi. Equiv. ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water& San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $42,997.92 F.R. $67,297.76 F.R. 99-06 67 5 Year 6.5% $28,878.34 $51,744.25 COMMENTS: Agenda Information Memo September 21, 1999 C. PROJECT 738,ROCKY LANE FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 738 (Rocky Lane—Street and Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 738 provided for the upgrade of a portion of Rocky Lane to City standards and included the installation of sanitary sewer, water main, and storm sewer as outlined and discussed in the feasibility report. Rocky Lane is located adjacent to and south of the Civic Arena. • The final assessment roll was presented to the City Council on August 17, 1999, with a public hearing being scheduled for September 21 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are more than 50% less than the estimate contained in the Feasibility Report presented at the Public Hearing held on July 7, 1998. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, City staff were available to address all property owners questions or concerns and provide any additional information of interest. Staff was contacted by one of the two property owners (R-1) being assessed, but no written objections have been received to date. ISSUES: • Mark Bosiacki, 1390 Rocky Lane, has stated that he will be formally objecting to the street portion of his assessment at the Public Hearing. He has stated that the Ice Arena expansion was the catalyst for the street improvement and should be responsible for his street assessment cost. Staff has informed Mr. Bosiacki that, whether by petition, development or City initiative, the City's Policy is to recover the proportionate costs from all benefiting property owners to the extent of their increased property value. This project was a development initiative resulting from the Civic Arena expansion. Assessments for street improvements to adjacent, benefiting properties are appropriate in such situations. The proposed street assessments were limited to the appraised value of benefits ($4,000) for identical street improvements for the residential properties within Country Home Heights. ATTACHMENTS: • Final Assessment Summary,page FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER- 738 ASSESSMENT- September 21, 1999 NAME- Rocky Lane IMPROVEMENT- July 7,1998 Utility Installation&Street Reconstruction IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk 0 Lateral $1,531.03 $3,441 /Lot Ea. ❑ Lateral H Service3$ 42.74 $586 /Service ❑ Lat.Benefit/trunk ❑ Lat.Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base 0 Lateral $1,855.96 $3,432 /Lot Ea. 0 Surfacing $53.95 $99.35 /F_F. 0 Surfacing $4,000.00 /Lot E4. 0 Service $533.85 515 /Service Res.Equiv. ❑ Lat. Benefit/trunk Multi. Equiv. ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water&San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERM RATE ASSESSED FINANCED $67,117.60 F.R $58,782.40 F.R. 98-12 3 15 Years 6.5% $33.423.37 $52.483.07 COMMENTS: U Agenda Information Memo September 21, 1999 Eagan City Council D. VARIANCE—MARY AND JOHN DAVIES (4775 WHITE OAK COURTI ACTION TO BE CONSIDERED: To approve a Variance of 10 feet to the 30-foot setback from a public right-of-way to construct an addition to their garage at 4775 White Oak Court, legally described as Lot 18, Block 2, Oak Cliff 4th Addition, in the NW t/4 of Section 31. FACTS: • The house was constructed in 1987 and has an existing attached garage. The existing structure is located at the minimum 30-foot setback from the front lot line. The side of the attached garage faces the street, and the doors into the garage face the north side lot line. • The applicants are proposing to create a third-stall addition by extending the garage toward the street. The other homes along this street appear to be set back about 30 feet and extending this structure would disrupt the consistency in setbacks along this street. • The applicant's narrative statement is attached with the staff report. ISSUES: • The third-stall addition will be located entirely within the required setback area. • Staff is concerned about the larger policy question and precedent that this proposal represents. While people's desire to expand and improve their property is understandable and desirable, such expansions cannot necessarily be accommodated in all instances. There are many lots where the existing structure was placed at the minimum setbacks and made no provision to allow for future expansion. And with families now having multiple vehicles, recreational and yard equipment, and trends in new construction have tended toward 3-stall and larger garages,the City is likely to see more of these requests in the future. ATTACHMENTS: Planning Report and applicant's narrative,pages _ throughqL. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 15, 1999 CASE: 31-VA-15-09-99 APPLICANT: Mary and John Davies HEARING DATE: September 21, 1999 PROPERTY OWNER: Mary and John Davies PREPARED BY: Pamela Dudziak REQUEST: Variance of 10 feet from the required 30-foot setback from a public right of way LOCATION: 4775 White Oak Court COMPREHENSIVE PLAN: D-I, Single-Family Residential ZONING: PD, Planned Development SUMMARY OF REQUEST Mary and John Davies are requesting a Variance of 10 feet to the required 30-foot structure setback from a public right-of-way to construct an addition to their garage at 4775 White Oak Court, legally described as Lot 18, Block 2, Oak Cliff 4'Addition, in the NW 1/4 of Section 31. 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. 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. Planning Report—Mary and John Davies September 21, 1999 Page 2 CODE REQUIREMENTS The property is part of the Winkler-Jackson Planned Development and is zoned PD. The PD included some single-family homes and some townhomes. Within this PD, the applicable performance standards are those for the corresponding zoning district based on the use. Therefore, since the use on this lot is a single-family dwelling, the R-1 zoning standards apply. The City Code requires a minimum 30-foot structure setback from a local public right-of-way, White Oak Court in this case. The City Code also limits building coverage to 20% of the lot area. BACKGROUND/HISTORY Oak Cliff 4'Addition was platted in 1986 and is part of the Winkler-Jackson Planned Development. The existing house was constructed in 1987. The porch and deck were later added to the rear of the house. EXISTING CONDITIONS The existing structure is located at the minimum 30-foot setback from the front lot line, with an attached two-stall garage in front of the house. The side of the garage faces the street, and the doors into the garage face the north side of the lot. EVALUATION OF REQUEST Since the garage is oriented to be side-loaded, in order to create a third-stall addition the garage would need to extend towards the street. This is the most logical extension of the existing building. However, since the structure is already at the minimum 30-foot setback, the addition cannot be accommodated without encroaching into the required setback area. The homes on either side of the subject lot and further along the street are all set back about 30 feet, extending this structure 10 feet closer would disrupt the consistency in setbacks along this street. Although it is understandable that the applicant would want to improve the property and enlarge the garage, the reasons given do not appear particularly unique to this property. The side-loaded garage design is somewhat unusual,however, there are many lots in Eagan where a home was initially set on a lot without space enough to accommodate a future addition. According to the County records, the lot is 14,464 sq. ft. in area. The 2,754 sq. ft. of building area, which includes the proposed garage addition as well as the porch and deck, results in a building coverage of 19%, and does not exceed the 20% maximum allowed by the City Code. g.5- Planning Report—Mary and John Davies September 21, 1999 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicant submitted a narrative describing the proposal. The narrative states that they wish to add a third stall to their garage because the two-stall size leaves one vehicle parked in the driveway, which they believe is not esthetically pleasing for the neighbors and presents difficulty for them in arranging and shuffling vehicles as needed. SUMMARY/CONCLUSION The applicant is requesting a ten-foot Variance to the required setback from a public right-of- way to construct an addition to their garage. Since the existing attached garage is oriented with the side of the building facing the street, and since the existing structure is set at the minimum 30-foot setback, the proposed third stall addition encroaches into the required front yard setback. The proposed encroachment will result in a disruption of the sight lines along the west side of White Oak Court. ACTION TO BE CONSIDERED To recommend approval of a ten-foot Variance to the required 30-foot structure setback from a public right-of-way to a garage addition at 4775 White Oak Court, legally described as Lot 18, Block 2, Oak Cliff 0 Addition, in the NW '/a of Section 31. If approved, the follow condition should apply: 1. 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. Eagan Bou ndary Street Centerline ion Map Parcel Area {. Building Footprint EMu uzLll M. r111n9q- rill im - - D = q� , d S 0��_C30C ■ � Lux 16 E� .��+ fl� D �� ■�v appp,. 1 AW WA OOGcsilwill PAP Devel . . Davies Application: Case No.: 31-VA-15.09-99 i DakotaMap* s - WRITTEN NARRATIVE in SUPPORT of VARIANCE REQUEST: We are Mary and John Davies; Eagan residents since 1972; currently residing at 4775 White Oak Court (Lot 18, Block 2 - Oak Cliff 4" Addition). Our proposal is to build a third car garage making our home consistent with most other homes in the neighborhood. Attached is the plot plan developed by our builders in 1987(identified as plot plan A). Added to the original plan are amendments: a porch and deck completed in 1993 (identified as plot plan B) and the proposed third car garage (identified as plot plan Q. At this time, we are requesting a variance to construct a third car garage (area identified in plot plan Q. As you will note the home was originally built with a two car garage. The requested third car garage will be used for personal reasons to house a vehicle and various yard supplies. We currently have three vehicles and are thus required to maintain one vehicle in the driveway. It is our opinion that maintaining a vehicle in the driveway is both an esthetic eyesore for the neighborhood and an arranging and shuffling nightmare for us. You will note from the plot plans that our existing two car garage faces north, with the side of the garage facing the street. The existing garage side wall is 30 feet from the city easement which is code ;we are rentiesting a variance of 10 feet thus making the tide wall of the third car garage 20 feet from the city easement. We are planning to duplicate the existing side of the garage on the side of the new structure (pictures attached show the existing street side of the garage with two windows and a hair moon window in The rafter area). The exterior material of the proposed addition will be stucco and wood trim to match the Tudor design of the rest of the house; all colors will remain the same/consistent with the house and garage colors currently in place. The entire driveway, sidewalk and steps to the main entrance of the house will be finished in paving stones. Providing this variance request is authorized at the September 21" Council Meeting and weather permitting, it would be our intent to initiate and complete this project in the fall of 1999 if our matter:s continued to future �^u^.�:1 mPet2ngS 3n�i/nr.;;�e reCPl:'e a.^..ciriv frost, the project may not be completed until the spring of 2000. SUMMARY OF SITE TABLE DATA: According to Dakota Countv records our lot size is 14,464 square feet. Our home occupies 1,372 square feet, our porch and deck occupies 527 square feet, the existing garage occupies 630 square feet and the proposed addition to the garage would occupy nuc r r t r� ^rc t r art �c� r fnoi r�>, t square fccf fur a total Gf �,1 J-+ sgi.iai Lice f ffc �,i�-+ square 'et is f>io oft' tutaf lot size holding us under the 20°'0 maximum building coverage for a lot. /2 . -- -nom � � M HovsE i•O ';^RA46 F0,}Z'-o" A:5?HAL.T D�Iv E 2L' o $5.0'D O•o ITE �Ar, COvF- T ?LOT PLAN oZM VN - PaDeg5o�j rNe, L07 / 1 , $ LOG 4 Z OAK C L i F r- +r11 PrvDtT i Ont h PR U1 30, 198 7 '54ALEt ZO' 0 pp In MOvsa auk. Fl.R.♦z=o" kr ' e 8 5.Ov f \vQ'N1TE OAcr. COu ?- T FLAT PLA/4 o zM OAK CLIFF ¢r" Nvvrri pN AP91i.. 30, Jf0 7 �cA�� .,� Zo' CIO 9� `v 0 V � � h � EMWO EW Roust Lf. , S; SARA;8 L� I°o��NS %ta.vc 85.OrDgo Wi4l TE DAA C 0 0 lz 7 FLS -r ALAN Z.M v N -- pa DER 5 CAJrpt C, LD 7 f S �c.oc,� Z OAK CLI N.0 * rM ON D©17, Af�IL 10, 115 , �f/ 5G�►l.H ft1"-ft Zoe i OLD BUSINESS Agenda Information Memo Eagan City Council September 21, 1999 A. COMPREHENSIVE GUIDE PLAN (CITY OF EAGAN)—PRELIMINARY APPROVAL ACTION: ➢ To grant Preliminary Approval of the City of Eagan's Comprehensive Guide Plan and direct staff to submit the plan to the Metropolitan Council for review and comment. ➢ To direct staff to begin working on amendments to City Code Chapter 11 (Zoning Code) as outlined in the Implementation Section of the Comprehensive Guide Plan. FACTS: ➢ The Metropolitan Land Planning Act, as amended in 1995, requires all local governments within the seven-county metropolitan area to develop comprehensive plans and update them every 10-years to ensure consistency with the regional system plans. ➢ The deadline for plan updates was set at December 31, 1998, but the Metropolitan Council granted extensions upon request. The City of Eagan was granted two extension. One until June 30, 1999 and the second until December 31, 1999. Additional extensions will only be granted by special action of the Metropolitan Council. ➢ Over the past 1 %2 years City staff has worked with the Comprehensive Plan Update Subcommittee, consisting of members of the Advisory Planning Commission and City Council, to review the current(1980) Comprehensive Guide Plan and determine appropriate revisions based on changes that have occurred since the 1980 Plan was adopted. ➢ During the past year the Subcommittee met with numerous property owners subject to land use or zoning changes. Three community open houses were held to obtain broad public input on the proposed changes to the land use plan. One community open house was held to obtain public input on the entire draft Comprehensive Guide Plan. Comments and letters from property owners are included in the attached information packet. ➢ As required by law, Eagan's draft Comprehensive Guide Plan was distributed to surrounding municipalities, Dakota County, and the affected school districts for their 9o"2 review and comment. Their comments and Eagan staff response are included in the attached information packet. ➢ On August 12, 1999 the APC conducted the official public hearing on the draft Comprehensive Guide Plan. A copy of the minutes from that meeting is attached. The APC recommended approval of the draft plan subject to minor changes. Those changes are reflected in the draft included with the Council packet. ➢ The Council continued action on this item at their regular meeting of September 7, 1999. The Council held a workshop on September 14, 1999 to discuss changes in the Comprehensive Plan and/or zoning that would result in nonconforming uses. At that meeting it was determined that any property that would become nonconforming,by virtue of the Comprehensive Plan Update,would retain the current zoning and be labeled transitional. ➢ Councilmember Carlson has prepared a recap of the workshop meeting that includes two specific requests of staff. Please see attached memo from Senior Planner Ridley that responds member Carlson's requests. ATTACHMENTS (2): ➢ Member Carlson's 9/14/99 Council Workshop Summary,page through ➢ 9/17/99 Memo from Senior Planner Ridley,page%through V- > ➢ A separate packet was sent two weeks ago. This packet contained the revised draft Comprehensive Guide Plan,minutes from public hearing, other meeting summaries, correspondence from property owners, correspondence from surrounding communities. FROM CARLSON PHONE NO. : 6516818311 Sep. 16 1999 04:19PM P2 TO: Tom Hedges and Mike Ridley FROM: Peggy Carlson Again, thanks to staff for continuing the process on the properties under scrutiny. Here is my recap of Tuesday night's workshop. If you need clarification, please call me. There are no state statutes to require individual notification for a comprehensive guide change. It was conveyed that properties within 350'are notified. A city-wide comp guide evaluation is very 10 years and the properties will be notified individually of the changes proposed- Will this council consider modifying the current non-conforming use ordinance.? Yes: C and D should be modified to allow comparable replacement. Maintenance and repair to support the current use The council agreed the ordinance process should begin at.the APC. and is high priority? The planning commission has suggested that some non-compliant properties be submitted as conforming and other non-compliant properties be submitted as non- conforming. Arbitrary and Capricious? Workshop Decision: Except where current non-conforming properties exist due to zoning issues, all other cases in which the council's action caused the property's comp guide designation and the zoning to remain or become non- compliant, the property will 6e considered transitional. 6516818311 => CiTY OF EAGAN ,TEL=6516814612 09/16'99 16:19 FROM CARLSON PHONE NO. : 6516ele311 Sep. 16 1999 04:19PM P3 - Transitional properties will be considered conforming. Criteria and restrictions on page l l %rill be applied. -Transitional property will be denoted with an asterisk or something like this to signify there are special conditions on the property. - Each transitional property will have an written explanation on the reasoning for the property to be considered transitional. These will be added to the Comp-guide manual for future reference. REQUEST: Could we have the proposed changes to page 11 and d nsitional maps denote these properties ready for our council packets on Friday. This gives us a chance to clear up any questions before the meeting. Page 11 set the ground work for the criteria. At what time does the council want to attempt to qualify all proposed non-conforming use property being submitted. Council consensus: Not at a workshop--Tuesday Night: Sept 21 Timeline of small area plans should be in place before submitting(In writing) Timeline and priority process should take place before submitting(In writing) Due to length of the workshop,timelines weren't discussed in detail. REQEST. Could planning staff present a feasible timeline to complete the small area plans and zoning issues? (example: Parks having more than one zone classification) What is the policy and process to a "first right of refusal" on specific property? It was explained that this is a contractual agreement between the city and property owner. Council eonsensua was to ask the park commission to bring forward their list of"First right of refusal" properties. Did I miss anything? 96", 6516818311 => CITY OF EAGAN ,TEL=6516814612 09/16'99 16:19 city of eagan TO: Tom Hedges, City Administrator FROM: Mike Ridley, Senior Planner DATE: September 17, 1999 RE: Councilmember Carlson's Workshop Recap Based on our discussion regarding Councilmember Carlson's fax regarding the workshop on the 14''', this memo will provide some information regarding the specific requests outlined by Member Carlson. REQUEST: Could we have the proposed changes to page]] and transitional maps denote these properties ready for our council packets on Friday? This gives us a chance to clear up any questions before the meeting. RESPONSE: As we discussed, Tom, due to staffing issues it is not physically possible for us to turn around any new transitional maps for Friday's packet. Additionally, the direction from the Council was clear that the verbiage of the Implementation Section (page 11)regarding transitional uses and the written explanation of the rational used to define the individual parcels as transitional needs to be formulated. I believe we need to give the issue some thoughtful consideration and forward that information on to the Council for review and comment. REQUEST: Could planning staff present a feasible timeline to complete the small area plans and zoning issues? RESPONSE: We certainly can prepare `best guess' timelines for each of the special areas in the near future. Again, we will need to spend some time considering factors that will impact development within the special areas. However, some of the areas will become more defined as work currently underway is concluded. In particular, the Cedar/13 (Area# 5) area because the Task Force is nearing the point of forwarding their recommendation on to the Council for consideration and staff has had initial discussions with Blue Cross/Blue Shield regarding their long range plan for the East Campus (Area# 7). l In conclusion, there is a lot of work to be done pertaining to the Comprehensive Plan Update and staff is prepared to do what is necessary to address any of the issues/concerns that have arisen. However, these important issues are local and have no bearing on any of the regional systems that the Met Council is concerned about. The city cannot adopt the Plan until after the Met Council has completed their review. Therefore, updating the areas of the Plan regarding transitional uses and special areas can and should be accomplished during the 60 day Met Council review. Agenda Information Memo September 21, 1999 OE�W)B ► SS A. CONTRACT 99-13 ASHBURY ROAD/BLACKHAWK HILLS ROAD TRAFFIC CALMING IMPROVEMENTS ACTION TO BE CONSIDERED: To cancel the advertisement for bids for Contract 99-13 (Ashbury Road/ Blackhawk Hills Road — Traffic Calming Improvements) and direct staff to coordinate the construction of the improvements through solicitations for services. FACTS: • On August 3, 1999, the City Council authorized the preparation of a feasibility report for the construction of experimental traffic calming improvements on Ashbury Road and Blackhawk Hills Road. The Council directed that no assessments be levied for these experimental improvements. • On August 17, the City Council authorized the installation of traffic calming measures on Ashbury Road and Blackhawk Hills Road between Blue Cross Road and Federal Drive. • At the August 17 meeting, the Council also approved the detailed plans and specifications and authorized the advertisement for competitive bids for these improvements to be opened at 10:30 a.m. on September 16, 1999. • An informational meeting was held September 14 to address all property owners' questions or concerns and provide any additional information of interest regarding the improvements. Thirteen (13) residents attended the meeting and expressed overall support for the improvements. • No bids were received for the advertised bid opening. • City staff have spoken to contractors presently working on open contracts with the City of Eagan about constructing portions of the traffic calming improvements as Change Orders to the existing contracts. The contractors have expressed a willingness to do the work at bid prices consistent for relevant bid items on other projects within the city. • Staff recommend the construction of the traffic calming improvements through the solicitation of the required construction services. ATTACHMENTS: • Minutes from Neighborhood Meeting,pagesC —�--through. q� ASHBURY ROAD /BLACKHAWK HILLS ROAD TRAFFIC CALMING IMPROVEMENTS CITY PROJECT NO. 777 INFORMATIONAL NEIGHBORHOOD MEETING SEPTEMBER 14, 1999 Attendance: Russ Matthys—City Engineer, Chris Kujala-Project Engineer, 13 people representing 9 properties (see attached sign-in sheet). A. Welcome and Introduction City Engineer Russ Matthys introduced Chris Kujala, Project Manager for the project, and provided the residents with a brief history of the project. Attendees were invited to look over project boards depicting locations of improvements, construction plan sheets, pictures of the proposed plantings, etc. B. Presentation of Project 777 Details City Engineer Matthys discussed the residents' survey results and the city's recommended improvements. He referred to mailings the residents have received and discussed the changes that have been made including the decision not to install a traffic choker at Ashbury Road and Ashbury Place/Court and the change in the location of the choker on Blackhawk Hills Road. He also reiterated that the council has authorized the project and the feasibility report and that no assessments will be made to the residents as this traffic calming measure is new to the city of Eagan. City Engineer Matthys then referred to a research report that cited several methods of traffic calming in the Twin Cities area and their respective positive and negative impacts. This data seemed acceptable to the residents as reinforcement for installing the traffic chokers over another measure such as . stop signs or speed bumps/humps. City Engineer Matthys answered questions throughout his presentation, as outlined below. He discussed the project schedule and the bid letting. He offered the residents the opportunity to work with the city and install, at the residents cost, a neighborhood sign or marker at or near the choker to reinforce the 'feel' of the choker as an entrance to their neighborhood. C. Questions/Comments- 1. Why can't the speed limit be lowered to 25 mph on Ashbury Road? The standard speed limit for residential streets in Minnesota is 30 mph. The speed limits in Minnesota are established by the Commissioner of Transportation and based on the 85th percentile of vehicle speed. A speed of 30 mph on Ashbury Road is consistent with the 85th percentile of vehicle speed recorded by the engineering traffic study. 2. Aren't speed limits less at schools? There are some locations adjacent to schools with special signing for reduced speeds during school hours or when children are present. The speed limit for these streets would still be a minimum of 30 mph. 3. What are the problems with snowplowing speed bumps/humps? The plow blade cannot follow the contour of the speed bump/hump and will lose snow as it goes over the bump/hump. This can contribute to ice development adjacent to the speed bump/hump. It can also be painful when the driver is in a hurry to remove snow and forgets the exact location. 4. How will you mark the chokers so snowplow drivers know where they are in the winter when they're covered with snow? The chokers will be landscaped with trees, shrubs, and flowers and will be visible to plow drivers and other motorists year round. 5. What are the sizes of the plantings? The Swamp White Oak trees are the largest plantings with trunk diameters of 2-3". The Gro-Low Fragrant Sumac will have a height of about 2', and the Black-eyed Susans and Purple Cone Flowers will be under 2'. 6. Why isn't a choker being installed at the Ashbury Road/Ashbury Place/Ashbury Court intersection? This intersection is located on a curve on Ashbury Road with very poor sight distance. The city is concerned that a choker may encourage head-on collisions. 7. What's the lighting like? Is there going to be a problem with the crosswalk not being lit enough? We are not sure what the lighting is like. There are no plans to install lighting at the chokers under this project. The crosswalk will only be moving about 30 feet to the west. 8. There isn't enough room in the choker for vehicles and pedestrians in the choker and they're dangerous. Can you put a sidewalk behind the choker? The choker on Ashbury Road incorporates a crosswalk. We will look into extending the sidewalk behind the choker on Blackhawk Hills Road. 9. People drive 50 mph through the Blackhawk Hills Road curve coming off of Federal Drive. 10. People don't drive 50 mph through the Blackhawk Hills Road curve coming off of Federal Drive. 11. There will be accidents at the choker. 12. Can you slow the speed on Federal Drive using traffic calming techniques? This is a possibility. A converging chevron pattern pavement marking may be an appropriate traffic calming measure along Federal Drive. (Similar to the markings on Deerwood Drive near Blackhawk Road.) Let's see how the post-construction traffic analysis turns out. �OD 13.When parts of the neighborhood were developed, the city said the roads had to be wide to be safe. Now the city says the road have to be narrowed to be safe. 14. What are some statistics on speed and accidents for chokers elsewhere? City Engineer Matthys presented some information on chokers in the Twin Cities from the research report and explained that since traffic calming is relatively new, the data available is limited. 15.Where's the ring road going to be? City Engineer Matthys presented some information on the preliminary plan for the Ring Road. 16. There is a concern about trash along Federal Drive. Why doesn't the city spend its money on trash pickup? Trash pickup in residential areas is not in the city's budget. This is something that should be a collective effort of the residents in the neighborhood. You may contact your council member if you would like it to be a City service. 17.What's the time frame on this project? The bid letting is this Thursday, September 16, with a scheduled council award on Tuesday, September 21. There may not be any bids because it is a small project and contractors are very busy. The city will try to find a way for the work to get done this fall. We are shooting for an early October start and hope to have the construction completed by November 15, 1999. 18.Who is responsible for the maintenance of the plantings and grass in the choker? Someone needs to be assigned the task now. The plantings were specifically chosen to be maintenance-free. The city encourages the residents to take pride in their neighborhood and see that the little amount of sod in the choker gets mowed. We will be sure to make this clear in future mailings. 19.What can be done about Delta Dental's weed problem? Contact Mary Granley, Code Enforcement. 20. If there are no bids on this project, and the work needs to be completed through change orders, can the sidewalk be extended? The city will look into this possibility. D. Sign-in Sheet: INFORMATIONAL NEIGHBORHOOD MEETING ASHBURYBLACIHAWK HILLS TRAFFIC CALMING IMPROVEMENTS TUESDAY, SEPTEMBER 14, 1999, 6:30 P.M. lo/ Name Address Chris Foye 1637 Ashbury Place Dick Reid 3690 Birchpond Place Mark Detorre 1580 Ashbury Place Susan Schrufels 1568 Ashbury Court Vic Spadaccini it Bart Scmidt 3625 Birchpond Road Barb Schmidt " George Bolig 1680 Blackhawk Cove Joan Bolig of LuAnn Wilson 3581 Ashbury Road Rich Wilson " Tom McLaughlin 3637 Ashbury Road Larry Nyeggen 1571 Blackhawk Hills Road INFORMATIONAL NEIGHBORHOOD MEETING ASHBURY TRAFFIC CALMING TUESDAY, SEPTEMBER 14, 1999, 6:30 P.M. NAME ADDRESS 1. 2. c ('c/ 4��'e 3. � ��- 4. As 5. 6. leC'ft too y� lam_ 7. f 1 b JCSIi'yll( � c i 8. 6-rr -J./" -/) 34#616 !�� w /3C/14Ct'104/.� Gaocz 9. ��r `l n A)J 4oli r Qo 10. 1 1 / CSG C�� Z :zf 13. 14. 15. 16. 17. 18. 19. 20. G:FORM S/SIGN-1 N.Sheet lo-3 Agenda Information Memo September 21, 1999 Eagan City Council Meeting B. REZONING& PRELIMINARY SUBDIVISION (WATERS EDGE) TRANSACT INC. ACTION TO BE CONSIDERED: ➢ To approve a Rezoning of approximately 4.6 acres of land from A, Agricultural to R- 1, Single Family(Lots 8 and 9) and R-2, Residential Double (Lots 1-7) located south of Englert Road and west of Pilot Knob Road in the southeast 1/4 of Section 16. ➢ To approve a Preliminary Subdivision entitled Waters Edge located south of Englert Road and west of Pilot Knob Road in the southeast 1/4 of Section 16 subject to the conditions listed in the APC meeting minutes. FACTS: ➢ The 4.6 acre property in question is unplatted. A rezoning of the property from A, Agriculture to R-1, Residential Single Family and R-2, Residential Double is necessary to accommodate to proposed uses. ➢ The site is presently occupied by a single family dwelling which has access to Englert Road. An ingress and egress easement exists along the subject property's southern lot line which provides access to the bordering property to the southwest. ➢ The site has varied topography with the highest elevation existing in the southeastern portion of the site. ➢ At their regular meeting on August 24, 1999, the Advisory Planning Commission held a public hearing to consider the Rezoning and Preliminary Subdivision and recommended approval of the rezoning and the preliminary subdivision subject to the conditions listed in the meeting minutes. ATTACHMENTS (2): Minutes of the August 24, 1999 APC meeting,pages/bSthroughA9.9 Staff report, pages 10 through J-a I/ Page 5 `''L'J.— August August 24, 1999 ADVISORY PLANNING CONIlvIISSION REZONING & PRELIMINARY SUBDIVISION TRANSACT, INC. Chair Heyl opened the next public hearing of the evening regarding Preliminary Subdivision approval to allow the creation of mixed residential subdivision entitled "Waters Edge". The proposed subdivision is comprised of seven twinhome lots (14 total units) and two single family lots. The site overlays 4.6 acres of land located south of Englert Road and west of Pilot Knob Road in the southeast '/4 of Section 16 and a Rezoning of the property from an A, Agriculture to R-1, Residential Single Family and R-2, Residential Double Zoning designations. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staff s planning report dated August 19, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Kirmis expressed the City staffs concern with the developments of Lots 1 and 2 as twinhomes and the lack of access to those lots from the west. Mr. Kirmis noted that a garage currently encroaches upon proposed Lots 1 and 2. The applicant addressed the APC, stating that access from Kingswood Pond Road could be provided to Lots 1 and 2 and that he is working with Paramount Engineering to finalize such a plan. As to the garage, the applicant stated that it will be moved if necessary. Finally, the applicant noted that since the access was coming from the west, it would be perceived to be part of Kingswood development and in fact, the homes would be priced consistent with the Kingswood development. Chair Heyl closed the public hearing. Member Frank expressed his opinion that if access to the west was worked out; he believed the development was appropriate in that it would be difficult to place single-family homes along Pilot Knob Road. Member Frank stated for the record that he believed the City's tree replacement ordinance to be over zealous and asked to have the matter reviewed by City staff. Member Segal inquired of the other Members if Lots 1 and 2 should be single family or two-family residential. Members Steininger and Frank and Chair Heyl all expressed that twin homes appeared appropriate being adjacent to a County Road. Member Frank moved, Member Steininger seconded, a motion to recommend approval of a Preliminary Subdivision approval to.allow the creation of mixed residential subdivision entitled "Waters Edge". The proposed subdivision is comprised of seven twinhome lots (14 total units) and two single family lots. The site overlays 4.6 acres of land located south of Englert Road and west of Pilot Knob Road in the southeast '/4 of Section 16, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: /os� I Page 6 August 24, 1999 ADVISORY PLANNING COI\MSSION Bl, B2, B3, Cl, C2, D1 and E1 2. The property shall be platted. 3. Development of the property depicted as lots I and 2 shall not occur until such time as street access from the west is available. 4. Either the plat shall be reconfigured to eliminate the non-conforming garage setback or the garage shall be removed. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 6. The utility plan shall be revised so that a retaining wall is not constructed over the utilities extended to serve Lots 1 and 2. 7. This development shall maintain the integrity of this sanitary sewer service pipe to Parcels 013-79 and 030-79 and provide a private easement to allow its continued use as a service line. 8. The developer shall obtain sufficient drainage & utility easement from Parcel 030- 79 for the proposed sanitary sewer line that crosses the northeast corner of Parcel 030-79. 9. The required tree mitigation calculates to the installation of twenty-five (25) category A trees, or fifty (50) category B trees, or one hundred (100) Category C trees, or an equivalent combination of these trees as mitigation for tree removal in excess of allowable limits. Mitigation shall be in addition to any city required landscaping. 10. 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. 11. 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. 12. A cash dedication in lieu of on-site ponding shall be required for the development. The cash dedication required based on the area and impervious characteristics of developed lots shall be approximately $5,600. 13. An access easement from the west to serve Lots 1 and 2 shall be provided to the City Attorney for review and shall be recorded with the plat. The private access easement shall be terminated with the development of a public access from the west to service Lots 1 and 2. All voted in favor. /66 Page 7 . August 24, 1999 ADVISORY PLANNING CONMSSION Member Frank moved, Member Huusko seconded, a motion to recommend approval of a Rezoning of the property from an A, Agriculture to R-1, Residential Single Family and R-2, Residential Double Zoning designations. All voted in favor. A9 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 1999 CASE: 16-PS-15-07-99 16-RZ-09-07-99 APPLICANT: Transact Inc. HEARING DATE: August 24, 1999 PROPERTY OWNER: William Bruestle PREPARED BY: Bob Kirmis REQUEST: Rezoning and Preliminary Subdivision LOCATION: (SE '/4 of section 16) COMPREHENSIVE PLAN: Mixed Residential (D-II) ZONING: Agriculture (A) SUMMARY OF REQUEST Transact Inc. is requesting Preliminary Subdivision approval to allow the creation of a mixed residential subdivision entitled"Waters Edge". The proposed subdivision is comprised of seven twinhome lots (14 total units) and two single family lots. The site overlays 4.6 acres of land located south of Englert Road and west of Pilot Knob Road in the southeast 1/4 of Section 16. In conjunction with the requested preliminary subdivision, the applicant has also requested a Rezoning of the property from an A, Agriculture to R-1, Residential Single Family and R-2, Residential Double zoning designations. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subdivision 5 states, in part that the 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 it's consideration and recommendation. A08 Planning Report—Transact Inc.Rezoning&Preliminary Subdivision August 24, 1999 Page 2 Subdivision: City Code Section 13.20 Subd. 6 states that"In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to,topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage 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 /D / Planning Report—Transact Inc.Rezoning&Preliminary Subdivision August 24, 1999 Page 3 information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The 4.6 acre property in question is unplatted. A rezoning of the property from A,Agriculture to R-1, Residential Single Family and R-2, Residential Double is necessary to accommodate to proposed uses. EXISTING CONDITIONS The site is presently occupied by a single family dwelling which receives access from Englert Road. An ingress and egress easement exists along the subject property's southern lot line which provides access to the bordering property to the southwest. As shown on the preliminary subdivision, a portion of the neighboring property owner's garage encroaches upon the subject site. The site has varied topography with the highest elevation existing in the southeastern portion of the site. Numerous significant trees exist on the site the majority of which parallel Englert Road along the southerly (or rear)property line. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Pond View Townhomes; zoned R-3,Residential Townhouse; guided D-II, Mixed Residential (0-6 units/acre) South - Single Family Residential; zoned A, Agriculture and R-1, Single Family Residential; guided D-H, Mixed Residential (0-6 units/acre). East- Fish Lake/Single Family Residential; zoned R-1, Single Family Residential; guided D- I, Single Family Residential (0-3 units/acre) West - Single Family Residential; zoned R-1, Single Family Residential; guided D-II, Mixed Residential (0-6 units/acre) Planning Report—Transact Inc.Rezoning&Preliminary Subdivision August 24, 1999 Page 4 EVALUATION OF REQUEST Rezoning The requested rezoning from A,Agriculture to R-1,Residential Single Family and R-2, Residential Double is necessary to allow this subdivision of the property. Both zoning designations are consistent with the Comprehensive Guide Plan which designates this property for D-H,Mixed Residential use(0-6 units/acre). Preliminary Subdivision Compatibility with Surrounding Area-The subject site is bounded on the north by medium density development (townhomes), on the south by single family residential development, on the east by Pilot Knob Road and Fish Lake, and west by single family residential uses. The proposed addition of residential uses of comparable density along Englert Road is not anticipated to adversely affect surrounding land uses. While the proposed uses along Englert Road appear compatible with surrounding uses, some question exists regarding the appropriateness of twinhomes upon lots 1 and 2. It is the intention of the applicant that access to the two lots from Pilot Knob Road will be temporary until such time as the westerly property develops and an"interior" access (from Kingswood Ponds Road) is provided. Considering that two single family homes currently exist to the west of the twinhome lots (which will likely be served by the same future access), single family homes may be considered a more compatible use. This is however, considered a policy matter to be determined by City Officials. Densi -A total of 16 dwelling units have been proposed upon 4.6 acres of property. This results in a density of 3.5 units per acre, consistent with the density of the Comprehensive Guide Plan. Subdivision Design-For the most part, the proposed subdivision design is considered positive and responds well to various site design parameters including surrounding land uses and existing topography. Of concern however are unresolves access, setback and buildable area questions associated with proposed Lots 1 and 2. These issues will be addressed further in forthcoming sections of this report. Lots - Within R-1 zoning districts, a minimum lot area requirement of 12,000 is required while a minimum lot size of 15,000 square feet is required in R-2 zoning districts. If no further right-of- way dedications(i.e. Pilot Knob Road)-are necessary, all minimum area requirements of the City Code have been satisfactorily met. Likewise, all lots have been found to meet or exceed the minimum R-1 and R-2 district lot width requirements (of 85 feet and 100 feet). Planning Report—Transact Inc.Rezoning&Preliminary Subdivision August 24, 1999 Page 5 Setbacks - The following minimum setbacks are applicable to the proposed development: From Pilot Knob Road 50 feet Front yard Local Street 30 feet Side yard 10 feet Rear yard 15 feet Note:Same setbacks apply in the R-I and R-2 districts While all proposed lots demonstrate an ability to comply with the aforementioned setbacks, the garage upon the adjacent westerly property is shown to encroach upon proposed Lots 1 and 2. So as not to create a nonconforming setback condition and as a condition of preliminary subdivision approval, either a ten foot setback from the garage must be maintained or the garage must be removed. Grading - The preliminary grading plan is acceptable with some modifications. The site is lightly wooded and generally slopes to the northeast. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. Storm Drainage- The preliminary storm drainage plan is acceptable. Existing storm sewer of sufficient size, depth and capacity is available from Englert Road to accommodate the development. This storm sewer drains to the north to Fish Lake. Utilities - The preliminary utility plan is acceptable with some modifications. Existing sanitary sewer and water main is available from Englert Road to serve the development. A retaining wall is proposed over a portion of the public sanitary sewer and water main to serve Lots 1 and 2. The utility plan should be revised so that no retaining wall is constructed over these utilities. Parcels 013-79 and 030-79 currently take sanitary sewer service from a pipe which extends from Englert Road through this property between proposed Lots 5 and 6. This development should maintain the integrity of this pipe and provide a private easement to allow its continued use as a service line. Streets/Access/ Circulation-Public street access is available for Lots 3 though 9 from Englert Road along the north edge of the site. Access for Lots 1 and 2 is proposed via an existing private ingress/egress easement currently used by Parcels 013-79 and 030-79 onto Pilot Knob Road(Dakota County Road 31) approximately 450 feet south of Englert Road. The Dakota County Plat Commission has reviewed the preliminary plat for this subdivision and has determined that access for this development should not be via Pilot Knob Road, but rather from a City street because this proposed access onto a County Road does not meet their current access spacing guidelines. Planning Report—Transact Inc.Rezoning&Preliminary Subdivision August 24, 1999 Page 6 Future City street access for Lots 1 and 2 will likely be provided to Kingswood Pond Road within the Kingswood Ponds Addition at time of development of Parcel 030-79. Development of that portion of the subject property shown as Lots 1 and 2 is considered premature and should not occur until such time as street access from the west is available. Easements/Permits/Ri t-of-WU-The preliminary plat drawing is not acceptable. To allow for possible future expansion of Pilot Knob Road(Dakota County Road 31),the Dakota County Plat Commission is requiring the developer to dedicate an additional 40 feet of right-of-way along the east edge of the site abutting Pilot Knob Road. The developer is depicting an additional 15 feet of right-of-way dedication on the preliminary plat submitted with the application. The additional 40-foot right-of-way dedication,plus the required 50-foot building setback,would render Lots 1 and 2 essentially unbuildable. Development of Lots 1 and 2 is considered premature prior to the resolution of this right-of-way issue with Dakota County. The developer should obtain sufficient drainage&utility easement from Parcel 030-79 for the proposed sanitary sewer line that crosses the northeast corner of Parcel 030-79. Water Quality/Wetlands—The subject site is located within the watershed of Fish Lake, a Class I direct contact recreation water body. Runoff from the site will be discharged first to Pond JP-3, an 8.5-acre pond designated as a sediment basin in the City's water quality management plan. Pond JP-3 in turn discharges through a pipe under Pilot Knob Road to Fish Lake. The development parcel is hilly, with a topographic difference of about 25 feet from the southeastern corner to the northern portion of the property. Because this is a small development, 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 are no jurisdictional wetlands within the development parcel. Tree Preservation- The site is approximately 40%wooded with hardwood and softwood deciduous trees occurring as both individual trees and masses of woodlands. A tree inventory has been submitted for this site and has been revised by staff to more accurately describe significant vegetation existing on site. It indicates that there are 64 individual significant trees and 23,900 square feet of significant woodlands on site. Individual tree species include maple(12"to 30"diameter), birch (12"diameter), cedar and spruce (6"to 20"diameter) and elm,boxelder,willow and cottonwood (12"to 30"diameter). The significant woodland area is comprised of scattered elm,boxelder,willow, and cottonwood trees. Development as proposed for this site will result in the removal of 18 significant trees (28.1% of the total) and in the removal of 22,070 square feet of significant woodlands (92.4% of the total). According to the City of Eagan Tree Preservation ordinance allowable removal for this type of development (single-phase multiple-lot multiple-unit residential) is set at 40%. 113 Planning Report—Transact Inc.Rezoning&Preliminary Subdivision August 24, 1999 Page 7 With a significant woodland removal more than allowable limits, there will be tree mitigation applied to this application. As the development is proposed,tree mitigation calculates to the installation of twenty-five(25) category A trees, or fifty(50)category B trees, or one hundred (100) Category C trees, or an equivalent combination of these trees. The Tree Preservation Plan shows seven(7)"trees counted to be preserved but modified by staff as trees to be removed. According to the City of Eagan Tree Preservation Ordinance, there is to be no grading or encroachment inside preserved trees critical root zone(CRZ). These seven trees are either located within areas to be graded or have encroachment within their CRZ. Parks - Cash park and trail dedication will be required for the newly created lots. For 1999, a cash park dedication fee of$1,235 per single family unit and $1,227 per duplex unit is required while a dedication of$163 per unit(regardless of type) is required for trailway dedication. Airport Noise Considerations - The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY/CONCLUSION While the proposed residential subdivision is consistent with the land use directives of the comprehensive plan, some question exists in regard to the appropriateness of twinhome uses upon proposed lots 1 and 2. Matters of land use appropriateness are however, considered matters of city policy to be determined by City Officials. In addition to the long term compatibility issues associated with proposed lots 1 and 2, several outstanding issues exist which will influence their buildability. These include setback requirements (both from Pilot Knob Road and the adjacent garage), right-of-way dedications and access. In light of these issues,the development of Lots 1 and 2 at this particular time appears premature and should not occur until such time as street access from the west is available. ACTION TO BE CONSIDERED A. To recommend approval a Rezoning of approximately 4.6 acres of land from A, Agricultural to R-1, Single Family(Lots 8 and 9) and R-2, Residential Double(Lots 1-7) located south of Englert Road and west of Pilot Knob Road in the southeast 1/4 of Section 16. B. To recommend approval of a Preliminary Subdivision (Waters Edge) located south of Englert Road and west of Pilot Knob Road in the southeast 1/4 of Section 16. If approved, the following conditions should apply: Planning Report—Transact Inc.Rezoning&Preliminary Subdivision August 24, 1999 Page 8 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, 2, 3 Cl, 2 Dl El 2. The property shall be platted. 3. Development of the property depicted as lots 1 and 2 shall not occur until such time as street access from the west is available. 4. Either the plat shall be reconfigured to eliminate the non-conforming garage setback or the garage shall be removed. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 6. The utility plan shall be revised so that a retaining wall is not constructed over the utilities extended to serve Lots 1 and 2. 7. This development shall maintain the integrity of this sanitary sewer service pipe to Parcels 013-79 and 030-79 and provide a private easement to allow its continued use as a service line. 8. The developer shall obtain sufficient drainage & utility easement from Parcel 030-79 for the proposed sanitary sewer line that crosses the northeast corner of Parcel 030-79. 9. The required tree mitigation calculates to the installation of twenty-five(25) category A trees, or fifty(50) category B trees, or one hundred (100) Category C trees, or an equivalent combination of these trees as mitigation for tree removal in excess of allowable limits. Mitigation shall be in addition to any city required landscaping. 10. 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. 11. 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. J Planning Report—Transact Inc.Rezoning&Preliminary Subdivision August 24, 1999 Page 9 12. A cash dedication in lieu of on-site ponding shall be required for the development. The cash dedication required based on the area and impervious characteristics of developed lots shall be approximately$5,600. 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 LTSX5 STANDARD.CON J FINANCIAL OBLIGATION WATERS EDGE There are pay-off balances of special assessments totaling $-0- on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels 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 Sanitary Sewer Lateral S.F. $21.85/F.F. 646 F.F. $14,115 Water Trunk S.F. $920/Unit 15 Units $13,800 Water Lateral S.F. $22.10/F.F. 122 F.F $2,696 TOTAL $30,611 r aEu seg cell ♦ •r; - - �� IA .4 F-wa l � r 11111111= © m 0 0 �� cw�;v '♦i�Cj� u��`� ,'��,�,� [7�� EJL]e]EJ�LJLJLJ 7r � fAM1r �A'wJ lMEM C-3 �A ,`� s .tom+�1 [>•O� aC� C07 O,Vr7 ,, / V Q �.■ nnr�ri �3 ♦ �� GO �� CV 11,, i�,� , [Jt��' LJE]EJLI t 7 WMGPIN LJ LJG�� '11111 �$ d� �� iie eiii�■.�� Son ��i�� 1►:!off _� �'.� vD,oe Ivo �\�� Q rr-jrIRIS .� ♦��/moi �� ,��■ c�■■.�.■�ee��I id �_ ,+City of Eagan TMS MAP 12 IWMNIDED FOR REFERENCE USE ONLY -kpawadbeeft�t The City of Sagas nod Dakota County do not guarantee the accuracy of this Infe, ation not respo"siblo for error*or omissions. Current Zoning and Comprehensive Guide Plan City of Eagan Land Use Map Case No. 16-RZ-09-07-99 and M MEIN rC w�� 1IS Mfg MEN a IN 2. Current Land Use Designation: ��1�I1. ./► ° '''� Imo, ►��i��\iii = :� �1 1n■ Mixed Residential (0-6 units/acre) p►fit.►• . ��•�^� 1� i �C ZGMV 1800-1018 IN bYL—§FM1I'19"MdqWa*9dbYCft*bft 4*City of Eagan THIS MAP 13 INTENDED FOR REFERENCIE USE ONLY E CWMFft DrAkpmW DepotneW + The City of Zagan and Dakota County do not guarantee fto accuracy of this Information. S `. A. i D t_t fit tI } G # a CTS ■ �y. cm IS uj Cu ��'� } � 'f---1. "�e• ,`. '�� I •,' �` ' C)' 1, 1 � ' J:�ti• •i( ff'`'' •. aI! tL {s �� • v J \1 { .. I ; I /,l ,. �� b , _"1. ,, :�;.� ._. ;' .fit �, _ ..#t, iL1 t U EL --- _ � _ � ''�' � •� - - ter#; �f� f� W E L 1 1 , 1 , 1 40 .. i 7 ro ` � ii�. i� ,�"� 1' iii; - r '' � �,.-c, }.,I • 1 � � Lp o s ; z i t tF l It .. .. H of f ' t ! i, I ------------ fill 1 1 PRELIMINARY SUBDIVISION ILI ---- - - - - _ _ - ---- J tA ' i BONN lx r--------- ri It II �• I - -- '� ' - ir'' ti ; I it tl ti Al 41 a i I I ' ----------- -------------- . =I GRADING & UTILITY PLAN _ � jjI u ! '` ' OVOt/ 90NH 10•l1d ��.• I ,. it : >r Sr c i i �' � : ---_------you. --— '--unoet�---` r.KK.o • _ i fid� s !�� I Lo fly Lo C � i � ` .,,�+.r 1 :.).) 1,, i i OJ--''t..—t k i E , S:• .. t' li y !� C ' 11 ; j � { �jl �� ' .a. t .�liiy 1 1 •]l.,i.•.' it 1 r� � yiy y�E L171 r •I.I � • ,• : �� } � Lj CL ct -------------- I j � i i I i.-• — � I • , ' s i 1 .iSi • 1. � �� •'' ;`" j' ' 1 1 1111! !11 I 1 •`.{011— S0.`-. -__ _' ., ' y •` F:a_: r , > a> a •aa J T C. ,•, . � � � � Ir R 1 t ! r.tll ft aarsa, �- 3' t 1 TREE PRESERVATION PLAN Planning Report—Transact Inc.Rezoning&Preliminary Subdivision August 24, 1999 Page 8 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, 2, 3 Cl, 2 Dl E1 2. The property shall be platted. 3. Development of the property depicted as lots 1 and 2 shall not occur until such time as street access from the west is available. 4. Either the plat shall be reconfigured to eliminate the non-conforming garage setback or the garage shall be removed. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 6. The utility plan shall be revised so that a retaining wall is not constructed over the utilities extended to serve Lots 1 and 2. 7. This development shall maintain the integrity of this sanitary sewer service pipe to Parcels 013-79 and 030-79 and provide a private easement to allow its continued use as a service line. 8. The developer shall obtain sufficient drainage & utility easement from Parcel 030-79 for the proposed sanitary sewer line that crosses the northeast corner of Parcel 030-79. 9. The required tree mitigation calculates to the installation of twenty-five(25) category A trees, or fifty (50) category B trees, or one hundred (100) Category C trees, or an equivalent combination of these trees as mitigation for tree removal in excess of allowable limits. Mitigation shall be in addition to any city required landscaping. 10. 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. 11. 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. J Planning Report—Transact Inc.Rezoning&Preliminary Subdivision August 24, 1999 Page 9 12. A cash dedication in lieu of on-site ponding shall be required for the development. The cash dedication required based on the area and impervious characteristics of developed lots shall be approximately$5,600. Agenda Information Memo September 21, 1999,Eagan City Council C. PRELIMINARY SUBDIVISION(EAGAN POINTE)—DUKE-WEEKS REALTY CORPORATION ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision(Eagan Pointe)to create five lots on approximately 16 acres located west of Hwy. 149 across from Chapel Lane and Rolling Hills Drive in the east '/z of Section 12. FACTS: • The northernmost portion of the site is currently under construction and is included in the subdivision in order to adjust the existing boundary between that site and the portion Duke-Weeks is proposing to develop from a north-south alignment to an east-west alignment so that it is perpendicular to the highway. The central portion of the site contains a single-family home and garage that is being removed, as well as several trees which are also being removed. The southern portion of the site is vacant and cultivated. • The proposed lots range from 1.7 acres to 10.5 acres,with Lot 1 at the north end of the site being 10.5 acres and already under construction. Duke-Weeks plans Lots 4 and 5 to be build-to-suit with each building under 20,000 sq. ft., and Lots 2 and 3 to be speculative office/warehouse buildings (57,600 and 128,000 sq. ft.) • The public access locations opposite Chapel Lane and Rolling Hills Drive are in accordance with the Access Management Plan for Hwy. 149 formally adopted by the City Council May 4, 1999 and approved by MnDOT. The City's current 5-Year CIP has the Hwy. 149 upgrade (to a divided roadway with a median) from Hwy. 55 to Wescott Road scheduled for 2002. • The Advisory Planning Commission held a public hearing on August 24, 1999 and recommended approval of both the Preliminary Subdivision subject to the conditions listed in the APC minutes. ISSUES: • This proposal has not been reviewed by the Advisory Parks and Recreation Commission(APrQ because the applicant did not submit a tree mitigation plan. Therefore,there is no tree preservation, parks and trails dedications, or water quality recommendation to pass on to the Council. • The City Forester reports that there are 54 significant trees on site and that mitigation calculates to one-hundred sixteen(116)category B trees(or the equivalent in Category A and/or C trees). The developer has recently submitted a letter and is requesting that the City consider an alternative application of the ordinance by proposing to oversize some of the landscape trees they will be installing with this development. The Forester does not support this alternative since it does not result in any additional trees,and equates to about 25%of the required mitigation amount. ATTACHMENTS: August 24, 1999,APC Minutes,pages through Staff Report,pages L4'through 14T— Letter from Duke-Weeks regarding tree mitigation,pages /<AthroughJ5 Page 12 a August 24, 1999 ADVISORY PLANNING CONMUSSION PRELIMINARY SUBDIVISION DUKE WEEKS REALTY CORPORATION Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision to create five lots on 26.7 acres located west of Highway 149 across from Chapel Lane and Rolling Hills Drive in the west '/2 of Section 12. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated August 19, 1999. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Kevin Maas representing the applicant, indicated that he was available to answer questions. A resident inquired as to the location of lead contamination that was referred to in the Planning Report and asked what other parcels might be affected. Another resident inquired as to the timing for the road improvements associated with Highway 149. The applicant stated that the majority of contaminated soil is located on Lot 5 to a depth of more than four inches from the surface. It is the intention to integrate the contaminated soil with the top soil and spread the material under a parking lot. This site has been placed within the MPCA Vic program. City Engineer Gorder indicated that the upgrade of Highway 149 has now been placed within the City's Capital Improvement Program and could be expected to occur in 2002 or 2003. Items such as traffic lights will be reviewed with the design data to determine if the volume of traffic warrants signalization. Chair Heyl closed the public hearing. Chair Heyl stated that the mixed office showroom is the better use for the neighbors and that the berming and landscaping will help shield truck traffic. Member Anderson moved, Member Frank seconded, a motion to recommend approval of a Preliminary Subdivision to create five lots on 26.7 acres located west of Highway 149 across from Chapel Lane and Rolling Hills Drive in the west '/2 of Section 12, subject to the following conditions: General Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B 1, 132, B3, B4, C 1, C2, C4, Dl, E1. 2. The property shall be platted. /�6 Page 13 August 24, 1999 ADVISORY PLANNING CON USSION Setbacks 3. The development plans shall provide the minimum required 5-foot pavement setback for southern drive aisle on Lot 3. Storm Drainage 4. The developer shall be responsible for the construction of the storm sewer pipe outlet from Pond EP-4.1 to Pond EP-2 within"North Park". 5. The developer shall be responsible for all costs associated with the force main pipe relocation within the development in accordance with City engineering standards. Wetlands/Water Ouality 6. The development shall meet its water quality mitigation requirement entirely through on-site ponding. 7. The pond excavation shall incorporate a 5-foot wide aquatic bench extending from NWL to I foot below NWL and side slopes below the aquatic bench should be 3:1 to a maximum depth of 10.5 feet. 8. The proposed ponding area shall be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .6 acres and 2.6 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins. Access/Street Design 9. Prior to final subdivision approval, the developer shall provide proof of the access easement allowing their use of the private service drive along the southern boundary of this site. 10. The development plan shall be revised to provide a minimum drive lane width of at least 24 feet at all points. Easement/Rights-of-WUTermits 11. The developer shall obtain MnDOT permit approval for all construction (access, grading) within Hwy. 149 right-of-way. The developer shall also be responsible for the construction of all improvements on Hwy. 149 required by MnDOT as part of permit approval, including possible turn lanes, bypass lanes, etc. 12. The developer shall obtain permit approval from Metropolitan Council Environmental Services for the connections to the sanitary sewer along the west edge of the site. lad Page 14 August 24, 1999 ADVISORY PLANNING CONMSSION - :x 13. The developer shall be responsible for obtaining permit approval from the appropriate railway company for the extension of the pond pipe outlet across the existing railroad tracks west of Pond EP-4.1. Landscayin 14. The landscaping for Lots 2-5 will be reviewed for compliance with City Code requirements at the time of the building permit for each lot. Landscaping along the east side of the site adjacent to the highway shall provide 75% screening of the parking lots as required by City Code, and each of those lots shall contain plant materials equal to about 3% of the building value. Tree Preservation 15. Prior to final subdivision approval, the developer shall submit a Tree Preservation Mitigation Plan with the landscape plan that provides for the installation of one-hundred sixteen (116) category B trees (or an equivalent combination of Category A, B and/or C trees), subject to review by the City Forester. Tree mitigation shall be in addition to landscaping required by the City Code. Mitigation plantings shall be identified both graphically on the plan and on the legend. 16. 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, if any. 17. 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. Parks and Recreation 18. This development will be subject to a cash park and trail dedication. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 1999 CASE: 12-PS-17-07-99 APPLICANT: Duke-Weeks Realty Corporation HEARING DATE: August 24, 1999 PROPERTY OWNER: Duke Weeks Realty Corp. PREPARED BY: Pamela Dudziak & Dart Transit REQUEST: Preliminary Subdivision LOCATION: West of Hwy. 149 across from Chapel Lane and Rolling Hills Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REOUEST Duke-Weeks Realty Corporation is requesting a Preliminary Subdivision to create 5 lots on 26.7 acres located west of Hwy. 149 across from Chapel Lane and Rolling Hills Drive in the west '/z of Section 12. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that"In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including,but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage / 0) Planning Report—Duke-Weeks Realty Corp. August 24, 1999 Page 2 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization"which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The site consists of three parcels. The southernmost parcel is about 9 acres in area, is vacant and cultivated. The applicant indicates there is some lead contamination on this portion of the site which will be corrected with the excavation for this development. The excavation and clean-up activity will be monitored by the Minnesota Pollution Control Agency. The middle parcel consists of approximately 7.7 acres, contains a single family home and garage as well as several 130 Planning Report—Duke-Weeks Realty Corp. August 24, 1999 Page 3 trees. The residence was vacated in early August and will be removed. This parcel was platted in 1998 as Brookstone Amcon Addition,which consolidated four small and odd-shaped parcels into one. The northernmost parcel consists of approximately 10 acres and is owned by Dart Transit. A Conditional Use Permit for outside storage of semi-tractor trailers was issued for this parcel earlier this year and grading on this site has commenced. This northernmost parcel is included in the proposed subdivision in order to adjust the lot line between it and the adjacent parcel to the south from a north-south alignment to an east-west alignment so that it is perpendicular to the highway. EXISTING CONDITIONS The central portion of the site contains a single-family home and garage that will be removed, as well as several trees. The northern portion of the site is under construction, and the southern portion of the site is cultivated. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Kwik Trip (under construction); zoned I-1 (Limited Industrial); guided IND (Limited Industrial South - Gopher Smelting and Recycling; zoned PD (Planned Development); guided IND East - Residential; zoned R-1 (Single-Family Residential) and R-3 (Residential Townhouse) West - Eco-Resource CenterNacant/Power Brake Equipment Co.; zoned I-l; guided IND EVALUATION OF REOUEST Compatibility with Surrounding Area- In 1997, the City completed a Trucking Study which resulted in a more in-depth evaluation of the land use and development potential for this area west of Hwy. 149. The primary issues were proximity to residential neighborhoods across Hwy. 149 and congestion and safety of the highway corridor. At that time, the Advisory Planning Commission (APC) and City Council determined that this area should remain designated and zoned for limited industrial development and this development is consistent with that determination. Airport Noise Considerations—The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area,office/warehouse development is considered to be consistent. Planning Report—Duke-Weeks Realty Corp. August 24, 1999 Page 4 Lots/Density—The proposed lots range from 1.7 acres to 10.5 acres, with Lot 1 being 10.5 acres and already under construction with a 7,200 s.f. building and truck and trailer storage lot. The buildings proposed for Lots 2— 5 all fall within the 35%maximum lot coverage area. The table below shows the proposed building sizes, lot sizes, and lot coverage ratios for Lots 2—5. Building Size Lot Area Lot Coverage Lot 2 128,000 s.f. 371,650 s.f. (8.5 acres) 34.5% Lot 3 57,600 s.f. 180,121 s.f. (4.1 acres) 31.5% Lot 4 19,200 s.f. 72,985 s.f. (1.7 acres) 24.5% Lot 5 15,770 s.f. 84,759 s.f. (1.9 acres) 19.0% Setbacks—The I-1 zoning district requires minimum building setbacks of 50 feet from a state highway, and 20 feet from side and rear lot lines. Parking lots require a minimum five-foot setback from side and rear lot lines, and a 20-foot setback from public rights-of-way. The preliminary development plan shows compliance with these setbacks, except for the drive lane between Building B and C (Lots 3 and 4). The drive lane is set entirely on Lot 3 and the drive lane extends to the property line. This drive provides internal circulation to the rear of the site and its location is dictated by the access to the highway, which aligns with Rolling Hills Drive. A variance would be required for this zero-pavement setback. However, it appears that there may be enough space to eliminate a variance while not adversely affecting the 20-foot minimum building setback for the building on Lot 4. The development plan and/or plat should be revised to provide the minimum required 5-foot pavement setback for southern drive aisle on Lot 3. Grading - The preliminary grading plan is acceptable. The site is generally open and slopes toward the northwest. The first floor elevation of the building on Lot 2 is proposed to be 6 to 7 feet below the grade of Highway 149 while the other three buildings on Lots 3, 4 & 5 are proposed to be nearly level with 149. The developer should obtain permit approval for any grading within MnDOT right-of-way of Highway 149. Storm Drainage -The preliminary storm drainage is acceptable. Storm water runoff from the entire site will drain via public storm sewer to a storm water basin (Pond EP-4.1 as designated in the City's Storm Water Management Plan- 1990) to be constructed in the northwest corner of the development. Drainage from Pond EP-4.1 will outlet to the west under the railroad tracks and through the future "North Park"via a storm sewer pipe into Pond EP-2. The developer should be responsible for the construction of this storm sewer outlet. A portion of the existing storm water force main pipe, which runs through the site, and drains Burr Oak Pond (Pond GP-1) to Pond EP-2 is to be relocated within the development to accommodate the proposed building on Lot 2. The developer should be responsible for all costs associated with this pipe relocation in accordance with City engineering standards. 13� Planning Report—Duke-Weeks Realty Corp. August 24, 1999 Page 5 Wetlands/Water Quality—This 16-acre commercial development is located in Drainage Basin E in central northeast Eagan. The development will generate runoff that is designed to discharge to EP-2, which was recently upgraded to a recreational waterbody in the City's Water Quality Management Plan, and therefore warrants a higher level of protection. Pond EP-2 discharges to EP-1, a designated nutrient trap,which in turn discharges to Pond FP-1, an 18-acre pond also designated as a nutrient trap,which in turn discharges to Pond FP-14, a designated stormwater management basin,which then discharges to the Minnesota River bottomlands. There is one recreational classified water body downstream of the proposed development. Water quality requirements should be met through on-site ponding to treat this runoff prior to discharge to Pond EP-2. The grading plan shows a stormwater ponding area constructed in the northwestern portion of the site to treat runoff from this development. The excavation should be conducted to include a 5 foot wide safety bench just below the normal water elevation and that the side slope below the bench not exceed 3:1. The pond should have a minimum wet volume of 2.6 acre-feet. There are no jurisdictional wetlands within the development area. Utilities - The preliminary storm drainage plan is acceptable. Sanitary sewer and water main are available for connection by this development. Access/Street Design- Public access is proposed on Highway 149 at three locations; two directly onto Highway 149 opposite Chapel Lane and Rolling Hills Drive and one via a private service drive along the south edge of the site that leads to Highway 149. The private drive currently serves only Gopher Resources but is covered by a private ingress/egress easement allowing for use by this development. The developer should provide proof of this easement to the City prior to final subdivision approval. Private service drives within the proposed parking areas provide the internal circulation between the lots within the site. The public access locations are in accordance with the Access Management Plan for Hwy. 149 formally adopted by the City Council May 4, 1999 and approved by MnDOT. The upgrade of Hwy. 149 from Hwy. 55 to Wescott Road(to a divided roadway with a median) is scheduled in the City's current 5-Year Capital Improvement Program (CIP 2000-2004) for 2002. Current traffic volumes (1998) on Hwy. 149 in the area are 18,600 vehicles per day. With ultimate development of this site (four office/warehouse buildings on four lots), it is estimated to generate approximately 1,600 vehicle trips per day. This development proposal has been sent to MnDOT for their review and comment,but at the time of the writing of this report, their comments had not been received. The drive lane between Lots 3 and 4 appears rather narrow,particularly since it will be used by trucks to access the loading areas behind the buildings. 'The development plan should be revised to provide a minimum drive lane width of at least 24 feet at all points. Widening the drive aisle to the south would also provide a better alignment with the highway access. 133 Planning Report—Duke-Weeks Realty Corp. August 24, 1999 Page 6 Easements/Rights of WU/Permits -The developer should obtain MnDOT permit approval for all construction (access, grading)within Hwy. 149 right-of-way. The developer should also be responsible for the construction of all improvements on Hwy. 149 required by MnDOT as part of permit approval, including possible turn lanes, bypass lanes, etc. The developer should obtain permit approval from Metropolitan Council Environmental Services for the connections to the sanitary sewer along the west edge of the site. The developer should be responsible for obtaining permit approval from the appropriate railway company for the extension of the pond pipe outlet across the existing railroad tracks west of Pond EP-4.1. Landscaping—The preliminary landscape plan shows a variety of overstory deciduous and evergreen trees and incorporates different shrubs and perennials. The landscaping will be reviewed for compliance with City Code requirements at the time of the building permit for Lots 2-5. Landscaping along the east side of the site adjacent to the highway should provide 75% screening of the parking lots as required by City Code, and each of those lots should contain plant materials equal to about 3%of the building value. The landscaping along the east side of Lots 4 and 5 appears to meet the screening standards, but the landscaping on Lots 2 and 3 is not quite as substantial and the level of screening provided will need to be verified at the time of building permit. Parking lot islands are provided as required, and are proposed to be landscaped with overstory trees and perennials. Foundation plants for Lots 2 and 3 consist of evergreen shrubs (juniper) in front and deciduous shrubs (dogwood and spirea) along the sides of the buildings. Lots 3 and 4 appear to utilize more trees. The pond area is also proposed to be landscaped. As discussed in the Tree Preservation section of this report, the preliminary landscape plan does not account for planting of trees to satisfy the required tree mitigation, and any trees satisfying mitigation requirements are in addition to the required landscaping. The landscape plan should be revised prior to final subdivision approval, and should include the required tree mitigation, and the mitigation plantings should be identified both graphically and on the legend so compliance with ordinance requirements can be determined. Tree Preservation—The site is largely open with the exception of the trees around the house. These appear to have been planted some years ago to shelter the home. The tree inventory has been modified by staff to more accurately describe significant vegetation on this site. The inventory indicates that there are 54 individual significant trees on site. Development as proposed will result in the removal of all 54 of the significant trees (100% of the total). According to the City of Eagan Tree Preservation ordinance allowable removal for this type of development (single-phase multiple-lot commercial) is set at 47.5%. With a significant woodland removal more than allowable limits, there will be tree mitigation applied to this application. As the development is proposed, tree mitigation calculates to the / 3)� Planning Report-Duke-Weeks Realty Corp. August 24, 1999 Page 7 installation of fifty-eight (58) category A trees, or one-hundred sixteen (116) category B trees, or two-hundred thirty-two (232) category C trees, or an equivalent combination of these trees. Mitigation shall be in addition to any city required landscaping. At the writing of this report the applicant had not submitted a Tree Preservation Mitigation Plan. Prior to final subdivision approval, the developer should submit a Tree Preservation Mitigation Plan that provides for the installation of one-hundred sixteen (116) category B trees (or an equivalent combination of Category A, B and/or C trees), subject to review by the City Forester. Mitigation shall be in addition to landscaping required by the City Code. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) should 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, if any. The applicant should 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. Parks and Recreation - This development will be subject to a cash park and trail dedication. Because the Tree Mitigation plan was incomplete, this proposal did not receive any recommendation from the Advisory Parks and Recreation Commission (APrQ at their August 16`h meeting on either the tree preservation and mitigation or water quality issues. The conditions proposed by staff are included in this report for the APC's consideration, and this development proposal is anticipated to go before the APrC for a recommendation in September prior to the September 21s' City Council meeting. Signage-All signage should comply with the City of Eagan Sign Ordinance. Li htin -A site lighting plan was not submitted. Lighting is required to provide sufficient illumination for security, safety and traffic circulation. Lighting shall not be directed upon public rights-of-way or adjacent properties and such illumination shall be indirect and diffused. SUMMARY/CONCLUSION Duke-Weeks Realty Corporation is requesting a Preliminary Subdivision to create 5 lots on 26.7 acres located west of Hwy. 149 across from Chapel Lane and Rolling Hills Drive in the west % of Section 12. zoning. The northern 10 acres is owned by Dart Transit and the proposed subdivision adjusts the lot line between Duke-Week's property and Dart's property to be perpendicular to the highway. The site is proposed to be subdivided into five lots ranging from 1.7 to 10.5 acres in size. Two new access points are proposed across from Chapel Lane and across from Rolling Hills Drive,with internal circulation between the lots. We have not yet received comments from MnDOT, or from the City's Advisory Parks and Recreation Commission. i Planning Report—Duke-Weeks Realty Corp. August 24, 1999 Page 8 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Eagan Pointe) to create five lots on 26.7 acres west of Hwy. 149 at Chapel Lane and Rolling Hills Drive in the west %2 of Section 12. If approved, the following conditions should apply. General Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Bl, B2, B3,B4, Cl, C2, C4,Dl, El. 2. The property shall be platted. Setbacks 3. The development plans shall provide the minimum required 5-foot pavement setback for southern drive aisle on Lot 3. Storm Drainaize 4. The developer shall be responsible for the construction of the storm sewer pipe outlet from Pond EP-4.1 to Pond EP-2 within"North Park". 5. The developer shall be responsible for all costs associated with the force main pipe relocation within the development in accordance with City engineering standards. Wetlands/Water Quality 6. The development shall meet its water quality mitigation requirement entirely through on-site ponding. 7. The pond excavation shall incorporate a 5-foot wide aquatic bench extending from NWL to 1 foot below NWL and side slopes below the aquatic bench should be 3:1 to a maximum depth of 10.5 feet. 8. The proposed ponding area shall be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .6 acres and 2.6 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins. 3 :12 Planning Report—Duke-Weeks Realty Corp. August 24, 1999 Page 9 Access/Street Design 9. Prior to final subdivision approval, the developer shall provide proof of the access easement allowing their use of the private service drive along the southern boundary of this site. 10. The development plan shall be revised to provide a minimum drive lane width of at least 24 feet at all points. Easement/Rights-of-Way/Permits 11. The developer shall obtain MnDOT permit approval for all construction(access, grading) within Hwy. 149 right-of-way. The developer shall also be responsible for the construction of all improvements on Hwy. 149 required by MnDOT as part of permit approval, including possible turn lanes,bypass lanes, etc. 12. The developer shall obtain permit approval from Metropolitan Council Environmental Services for the connections to the sanitary sewer along the west edge of the site. 13. The developer shall be responsible for obtaining permit approval from the appropriate railway company for the extension of the pond pipe outlet across the existing railroad tracks west of Pond EP-4.1. Landscaping 14. The landscaping for Lots 2-5 will be reviewed for compliance with City Code requirements at the time of the building permit for each lot. Landscaping along the east side of the site adjacent to the highway shall provide 75% screening of the parking lots as required by City Code, and each of those lots shall contain plant materials equal to about 3% of the building value. Tree Preservation 15. Prior to final subdivision approval, the developer shall submit a Tree Preservation Mitigation Plan with the landscape plan that provides for the installation of one-hundred sixteen (116) category B trees (or an equivalent combination of Category A, B and/or C trees), subject to review by the City Forester. Tree mitigation shall be in addition to landscaping required by the City Code. Mitigation plantings shall be identified both graphically on the plan and on the legend. 16. 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, if any. 1312 Planning Report—Duke-Weeks Realty Corp. August 24, 1999 Page 10 17. 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. Parks and Recreation 18. This development will be subject to a cash park and trail dedication. 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. 139 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 1�0 FINANCIAL OBLIGATION EAGAN POINTE There are pay-off balances of special assessments totaling $-0- on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels 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 Availability Charge C.I. $3,030/Ac. 11 Ac $33,330 TOTAL $33,330 Eagan amm"ry Street Comed in* Parcel Area ion Map Building Footprint W d LA i■aa E�■ ■c� _ �■IZ�►��f��© ®fo �©�° Aar j • oN ��C��lla4�� . ..� mem ■■GO��■Q�� ► �i�wo� �%�■0 NOR IM ..J o �j ■■��I■■ � � - •��1/111111��11 SEEN was seiiiiiin Development/Developer. Eagan Pointe Application: Preliminary 0 1 Subdivision Case No.: . . *C ity of Eagan THIS MAP 13 INTENDED FOR REFERENCE USE ONLY -i C*�fty D.W*1.P—"t D.Partme" The City of Eagan and Dakota County do not guarantee the accuracy of this Information and not responsible for errors or omissions. Current Zoning and Comprehensive Land Use • Case No. 12-PS-17-07-99 V"'Imie ■■■■!��■■■ %-;\ �i■■■■■■�• id WE �I■1�� ■rte SIMMONS/ �� ' tr � 't� � �' �F�i riff i 1 L[I fi� I I,r fir'~•-'�iT - ' I Ifit rr lox r '7e' i � • ��` m �I �� ; • tip � � t�jn� o I�I � r� ;� r •r �� f•.tz J� - f � . ;ff � •r m � I � F /� /f � i r o c fir` ljl�a � I �� ii / �� •�� = r; 0 �� PRELIM. PLAT 1 1 t y ' pp} €ilk§ 0 tea •1I&f� t Z ��' !'` �A 1.9 <m< 5IIEeS • ° ' �' m •,k.s 5 f� \ i zlrttiI 'i PRELIM. SI LAN WG WAY 1N ti i 1� bMMC E. y �[ WTA - prALS/IARY D[tldA/umMT PLAM i j - 13 y '• m ' -�1 } AN O= .+ II� III n • . — \ , sz . 11F /j6 RELIM. GRADING ! IC EAGAN POINTE WAREHOUSE 113t F . ' O rtlt E.^.N. -- ---" All E om i i _ • am �� I �I I� foo. - a.y.,..�; a: .. `:\``� •1\ Z) 6 PRELIM. ITY PLAN EAGAN POINTE WAREHOUSE r c Pa� { •( Ewc�. uir4w E50 r• •2. r ,ani► L.r, :.•,�" i @!'� j ti{ +• �f Fi Iii I( I�tli t(�� !C t ..tt �� I J �r -- _�� _- __ _ I o N N 1 � rn M m O > i 1 i is H . . lot �a / PRELIM. PLAT OlL✓'�JLJJ 14:36 FAX 6125432997 DUKE CONSTRUCTION Z002/003 W.Duke-weeks REALTY CORPORATION September 14, 1999 Mr. Gregg Hove Supervisor of Forestry City of Eagan 3501 Coachman Point Eagan, Minnesota 55122 VIA FAX 651-681-4360 Re: Proposed Eagan Pointe Subdivision Dear Mr. Hove: The purpose of this letter is to review our proposed subdivision of Eagan Pointe along Highway 149 in Eagan, Minnesota. We hereby request a waiver from Strict compliance of Ordinance 217, Section 11.10 Subdivision 15.1 tree preservation Duke is proposing to subdivide and develop an industrial use on a platted lot, zoned for an industrial use. Therefore, the single family home, which the trees are associated with, is a non-conforming use. The trees that we have been asked to mitigate have served the purpose of windbreak for the non-conforming single family structure. Strict interpretation of the Ordinance results in unnecessary hardship for and deprives Duke Weeks of the reasonable use of the land. We hereby submit the following for the City's consideration: 1. Preservation is the main purpose of Ordinance. Removal of the trees is a result of the removal of a non-conforming use; which achieves a higher standard within the Code. 2. In the context of the imminent loss of the non-conforming use, the demolition diminishes the function of windbreak and shelterbelt for the single family home. After demolition of the single family home, the trees do not serve any recreational, environmental or significant natural beauty. 3. The existing trees are not maintained (similar to the single family home) and are visually not that appealing. 4. The overall site has been an agricultural use for years with no significant vegetation present. 5. The development will increase the amount of trees on the overall 16 acres by close to 3 times. 1550 Utica Avenue South Suite 120 Minneapolis, MN 55416 Phone: 612.543.2900 1 6125432997 14:36 FAX 6125432997 DUKE CONSTRUCTION 01003/003 Page 2 of 2 Mr. Hove September 14, 1999 6. No mitigation on this site does not jeopardize the health, safety and welfare of the community, but, rather it enhances it by cleaning up air borne lead on the site which requires grading the entire parcel. 7. The site is constrained by Highway 149, railroad tracks, storm water pond requirements, and storm pressure main. In keeping within the spirit of the subdivision requirements Duke Weeks is willing to upgrade the size of 30 of the 65 planned spruce trees as shown on the preliminary plan. We propose to increase the size from 7 feet to up to 12 feet in size (depending upon availability). We estimate the difference between a 7-foot spruce and a 12-foot spruce is 5 to 6 years of growth, and$430 in wholesale cost. We hope that the Parks Commission has time to view the site and recommend mitigation consistent with this request. This proposal for mitigation is proportionate to the actual environmental impact to the community. For the reasons stated above, this request meets the criteria for a waiver. Sincerely, Duke Weeks Realty Corporation, Inc. Kevin G. Maas Development Services Manager Kgm C:Audit Tarpley Robb Johnson Brian Smith - Ken Vraa Paul Olson Pam Dudziak Agenda Information Memo September 21, 1999 Eagan City Council D. PRELIMINARY SUBDIVISION (RATHMAN ACRES)—GREG AND VALERIE RATHMAN ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision to create three lots on 3.27 acres with a Variance to lot width for Lot 3, for property located east of Blackhawk Road just north of Silver Bell Road in the southeast 1/4 of Section 17, subject to the conditions listed in the APC minutes. FACTS: • The existing house was constructed in 1958 and this 3.27-acre parcel is a remnant from the 1997 GVR Acres subdivision of 15 acres. The existing home takes access directly from Blackhawk Road. The property slopes down to the northeast toward Blackhawk Lake. • This site lies entirely within the shoreland overlay zone of Blackhawk Lake, a recreational development lake, and is therefore subject to regulation under the Shoreland Ordinance section of the city's Zoning Code. An existing conservation easement extends over the property to 100 feet from the ordinary high water level. • Tree preservation will be determined by Individual Lot Tree Preservation Plans submitted for Lots 1 and 3 at the time of application for building permit. • The Advisory Planning Commission held a public hearing on August 24, 1999, and failed to recommend approval. The primary reason the APC did not support the proposed subdivision was because of the proposed lot width Variances at the shoreline and the objections raised by the DNR. ISSUES: • Since the public hearing, the applicant has revised the proposed subdivision in order to eliminate the Variance to lot width at the Ordinary High Water Level (OHWL)by keeping shifting the boundary between Lots 2 and 3 to keep the full length of the existing shoreline intact on a single lot. • A Variance is still needed for lot width at the front setback line for Lot 3. The width of Lot 3 in that location still exceeds the 85 feet required by the R-1 zoning district,but is less than the 100 feet specified in the Shoreland ordinance. The location of the existing house limits the width of Lot 3. • The APC reviewed the revised subdivision at their workshop on September 9, 1999, and recommended approval. ATTACHMENTS: August 24, 1999 APC Minutes, pages L,53+�fi gtr Revised Preliminary Subdivision, pat Revised letter from DNR, page Staff Report, pages 15Z through /5a Page 15 August 24, 1999 ADVISORY PLANNING CONMISSION _,• '.-w`! „ ' 'r :� PRELIMINARY SUBDIVISION GREGORY & VALERIE RATHMAN Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Rathman Addition) with a Variance to the lot width provision of the Shoreland Ordinance, to create three single-family lots on 3.27 acres located at 3760 Blackhawk Road in the SE'/4 of Section 17. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated August 19, 1999. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak highlighted the need for a variance to the Shoreland Ordinance. Ms. Dudziak noted that the Minnesota DNR had submitted comments and was strongly opposed to the variance and referred the APC to the DNR's letter of August 17, 1999. The applicant addressed the APC and stated that the proposed subdivision was consistent with the previous plat approved for their property. Chair Heyl inquired as to the hardship behind the request for the variance. The applicant stated that there were no more lakeshore available. Chair Heyl closed the public hearing. Member Frank indicated that he foresaw no problem with the three lots but was concerned about the restrictions with the DNR. Chair Hey] noted that the applicant could reconfigure the lots so as to eliminate the need for the variance. Chair Heyl stated that she found no support for hardship. Member Frank moved, Member Anderson seconded, a motion to recommend approval of a Preliminary Subdivision (Rathman Addition) with a Variance to the lot width provision of the Shoreland Ordinance, to create three single-family lots on 3.27 acres located at 3760 Blackhawk Road in the SE'/4 of Section 17: All voted against. 15-3 r i♦ 1 � I L l J �1f' L-L I / 1 n �- d 1 c.j L 1- coRii� 1 cm g r \ �, { =7�liOt N[ �INVH}i�Kl9 I �� / PRELIM. SUBDIVISION (REVISED) of MINN _ y�P Minnesota Department of Natural Resources REC r P%FL) Metro Waters - 1200 Warner Road, St. Paul, MN 55106-67 3 i yF Telephone: (651) 772-7910 Fax: (651) 772-7977 BY: NATURP� September 3, 1999 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 RE: REVISED PRELIMINARY SUBDIVISION,LOT 1,BLOCK 1, GVR ACRES,BLACKHAWK LAKE (#19-59) Dear Ms. Dudziak: I have reviewed the revised preliminary subdivision for Rathman Acres you faxed me. It is a modification of the GVR Acres preliminary subdivision I reviewed and commented on August 17, 1999. I appreciate the applicant re-drawing lot lines to more closely conform with the provisions of your zoning ordinance. I note that the revised drawing also has a high water elevation of 792.3'indicated. This should be corrected to indicate that the ordinaa high water elevation(OHW)is 792.3'. The high water elevation is something higher in elevation. My two earlier written recommendations also included identifying Blackhawk Lake as DNR #19-59, and indicating the ordinary high water elevation contour on the plat drawings. These two earlier recommendations have not been implemented. The OHW is of particular significance,since riparian lot size,setback,and width at OHW are measured from this point. The OHW contour should be depicted on the final drawing. Finally,once the lot width at the OHW is determined,a variance will be required if the width at the 792.3 contour is less than 100 feet. Please submit a copy of the final plat drawing for my review. Likewise, if a variance is required, a copy of the variance notice must be submitted to DNR. Thank you for the opportunity to review and comment on the revised subdivision. If you have any questions, please contact me at 651-772-7917. Sincerely, Patrick J. Lynch III Area Hydrologist /550'� DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer F% Printed on Recycled Paper Containing a Who Values Diversity +.4F Minimum of 1o%Post-Consumer Waste PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 1999 CASE: 17-PS-14-06-99 APPLICANT: Greg and Valerie Rathman HEARING DATE: August 24, 1999 PROPERTY OWNER: Greg and Valerie Rathman PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision LOCATION: 3760 Blackhawk Road COMPREHENSIVE PLAN: D-I, Single-Family Residential (0-3 units/acre) ZONING: R-1, Single-Family Residential and Shoreland Overlay of Blackhawk Lake SUMMARY OF REQUEST The Rathman's are requesting approval of a Preliminary Subdivision (Rathman Addition) with a Variance to the lot width provision of the Shoreland Ordinance, to create three single-family lots on 3.27 acres located at 3760 Blackhawk Road in the SE '/<of Section 17. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council C. That the physical characteristics of the site including, but not limited to,topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding,water storage and retention are such that the site is suitable for the type of development or use contemplated. �sv Planning Report—Rathman Addition August 24, 1999 Page 2 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." Shoreland Overlay: City Code Section 11.21, Shoreland Zoning, Subd. 6, C Variances states: 1. No variance may be granted except in accordance with Minnesota Statues, Chapter 462 and the provisions of this Chapter. A variance shall not circumvent the general purposes and intent of this Section. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance with l,5 9 Planning Report—Rathman Addition August 24, 1999 Page 3 this Chapter, and to protect adjacent properties and the public interest. In considering a variance request, the City Council will also consider whether the property owner has reasonable use of the land without the variance,whether the property is used seasonally or year-round,whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. 2. The City shall hear and decide requests for variances, including variances for sewage treatment systems in shoreland districts, in accordance with the zoning provisions governing variances. When a variance is approved after the Department of Natural Resources and formally recommended denial in the hearing record, the notification of the approved variance required therein shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. 3. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. All variances granted shall require reconstruction of a nonconforming sewage treatment system. Variance: City Code Chapter 11, Section 11.40, Subd. 3, C states that the Council may grant a variance and impose conditions and safeguards therein if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That 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 existing house was constructed in 1958. The original 15 acres was subdivided into 10 lots in 1997 (GVR Acres), leaving the existing home on a 3.27-acre parcel. The GVR Acres subdivision also included Variances to the minimum lot width standards for some lots. The Rathman's are now interested in further subdividing the remaining 3.27 acres into three lots, one Planning Report—Rathman Addition August 24, 1999 Page 4 of which will contain the existing home. An existing conservation easement extends over the property to 100 feet from the ordinary high water level. EXISTING CONDITIONS The existing home takes access directly from Blackhawk Road. The property slopes down to the northeast toward Blackhawk Lake. This site lies entirely within the shoreland overlay zone of Blackhawk Lake, a recreational development lake, and is therefore subject to regulation under the Shoreland Ordinance section of the city's Zoning Code. CODE REQUIREMENTS The Shoreland Ordinance establishes standards for development which are to be applied in addition to the underlying or base land use zoning, in this case R-1. In the joint application of both base zoning and shoreland zoning standards, the most restrictive regulations apply. All proposed lots are subject to the R-1 zoning standards. In addition, the Shoreland zoning distinguishes between riparian and nonriparian lots. Lots 2 and 3 are riparian, Lot 1 is non- riparian. The R-1 and Shoreland zoning standards are summarized in the following table. Lot Lot Width at Setbacks Building Lot Size Width Shoreline Height Coverage R-1 12,000 s.f. 85' N/A Front 30' 2 '/Z 20%bldg. (All lots) Side stories Coverage 10' house area 5' garage Rear 15' Shoreland Avg. Size 100' 100' 75' bldg. .35' 25% Riparian Riparian: from impervious Lots 2 and 3 20,000 s.f. OHWL* surface NonRiparian Nonriparian Lot 1 15,000 s.f. *OHWL=Ordinary High Water Level SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Single-family residential; zoned R-1 (Single Family Residential); guided D-I (Single- Family Residential) South - Single-family residential; zoned R-1; guided D-I /,S-? Planning Report—Rathman Addition August 24, 1999 Page 5 East- Single-family residential; zoned R-1; guided D-I West - Townhomes; zoned R-3 (Residential Townhouse); guided D-III (Mixed Residential) EVALUATION OF REQUEST Compatibility with Surrounding Area—This large lot single-family development appears compatible with surrounding residential development. Densi —The proposed three lots on 3.27 acres results in a density of just under one unit per acre (.92 units/acre). Lots—All of the proposed lots satisfy the minimum lot area requirements. The proposed lot areas are as follows: Lot 1 =33,375 sq. ft.; Lot 2 = 60,577 sq. ft.; and Lot 3 =48,315 sq. ft. A Variance to the lot width is proposed for Lots 2 and 3. The Shoreland Overlay zoning requires a 100-foot lot width for riparian lots, and this lot width is to be satisfied at both the ordinary high water level and the minimum front setback line. Lot 2 has sufficient width at the building line, but not at the OHWL, and Lot 3 does not satisfy the 100-foot width either at the building line or at the OHWL. All of the lots satisfy the R-1 zoning width of 85 feet at the building line. The purpose of the lot width requirement is to maintain water quality and a natural shoreland appearance by avoiding crowding of structures and water-oriented"toys," and limiting vegetation removal near the lakeshore. To some extent the conservation easement achieves these goals, but does not alleviate the problem of further dividing shoreline into smaller segments. The Minnesota Department of Natural Resources (DNR)has submitted comments and is "strongly opposed"to the Variance stating that the existing parcel already does not meet the minimum 100 feet of frontage at the OHWL. The DNR recommends reconfiguring the subdivision with only one riparian lot,keeping the entire length of its available shoreline on one parcel. The DNR also noted that the OHWL for Blackhawk Lake is 792.3 feet,but it is not noted or shown on the plat. The OHWL should be shown on the plat in order to accurately determine the actual lot width and other measurements that are dependent upon the OHWL. Additionally, Blackhawk Lake should also be identified on the plat as DNR#19-59. The lot width at the building line for Lot 3 is somewhat dictated by the location of the existing house and the need to maintain a minimum side yard setback from the new property line between Lots 2 and 3. However, the existing house is proposed to be setback 15 feet from the south lot line of Lot 2,whereas a setback of only 10- feet is required. This lot line could be adjusted to increase the width of Lot 3 by five feet, and although Lot 3 would still not achieve a width of 100 feet at the building line, the Variance would be minimized by doing so. Planning Report—Rathman Addition August 24, 1999 Page 6 Setbacks—The existing house will be set back 15 feet from the south side property line and the attached garage will be ten feet from the north side property line. Standard R-1 district setbacks apply(front yard—30 feet; side yard— 10 feet). There is also an additional required setback of 75 feet from the OHWL,but with the size of the lots and the 100-foot conservation easement,the setback from the OHWL should not pose a problem. Landscaping—A landscape plan is not required for single-family residential development. Grading/Storm Drainage—Grading is not proposed as part of this subdivision. The lots are proposed to be custom-graded at time of individual building permit. No storm sewer improvements are necessary as part of this development. Existing storm sewer and ponding systems are available to accommodate storm water runoff from this development. Wetlands/Water Ouality—This development is located in Drainage Basin B in northwest Eagan. This 3.3-acre single-family development will generate runoff that will be discharged to BP-1.2, a 5-acre pond designated as a stormwater basin in the City's Water Quality Management Plan, which then discharges through a pipe along Robin Lane to a culvert under Highway 13 and into the wetland complex along the Minnesota River. There are no recreational classified water bodies downstream of the proposed development. Because this is a small development,no on-site ponds should be constructed to treat runoff from the impervious areas of the development parcel. Instead, a cash dedication in lieu of on-site ponding is recommended. The cash dedication is based on the area and impervious characteristics of two lots to be developed and is approximately $660. There is one jurisdictional wetland within the development parcel located along the shoreline of BP-1.2. This wetland should be protected by a 30-foot undisturbed and unmaintained buffer strip, as well as the conservation easement. Utilities—Sanitary sewer and water main are readily available for connection by the development. Access/Street Design—Public street access is available for Lot 3 from the Skater Circle cul-de- sac, recently constructed as part of the GVR Acres development. Public street access for Lots 1 and 2 is proposed to be shared via the existing driveway for Lot 2 onto Blackhawk Road. Easements/Rights-of-Way/Permits—The GVR Acres subdivision established a conservation easement extending 100 feet landward from the OHWL over all lots with lake frontage. The Rathman's are proposing to maintain that conservation easement over the proposed lots with this subdivision. Prior to final subdivision approval, the developer should prepare the conservation easement document. The area covered in the easement should extend a minimum of 100 feet back from the OHWL of Blackhawk Lake and Pond BP-1.2. The easement should be submitted 161 Planning Report—Rathman Addition August 24, 1999 Page 7 for review and approval by the City Attorney prior to Council action on the final subdivision, and shall be recorded with the plat. The developer should prepare private ingress/egress easement for the shared driveway access for Lots 1 and 2. The easement area should be extended beyond that shown on the plans in order to provide sufficient maneuvering space for Lot 2 over Lot 1. The easement documents should be submitted for review and approval by the City Attorney's office prior to Council action on the Final Subdivision. The developer shall record the easement with the plat. Tree Preservation—Since the lots will be custom-graded, Individual Lot Tree Preservation Plans will be required at the time of building permit application for Lots 1 and 3. Parks and Recreation—Park and trail dedications for Lots 1 and 3 should be satisfied through a cash dedication paid at the time of final plat. The 1999 rate for park dedication is $1,235.00 per lot and for trail dedication is $163.00 per lot. SUMMARY/CONCLUSION The Rathman's are requesting approval of a Preliminary Subdivision with a Variance to the lot width provision of the Shoreland Ordinance. The proposed subdivision would create three lots on approximately 3.27 acres on the southwest corner of Blackhawk Lake. Two lots would be for new construction and one of lots will contain the existing single-family home. The existing conservation easement along the shoreline is proposed to be retained with this subdivision, and the two lots for new construction will be custom graded at the time of construction. The Variance to the Shoreland ordinance's lot width provisions to further divide an already substandard width of shoreline does not appear to be supported by any demonstrable hardship and is opposed by the DNR. The 88-foot lot width at the building line for Lot 3 still meets the R- 1 zoning standard, but the Variance could be minimized by adjusting that lot line to provide . The existing house in order to maintain a minimum side yard setback for the existing house from the new lot line. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Rathman Acres)with a Variance to the lot width provision of the Shoreland Ordinance, to create three lots on 3.27 acres located at 3760 Blackhawk Road in the SE '/4 of Section 17. 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: B1,B4, Cl, D1, E1 2. The property shall be platted. & Planning Report—Rathman Addition August 24, 1999 Page 8 3. The OHWL of Blackhawk Lake of 792.3 feet shall be shown on the final plat. 4. Blackhawk Lake shall be identified on the plat also as DNR#19-59. 5. This development shall provide a cash water quality dedication in lieu of on-site ponding. 6. Prior to final subdivision approval,the developer shall prepare a conservation easement to provide protection of riparian and adjacent upland areas along Blackhawk Lake and Pond BP-1.2. The area covered in the easement shall extend a minimum of 100 feet back from the ordinary high water level of Blackhawk Lake and Pond BP-1.2. The easement shall be submitted for review and approval by the City Attorney prior to Council action on the final subdivision, and shall be recorded with the plat. 7. The developer shall prepare a private ingress/egress easement for the shared driveway access for Lots 1 and 2, and the easement area shall encompass sufficient maneuvering space for Lot 2 over Lot 1. The easement shall be submitted for review and approval by the City Attorney prior to Council action on the final subdivision, and shall be recorded with the plat. 8. Individual Lot Tree Preservation Plans will be required at the time of building permit application for Lots 1 and 3. 9. Park and trail dedications for Lots 1 and 3 should be satisfied through a cash dedication paid at the time of final plat. 163 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. ff 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 LT STANDARD.CON / / FINANCIAL OBLIGATION—RATHMAN ADDITION There are pay-off balances of special assessments totaling $1,338 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 TOTAL w �VMIN � • eaoeWINoe i� ® • -��ea�oa ' Pq aw- � Q r s�� r�``►��,��q ° �eeo�yNil�� i�� e 13 AN - a�� In Wj.f3 LA -110 tA Lx tm� Q4 WIS JAR E PA LE LM LOW. TIN ��' O�i�•�'L c�cQ2wig; Ki �cr.: a c� �6.,.■c.��..o o MID V �c� ,■N uMAN n nv ��CT__u PWCVww 3.1. .-. Dapfftmirt arid is axnst as of April 1999. THIS MAP IS INTENDED FOR REFERENCE USE ONLY _�- The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan City of Eagan= Land Use Map Case No. 17-PS-14-06-991 MEMO OMIT\■�� ■ 1- �j °_ ';i �1�• Moll so :11111`■"� •, ,.;,.��i� �w■o : milli\111 �•i0 fir■ ■� �� j �� ■t �u \NONE■■ WE `'•:�::� ��'i� �.■■ . NOON■■111 i •��.'��i�■ ■■lliiii� 111►� �i� � � :: ��iirr ■� � � �► iii 11IN or M*City of Eagan ZorAnq lndf�*tWn pwmovl M arA upfttod b7 City Staff. �.■.�I � . THIS MAP 13 INTENDED FOR REFERENCE USE ONLY CWVnL"WDeWqPMnt DqXVVMr1t The City of Eagan and Dakota County do not guarantee the accuracy of this InformatIon. S Ic k A.j ?�v 7E 4 pis ti_ E G7 I s c CO)� I N R y / / 912M / _ c\j 91 09 act —T: 16 ? PRELIM. PLAT r 0 -. L i 1 I / CO 1 , . x Rl -77 1 UTILITY PLAN �Q Lam, r-r' L 1. I � o zz �� i // ��l►i, \ ' � ii(� �l /� %�/%�%j//mac �� oll ir loll -- � //� GRADING PLAN (CONCEPTUAL) F MINly Minnesota Department of Natural Resources Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 P OVA August August 17, 1999 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 RE: PRELIMINARY SUBDIVISION,LOT1,BLOCK 1,GVR ACRES,BLACKHAWK LAKE(#19- 59) Dear Ms. Dudziak: I have reviewed the materials you forwarded with respect to the subject zoning matter, and ask that you incorporate the following comments in to the official hearing record: I reviewed and provided comment on a proposal to plat this parcel in February of 1997. Please see the enclosed copy of my comments from that earlier proposal. Blackhawk Lake is a Recreational Development waterbody regulated under the city of Eagan's shoreland ordinance. The hearing notice you sent on the subdivision indicates the "above request may require other variances to Eagan City Code, Chapters Hand 13, that are not listed." . No variances are listed on the notice you sent to me. Lots 2 and 3 do not meet the minimum lot frontage (width) at the ordinary high water elevation (OHW) of 792.3'. In fact,the entire parcel under consideration lacks the minimum 100-foot lot width at the OHW. My February 21, 1997 letter recommended identifying Blackhawk Lake as DNR#19-59,and indicate the OHW contour of 792.3'. The current drawings, for the original applicant, do not reflect that DNR recommendation. The DNR is strongly opposed to the proposed subdivision. The site contains inadequate frontage on Blackhawk Lake to plat two riparian lots. The lot lines should be reconfigured to indicate a single riparian lot. Did the adjacent Rathman property to the east, which was the subject of preliminary plat in 1997, get platted at that time? If so, were lot width variances approved despite DNR recommendation against it? Please advise me of the outcome of the 1997 action on Rathman Acres, and note, for the record, DNR opposition to the subdivision proposal before the city currently. To approve a subdivision which you know up front requires variances which could be eliminated is poor DNR Information: 651-296-6157 • 1-888-646-6367 TTY: 651-296-5484 0 1-800-657-3929 An Equai Opportunity Emplo er / j� A• Printed on Recycled Paper Containing a Who Value.Diversity ,/� #001 Minimum of 10%Post-Consumer Waste Pam Dudziak August 17, 1999 page 2 land use zoning. Please advise me of the outcome on the subdivision proposal within 10 days of the hearing, as required by your ordinance. If approved,please include a copy of the Findings of Fact and Conclusions. Thank you for the opportunity to review and provide input on the shoreland zoning matter. If you have any questions, please call me at 651-772-7917. Sincerely, Patrick J. Lynch III Area Hydrologist enclosure Agenda Information Memo September 21, 1999 Eagan City Council Meeting E. PRELIMINARY SUBDIVISION (TERMINAL DRIVE BUSINESS CENTER) OMNIQUIP/LULL INTERNATIONAL ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision entitled the"Terminal Drive Business Center" located on the western half of property currently platted as Lot 1, Block 1, Sibley Terminal Industrial Park (3131 Highway 13) in the NE '/<of Section 8 and the NW '/a of Section 9 subject to the conditions listed in the APC meeting minutes. FACTS: ➢ The applicant intends to subdivide the southernmost 2.1 acres of the subject 4.1 acre property for the purpose of developing a 24,000 square foot industrial building consistent with the existing I-1 zoning. ➢ The northern one half of the subject property is currently occupied by a 15,418 square building (OmniQuip/Lull International). The use is currently non-conforming as a result of outside storage of equipment on an unpaved surface without the benefit of a Conditional Use Permit (CUP). The applicant must process a CUP application to legally continue outdoor storage activities. ➢ At their regular meeting on August 24, 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 August 24, 1999 APC meeting,pagesf951through Staff report, pagesMthrough f1102 Page 17 August 24, 1999 , ADVISORY PLANNING CON MISSION PRELIMINARY SUBDIVISION 3131 SIBLEY PARTNERS Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Terminal Drive Business Center) of an existing four-acre lot to create two lots, legally described as Lot 1, Block 1, Sibley Terminal Industrial Park, located between Alexander Road and Terminal Drive in the NE'/4 of Section 9. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staff s planning report dated August 18, 1999. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Ridley noted that no outside storage was intended to be conducted on the site and that the applicant would need a conditional use permit if it changed its mind. The applicant noted its appearance and stated that it did not intend to have any outside storage and that any existing storage on the site would be removed. Chair Heyl closed the public hearing. Member Steininger moved, Member Huusko seconded, a motion to recommend approval of a Preliminary Subdivision (Terminal Drive Business Center) of an existing four-acre lot to create two lots, legally described as Lot 1, Block 1, Sibley Terminal Industrial Park, located between Alexander Road and Terminal Drive in the NE'/4 of Section 9, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, C1, C2, C4, D1 and El 2. The property shall be platted. 3. Cross access/parking easements and covenants shall be established between Lots 1 and 2. Such easements shall be subject to review and approval by the City Attorney and recorded with the plat. 4. No outdoor storage is to occur on either lot unless a Conditional Use Permit (CUP) is obtained upon council approval. 5. The gravel surface on the lot shall be surfaced in compliance with current City Code requirements. 6. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City standards. 2-S- Page 18 ''� '' 7 August 24, 1999 ADVISORY PLANNING COMNUSSION 7. Catch basin structures and storm sewer shall be constructed at the northwest entrance to Lot 1 to capture the storm water runoff before it reaches Alexander Road. 8. Fire hydrants shall be provided within the development in accordance with City standards. 9. The developer shall reconstruct the existing parking and loading areas with perimeter concrete curb & gutter and storm sewer in accordance with City standards. 10. The developer shall obtain MnDOT permit approval for the proposed grading within Highway 13 right-of-way. 11. The development would be responsible for a cash parks dedication and a cash trails dedication. 12. The development would be responsible for a cash dedication in lieu of on-site ponding. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 18, 1999 CASE: 09-PS-16-07-99 APPLICANT: 3131 Sibley Partners, LLP HEARING DATE: August 24, 1999 PROPERTY OWNERS: OmniQuip/Lull International PREPARED BY: Robert Dostalek REQUEST: Preliminary Subdivision LOCATION: Western half of 3131 Highway 13 (Lot 1, Block 1, Sibley Terminal Industrial Park)NE section 8 and NW section 9 COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: 1-1, Limited Industrial SUMMARY OF REQUEST 3131 Sibley Partners, LLP is requesting Preliminary Subdivision approval to allow the existing site to be subdivided and the southern most 2.05 acres to be replatted for the purpose of developing an industrial building consistent with the existing I-1 zoning. The proposed improvements to the site include the construction of a new 24,000 square foot building along with associated employee and customer parking in the front and truck dock area in the rear of the building. It is anticipated that the building would house multiple tenants with up to 20% office space and the remainder used for warehousing or light industrial activities. 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: That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. 1127 Planning Report—Terminal Drive Business Center August 18, 1999 Page 2 A. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. B. 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. C. That the site physically is suitable for the proposed density of development. D. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. E. That the design of the subdivision or the type of improvements is not likely to cause health problems. F. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. G. 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. H. 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). I. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. J. 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." � g Planning Report—Terminal Drive Business Center August 18, 1999 Page 3 BACKGROUND/HISTORY The site is located in the Sibley Terminal Industrial Park subdivision platted in April 1964. The existing building was built in 1986. Historically, this lot and adjacent lots have been used for industrial purposes. EXISTING CONDITIONS The existing 15,418 square foot building at 3131 is currently occupied by OmniQuip/LULL International and it is anticipated to be occupied by them for the foreseeable future. The proposed new lot is currently covered with native prairie grass and there are no existing woodlands or trees on the site. The lot is currently non-conforming as a result of outside storage of equipment on an unpaved surface without the benefit of a Conditional Use Permit(CUP). The applicant should process a CUP application in order to continue outdoor storage activities. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North—Water Heater Innovations Inc. zoned Limited Industrial and designated Limited Industrial. South—Diesel Service Co. zoned Limited Industrial and designated Limited Industrial. East— State Highway 13 (Sibley Memorial Highway). Beyond the highway to the east is zoned Residential Multiple and designated Mixed Residential (12+units/acre). West—Overhead Door Company of the Northland zoned Limited Industrial and designated Limited Industrial. EVALUATION OF REQUEST Compatibility with Surrounding Area—The proposed use appears compatible with the surrounding area. Lgta—Within the Limited Industrial district, minimum lot size is 0.5 acres and the width shall be 100 feet of more. Both lots will meet these requirements. Setbacks—The proposed plan conforms to all setback requirements for I-1 zoning (Limited Indusrial). Off-Street Parking—According to City Code, the proposed plan based on 20% office space requires 60 parking spaces, 63 have been provided including two accessible spaces. Access to the proposed building will be from Terminal Drive. Dedicated cross access easements are proposed / 1 ( Planning Report—Terminal Drive Business Center August 18, 1999 Page 4 across the new site and existing 3131 site to allow both vehicular and truck traffic to travel easily between Terminal Drive and Alexander Road. Grading—The preliminary grading plan is acceptable. The site is open and slopes to the west. The first floor elevation of the proposed building on Lot 2 is shown to be approximately 10 feet below the grade of Highway 13 adjacent to the site. The new building is proposed to be approximately 13 feet above the existing building on Lot 1. The developer should be responsible for installing and maintaining erosion control measures in accordance with City standards. Storm Drainage—The preliminary storm drainage plan is acceptable with modifications. Existing storm sewer is available within Terminal Drive and Alexander Road for connections by the development. Catch basin structures and storm sewer should be constructed at the northwest entrance to Lot 1 to capture the storm water runoff before it reaches Alexander Road. Utilities- The preliminary utility plan is acceptable with modifications. Sanitary sewer and water are available for connection by the development along the west edge of the site. Fire hydrants should be provided within the development in accordance with City standards. Streets/Access/Circulation— Public street access is available from Alexander Road to the north and Terminal Dive to the south. Internal circulation will be provided via service drives between Lots 1 and 2. The existing parking and loading areas on Lot 1 were not originally constructed with concrete curb & gutter and storm sewer. The developer should reconstruct the existing parking and loading areas with perimeter concrete curb & gutter and storm sewer in accordance with City standards. Easements/Permits/Right-of-Way_—The developer should obtain MnDOT permit approval for the proposed grading within Highway 13 right-of-way. Water Quality/Wetlands—This 4.0-acre development is located within the Drainage Basin C watershed. Runoff from Lot 2 (2.05 acres) will be discharged first to Pond CP-8, a 2-acre pond designated as a stormwater basin in the City's water quality management plan. Pond CP-8 in turn discharges to Gravel Pit Lake,recently upgraded to a recreational waterbody in the City's water quality management plan. Lot 1 (1.9 acres) currently discharges directly to Gravel Pit Lake. Because this is a small development, no on-site ponds should 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 are no jurisdictional wetlands within the development parcel. ego Planning Report—Terminal Drive Business Center August 18, 1999 Page 5 A cash dedication in lieu of on-site ponding should be required for the development. The cash dedication required based on the area and impervious characteristics of developed lots is about $16,330. Parks and Trails- The applicant would be responsible for a cash parks and a cash trails dedication. SUMMARY/CONCLUSION The proposed two lot subdivision appears compatible with existing and anticipated uses in the area. ACTION TO BE CONSIDERED To recommend approval or denial of a Preliminary Subdivision entitled the"Terminal Drive Business Center" located on the western half of 3131 Highway 13 on property currently platted as Lot 1, Block 1, Sibley Terminal Industrial Park in the NE '/4 of Section 8 and the NW 1/4 of Section 9. 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: Bl, 2 Cl, 2, 4 D1 E1 2. The property shall be platted. 3. Cross access/parking easements and covenants shall be established between Lots 1 and 2. Such easements shall be subject to review and approval by the City Attorney and recorded with the plat. 4. No outdoor storage is to occur on either lot unless a Conditional Use Permit(CUP) is obtained upon council approval. 5. The gravel surface on the lot shall be surfaced in compliance with current City Code requirements. 6. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City standards. fig/ Planning Report—Terminal Drive Business Center August 18, 1999 Page 6 7. Catch basin structures and storm sewer shall be constructed at the northwest entrance to Lot 1 to capture the storm water runoff before it reaches Alexander Road. 8. Fire hydrants shall be provided within the development in accordance with City standards. 9. The developer shall reconstruct the existing parking and loading areas with perimeter concrete curb & gutter and storm sewer in accordance with City standards. 10. The developer shall obtain MnDOT permit approval for the proposed grading within Highway 13 right-of-way. 11. The development would be responsible for a cash parks dedication and a cash trails dedication. 12. The development would be responsible for a cash dedication in lieu of on-site ponding. FINANCIAL OBLIGATION TERMINAL DRIVE BUSINESS CENTER There are pay-off balances of special assessments totaling $5,959 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels 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 TOTAL ^a/Eagan Boundary CantLamfion Map / V Stmt Parcel Area no o _Building Footprint i a. a �; 1 • • ' a , 40 t f1 11 e ' ti s arty P Sub ect Site ^ +- ®®a®® ®� ®®®®® r . V far i d♦ ®® it f1 ® ®e Iwm X11 ! •.. ®�® Was.41 L" t� m -7w rs !IM . . 4>,Ivaw�aa oo� 1000 0 1000 2000 Feet Development/Developer. Terminal Drive Business Center Application: Preliminary Subdivisio Case No.: 09-PS-16-07-99 /79 Map Prepred uakg ERSI PrcVfsw 11. P. bass nap irtarrradon N by Dalmta Couty tad Survey Depw in w t and is anent as of 1999 City of Eagan 1, THIS MAP IS INTENDED FOR REFERENCE USE ONLY W*E CaranwNty Dwelep—t Depart—t The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S not responslble for errors or omissions. Current Zoning and Comprehensive Guide Plan City of Eagan Land Use Map Case No. 09-Ps-16-07-99 Zoning Map FP 1-1 O � • RJ FP • E ® R-3 Current Zoning: ®®®� I-1 Limited Industrial R-4 . G 1 ® ®4mm 1 ® ®R-3 ®® G A N7 � a •w • we �rw r«e � _7 � Comprehensive Guide Plan IND Land Use Map P D- 4 r D.I P ®� Current Land Use Designation: G IND IND Limited Industrial aN ® ®� I IND ®� ® ® G IND 11 e•e • s•• 1:w r«t D-11 IV ►rc.l b...oer Iwro flew rre.w. 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CONSIDERATION OF ASSESSMENT ABATEMENT AND DEFERRAL— GREEN ACRES SPECIAL ASSESSMENT (1640 FOUR OAKS ROAD) ACTION TO BE CONSIDERED: ➢ To approve an abatement of special assessment interest for ten acres of unplatted land located at 1640 Four Oaks Road (PID# 10-00900-021-31). ➢ To approve a deferment of special assessment principal for ten acres of unplatted land located at 1640 Four Oaks Road (PID# 10-00900-021-31). FACTS: ➢ The Swensons own approximately ten acres of land that until 1997 had been eligible for Green Acres status. In a process outside of the City's control, it was determined that the property no longer meets the criteria for Green Acres eligibility. The property contains an old farmhouse and a single family home. ➢ According to the Swensons, they wish to maintain their property as a single family residence; however, the special assessment interest and principal due because of losing Green Acres eligibility presents a significant burden and without relief, they will likely need to sell or develop the property. ➢ It is the staff's recollection that favorable consideration has previously only been given to this type of request on the following two occasions. In each case the City Council determined the public purpose for the adjustments. • A Green Acres type arrangement was continued for the Caponi Art Park after special legislation was approved at the State Legislature. After the property no longer met State Green Acres eligibility requirements, the assessments were allowed to continue to be deferred with interest just as they were under Green Acres. There has been no reduction in interest or principal to date. • Upon sale and loss of Green Acres eligibility, the Sieg property south of Storland Road had Green Acre principal obligations of$122,867.50 and interest obligations of$83,409.48. The developer asked for a reduction in interest costs of$80,000 to $3,409.48 so that it was economically possible to develop the property. A subdivision of 39 lots (Cedar Heights Addition) was subsequently, approved and developed. ATTACHMENTS (Z): Applicant letter,page AL Staff memo-explaining history, page Othrough�I6 September 10, 1999 Mayor Awada and City Council Members C/O Mr. Thomas L. Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: 1650 Four Oaks Road Eagan, Minnesota Dear Mayor Awada and City Council Members: Approximately 15 years ago we purchased the above-referenced property which is a 10 acre farm. This property is zoned R-4 and designated on the Land Use Guide Plan as D-IV(12+units per acre) and had a Green Acres Classification which defers payment of special assessments to a date that the property is developed. Approximately two(2)years ago,the Green Acres Classification was eliminated from the property causing the deferred assessments and associated interest to be due and payable. As of August 1999, the total assessment is $149, 939.86 which consists of a principal balance of$51,097.17 and an interest balance of$98,842.69. This large burden is beyond our resources. We have no desire to develop our property but without relief we will have no other option. We are requesting the City of Eagan to waive the interest due and defer the principle due until the land is developed at which time the assessment would be paid at the prevailing rate in effect at that time. It is our intention to live on the property as we have been for the last 15 years. We appreciate your consideration on this matter. Sincerely, Mike and Jane Swenson MJS:la Swen:Mayor09.10 I �� MEMO city of eagan TO: City Administrator Hedges FROM: Finance Director/City Clerk VanOverbeke DATE: March 22, 1999 SUBJECT: Councilmember Masin Information on Swenson Green Acres/Special Assessments I am providing this information in response to Councilmember Masin's request that was forwarded to me this morning. The questions about this issue and the request for assistance are not new and in fact started in early 1997 with a series of telephone conversations between Mr. Swenson and myself. In late 1997 and early 1998 1 also had conversations with Mr. Swenson's attorney. The property in question is located at Highway 13 and Four Oaks Road. It is zoned R-4 and comp guided D-IV. The problem for Mr. Swenson began when his property was no longer eligible for green acres status as determined by Dakota County. The County notified him in early 1997. The Assessor's Office made a determination that given the State law and recent court cases, the property simply could not continue to benefit from green acres status. Mr. Swenson wrote a letter to then Mayor Egan explaining his situation and asking for relief from the City. Although Mr. Swenson chose not to challenge that County determination, he expressed concern to the City that the property had enjoyed the benefits of green acres status for around 30 years and should not be required to pay due to the State and/or the County making a new determination. Staff responded in a letter dated March 19, 1997 again clarifying the responsible parties to the action. It was also clarified that green acres status on a piece of property has the effect of reducing ad valorem taxes, it does not reduce or eliminate any special assessment obligation. The law provides for deferment with interest of the special assessments not for forgiveness. As a follow-up to the letters, in April of 1997 Administration, Finance and Planning staff met with Mr. and Mrs. Swenson to go over the green acres situation and to discuss other options including development of the property. During that meeting it was mentioned that the City Council might entertain an offer to down zone the property to a less dense classification in exchange for a reduction in either the special assessment interest and/or principal. It was clearly pointed out that the assessments were deferments and if the Swensons, 19 � as the benefiting property owners did not pay them, they would have to be picked up by the community at large. While that could be considered by the City Council, there was no past practice indicating that the request would be honored. In April of 1998 1 was again called by the attorney inquiring about the idea of trading zoning for some of the financial obligation. I suggested that he send the City a letter including some sort of offer that could be considered by the City Council, if his client wanted to pursue the possibility. The City received that letter dated April 17, 1998 on April 20, 1998. In advance of the staff doing any additional work, the matter was informally forwarded to the City Council for their consideration in the context of the City's review of the Comprehensive Land Use Plan. The consensus of the Council at that time was that the property is properly zoned and comp guided at this time and a change to single family zoning at that location would not be appropriate. A reassessment including both principal and interest was offered as a possible method of dealing with the deferred assessments. That information was communicated to Attorney Biersdorf and Mr. Swenson in May of 1998. Although I don't think the issue of assessments came up, there has been a recent contact with the planning department regarding the possibility of remodeling and expanding the single family home on this property. To my knowledge there has been no other communication with anyone at the City concerning this property. To help follow this issue and to provide additional information, I am attaching the following support documents: • Location map, zoning map and comprehensive guide map • Mr. Swenson's letter to Mayor Egan (2-25-97) • City Administrator Hedge's letter to Mr. Swenson (3-19-97) • Attorney Biersdorf's letter to Mr. Hedges (4-17-98) • Finance Director VanOverbeke's letter to Attorney Biersdorf (5-4-98) • Response to options for remodel/expansion letter dated March 10, 1999. I believe that this covers the essential points of this issue. In the event that you would like anything else, please let me know. Nrj&ce Director/City Clerk 0 La s ��I7 L�'L�� '`. God•o �o;; � . tt.• zaa „ ■ ILM LI MU . ' _ 20 soon Property Address: 1650 Four Oaks Road Application: Special Assessments Case • ZoningMap W T -� L I R-3 i-1 E E3 0 R-4 WAT i �p GB SR-3 R- 00 A o 7-7 1., .3 ., R4 PK 400 0 400 800 Feel Property Address: 1650 Four Oaks Road Case No.: 1540-001 Current Zoning: R-4 Multiple Residential 410�City of Eagan foo City at laoan Community Dovolopmont DepartmoM Comprehensive Guide Plan Map D-I IND D- WAT L D-I DJI �® ®,8> I D -11 ® D-II ® 0 1 D-1 V -IV TTJJL ND IND ❑ O -111 D-1I -1 V -1 P P 400 0 400 !00 F..t Development/Developer: 1650 Four Oaks Road Case No.: 1540-001 Current Guide Plan Designation: D-IV Mixed Residential (12+ units/acre) City of Eagan )off Clty of Eagan community Development Department MICHAEL J. SV«NSON SOL7H PLAZA BUILDM 1433 LMCA AVENUE SOUTH,SUM 120 ST.LOLUS PARK,MN 55416 TELEPHONE(612)542.1473 r r February 25 , 1997 Mr. Thomas Egan Mayor, City of Eagan Eagan, MN RE : GREEN ACRES TAXES 1650 FOUR OAKS ROAD EAGAN, MN 55121 Dear Mr . Egan : Enclosed is a copy of a letter received from Dakota County indicating policy changes with regard to the green acres tax classification. . In reviewing the attachment , it indicates that in order for the property to be classified as agricultural and qualiy for green acre taxes , it must be determined that the primary use of the property is agricultural . I p-,;rchased this property in 1981 from a family member who had previc�.,sly purchased it in 1953 . At the time of my purchase, I contacted the Dakota County Tax Assessor, and was informed that as lona as I have an agricultural income that meets the requirements and the proper size , I would not have to worry about any green acres changes . I took this information in good faith and purchased and improved the property from what it was prior to my owners:nip . For many years, I have been complying_ with the rules and regulations that I believed necessary to keep my agricultural/gree- acre status, and apparently this has been accepted for as long as I have owned the property and going back many years prior to my ownership. Now the rules have changed. This most recent determination I feel is unfair and absolutely devastating financially to myself and my family. I would think a more equitable settlement could possibly be to change the classification at this time to a residential classification and pay taxes on that assessment . C:p 116 I would appreciate any help from you with regard to this situation . Please call me at 542-1473 (W) or 452-8909 (H) after you have had a chance to review the enclosed. Thank you. Yours truly, Michael J. Swenson - cityoFcagan - _ MARCH 19, 1997 Sl fib~ Ste^ MR. MICHAEL J. SEVERSOIv' SOUTH PLAZA BUILDING 1433 UTICA AVENUE SOUTH, SUITE 120 _ ST. LOUIS PARK, MN 55416 Re: Green Acres Taxes 1650 Four Oaks Road Eagan, MN 55121 Dear Mr. Severson: Thank you for your recent letter concerning your propem- tax situation. Mayor Egan has asked that I respond to you. Unfortunately. the situation that is impacting your property is not under the control of the City. The Countv Assessor is responsible for determining propem- tax classifications within the lacy as set by the State of Minnesota. The Green Acres statute is passed by the State and implemented by the Count}. As explained in the information notice. tax court decisions can also impact implementation of this lazy. From time to time. the City has asked the County to review the status of parcels to ensure that they remain eligible. This has been done to ensure that other properties in the community are not unfairly subsidizing the benefiting properties. The Cite is impacted directly by the Green Acres status because special assessments are deferred and not collected currently. It is important to note that from the beginning. Green Acres status has reduced the ad valorem tax obligation; it has not reduced or eliminated any special assessment obligation. The law has provided for the deferment with interest of the special assessments. Again. I have not reviewed the ad valorem tax situation on your property. That is something that needs to be taken up at the County. I have reviewed with our staff the situation with the special assessments. As the print-out which you provided shows, there is a principal balance of$51,097.17 and an interest balance of$89,652.01 due through 1996. The large interest balance simply reflects the fact that this property has enjoyed the benefit of the Green Acres status for a long time and interest has accumulated over that time period. MUNICIPALCENTER G':� O -- MAINTENANCE FACILITY 1�_ 7 _ : ct 7"E MICHAEL J. SEVERSON MARCH 14, 1997 PAGE TWO In the past, most properties have lost Green Acres status through development and the assessments are paid as part of that process. The community at large has had the obligation of picking up costs for installation of infrastructure improvements which benefited the property while the assessments have been deferred. Perhaps with your property, there has been some confusion; however, there has never been an understanding that these obligations would disappear completely or could be postponed past eligibility. I cannot tell from your letter exactly what action you would like the City to take; however, we cannot make things the way they were before the notice was received. Given the fact that this is not a possibility, we would be happy to meet with you to sort out payment and/or development options. Please contact me to further discuss your situation. Sincerely, 1 Thomas L. Hedges City Administrator cc: Mayor & City Councilmembers Finance.Director VanOverbeke TLH/EJV/vmd ��S LAW OFFICES BIERSDORF R AssOCIATES. P.A. 4'00 MULTIFOODS TOWER 33 SOUTH SIXTH STREET Additional Offices MINNEAPOLIS. MINNESOTA 55402 % TELEPHONE !612' 3397242 -A. + April 17, 1998 VIA FAX NO. (612) 681-4600 AND VIA U.S. MAIL Thomas L. Hedges City Administrator City of Eaean Municipal Center 3830 Pilot Knob Road Eaean, NfN 55122-1897 RE: Special Assessments 1650 Four Oaks Road Eagan, iN'linnesota 55121 Our File No. 1540-001 Dear Mr. Hedees. The property which is referenced above is owned by Michael Swenson, During the past year. this office has assisted Mr. Swenson in negotiations with Dakota County regarding the Greenacre: classification that was recently removed from this property. Based upon recent developments in this area of the law, Mr. Swenson has decided to accept this determination by Dakota County. From correspondence which I have seen between you and Mr. Swenson, I realize that you are aware that the removal of the Greenacres classification has had a significant impact upon Nlr Swenson's property in that certain special assessments, which had been deferred, are now due together with accumulated interest. In your letter dated March 31, 1997, you noted that at that time the outstanding principal balance was approximately $51,000 and the accumulated interest %\as approximately$90,000. We understand that the accumulated interest currently will be some amount larger than that. Mr. Swenson has instructed me to explore any avenues that might be open for reducing the liability that he must pay for this special assessment bill. To that end I have had some discussions with Gene Van Overbeke in your offices. During those discussions, the idea was raised about ha%131U Mr. Swenson agree to a down zoning of his property in exchange for the city waiving a portion of the outstanding special assessment bill. Mr. Van Overbeke told me that any such proposal N�ould need to be made in writing and presented to you for deliberation by the appropriate staff and members ,)66 Thomas L. Hedges Our File No. 1540-001 .April 17, 1998 Page 2 of the city council. This letter is intended to be such a proposal. Mr. Swenson's property is currently zoned for multifamily development, although it is presently improved with only one single family residence. Under Mr. Swenson's proposal, he would agree to have the zoning changed so that his entire parcel would only allow the development of single family residences. In exchange for agreeing to have his property's zoning changed to this less valuable classification, he:would ask that the city w_-ive the accumulated interest that has accrued on this special assessment bill. It is my understanding that the only meeting of the city council prior to the Nlay 15 tax deadline is on May 5. It is our hope that this matter could be placed upon the city councils agenda for that meeting. Please have the individual who will be reviewing this request contact me if additional information is needed or if any further steps must be taken by us prior to the May 5 cite council meeting. If an appearance before the city council ,vill also be needed. I would appreciate if we could be informed of that fact. too. Thank you for your attention to this matter. Sincerely. Dan Biersdorf DB/In cc: Michael Swenson Gene VanOverbeke F HOME DIB CORR 1540.001 LHEDGES ..,OL 7� ----------------- THOMAS EGAN Mayor May 4, 1998 PATRICIA AWADA BEA BLOMQUIST Mr. Dan Biersdorf SANDRA A. MASIN Attorney at Law THEODORE WACHTER Biersdorf&Associates, P.A. Council Members 4100 Multifoods Tower THOMAS HEDGES 33 South Sixth Street Crty ACfrninisttator Minneapolis, Minnesota 55402 E.J. VAN OVEREIEKE RE: Special Assessments City Clerk 1650 Four Oaks Road Eagan, Minnesota 55122 Your File No. 1540-001 Dear Mr. Biersdorf: As you requested in your letter of April 17, 1998 to City Administrator Hedges, staff raised the issue of a reduction in the amount due for special assessments previously deferred through green acres on the above referenced property with the City Council. The issue of a downzoning was timely in that the Council is currently reviewing the City's Comprehensive Land Use Plan per State requirements. The consensus of the Council is that the property is properly zoned and comp guided at this time and a change to single family zoning at this location would not be appropriate. 1WVrth that avenue Dosed,they did state that they would be agreeable to a reassessment of the amount due over a period of ten (10) years. Essentially, that means that the total principal and interest now due would become the new principal and would be assessed by agreement for a ten (10) year period. I realize that that still involves a substantial cash obligation each year. As we have discussed previously, the only other option is development,which does not eliminate the obligation but provides the necessary cash to pay the balance. I am sorry that I do not have better news, however there are no easy answers to this problem. Please contact me directly, if you would like to pursue the assessment respread on behalf of Mr. Swenson. 9Si cer ly, E. . VanOverbeke, CPA Finance Director/City Clerk CC. City Administrator Hedges Senior Planner Ridley MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILrTY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN.MINNESOTA 55122.1897 EAGAN.MINNESOTA 5522 PHONE (612)681-4600 PHONE (612)681.4300 FAX (612)681-46'2 Equal Opportunity Employer FAX (612)681-4360 TDD (612)454-853! /1D /� TDD (612)454-8535 city of czagan PATRICIA E.AWADA March 10, 1999 MCyor PAUL BAKKEN BEA BLONIQUIST PEGGY A. CARLSON Mike and Jane Swenson SANDRA A.MASIN 1650 Four Oaks Road Council Memoers Eagan, MN 55121 THOMAS HEDGES C tY ACm rnstrotor Re: Expansion of Single-Family Residence E.J. VAN OVERBEKE OtY'Ckerk Dear Mr. and Mrs. Swenson: This letter is in response to your inquiry about remodeling and expanding your existing home. As we discussed, your property is zoned R-4, Multiple Residential and has been for many years. The city's comprehensive guide plan also designates the future use of the property as D-IV, Mixed Residential (12+ units per acre). You also have indicated that you wish to retain the potential to develop the property for multiple residential use at some time in the future. The existing use of the property for a single-family residence is not consistent with the R-4 zoning of the property and consequently, the existing use is nonconforming. We have discussed the options that are available to you to pursue expansion of your home and this letter attempts to summarize the issues related to each of the options. First, I would like to highlight some of the provisions of the city's nonconforming uses ordinance. A copy of the ordinance is attached for your reference. A nonconforming use is defined as a "use of land, buildings or structures which does not comply with all the regulations of the City Code governing the zoning district in which such use is located adopted subsequent to the initiation of said use." Provision A of the nonconforming uses ordinance states "It is the policy of the city that nonconforming structures and nonconforming uses in time be eliminated due to obsolescence, exhaustion or destruction so as to insure a uniform use of and within the districts established within this chapter." Provisions B, C and D essentially provide that a nonconforming use or structure may be maintained and repaired, but cannot be expanded or enlarged. Provision F states "No provision hereunder shall preclude a request for a variance, as governed by this chapter, for the erection or reconstruction of a nonconforming structure. This provision does not apply to any nonconforming uses." Because the existing single family dwelling is a nonconforming use, it cannot be expanded. One option for you would be to request a rezoning to a zoning district in which single family dwellings are a permitted use -- R-1 (Single Family), Estate or Agricultural. In addition, the city is prevented from rezoning property in a manner that is inconsistent with its comprehensive guide plan. Therefore, an amendment to the comprehensive guide plan would be necessary prior to consideration of a rezoning to R-1 ACIL MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE PCIN 3830 PILOT KNCB ROAD THE SYMBOL OF STN D ROWTH IN OUR COMMUNITY X501 COACHMAN A r! EAGAN. MINNESOTA 55122-1897 EAGAN, MINNESOTA 5= PHONE (651)681-4600 PHONE (651)68 -4300 FAx (,65!)681-4612 Ertu Emolover .Ax (651)!181-" TDD '65!)454-95:5 TI-C 1651)454'85J5 or Estate. The Agricultural zoning district might appear to offer a rezoning option that would not necessarily require a comprehensive guide plan amendment since the Agricultural zone serves as a holding zone until urban development can occur and is therefore, considered consistent with all land use designations in the comprehensive plan. As a matter of public policy, however, rezoning property to Agricultural to circumvent the comprehensive guide plan is not supportable. In any case, by rezoning the property, the multiple residential zoning is lost and there is no guarantee that it could be obtained again in the future. The case for rezoning is made more difficult to support because you, the property owner, believe that the ultimate use of this property should be multiple residential. Therefore, it would be contradictory for you to argue in support of rezoning to a single-family district. Consequently, it is unlikely that a rezoning would be approved. We also discussed the possibility of an exception or variance from the city's nonconforming uses ordinance that would allow the expansion of your home. As quoted above, Provision F of the nonconforming uses ordinance does not allow the city to consider a variance request where the request pertains to a nonconforming use. The policy reasoning behind the ordinance is that the city does not want to encourage continued improvement of and investment in a use that is anticipated to be phased out. Therefore, if the City Council were to consider such a variance request, it would be acting contrary to the city ordinance. The next question you might ask is whether the ordinance can be changed to allow the council to consider such requests. The Council could consider a request to amend the ordinance that would make a variance for expansion of a nonconforming use an option. However, adoption of such a change to the ordinance would have implications city-wide, resulting in a situation where any owner of a nonconforming use could request a variance to expand. Again, this is contrary to the stated policy and principles of nonconforming uses. For these reasons, adoption of such an ordinance amendment is unlikely. I hope this letter clarifies the issues for you. If you have any further questions, please do not hesitate to call me at 651-681-4691. Sincerely, ?"je Pamela Dudziak Planner Enclosure al � Agenda Information Memo September 21, 1999 Eagan City Council Meeting G. ORDINANCE AMENDMENTS—CHAPTER 10—RABIES CONTROL; STORAGE OF JUNK VEHICLES.HOUSEHOLD FURNISHINGS.ETC.: CONSTRUCTION ACTIVITY NOISE REGULATIONS• TRESPASS,• NOISY PARTIES/ELECTRONIC SOUND SYSTEM AND CHAPTER 4—CONSTRUCTION AND EQUIPMENT NOISE REGULATIONS ACTION TO BE CONSIDERED: To approve Amendments to Chapter 10 (Public Protection, Crimes and Offenses) of the City Code and to approve an Amendment to Chapter 4 (Construction Licensing, Permits and Regulation). FACTS: • Several Ordinance Amendments are being recommended to Chapters 10 and 4 of the City Code. Acting Police Chief Swanson has identified the changes to the various sections of Chapters 10 and 4 in an attached memorandum. The changes are also summarized below. • Due primarily to staff turnover, the following ordinance changes have been prepared and are being presented prior to the City Council authorizing their preparation. Please accept staffs apologies for that error. *Rabies Control *Storage of Junk Vehicles *Construction Activity Noise *Trespass The rabies control change is for the benefit of the pet owners. The other three amendments do not change what the City has been trying to enforce, but provide a more direct and efficient mechanism for enforcement as subsequently explained. They each result from staff work regarding clear and consistent Code enforcement. Amendments to Chapter 10, Public Protection, Crimes and Offenses • The amendment to Chapter 10, Section 10.11 regarding rabies control, is being recommended by the Animal Control Officer in order to conform to new rabies inoculation requirements. • The amendment to Chapter 10, Section 10.51 regarding storage of junk vehicles, household furnishings, etc., is being recommended by the City's Ordinance Review Committee to add vehicles with expired license tags and trailers to the list of prohibited items stored unless they are stored inside a building. • The amendment to Chapter 10, Section 10.37 regarding construction activity noise regulations, which is also being recommended by the City's Ordinance Review 0 // - 1 Committee, involves the creation of a new ordinance to address issues involving a variety of construction type equipment and providing for certain exemptions. • The amendment to Chapter 10, Section 10.36 regarding trespass is being recommended by the Crime Free Multi-Housing Officer to allow enforcement officers to give written notice to individuals prohibiting them from being on certain property for up to 12 months. • The amendment to Chapter 10, noisy parties/electronic sound system evolved from a citizen complaint concerning a neighbor who had a party involving music by a live band. The changes involve provisions for the Police Department to address and enforce violations involving excessive noise from bands and other electronic sound systems and audio equipment. Amendment to Chapter 4, Construction Licensing, Permits and Regulation • Previously, there was no City Code that regulated construction and equipment noise activities. Therefore, enforcement officials used to apply regulations contained in Chapter 4, Section 4.30 titled"Excavations and Fills"to other types of construction and equipment violations. • Specific regulations governing"Construction and Equipment Activity Noise Regulations"have been presented for approval and addition into Chapter 10 of the City Code. • The addition of Section 4.31 is a convenient reference for enforcement officials to refer to Chapter 10 for violations beyond the scope of the regulations governing "Excavations and Fills"in Section 4.30. This section also makes a violation a misdemeanor offense, which is consistent with other Code violations. ATTACHMENTS: • Memo from Acting Chief Swanson on pages D .3 through . • Background information on noisy parties on pagesR15" through O . • City Code Amendments to Chapter 10 on pages .2 ►through • City Code Amendments to Chapter 4 on pages ' MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road O L 1 O y.T� F Eagan,MN 55122 651-681-4700 651-681-4738 FAX EAGPN DATE: August 25, 1999 TO: Thomas Hedges,City Administrator FROM: Rick Swanson,Administrative Captain SUBJECT: City Code/Ordinance Amendments and Additions Today, I met with Attorney Sharon Hills from Jim Sheldon's Law Firm regarding several City Code/Ordinance amendments. One of the changes, concerning a Noise Ordinance, was requested by the City Council some time ago. The City Ordinance Review Committee that was chaired by former Assistant City Administrator Jon Hohenstein recommended two of the changes, concerning Junk Vehicles and Equipment and Construction Activity. One change to the Animal Control Ordinance is being recommended by our Animal Warden in order to conform to new inoculation requirements. Lastly, our Crime Free Multi-Housing Officer is requesting a Trespass Ordinance be created to address issues associated with our Multi Housing Units and Commercial Shopping Centers. I will briefly summarize the requests for each of these ordinances. The Noise Ordinance request evolved from a citizen complaint concerning a neighbor who had a parry involving music by a live band. Chief Geagan researched the issue; presented it to the City Council who then authorized the changes to our existing ordinance. The changes also involve provisions for the police department to address and enforce violations involving excessive noise from bands and other electronic sound systems and audio equipment. The additions and changes are modeled after an existing Apple Valley Ordinance that was written by and is prosecuted by the Sheldon Law Firm. The first ordinance change that was recommended by the city committee involves parking and storage of Junk Vehicles. We are asking that vehicles with expired license tags and trailers are added to the list of prohibited items stored unless they are stored inside a building. These are common violations that officers currently deal with that citizens take issue with. We have cited violators for this offense but if the issue was challenged in court it may not stand up since these type of vehicles are not specifically mentioned in the ordinance. This change would allow officers to provide citizens with clear documentation of the violation when asking for volunteer compliance or issuing a citation for the violation. The second ordinance change that was recommended by the city committee involves Equipment and Construction Activity. Our current Chapter 4, Construction Licensing Permits and Regulations, only has a section addressing the hours of construction equipment involved in excavations and fills. The recommendation is to create a new ordinance that would also address issues involving a variety of 013 d City Administrator Hedges City Code/Ordinance Memo Page 2 construction type equipment such as loading and unloading of construction materials, use of a variety of power tools, domestic power maintenance type equipment, repairing and servicing of motor vehicles and recreational vehicles or equipment. This new ordinance would have exemptions for approved public works projects; certain businesses and other activities governed by either permits or conditional use permits. This ordinance is modeled after an existing City Of Lakeville Ordinance that has proven to be effective. Animal Control Officer Gilbertson is requesting a change to City Code 10.11 concerning rabies inoculation for certain animals. Our current ordinance language requires inoculation every two years for rabies. New technology in medicine has evolved where certain types of rabies vaccinations are now only needed every three years. The language change would allow for citizens to provide a certificate showing that the animal's rabies inoculation is current, based on the type of inoculation, when the animal license is renewed. The last ordinance request was made by our Crime Free Multi-Housing Officer and would be a new ordinance. The request is for a Trespass Ordinance that would allow us to give written notice to individuals prohibiting them from being on certain property for up to 12 months. This type of notice is normally used against shoplifters and persons causing problems in our multi-dwelling complexes. Currently the city prosecutor, Kevin Eide, will prosecute these violations against adult suspects and will honor the 12-month trespass notice. However, the county attorney's office, which prosecutes the juvenile violators, will only honor a 30-day trespass violation provided by the state statute. The county attorney's office has told us, if the city has an ordinance allowing for a trespass notice up to 12 months, they will then prosecute the juvenile violators beyond the 30 day state statute. A number of Dakota County cities have such an ordinance that allow for trespass notices to be issued for any where from 3 to 12 months. Our proposed Trespass Ordinance will be modeled after the one used in Apple Valley. Though we don't issue a lot of these notices, they are a helpful tool in addressing the problems encountered by our retail business and our multi-housing managers and owners. Sharon Hills will be drafting up these changes and amendments to the ordinances and will be providing draft copies by the end of next week. I am requesting that these ordinance changes be presented to the City Council for approval. Both Sharon Hills and I would be available to answer any questions the City Council may have. If you need any more information or have any questions about these issues, feel free to contact me. MEMORANDUM TO: Rick Swanson, Acting Police Chief FROM: Sharon K. Hills, Assistant City Attorney DATE: August 31, 1999 RE: Noisy Parties/Electronic Sound System Ordinance Amendment Our File No. 206-17112 Enclosed please find a draft of the above-referenced proposed ordinance amendment. The amendment incorporates revisions and additions to the current Section 10.31 of the Eagan City Code as we discussed during our meeting on August 25, 1999. Additionally, we discussed adding a provision which would provide that a police officer may order the vacation of a property only after giving a"warning" of the violation and the police department receiving a second complaint within a certain amount of time. As we discussed, I did not add any language effecting such requirement for two reasons. First, providing such a requirement into the City ordinance would require an additional element of the offense which the prosecuting attorney would have to prove to obtain a conviction. If the ordinance requires that the officer first warn the offender or that the officers received more than one complaint, the prosecuting attorney will be required to prove such facts. Secondly, you advised me that it is the police department's policy, and it has been in enforcing the current Code provision, to provide a warning to the owner or occupant of the noisy premises and if you are required to return because of continued noise, you then issue a citation. Therefore, it is not recommended to add the"warning" or second complaint requirement. SKH/wkt Enc. EAGAN CITY COUNCIL MEETING MINUTES;JUNE 15,1999 PAGE 12 ADMINISTRATIVE AGENDA SPECIAL CITY COUNCIL MEETING Mayor Awada moved,Councilmember Bakken seconded a motion to schedule Special City Council meetings for June 22 and 29 at 5:00 p.m. Aye: 5 Nay: 0 CONSIDER ORDINANCE CHANGE TO CITY CODE,SECTION 10.31, NOISY PARTIES OR GATHERINGS City Administrator Hedges provided an overview on this item. Councilmember Masin moved,Councilmember Blomquist seconded a motion to direct staff and the City Attorney to prepare an ordinance revision addressing noisy parties or gatherings. Councilmember Carlson said that if the City of Eagan is going to model their ordinance after the City of Apple Valleys she would prefer the language be changed to state that an officer will first provide a warning,and if a second call is received,the officer would then have the right to order the participants to vacate the premises. Councilmembers concurred. A vote was taken on the motion. Aye: 5 Nay: 0 SURPLUS PROPERTY/UNITED STATES POST OFFICE (JOHNNY CAKE RIDGE ROAD,SOUTH OF DIFFLEY ROAD) City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved,Councilmember Carlson seconded a motion to open the item for discussion. Aye: 5 Nay: 0 Councilmember Blomquist said that the proposed use may be too industrial for this site. Discussion occurred regarding the use of the property for public purpose, downzoning and resale. City Attorney Sheldon responded to a question about purchase and resale and stated that the City has the right to acquire the property for a public purpose but it would not be appropriate to acquire the property merely for future resale. Senior Planner Ridley stated that he is currently in discussions with the City Attoney's office to determine if the City has the ability to initiate a rezoning of the property to bring it into compliance with the current Guide Plan designation of D-II. Councilmember Carlson said that this site was not appropriate for salt and sand storage purposes and was too costly to acquire for that reason. Mayor Awada agreed and suggested that the most appropriate land use at this location would be single family residential and added that perhaps this site would be suitable for zero lot line,single level residential development. She said that staff should notify Welsh Companies of the City's desire to rezone the property. Mayor Awada moved,Councilmember Blomquist seconded a motion to direct the APC to hold a public hearing to rezone surplus property on Johnny Cake Ridge Road,south of Diffley Road,to R-1 and direct staff to pursue another location for satellite salt and sand storage purposes. Councilmember Blomquist offered an amendment to the motion to provide the City Council with the option to purchase the property for public use such as a park. Mayor Awada did not accept the amendment because she said this site is not an appropriate location for a park. A vote was taken on the motion. Aye: 4 Nay: 1 (Blomquist opposed) C;� /1� POLICE DEPARTMENT MEMO city of eagan DATE: June 9, 1999 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICES'"' SUBJECT: NOISE ORDINANCE Per a recent discussion with you regarding a change in the Noisy Parties or Gatherings Ordinance, I am requesting some direction for review. As you are aware, we had a complaint on May 30, 1999, from Ms. Mary McCauley, an Eagan Resident, who had a band playing next door to her home. The officers responding felt there was some limitation on our ability to deal with that incident because our city ordinance does allow significant latitude and enforcement. I would like to suggest the City seriously consider Apple Valley Ordinances relating to Sections 14-83 and 14-84 regarding noisy parties and/or electronic sound systems. Attached are the Apple Valley and Eagan Ordinances. 06/07/99 11:39 METROPLRINS DEVELOPMENT � 651 681 4738 NO.478 P002/00, June 6, 1999 Chief Pat Creagan Dear Chief Creagan, I am writing you this letter per out phone conversation of Thursday June 3, 1999 in which you stated a letter from me tnay help change the noise ordinance in the City of Eagan. 1 called the police department Sunday May 30t°to report that my neighbors to the south of me had a four- piece band playing amplified music in their back yard. Apparently, their son's band was playing music for his mother's birthday party that afternoon, Many people attended this party and my daughters and I were not able to enjoy our yard or home for that matte;,due to the loud music. When all was said and done, we left our home for the day to find peace and quiet and enjoy the holiday weekend. When the police officer arrived at the Lubins house, Chris Lubin requested to know who had called the police. Officer Bill White gave him my name putting me in an uncomfortable position and also Officer White come over to my yard and reprimanded me for calling the police to report the band. I was never so shocked to find that my neighbor's right to play loud live music in the yard outweighed my right to enjoy my yard, home, and family. As I stated to you when we first talked, I have lived in Eagan almost seven years and have never until May 301°, 1999 had cause to call the police for assistance. Officer White allowed them to continue playing and this I feel validated the Lubins urincighborly behavior. The Lubins gave the indication that this was a one-time incident but that is not the case. I know other neighbors have been to their home and asked them to keep their music down in the past. Officer White stated that this was the first formal complaint filed with the police about the music. While this may be true, most folks will try to do the"neighborly thing" and talk to someone before calling the police. Because of my proximity to the Lubins and in light of the fact that other neighbors had talked to them recently I called the police under the illusion that I would remain anonymous. Last summer I tolerated the noise and tried to ignore this behavior to remain on good terms. Ironically,as I write this letter,the band is again playing in the garage. I have my house closed up with the air-conditioning on and the music is still vibrating my walls. I understand Apple valley has a noise ordinance that I would be happy to see adopted in Eagan. It does not seem right to me that people can be allowed to be so inconsiderate when part of living in a neighborhood is being respectful of them If I can be of any further assistance in the hope of passing a firm noise ordinance, please let me know. I would be happy to pass my story along to City Council members and plan to follow up with you. Sincerely, Mary McCauley �Q 06/07/99 MON 11:37 fTX/RX NO 90481 IZ002 DRAFT 8/31/99 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED 'PUBLIC PROTECTION, CRPv1ES AND OFFENSES" BY AMENDING SECTION 10.11, SUBD. 10 REGARDING RABIES CONTROL; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by changing Section 10.11, Subd. 10,to read as follows: Subd 10. Rabies control. A. Inoculation. Any owner of a dog, cat, or ferret over six months of age must have such dog, cat, or ferret inoculated against rabies in accordance with this subdivision and possess a certificate of a veterinarian duly licensed to practice veterinary medicine within the state, which certificate shall state the date on which the animal was inoculated against rabies and the date on which the inoculation expires, thereby establishing that the dog, cat, or ferret has a current inoculation against rabies. ki4ed rabies vaeeine shall be ryaeeinated ane—more +rc-chi-24 fnenth intervals;—any gig ;aeoinated vvith-any—ether iHed rabies vaeeine or yr mle under- 12 months of age shall b 12 ,,,.,«th rote.- ally,xit,vete.;.afian a .yed v s f r ferrets Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Patricia E. Awada Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: a/� DRAFT 8/31/99 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED 'PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.51 REGARDING STORAGE OF JUNK VEHICLES, HOUSEHOLD FURNISHINGS, ETC.; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by changing Section 10.51, to read as follows: Sec. 10.51. Junk vehicles, furniture, household furnishings and appliances stored on public or private property. It is unlawful to park or store any motor vehicle, as defined by Minn. Stat. Chapters 168 and 169, that is unlicensed, unregistered, inoperable or displaying expired registration tabs, household furnishings or appliances; or parts or components thereof on any property, public or private, unless housed within a lawfully erected building. Any violation of this section is declared to be a nuisance and, upon seven days written notice to the owner, as shown by the records in the office of the county auditor, of private premises on which such material is found, the city may remove the same and certify the cost of such removal as any other special assessment. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Patricia E. Awada Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: D?Q0 1. DRAFT 8/31/99 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED 'PUBLIC PROTECTION, CRIlvIES AND OFFENSES" BY ADDING SECTION 10.37, SUBD. 10, REGARDING CONSTRUCTION ACTIVITY NOISE REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by adding Section 10.37, to read as follows: Sec. 10.37.Equipment and construction activity noise regulations. Subd 1. The following activity shall be unlawful on public or private property between the hours of 10:00 p.m. and 7:00 a.m.: a. Construction activity, including but not limited to: operation, repair, servicing and engine start-up/warm-up of heavy construction equipment; loading and unloading of heavy equipment; and delivery of supplies; b. The use of any power tools for construction activity including, but not limited to: saws;jackhammers;nail drivers;impact wrenches; and air compressors; C. The use of power lawn or landscape maintenance equipment, including but not limited to: lawn mowers; hedge clippers; grass/weed trimmers; garden tillers; chainsaws; leaf- blowers;wood chippers; and d. Repair and servicing of motor vehicles, recreational vehicles or other vehicles or equipment. Subd 2. Exemption. The following activities are specifically exempted from the prohibitions under this Section. a. Mining and excavation regulated by a Maung and Excavation Permit; b. All activities and land uses regulated by conditional use permits including but not limited to fuel facilities, fast food establishments, major auto repair, school activities and day care facilities; C. Public work construction and maintenance by federal, state, county or city authorities or their contractors and sub-contractors as approved by the city engineer; d. Snow removal activities; e. Emergency public works repair/construction; and f. Parking lot maintenance or sweeping. Section 2. Eagan City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Patricia E. Awada Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: jc� DRAFT 8/31/99 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIlvIES AND OFFENSES" BY ADDING SECTION 10.36 REGARDING TRESPASS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by adding Section 10.36, to read as follows: Sec. 10.36. Trespass on private property. A. No person shall enter upon the land of another and, without claim of right, intentionally refuse to depart therefrom on demand of the lawful possessor thereof or his/her agent. A demand to depart may be made as follows: (1) Orally,by the lawful possessor or the possessor's agent, (2) By conspicuously posting signs which prohibit entry on the affected land; or (3) By conspicuously posting signs which prohibit entry onto the affected land during certain hours. B. No person, after receiving a written demand not to re-enter the lawful possessor's land, shall re-enter the lawful possessor's land without the written permission of the lawful possessor, or his/her agent, for a period of up to 365 days from the date of the written demand as provided therein. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Patricia E. Awada Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: as DRAFT 8/31/99 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, M NNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED 'PUBLIC PROTECTION, CRIlVIES AND OFFENSES" BY AMENDING SECTION 10.31 REGARDING NOISE VIOLATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by changing Section 10.3 1, to read as follows: Sec. 10.31.Noisy parties or gatherings and electronic sound system/audio equipment. Subd 1. Paricipafta Noisy parties and gatherings. It is unlawful for any person to permit or to be present at or participate in a noisy party or gathering of people from which noise emanates of sufficient volume or nature so as to disturb the peace, quiet or repese comfort of another or interferes with the right of another to use peacefully his/her property, whether on public or private property. , whether on pobfie er ft- . subdiNision. It shall be presumed that a violation of this Section has occurred when any noise from aatg hering is plainly audible at a distance of 50 feet or more between the hours of 10:00 p.m. and 7:00 a.m. Subs?�bwemer#It is unlawful for any person, owning or possessing property upon which a party or gathering prohibited herein is in progress, to fail to abate such noise upon an order of a police officer. When a police officer has probable cause that a violation of this Section is occurring, the office may order all persons present, other than the owner or person in possession of the property, to disburse and leave the prop immediately and failure of any,person, other than the owner or person in possession of the property,to refuse to leave after being so ordered by the police officer shall be unlawful. Subd 2. Electronic sound system/audio equipment. A No person shall use or operate any electronic sound system or any electronic sound system or audio equipment including but not limited to any compact disc player, cassette tape player, AM-FM radio citizen band radio, paging system, or any other device designed d to produce or reproduce audio sound in such an unreasonably loud manner that it disturbs the peace quiet and comfort of others or interferes with the right of another to use peacefully his/her property or public property without disturbance. a OD� f B. It shall be presumed that a violation of this section has occurred when any electronic sound system or audio equipment is operated in a manner in which it is plainly audible,at a distance of fifty(50)feet or more, between the hours of 10:00 p.m. and 7:00 a.m. It shall be presumed that a violation of this section has occurred when any electronic sound Vstem or audio equipment is operated in a manner in which it is plainly audible, at a distance of one hundred(100)feet or more,between the hours of 7:00 a.m. and 10:00 p.m. C. When sound violating this section is produced by an electronic sound system or audio equipment that is located in or on a vehicle, the vehicle's owner is guilty of the violation, provided that if the vehicle's owner is not present, the person in charge of the vehicle at the time of the violation is guilty of the violation. D. This section shall not apply to sound produced by the following: 1. Ampli&jng equipment used in connection with activities for which a permit has been granted or in connection with activities of any organized school, church, civic, or other event or activity open to the up blic; 2. Anti-theft devices 3. Church bells, chimes or carillons, school bells, or emergency civil defense warningsignals-, and 4. Authorized emergency vehicles or other vehicles required by law to be equipped with sound devices. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Patricia E. Awada Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: o �/o DRAFT 8/31/99 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION" BY ADDING SECTION 4.31 REGARDING CONSTRUCTION AND EQUIPMENT NOISE REGULATION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by adding Section 4.3 1, to read as follows: Sec. 4.31. Construction and equipment use noise regulation. No construction or equipment activity shall be conducted in violation of the construction and equipment activity regulations provided in Chapter 10 of this Code. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Patricia E. Awada Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: C2V�2 Agenda Information Memo September 21, 1999 Eagan City Council Meeting H. ORDINANCE AMENDMENT— Chapter six, decreasing the number of Hauler Licenses ACTION TO BE CONSIDERED: To approve or deny the ordinance amendment regarding the number of licensed haulers FACTS: • In 1995, the City Council adopted a recommendation by the Solid Waste Abatement Commission to cap the number of residential hauling licensesas a means of reducing the duplication of truck trips in residential neighborhoods. The Council expected the reduction to occur through attrition and consolidation within the industry. It was the Council's intention to amend the ordinance each time consolidation occurred with an ultimate goal of having no less than five residential haulers serving the City. • It was also the intention of the Council to make the unused license non-negotiable following the sale or consolidation of haulers by setting the maximum level of residential haulers in the City Code at the actual licensed number minus one. With six haulers currently operating the council may wish to set the ordinance cap at six, the actual number of haulers operating. The Solid Waste Abatement Commission however, is recommending that the Council set the current cap at five,which is one minus the current number in operation. • In the Council's April 20 action on this item following a separate hauler consolidation the Council set the cap at the actual number of haulers operating rather than at minus one. ATTACHMENTS: • Memo attached on pages C20 through�. oc MEMO city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JOANNA FOOTE, COMMUNICATIONS/RECYCLING COORDINATOR DATE: SEPTEMBER 9, 1999 SUBJECT: HAULER CONSOLIDATION AND S.W.A.C. RECOMMENDATION REGARDING ORDINANCE 6.37 Following the recent acquisition of Quality Waste Control Services by Waste Management, the City Council will again need to review the City of Eagan ordinance 6.37 regarding the licensing of residential waste haulers. Currently the City ordinance is capped at seven and there are seven residential haulers operating within the Community. With this merger there are now only six haulers actually in operation. The Council will need to determine whether to leave the extra license available to interested haulers not currently providing residential service or to lower the license cap within the ordinance to either five or six. When designed in 1995 following a waste systems study by the Solid Waste Abatement Commission, the ordinance was adopted which capped the number of licenses for residential waste haulers at one under the current number of residential haulers actually serving the community. The extra hauler is then "grandfathered-in" which allows them a license with which to operate (at that time there were 17 residential haulers in operation with licenses capped at 16). The rationale for this system is to ensure that the license does not sit empty or become negotiable if a company is to sell, merge or discontinue operation. The system allowed for prior discussion by the City Council and/or Solid Waste Abatement Commission if a previously unlicensed hauler is to apply for a residential license. Under the newly revised system, staff must allow application to be made for any available license. At the April 20, City Council meeting when this issue was last addressed, the Council voted not to cap the licenses at one below (6), but at the actual number of haulers in operation (7). The Solid Waste Abatement Commission has discussed this issue and would like to recommend that the Council return to the practice of capping the number of licensed haulers at one under the actual number currently operating. This would allow for adequate discussion time prior to any new hauler (not previously operating residentially in Eagan) being added. The Commission also believes that the intent of the original (1995 version) ordinance works hand-in-hand with the voluntary neighborhood organization system that the City is currently promoting. It is a further step in assisting neighborhoods in the efforts of limiting the numbers of trucks traveling on roadways without limiting hauler competition. The intent of the 1995 ordinance change stipulates that the hauling system be reviewed if and/or when the number of haulers operating reaches five. The rationale for this was to allow the Solid Waste Abatement Commission and the City Council to discuss whether the community is being adequately and competitively served, or whether the number of licenses needs to be increased at that point. The Solid Waste Abatement Commission is therefore requesting that the Council cap the current licenses at five and grandfather-in the sixth residential hauler currently operating, and plan 0C:� 9 to revisit the issue with the Commission if/when another company sale, merger or cease of operation takes place. If you or the City Council would like further information regarding this ordinance or the Solid Waste Abatement Commission's recommendation, the Commission members or I will be happy to make it available. The Commission also looks forward to the possibility of a joint meeting with the City Council to discuss this and a number of other issues in the future. mm unications/Recycling Coordinator c?;, 3 0 f:. MEMOr: city of eagan TO: HONORABLE MAYOR AND CfI Y COUNCILMEMBERS FROM: CfI'Y ADMINISTRATOR HEDGES DATE: SEPTEMBER 17, 1999 SUBJECT: SPECIAL CITY COUNCIL WORKSHOP/THURSDAY, SEPTEMBER 23, 1999 A memo and appropriate attachments for the Thursday, September 23, City Council Workshop will be distributed with the Administrative Agenda on Monday. The purpose of the meeting is to discuss parliamentary procedure and the City Attorney, our Parliamentarian, is scheduled to be present at the meeting. /S/ Thomas L. Hedizes City Administrator ms city of pagan PATRICIA E.AWADA Mayor PAUL BAKKEN BEA BLOMQUIST PEGGY A.CARLSON SANDRA A.MASIN April 30, 1999 Council Members THOMAS HEDGES TO: Licensed Amusement Device Vendors City Administrator RE: 1998 Amusement Device License Renewal E.J. VAN OVERBEKECity Clerk Enclosed are application form(s)and a fee schedule for your 1999 amusement device license renewal. Please complete and return the application form(s),along with a check in the appropriate amount. Please list the location and the number of machines for which you are the vendor: LOCATION #OF MACHINES FEE Please note that any amusement device which is coin op_ grated is subject to licensing. This includes but is not limited to jukeboxes,games of skill,video games,pool tables,darts,etc. To figure your fee amount,the fee schedule is as follows: 1-3 machines $25 per machine 4-9 machines $200 per location 10-15 machines $350 per location over 15 machines $500 per location If you no longer have machines at a particular location,please note that information on the application. Please contact me at 6814632 if you have any questions. The form(s)and check should be sent to the city offices no later than June 1, 1999. The City Council will consider license renewals at the June 15, 1999 meeting. Sincerely, Kathleen Kamm Clerical Technician/Finance Department MAINTENANCE FACILITY WNICIpAL CENTER THE LONE OAK TREE 3501 COACHMAN POINT 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN,MINNESOTA 5512' EAGAN.MINNESOTA 55122-1897 PHONE:(651)681-4300 PHONE:(651)681-4600 Equal Opportunity Employer FAX:(651)681-4360 FAX:(651)681-4612 TDD:(651)454-8535 TDD:(651)454-8535 CITY OF EAGAN AMUSEMENT DEVICES FEES PER LOCATION $830 PILOT KNOB ROAD APPLICATION FOR LICENSE 1-i MACH. $15 EACH EAGAN, MN 38111 4-9 MACHINES $100 10-15 MACHINES $330 < 15 MACHINES $300 1. Name of Applicant First Middle Last Res.Address Street City State Zip 2. Business Address Street City State Zip S. Home Phone Business Phone 4. Date of Birth Place of Birth S. Type of License: Individual Partnership Corporation k 6. If Partnership or Corporation list name, title, home address and phone, date of birth, place of birth, of each partner, o and director. mfg a ,� �13aC �� i p -K"V'-i it_i>J 3 Ig r n n �(g eco D � 'xv Le 1 r l m11) 'Or VLOYO I IK n 7. Licensed Establishment Lml 4CIDyy)') � l�J� I e /b PhonLoqg City Sta Zip S. Description of Business: MOV) 9. Name antAd. of owner,o�LPremises whel.0 device is to be operated FL�� n I b F To I Pg 10. Name and Address of owner of device(s):�h��.St,� 1�� x)12 iNVB�p t so A'W r�SUM 11. Have you ever been arrested or convicted of any crime or misdemeanor, other than a traffic offense: Yes No_X 12. For Amusement Device License (Continue list on separate sheet if necessary): L Description Name of Manufacturer Ser• FOR OFFIC$US$ ONLY: Pd. Date RSI m r license New Renewal CITY OF EAGAN 3$t8 PILOT KNOB ROAD ISAGAN MN $5122-1897 Al!FUCATI+I +I LICENSE TO SELL TOBACCO PRODUCTS 4 Alia lA3 if Birthday Resident AddressRoAto Oak . kits' state zip Business Address c I'V) TvYAA M of Soft Zip 117 Home Done Business Phone j - to Business name in Eagan where tobacco is to be sold9-1 p3j LO to 12 Business address in Eagan where tobacco is to be sold, I y j f D c� T R D(x oA TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) � . Cigarettes,cigars and other smoking tobacco Snuff,plug and other chewing tobacco Clippings,cuttings and sweepings suitable for chewing or smoking Pipes and other tobacco related devices _ Cigarette papers and wrappers PACKAGING OF TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) Individual pack or can Two or more packs or cans packaged together ,t. X Full canons a LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS: (Check all that apply) _ Self-service merchandise _ Over-the-counter x Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH . FIXED PLACE OF BUSINESS. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUND FOR SUSPENSION OR REVOCATION OF LICENSE. x,. I (WE) HEREBY AGREE' O OPERATE SUCH BUSINESS IN RDANCE WITH THE LAWS OF MINNEOSTA AND THE ORDINANCES OF THE F E THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE IiEIST OF KN B Ail• r DATE AUTHORIZED SIGMA /7j P,17 R OFFICE USE ONLY City Council Approval,Dane Date issued Minnesotaartmcat of Public Safety h' LIQUOR CONTROL DIVISION *s, 444 Cedar St.,Suite 100 L,St. Paul,MN 55101-2156 w `-� Fax(612)297-5259 (612)296-6430 TTY(612)282-6555 CERTIFICATION OF AN ON SALE AND/OR SUNDAY LIQUOR LICENSE No license will be approved or rekased until the S20 Retailer ID Card fee is recelved by MN Liquor Control Workers Compensation Insurance Company S I • 1ppv1 Policy# W ✓A 4 3 O i3 3: LICENSEE'S SALES do USE TAX ID# kn Q1 3 To apply for sales tax number,call 296-6181 or 1-800-657-3777 ISSUING AUTHORITY CITY OF Q COUNTY OF Liocnsce Namc(Corporation,Partnership, Individual) DOB Trade Name or DBA 5ACIRI-V C. �-Ob+ Business Address City Zip Code License Type(Check-&e or both) License Pcrilod County On Sale XSunday q On Sale Licease Number On Sale Fee Sunday License Number Sunday Fee Business Phone - - z33 If a partnership,state the name and address of each partn7r, If a corporation,state the name and address of each officer. Partner/Officer Name(First,middle and last) DOB Title Address '3Sc�-(�-� f LAC1-F rC< -7k53 Vp "' . Partner/Officer Name(First,middle and last) DOB Title Address STa4N1. —r�)LFIZ Partner/Off cer Name(First,Huddle and last) DOB Title Address �Y' D The Licensee must have one of the following: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) Check one OA. Liquor Liability Insurance(Dram Shop)-$50,000 per person; S 100.000 more than one person; 510,000 Property Destruction; S50,000 and S 100,000 for loss of means of support. or OB. . A bond of a surety company with minimum coverage as spceified above in A. Cr OC. A certificate from the State Treasurer that the licensee has deposited with the State,Trusi Funds having a market value of $100,000 in cash or securities. 0 Yes P No During the past license year has a summons been issued under the Liquor Civil Liability Law(Dram Shop)? If yes,attach a copy of the summons. Cbeck those items that aRply. . tte; ,.- �_ Circle one Transaction Type 0 New 0 Revoke/Cancel ., SttspcndJRevoke/Canoelled ransfer 0 Suspension From To Transfer of ownership from(Name and Address) tha this license was approved'An an o ial meeting by the governing body of the city or county. Iv % - Q - 9 Icrk's Si aturc Date IMPORTANT NOTICE All retail liquor licensees must have a current Federal Special Occupational Stamp. This stamp is issued by the Bureau of Alcohol,Tobacco and Firearms. For information call(612)290-3496 PS 9011-94