02/20/1998 - City Council Regular AGENDA '�s'
EAGAN CITY COUNCIL-REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
JANUARY 20,1998
6:30 P.M.
I. ROLL CALL&PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA&APPROVAL OF MINUTES(BLUE)
III. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMIT)
IV. DEPARTMENT HEAD BUSINESS(BLUE)
V. CONSENT AGENDA(PINK)
A. PERSONNEL ITEMS
A y B. FINAL SUBDIVISION,GVR Acres,Greg and Valerie Rathman
C. CONFIRMATION of Findings of Fact,Conclusions&Resolution of Denial,John Young,
1O Conditional Use Permit to allow a 150'free standing tower and antenna and Variances of 10'
from the required 20'side-yard setback,40'from the rear-yard setback and to the preferred co-
location requirement of 1/2 mile for property located at 4870 Biscayne Avenue
D. MODIFICATION of Wetland Replacement Plan,Skyline Displays,Eagandale Corporate Center
a� No. 2
;1 E. MODIFICATION of Wetland Replacement Plan,Eagan Promenade
g F. FINDINGS OF FACT,waiver of noise attenuation requirement for historic home relocation,
Jim Simonet, 3432 Highway 55
,C) G. AWARD CONTRACT for steel and pre-cast, Second Sheet of Ice
(� H. PROJECT 729,receive feasibility report/order public hearing(Wilderness Run 5"'&6th-Street
Improvements
VI. 7:00-PUBLIC HEARINGS(SALMON)
oZ A. VARIANCE,Joel Buttenhoff,a 5 foot variance request to the required 5 foot parking setback for
Lots 19 and 20,Block 2,Eagandale Center Industrial Park No.4,located on Mike Collins Drive
in the SE 1/4 of Section 11
y�
3#.t B. PROJECT 717R,(Country Home Heights-Street Improvements)
y/f VII. CITY ORGANIZATIONAL BUSINESS(GREY)
,D Y_3 A. Advisory Commission Appointments E. Council Meeting Procedures
B. Acting Mayor F. Standing Committee Appts.
y C. Official Legal Newspaper G. Other Appointments p q 9
D. City Council Meeting Schedule
VIII. OLD BUSINESS(ORCHID)
�j A. RECONSIDERATION of PRELIMINARY SUBDIVISION-Jon Paul Herbst(Cain Addition)of
1.67 acres for two single family lots,legally described as Lot 1,Block 1,Post Addition,located at
2890 Skyline Drive in the SW 1/4 of Section 4
B. CONFIRMATION of Findings of Fact,Conclusions&Resolution of Denial-Jon Paul Herbst
(Cain Addition)
IX. NEW BUSINESS(TAN)
tl t73 A. RECOMMENDATION,Airport Relations Commission,Metropolitan Council comments,
/- Comprehensive Guide planning for airport noise zones
B. AMENDMENT,City Code Chapter 6.37,Garbage,Refuse and Recycling Haulers,reducing the
maximum number of residential hauling licensees to reflect the current number
C. PRELIMINARY SUBDIVISION,Dr.Shiela Megan(Town Centre 70 Twenty First Addition)of
one lot and one outlot,on property legally described as Outlot A,Town Centre 70 Twentieth
Addition,and a CONDITIONAL USE PERMIT to allow an animal hospital with boarding,
located at the northwest corner of Denmark Avenue and Duckwood Drive in the NW 1/4 of
Section 15
X. LEGISLATIVWINTERGOVERNMENTAL 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 1/15/97-3:05 p.m.
t -
j, MINUTES::QF•A-KVCx,�,3.'AX2;'0 OF THE
' Eagan,Minnesgfik::
January 6,1998'
A regular meeting of the Ea on Tuesday,January 6,1998 at 6:30 p.m.at
the Eagan Municipal Center. Present were'Ick; a ;arid'Councilmembers Wachter,Awada,Masin
and Blomquist. Also present were City Admiriistrattir Tom Hedges,Senior Planner Mike Ridley,Director
of Public Works Tom Colbert,and City Attorney jim Sheldon.
Councilmember 1vMasin moved,"�o ii oe # ip ai er seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
vuvUZS OFiE DECEIIx6 1`'REGULAR I�IEETING
Councilmember Blomquist mojierliar►ciliiielr-Awada seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
04,LJTES, 3F fiHE�ECEMBE 16;1997 SPECIALyiEETI�i+G
Councilmember Awada moved,Councilmember Wachter seconded a motion to approve the
minutes as presented. Aye: 5 Nay:
MINUTES OF'THE NCtV�M$ ,�$;,1997,'SPE(„IiAIa1VlEETIN
Councilmember Blomquist moved,: pneii # ti?ipi c'Awada seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
LPARTMENT 113AD BUSINESS
SELECTION OF AQUATIC FACILITY CONSULTANT
City Administrator Hedges provuled.am.oy.erview on this item. He stated that four consulting
firms were interviewed and it was the:eo ation to select the firm of Water
Technology,Inc. He added that this is the"'* isf step''ii 'iiteririining the feasibility of an aquatic facility.
Councilmember Wachter moved,Counci#i3i em.ber ada seconded a motion to approve the
hiring of Water Technology,Inc.as the consulting: rm for'. :aquatic facility for the City of Eagan. Aye:
5 Nay: 0
10-N Ei�7DA
In regard to Item Al,the hiring of Michael Maddio.ap an Engineering Technician,
Councilmember Wachter asked for more information on tJi**ties of this position and whether or not the
position had been planned for. Director of Public Works C�i&rt explained that this person will be filling
a vacancy created by a previous retiredtcE;:;:;;;;;:;
In regard to Item C,Authorize vlans and specifications,Civic Arena addition/second sheet of ice
Councilmember Wachter asked about the soil conditions.::00'ector of Parks and Recreation Vraa said that
the soil conditions were better than the soil borings had pi usly indicated. He commented on the
favorable bids received for steel and pre-cast.
In regard to Item D,Confirmation of Findings of Fact,Conclusions&Resolution of Denial To
Paul Herbst(Cain Addition)located at 2890 Skyline Drive in the SW 1/4 of Section 4 Councilmember
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EAGAN CITY COUNCIL MEETING MINUTES;JANUARY 6,1998
PAGE
Blomquist asked how this item should lid ndled since a rO�b`sideration request by Mr.Herbst was
scheduled as Item C of Old Business. Ci :Adn':nistratQpilehes indicated that these items are two
distinctively different issues and could eitfiez :*,ct�4:.'�ji6:individually or the findings could be
continued for further discussion with the item iii 6Y'bld Business. Councilmember Awada asked if there
was a problem with regard to the timeframe for action. City Administrator Hedges stated that the
developer has the right to waive the time stipulation.
Councilmember Blomquist movkd:Q•t pnc4lmpAil r;Awada seconded a motion to continue the
confirmation of Findings of Fact,Conclt s oxts:$c 3# cihWi**.:Denial for Jon Paul Herbst(Cain Addition)
for discussion with Item C of Old Business. Aye:.. ."::Nay: 0
In regard to Item F,Ap rp ove applicatiork anti investig hon fees for Adult Use and Adult
Companionship/Escort Services Provider•>y ,erise apy.:Fj�&inquired about the accuracy of the
investigation and application fees. Chi4d.-Nil6e G4 aiEi stated that the fees were accurate.
In regard to Item H,Amend final assessment roll,Project 687(Biscayne Avenue-Street&Utility
Improvements),Councilmember Blomquist stated that she would be voting against this item. She added
that there are problems with the City's assessment policy.
In regard to Item J,Ap rp ove T!}gr t� ornwell Co.Assessment Settlement Agreements-Projects
e 682 and 718,Councilmember Blomquist'gWi. t; #le;would also be voting against this item because there
are problems with the City's assessment poli cy.
.r
In regard to Item K,Resolution to su'I itiit.M;k ...A'Grant to Amateur Sports Commission,
Councilmember Blomquist asked for further;:W"b t ia'tion on this item. Director of Parks and Recreation
Vraa explained what the grant money oir�U:6—'fed for.
A. Personnel Items
Item 1. It was recommended to approve the hiring of Michael Maddio as an Engineering Technician.
Item 2. It was recommended to accept ig 1 o€:ie3grc�; oi tom Kelley Janes from his position as
Utility Supervisor.
Item 3. It was recommended to accept the letter Kiesignatipi~iifrom Howard Favilla from his position as
Building Maintenance Supervisor.
Item 4. It was recommended to approve the hiring of Chad Brown,Kim Campbell,Kyle Cloutier,Jennifer
Griffith,Andrew Halverson,Patrick Manning,Vincent Margens,Scott Prady,Mike Warner and Kerry
Wollin as part-time seasonal winter sports officials for adult boot hockey,men's broomball and co-rec
broomball leagues.
Item 5. It was recommended to approve the hiring of Mike'I emenak and Tricia Larson as part-time
seasonal winter recreation leaders.
Item 6. It was recommended to approve a reorganization w�aim the Planning Division which includes
the elimination of a Senior Planner position,the downgra&:igof an Associate Planner position to a Code
Enforcement Technician position and an expansion of the etlirent part-time GIS Intern position to a full-
time regular GIS/Computer System Technician position.
B. AQprove Ski Trail Grooming Agreement. It was recommended to approve an agreement with Dakota
County Parks for cross country ski trail grooming and authorize the Mayor to sign.
EAGAN CITY COUNCIL MEETING MINUTES;JANUARY 6,1998
PAGE
C. Authorize plans and specifications,&ic Arena additioti-second sheet of ice It was recommended to
approve plans and specifications for the• ena Aditgii and authorize advertisement for bids.
D. Confirmation of Findings of Fact,Conclusions$r'€tesoluin-of Denial Ton Paul Herbst(Cain
Addition)located at 2890 Skyline Drive in the SW 1/a of Section 4 (This item was continued by motion for
further discussion with Item C of Old Business: Blomquist,Awada;5:0 and subsequently continued to
the January 20,1998 City Council meeting: Awada,Masin;5:0)
E. Approve National League of Cities in"fiersi; i was recommended to approve City
., =.,..
membership in the National League of Cities f6 as pr 48 ted.
F. Approve application and investigation fees foi*�Adult Used Adult Companionship/Escort Services
Provider Licenses. It was recommende �Y
d:to,a iii%Aig ap ation and investigation fees for adult use
and adult companionship/escort serviees:p mvfder
G. Approve license agreement drainage&utility easement within Lot 10 Block 4 Eagandale Center
Industrial Park No,4. It was recommended to enter into a lease agreement with the Jeske Company to
allow the construction and maintenance of private storm sewer on City property,
H. Amend final assessment roll,ProJe&&87(Biscayne Avenue-Street&Utility Improvements It was
recommended to amend the final assessiiieitr: t�1;. or;.Pzoject 687(Biscayne Avenue)based on the
appraised benefit amounts and authorize its certif 4f"':tb:Dakota County for collection.
(Councilmember Blomquist opposed)
I. Contract 95-EE acknowledge completiorrittoiize''City maintenance(Deerwood Townhomes
Utilities). It was recommended to ack;i.W':'it the completion of Contract 95-EE(Deerwood
Townhomes Addition-Utilities)and s'uthorize perpetual City maintenance subject to warranty
provisions.
J. Approve Thorson-Cornwell Co.Assessment Settlement Agreements-Projects 682 and 718 It was
recommended to approve the Thorson-Coxnwell.assg4gnent settlement agreements for projects 682 and
718, {Councilmember Blomquist oppdSd�;
K. Resolution to submit Mighty Kids Grant to A&iteur Sports Commission It was recommended to
approve a resolution to submit a Mighty Kids Get in the AMount of$12,109 to the Minnesota Amateur
Sports Commission,
Councilmember Wachter moved,Councilmember Awada seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
MINISTRAT.iV�,,�,GEIITDA
SPECIAL CITY COUNCIL MEETA4GS FOR JANUARY
Councilmember Masin move#; iGjeiic;l tda seconded a motion to approve Special
City Council meetings for January 13,20 and 27,all beginning at 5:00 p.m. Aye: 5 Nay: 0
City Administrator Hedges commented on the arft:6de change and stated that the new area
code for Eagan will be 651.
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EAGAN CITY COUNCIL MEETING MINUTES;JANUARY 6,1998
PAGE
�UBLiG,HEARiI�?l
EASEMENT ACATI .
NT C ;:•Su•ANITARX;$, ER EASEMENT WTTHIN
;ODI TION
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report.
Mayor Egan opened the public Par ;tQ apXone.v�fishing to speak. There being no one,he
turned the discussion back to the Count:; .
Councilmember Wachter moved,CouncMbmber A*itda seconded a motion to close the public
hearing and approve the vacation of a public eas44ent wifti-putlot A,Robins Addition and authorize
the Mayor and City Clerk to execute all related;; G i ient9: :Me: 5 Nay: 0
_JLD;BUMESS
INITIATION OF A REQUEST FOR SPECIAL LEGISLATION ALLOWING AN
INCREASE TO THE NUMBER OF ON-SALE LIQUOR LICENSES AVAILABLE TO BE ISSUED
City Administrator Hedges pr&f ded an overview on this item. He said that if the current market .
demand continues the City will be out ai":ork-Sic uor licenses before the federal census would make an
adjustment in the year 2000. He noted that lt4 i�&'Smbmitted a letter to the City Council,but was
unable to attend this evening's meeting. r
Councilmember Wachter asked hpyi;iiily' dr licenses are available and the number of
additional licenses that are being reque9te ;:Liiector of Finance/City Clerk VanOverbeke stated that 23
of the 26 licenses have been issued. He'tided that there are a couple of outstanding applications. He
provided an explanation on the special legislation with regard to the 2000 census. He said it seems
appropriate to avoid competition for a valuable resource. He further said it may be best to have more
licenses available than the market might necessitate.
Councilmember Awada number of liquor licenses they will
become a valuable commodity. She e need for the number of licenses. She
further said that it is not appropriate for the City:rontrol:if a market in this situation.
Councilmember Blomquist said that the spa{e law li*S J>een very specific with regard to liquor
licenses and opening them up because the market dictates isi�ot appropriate. She said she is very
concerned with how many licenses there are in the City,the types of businesses they have been issued to
and how they are affecting the community. She further said she feels uncomfortable going to the
legislature to request an increase in the number of licenses. She added that the City could hold out
successfully and she would prefer to wait until the time of the new census and put the formula back in
place.
Mayor Egan said he was in agx artt :C� ember Awada. He stated that the City
Council just recognized Mr.Baker for S ie;.t.4 b'fi oQ94#:Wi he restaurant business in this region He
added that he is well-respected and deserves a tremendous amount of credit for all that he has done. He
said that this industry is very important in the City of Eag ;and the City Council needs to protect the
public good by promoting as much competition and opporhffi'ity as possible. He added that he would
prefer to remove the threat of a possible monopoly on a valuable commodity such as liquor licenses.
Councilmember Masin stated that she wants to preserve at least one,if not two,liquor licenses for
a full service hotel until the end of 1999. She further stated that she has no problems trying to minimize
EAGAN CITY COUNCIL MEETING MINUTES;JANUARY 6,1998
PAGE
further development and would prefer'td accommodate the•biisinesses that are already in the City. She
asked if it is worth going to the legislati� ,for a few extra 1# ses when the census is only two years
away. Councilmember Awada stated tRj1:- te.census figgtt s.�vill not be available until at least a year
after the census. Mayor Egan said that the' -1?e'restricted by whatever the census results are
and would have to request additional licenses 9'hliaf1&e.
Councilmember Wachter asked how many additional licenses the City would be requesting.
Mayor Egan said that the number would be dependent upon what Eagan's legislative delegation would
be willing to carry. He added that the z MtW:xnus1:bg;xeaamwble and credible.
Director of Finance/City Clerk VanOvei} e statec#>jiat when the City previously requested
special legislation for additional licenses they suggested ten'Md then decided to scale back to three
because the City Council and legislative represe' #}ives wei gncomfortable with ten. He noted that two
years later the City had a problem agate;ac; itxfdi legislation changed the number from three
to eight. He said that four would be a i;•Asoiia&e ntimbe.-a id would provide some flexibility in the next
few years.
Councilmember Awada moved to approve a request for four additional liquor licenses.
Mayor Egan said that he has been told that when the 16-screen theater is built in the City it is
likely that one or two Class A restaurant .%�n#•be proposed. Councilmember Masin said she was only
willing to support a request for three aclditinial;:liss.
Councilmember Awada amended hikearlier motion;-Councilmember Masin seconded the
amendment to approve the initiation of a r ue$t fo•: is -) egislation allowing an increase to the
.•.•,
number of on-sale liquor licenses by thr t c 'in the City of Eagan. Aye: 4 Nay: 1
(Councilmember Blomquist opposed)
r, Mayor Egan noted that there have been questions raised about personal hardships certain
businesses have faced as a result of the competition and that much of the competition has been from
national chains. He stated that many of the restaurants in the City that have been issued liquor licenses
are locally owned.
Councilmember Wachter further amen' 4d'fFie motion to change the number of requested liquor
licenses from three to four.
Councilmember Masin questioned whai: 1 prevWthe City from asking for more licenses in .
1999 and 2000. Mayor Egan noted that the legislative delegation does not like to make special requests for
cities on a frequent basis. Councilmember Blomquist stated that the City Council does not have any data
on the number of police calls to the current establishments in the City that have a liquor license. She
questioned the impact these businesses have on the police department and the community. She said she
would like further information. Mayor Egan commented that he has not heard of any problems.
Councilmember Awada seconded the amendment&approve the initiation of a request for
Special Legislation allowing an increase#v#te:ritiikt ;A ;q ;sale liquor licenses by four to be issued in
the City of Eagan. Aye:. 4 Nay: 1 (Cstit�i 4i3iii#iltiltist opposed)
BUILDING MOVE PERM1%j- IM SIMONET
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. Councilmember Masin asked if it would be possible to get the house certified as a historical
building since the structure is going to be modified. Councilmember Wachter stated that the only change
EAGAN CITY COUNCIL MEETING MINUTES;JANUARY 6,1998
PAGE
proposed to the house is the replaceme&*o'f the upstairs becl m windows in order to meet code
requirements.
Councilmember Wachter moved,C'`ottcfltxteiiiwada seconded a motion approve a building
move permit to locate a 43'x 27'two-story house [tr'a'L4'x 28'detached garage from 3555 Highway 149
to 3432 Highway 55,waiving the noise attenuation due to the historic nature of the home,subject to the
following conditions:
1. A building permit is requ;'tx•W:foz.tkie4pupg1afion and interior.
2. The house shall be modified to b.' nsiste0*ii1th the current building code.
Aye: 5 Nay: 0
RECONSIDERATION OF APPR;V FOR Aitf!+T iUDITION-JON PAUL HERBST AND
CONFIRMATION OF FINDINGS OF FACT,CONCLUSIONS&RESOLUTION OF DENIAL
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Jon Paul Herbst provided an e., 1ai1a#4?regarding his request for reconsideration.
Mayor Egan suggested that Mr.Herbst iiieet:Wsfbi;,N1rs.Hill and the other neighbors so they
understand his latest proposal. Councilmen� r Blomquist.asifed how much time the Council has before
they need to take action. The applicant indiC&ied.he;:Wou d: 'willing to waive the 120 day requirement
and extend the timeframe an additional,.60;fiiays;
Councilmember Wachter moved,Councilmember Awada seconded a motion to approve a
reconsideration of the two-lot Cain Addition Preliminary Subdivision request for property located at 2890
Skyline Drive in the SW 1/4 of Section 4 at the January 20,1998 City Council meeting. Aye: 4 Nay: 0
Councilmember Awada moved,.ColmrA embe..Malin seconded a motion to continue the
Findings of Fact,Conclusions and Res ipreliminary subdivision request by Jon Paul
Herbst(Cain Addition)located at 2890 Skyline Drve'ui'tle`southwest quarter of Section 4 to the January
20,1998 City Council meeting with the understai dhhe that Ik x:Herbst has agreed to extend the timeframe
an additional 60 days. Aye: 5 Nay: 0
ORDINANCE AMENDMENT-CHAPTER 11,ENT`IT-LED"LAND USE REGULATIONS"
(ZONING)BY AMENDING SECTION 11.21 SHORELAND ZONING
City Administrator Hedges provided an overview on this item.
Councilmember Wachter stated that he was amaze; ::&the number of lakes in Eagan that are
unnamed. He said this matter should be discussed with the4arks Commission. Councilmember Awada
suggested that the History Commitre� ssiclk da item.
Councilmember Awada moved,Councilmember Blomquist seconded a motion to direct the
History Committee to consider names for lakes and wetla i'4* Aye: 5 Nay: 0
Mayor Egan noted that a lot of work has been done on this ordinance amendment and now it is
much more user-friendly. Councilmember Blomquist extended thanks to those individuals who helped
clean up the ordinance.
EAGAN CITY COUNCIL MEETING MINUTES,JANUARY 6,1998
PAGE
Councilmember Blomquist mooed,CouncilmemberlvMasin seconded a motion to approve the
adoption of an ordinance of the City oflogan,Minnesota amending Eagan City Code Chapter Eleven
entitled"Land Use Regulations"(Zoning &y;amending Se fjoh 11.21 regarding Shoreland zoning
regulations;and by adopting by reference' gi? t+ ;Chapter 1 and Section 11.19 and approve a
resolution authorizing publication of a summafiy eac#Mg ike. Aye: 5 Nay: 0 . .
fEL�'�BU�iNESS
CONDTTIONAL USE gEI MT�;$L VArR.ANCES,JOHN YOUNG
TO ALLOW A 150( ' AM-.T--..'T AND ANTENNA
City Administrator' Hedges provided aA6rview vi4-this item. Senior Planner Ridley gave a
staff report.
John Young,applicant,stated t#iait e—dvi i i? ring Commission did not have an
opportunity to see his letter of December 31. He pres6ted a map showing the current corridors and
antenna locations. He stated that he has some ideas regarding getting companies to co-locate antennas on
a single antenna and said he would like to present them at a future Council work session. He added that
the area where the communication tower is proposed to be located is well screened.
Councilmember Blomquist ask ::a.out the setbacks and why Mr.Young is requesting these
variances. Mr.Young explained that die:#dfli :sj�tall.and is surrounded by industrial property to the north
and,south in addition to public facility property'to:-t :.,West,.He said the most appropriate location for the
tower is in the rear of the lot and added thakhere is aiiei uaWscreening of the area. Councilmember
Blomquist stated that the City Council recei t#y co. lete�l;;}ce:-ordinance regarding communication
towers and antennae and she noted they,tvbti]dj� :seffiiig a precedence by granting these variances. Mr.
Young said that a precedence has alrea ?] eii set because variances have been granted for some
industrial properties. Councihnember'Bl'omquist commented that this was done prior to the approval of
the ordinance.
Mayor Egan said that the Advisory Planning Commission has spent a great deal of time laboring
over this ordinance and with the num r of items anticipated for this year's Council work sessions he did
not feel there is need for further discW!,!W e i ;;�b� i unication towers.
Councilmember Masin stated that she is�oncerned:aout the number of variances being
requested and the fact that the APC denied this m'Vest anoi5Wd she would prefer to deny this request or
continue it until the APC gives further review ai fti approvo;tif the application.
Councilmember Awada asked why it was necessary to grant a variance to the one-half mile
radius for preferred co-location sites. Senior Planner Ridley stated that the nearby Sprint monopole only
has a single user on it. He said this pole is a"preferred co-location"site and it is necessary to either
provide a second co-locator on the pole or provide evidence why a second co-locator cannot be located on
the pole. He added that the idea of co-location is to fully u.€i a the poles that are already in place before
installing new poles within a half mile radius.
Councilmember Wachter saidf3i }iaikitiiifi applications should be accompanied by
engineering information. He asked Mr.Young if he had a company that was interested in this location.
Mr.Young said it was only speculation. Councilmember:�achter asked if some of these cellular sites
could be located on electric power poles. He commented i a power pole on the corner of Lexington and
Yankee Doodle Road that extends 50 feet above the power lines. Senior Planner Ridley stated that
locating antennae on existing electrical poles is occurring now.
EAGAN CITY COUNCIL MEETING MINUTES;JANUARY 6,1998
PAGE 8
Councilmember Wachter movA;:]Councilmember 1 fi*n seconded a motion to deny a
Conditional Use Permit to allow a 150'tAl communication tp,.wer monopole;a Variance to the one-half
mile radius for Preferred Co-Location siti?fiind a Variancoofj0'to the required 20'sideyard setback and
a Variance of 40'to the 50'required rear yaric#s taek-to;6-'aated on Lot 3,Block 2,Hally's Addition east
of Biscayne Avenue in the SE 1/a of Section 36'aced'the preparation of Findings of Fact for Denial
for the January 20,1998 City Council meeting. Aye: 5 Nay: 0
Councilmember Awada stated that she feels Mr.Young is on the right track and encouraged him
to continue in this direction,but she added,thg reason the Council is not in favor of his application is
III because of the number of variances beirW-#.jii
...
REZONING-ARTIFA I`'1S GRAILS SERVICES
City Administrator Hedges provided.oi':tr0rview,q :91is item. Senior Planner Ridley gave a
staff report. Councilmember Wachter GA# iue ed 1�4'*: �a ip11 ant's business sign was installed prior to
City Council approval. He said that he'iis concerned' i:itipplicants may get their hopes up in
anticipation of Council approval,which may or may not occur. Councilmembers concurred that this
business is a great use for this property.
Councilmember Masin moved,Councilmember Blomquist seconded a motion to approve a
Rezoning from Agricultural to Limited:Bgsiness for a one-acre parcel identified as P.I.D.#10-10000-060-75
located on the west$SGe-'Of LeJCulgtOil of Yankee kCe DOOUlC 1\VQU at 3345 Lexlllgloll.Avenue in
the SE 1/a of Section 10. Aye: 5 Nay: 0
CONDITIONAL USETERMI-T-:4PONWIDE GROUP
City Administrator Hedges prc��r�dect:*A'overview on this item. Senior Planner Ridley gave a
staff report.
Councilmember Awada moved,Councilmember Wachter seconded a motion to allow outdoor
storage of rental trucks for the Acorn Mini-Storage facility which is under construction at 2935 Lexington
Avenue(Lot 2,Block 1,Eagandale Center Industrial Park No.10)on the northwest corner of Lexington
Avenue and Lone Oak Road in the SE.Y.A" the following conditions:
1. No more than four rental movins,:trucks sW:be stored on the site. Storage of the rental
trucks shall be only in the locati6*0own on.. a site plan dated 11/19/97 and shall be
enclosed by the fence around th':4 bvelopniot.
2. Concrete curb and gutter shall be installed on the outside edge of the storage area.
3. The storage area shall be a minimum of 10 feet wide to accommodate the truck storage
without interference to the drive aisle.
Aye: 5 Nay: 0
CONDITIOI� ANSPORT 21,INC
City Administrator Hedges provided an overviewxiik:this item. Senior Planner Ridley gave a
staff report. Councilmember Wachter stated he was concdt6d about the pending assessments on this
parcel. Director of Public Works Colbert provided an explanation regarding the pending assessments and
stated that they are not a condition of approval. He noted that the information is provided in the staff
report as a benefit to the applicant so they are aware of their full financial obligation.
EAGAN CITY COUNCIL MEETING MINUTES;JANUARY 6,1998
PAGE
Councilmember Awada movecX;i ouncihnember MAter seconded a motion to approve an
amendment to the existing Conditional..Use Permits to alloW leasing of trucks and outside storage of
trucks by someone other than the prop y.,9wner at 920A& Drive subject to the following conditions:
1. This conditional use permti aid1C ? isti allows leasing,service;and outside storage of up
to 20 trucks by someone other than.the property owner. This is in addition to the storage
of 50 trucks approved for the property owner.
2. All repairs and maintenance(including washing)of trucks and trailers must occur inside
the building.
3. All signage must meet the requi ikents of;t�@ sign code(City Code Chapter 4)
4. All other conditions of the 0&1:CUPs property shall apply.
5. The conditional use peiriiit''a'mendmi""'%Mall be recorded at Dakota County with
documentation provided to the City.
Aye: 5 Nay: 0
REQUEST BY CAPONI AR•T,.PARK TO SUPPORT PROPOSED LEGISLATION
GRANTING SPECIALTAXANP,SPECIAL ASSESSMENT TREATMENT
OF A 60-ACRE TRAC*T.&'P#ZCfEtTY AT 1215 DIFFLEY ROAD
City Administrator Hedges providefil':an overyiekv;tj this item.
David Kennedy,President ofteiiE Park Board of Directors,stated that the goal of their
corporation is to acquire the park andcai'i�q'out the visions and dreams of Mr.Caponi. He explained the
purpose of the proposed legislation. He said that they met with the County Board today and they
continued action until after the City Council's action,but he added that they appear to be in support of
the legislation.
Councilmember Wachter stat :tbpkt-wv:y. m;a Q;t�esuggestion was made to the Caponis to
move the parking lot to the south sidd:ah :W I: it?rid 3�i�ex of the property. He noted that the City has
a lot of obligations pending and has given sign*ant input.to.the foundation for a long time. He added
that it was hoped that this issue would have beeijiesolved.fii;!.o years ago. Mr.Kennedy said he believes
this is the last step to resolving the issue, Councomember�Achter stated that he does not have anything
against the program,but feels things have been df6umven?t4and said there are many property owners
in Dakota County with green acres status that would like tli :same treatment. He noted that some
churches would also like to be granted deferments. He questioned the feasibility of granting this request.
Councilmember Masin stated that Mr.Kennedy's enthusiasm and commitment is appreciated.
She said that the art park is an important resource for the irommunity and commented that she was
excited to see other levels of government and organizatior #king an interest in this also.
Councilmember Masin mover .i�q t ...... fiac'b i Ada seconded a motion to approve support of
proposed legislation to be presented 0 gislature which would continue"Green
Acres"treatment for the 60 acre tract of property at 1215 P".. ey Road known as the Caponi Art Park for
special assessment purposes for five years,which would provide taxation on the property under an
agricultural classification for five years,and which would'provide that if the property or any portion of it
were,during he five year period,conveyed to anyone other than Ms.Capon,a child of Ms.Capon or a
non-profit corporation,all deferred special assessments would be payable with interest and the taxing
EAGAN CITY COUNCIL MEETING MINUTES;JANUARY 6,1998
PAGE 10
districts would"recapture"the tax diffo itial between the a*"'.*:ultural classification and the appropriate
classification otherwise assignable to ths.pxoperty.
Councilmember Blomquist said s#i :iva ; gncerr d4bout setting a precedent by giving approval
to this request. She added that with regarcl'ti:} eaf1 plc bond referendum there are people
concerned that this may be another way of circumventing that process.
Mayor Egan commented that the people spoke loud and clear that they did not want the City to
use public taxpayer dollars to buy the land,but that does not prevent the City Council from being creative
in coming up with other alternatives ani 1; t ;c p ii�TM �q*to try and enhance the ability of this
foundation in trying to acquire the riaf :ltafi #t '#Qitdation is only asking for a temporary
deferral of the taxes which will ultimately be reps: He sai# .at with regard to precedence,if another
entity were to offer the same kinds of amenities 4s;the art p4X�,he would then seriously consider that. He
added that he has not heard of any churches mak-ft the sa"4equest. He further added that churches
have well-established budgets and factof;�h tai*:i�dst';af:th : tssments. Councilmember Wachter stated
that Trinity Lutheran Church and St.Tktiitias' eckef'licii requested deferral of their taxes.
Dakota County Commissioner Patrice Bataglia stated that the County Board has a policy to
respect the local jurisdictions of cities and townships and allows them to take action before the Board
takes action. She noted that the discussion at the County Board today regarding the request for special
legislation was extremely favorable. Sle.said she appreciated the City of Eagan for taking responsibility
and acting to support the arts in the cci) ►km`
A vote was taken on the motion. Aye. 3 Nay.:*' :'(Councilmembers Blomquist and Wachter
opposed)
ORDINANCE AMENDMENT ''6;INDIVIDUAL COMPANIONSHIP/ESCORT
SERV-Jek9'PROVIDER LICENSING
City Administrator Hedges provided an overview on this item.
Councilmember Awada moved,Councilmember Masin seconded a motion to approve an
ordinance amendment to Chapter 6, hip/Escort Services Provider licensing. Aye:
5 Nay: 0
i
ORDINANCE AMENDMENT- Ac�CI�APTER 10:::POTENTIALLY DANGEROUS
AND D ;r,.EROV ::DOG
City Administrator Hedges provided an overview' :1his item. Councilmember Blomquist stated
that she heard a commentary about the largest number of accidents which are dog bites. She said it is
important for the Council to approve this ordinance amendment.
Councilmember Blomquist moved,Councilmember-A--wada seconded a motion to approve an
ordinance amendment to Chapter 10,Potentially Dangerotisiind Dangerous Dog. Aye: 5 Nay: 0
EISLATI'tz �}Rr ? IIEIVTl1L AFFAIRS
City Administrator Hedges mentioned that the Data County League of Governments has made
a decision to proceed ahead with the annual breakfast presentation to the Dakota County legislative
delegation. He said that the Dakota County Mayors Groin'i'eviewed the proposed presentation at their
last meeting and agreed it was effective and they encouraged each City Council to be m%re active in
meetings with their own legislative delegatioli to discuss common issues. He added that he will try to
arrange to have the three members of the Eagan delegation attend a City Council work session in
EAGAN CITY COUNCIL MEETING MINUTES;JANUARY 6,1998
PAGE 11
February. He further added that follow the work session:i& would have an opportunity to address
the community at the regular City Counc meeting. Councilmember Masin suggested that the
Metropolitan Council representative be$.D to attend. .
Councilmember Masin mentioned'i?1##@`:!5}i, i'(Yaii Transit Association meeting to be held on
January 14 is for the purposes of meeting with the legislators of all the suburban transit communities to
provide an update on transit issues. Councilmember Wachter suggested that perhaps old rail tracks
could be utilized.
�..
Councilmember Wachter commented on:" % e to the property tax levy by the
Metropolitan Council. He suggested that a letter. written t9 the Governor objecting to this increase by a
XX
non-elected Governor appointed authority and.-Q% esting tt ., lanation and breakdown of the increase.
Councilmembers concurred and said tlta ;ire:#eter:So�tld; o be sent to the chair of the Metropolitan
Council and the legislative delegation.
Councilmember Wachter moved,Councilmember Blomquist seconded a motion to direct a letter
to the Governor and our legislation expressing concern about the Metropolitan Council 8% property tax
increase. Aye: 5 Nay: 0
Councilmember Awada men tioiefht the Country Home Heights issue will be before the City
Council at the next meeting and it will require: f ".s gate by the Council. She indicated she would be
voting against this item. Mayor Egan said h�, as aii iiidable,legal conflict of interest which results in
only four Council members who will be elio6le to vote..;,QtV attorney Sheldon explained the state law
would require a majority vote for approval.
Mayor Egan commented on t4grial light system in the City and stated that they appear to be
operating inefficiently. Councilmember Wachter inquired if any information has been received regarding
the use of low wattage red signal lights. City Administrator Hedges said he would check on the status of
the information.
Councilmember Blomquist said:tbafishe:tWpived.4i:letter from the MPCA and asked for
clarification as to why the NPDES perti tE�i.Wxhg:r*ps::::.'he also noted that she has been talking with
the Millers and they are still concerned about Richfield Blacktop's conditional use permit. She said she
feels this is an industrial use in a residential area-::9he add ;that she is meeting with the Millers and
City Administrator Hedges tomorrow to discussAwes per#a ing to the CUP.
Councilmember Wachter commented on a letter tli*:f was received from Leo Murphy. He added
that Building Official Doug Reid is proposing a meeting with Mr.Murphy and his sons.
IECK REGISTER
Councilmember Wachter moved,Mayor Egan secied a motion to approve the check register
dated December 31,1997 in the amount of$3,646,524.15. PiYe: 5 Nay: 0
: tr
The meeting adjourned at 9:20 p.m.to an Executivie§ession for the purpose of considering a
response to the collective bargaining proposal presented liy'f*e Public Works Maintenance group.
Present were Mayor Egan and Councilmembers Wachter,Awada,Masin and Blomquist,City
Administrator Tom Hedges and City Attorney Jim Sheldon.
EAGAN CITY COUNCIL MEETING MINUTES,JANUARY 6,1998
PAGE 12
MLK
Date City Clerk
If you need these minutes in an alternative form such as large print,Braille,audio tape,etc.,please contact the City of
Eagan,3830 Pilot Knob Road,Eagan,MN 55122,(612)681-4600,(TDD phone:(612)454-8535).
The City of Eagan is committed to the policy... access to its programs,services,activities,
i �:�t y•r'e ''' national origin,sex disability,,a e sexual facilities and employment without regard td-raze.;c g ;
orientation,marital status or status with regard to pulili ;4ssistance::
•• .r
I
MEMO
_._ city of eagar;
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JANUARY 16, 1998
SUBJECT: AGENDA INFORMATION FOR JANUARY 20, 1998 CITY COUNCIL
MEETING
::.:::::::::..:::. iA►}API}I INifi'I`
After approval is given to the January 20, 1998 City Council agenda and the minutes of the
January 6, 1998 regular City Council meeting, , the following items are in order for consideration.
i
Agenda Information Memo
January 20, 1998 Eagan City Council Meeting
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. Day Battalion Fire Chief
ACTION TO BE CONSIDERED:
To approve the reappointment of Dave Diloia as the Day Battalion Chief for the Volunteer Fire
Department.
Item 2. School Resource Officer
ACTION TO BE CONSIDERED:
To approve the appointment of Patrol Officer Roger New as a School Resource Officer.
Item 3. Resignation/Patrol Officer
ACTION TO BE CONSIDERED:
To accept the letter of resignation of Pao Lee from his position as Patrol Officer.
Item 4. Part-Time Seasonal Skate Guard
ACTION TO BE CONSIDERED:
To approve the hiring of Ben Crandall as a part-time seasonal skate guard for the Civic Arena.
Item 5. Part-Time Temporary Caretaker/Wescott Center
ACTION TO BE CONSIDERED:
To approve the hiring of Lori M. Dousette as a part-time temporary caretaker for the Wescott Center.
i
Agenda Information Memo
January 20, 1998 Eagan City Council Meeting
Item 6. Part-Time Seasonal Winter Warming House Staff
ACTION TO BE CONSIDERED:
To approve the hiring of the following individuals as part-time seasonal warming house attendants:
Charles Grill,Mary Gray,Wayne Gray,Martin Johnson and Emily Myer.
Item 7. Part-Time Seasonal Rink Rats Hockey Program Instructor
ACTION TO BE CONSIDERED:
To approve the hiring of John Nowariak as a part-time seasonal Rink Rats hockey program instructor.
0
3
Agenda Information Memo
January 20, 1998,Eagan City Council
B. FINAL SUBDIVISION(GVR ACRES)—GREG AND VALERIE
RATHMAN
ACTION TO BE CONSIDERED:
A. To approve a Final Subdivision, GVR Acres,to create ten lots on property at 3760
Blackhawk Road, located east of Blackhawk Road and north of Silver Bell Road in the SE 1/4
of Section 17.
FACTS:
> The preliminary approval required the applicant's to complete the following prior to final
subdivision approval: 1)remove the existing barn from the property, 2) submit a landscape
plan for the south side of the private drive, and 3) execute a conservation easement to be
recorded with the plat. These conditions have all been satisfied.
> All documents are signed and in order for execution at the regular City Council meeting on
January 20, 1998.
ATTACHMENTS:
i
Final Plat(GVR Acres),page,�
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Agenda Information Memo
January 20, 1998 Eagan City Council Meeting
C. CONFU MATION 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 Conditional Use
Permit requested by John Young located at 4870 Biscayne Avenue in the SE 1/4 of Section 36.
FACTS:
• At its regular meeting on January 6, 1998, the City Council denied John Young's request
for a Conditional Use Permit to allow a communication tower on Lot 3, Block 2, Halley's
Addition.
BACKGROUND/ATTACHMENTS: (1)
Findings of Fact, Conclusions&Resolution of Denial,pages through�.
6
BEFORE THE CITY COUNCIL
CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA
In Re: Application of John Young for a Conditional
Use Permit to allow a 150-foot tall communication
tower monopole and a request for a Variance FINDINGS OF FACT
from the 20-foot side-yard setback; a Variance CONCLUSIONS AND
from the 50-foot rear-yard setback; and a Variance RESOLUTION
to the one-half mile separation for preferred
co-location sites for communication towers,
all located on Lot 3, Block 2, Halley's Addition.
On November 25, 1997, following publication of notice to the public, the
lAdvisory Planning Commission of the City of Eagan conducted a Public Hearing to
consider the application of John Young for a Conditional Use Permit to allow a 150-foot
tall communication tower monopole; a Variance of 10 feet to the required 20-foot side-
yard setback; a Variance of 40 feet to the 50-foot rear-yard setback; and a Variance to the
one-half mile separation for preferred co-location sites for communication towers.
The applicant appeared at the November 25, 1997, Public Hearing and spoke in
favor of the request. The Advisory Planning Commission received and considered staff
input, planning reports and other background information. The Advisory Planning
Commission recommended denial of all of the applicant's requests.
The matter then came before the Eagan City Council at its January 6, 1998,
meeting. The Council received, considered and discussed the November 25, 1997
Advisory Planning Commission recommendation, input from staff and the planning
reports, together with all existing files, records, prior proceedings and the applicant's
input.
Based upon all the files, records, prior proceedings and input which was presented
at the meetings, the Council makes the following Findings of Fact, Conclusions and
Resolution.
FINDINGS OF FACT
1. This matter is properly brought before the Eagan City Council.
2. A monopole height is limited to 100 feet by City Code unless it will be a
co-location tower requiring greater height.
3. Pursuant to City Code, no communication tower is permitted within a one-
, half mile radius of an existing communication tower unless the City Council finds that
equipment planned for the proposed tower cannot be accommodated at any preferred co-
location site. A preferred co-location site is an existing tower within a one-half mile
radius of a proposed tower.
4. There is an existing tower within one-half mile of application's proposal,
i.e. existing tower north of VFW.
5. The applicant has no proposed user and has provided no information which
indicates that the existing tower preferred co-location site cannot accommodate
equipment planned for the proposed tower.
6. The applicant has not provided any data supporting his request for a 150-
foot tower.
The applicant has indicated that the existing lot size is not big enough to
7. Th g g gh
accommodate setbacks for the proposed tower.
8. No information was presented which would indicate that the provisions of
the City Code regarding tower height, preferred co-location sites, or setbacks are
inappropriate.
CONCLUSIONS
1. This matter is properly brought before the Eagan City Council.
I
2. The proposed height of the tower exceeds the City's Code requirements.
3. The proposed setbacks are not in conformance with the City Code.
4. No hardship or justification for use was provided for the variances to the
City's setback requirements.
5. No information was provided which would indicate that the existing
preferred co-location site is not capable of accommodating additional equipment.
6. Without users or engineering support for the size of the pole and intrusion
into the restricted co-location site, applicant's request is premature and speculative.
7. By the greater weight of the record and information presented, it is hereby
determined by the City Council of the City of Eagan that approval of the Conditional Use
Permit and the Variances, is not warranted.
RESOLUTION
The City Council of the City of Eagan does hereby resolve that the applicant's
request for a Conditional Use Permit to allow a 150-foot tall communication monopole
and a Variance from the 20-foot side-yard setback and the 50-foot rear-yard setback and
the one-half mile separation requirement from an existing preferred co-location site are
hereby denied.
Dated at Eagan, Minnesota this 20th day of January, 1998.
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
By: E.J. VanOverbeke
Its: City Clerk
/v
i
Agenda Information Memo
January 20, 1998 Eagan City Council Meeting
'p. MODIFICATION OF WETLAND REPLACEMENT PLAN—
EAGANDALE CORPORATE CENTER NO. 2 LOT 1 BLOCK 1
(SKYLINE DISPLAYS)
ACTION TO BE CONSIDERED: To approve or deny modification of a portion of the
wetlands replacement plan for Eagandale Corporate Center affecting ECC No. 2 Lot 1
Block 1—Skyline Displays. Approval would allow the developer to count up to .45 acres
of stormwater ponds as public value credit for wetland replacement.
FACTS:
• The wetland replacement plan for the Eagandale Corporate Center site was originally
approved by the City in May, 1995.
( • Approximately .9 acres of replacement wetland were to be constructed within the
Eagandale Corporate Center No. 2 Lot 1 Block 1 parcel developed by Skyline
Displays. The impervious coverage and development intensity under the
development plan proposed by Skyline Displays is significantly less than that allowed
by the zoning designation and will provide a greater degree of protection to natural
resources on and adjacent to the site.
• The site plan proposed by Skyline Displays required a modification to the wetland
mitigation features on the site. The modifications are reflected in the revised grading
plan dated November 7, 1997.
• As provided for under the Wetland Conservation Act, all of the area of Pond DP-
11.2 (.45 acres) at normal water level (NWL) would be counted as wetland
replacement, and 75% of the area of Pond DP-11.3 (13 acres) at NWL as well as
50% of the area of Pond DP-10.1 (.32 acres) should be counted as public value
credit toward fulfilling the mitigation requirement. With these revisions, the wetland
replacement plan for Eagandale Corporate Center will meet current mitigation
standards outlined in the Wetland Conservation Act.
• All other requirements of the approved wetland replacement plan, including
requirements for seeding and placement of hydric soil in wetland creation areas,
remain in effect.
Agenda Information Memo
January 20, 1998 Eagan City Council Meeting
. MODIFICATION OF WETLAND REPLACEMENT PLAN—
EAGAN PROMENADE
ACTION TO BE CONSIDERED: To approve or deny modification of the wetland
replacement plan for Eagan Promenade. Approval would allow a reduction in the area of
wetland mitigation area 1 from .8 acres to .22 acres and credit for up to 2 acres of
stormwater ponding to count toward satisfaction of wetland mitigation requirements,
subject to conditions specified below.
FACTS:
• The wetland replacement plan for Eagan Promenade was originally approved by the
City on December 19, 1995. The approval authorized filling of up to .47 acres of
jurisdictional wetland and identified a replacement requirement of 1.05 acres to meet
state Wetland Conservation Act(WCA) regulations.
• OPUS Corporation has requested that the City of Eagan consider modifying the
wetland replacement requirements for Eagan Promenade in two ways. First, they
requested that the replacement requirement reflect the amount of wetland actually
filled by the project(.36 acres) instead of the amount of wetland that was anticipated
o be filled(.47 acres). Second,they requested that the replacement plan be amended
to allow the use of on-site detention basins to partially meet wetland replacement
requirements, as provided for in the 1996 amendments to the WCA.
• Staff met with both the Technical Evaluation Panel set up under the WCA and thew
Natural Resources Subcoihmittee of the Advisory Parks Commission to evaluate this
request.
• Based on the findings of these advisory bodies, the Advisory Parks Commission
voted unanimously to recommend to the City Council approval of a reducation in the
amount of impacted wetland associated with this project from .47 acres to .36 acres of
actual impact. Further, they recommended that the plan be adjusted to allow credit
for detention basins on the site as per the provisions of the 1996 amendments to the
WCA. Credit for up to 2 acres of stormwater ponding is recommended by staff.
' • To meet the intent of the wetland replacement plan, OPUS will complete work in
both mitigation areas 1 and 2 during the spring of 1998 as outlined in George
Spevacek's memo dated October 27, 1997. In addition,the Advisory Parks
Commission also recommended that the created wetland areas be monitored for at
least two years and that the un-used portion of wetland mitigation area 1 be
maintained as open space.
ATTACHMENTS:
• Memo from George Spevacek dated October 27, 1997
• December 8, 1997 memo to Advisory Parks Commission
I
i
i
13
Opus Northwest,LL.C.
J. 700 Opus Center Mailing Address
/1 OP U
9900 Bren Road East P.O.Box 59110
Minnetonka, Minnesota 55343.9600 Minneapolis,Minnesota 55459.0110
October 27, 1997 612.936-4600 Fax 612-936-4529
Mr. Rich Brasch
Water Resources Coordinator
City of Eagan
3501 Coachman Point
Eagan, MN 55112
RE: Wetlands Mitigation
Eagan Promenade Project
Dear Rich:
This summer, after several inspections, it has been determined that the Wetland
Mitigation Areas 1 and 2, as identified on the enclosed attachments, are not functioning at
their full potential.
We have also discovered that the actual Wetlands filled area is less than that shown in
our original application.
Our original Wetlands Mitigation plan was approved under the 1993 Wetlands
Conservation Act guidelines. On June 10, 1996, the Wetlands Conservation Act
Amendments were adopted. Provisions in these amendments provided for the Public
Value Credit for storm water ponding and upland buffers around mitigation wetlands to
offset wetlands mitigation area required. The Wetlands work on the Eagan Promenade
Project was performed in July of 1996 after the Wetlands Conservation Act Amendments
were adopted.
We therefore request approval from the city of Eagan to amend our Wetland Mitigation
Plan as follows:
1. Evaluate the Wetlands Mitigation Plan under the June 10, 1996 Wetlands
Conservation Act Amendment Requirements. These amendments would allow 2.42
acres of Public Value Credit, created by the Storm Water Ponding created on site and
.19 acres of Public Value Credit for the upland buffer around Mitigation Area 2.
2. Recognize the Wetland areas that were actually filled is .358 acres in lieu of the
originally stated .473 acres.
Recognizing the 2.61 acres of Public Value Credit created by the storm water ponds
and upland buffers on site, would require our project to provide .358 acres of new
wetlands credit.
The existing Wetland Mitigation Area 2 is .25 acres. To provide the remaining
amount of wetland credit would require that the area of Mitigation Area 1 be .11
acres in lieu of the .8 acres shown on our present plan.
3. Reduce the area of Wetland Mitigation required in Mitigation Area 1 from .8 acres to
.22 acres.
The existing Wetlands Mitigation Area 2 is .25 acres. By taking into account items 1 and
2 the Wetlands Mitigation Area required by Wetland Mitigation Area 1 would be .11
N
Opus Northwest,L.L.C.is an affiliate of the Opus group of companies—Architects,Contractors,Developers
Atlanta,Chicago,Columbus,Dallas,Denver,Ft.Lauderdale,Milwaukee,Minneapolis,Orlando,Pensacola,Phoenix,Sacramento,San Francisco,Seattle,Tampa,Washington D.C.
October 27, 1997
OPUS®
1 Mr.Rich Brasch
Water Resources Coordinator
City of Eagan
Page 2
acres. In a good faith effort to get approval of our revised plan we would double this
requirement to .22 acres.
In order to promote wetlands growth in Mitigation Areas 1 and 2 and in an effort to
shorten the 5 years monitoring requirement we would propose to do the following:
Wetland Mitigation Area 1:
1 . Remove 2 feet of existing material in the .22 acre area.
2. Place 1 foot of silty loam topsoil in the .22 acre area.
3. Plant the .22 acre area with 300 Wetland plantings, 75 River Bulrushes, 75,
Broad-leaved Arrowheads, 75 Giant Bar-reeds, and 75 Sofstem Bulrushes.
Wetland Mitigation Area 2:
1 . Plant area with 160 wetland plantings, 40 River Bulrushes, 40 Broad-leaved
Arrowheads, 40 Giant Bar-reeds, and 40 Sofstem Bulrushes.
i
The work described in this letter would be done in the spring of next year.
After your review of this letter please contact me to discuss the best way to proceed on
the issues discussed in this letter.
Sincerely,
OPUS NORTHWEST L.L.C.
U
George Spevacek
Senior Project Manager
I
cc: Michele Foster
Dan Boie
Jeff Mertens
Mike Graham - Peterson Environmental
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i
TO: ADVISORY PARKS COMMISSION
FROM: RICH BRASCH, WATER RESOURCES COORDINATOR
DEPARTMENT OF PARKS AND RECREATION
RE: MODIFICATION OF WETLAND REPLACEMENT PLAN-EAGAN
PROMENADE
DATE: DECEMBER 8, 1997
Introduction
On December 19, 1995,the City of Eagan approved the wetland replacement plan for the Eagan
Promenade development. The approval authorized filling of up to .47 acres of jurisdictional
wetland(compared to a total of 5.65 acres identified on the site) and identified replacement
requirement of 1.05 acres to meet state Wetland Conservation Act(WCA)regulations. The
WCA specifies that a minimum of 2 acres of wetland credit be generated for every 1 acre
impacted. The WCA regulations in effect at the time of plan approval required that the wetland
replacement be made up completely of created/restored wetland area. In June, 1996,
amendments to the Wetland Conservation Act were passed by the Legislature. One of the
changes made to the WCA with these amendments allowed the second half of the 2:1 mitigation
requirement to be met with storm water detention basins and/or upland buffers. These
amendments reflected a change in state policy that detention basins and upland buffers provide
important functions and values in their own right that were complementary to those provided by
the natural wetlands themselves.
i Issue
f
OPUS Corporation has requested that the City of Eagan consider modifying the wetland
replacement requirements for the Eagan Promenade development in two ways. First, they
requested that the replacement requirement reflect the amount of wetland actually filled by the
project (.36 acres)instead of the amount of wetland that was anticipated to be filled(.47 acres).
Second, they requested that the replacement plan be amended to allow the use of on-site
detention basins to partially meet wetland replacement requirements, as provided for in the 1996
amendments to the WCA.
Staff met with both the Technical Evaluation Panel set up under the WCA and the Natural
Resources Subcommittee of the APC to evaluate this request. Summaries of both meetings are
attached for reference.
Findings
A technical evaluation panel (TEP) composed of wetlands experts from the MN Board of Water
and Soil Resources and the Dakota County Soil and Water Conservation District as well as
myself met on November 5, 1997 to review this proposal. The TEP felt there was sufficient
latitude in the revised WCA rules to allow the local government unit to approve of the proposal
by OPUS. Both the representatives from the MN Board of Soil and Water Resources and the
Dakota County Soil and Water Conservation District stated that they felt the proposal put forth
by OPUS meets the intent of current state policy on wetland protection and mitigation and that
the developer is making a good faith effort to resolve WCA compliance issues.
The Natural Resources Subcommittee of the Advisory Parks Commission also reviewed the
proposal at a meeting on December 4, 1997. The subcommittee supported application of the
1996 WCA amendments to the Eagan Promenade wetland replacement plan,both because of the
fore-mentioned reasons and because the City has considered and approved similar modifications
for two other projects. The subcommittee also recommended that staff work with the developer
to preserve as open space the un-used portion of the mitigation area north of Northwoods Drive
and that the City require a minimum of two years monitoring to assure the viability of the
replacement wetlands, retaining the option to extend the monitoring period for up to five years
after completion of the project.
Commission Action Requested
Staff request that the Commission recommend to the City Council approval of a reduction in the
amount of impacted wetland associated with this project from the .47 acres projected to .36 acres
of actual impact and to further recommend that the replacement mitigation requirements for
Eagan Promenade be adjusted to allow credit for detention basins on the site as per the provisions
of th'e'1996 amendments to the Wetland Conservation Act.
l
Rich Brasch
Water Resources Coordinator
CC. George Spevacek, OPUS Corporation
Agenda Information Memo
January 20, 1998 Eagan City Council Meeting
F. CONFHUUATION OF FINDINGS OF FACT& RESOLUTION,
WAIVER OF AIRCRAFT NOISE ATTENUATION REOUIREMENTS
FOR HISTORIC HOME RELOCATION,JIM SIMONET
(aD,3432 HIGHWAY 55
ACTION TO BE CONSIDERED:
To approve the Findings of Fact and Resolution providing for a waiver of the aircraft noise attenuation
requirements for the historic home being relocated at 3432 Highway 55 by Jim Simonet.
FACTS:
♦ At its meeting of January 6, the City Council acted to permit the relocation of a brick farm home
from the West Publishing property to a site at 3432 Highway 55. This decision was made on the
basis of the home's historic architectural value and the unique circumstances of its relocation within
one of the regional noise policy contours.
♦ Since other development activity is likely to occur within the noise zones which would also be
subject to the aircraft noise attenuation requirements, it is important to differentiate this situation
from others which may arise to preserve the City's authority to enforce these standards in the
public interest.
ATTACHMENTS:
♦ Resolution on pages X through.
J
CITY OF EAGAN
RESOLUTION
FINDINGS OF FACT
WAIVER OF AIRCRAFT NOISE ATTENUATION REQUIREMENTS
HISTORIC HOME RELOCATION
JIM SIMONET AT 3432 HIGHWAY 55
WHEREAS, the City of Eagan desires to see the integrity of its historic buildings
retained to the greatest degree possible, and
WHEREAS, West Group has arranged for the removal of a historic home built in
1904 from its property at 3555 Highway 149, and
WHEREAS, Jim Simonet desires to preserve and relocate this structure in a rural
residential area at 3432 Highway 55, and
WHEREAS, the two story brick home is among the few remaining examples of
this type of farm home architecture left in the City, and
WHEREAS, both the current location of the house and the proposed one are
within Metropolitan Council Noise Policy Contour IV which calls for new
development and major redevelopment to meet certain noise attenuation
standards, and
WHEREAS, it is the finding of the City Council that requiring compliance with the
noise attenuation standards in this case would diminish the historic integrity and
appearance of the home, and
WHEREAS, the combination of circumstances surrounding this proposal is
unique for the reasons outlined above,
NOW, THEREFORE, BE IT RESOLVED that the City of Eagan waives the noise
attenuation requirement for the historic home to be relocated by Jim Simonet to
3432 Highway 55.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota do
hereby certify that the foregoing resolution was duly passed and adopted by the
City Council of the City of Eagan, Dakota County, Minnesota in a regular meeting
thereof assembled this 20th day of January, 1998.
I
E.J. VanOverbeke, City Clerk
Agenda Information Memo
January 20, 1998 Eagan City Council Meeting
Consent Agenda
G. AWARD CONTRACT FOR STEEL AND PRE-CAST, SECOND SHEET OF ICE
ACTION TO BE CONSIDERED:
To approve bid packages #1 and#2 for the Civic Arena expansion and award contracts
for pre-cast concrete panels to Fabcon, Inc for$307,567 and to Bergh's Fabricating, Inc
for steel in the amount of$143,150.
FACTS:
• Bids were opened on December 18,1997 for the two bid packages mentioned.
Attached is a bid summary from the bid opening.
• Bids represent a combined cost saving in excess of$35,000 from initial estimates.
• A review of the bids has been performed and it is the recommendation of the
Construction Manager to award the contracts.
• The remaining bid packages are to be opened February 10 and scheduled for Council
approval on February 17, 1998.
ATTACHMENTS:
• Bid Summary °?3
a�
12-19-1997 9:09AM FROM GREYSTONE CONSTRUCT 612 445 4191 P. 2
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Agenda Information Memo
January 20, 1998
H PROJECT 729,WILDERNESS RUN 4TH,5TH, 6TH STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: To receive the feasibility report for Project 729 (Wilderness
Run 4th, 5th, 6th Additions - Street Overlay) and order a public hearing to be held on February 17
1998.
FACTS:
• The 1998 — 2002 5—Year CIP identifies streets within the Wilderness Run 4t11, 5th, 6th
Additions for consideration of a structural street overlay to be performed in 1998.
• On December 31 1997 the City Council authorized the preparation of a feasibility report to
identify the scope of the improvements required, estimated costs, method of financing and
pending special assessment roll.
• This feasibility report 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.
• An informational neighborhood meeting will be scheduled to present the proposed public
improvement to the affected property owners. A summary of that meeting will be forwarded
to the City Council with the public hearing agenda packet.
ATTACHMENTS:
• Draft Feasibility Report, enclosed without page numbers.
C �
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Agenda Information Memo
January 20, 1998
B. PROJECT 717E, COUNTRY HOME HEIGHTS
ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 717R
(Country Home Heights — Street Improvements) and, if approved, authorize the preparation of
detailed plans and specifications.
FACTS
• Country Home Heights Addition was platted in 1949 and includes 59 single-family
residential homes that have direct access onto unimproved streets. Sanitary sewer and water
main were constructed in the subdivision in 1970. Storm sewer and street improvements
were not constructed at that time,but 4"of gravel was added to the street section.
• The Public Works Department grades the streets and adds supplemental gravel as required.
A chloride treatment is added on an annual basis to minimize the dust and erosion of the
gravel. This is the last subdivision in the city with gravel surfaced streets.
• The City Council has previously denied two public improvement proposals to upgrade streets
within the Country Home Heights Addition. Both projects were denied by the Council based
on large project costs versus the potential benefit to assessable properties.
• On August 5, 1997, a Special Council Workshop was held to discuss options for the
improvement of the streets in Country Home Heights. The City Council directed staff to
prepare a feasibility report considering two options of street surfacing.
• On September 2, the feasibility report for Project 717R was presented to the City Council and
an informational meeting was scheduled to discuss the report with the neighborhood.
• The informational meeting was held on September 25 at 6:30 p.m. Of the parcels proposed
to be assessed, 38 owners representing an estimated 25 properties attended the informational
meeting. A public information meeting with the City Council was held on October 7, 1997.
• At the conclusion of the public discussion at the October 7 council meeting, the City Council
ordered formal appraisals of the properties within Country Home Heights to determine the
benefit of the proposed improvements. The council directed staff to schedule a public
hearing upon receiving the results of the formal appraisals.
• The public hearing for Project 717R has been scheduled for January 20, 1998. All notices
have been published in the legal newspaper and sent to all affected property owners
informing them of this public hearing.
ISSUES:
• Notice for the public hearing was mailed to four Country Home Heights property owners that
had not received information regarding the previous meetings. The properties have access to
an existing improved street, but either have a second driveway access or are adjacent to one
of the streets being considered for improvements. This improvement may benefit these
properties to some degree. The assessment equivalents have been estimated at 1/4 to 1/2.
ATTACHMENTS: c�-
• Updated Project Information,page .
• Comments from Property Owners,pages -Hraagh----
• Minutes of Oct. 7 Council ,pages Meetin g through
h
• Revised Feasibility Report,
� y
i
PROJECT 717R
COUNTRY HOME HEIGHTS
STREET IMPROVEMENTS
Preliminary Proiect Schedule
• August 5, `97 City Council Authorizes Feasibility Report
• September 2, `97 Present Feasibility Report to City Council
• October 7, '97 Informational Meeting at City Council Meeting/Order Appraisals
• December 16, '97 Order Public Hearing
• January 20, `98 Public Hearing—Approve/Deny Project
• April, '98 Approve Plans& Specifications
• June, `98 Award Contract
• June 15, `98 Construction Begins
• September, '98 Construction Completed
• November, '98 Final Assessment Public Hearing
• May 15, 1999 1'`Installment Payment Due With Real Estate Property Taxes
Preliminary Costs—Final Appraisals & Feasibility Report
• $734,000 ($12,390/lot) Option One—Full City Standard Street
• $165,000 ($2,785/lot) Option Two—2" Bituminous Overlay
• $ 4,000 Option One—Appraised Benefit Amount
• $ 2,500 Option Two—Appraised Benefit Amount
• $237,000 (32%) Option One -Proposed Assessed to Property Owners
• $497,000 (68%) Option One-Proposed Financed by the City of Eagan
• $148,125 (90%) Option Two -Proposed Assessed to Property Owners
• $ 16,875 (10%) Option Two - Proposed Financed by the City of Eagan
Proposed Special Assessments
• Proposed Assessment: $4,000 per lot
• Prepayment option with no interest available for 30 days after Assessment Hearing
• Any unpaid balance is certified to county to be collected with property taxes over 15 years
• Interest rate is calculated on any remaining unpaid balance at the end of each year
• Assuming no prepayment, annual cost: (Assumed 8% Interest)
• $51.11 per month 1'`year
• $24.00 per month 15th year
01/15/98 3
PROJECT 717R
COUNTRY HOME HEIGHTS
STREET IMPROVEMENTS
Citizen Comments
• Frank&Bonnie Burns, 2969 Burnside Avenue
Supports Option One—Full Street Construction
• C. Robert Ginsburg, Jr., 2816 Beam Lane
Supports Option Three—Do Nothing
Will Support Majority of Neighborhood's Choice
CITY PROJECT NO 717R
COUNTRY HOME HEIGHTS STREET IMPROVEMENTS
INFORMATIONAL NEIGHBORHOOD MEETING
THURSDAY, SEPTEMBER 25, 1997
6:30 P.M. COMMUNITY ROOM
MINUTES
Attendance: Russ Matthys, Tom Colbert, Arnie Erhart, John Gorder, City of Eagan;
approximately 38 people (see attached sign-in sheet)
A. Welcome and Introduction
• City Engineer Matthys welcomed the residents and introduced staff personnel.
B. Street Improvement Options
• City Engineer Matthys reviewed the executive summary provided to those in
attendance.
- Two options for street improvements presented to the City Council at their
direction: 1) full City standard streets and, 2) 2"bituminous overlay.
- Advantages of each option
- Disadvantages of 2"bituminous overlay
- Project costs—both options
- Proposed assessments—both options
- Balance between project costs and proposed assessments
- Potential assessment payment schedules—both options
- Advantages of each option
• Summary by City Engineer Matthys. City staff is here to get feedback to the City
Council.
C. Questions/Comments
1. Who pays for the cost shortfall between assessments and project costs: The
shortfall will be the responsibility of the City's Street and Storm Sewer Funds, if
the project is ordered.
2. Do the streets have to be 32 feet in width with the full City standard street option?
The 32 foot width is the current City standard given the amount of traffic.
3. Who pays for trees which may need removal as part of the project? Trees that
would need to be removed as part of the project would be a project cost and not
assessed directly to homeowners.
4. What will happen to the existing storm sewer in front yards along Egan Avenue. It
will likely remain in place with additional storm sewer within Egan Avenue
handling street drainage.
5. A resident questioned the service life anticipated with the 2" bituminous overlay.
Are there any others to compare to? A 2" overlay can be expected to function
adequately for approximately 10-15 years given the good subgrade soils in the
area. Dodd Rd. south of Cliff Rd. had an overlay installed in 1989 over lower
grade subsoils.
Pagel of 3
'312
6. Are the roads in Country Home Heights the last gravel roads in the City? It is the
last subdivision but there are other individual gravel roads throughout the City,
such as Blue Gentian Road, Gun Club Road, Lawrence Ave. and Linde Lane.
7. What is the current maintenance schedule/policy for Country Home Heights?
Regular maintenance includes periodic grading, ditch cleaning, gravel
supplements and calcium chloride treatments as well as grading and clean up after
major storm events. About $7,500 1year is spent on each dust control application
of the streets in Country Home Heights. Other maintenance costs average about
$5-$7,000/mile.
8. What is the project schedule? Public hearing October 7, 1997, bid in winter,
1998, construction in 1998 construction season, if approved by City Council.
9. Will there be access to homes during construction? Yes. Although is may be
restricted for short periods of time during the day (i.e., utility repairs, driveway
aprons, etc).
10. When is design work accomplished? Final design is completed after Council
approval of the project, if they approve the project at the public hearing.
11. What happens to the existing hydrants if they conflict with the new streets? They
will be relocated to 4 feet from the road or curb edge, if necessary.
12. One resident brought up the assessment dispute on the Rahn Road project in 1990.
The dispute was due to the assessment method on a front foot basis of a community
collector State Aid street. This local street project is proposed to be assessed on a
per lot basis.
13. How does the appraisal system work? The City solicited preliminary pre project
appraisals to determine maximum value benefit anticipated with each street
improvement which caps the proposed assessments calculated according to the
City's Assessment Policy. More detailed appraisals would be performed 10% (6)
of the properties within Country Home Heights to more specifically determine the
benefits of the street improvements if the project is approved.
14. How does this affect home valuation appraisals by the County for tax purposes?
Dakota County's valuations usually assume standard City streets regardless of the
condition of the street in front of someone's home, so it should not affect it.
15. Two residents mentioned that they like the gravel streets and it provides aesthetic
and historic benefits to the City and the neighborhood.
16. One resident mentioned that they would like to see the current gravel streets
maintained better, especially in the driveway approaches.
17. Does the current property owner have to pay the assessment if they sell their
house? The seller usually pays all pending and levied assessments at time of sale
unless a private agreement is reached between buyer and seller.
18. Who pays to connect driveways to the new streets — driveway aprons? Driveway
restoration will be completed with like materials as the existing driveways and will
be a project cost.
19. Would the City be willing to pick up one-half of the project costs of the full City
standard streets? The other one-half would need to come through assessments of
about $6,100. Property owners would have to sign waivers of appeal for
assessments that exceed the appraised benefit (currently estimated at about
$3,000).
Page 2 of 3
20. One resident mentioned that it is the job of the residents who are in favor of the
street improvements to convince the Council to build full City standard streets with
a$3,000 assessment with the City picking up the remaining balance.
21. One resident mentioned that Egan Avenue will become a "freeway" for through
traffic if it is paved. Traffic "calming" options were mentioned. One option is to
reduce the width of the streets to 28 feet wide. Parking problems may arise with a
reduced width.
22. One resident mentioned that if the project is to be done, it should be done right
with the full City standard street.
23. Have taxes been used to fund other street projects within the City? The City has
subsidized portions of other reconstruction projects in accordance with the
adopted assessment policy, but not new construction to the extent identified with
the full City street option. Examples of past projects include street reconstruction
projects in the Cedar Grove, Wilderness Run and Timberline neighborhoods.
24. One resident stated that two petitions will be available for signatures. One is in
favor of Option 1 — full City standard streets, and the other is in favor of Option 2
— 2" bituminous overlay. These petitions will be presented to the City for their
consideration.
25. What is the maintenance schedule after the streets are constructed? The City's
Pavement Maintenance Program was explained.
26. One resident mentioned that traffic counts should be taken before and after the
project. Staff will conduct the counts.
27. Does the City post streets for load restrictions in the spring? No. It would be very
difficult to enforce. Most City streets and subdivisions connect with County roads
that are posted with load restrictions. Option I would provide a 7-ton per axle
load capacity and Option 2 would provide a 4-5 ton per axle load capacity.
28. Are streetlights proposed with this project? No. If a petition with the required
number of signatures in favor of streetlights were received, they could be added as
a separate project.
29. One resident mentioned that three options should be presented to the Council:
1) Full City standard streets
2) 2"bituminous overlay
3) Do nothing
The meeting adjourned at 8:15 p.m.
JG/j j
Attachments: . Sign-in Sheet
Location Map of Attendees
G:1J/1G/MISGProj.7I7R•Minutes
Page 3 of 3
3?
INFORMATIONAL MEETING
PROJECT 717R
COUNTRY HOME HEIGHTS
THURSDAY, SEPTEMBER 25, 1997, 6:30 P.M.
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COUNTRY HOMES HEIGHTS Fr9; 2
STREET IMPROVEMENTS
CITY OF EAGAN
Agenda Information Item
January 20, 1997 Eagan City Council Meeting
PUBLIC HEARINGS
A. VARIANCE-JOEL BUTTENHOFF-LOTS 19 & 20,BLOCK 2,EAGANDALE
CENTER INDUSTRIAL PARK NO.4
ACTION TO BE CONSIDERED:
• To approve or deny a 5'Variance the required 5'parking setback for lots 19&20,
Block 2,Eagandale Center Industrial Park No. 4, located north of Yankee Doodle Road
east of Mike Collins Drive in the SE 1/4 of Section 11.
FACTS:
• The ingress/egress for this site is shared with the Stonite building located immediately
north of this property. The access for these lots straddles the shared property line.
• There is no 5'parking setback on the Stonite southern property line.
BACKGROUND:
Planning report-pages - .
as_
I
I
I
I
PLANNNING REPORT
CITY OF EAGAN
REPORT DATE: January 14, 1998 CASE: 11-V-19-12-97
APPLICANT: Joel Buttenhoff HEARING DATE: January 27, 1998
PROPERTY OWNER: Joel Buttenhoff PREPARED BY: Shannon Tyree
REQUEST: Variance to 5' sideyard parking setback
LOCATION: Lots 19 &20,Block 2, Eagandale Center Industrial Park#4
COMPREHENSIVE PLAN: IND-Industrial
ZONING: I-1,Limited Industrial
SUMMARY OF REQUEST
Mr. Joel Buttenhoff is requesting a Variance to the required 5' minimum parking setback located
on Lot 19, Block 2, Eagandale Center#4, east of Mike Collins Drive and north of Yankee Doodle
Road in the SE 1/4 of Section 11.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subd. 3, B states: "In considering all requests for a variance,
or any subsequent appeal, the City staff, the Advisory Planning Commission and the Council shall
make a finding of fact that the proposed action will not:"
A. Impair an adequate supply of light and air to adjacent property.
B. Unreasonably increase the congestion in the public street.
C. Increase the danger of fire or endanger the public safety.
D. Unreasonably diminish or impact established property value within the neighborhood.
E. Disrupt the traditional practices or social cohesiveness of the community.
F. Or in any other way be contrary to the intent of this Chapter or other applicable City Code
provisions.
I
a �
Planning Report- Buttenhoff Variance
January 20, 1998
Page 2
BACKGROUND/HISTORY
Twenty years ago the Eagandale Center Industrial Park Additions were subdivided into relatively
small and narrow industrial size lots (100'wide x 300' deep). This was done in order to allow
flexibility in order that lots could be combined to fit the size needs of the potential land buyer.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North-Stonite Co.,zoned I-1; guided IND.
South-Professional Plastics Inc.; zoned I-1; guided IND.
East- City of Eagan; zoned PD; guided IND.
West-Unitog; zoned 1-1; guided IND.
EXISTING CONDITIONS
The site is vacant and is generally 3'to 7 'higher in elevation than Mike Collins Drive.
The applicant also owns the property immediately north(Stonite)of this site that is paved(without
curb or gutter) and graded in a way that causes the drainage to flow toward the shared property line
between the two developments without the use of a catch basin or stormwater pipes. Presently,the
Stonite site does not have a 5'minimum parking setback along its southern property line.
EVALUATION OF REQUEST
The owner is proposing to combine Lots 19 &20 and construct a 12,000 s.f.building. The
proposed building and parking area will front on Mike Collins Drive. The rear of the building (east
side)will be used for truck staging and for proof of parking.
Compliance with Standards -The proposed building meets all setbacks. Parking setbacks have
been met with the exception of the 5'parking setback along the north boundary line of Lot 19. This
is the area
Hardship-The reason for the variance, according to the applicant,is due to several physical
features of the site. First,the site is relatively narrow,200'wide. Properties on either side have
been developed offering no chance of additional land to adjoin to the site. Secondly,there is an
existing access for the Stonite building that straddles the shared property line. The applicant
believes that considering the narrow lots(100') and the amount of traffic on Mike Collins Drive
shared access points have merit by reducing the number of access points and turning movements
that additional access areas would generate. Finally,the proposed project is affected by
topography. The lots generally form a level plateau that is between 3' - T higher than Mike Collins
Drive. Constructing an access to the site from a combined or southern location creates a steep
grade from the normal site elevation to the access.
Planning Report - Buttenhoff Variance
January 20, 1998
Page 3
SUMMARY/CONCLUSION
The applicant has submitted the following reasons to support the variance request:
1. The applicant will transfer the open space lots on the north side to the south side of the property
for an overall increased in the amount of buffering between two different land use areas.
2. The variance request does not introduce a net degradation of open space intent and
acknowledges the continued usage of paved access currently used buy the Stonite facility.
3. The request eliminates excessive additions or alterations to the existing grade and topography of
the site.
4. The request creates no new approaches on to Mike Collins Drive causing no new turning
movements along this busy road.
5. The improvements already in place on the abutting Stonite site favor a common access and
shared paving along the north property line of the proposed development.
The applicant has been able to meet all other setbacks required for development of the site. The
scale of the Stonite building and the proposed buildings are relatively small, and it appears that the
impact of not having a 5'parking setback is minimal. Especially considering that the Stonite site
does not have a 5'parking setback on the shared property line. The site will function as a wide
drive aisle.
The landscape plan and site plans shall be reviewed with the building permit application.
ACTION TO BE CONSIDERED
To approve or deny a 5'Variance to the required 5'parking setback from the north property line on
Lot 19,Block 2, Eagandale Center Industrial Park No. 4 subject to the following conditions:
1. The owner shall record a lot combination agreement prior to the issuance of a building
permit.
2. The applicant shall provide cross access and ingress/egress easements for Lots 17, 18, 19
and 20,Block 2,Eagandale Center Industrial Park No.4 prior to the issuance of a building
permit.
3. All applicable City Code requirements.
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Agenda Information Memo
January 20, 1998, City Council Meeting
1998 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS
Each calendar year, Organizational Business is considered at the second regular City Council meeting
in January. The items that require action of the City Council include:
A) Advisory Commission Appointments
B) Acting Mayor
C) Official Legal Newspaper
D) City Council Meeting Dates
E) Council Meeting Procedures
F) Council Standing Committee/Representative Appointments
G) Other Appointments
A. ADVISORY COMMISSION APPOINTMENTS: The following are the advisory commissions
that make recommendations to the City Council:
Economic Development Commission
Advisory Planning Commission
Solid Waste Abatement Commission
Burnsville/Eagan Telecommunications Commission
Airport Relations Commission
Advisory Parks Commission
Advertisements were placed in the City newsletter, the local newspapers and the Chamber newsletter
in December indicating that vacancies existed on advisory commissions. Applications were received
from 26 individuals seeking either reappointment or appointment to an advisory commission. All
individuals, including those currently serving on a commission, were invited to an interview with the
City Council on January 13, 1998. The Council interviewed 22 individuals.
Ballots will be distributed by the City Administrator for each commission. The number of vacancies is
listed on each ballot. It is required by law that each City Councilmember initial each ballot and the
City Administrator will be the custodian of ballots, announcing the votes for each commission
appointment. A commission appointment requires a majority vote by the City Council. At the
recommendation of the City Council, 3-year terms for all commission vacancies will be decided
followed by appointments for all the alternate positions.
Agenda Information Memo
January 20, 1998, City Council Meeting
1. Economic Development Commission--This commission promotes the City's commercial-
industrial climate, recommends general policy direction, and advises the City Council on matters
pertaining to industry and commerce. It exists at the discretion of the City Council without formal
authorization in the City Code, and terms are on a staggered, three-year basis. As a reminder, Bruce
Goff and Ron Voracek are not seeking re-appointment due to their busy schedules. Those applying for
a position on the commission are as follows:
Present Members: Meetings Missed:
Calvin Clark 3
New Applicants:
Lee Ashfeld(EDC)
Jason Dudish-Poulsen(APC,EDC)
James Gallagher(EDC, TC,ARC)
Gary Huusko (APC,EDC)
Karen Marty(APC,EDC)
Douglas Pewowaruk(APrC,EDC)
Margaret Tilley(EDC,APC,APrC, SWAC)
Nadim Zoberi (EDC,APC,ARC) j
i
REQUESTED ACTION: Appoint three members for 3-year terms.
2. Advisory Planning Commission--This commission reviews development plans and makes
recommendations to the City Council. Mark Miller completed nine (9) consecutive years on the
commission and is not eligible for re-appointment. Those applying for a position on the commission
are as follows:
Present Members Meetings Missed:
Steven Burdorf 2
Jerry Segal 5
Charles Thorkildson 1
New Applicants
Jason Dudish-Poulsen(APC,EDC)
Nelson Mark Filipi(APrC,APC,ARC)
Gary Huusko(APC,EDC)
Bonnie Karson(APrC,APC)
Karen Marty(APC,EDC)
Daryle Petersen(APrC,APC)
Greg Steininger(APC)
Margaret Tilley(EDC,APC,APrC, SWAC)
Nadim Zoberi (EDC,APC,ARC)
REQUESTED ACTION: Appoint three members for 3-year terms and one alternate for a 1-year
term.
Agenda Information Memo
January 20, 1998,City Council Meeting
3. Solid Waste Abatement Commission--This commission reviews waste management issues and
policies which include the Eagan recycling program. Members include business and hauling
community representatives and residents. There are currently openings for one resident, one business
and one hauler representative and an alternate. B.A. Swensied is not seeking re-appointment due to his
busy schedule. Those applying for a position on the commission are as follows:
Present Members Meetings Missed:
Ronald Moening(hauler) 3
James Orcutt(resident) 1
New Applicants:
Thomas Petrilli (SWAC)
Margaret Tilley(EDC,APC,APrC, SWAC)
REQUESTED ACTION: Appoint one resident, one business representative and one hauler for 3-
year terms,and one alternate for a 1-year term.
4. Joint Burnsville/Eagan Telecommunications Commission--This commission oversees the
administration of the Joint Burnsville/Eagan Cable Television system. The following are applicants
for the Telecommunications Commission:
Present Members Meetings Missed:
Jerry Sowells 2
New Applicants:
Robert Gage(TC)
James Gallagher(EDC,TC,ARC)
Jeffrey Nodland(TC)
REQUESTED ACTION: Make one appointment for an alternate for a 1-year term.
5. Airport Relations Commission--This commission exists at the discretion of the City Council
without formal authorization in the City Code. The commission reviews airport issues within the City
of Eagan and recommends airport related policy to the City Council. Michael Steenberg is not seeking
re-appointment because he is serving on a Community Theater Board, but he may be interested in
serving on the commission in the future. Jon White is returning to school and Alternate Jason Fabio is
not seeking re-appointment due to a conflict with his job schedule and training. The following are
applicants for the Airport Relations Commission:
Present Members Meetings Missed:
Lance Staricha 2
New Applicants:
Nelson Mark Filipi (APrC,APC,ARC)
James Gallagher(EDC,TC,ARC)
Tom Pedersen(ARC)
Nadim Zoberi (EDC,APC,ARC)
REQUESTED ACTION: Appoint three members for 3-year terms and one alternate for a 1-year
term. /
Agenda Information Memo
January 20, 1998, City Council Meeting
6. Advisory Parks Commission--This commission advises the City Council regarding park
dedication by developers, purchase of additional park land, City recreation programs, and natural
resources issues. Alternate Mike Zwiefel did not indicate why he was not seeking re-appointment.
Those applying for a position on the commission are as follows:
I
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Present Members Meetings Missed:
Nelson Mark Filipi 2
Barbara Johnson 3
Daryle Petersen 0
John Rudolph 1
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New Applicants: I
Bonnie Karson(APrC,APC)
James Orcutt(SWAC,APrC)
Douglas Pewowaruk(APrC,EDC)
Margaret Tilley(EDC,APC,APrC, SWAC)
REQUESTED ACTION: Appoint four members for 3-year terms and one alternate for a 1-year
term.
ACTING MAYOR
B. Acting Mayor--There is a statutory requirement that a member of the City Council be appointed as
acting mayor. All councilmembers are eligible for this appointment. The acting mayor presides in the
absence of Mayor Egan at Council meetings and all other activities pertaining to the City of Eagan.
Historically, the Mayor has made this appointment. Councilmember Masin was Acting Mayor in
1997.
REQUESTED ACTION: Appoint a member of the City Council as acting mayor.
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Agenda Information Memo
January 20, 1998, City Council Meeting
OFFICIAL LEGAL NEWSPAPER
C. Official Legal Newspaper--There is a statutory requirement to designate a legal newspaper as the
official newspaper for the City. The City can only designate a legal newspaper of general circulation
in the City as its official newspaper for publication of items required by law, and other matters that the
Council deems advisable and in the public interest to be published. The City has received two
proposals from This Week Newspapers/Dakota County Tribune, Inc. and Minnesota Sun Publications.
The Dakota Tribune's revised bid makes them slightly less expensive for the first insertion and
slightly more expensive on multiple insertions. Both papers have made significant reductions from
their 1997 bids. An actual comparison is difficult because of different type sizes, characters per line
and lines per inch. The cost difference is not a significant factor in total.
Even though the Dakota County Tribune is the designated official legal newspaper, legal notices
would also appear in Eagan This Week. Deadlines for publication and public dates match up much
better with City activity with the Dakota County Tribune and Eagan This Week than with the Sun
Current.
Tribune This Week Sun Current
Legal Notices
Deadline Tues.Noon Tues.Noon Thurs. 2:00 p.m.
Publication Thursday Sunday Wednesday
Agendas
Deadline Mon. 4:00 p.m. Wed. 4:00 p.m. Wed. 5:00 p.m.
Publication Thursday Sunday Wednesday
Their proposals are attached on pages 15'0 through_ .
REQUESTED ACTION: Approve retention of Dakota County Tribune as the City of Eagan's
official legal newspaper.
CITY COUNCIL MEETING DATES
D. City Council Meetings--The City Council must designate the dates and times of regular City
Council meetings, which have traditionally been the first and third Tuesdays at 6:30 p.m. A tentative
schedule is attached on page designating the first and third Tuesdays as regular Council
meeting dates, with the exception of one meeting which falls on an election day. For that date, an
alternate date is suggested.
REQUESTED ACTION: Approve or modify the 1998 Schedule of Council Meetings as presented
with the alternate date.
Agenda Information Memo
January 20, 1998, City Council Meeting
CITY COUNCIL MEETING PROCEDURES
E. Council Meeting Procedures--To keep the agenda moving smoothly, the Council each year has
adopted basic guidelines for making presentations before the Council. In addition, a handout has been
developed incorporating these guidelines and an explanation of the Council meeting process. A copy j
has been included on pages through for the Council's review and appropriate revisions
or approval.
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REQUESTED ACTION: Approve the attached guidelines/handout for public participation in City
Council meetings.
COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS
F. Council Committee Appointments--Standing committees of the City Council have been used to
examine a specific subject matter at the request of the City Council. The committees consist of two
members of the Council and act in an advisory capacity to the Council. The standing committees for
1997 were as follows: j
i
Finance Committee: Cownc.11_member Masin(Chair)and Co»11Cilmember Awada
Public Works Committee: Councilmember Wachter(Chair)and Councilmember Blomquist j
Personnel Committee: Councilmember Awada(Chair)and Mayor Egan
Historically, the Mayor has made the appointments to standing committees. The representative
positions for 1997 were as follows:
Minnesota Valley Transit Authority Board: Councilmember Masin
School District#191: Councilmember Masin
School District#196: Councilmember Blomquist
School District#197: Mayor Egan
Dakota County League of Governments: Councilmember Awada
History Committee: Councilmember Wachter
Municipal Legislative Commission Board: Mayor Egan
Dakota County Economic Development Partnership: Councilmember Blomquist
Historically,appointments to representative positions have been made by Council consensus.
REQUESTED ACTION: The Mayor to appoint members of Council standing committees; and for
the Council to volunteer as representatives to the above referenced groups.
�91
Agenda Information Memo
January 20, 1998, City Council Meeting
G. OTHER APPOINTMENTS
1. MASAC Representatives. The City is eligible to appoint two representatives and one or more
alternates to the Metropolitan Aircraft Sound Abatement Council, a Metropolitan Airports
Commission advisory body. Mayor Egan has currently been serving as the representative, and Lance
Staricha, a member of the Airport Relations Commission, has been serving as an alternate. He has
indicated that he would be willing to serve as one of the regular members. Traditionally, a staff person
has been designated as one of the alternates. Jon Hohenstein has been serving as an alternate. If the
City Council chooses to appoint more than one alternate, it may be appropriate to consider other
Airport Relations Commission members for that position.
REQUESTED ACTION: Appoint two members and one or more alternates to the Metropolitan
Aircraft Sound Abatement Council
2. City Representative to the Eagan Convention and Visitor's Bureau Board of Directors. The
City Administrator was appointed to serve a two-year representative term in 1997 to the ECVB and
has been attending the meetings. The Board consists of primarily representatives of the Eagan lodging
industry. The appointment is for two years.
REQUESTED ACTION: To re-appoint the City Administrator to the ECVB for two years.
3. .Special Advisory Committees. Periodically, City Councilmembers have discussed the
appointment of certain advisory committees such as Capital Budget Committee, Special
Zoning/Comprehensive Guide Plan Update Study Committee, Community Visions and Charter
Commission. If special committees are to be formed, the City Council will need to prioritize and
establish the objectives of each committee, determine a time schedule and resource allocation to work
on the projects. The Zoning/Comprehensive Guide Plan Update Committee was appointed in 1997
and is currently meeting.
REQUESTED ACTION: Direction will further be provided at the January 27, 1998 Special City
Council meeting when the City Council considers its work program and goals.
THIS WEEK NE WSPA PER S
DAKOTA COUNTY TRIBUNE, INC.
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January 6, 1998
City of Eagan
P.O. Box 21199
Eagan, Minnesota 55121
To the Mayor and City Councilmembers:
Please accept the attached revised bid for legal newspaper status for 1998.
We believe that the Dakota County Tribune and Thisweek Newspapers offers the city the
best vehicle for communicating with its citizens. We offer the largest circulation and a
dedicated staff to handle your legals efficiently. j
All of the legal notices that appear in our papers are typeset and proofed by professionals
who have been working with such documents for many years.
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By designating the Dakota County Tribune as your legal newspaper,your legal notices
will also be published free of charge in Eagan Thisweek, which reaches 12,153 homes in
the city.
We believe that our new, lower bid reflects our sincere desire to serve the City of Eagan
as legal newspaper.
If you have any questions, feel free to call.
Thank you for your consideration.
Sincerely,
Bob Temple Carol Haverland
General Manager Legal Department
Enc.
(612) 894-1111 FAX: (612) 894-1859
P.O. Box 1439 1525 E. Highway 13 Burnsville, MN 55337
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QUOTATION FORM
CITY OF EAGAN
No. of Lines Per Column Inch 1 0-1 1 Average
Printed Characters and Spaces Per Line 45 Average
Total Characters and Spaces Per Column Inch 450 Average
Per Line Cost . 40 �
Per Column Inch Cost $4. 00
Per Column Inch Cost Subsequent Insertions $3. 50
Dakota County Tribune, Inc.
Newspaper
By Carol Haverland
January 6, 1998
Date
Comments:
157
December 15, 1997
SUNCity of Eagan
PUBLICATIONS Attention: Gene Van Overbeke
&"''QSum or PO61
s�sra� 3830 Pilot Knob Road
Eagan, MN 55122
Dear Mr. Van Overbeke:
The Sun-Current would like to be considered for designation as the legal
newspaper for the City of Eagan for the year 1998.
Communicating with the people of your community is the primary factor for a city
when selecting a legal publication. In a survey conducted this year, it was found
that 90% of our readers read the Sun-Current regularly. Combined with the highest
penetration of households and the source of local news for Eagan, we offer the
best vehicle to reach your community.
i
The rate structure for legals effective January 1, 1998 will be:
J
1 column width $ .55 per line for first insertion
$ .36 per line for subsequent insertions
Discounts are available depending on format sent.
Notarized affidavits on each of your publications will be provided with no additional
charge. The deadline for regular length notices is 2 p.m. the Wednesday prior to
publication. For notices that are six pages or more in length, the deadline is an extra
24 hours in advance.
Please notify us of your decision and we will send you details on deadlines,
discounts and transmission specifications. If you require more information to make
your decision, please contact me or Meridel Hedblom, our Legal Representative, at
896-4809.
We appreciate your considering the Sun-Current as the official newspaper for
Eagan in 1998.
Sincerely,
Doug Dance \
Publisher
'Source:Pulse Research,Inc. April 1997.
7831 East Bush Lake Road• Bloomington, MN 55439• (612) 896-4700
1998 SCHEDULE
OF COUNCIL MEETINGS
January 6
January 20
February 3
February 17
March 3
March 17
April 7
April 21
May 5
May 19
June 2
June 16
July 7
July 21
August 4
August 18
September 1
September 15
October 6
October 20
November 2*
November 17
December 1
December 15
*Denotes a change in regular meeting date
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Agenda Information Item
January 20, 1997 Eagan City Council Meeting
OLD BUSINESS
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A. RECONSIDERATION OF PRELIMINARY SUBDIVISION-CAIN ADDITION-
JON PAUL HERBST
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ACTION TO BE CONSIDERED:
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• To approve or deny a Preliminary Subdivision (Cain Addition) for 2 lots located on
approximately .6 acres, located at 2890 Skyline Drive,west of Sibley Hills Drive,north
of Skyline Drive, and east of Rustic Hills Drive in the NE 1/4 of Section 33.
FACTS:
• The Advisory Planning Commission(APC)recommended approval of this item at its
I
i November 25, 1997 meeting. No one from the public spoke at the public hearing.
• The City Council denied the proposed two-lot Preliminary Subdivision for Cain
Addition at its December 16, 1997 meeting.
x • At the January 6, 1998 City Council meeting Mr. Herbst's request for a reconsideration 1
was approved and scheduled for the January 20, 1998 City Council meeting. At that
meeting Mr.Herbst provided exhibits for the reconsideration. If you do not have these
materials please contact Maria Karels,Administrative Secretary/Deputy Clerk.
• Notification of the January 20, 1998 City Council meeting was sent to the surrounding
property owners of the affected property.
BACKGROUND:
Exhibits dated 1-9-98 pages-
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Agenda Information Item
January 20, 1997 Eagan City Council Meeting j
I
B. CONFIRMATION OF FINDINGS OF FACT,CONCLUSIONS & j
RESOLUTION OF DENIAL-CITY OF EAGAN j
a 1
ACTION TO BE CONSIDERED:
To approve Findings of Fact,Conclusions&Resolution of Denial of the Preliminary
Subdivision requested by Jon Paul Herbst(Cain Addition)located at 2890 Skyline Drive in
the SW 1/4 of Section 4
FACTS:
• At its regular meeting on January 20, 1998,the City Council denied Jon Paul Herbst's j
request for a two-lot preliminary subdivision(Cain Addition).
BACKGROUND:
I
-Findings of Facts,Conclusions&Resolution of Denial pages�� through
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SENT BY: 12-31-97 ; 13:42 SEVERSON SHELDON-� 612 661 4612;* 31 5
BEFORE THE CITY COUNCIL
CITY OF PAGAN, DAKOTA COUNTY, MINNESOTA
In Re; Application of John Paul Herbst FINDINGS OF FACT,
for a Preliminary Subdivision CONCLUSIONS AND
for Cain Addition RESOLUTION
This matter came before the Eagan City Council at its December 16, 1997
meeting. The Council received, con8idered and discussed the Advisory Planning
Commission recommendation,input from staff and residents and the planning reports,
together with all existing files, records,prior proceedings and the input from the applicant
and citizens as presented to the Council at its December 16, 1997 meeting.
13aged upon all of the files,records,prior proceedings and input which was
presented at the meeting,the City Council maker the following Findings of Fact,
Conclusions and Resolution.
FINDINGS OF FACT
1. The matter of the Preliminary Subdivision is properly brought before the
Pagan City Council.
2. The proposed Preliminary Subdivision consists of approximately.6 of an
acre of land and the development of 2 lets within the Preliminary Subdivision. The
property is located east of Rustic Hills Drive and west of Sibley Hills Drive and narth of
Skyline Drive on property legally described as Lot 1, Block 1, Post Addition_ The
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applicant's proposal is more particularly shown on Exhibit"A" attached hereto and
incorporated herein.
3. The property of the proposed subdivision is designated as D-I(Single
Family) with a density of 0-3 units per acre on the land use plan of the City's
Comprehensive Guide Plan.
4. The proposed plat of Cain Addition allows 2 units on.6 of an acre.
5, The proposed density of Gain Addition exceeds the Comprehensive Land
Use Guide Plan insofar as the proposed subdivision would exceed the maximum density
on a per sure basis.
D. Devolopment of the proposed Lot 2 cif Cain Mdition would place a
structure significantly out of alignment and nearer to Sibley ffill.s Drive than the other
existing structures to the north of the proposed subdivision,which existing houses front
on Sibley Hills Drive.
7. Information was presented to the City Council that the location of a home
on Lot 2 of the proposed Cain Addition would not be compatible with the existing houses
to the north.
CONCLUSIONS
1. This matter is properly brought before the Eagan City Council.
2. The density of the proposed subdivision of Cain Addition exceeds the City's
Comprehensive Land Use Guide Plan range of allowable density for the D4 designation,
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3, Development of Lot 2 of the proposed Cain Addition would be
ineampatible with the existing houses to the north.
4. By the greater weight of the record and information presented,it is hereby
determined by the City Council of the City of Eagan that approval of the Preliminary
Subdivision is not waorranted.
RESOLUTION
The City Council of the City of Fagan does hereby resolve that the applic fs
request for a Preliminary Subdivision to allow 2 lots on approximately .6 acres of land is
hereby denied,
Dated.at Eagan, linnesota this 6th day of January, 1998.
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
By: E.J. VanOverbeke
Its: City Clerk.
R-94% �� 612 432 3780 12-31-97 02: 54PM P005 #39
Agenda Information Memo
January 20, 1998 Eagan City Council Meeting
A. RECOMMENDATION,AIRPORT RELATIONS COMNUSSION.
METROPOLITAN COUNCIL COMMENTS,COMPREHENSIVE GUIDE PLANNING
FOR AIRPORT NOISE ZONES
ACTION TO BE CONSIDERED:
To approve or deny a recommendation by the Airport Relations Commission to provide comments to
the Metropolitan Council regarding noise sensitive planning and development proposed for the airport
noise zones southeast of the airport.
FACTS:
♦ On the basis of the Metropolitan Council noise policy contours, the Cities of Eagan and Mendota
Heights have planned and developed an area of commercial and industrial land uses along their
common boundary to provide a noise compatible area for airport operations to and from the
southeast. Beyond this area,the City of Inver Grove Heights has had low density, relatively rural
development due to the absence of urban service extensions.
♦ Two issues have come to the attention of the Airport Relations Commission which can potentially
affect the capacity of the noise compatible corridor to absorb aircraft operations. Over time, these
actions could result in political pressure to divert aircraft from the noise compatible area to
additional residential areas of the City of Eagan.
♦ The areas of concern involve the proposed comprehensive guide plan updates of other cities
southeast of the airport. The Commission is particularly concerned by early indications by the City
of Inver Grove Heights that it intends to designate areas in the northern part of their City, along the
boundary with Eagan, for urban density residential development. More immediately, the City of
Mendota Heights is considering a development proposal for townhomes south of Highway 110
and east of Highway 55, adjacent to the Furlong neighborhood, which has previously received
sound insulation assistance through the Part 150 Program.
♦ At its meeting of January 13, the Airport Relations Commission recommended that the City
Council consider forwarding concerns regarding this potential intrusion of residential uses into
policy contours.
ATTACHMENTS:
♦ Draft correspondence on pages�_Y_through
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DRAFT
1
Date
Executive Director
Metropolitan Council
Address
Dear
The purpose of this letter is to provide input to the Council as it processes
applications for development and reviews Comprehensive Guide Plan updates.
We are particularly concerned about the noise compatibility of potential new
construction within the Council's Airport Noise Policy Contours. We strongly
urge the Council to oppose the introduction of new residential uses at urban
densities within the policy contours, particularly in the areas southeast of the
airport. We urge you further to support efforts to encourage noise compatible,
commercial and industrial uses wherever feasible within the contours.
As you are aware, the Cities of Eagan and Mendota Heights have encouraged
the noise compatible development of a considerable area along the flight paths
of the Minneapolis St. Paul International Airport parallel runways. In addition,
the presence of the MUSA line at the Inver Grove Heights boundary has limited
residential development in the most noise exposed part of that community.
While there have been concerns about the volume of traffic concentrated in this
Corridor, it has provided a valuable service for the region by offering a relatively
noise compatible alternative for operations at the airport. We applaud the
Council for its foresight in providing policy guidance that supported this
development pattern.
With the absorption of easily developable residentially zoned properties in our
communities, market pressure has grown for the conversion of additional areas
to residential uses at urban densities. In addition, the statutory requirement for
all metropolitan cities to update their comprehensive guide plans has resulted in
many cities simultaneously reexamining their-development potential and
development mix. We are concerned that these converging factors not defeat
the years of thoughtful planning and development that have gone into the
Corridor.
We are concerned that the introduction of new residential uses within the
contours will not only be a disservice to the future residents of those homes but
to the tens of thousands of residents who currently live near the Corridor. The
effectiveness of the Corridor depends upon a set of procedures that insure that
the initial phases of aircraft departures occur over sparsely populated areas. The
volume of traffic operating at the airport today already tests the limits of the
compatible area. The introduction of new residential uses within areas known to
be impacted by significant levels of aircraft noise will result in political pressure
to dismantle the procedures that permit the corridor to function and aircraft
would fan away from the noise compatible areas. If this were to occur, the
residents of areas that were developed relying on good planning assumptions
would be exposed to noise impacts because of residents of areas developed in
spite of those assumptions.
This clearly is not the direction the region should take. The current Metropolitan
Council Policy Contours purposely reflect the current noise environment,
because of assertions by the industry that it is a worst case. It is understood
that the contours can be changed over time if actual noise reductions are
demonstrated at the airport. If the contours shrink as the industry promises,
because of the conversion to quiet technology aircraft, more areas of the
surrounding communities may become suitable for residential development. It is
not prudent to permit such development until the reductions actually occur,
however. Until that time, we encourage the Council to adhere to the policies it
has adopted to limit new residential development in the airport noise policy
contours whether in the context of a comprehensive guide update or specific
development proposals. We also support the current methodology for
establishing the policy contours because it has the greatest potential to.limit new
non-compatible development within a reasonable proximity of the airport.
We appreciate the opportunity to share these concerns with you. We would be
happy to discuss them with you further if you would like.
Sincerely,
Tom Egan
Mayor
cc: Chauncey Case, Metropolitan Council
Agenda Information Memo
January 20, 1998 Eagan City Council Meeting
B. AMENDMENT,CITY CODE CHAPTER 6.37,GARBAGE,REFUSE&
RECYCLING HAULERS,REDUCING THE MAXEM M NUMBER OF RESIDENTIAL
HAULING LICENSEES TO REFLECT THE CURRENT NUMBER
ACTION TO BE CONSIDERED:
To approve or deny an ordinance amending City Code Chapter 6.37 concerning garbage, refuse and
recycling haulers to reduce the maximum number of residential hauling licensees as presented.
i
FACTS:
♦ In 1993, the City Council adopted a recommendation by the Solid Waste Abatement Commission
to cap and reduce the number of residential hauling licensees as a means of reducing the duplication
of truck trips in residential neighborhoods. The Council expected a 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 approximately five
residential haulers serving the City.
♦ Since the ordinance was adopted, some consolidation has occurred and a reduction in licenses is in
order at this time. It was the Council's intention to encourage continued reduction by setting the
maximum level at the existing level of residential haulers minus one. With nine haulers currently
licensed, the cap would become eight.
ATTACHMENTS:
♦ Ordinance amendment on page
6 �
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ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND
LICENSING" BY AMENDING - SECTION 6.37, SUBD. 4(C) REGARDING
DECREASING THE NUMBER OF HAULER LICENSES; AND BY ADOPTING BY
REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Six is hereby amended by changing Section 6.37, Subd.
4(C), to read as follows:
C. The council, in the interest in maintaining healthful and sanitary conditions in
the city, hereby reserves the right to specify and assign certain areas to all
licensees, and to limit the number of licenses issued. The council shall issue no
more than Len eight residential dwelling hauling licenses. No license shall be
transferable between persons or entities. Any change in individual or corporate
ownership or substitution in partners shall constitute a transfer and shall
automatically terminate the license.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99,
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: Thomas A. Egan
Its: Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
C�
Agenda Information Memo
January 20, 1997,Eagan City Council
C. PRELIMINARY SUBDIVISION (TOWN CENTRE 70 TWENTY-FIRST
ADDITION)AND CONDITIONAL USE PERMIT—DR. SHIELA MEGAN
ACTION TO BE CONSIDERED:
> To approve or deny a Preliminary Subdivision (Town Centre 70 Twenty-first Addition)
consisting of one lot and one outlot on 6.9 acres at the northwest corner of Denmark Avenue and
Duckwood Drive, subject to the conditions listed in the Planning Commission minutes.
> To approve or deny a Conditional Use Permit to allow construction of a veterinary clinic with
boarding on proposed Lot 1,Block 1, Town Centre 70 Twenty-first Addition, subject to the
conditions listed in the Advisory Planning Commission minutes.
FACTS:
> The proposed subdivision would create one lot of 2.28 acres and one outlot of 4.42 acres. A
6,000 square foot veterinary clinic with boarding and grooming services is proposed to be
constructed on Lot 1. The plans show a future addition of 1,500 square feet.
> The building is proposed to be two stories with a walkout lower level containing the boarding
and grooming area. An exercise yard is proposed east of the building. The main entrance faces
west. Building materials consist of rockface block and exterior finish insulation system (EIFS).
The roof design is a hip roof with asphalt shingles, similar to what has been approved for the
Town Centre Car Wash and Kennedy Transmission to the north.
> The Advisory Planning Commission held a public hearing on December 18, 1997. The APC
recommended approval of the Preliminary Subdivision and approval of the Conditional Use
Permit.
ISSUES:
> The City's Zoning Code does not specify parking requirements for veterinary clinics or animal
hospitals. The development has nine employees, including the two doctors, and proposes 18
parking stalls with initial construction, and another 15 stalls for a total of 33 in the future.
> The City Sign Code allows either a pylon sign or a monument sign but not both on the same
property. However, a pylon sign was previously approved in this location in the Town Centre
Sign Agreement and the pylon sign is proposed to be shared with other businesses to the north of
this site. Also, the Sign Code allows wall signs only on building elevations having street
frontage. The sign on the west building elevation does not meet this standard,but is similar to
others in Town Centre where wall signage was allowed where there is frontage on a main
driveway entrance to a shared parking lot. Also, the proposed sign would identify the main
entrance to the building and take advantage of visibility from Duckwood Drive.
ATTACHMENTS:
December 18, 1997 APC Minutes,pages o through
Staff Report,pages�through
6�
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Page 9
December 18, 1997
ADVISORY PLANNING COMMISSION
PRELIMINARY SUBDIVISION
& CONDITIONAL USE PERMIT
DR. SHIELA MEGAN
Commission Chair Heyl opened the next public hearing of the evening regarding a
a Preliminary Subdivision to create one lot (Lot 1, Block 1, Town Centre 70 Twenty-first
Addition) and one outlot, and a Conditional Use Permit to allow a veterinary hospital
with boarding on the future Lot 1, Block 1, Town Centre 760 Twenty-first Addition,
located at the northwest corner of Denmark Avenue and Duckwood Drive.
Planner Dudziak introduced this item. Ms. Dudziak highlighted the information
presented in City staff s planning report dated December 11, 1997. Ms. Dudziak noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
The applicant addressed the Commission indicating that she has had a practice in
Eagan for approximately six years and that she could comply with the conditions set forth
in the report.
No members of the public addressed the Commission.
Commission Chair Heyl stated that the clinic was a good fit for the neighborhood
and would be a good use of the land. Member Miller concurred and stated that it would
serve as a good transition to the townhouses to the south as well as those to the east.
Member Miller moved, Member Bakken seconded, a motion to recommend
approval of a Preliminary Subdivision to create one lot (Lot 1, Block 1, Town Centre 70
Twenty-first Addition) and one outlot, located at the northwest corner of Denmark
Avenue and Duckwood Drive, subject to the following conditions:
1. The developer shall comply with these standard conditions of plat approval as
adopted by Council on February 3, 1993; B 1, B2, C 1, C2, C4, D 1 and E 1.
2. The property shall be platted.
3. Additional storm sewer along the lot line between Lot 1 and Outlot A, as shown on
the preliminary drainage plan, shall be constructed at the time of future parking lot
expansion on Lot 1 or with a service drive extension across Outlot A to access
Denmark Drive.
Page 10
December 18, 1997
ADVISORY PLANNING COMMISSION
4. With future parking lot expansion in the northeast corner of Lot 1 (Phase 3) or
future development on Outlot A adjacent to Lot 1, a shared service drive to
provide access to Denmark Avenue shall be constructed.
5. An ingress/egress easement across Outlot A should be provided prior to final
subdivision approval to ensure access to Denmark Avenue for Lot 1, Block 1 in
the future.
6. The final plat for this subdivision shall dedicate additional drainage and utility
easement over Pond JP-66 to incorporate the required high water level of the pond
plus two feet.
7. The landscape plan shall be revised to include additional overstory trees about
every 50 feet along Denmark Avenue. Automatic irrigation shall be provided for
all landscaped areas. Sod shall be used for turf establishment within three feet of
all paved surfaces as required by City Code. All plant materials must meet the
minimum specifications of the landscape ordinance.
8. A photometric site lighting plan shall be submitted prior to final subdivision
approval. Light levels shall not exceed one foot-candle at the property line, and
fixtures shall be shielded and directed downward to minimize visibility of the
source of light from off the property.
9. An addendum to the Town Centre Sign Agreement restricting the pylon sign on
this site to a shopping center identification or shared use sign shall be submitted to
the City Attorney for review and approval prior to final subdivision approval.
All voted in favor.
Member Miller moved, Member Bakken seconded, a motion to recommend
approval of a Conditional Use Permit to allow a veterinary hospital with boarding on the
future Lot 1, Block 1, Town Centre 760 Twenty-first Addition, located at the northwest
corner of Denmark Avenue and Duckwood Drive, subject to the following conditions:
1. Building materials shall be as shown on the preliminary building elevations and
materials shall be a beige or tan color scheme.
2. Only one ground sign shall be allowed. All signs shall comply with City Sign
Code requirements. The directional sign shall not exceed six square feet in area.
Page I1
December 18, 1997
ADVISORY PLANNING COMMISSION
3. The pylon sign shall be an area identification or shared user sign only.
4. Animals being boarded shall be kept inside the building, with outdoor exercise
time attended by hospital staff. Animals shall not be kept outside or left outside
unattended. Animals shall be exercised outdoors only between the. hours of 7:00
a.m. and 10:00 p.m.
All voted in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: December 19, 1997 CASE: 15-PP-28-11-97
(Revised December 19, 1997) 15-CU-40-11-97
APPLICANT: Dr. Shiela Megan HEARING DATE: December 18, 1997
Companion Animal Hospital
PROPERTY OWNER: Eagan Tower Office PREPARED BY: Pamela Dudziak
Building Partnership
REQUEST: Preliminary Subdivision and Conditional Use Permit
LOCATION: Outlot A, Town Centre 70 Twenty-first Addition
COMPREHENSIVE PLAN: CA—Central Area
ZONING: CSC—Community Shopping Center
i
SUMMARY OF REQUEST
The applicant is requesting a Preliminary Subdivision to create one lot(Lot 1, Block 1, Town
Centre 70 Twenty-first Addition) and one outlot, and a Conditional Use Permit to allow a
veterinary hospital with boarding on the future Lot 1, Block 1,Town Centre 70 Twenty-first
Addition, located at the northwest corner of Denmark Avenue and Duckwood Drive.
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
Planning Report—Companion Animal Hospital,Dr. Sheila Megan
December 18, 1997
Page 2
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."
Conditional Use Permit:
City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
123
Planning Report—Companion Animal Hospital, Dr. Sheila Megan
December 18, 1997
Page 3
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
C. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area,nor substantially diminish or impair property values within
the neighborhood.
D. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures,refuse disposal,water and sewer systems and schools.
E. Will not involve uses, activities,processes,materials, equipment and conditions of operation
that will be hazardous or detrimental to any persons,property or the general welfare because
of excessive production of traffic,noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the Comprehensive
Plan. In all cases in which conditional uses are granted, the Council shall require such evidence
and guarantees as it may deem necessary as proof that the conditions stipulated in connection
therewith are being and will be complied with.
BACKGROUND/HISTORY
This site was originally a strip of land totaling almost nine acres along the west side of Denmark
Avenue extending from Duckwood Drive to the service drive at the north end of Kohl's. In
1995, a Dairy Queen restaurant was approved at the southern end of the site,but the Dairy Queen
located in Eagan Promenade instead. Since then two other developments have been proposed for
the northern part of the site, first the Town Centre Car Wash and more recently,Kennedy
Transmission.
EXISTING CONDITIONS
The site is largely open and the southern portion is occupied by an existing storm water detention
pond. The property was graded as part of previous development and excess fill was placed on
Planning Report—Companion Animal Hospital, Dr. Sheila Megan
December 18, 1997
Page 4
this site. The site has frontage along Denmark Avenue to the east and Duckwood Drive to the
south. There is also a service road along the west edge of the property that provides service and
delivery access to Wal-Mart and Kohl's. An identification monument sign for"Eagan Town
Centre"is located in the southeast corner.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North- Vacant/Kennedy Transmission approved/Town Centre Car Wash,Zoned CSC
Community Shopping Center; Guided CA Central Area
South- Townhomes; Zoned PD Planned Development; Guided CA Central Area
East- Forest Ridge Apartments; Zoned R-4 Multiple Residential; Guided CA Central Area
West - Wal-Mart/Kohl's/Eagan Town Centre; Zoned CSC Community Shopping Center;
Guided CA Central Area
EVALUATION OF REQUEST
A. Preliminary Subdivision (Town Centre 70 Twenty-first Addition)
Lots—The proposed subdivision would create one lot 2.28 acres in size, consisting of the
southern portion of the site including the existing ponding area(64% of the site size). The
remaining part of the site would be platted as an outlot.
Setbacks—The CSC zoning district has required setbacks of 30 feet for the front yard, and ten
feet for the side yard; no minimum rear yard setback is identified in the code. Required setbacks
for parking are 20 feet from the public right-of-way and five feet from side and rear lot lines.
The proposed development plan satisfies both building and parking lot setbacks.
Grading/Wetlands—The preliminary grading plan is acceptable. The site is open and generally
slopes from north to south with an existing storm water detention pond,Pond JP-66, in the
southeast corner. The property was graded as part of previous development and excess fill was
placed on this site. Proposed grading will extend to the north into Outlot A to maintain a
maximum of 3:1 slope.
Storm Drainage/Water Quality—The preliminary storm drainage plan is acceptable. Storm water
runoff from the site will drain through an internal storm sewer system to Pond JP-66 in the
southeast corner of the development which outlets through existing storm sewer to Fish Lake
(Pond JP-1). Pond JP-66 is classified as a Class 6 Sediment Basin and Fish Lake is classified as
a Class 1 Direct Contact water body(highest quality)in the City Water Quality Management
Plan (1990).
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Planning Report—Companion Animal Hospital, Dr. Sheila Megan
December 18, 1997
Page 5
Additional storm sewer along the lot line between Lot 1 and Outlot A, as shown on the
preliminary drainage plan, should be constructed at the time of future parking lot expansion on
Lot 1 or with a service drive extension across Outlot A to access Denmark Avenue.
Utilities—The preliminary utility plan is acceptable. Sanitary sewer and water main were
previously constructed along the west edge of the site and are available for connection by this
development.
Access/Street Design—Primary access with phase 1 is proposed from the existing service drive
along the west edge of the property. With future parking lot expansion in the northeast corner of
the development(phase 3) or future development on Outlot A adjacent to Lot 1, a shared service
drive to provide access to Denmark Avenue should be constructed.
Easements/Rights of Way/Permits—The final plat for this subdivision should dedicate
additional drainage and utility easement over Pond JP-66 to incorporate the required high water
level of the pond plus two feet(overflow outlet elevation of the pond). An ingress/egress
easement across Outlot A should be provided prior to final subdivision approval to ensure access
to Denmark Avenue for Lot 1, Block 1 in the future.
Landscaping—The landscape plan appears acceptable with minor modifications. The landscape
plan provides evergreen trees on the south side of the parking lots for screening and overstory
trees on the north side of the site. On the south side of the building the slope down to the pond is
proposed to be landscaped with a low-growing variety of sumac. No other landscaping around
the pond area is proposed. Clusters of junipers and rows of dogwood shrubs are proposed east
and west of the building around the top of the wall around the exercise area and between the
future parking lot and the pond. One of the landscape design elements established with Town
Centre Car Wash and Kennedy Transmission provides overstory trees approximately every 50
feet along Denmark Avenue. For this reason, additional overstory trees should be provided about
every 50 feet further south along Denmark Avenue. Automatic irrigation and the use of sod for
turf establishment within three feet of all paved surfaces are required by City Code and should be
reflected on a revised landscape plan. Finally, all plant materials must meet the minimum
specifications of the landscape ordinance.
Lighting—The site plan shows light pole locations and indicates 30-foot poles will be utilized.
To provide consistency among the developments and minimize the impact to the adjacent
residential development, the light poles should not exceed 20 feet in height. A photometric site
lighting plan should be submitted prior to final subdivision approval. Light levels should not
exceed one footcandle at the property line, and fixtures should be shielded and directed
downward to minimize visibility of the source of light from off the property.
Tree Preservation—There is no significant vegetation on the site.
Parks and Recreation—Parks and trails dedications should be fulfilled through a cash dedication.
Planning Report—Companion Animal Hospital, Dr. Sheila Megan
December 18, 1997
Page 6
B. Conditional Use Permit
The Zoning Code does not list veterinary clinics specifically as a use in the CSC zoning district.
Animal hospitals and clinics are a permitted use in the GB district and a conditional use in the
NB district. The Eagan Pet Clinic on Beau D'Rue Drive and the Pilot Knob Animal Hospital on
Knob Drive are both located within CSC zoning districts and both were issued conditional use
permits. Dr. Megan's existing facility in Duckwood Square is also in a CSC zoning district and
has been operated under a conditional use permit that was issued in 1991.. The proposed
veterinary hospital on this site would include the boarding of animals other than patients.
Animals being boarded would be kept inside the building,with outdoor exercise time attended by
clinic staff. Animals would not be kept outside or left outside unattended.
Site Plan—The building is located north of the drainage pond in the center of the site. The main
entrance is oriented to the west and access is provided from the Wal-Mart/Kohl's service drive
'off of Duckwood Drive. In the future, additional parking northeast of the building would be
constructed and connection to Denmark Avenue via the service drive across the adjacent parcel
to the north would be provided. Ultimate development provides for a total of 4,700 square feet
of office/clinic area on the upper level (3,200 in phase 1 and an additional 1,500 future
expansion) and 2,800 square feet for boarding and grooming services on the lower walkout level.
An exercise yard will be created by constructing a retaining wall east of the building. The
retaining wall allows the exercise area to be easily accessible from the boarding area on the lower
level of the building, and limits its visibility from Denmark Avenue and adjacent residential uses.
Phasing- The development is proposed in three phases. Phase 1 includes construction of a two-
story building consisting of 3,200 square feet of hospital/clinic space on the main floor and an
unfinished lower level, parking lot with 18 stalls, landscaping, and signage. Phase 2 included
completion of the 2;800 square foot lower level for boarding and grooming services, installation
of a retaining wall to create an outdoor exercise area for animals, and installation of an exterior
walkway from the upper to the lower level on the west side of the building. Phase 3 includes an
additional 15 parking stalls in the northeast corner of the site, a 1,500 square foot expansion to
the north of the hospital/clinic area, connection to Denmark Avenue via the future service drive
across the adjacent parcel to the north, and installation of an exterior walkway from the upper to
the lower level east of the building.
Compatibility with Surrounding Area—As with Town Centre Car Wash and Kennedy
Transmission, the city has concerns about piece-meal development on this infill property. As the
property is subdivided and developed one lot at a time, it is important to maintain consistency
within this commercial area and compatibility with surrounding residential uses. With the initial
development of the car wash on the north end,the elements of consistent building design and
landscaping, safe and logical traffic circulation and discreet signage and lighting were identified
as critical to making development of this area compatible with adjacent residential uses. These
various elements are evaluated in this report for consistency and compatibility as well as for
compliance with zoning code requirements.
Planning Report—Companion Animal Hospital, Dr. Sheila Megan
December 18, 1997
Page 7
Building Design—The preliminary building plans show a walkout with the lower level facing
south. Proposed building materials are rockface block for the lower level, and exterior finish
insulation system(EFIS)with brick or rockface block accents on the upper level. The proposed
color scheme is a neutral beige,tan or gray. The other two buildings that have been approved
north of this site are brick. Although the City would like to see the same building materials for
these commercial buildings, the City Code provides no requirements for architectural design or
materials in commercial districts. The proposed materials and architectural design of this
building appear consistent with the quasi-residential character established with the other two
buildings approved for this area. The color scheme should be beige or tan rather than gray in
order to provide some consistency between this and the other commercial buildings to the north..
Trash and Mechanical Equipment - The trash area is attached to the building at the northwest
corner. As required by City Code, a trash enclosure must be provided. Mechanical equipment is
located at the northeast corner of the building. All mechanical equipment should be screened
from view.
Si a e—The Sign Code allows for one ground sign per building, and wall signage on building
elevations having street frontage (south and east). In addition, the Town Centre Sign Agreement
executed in 1986 and renewed in 1992, approved a pylon sign for this site in the location
northwest of the pond. The Sign Code does not allow both a pylon sign and a monument sign to I
be located on a single lot except where there is freeway frontage or when the pylon is a shopping
center or area identification sign.
a) Wall Signs: The applicant is proposing wall signage on the south and west building
elevations. Although not consistent with the Sign Code, the west wall signage is consistent
' with other areas in Town Centre where buildings with frontage on an entrance drive to a
shared parking lot were allowed signage on that elevation. The proposed sign on the west
elevation would identify the main entrance and take advantage of visibility from Duckwood
Drive.
b) Ground Signs: Initially, the only access to this development will be from Duckwood Drive
and consequently, a monument sign is proposed at the southwest corner of the site by the
access. When the adjacent property to the north develops and access is established to
Denmark Avenue,the monument sign may be relocated to the east side of the property.
Whether it is on the west or east side of the property, only one monument sign is allowed and
it must meet the size restrictions and setback requirements of the City Sign Code.
c) Directional Sign: A directional sign is proposed at the entrance to the parking lot from the
service drive on the west side of the property. The directional sign should be less than six
square feet in area.
d) Pylon Sign: The applicant is proposing a shared pylon sign in the location approved by the
Town Centre Sign Agreement. The pylon sign would not be installed until some time in the
future after development occurs to the north and there are more businesses to share in its use
and cost. When the Town Centre Sign Agreement was originally adopted, it was envisioned
Planning Report—Companion Animal Hospital,Dr. Sheila Megan
December 18, 1997
Page 8
that the property between Denmark Avenue and the Wal-Mart and Kohl's stores would
develop as a single use. However, development of this property is occurring as multiple
buildings on separate lots and with this development pattern, a shared pylon sign could serve
as an area identification or shopping center sign for this and future businesses that develop to
the north. Under these circumstances,both a pylon and a monument sign would be allowed
on the same property. An addendum to the Town Centre Sign Agreement should be
submitted to the City prior to final subdivision approval restricting the pylon sign on this site
to a shopping center identification or shared use sign.
Parking—The City Code does not specify minimum required parking for veterinary hospitals or
clinics. Staff surveyed several cities to determine if the amount of parking proposed is consistent
with what would be required elsewhere. There does not appear to be consistency among the
cities surveyed on what is an appropriate amount of parking for this type of use,but the amount
of parking proposed falls within the range that other cities would require.
Eighteen parking stalls (2 of them handicapped accessible) on the northwest corner of the site are
provided with initial construction. Additional parking with phase 3 construction adds 15 stalls
for a total of 33. The proposed development has nine employees (5 full-time and 4 part-time)
including the two doctors. The 18 stalls provided in phase 1 results in a parking ratio of one stall
per 333 gross square feet. With the future addition of 1,500 sq. ft, of clinic space and phase 3
- parking, the ratio would be one stall per 227 gross square feet of building.
Some of the cities surveyed treat veterinary clinics similar to other office or other medical uses;
only one city(Apple Valley)had a specific standard for veterinary clinics and that is one stall per
400 sq. ft: Using these standards for comparative purposes on the initial 6,000 square foot
building, other cities would require parking of between 15 and 24 stalls, and one would require
33 stalls, and those numbers increase slightly when applied to the full phase 3 development.
Eagan's parking standards for general office(1 per 150 sq. ft. net leasable) and other medical
uses (the greater of 3 per doctor or 1 per 150 gross sq. ft.)would result in a range of required
parking between 32 stalls with the initial construction and up to 50 stalls total with phase 3
development.
Hours of Operation—To ensure compatibility with the surrounding residential uses and minimize
the potential for nuisance, the exercising of animals outdoors should be limited to daytime hours.
Animals should be exercised outdoors only between the hours of 7:00 a.m. and 10:00 p.m.
These are the"daytime"hours as defined in the state regulations regarding noise pollution.
i
SUMMARY/CONCLUSION
The applicant is requesting a Preliminary Subdivision (Town Centre 70 Twenty-.first Addition)
consisting of one lot and one outlot, and a Conditional Use Permit to construct an animal
hospital with boarding facilities on proposed Lot 1 in a CSC (Community Shopping Center)
zoning district. The concerns that were raised during reviews of previous development proposals
for this area regarding piece-meal development and compatibility with existing residential
developments remain.
Planning Report—Companion Animal Hospital,Dr. Sheila Megan
December 18, 1997
Page 9
For consistency with the other developments for this area, the landscape plan and site lighting
should be modified, and beige or tan building materials used. Determinations need to be made
on whether to allow signage on the west building elevation at the main entrance, and whether the
proposed parking is adequate.
ACTION TO BE CONSIDERED
A. To recommend approval or denial of a Preliminary Subdivision (Town Centre 70 Twenty-
first Addition) to create one lot and one outlot on 6.9 acres located at the northwest corner
of Denmark Avenue and Duckwood Drive in the NW '/a of Section 15.
Standard 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 E1.
2. The property shall be platted.
3. Additional storm sewer along the lot line between Lot 1 and Outlot A, as shown on the
preliminary drainage plan, shall be constructed at the time of future parking lot
expansion on Lot 1 or with a service drive extension across Outlot A to access Denmark
Drive.
4. With future parking lot expansion in the northeast corner of Lot 1 (phase 3) or future
development on Outlot A adjacent to Lot 1, a shared service drive to provide access to
Denmark Avenue shall be constructed.
5. An ingress/egress easement across Outlot A should be provided prior to final
subdivision approval to ensure access to Denmark Avenue for Lot 1, Block 1 in the
future.
6. The final plat for this subdivision shall dedicate additional drainage and utility
easement over Pond JP-66 to incorporate the required high water level of the pond plus
two feet.
7. The landscape plan shall be revised to include additional overstory trees about every 50
feet along Denmark Avenue. Automatic irrigation shall be provided for all landscaped
areas. Sod shall be used for turf establishment within three feet of all paved surfaces as
required by City Code. All plant materials must meet the minimum specifications of
the landscape ordinance.
8. A photometric site lighting plan shall be submitted prior to final subdivision approval.
Light levels shall not exceed one footcandle at the property line, and fixtures shall be
O
Planning Report—Companion Animal Hospital, Dr. Sheila Megan
December 18, 1997
Page 10
shielded and directed downward to minimize visibility of the source of light from off
the property.
9. An addendum to the Town Centre Sign Agreement restricting the pylon sign on this site
to a shopping center identification or shared use sign shall be submitted to the City
Attorney for review and approval prior to final subdivision approval.
B. To recommend approval or denial of a Conditional Use Permit for a veterinary hospital
with boarding on proposed Lot 1, Block 1, Town Centre 70 Twenty-first Addition.
1. Building materials shall be as shown on the preliminary building elevations and
materials shall be a beige or tan color scheme.
2. Only one ground sign shall be allowed. All signs shall comply with City Sign Code
requirements. The directional sign shall not exceed six square feet in area.
3. The pylon sign shall be an area identification or shared user sign only.
4. Animals being boarded shall be kept inside the building, with outdoor exercise time
attended by hospital staff. Animals shall not be kept outside or left outside
unattended. Animals shall be exercised outdoors only between the hours of 7:00 a.m.
and 10:00 p.m.
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights-of-Way
1. This development shall dedicate 10-foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission City Council
Approved: _August 25, 1987 September 15, 1987
Revised: July 10, 1990
Revised: February 2, 1993
LTS#5
STANDARD.CON
rV 11
FINANCIAL OBLIGATION—Town Centre 70 21st
There are pay-off balances of special assessments totaling $30,150 on the parcels proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time,there are no pending assessments on the parcel proposed for platting.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are proposed. The charges are computed using the City's
existing fee schedule and connections proposed to be made to the City's utility system based on
the submitted plans.
Improvement Use Rate Quantity Amount
Water Availability Charge C/I $2,855/Ac .91 Ac $2,598
Total JZ,598
The above financial obligation is computed using the 1997 fee schedule rates. The City will
compute the financial obligation at the rate in effect at the time of final plat approval.
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� A
Report for
Country Home Heights Addition
Street Improvements
City Project No. 717R
Eagan, Minnesota
September 1997
Revised January 1998
city of eagnn
THOMAS EGAN
Mayor
January 15, 1998 PATRICIA AWADA
BEA BLOMQUIST
SANDRA A. MASIN
THEODORE WACHTER
Honorable Mayor and City Council Council Members
City of Eagan THOMAS HEDGES
3830 Pilot Knob Road City Administrator
Eagan, MN 55122 E.J. VAN OVERBEKE
City Clerk
RE: Country Home Heights Street & Storm Sewer Improvement Report
City Project No. 717R
Dear Mayor and City Council:
Attached is our revised report for the Country Home. Heights Street & Storm Sewer
Improvements, City Project No. 717R. The report presents and discusses options of
proposed improvements and includes cost estimates and preliminary assessment rolls for
each option.
We would be pleased to meet with the City Council at your convenience to review and
discuss the contents of this report.
Sincerely,
7z
' John P. Gorder
Development/Design Engineer
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
under the laws of the State of Minnesota
Jhn P. Gorder
Date: �- i "" Reg. No.
Reviewed By:
Dept. of Public Works Date
Reviewed By: -
Fin ce
Dept. Date
MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY
3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT
EAGAN,MINNESOTA 55122-1897 EAGAN,MINNESOTA 55122
PHONE:(61'2)681-4600 PHONE:(612)681-4300
FAX.(612)681-4612 Equal Opportunity/Affirmative Action Employer FAX:(612)681-4360
TDD:(612)454-8535 TDD:(612)454-8535
Table of Contents
Letter of Transmittal/Certification Page
Table of Contents
Page
Scope............................................................................................................1
Feasibility and Recommendations............................................................2
Discussion ...................................................................................................2
Option 1 —Full City Standard Streets
Option 2—2"Bituminous Overlay Streets
Easementsand Permits..............................................................................4
CostAnalysis..............................................................................................5
Areato be Included....................................................................................6
Assessments ................................................................................................7
i
RevenueSource..........................................................................................7
EstimatedAssessment................................................................................8
ProjectSchedule.........................................................................................9
List of Appendices
Appendix A—Preliminary Cost Estimates
Appendix B—Preliminary Assessment Roll
List of Figures
Figure 1 —Location Map
Figure 2—Street Improvements & Assessment Map
Figure 3 —Storm Sewer Improvements—Option 1
Figure 4—Existing &Proposed Typical Sections
Scoff
This report outlines two options for providing an improved surface for the existing gravel streets
within the Country Home Heights Addition, located north of Lone Oak Road (County Road 26)
and east of Pilot Knob Road (County Road 31), as shown on Figure 1.
The two options presented herein are 1) Full City Standard Streets and 2) 2" Bituminous Overlay
Streets.
Country Home Heights Addition is one of the oldest subdivisions in the City, platted in 1949,
and includes 76 single-family residential homes, 59 of which take direct driveway access onto
unimproved streets. Sanitary sewer and water main utilities were constructed in 1970 to serve
the subdivision. Storm sewer and street improvements were not constructed at that time except
for reshaping the existing streets and a placement of a 4" thick gravel base. Since that time, the
City has continued to grade the streets and add supplemental gravel as required. The City has
also been adding a chloride treatment which minimizes dust and erosion of the gravel. Country
Homes Heights Addition is the last subdivision in the City with gravel-surfaced streets.
The City Council has twice previously denied public improvement projects to upgrade streets
within the Country Horne Heights Addition. The first proposed project, City Project No. 605 —
Country Home Heights Storm Sewer & Street Improvements in 1990, included the upgrade of
the streets to the full City standard of concrete curb & gutter, bituminous surfacing, and storm
sewer. The second project proposed, City Project No. 717 —Rainier Lane Street & Storm Sewer
Improvements in 1997, was in response to a citizen petition this past spring and included th,
upgrade of the 600-foot length of Rainier Lane to full City street standards. Both projects were
denied by the Council based on large project costs versus the potential benefit to adjacent
assessable properties.
-1-
1400 MENDOTA HEIGHTS
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Project Location
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717LMAP.DWG 8/25/97
LOCATION MAP Fig.
.CITY OF EAGAN Project 71 78
Feasibility and Recommendations
This project is necessary to provide a safer driving surface, increase rideability, and control dust
and erosion.
This project is cost-effective in that it will increase the property values of adjacent properties.
This project is also cost-effective in that the proposed improvements reduce long-term
maintenance costs such as periodic grading, the placement of additional gravel, and chloride
treatments to control dust.
The project is feasible from an engineering standpoint and is in accordance with the objectives
established in the City's Comprehensive Storm Water Management and Street Plans.
The project can best be carried out as one contract.
Discussion
Option 1• Full Standard Citv Streets-Wigure 21
Streets: If this option is selected, it is proposed to improve the existing gravel streets with
bituminous surfacing and concrete curb and gutter, and storm sewer to a width of 32 feet. The
existing streets within Country Home Heights are approximately 20 to 24 feet in width. Because
the gravel streets were not originally built to a design that anticipated future urban street
construction, the existing gravel base cannot be effectively salvaged for reuse as base for the
urban standard street. As a result, grade changes will be required to match the existing
driveways and lawns.
The proposed street section consists of 3 inches of bituminous pavement and 6 inches of
aggregate base, which is a typical section for residential streets in the City. The existing and
proposed typical sections are shown on Figure 4.
The average life expectancy for a full standard City street is approximately 30 to 35 years with
regular maintenance.
The advantages of the full standard City street versus the current gravel streets are as follows:
- The recurrent grading and addition of gravel base are eliminated.
- The ongoing chloride treatment to minimize dust is eliminated.
- Erosion resulting from heavy rains is eliminated.
- Locating and accessing manholes and gate valves in emergency situations is
quicker.
- The blockage of existing culverts and storm sewers preventing proper drainage is
reduced.
- Safer driving conditions(increased driver control, rideability, etc.)
- Adjoining property values are increased.
-2-
Less damage and more efficient snow and ice control during pre and post-ice
conditions.
Storm Sewer(Figure 3): The majority of storm water runoff from Country Home Heights is
divided into two drainage areas as identified in the City's Storm Water Management Plan (1990).
Drainage from the southerly area is presently directed through existing storm sewer pipe and
overland drainage routes into Pond DP-15 within Poplar Homesteads Addition south of Lone
Oak Road. Drainage from the central portion of the addition flows into a low area near Egan
Avenue and Country Home Heights Park. The remainder of drainage from the addition is
directed into existing storm sewer systems along Pilot Knob Road and Avalon Avenue.
A. Southerly Area Storm Sewer: The proposed southerly system would connect to an
existing 24" storm sewer on the north side of Lone Oak Road. From this point 24", 21", 18",
and 15"pipes would be extended north to the intersection of Burnside and Egan Avenues.
At several locations, areas behind the proposed curbs are too low to allow water to flow over the
top of the proposed curbs into the streets. These areas are at Lone Oak Road, along the east side
of Egan Avenue, and at the intersection of Burnside and Eagan Avenues. For this reason, aprons
and catch basins would be provided behind curbs to collect water from these low-lying areas.
The existing system that serves the southerly area and outlets into the 24" storm sewer under
Lone Oak Road consists of an 18" and 21" storm sewer along the east side of Egan Avenue but
is located outside of the street right-of-way. It is proposed to investigate this system during the
design phase of the project to determine whether or not it can be incorporated into the new
` system. This investigation would include determination of the pipe's capacity, televising to
determine the condition of the pipe, and determination as to the feasibility of obtaining an
easement over the pipe if it meets design criteria. For purposes of this report, it was assumed
that the existing pipe would be replaced with a new storm sewer pipe except for the existing 24"
storm sewer beneath Lone Oak Road to Pond DP-15, which is proposed to be utilized as a part of
this project.
B. Central Area Storm Sewer: Pond HP-4 (Type C, a dry pond) within Country Home
Heights Park is under the City's Storm Water Management Plan. An outlet for this pond was
constructed previously under a separate project.
C. Lateral Storm Sewer: Additional lateral storm sewer would be constructed at the
intersection of Avalon Avenue and Vilas Lane and at the Inland and Lone Oak Road intersection.
Construction at these locations would involve collection of surface water runoff in catch basins
and storm sewer either into existing storm sewer in Avalon Avenue, (for the Central Area
drainage) or the ditch along Lone Oak Road (for the Southern Area drainage).
D. Ponding: The trunk storm sewer (built in 1990) leading from Country Home Heights
Park was designed in accordance with the City's Storm Water Management Plan without any
changes to the designated NWL, HWL, or outflow rate of Pond HP-4. Pond design information
for HP-4 are presented below:
-3-
Phi NWL HWL Stora2 Wet Volume Outflow
HP-4 891.0 (dry) 896.0 7.6 ac. ft 0 ac. ft. 3.0 cfs
Option 2. 2" Bituminous Overlay-(Figure 2)
tree • If this option is selected, it is proposed to improve the gravel streets within Country
Home Heights with bituminous surfacing to a width of 28 feet. Past maintenance experience
with the gravel streets indicate good, well-braining subgrade soils with a 4" depth of gravel
which would require minimal or no subgrade correction work prior to paving.
The proposed street section consists of placing an additional 2" of gravel base for slope and
crown correction and 2"of bituminous overlay to a width of 28 feet.
A 2" bituminous overlay in Country Home Heights Addition can be expected to function
adequately for approximately 10 to 15 years with routine normal maintenance.
Advantages of the 2-inch bituminous overlay pavement versus the current gravel street are as
follows'
- The driving surface is more stable.
- Rideability is improved.
- Less, more efficient,surface maintenance.
- The recurrent grading and addition of gravel base is eliminated.
- The ongoing chloride treatment to minimize dust is eliminated.
Disadvantages of this option are as follows:
- Substandard structural section does not have long service life.
- Erodeable and unstable pavement edges without curb, gutter and storm sewer.
- Undefined delineation between road surface and manicured lawns.
- No curb to contain snow plow equipment, general traffic and parked vehicles.
Existing ditches and swales adjacent to the streets would be maintained under this option to
accommodate drainage and, therefore, no storm sewer is proposed with the 2"overlay option.
Easements and Permits
All proposed work with this project, for either option selected, will take place within the existing
60-foot wide right-of-way of the affected streets within Country Home Heights Addition and no
additional easements will be needed. No ponding easement is necessary for Pond - HP-4 since
the pond is located on City Park property.
If the existing storm sewer along Egan Avenue outside of the City right-of-way is determined to
be in good condition and has adequate capacity (as detailed in the previous storm sewer
discussion), permanent utility easements would be acquired from the properties where it is
located.
-4-
l
Cost Analysis
A detailed cost estimate for both options presented for this project is provided in Appendix A.
The total estimated project costs are based on anticipated construction costs and include a 5
percent contingency and indirect costs of 30 percent which include legal, administrative,
engineering, and bond interest. Following is a summary of the total estimated project costs for
both proposed options:
Option 1 —Full City Standard Streets—Total Estimated Project Cost- $734,000
Option 2—2" Bituminous OverlaX—Total Estimated Project Cost- $165,000
1
I
-5-
Area To Be Included
Listed below are the properties proposed to be assessed and the construction area of the project,
which are the same.
ASSESSMENT AND CONSTRUCTION AREA
Country Home Heights Addition
Block 1: Lots 2 & 3
Parcel 041-01 (Part of Lot 4)
Parcel 051-01 (Lot 5 &Part of Lot 4)
Block 2: Lots 1- 5, 7, & 9
Parcel 060-02, 081-02 (Lot 6 & 8)
Block 3: Lots 1-3 & 7
Parcel 050-03 (Lot 4 & Part of Lot 5)
Parcel 051-03 (Part of Lot 5)
Parcel 061-03 (Lot 6)
Parcel 082-03 (Part of Lot 8)
Parcel 081-03 (Part of Lot 8) &Parcel 010-50 (SW 1/4, Section 3)
Block 4: Parcel 022-04 (Part of Lots 1 & 2)
Parcel 023-04 (Part of Lots 1 & 2)
Parcel 030-04 (Lot 3)
Block 5: Lots 1, 4, 6, 8, 10, & 12
Parcel 051-05 (Lot 5)
Parcel 151-05 (Lot 14 &Part of Lot 15)
Parcel 152-05 (Part of Lot 15)
Parcel 161-05 (Lot 16)
Block 6: Lots 1-8
Block 7: Lots 1, 3, 5, 7, 13 & 14
Parcel 090-07 (Part of Lot 9)
Parcel 110-07 (Lot 11 & Part of Lot 9)
Block 8: Lots 1-12
Block 9: Lots 2, 4-6, & 8
Parcel 030-51
-6-
Assessments
A preliminary assessment roll, for both options presented, is provided in Appendix B located at
the back of this report.
For both options presented, benefiting properties taking primary driveway access onto the streets
(59 lots) in Country Home Heights are proposed to be assessed the estimated amount of benefit
derived from the improvements. Three properties, in addition to the 59 lots, are proposed to be
assessed about '/4 of the estimated amount of benefit. The lots have access to existing improved
streets but the properties are adjacent to the proposed improvements. Another additional
property is proposed to be assessed about %z of the estimated amount of benefit due to a
secondary driveway accessing one of the streets to be improved. The City has solicited
independent pre-project appraisals to determine the derived benefit from both types of
improvements. Results of the appraisals show the following:
Estimated Benefit
Full City Standard Streets $4,000/lot
2"Bituminous Overlay Streets $2,500/lot
Depending upon which option is selected, it is proposed to assess each of the benefiting
properties the appraised value, while the remaining balance of the cost of the improvements
would be the responsibility of the City's Major Street and Storm Sewer Funds.
i
Revenue Source
Estimated Estimated
Pro-ject Cost Assessment Revenue Balance
Option 1 —Full City $734,000 $241,000 -$493,000
Standard Streets
Option 2—2"Bituminous $165,000 $150,625 -$14,375
Overlay Streets
-7-
Estimated Assessment
Option 1 —Full City Standard Streets
The proposed maximum assessment for this option is $4,000 per lot taking direct driveway
access onto the streets within Country Home Heights. Based on a 15-year assessment period and
an estimated interest rate of 8%, the following payments would result if a property owner elects
to include the assessment on their property tax statement:
Principal/Year Interest/Year Cost/Year Cost/Month
1"Year $267 $346 $613 $51
15th Year $267 $ 21 $288 $24
Option 2—2" Bituminous Overlay Streets
The proposed maximum assessment for this option is $2,500 per lot taking direct driveway
access onto the streets within Country Home Heights. Based on a 15-year assessment period and
an estimated interest rate of 8%, the following payments would result if a property owner elects
to include the assessment on their property tax statement:
Principal/Year Interest/Year _ st/Year Cost/Month
1St Year $167 $216 $383 $32
15th Year $167 $ 13 $180 $15
-8-
Project Schedule
Present Feasibility Report September 2, 1997
Neighborhood Meeting September 25, 1997
Public Hearing January 20, 1998
Approve Plans and Specification/Order Ad For Bids March 17, 1998
Award Contract May, 1998
Substantial Completion August, 1998
Assessment Hearing November, 1998
First Payment Due with Property Tax Statement May 1999
-9-
APPENDIX A
PRELIMINARY COST ESTIMATES
COUNTRY HOME HEIGHTS
STREET & STORM SEWER IMPROVEMENTS
CITY PROJECT No. 717R
Option 1 - Full Standard City Streets:
Qiy-. Unit item cost
310 LF 24"RCP Storm sewer @ $32/LF $9,920
310 LF 21"RCP Storm sewer @ $30/LF 9,300
350 LF 18"RCP Storm sewer @ $26/LF 9,100
1,180 LF 12"RCP Storm sewer @ $24/LF 28,320
7 EA Std. MH w/Casting @ $1,200/EA 8,400
22 EA Std. CB w/Casting @ $1,000/EA 22,000
1 EA 21"RCP flared end section @ $1,000/EA 1,000
1 EA 15"RCP flared end section @ $600/EA 600
1 EA Connect to ex. 24"RCP @ $500/EA 500
10,000 CY Common Excavation @$5,50/CY 55,000
10,200 TN Class 5 aggregate base @$8/TN 81,600
2,750 TN 2331 Bituminous base course @ $14/TN 38,500
1,500 TN 2341 Bituminous wear course @ $16/TN 24,000
260 TN Bit. Material for mixture @$130/TN 33,800
15,000 LF B618 Conc. Curb & gutter @$6/LF 90,000
5 EA Relocate hydrant @ $1,200 6,000
63 EA Relocate mailbox @ $100/EA 6,300
58 EA Driveway restoration @ $500/EA 29,000
52 EA Adjust MH & GV @$150/EA 7,800
23,000 SY Sod, type lawn @ $2.50/SY 57,500
2,000 CY Topsoil borrow @ $8/CY 16,000
1 LS Traffic control @$3,000/LS 3,00
0
$537,640
+ 5% Contingencies 26,880
Subtotal $564,520
+ 30% Indirect Costs 169,360
Total-Option 1 $734,000
-10-
Option 2-2" Bituminous Overlay
QtY-- Unit Item cost
2,800 TN Cl. 5 Agg. Base(2") @ $8/TN $22,400
2,800 TN 2341 Bit. Wear course(2") @ $16/TN 44,800
180 TN Bit. Material for mixture @ $130/TN 23,400
52 EA Adjust MH & Gate valve @ $150/EA 10,400
5,000 SY Sod, type lawn @ $2.50/SY 12,500
1 LS Traffic control @ $2,000 3000
500 CY Topsoil borrow @ $8/CY 4.000
$120,500
+ 5% Contingencies 6,030
Subtotal $126,530
+25% Indirect Costs 37,960
Total—Option 2 $165,000
-11-
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
COUNTRY HOME HEIGHTS ADDITION
STREET & STORM SEWER IMPROVEMENTS
CITY PROJECT NO. 717R
Parcel Description Assessment—Option 1 Assessment—Option 2
Country Home Heights
Block 1
Lot 2 $4,000 $2,500
Lot 3
Parcel 041-04 (Part of Lot 4)
Parcel 051-01 (Lot 5 &part of Lot 4)
Block 2
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Block 3
Lot 1
Lot 2
Lot 3
Lot 7
Parcel 050-03(Lot 4 &part of Lot 5)
Parcel 051-03(Part of Lot 5)
Parcel 061-03(Lot 6)
Parcel 082-03(Part of Lot 8)
Parcel 081-03(Part of Lot 8 & Parcel 010-50)
Block 4
Parcel 022-04(Part of Lots 1 & 2)
Parcel 023-04(Part of Lots 1 & 2)
Parcel 030-04(Lot 3) $4,000 $2,500
-12-
Block 5
Lot 1 $2,000 $1,250
Lot 4 $1,000 $ 625
Lot 6 $4,000 $2,500
Lot 8
Lot 10
Lot 12
Parcel 051-05(Lot 5)
Parcel 151-05(Lot 14 & Part of Lot 15)
Parcel 152-05(Part of Lot 15)
Parcel 161-05(Lot 16)
Block 6
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Block 7
Lot 1
Lot 3
Lot 5
Lot 7
Lot 13
Lot 14
Parcel 090-07 (Part of Lot 9)
Parcel 110-07 (Lot 11 & Part of Lot 9)
Block 8
Lot 1 $4,000 $2,500
Lot 2 $1,000 $ 625
Lot 3 $4,000 $2,500
Lot 4
Lot 5
Lot 6
Lot 7
Lot 9
Lot 11
Block 9
Lot 2
Lot 4
Lot 5
Lot 6
Lot 8 $4,000 $2,500
Parcel 030-51 $1,000 $ 625
Totals $241,000 $150,625
-13-
2
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LEGEND
• Assessable Lot 0 1000
REV. 1/15/98
8/27/97 1/15/98 !!
717ASSES.DWG
COUNTRY HOMES HEIGHTS F19. 2
STREET IMPROVEMENTS AND
ASSESSMENT MAP CITY PROJ. 717R
CITY OF EAGAN ( OPTION 1 & OPTION 2 )
AVALON AVENUE
I
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8/27/97 F19.4t",
Fl9
COUNTRY HOME HEIGHTS
STORM SEWER LAYOUT CITY PROJ. 717
CITY OF EAGAN OPTION 1 - FULL CITY STANDARD STREET
R/W EXISTING SECTION R/W
60' R.O.W.
20' 20' EXISTING 2
GRAVEL ROADWAY
TYPICAL SECTION - OPTION 1 - FULL CITY STANDARD STREET
R/W R/W
60' R.O.W.
i
14' 32' ROADWAY 14'
i
1 2% 2%
1" 2331 TYPE 41 BITUMINOUS
B618 CONC. 2" 2331 TYPE 31 BITUMINOUS
CURB & GUTTER
6" Cl, 5 AGGREGATE BASE, 1009 CRUSHE:
TYPICAL SECTION - OPTION 2 - 2" BITUMINOUS OVERLAY STREET
R/W R/W
60' R.O.W.
16' 28' ROADWAY 16'
2" 2331 TYPE 41 BITUMINOUS
2° Cl. 5 AGGREGATE BASE, 100% CRUSHE7-
( FOR SLOPE & CROWN CORRECTION )
8-25-97 Fig. -I
717XSEC.DWG
COUNTRY HOME HEIGHTS PROJ.7171�
EXISTING & PROPOSED TYPICAL SECTIONS
CITY OF EAGAN OPTIONS 1 & 2