03/18/1997 - City Council RegularAGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
MARCH 18, 1997
6:30 P.M.
I. ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
IV. DEPARTMENT HEAD BUSINESS (BLUE)
A. POLICE ;AND FIRE DEPARTMENTS: Direction regarding Fourth of July fireworks
display
V. PRESENTATION - METRO EAST DEVELOPMENT PARTNERSHIP
VI. CONSENT AGENDA (PINK)
P
- 04 A. PERSONNEL ITEMS
t6 B. APPROVE Public Safety Dispatch Agreement - City of Rosemount
C. APPROVE Amendment to the ICMA Deferred Compensation Plan
.,Q D. PROCLAMATION, Burnsville-Eagan Public Access Volunteer Appreciation Day,
I March 21, 1997
1� E. APPOINTMENT, Solid Waste Abatement Commission business representative
F. PROJECT 707, Receive feasibility report/order public hearing (TH 149/Lone
Oak Parkway - Signal)
G. PROJECT 712, Receive feasibility report/order public hearing (Surrey Hts. -
' L Streetlights)
H. APPROVE Resolution requesting advance of 1998 Municipal State Aid Street gas
tax allocation
ZL I. APPROVE Resolution requesting variance to Dakota County Spacing Guidelines
(Lone Oak Rd.)
33 J. FINAL SUBDIVISION, South Oaks 2nd Addition
K. APPROVE Meter reading services contract - RMR Services
L. RESOLUTION Approving Comprehensive Guide Plan map
M. RESIGNATION, Randall Ahern - APRNRC
N. ACCEPTANCE of grant funds; Library Services Grant
0
'. .�
fRECOMMENDATION, Airport Relations Commission - Urban Revitalization Program
CC.•�� Position
S� P. REQUEST for public hearing - Certification of delinquent utilities - May 6,
1997
Q. PROJECT 714, Receive feasibility report/order public hearing (Donald Ave. -
Street Rehabilitation)
' ?Q R. PROJECT 715, Receive feasibility report/order public hearing (Heine Strasse
1 - Street Rehabilitation)
VII./ OLD BUSINESS (ORCHID)
A. REZONING - Royal Oaks Realty, of 20 acres from Agricultural to R-1 (Single
D Family) and a PRELIMINARY SUBDIVISION (Evergreen) of 55 lots and one outlot
` on 40 acres located north and east of Gun Club Road, abutting the Inver
Grove Heights border in the SE 1/4 of Section 36
k(0 B. AMEND conditions of approval - Town Centre 70 Nineteenth Addition
VIII. NEW BUSINESS (TAN)
P.� ((.,,*A. PRELIMINARY SUBDIVISION - Gregory & Valerie Rathman, (Rathman Acres)
consisting of 15.2 acres and eight single family lots located on the
V southwest corner of Blackhawk Lake and east of Blackhawk Road in the SE 1/4
of Section 17
B. PRELIMINARY SUBDIVISION - Mark & Karen Fjeld, (Moose Ridge) for the purpose
nil of realigning an existing property line between Lot 2, Block 4, Sunrise
\'v( Hills Addition and Lot 8, Block 1, Sunrise Hills Second Addition located at
3635 Wescott Hills Drive and 895 Sunwood Court in the SE 1/4 of Section 14
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (6►lVo
F-tsl A. RESOLUTION Requesting legislation for Road Unit Connection Fees
X. ADMINISTRATIVE AGENDA (GREEN)
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. ADJOURND1ENT
XIII. EXECUTIVE SESSION
The City of Eagan is committed to the policy that all persons have equal access to its programs, services,
activities, facilities and employment without regard to race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary
aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of
less than 96 hours is received, the City of Eagan will attempt to provide such aid.
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
::::.::Tebruary 18, 1997
A special meeting of the FNan.-Qity.;.CRupcil.-was. held on Tuesday, February 18, 1997, at 5:00
p.m. in the Community Room of the Eagi6::Qcitii i;::Eeitit4r::f3iWding. Present were Mayor Egan and City
Councilmembers Awada, Blomquist and WBirite-;":6ity''Couticil'm*9Mber Masin arrived at approximately 5:20 p.m.
Also present were Senior Planner Freese, Chle .. Building Official Reid, Director of Parks & Recreation Vraa, Director
of Finance VanOverbeke, Communications:iordinator Foote, Assistant to the City Administrator Hohenstein and
City Administrator Hedges. Also present were representatives of the Dakota County Housing Redevelopment
Authority staff.
SENIOR HOUSING ALTERNATIVES
City Administrator Hedge .*:*O" ovided :background on the agenda item. The City Council had
requested an analysis of the Town Cent4e -'iite and :ii io Oak Woods site to determine cost differential. City
Councilmembers had questions regarding o multi -f i *jily housing, including Cinnamon Ridge, was financed.
Director of Finance VanOverbeke stated that there has inn no risk to the City with the method in which the general
obligation bonds were structured. Mayor Egan.stated that the cost factors for the HRA multi -family senior housing
project for Town Centre should be given furtFii3i'iiYit::::t'y:?piiiicitiiiember Awada stated that she is not inclined to
support the City or County becoming invorV�4:-*i is:*'-'�itii'i' ig:'ciar."6:: t' ility. Mark Ulfers, Executive Director of the
Dakota County HRA, stated that it has been their intention that the HRA and City would seek a private provider for
both the assisted care and nursing home facility.
It was determined that the HRA does not have the same mechanism for funding available as they
did at Oak Woods. Senior Planner Freese reviewed the possible City -funding sources identified for the independent
living building. Finance Director VanOverbeke discussed the ,.k ditii' idtthe Multi -Family Revenue Bond Fund and the
Cinnamon Ridge TIF lean. City fees and assessments:irpri!i .-6:�a':vi v of keeping the project costs and the rents
lower.
City Councilmember Blomquist: ;Stated that'sifing the next senior housing project, similar to Oak
Woods of Eagan, at Town Centre appears to kie*'e:g-':- : jpice .for the community. She further stated that it would
be advantageous for both the HRA and the City to hold 'a'.rieighfsQftod meeting to present the concept of a senior
housing facility for the Town Centre site to the adjacent neigKbort}fiiid. Mayor Egan agreed that the Town Centre
site is a good choice and suggested that the HRA staff prepare a financing plan that would reduce rents for the new
facility to be consistent with the senior housing facility at Oak Woods of Eagan. City Councilmember Wachter also
agreed and stated that he would like to preserve the Town Centre site and keep the rents constant with Oak Woods
of Eagan.
After further discussion, therewas:consensus.byJ. City Council that HRA and City staff proceed
with an informational meeting to consider a seriivf:ffokiii�g prt�Ct*be Town Centre site.
Mark Ulfers explained the:ixccess for }7i3[ilic acquisition of tax forfeited property. He stated that the
HRA is hoping to gain clear title to the prop".in the near. future.
Q3ii�:i'3#f9 W ES'S:•:•
Mayor Egan stated that, along with the City •Administrator, they were invited to a retirement
birthday recognition for John Nasseff. He stated that he would like authorization from the City Council to proclaim
February 24 as John Nasseff Day and present Mr. Nasseff with a framed proclamation from the City of Eagan for all
the work he did in bringing West Publishing Corporation to the City. City Councilmembers agreed and provided
direction to Mayor Egan to proclaim February 24.:;as::;h11 Nasseff Day and extend the funds for a framed
proclamation.
City Councilmember Awadh:46ised concerns 'abort the proposed expenditure for the Economic
Development Partnership, stating that most of the annual expense goes to the executives salary. City
Councilmember Blomquist stated that she 4§Weciated the informatit� provided by City Councilmember Wachter on
the history of the Partnership and further t*jkne:will nat 9y?.:t? :to perform fundraising if that is still an objective
Page 2/Eagan Special City Council Meeting Minutes
February 18, 1997
of the Partnership. There was further discussion regarding whether the City of Eagan should continue as a member
of the Economic Development Partnership.
Mayor Egan stated that evilj(GItK frt'Gkprirtt is a supporter of the Partnership and he is of
the opinion that the City of Eagan should continue its membership. City Councilmember Wachter stated that he is
still uncertain whether the Partnership is a lie4fit to the City. Mayor Egan stated that the Partnership is not limited
to economic development, but also provl local corporations with education and training programs. City
Councilmember Blomquist stated that she is curious about the success of the Partnership during its first few years.
City Councilmember Masin stated that there has been some entrepreneurial teaching by the Partnership this past
year that has been a benefit to local corporations. She further stated that the City's Economic Development
Committee supports the Partnership, which is an important consideration to her. City Councilmember Blomquist
stated that she will agree to the Partnership. for 1997 and as a member of the Board, intends to scrutinize the cost
benefit very carefully.
Date
City Clerk
TLH
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
March 4, 1997
A special City Council meetirtgwes.hW.9R-Toe9da ,March 4, 1997, at 5:00 p.m. in the lunchroom
of the Eagan Municipal Center Building. t"erit:::w4j:e::hlli;ryc ; ;gA'n and City Councilmembers Blomquist and
Wachter; City Councilmember Masin arrived at appfoicirria'tely'13':2$ P.M. City Councilmember Awada was absent due
to the birth of her second child on Monday;lklarch 3. Also present were Director of Parks & Recreation Vraa,
Director of Finance VanOverbeke and City Ac ":jhistrator Hedges.
MIGHTY DUCKS GRANT CONSIDERATIONISECOND SHEET OF ICE
City Administrator Hedges provided a brief background summary on a request by the Eagan
Hockey Association to pursue a Mighty Ducks.grant in the amount of $250,000 to help finance the construction of a
second sheet of ice. He stated that the Hoc'liiy Associatipp provided a donation to the City in the amount of $7,500
to hire ACC Architects to prepare preliminary Iesigns fi r a second ice sheet. In the fail of 1996, the City Council
proceeded with a resolution to pursue the gra.
award. ::146* stated that in November of 1996, the City was notified of
a grant award in the amount of $125,000, which is half 4:'the amount requested. He stated that the question before
the City Council is whether the City should_regUe;;t,thedditional $125,000, if additional Mighty Ducks funding is
approved in this legislative session.
Mr. Bill Osbum, representing the Eagan Hockey Association, appeared and stated that there are
over 600 kids in the hockey program at this time. He stated that with the growing interest and recent success in the
girls' hockey program, the number of young girls entering the program is rapidly increasing.
Mayor Egan asked various questions about the financial data that was presented in memos by the
City Administrator and Director of Parks & Recreation..,.;Q-#W ::.of Parks & Recreation Vraa explained that
Springsted prepared the various scenarios that were..preq*ntict:r3s A; B, C and D. Director of Finance VanOverbeke
explained each of the four options. He provides the most capital. He also stated that
Scenarios A and B are funded internally aijrl.46-'not require:*:debt reserve. VanOverbeke further stated that the
main difference between A and B is a $100,00Q.:b0nd;jssuarice cost and the term varies from 20 to 25 years. He
further stated that the expected life for a capital'pitii :tiilim.cpnsidering a debt service schedule is generally 20
years.
Mayor Egan further asked if the second sheet of ice will cash flow. Director of Parks & Recreation
Vraa stated that the second facility will generate an estimated $126,000 in proceeds over the operating cost based
on current ice usage projections from the Eagan Hockey Association and from discussions with Eagan High School.
City Councilmember Wachter asked if the Eagan hockey program, with 600 youth as previously
stated, appears to have reached capacity or, the::�sturationRpipt. for interest in hockey. Mr. Osbum stated that
indications are that the City of Eagan's prograti}:hap�:mokcq#§,*4:* �1Rration and it is expected to continue growing in
the next few years. Mary Pontrelli, also repO...0ing tti�:E*gan 'I•iockey Association, stated that currently the Eagan
Hockey Association will not take the very ytjt&g skaters :because there is no ice availability. City Councilmember
Wachter asked if these kids are going outside the commVpity for ice. He further asked about the use of the buildings
in the summer. Mrs. Pontrelli stated that :. lhirre is cd"'Mderable ice time purchased by the Hockey Association
throughout the metro area, and as far as Fa8EY ult :Mihrjoe' ::.She:jurther stated that in Woodbury, the ice facility is
rented on weekends for lock -ins, which has.%)"tfor the facility. City Councilmember Wachter
asked about in-line skating and if that is a possible use for the civic arena. Director of Parks & Recreation Vraa
stated that in-line skating could be a use in the second facility. Mayor Egan stated that it appears any dry court use
in the winter will conflict with ice time. Director of Parks & Recreation Vraa stated that dry court will conflict with ice
during the months of February and March. Mayor Egan further stated that initially the City Council discussed an
eight week program for soccer in the spring. Diregtpr:mf FtrRs.B Recreation Vraa stated that the Soccer Association
has been approached; however, to date there:#4i::ti4t:" 66i r.i::At:-interest to provide the furnishings necessary for
conducting a program in the facility and the::aj3parent desire:-fgr::sAccer to begin in February, conflicting with ice
usage. City Councilmember Wachter stated i6at he would like :. ill -rounded programs in the facility and on the
condition that there are no public tax dollars required for construction: or operation of the facility, he could support the
second sheet of ice.
Page 2/Eagan Special City Council Meeting Minutes
March 4, 1997
Mayor Egan stated that it:115:.Jmportant to discuss possible barriers. He asked if a second rink
proposed at 85 feet instead of 100 feet wow14:tae a problem and further, are ice sheets becoming oversaturated in
other communities? Director of Parks & Recreation Vraa stated that the second sheet of ice does not need to be
Olympic size which is the dimension in the cnri�arer ;:;#le: Rr:x.Wed that the department is reviewing the status
of rink plans in neighboring communities and:feei5:#hct;Ai:disirkd::I;ojected by the Eagan Hockey Association will
provide numbers for prime time use of a second slieef of ice. ' 4r -"Ostium stated that the girls' program is expanding
and there should not be a problem with iee:tiifi e. Mayor Egan expressed his excitement with the success of the
Eagan High School Girls Hockey team and i' :recent conversations with Northwest Airlines and West Publishing for
their financial support in making the civic arena possible.
Director of Parks & Recreation Vraa stated that there is a softening of ice time in the "shoulder
season," the time between seasons and off-season when groups are shopping around for ice time. City
Councilmember Masin asked if there is much interest in men and women's adult leagues. Director of Parks &
Recreation Vraa stated it is happening, but :.arena is:.new enough that leagues are not as strong as they will be in
the future.
Mayor Egan asked specitie:***question's"::iibout who would lease the equipment for the building as
explained in the proposed financing plan.:J�jq;,¢shurn. Voted. that a ,vendor will lease the equipment. He further
stated, it would be more fiscally prudent if ttfirCiiy;laati>~ed:witfYQitj, :4 -'vendor to save the cost of a third party which
should be strongly considered by the City' Ciiii�lmiember Blomquist asked if there is legislation
supporting a sales tax savings as proposed in the financing plan. Director of Parks & Recreation Vraa stated that
this legislation did pass and the sales tax reduction will be a savings to the project.
City Administrator Hedges summarized the policy issue, stating that the City is seeking direction
on the issue of whether to seek additional funds from a proposed. -third round of Mighty Ducks grant money and
subsequent construction of a second ice sheet. Mayor EgR; askiti the City Council for direction. After further
deliberation and in a motion by City Councilmemher.:tilioopter; ::secbnded by City Councilmember Masin, with Mayor
Egan, City Councilmember Masin and City .QdLftifMb:rhtit,r Vtfaehter voting aye, and City Councilmember Blomquist
voting nay, direction was given to staff to prQceeQ with the Mighty Ducks funding request for the additional $125,000,
bringing the total grant award to $250,000 for the:jWonjo ice sheet.
Mr. Osbum, on behalf of several memb6rti::tf1!*d . pgan Hockey Association who were present at
the meeting, thanked the City Council for their support in proc"811i6:0head with the grant application.
OTHER BUSINESS
There being no further business, the meeting was adjourned into executive session at
approximately 6:10 p.m.
Date
City Clerk
TLH
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
....:Eagan, Minnesota
March 4, 1997
A regular meeting of the Eagan•:f;cit;arras: he4d;.on Tuesday, March 4, 1997 at 6:30 p.m.
at the Eagan Municipal Center. Preset[::vicl3(�.lill�Yir: :;and Councilmembers Wachter, Masin and
Blomquist. Absent was Councilmember Awada. Also present were City Administrator Tom Hedges, Senior
Planner Mike Ridley, Director of Public 5ks Tom Colbert, and City Attorney Jim Sheldon.
Mayor Egan announced that Councilmember Awada was absent because she gave birth to a baby
girl on Monday.
mom
City Administrator Hedges noWthat th0irt was a Special City Council meeting prior to this
evening's regular City Council meeting 4.."Oiscuss Mi"hty Ducks grant consideration for a second sheet of
ice. He also noted that an Executive Session was: i6ld following that meeting.
Councilmember Wachter moved; C -[ii �ieill a iberMR06 seconded a motion to adopt the agenda
as presented. Aye: 4 Nay: 0
i,••�.� .t: Ii. /��. i 7•:x:11/•i�I 'I.ili 11
Councilmember Blomquist moved, Mayor Egan sepwided a motion to approve the minutes as
presented. Aye: 4 Nay: 0
FIRE DEPARTMENT - SELECt10ft- bi ..'ARCkiITECT FOR FIRE ADMINISTRATION
BUILDI'NG'::-Pik....
City Administrator Hedges provided an overview on this item. Councilmember Wachter stated that
everyone involved in the interview process agreed with the selection of BKPV as the architectural firm for
the project.
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve BKPV
to provide architectural services for a nevus:8r ditnistrat; ? i iiiining and ambulance facility. Aye: 4 Nay:
0 ::....
In regard to Item A, Personnel If fSs::CQi:iricih6esil r:5lomquist stated she wanted to abstain from
voting on these items until further informatiof-t6g-'9ftl!hj: -personnel decisions is known. She mentioned
that review of the Parks and Recreation Department budget will be undertaken and she would like to see
what information that study produces before approving more personnel.
In regard to Item B, Project 707. Rec jugs iat�Qaldetermine financial obligations (Signal - TH 149
Lone Oak PW.). Director of Public Works lvs 1p r[tecdMmended the City Council approve Option D and
stated that representatives from the UMW.: tates Postai: 13rvice (USPS), were agreeable to the USPS
financing 100% of the cost of the sigWl
'system. CouriCilinembers agreed Option D was the most
acceptable option.
EAGAN CITY COUNCIL' MEETING MINUTES; MARCH 11, 1997
PAGE 2
In regard -to Item H, Amendmenfid assage Therapy Ordinance/approve resolution Mayor Egan
asked why the fee was stricken in the proposed ordinance amendment. City Attorney Sheldon stated that
the fee would be approved annually as Rtf'Q€ tti;tj?s:e;$Ghedule.
In regard to Item P, Project 713, f &P-4 a feasibility report/order public hearing (Denmark Ave Ct.,
Trail. Kolstad. Timbershore Lanes). Couii60nember Blomquist stated that she was concerned that only 13
people attended the informational meeting. She said she hopes residents do not feel discouraged or feel
as if they have no ability to change their assessment. She questioned if the informational meetings were
a waste of time because of the low turnout. Director of Public Works Colbert indicated that 260 notices
were sent out and usually there is about 40% turnout. Councilmember Wachter said that was the first
meeting with low turnout and he sugg"ted waiting to see what the turnout is at the next couple of
informational meetings before deciding if;trjey shoLM:be eliminated.
A. Personnel Items (Councilmember Bioiquist abstained on voting on the Personnel Items.)
Item 1. It was recommended to approve � h0::k nh6:.6f.:dkii3i#d:: �snson as Assistant Manager for the Civic
Arena. :.......
Item 2. It was recommended to approve the hiring of Jessica Shefchik as a temporary part-time Recycling
Intern.
Item 3. It was recommended to approve the hiring of Dpr,.s. na-Fuhrman as a part-time Dispatcher in
the Police Department.
Item 4. It was recommended to approvi=:tl e:'hiHng of Aims nda Helebrant as a part-time seasonal Skating
Aide at the Civic Arena.
Item 5. It was recommended to approve the hiring o'Jtihfl Fi`i as a Forestry/Park Maintenance Worker.
B. Project 707. Receive petition/determine financial obligations (Signal - TH 149 & Lone Oak Pkwy) It
was recommended to receive a petition from the United States Postal Service (USPS) for signalization of
TH 149 at Lone Oak Parkway and determine the appropriate financial obligation (Option D) in preparation
the feasibility report and development contract agreement.
C. Contract 95-04. Approve change
Change Order #3 to Contract 95-04
to execute all related documents.
D. Vacate Drainage and utility easermeht...rscei4,_i,:'t
Eagandale Center Ind. Park #9). It wa0.10 �ittitin'OdE
drainage and utility easement over Lots 1 & 2, Block 1,
a public hearing to be held on April 1, 1997.
E.
AAdd,:*�:UtiI es). It was recommended to approve
- Utilities) and authorize the Mayor and City Clerk
a petition to vacate a common lot line
Center Industrial Park #9, and schedule
agreement for access to Sherman Court across >ry: p ,ertv, It was recommended to approve a Final
Planned Development to allow a three stpr4-'.' of t'flii -&-.'acres (proposed Lot 1, Block 1, Norwest 3rd
Addition) I
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 3
F. Recommendation Economic Develotirrtent Commission representative to the Eaaan Convention and
Visitors Bureau Board. It was recommO00.4d to appoint Mark Reimer to be the Economic Development
Commission representative to the Convention and. Visitor's Bureau Board of Directors and appoint Ron
Voracek as the alternate member.
G. Proclamation. Proclaiming March R: 1997 as Volunteers of America week It was recommended
to proclaim March 2 - 9, 1997 as Volunteiets of America Week,
H. Amendment to Massage Therapy Ordinance/approve resolution It was recommended to approve a
resolution amending massage therapy ordinance to provide for administrative review of applications by the
Police Chief.
I. Release Temporary street easement.`,Qntex Ve"lion Add It was recommended to approve a release
and termination of temporary tum -around street::'66sement within the Centex Vermillion Addition and
authorize the Mayor and City Clerk to 666cute all Feted documents.
J. Contract 95-04. Approve final payme6j:~ 092 i { _[} j ies� It was recommended to approve the
5th and final payment for Contract 95=
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 4
R. Vacate Drainage & utility easements.:Uoive petition/order public hearing (Eagandale Center Industrial
Park #4). It was recommended to receiv�;a:petition to vacate drainage and utility easements as described
within Eagandale Center Industrial Park #4 and schedule a public hearing to be held on April 1, 1997.
S. Vacate Drainage & utility easementg`::666&6:'W!Si ti966k public hearing (Outlet A. Eagan t��
Center 2nd Add.). It was recommended;EQ:.receive a petition to vacate drainage and utility easements over
Outlot A, Eagan Metro Center 2nd Addition; and schedule a public hearing to be held on April 1, 1997.
T. Vacate Drainage & utility easements. receive petition/order public hearing of 1. Block 1 Eagan
Promenade 2nd Add.). It was recommended to receive a petition to vacate drainage and utility easements
as described within Lot 1, Block 1, Eagan Promenade 2nd Addition, and schedule a public hearing to be
held on April 1, 1997.
U. Resolution Supporting exemption of: fcii aI transai ation i provements from state noise standards. It
was recommended to approve a resoluticit'::supportiiig the exemption of local transportation improvements
from State noise standards and authorize the. MaX... and City Clerk to execute all related documents.
Councilmember Wachter moved, 'C6*0 `tr66t4ef-Matfti:seconded a motion to approve the consent
agenda, Aye: 4 Nay: 0
EARL DOHLING CONDEMNATION SETTLEMENT
City Attorney Sheldon stated that the Earl Dohli, condemnation action that was pending was
resolved and a settlement was reached in the amoor :Pf: , k�1 07.
Councilmember Blomquist moves;.:Cbuncilmemt or Wachter seconded a motion to approve the
settlement for Earl Dohling in the amount of 412,007. Aye: 4 Nay: 0
PUBLIC ACCESS V&UNVfER AWARDS
City Administrator Hedges said that the Burnsville/Eagan Telecommunications Commission will be
hosting the Public Access Appreciation Awards Banquet. He further said they would like to invite the Mayor
and City Council to attend and would like one of them to present the awards. Mayor Egan stated that he
would be attending.
PARKS & RECRE'EQ,Iiib'' PAP,.... BUDGET REVIEW
Councilmember Blomquist referenced the gUmmary provided by Finance Director VanOverbeke in
response to questions raised about the:iftck register at the February 18 City Council meeting, She said
that it was acceptable to pay for the foc)fl:expandixes as. long as the Council has agreed to review the
Parks and Recreation budget. She suggest ? it igg:1�6;i bdget quarterly in order to track expenses.
Councilmember Blomquist moved, Councilmember Wachter seconded a motion approve the
quarterly review of the Parks and Recreation Department budget.
Councilmember Masin stated that sinysr:;0-M6hft.,budget is provided for the City Council's review
it would not be necessary for staff to corrrplet*:a:-qu6ft- rly. review and suggested that Councilmember
Blomquist add the three monthly budge%:,* t other to achie+ze the same result.
A vote was taken on the motion.::::�4ye: 3 Nay: 1 (Councilmember Masin opposed)
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 5
VACATE DRAINAGE & UTILITY 15"EMEN loOT- I -, BLOCK 2, SUNCLIFF STH ADD.
City Administrator Hedges provided'aini ov I n is item. Director of Public Works Colbert
gave a staff report. Mayor Egan opene4:--*i-h*e public hearing to anyone wishing to speak. There being no
one wishing to speak, Mayor Egan tum6d:.Ihe discussion -back to the Council. Councilmember Wachter
asked why a home was allowed to be constructed on an underlying easement. Colbert explained how this
occurred. Councilmember Wachter suggested that staff should determine if there are other similar
situations in the Suncliff development.
Councilmember Wachter moved;: -:0
ouncilmember Blomquist seconded a motion to direct staff to
research all similar situations within the'svihcliff deV*616pment. Aye: 4 Nay: 0
Councilmember Wachter moved,:,:Counci1M6rnber Masin seconded a motion to close the public
hearing and approve the vacation of drm..ipa :A;!"m-ents as described over Lot 17, Block 2,
.9b. y
k1b execute all related documents. Aye: 4
SunCliff 5th Addition and authorize the or::Or0:* i.it.::C;
y
Nay: 0
VACATE DRAINAGE & UTILITY EASEMENTS, LOTS I & 2, BLOCK 3,
EAGANDALE CORPORATE CENTER
City Administrator Hedges provided an item. Director of Public Works Colbert
gave a staff report. Mayor Egan openedone wishing to speak. There being no
. 9 to any
"
one wishing to speak, Mayor Egan turn Ot s -iack to the Council.
Councilmember Blomquist moved'*ZW6ftember Masin seconded a motion to close the public
hearing and approve the vacation of a drainage and*fAlljt*.*:0aWrent as described and authorize the Mayor
and City Clerk to execute all related documents. Aye: 0
PROJECT 718, DEERWOOD RESERVOIR (TRUNK WATERMAIN)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report. He noted that Leo Myrphy had requested his letter of objection, submitted under
Pr 'ect 682, be re-entered into the record.% "'iihis rpj
01 P
Associates, Inc., discussed the details of Project
Mark Hanson, of Bonestroo, Rojiieve, And4j40
718 including, the proposed assessments.and the prqjpct costs. Councilmember Wachter raised questions
regarding assessments to various pardolli of proofty. Colbert provided clarification. Councilmember
Blomquist asked if Mr. Murphy's requeh'st.*.,j�t.-�iiii� Oht.:WlgrraI would need to be acknowledged since
she had heard his property may be s o 1 C-1&i:iiiaiil I d.: 1. W. .: M....r. Murphy wants to keep his options open
in the event that the sale of his property does not occur. Mayor Egan opened the public hearing to anyone
wishing to speak. There being no one wishing to speak, Mayor Egan turned the discussion back to the
Council.
Councilmember Wachter moved, Q04AW0).&ribw%Masin seconded a motion to close the public
hearing and approve Project 718, Deerwed =:TzirlC
Watermain. Aye: 4 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 6
REPORT BY EAGAN LIONS CLU4.RlE GARDJN.0 FOURTH OF JULY CELEBRATION
City Administrator Hedges provided'an overview is item. He discussed the obstacles the
Lion's Club has encountered in trying to;leigate a central site for all the Fourth of July events.
Jerry Marko, representing the Lion's Club, stated their organization has been part of the July 4th
celebration for 25 years and the past two years they have experienced problems because there has not
been a suitable location for all the events to be held in one area. He said that it is expensive for their club
to pay the cost of the fireworks without the revenue that the other events help generate. He also said that
it is too late in the year to plan a parade:#or July. Re stated that they would like to work with the City for
the remainder of this year to find a suite locatior'Oor next year's July 4th celebration.
Mayor Egan commended the Li6h's Club W::the time and effort they have put forth to make the
celebration possible and successful in the::past..:.::tie::atated. tbe..Council is committed to working with the
Lion's Club to find a suitable location. Mtt::M0rko:':Cq. m0* icteri: i n Carlon and the Eagan Convention and
Visitors Bureau for helping with the events. Mayor Egan suggested the possibility of closing Cedarvale
Boulevard or holding the events at the Promenade.
Councilmember Masin asked if it would be possible, even though it is late in the year, to coordinate
a parade by contacting local people to participate and using the:same route as last year. Mr. Marko stated
that the parade costs between $4,000 and $5,000 ands• h0l , *.Wld have no suitable location to hold their
functions to raise the necessary money. C4Ikieriier Masin suggested asking the community to
participate in the cost of the July 4th celepraSbJi`,:-TVIr. Wrko stated that the merchants in the Cedarvale
area were very helpful in accommodating''tTie, July 4th events. He added that it would be difficult to get a
carnival at this late date. He also added that:Pedple. were unhappy with the fireworks last year because
they could see them but not hear them from the Ceda"IVA e: 'area
Councilmember Wachter said there is no logical place in Eagan to hold the fireworks because so
much of the land is developed. Mayor Egan and Councilmember Masin suggested optional locations.
Discussion continued regarding the logistics. Police Chief Geagan said that the problem with holding the
fireworks at a certain location is that there needs to be approximately 3,000 parking spots to accommodate
all the people and moving large groups of people in and out of the area creates problems too. He also said
that since the City purchases the fireworks-ft:e; liab a fgr:p �.jWoblems that occur as a result.
X.
Pat Thomas, owner of Eagan 17 it I, presei�t�d petitions with over 200 signatures of people who
want to keep the July 4th celebration in Eagan. She, said this has been a tradition and a suitable location
should be found in the City. She menti6rift that tt *i ia, is a possibility of obtaining a carnival for this year.
Councilmember Blomquist stated-:0ht'tl' —CftV:sltibi ld::iYbt fund the fireworks by using property tax
dollars. She said that the money needs to be collected from other sources. She suggested new
organizations should get involved with the July 4th events. Mr. Marko explained that his organization gives
back to the community, but since there is no central location for all the events their funding mechanism is
lost.
John Willenburg, member of theA(Alghts of:-bi"bus, commented that this is more than a
celebration. He said it also serves as::e:f�ndraiser for grs to earn money and then give away to
worthwhile organizations. He provided examples of what their.drganization does with the money they earn.
He felt that taxpayers' money is being wo:epent to put on thii;vv ent. City Administrator Hedges explained
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 7
that the City pays about $8,000 in overtiri for police, fire, and other City personnel to help staff the events.
Mr. Willenburg stated that the July 4th ci0i6pration needs to have fireworks. Mayor Egan concurred with
him and added that the budget spent today. for fireworks is in line with the budget from five years ago
because today there is a relatively larges::piidget ti.W.J5 lc wifh; ::He said the City should provide money to
help contribute to the cost of the fireworks.,-**4 #ere wi3s l`i i Fier'discussion regarding a possible location for
the events.
Joan Thomas, a resident of Eagan; stated that the community organizations need to be supported
and feels the public would support continuing the July 4th events.
Ann Carlon, Eagan Convention and Visitors Bureau, noted that the citizens want to see something
for July 4th. She said that a portion of thb:,five percent of the total lodging tax reimbursed to the City could
be used to fund the fireworks. She furthi�r:;atated th the amount given to the City is between $15,000 and
$18,000 and requested the City Councif:0ir'ovide *i 6tion on funding and finding a suitable location.
Mr. Marko stated the Lion's Club.wpuld.,b6.bappy to. be involved with the celebration if a location
is found.
City Administrator Hedges stated that the City did approve $10,000 for fireworks in the 1997 budget
and City personnel would be participating in the same capacity as last year unless directed otherwise by
the City Council. He said if the Lion's Club does not carry the event a determination needs to be made
as to who will coordinate and carry the event. He asked if.the Council wanted to provide direction.
Councilmember Blomquist reiterated that it is not appropNate:.6� vse taxpayers' money to fund the fireworks,
but funding from the lodging tax would be appr>?prjate ::::ledges noted that money from the lodging tax
could be used.
Mayor Egan stated that a location I*(- Li :events'.has been sought for a long time. Councilmember
Wachter added that if the Promenade site is c oseq4t.wboid.,be necessary to check with the FAA because
of the proximity to the flight pattern. Councilmember 61o6Ws& Mentioned locating the carnival and vendors
at Vince Kennedy's property. She suggested fundraising efF6 be undertaken to seek contributions from
the community.
The City Council reaffirmed its commitment to fund the fireworks and provide other support for a
celebration if the community is able to locate a site and coordinate the event.
CONTRACT 97-0, RECEIV15 BIDS/AWARD CONTRACT
(DEERWOOD:.RIESERY#Iti - TRUNK WATERMAIN)
City Administrator Hedges providdd-':9 i-ovei ii6W::6h::fhis item. Director of Public Works Colbert
gave a staff report. He suggested the Council include Alternate No. 1 in the award of contract.
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to receive the bids
for Contract 97-05 (Deerwood Reservoir - Trunk.Yllatermain) and award the contract, including Alternate
No. 1, to Widmer, Inc. and authorize the Methl::itji: Clerk to execute all related documents. Aye: 4
Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 8
REZONING &:yARIANCE - OAK HILLS CHURCH
City Administrator Hedges provided an overview on this item. He said a letter was submitted by
a resident requesting a continuance of ttriS:ttii:2rflQw#ie:iighbors to hold a neighborhood meeting.
Mayor Egan asked the City Council if ittiuence should be granted. Councilmember
Blomquist stated that there has been wflicient time for the neighbors to meet. City Councilmembers
indicated they had not been contacted bt.any other residents regarding this issue. They agreed there was
no reason to continue the item. It was determined that with regard to the 60 day timeframe the Council
needed to take action at tonight's meeting. Senior Planner Ridley gave a staff report.
Paul Page, landscape architect representing Oak Hills Church, stated that the site plan has been
adjusted and they have addressed the wpoems of the neighborhood. He further stated that significant
landscaping has been added to maintain,:�::buffer bk&een the church and the neighbors.
Rob Wood, 3470 Coachman Roao; read 4fetter outlining his and his wife's concems. He noted
that the church has made a good faith effort to. incorporate changes to address the neighbors' concerns.
He said that he and his wife are concerri4:i %i€M:-Ii%' nciea #traffic and the traffic flow, the bright lighting
of the parking lot, noise, the appearancebriiiding; tFie'I'oss of the wetland area and the view of the
pond and the ultimate affect it will have on the resale of their home. He felt the properly should be
developed as park land. He questioned the change in the zoning of the property. Mayor Egan clarified
that the zoning is different than the Comprehensive Guide Plan designation.
A resident of 2502 Coachman Road questioned..Whel6w Yankee Doodle Road would be widened
and if the setback would be sufficient to accommp.datn tti :iividening if the variance is granted. She also
stated that she is concerned with the size.•of:#ie::Gtstrrch'Abd volume of traffic. She said the DNR has not
been contacted regarding the wetland. ;gfit' added that::rhe was also concerned that the building will be
used more than two days a week.
Art Malmquist, 3494 Coachman Road, a-64d::J.or:Jurther clarification on the zoning and
%Comprehensive Guide Plan designations. He also had concerns regarding the size of the parking lot and
building, gas pipeline, tree loss and significant lighting. Mr. Page addressed the concerns.
Councilmember Masin asked if the DNR was concerned about the easements near the pond.
Senior Planner 'Ridley stated that the proposed development will not encroach on the DNR's easement and
there will be no impact on the DNR wetland...:.QpwpiimemberWasin asked if there would be sufficient right-
of-way available if Yankee Doodle Road �M:Wideined :::R}
liii#l"*"':stated that the church will dedicate 50 feet
of right-of-way and the County would not:heed to itdiRre any additional right-of-way.
Councilmember Wachter moved;::6ilayor Egon seconded a motion to approve a rezoning of 7.09
acres from A (Agricultural) to PF (Pubtj ::Facilitieg):.04..proper.y currently platted as Outlot A, Hampton
Heights located at the southeast cornu; Qpat#t;:it`iad and Coachman Road in the NE 1/4 of
Section 16. Aye: 4 Nay: 0
Councilmember Masin said that the residents could approach the owners of the ,property to see if
they would be interested in developing it for park purposes. Mayor Egan noted that the taxpayers spoke
against public funds being expended for add.Jtiw9l:.... end during the last park bond referendum.
Councilmember Wachter moved,,:,* -0tincilmern er". M"In seconded a motion to approve a Variance
to allow a 10 foot parking lot setback ori -'property currently �ted as Outlot A, Hampton Heights located
at the southeast comer of Yankee Doodle:Road and Coachnw Road in the NE 1/4 of Section 16 subject
to the following condition:
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 9
1. Additional landscape pltErgings shall be provided along the north edge of the parking lot
to provide solid screenird:::
Aye: 4 Nay: 0
PLANNED DEVELOPMENT.::AMENDMENT - DERRICK INVESTMENT NO. 91
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff
report.
Roger Derrick, of Derrick Investments, explained the rationale for requesting the removal of the 55
and over age restriction for ownership.:::t3e stated that the current five home buyers of this development
have agreed to support removing the a6i4strictio�i ;: He further stated that if they wait six months to make
this request it may be more difficult as fh d: numbei :vf home buyers increases. He said that if any one of
the home buyers opposes the change tl� .. would;N. unable to remove the age restriction.
Councilmember Blomquist raised:iri :i?isp�eti by a resident of the City that the units not
be used as rental property. She asked if 'aff arliiti*Y`iumlier'tbuld be designated for the age restriction.
Mr. Derrick said that covenants are in place that prevent any homeowner from renting the units.
Councilmember Masin added that she was not ready to remove the age restriction and feels it should be
given more time. Councilmember Wachter concurred adding that sales may increase after the winter.
Mayor Egan mentioned that it is costing the
made a good faith effort to try and sell the unitsJq;:
have encountered resistance in the market:..wid:.Wah
Jim Osland, 2997 Pilot Knob Road,::i
request. Councilmember Blomquist noted tK
as the units are not used as rental property.
pi::money to carry this project and they have
i91'9''55 and over. Mr. Derrick stated that they
and reach a wider audience.
the original intent was not being met with this
gable with removing the age restriction as long
Councilmember Blomquist moved approval of a Planned Development Amendment to remove the
age restriction. Her motion did not carry for lack of a second. Councilmember Wachter said that the
applicant should try and sell the units for at least a year to the targeted age group. Mayor Egan concurred.
Councilmember Wachter moved,. QdorIvilmemkeF:Masin seconded a motion to deny a Planned
Development Amendment to remove the.8 testffCtiort: witlents of Timberwood Village, located at the
southwest comer of Lone Oak Road a iifi; ilot Kri if~i: Road in the NE 114 of Section 9. Aye: 3 Nay: 1
(Councilmember Blomquist opposed) . . .
Councilmember Blomquist askes#'iit•...... �01t0ntwnuld :be precluded from coming in for a year and
requesting the removal of the age testi'i ttitt€:?�:' .". ' that the applicant would not have to wait a
year before making another request.
CONDITIONAL USE PERMIT & VARIANCE - SYNERGY CONSTRUCTION
City Administrator Hedges provided, ;an::dve,W I6w•.Qn this item. Senior Planner Ridley gave a staff
report. Councilmember Wachter asked wktt#hiplicaitnted nine foot parking stalls instead of ten foot
stalls. Chuck Youngquist, applicant, stafeclthat the ni4f6&stalls fit in the area better since most of the
parking will be for office staff and there:iiiill_ be limited tumove's.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 10
Councilmember Wachter move1-':Councilmember Blomquist seconded a motion to approve a
Conditional Use Permit for outdoor storage:pf partially finished and finished product and vehicles consisting
of utility vehicles, vans, pick-up trucks, and flat bed trucks, associated with a proposed metal fabricating
operation for property located at 2280 Sibfeji i itc f� qt':2i: Jt::�, S & W industrial Acres) in the southwest
114 of Section 19 subject to the following•i 6d*'itibH&,.:.:.:.:'::::.:.:.:.:.:.-:••
General Conditions
This Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval and proof of its recording provided to the City.
Parking
2. Parking stall width of nh**..�eet is 000roved as shown on the Site Plan dated January 29,
1997.
3. The developer shall entet:'li##;; f?avoi:t;paikr Agreement with the City.
Grading/Storm Drainage
4. The developer shall be responsible for obtaining all necessary regulatory agency permits
to drain storm water runoff into MnDOT right-of-way.
Water Quality/Wetlands
5. The pond necessary to txiief 'flood peau flow and volume control shall be excavated
according to the City's detention:ppnd design standards to provide some wet pond volume
and pretreatment of storm rrler of acceptable design to the City shall be
installed on the outlet.
I ree rreservatlon
6, The developer shall install ten conifers, minimum six foot height with balled and burlapped
root condition, as mitigation for tree removal in excess of allowable limits.
7. Tree Protective Measures;{x;0,40 6:t po#y6i:.41j ezie laminate safety netting) shall be installed
at the Drip Line or at tii::fierimete>*:iif'the Critical Root Zone, whichever is greater, of
significant treestwoodland§ to be preserved.
Parks and Trails
8. Parks and trails dedication shall be fulflled'th6ugh a cash dedication.
Aye: 4 Nay: 0
Councilmember Wachter moved, Maytx;:EtIvai seconded a motion to approve a variance to allow
the height of the outdoor storage materials::#o::ilksi td::#** .height of the storage area enclosure. Aye: 4
Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 11
CONDITIONAL USE PgRiWITS AND VARIANCE - HOOVESTOL, INC.
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff
report. Wayne Hoovestol stated that th s being addressed in the Trucking Study
that is being conducted now.
Councilmember Blomquist mo Councilmember Wachter seconded a motion to approve a
Conditional Use Permit to allow outdoor storage of 50 trucks and/or trailers on Lot 4, Block 2, Eagandale
Corporate Center in the SE 1/4 of Section 11 subject to the following conditions:
I The exterior building materials shall conform to the City's Exterior Architectural Design
Standards.
2. The developer shall revjs.JO the st6:ffh drainage plan to provide catch basin spacing and
storm sewer pipe in :R=rdanqe:::with the City standard of one catch basin and
accompanying storm seLwer.pe.r.e.v6ry 1.2 acres of drainage area.
3. The developer shall instalfi`t'i r--e----lVdMn---f -�iW -ffi'e.' northeast comer of the proposed building
to provide proper hydrant spacing for fire protection to the entire building.
4. All runoff from the site shall be directed to Pond EP -2.1 in accordance with the approved
grading and utility plan for the Eagandale Corporate Center.
5. Mitigation for filling of the jurisdictionif: . within this parcel shall be carried out as per
the wetland mitigation plp0:-4p
pr.oV6Eagandale Corporate Center. Replacement of
the wetland as per this plan must occur j....or to or concurrent with the filling of the wetland.
6. The developer shall submit a* pliciiin.et pligbting plan indicating light levels at the property
perimeter prior to issuance of a building:
4 Nay: 0
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve a
Conditional Use Permit to allow sales/leasing and service of trucks and trailers on Lot 4, Block 2,
Eagandale Corporate Center in the SE 1/4.-0.f:caption 1A. u '
:s...10 t to the following conditions:
1. All repairs of vehicles Mum occur.0166 building.
2. Sales and service is ont
VAllowed W..5vehicles owned or leased by the property owner. No
retail sales or service i
Aye: 4 Nay: 0
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a
Variance to Section 11. 10, Subd. 29. C. 1 to allow outdoor storage without an enclosure on Lot 4, Block 2,
Eagandale Corporate Center in the SE 1/4 Aye: 4 Nay: 0
PRELIMINARY PLANNEE)'.-'&VELOPME*f4:T.'-*-.. OMESTEAD VILLAGE, INC.
City Administrator Hedges proAded an overview on this item. Senior Planner Ridley gave a staff
report. Paul Crabtree, representing Hoin p.0 yill.a
gp,.:JMX'0'rified the roof color of the hotel. He stated
XX
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 12
that they are requesting the City Council approve 136 units instead of 133 units since they do not need a
third stairwell. He further stated that witft:.1he addition of three units, an additional four parking stalls will
be required. He noted that the plan for the detached trash area did not show a five foot wide attached
storage enclosure. He requested that thi::::CQirtC8;>rorti3�dr ;oval of the enclosure.
Councilmember Masin asked if:O* hotel should have parking stalls wider than nine feet. Mr.
Crabtree stated that nationwide the stans��i for parking stalls is nine feet and they feel that ten foot stalls
would eliminate considerable landscape area.
Mayor Egan asked what type of market the hotel would be reaching. Mr. Crabtree answered that
they are marketing the hotel to a growing community with high-tech industries that attract professionals for
extended stays. Mayor Egan commenl*d that he felt the parking stall width would be sufficient to
accommodate travelers who would be pti'st`iarily staying for longer lengths of time.
Councilmember Wachter moved,*;": CounccA iember Masin seconded a motion to approve a
Preliminary Planned Development to construct.a.three story. 136 -unit extended stay hotel on 3.96 acres at
the southeast corner of 1-35E and Lone }akF l oW,op. property:j4urrently platted as Lots 1 and 2, Block 1,
Eagandale Center Industrial Park No. 9,4 1/4 of Section 10 subject to the following
conditions:
General Conditions
1. This Preliminary Planned Development;.appes a three-story, 136 -unit extended stay
hotel.
2. The term of the Planned:: fi evelopment shall be five years.
3. A Preliminary Planned Devel'opmiri i:: A re Ghent shall be executed which includes the
following preliminary plans:
* Site Plan
• Signage Plan
• Landscape Plan
• Grading Plan
* Utility Plan
* Site Lighting Plan
4. The property shall be replatted as e'Vngle lot.
Signage
5. One pylon sign and one monument sign are approved with this Planned Development in
locations indicated on the Site Plan dated January 15, 1997, last revised January 29, 1997.
6. All signage shall satisfy City Sign Code requirements, including those for height, size and
setbacks.
7. A detached trash enclo"p."":ls approved. ':
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 13
Parking
8. Parking stalls shall be no less than nine, feet wide and there shall be a minimum of 153
parking stalls provided.
Landscaping
9. The landscape plan shall be revised to provide additional spacing, more growth room for
plant materials, and more snow storage space. The revisions and final landscape plan
shall be subject to City staff review and approval.
10. To minimize the possib4iljr of future disease transmission (oak wilt) through grafted root
systems, Red Oaks al**-.'1nterstaWt)rive shall be planted no closer to each other than 50
feet and shall be altemcl with dtki*r tree species.
11. Proper soil preparation shall;be.•pgdormed prior to the installation of the eight Sugar Maple
north of the proposed pakii±i: ftif:ttr:a:{ttrr:jo�ous maple cultivator or a different species
should be considered for'this'a'red
12. All plant materials shall satisfy minimum size requirements specified in the City's landscape
ordinance.
Grading/Storm Drainage
13. Outflow from Pond DP-3,:;slill 4eestsi ted to one cubic foot per second as identified in
the City Storm Water Maif44ement Plar:so as not to overburden the existing storm sewer
system.
Wetlands/Water Quality
14. Water quality mitigation obligations shall be met through on-site ponding. The pond design
shall be modified such that the depth of the pond is no less than three feet. A skimmer
of acceptable design to the City shall be installed on the outlet.
Utilities
15. To eliminate disturban4* %of the::16fie Oak Road street section, the developer shall
construct all required hydrants from -the existing stubbed water service at Denmark Avenue.
Access/Street Design
16. The developer shall remove the southerly existing driveway apron onto Denmark Avenue.
17. A six-foot concrete walk built in accordance with City engineering and park standards shall
be provided along the entire length of the development adjacent to Denmark Avenue.
Easements/Rjghts of Way/Permits:
18. Prior to issuance of a 1301ding permit, the developer shall be responsible for obtaining all
necessary regulatory gooncy permits such :from Dakota County and from MnDOT for
grading within the pubk..*:hqht, of W y .:.:::.:.:.:.::: :::::
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 14
Airoort Noise
19. Architectural designs and . ponstri4ption , methods for buildings constructed within the
development shall incorp>lire;iirtdatErritati standards sufficient to achieve an interior
sound level of 45 dBA.
Parks and Recreation
20. The developer shall be responsible for parks and trails dedication as recommended by the
Advisory Parks and Natural Resources Commission.
Aye: 4 Nay: 0
Mayor Egan noted that the National. League. of Citiesi Annual Congressional Conference will be held
this weekend. He stated that at the N. ;S :;it ee in01heY4ilj be discussing the upcoming symposium
to be held in Eagan this July. Councilme''I bee Blomquistmeh'tloned that the City Council should limit the
number of conferences attended and designate certain members to attend specific conferences.
Councilmember Wachter stated that many of the conferences have heavy agendas and Councilmembers
usually split up and attend different sessions. Mayor Egan said that the decisions regarding what
conferences to attend need to be made by each individual Councilmember,
Councilmember Wachter questioned 'the bill for:ft weather data. He asked what the service is
used for and if the same information could•:pe4cpessed'via the Internet thus eliminating the cost for the
service.
Councilmember Masin mentioned that she attended the Youth Summit a couple of weeks ago. She
also mentioned that she attended another meeting regarding youth today and a meeting has been
scheduled for April. She said various high schools will be invited to participate to brainstorm for ideas
regarding a teen center and after that another meeting will be scheduled inviting adults to attend to discuss
a teen center.
Mayor Egan commended thefor their performance and he also
mentioned the celebration that was held;: it them;.4;puncilmember Masin also noted that the Burnsville
Midget hockey team will be participating. in_ the state' rials.
Councilmember Blomquist combi0r{00:•t!?e $Oif:aad.jhe youth involved with the Encore Group.
She questioned why the MVTA did not:laam—a:#isidget:P . d. Councilmember Masin stated that the
reason the budget was not approved was because the funding first needs to be approved by the cities.
She said the budget figures were turned into the Metropolitan Council and the reason for the delay is
because now the cities will be collecting the levy and giving .it to the MVTA, City Administrator Hedges was
directed to include the budget information in the Informative Memo.
Councilmember Wachter commer*W' ,: 'VhN&s ..:,pf Minnesota Men's Basketball team on their
Big Ten Championship title.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 11, 1997
PAGE 15
Councilmember Wachter moved: Mayor Egan seconded a motion to approve the check register
dated February 27, 1997 in the amount 5 Nay: 0
The meeting adjourned at 10:151*p-.'M.
Date
City Clerk
MLK
If you need these minutes in an a1temaW*6::*'- :' 46e ss'fat 6 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 that all persons have equal access to its programs, services,
activities, facilities and employment without regard to.rac&;.*:-'do1or, creed, religion, national origin, sex,
disability, age, sexual orientation, marital status. or.- 0 'regard to public assistance.
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 14,1997
SUBJECT: AGENDA INFORMATION MEMO FOR THE MARCH 18,1997
EAGAN CITY COUNCIL MEETING
ADOPT AGENDA/APPROVE MINUTES
After approval of the March 18, 1997 City Council agenda and the regular City Council meeting
minutes for the March 4 regular Council meeting and special minutes from the February 18 and
March 4 meetings (the special City Council minutes for the February 25 meeting will included in
the Additional Information packet on Monday), the following items are in order for
consideration.
DEPARTMENT HEAD BUSINESS
POLICE AND FIRE DEPARTMENTS:
A. DIRECTION REGARDING FOURTH OF JULY FIREWORKS DISPLAY
ACTION TO BE CONSIDERED:
To provide direction to staff regarding the Fourth of July fireworks display.
FACTS:
The Fourth of July fireworks display was discussed by the Council at the March 4, 1997 City
Council meeting. At that time, the Council asked for more information regarding past Fourth of
July celebrations and regarding expenses incurred by the City for the fireworks display and other
support services the City had provided. Since that meeting, staff has researched the expenses and
various options, both past and present. There are at least three different scenarios possible for the
1997 Fourth of July celebration, including various options for the extent of the activities and
even a possible substitute for the traditional fireworks themselves. The City Administrator has
summarized the above information in a memo to the City Council. The City Administrator is
asking, on behalf of the Police and Fire Chiefs, for Council direction regarding proceeding with
support for the 1997 celebration and City purchase of traditional fireworks or an alternative.
ATTACHMENTS:
+ Enclosed on pages through (-:?, is a copy of a memo from City Administrator Hedges
describing various scenarios for the Fourth of July fireworks display/celebration.
f�
city of eagan
TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 14, 1997
SUBJECT: FOURTH OF JULY
MENTO
At the March 4, 1997 Eagan City Council meeting, the City Council reaffirmed its
commitment to fund the fireworks and provide other support for a Fourth of July celebration
if the community is able to locate a site and coordinate the event. The Council also
requested information regarding past expenses incurred by the City for the fireworks
display and other support services the City has provided for the event. Attached to this
memo, please find a memo from Finance Director VanOverbeke regarding the 5%
administrative fee from the Convention and Visitors Bureau and the cost for the Fourth of
July event.
Since the March 4 meeting, Chief of Police Geagan, Fire Chief Jensen, Director of Parks
and Recreation Vraa, Assistant to the City Administrator Duffy, Communications/Recycling
Coordinator Foote, and I have been investigating various locations and scenarios for the
1997 Fourth of July event. Ann Carlon of the Convention and Visitors Bureau has also
been involved. Police and Fire are looking for direction regarding how the Council wishes
to proceed.
We have come to the conclusion that there are three main scenarios for Council
consideration, actually, four, if one scenario is to not hold the event at all.
Scenario #1 - Traditional Event
The first scenario would be the more traditional Fourth of July event at one location to
include a parade, a three to four day carnival, beer tent, other booths sponsored by City
organizations for fund raising purposes, street dance and the kind of fireworks display done
in previous years. After investigating locations, the Police and Fire Chiefs cannot
recommend the Rahn Park location for fireworks and the Police Chief is unable to
recommend the Cedarvale area for fireworks, both from safety and parking concerns. Both
chiefs do recommend the Sky Hill Park/Blue Cross site which has been used the past two
!W5
years for the fireworks display. Attached please find a memo from Chief of Police Geagan
regarding the Cedarvale and Sky Hill Park/Blue Cross sites.
Staff contacted Blue Cross/Blue Shield and they would be willing to let the City use their
parking lot for a Fourth of July event at Sky Hill Park as long as the beer tent and carnival
were on City property. If the Council concurs, the City would provide the fireworks display
as in the past two years and support services such as police for the other events. There
is $10,000 in the 1997 budget for fireworks and $700 for satellites. Research shows that
it costs approximately $1,000 a minute for a good fireworks display. Therefore, the Council
would need to give staff direction to have just a ten minute display, to increase the amount
of time between each firework (which probably would disappoint the spectators) or to
increase the budget. Also, the $700 for the satellites was only for one day. So, it there is
a three or four day event, that amount would need to be increased. In addition, in the past,
we have spent approximately $9,000 for overtime for police, parks maintenance and street
maintenance personnel.
The Convention and Visitors Bureau and community would be responsible for all other
parts of the celebration, whatever they are able to set up. If there is a parade, it could run
from Blackhawk Plaza at Blackhawk and DifFley Roads, north on Blackhawk, ending at Sky
Hill Park. If there is a carnival, it could arrive on Wednesday, then set up and have its
electrical inspection on Thursday and open that evening (July 3). It would need to leave
Sunday, July 6, to facilitate City clean up. If there is a street dance, it could be held on
Saturday evening. Any booths that Ann Carlon or the community can set up could open
Thursday night and run to Sunday afternoon, if desired. It is possible that whatever group
runs the beer tent, if any, could make a contribution from their profits to offset some of the
City's expenses. In the past, the Lions Club did pay for the majority of the fireworks.
The one concern with this scenario is that the event would take place in a location that has
not previously had a three to four day celebration event. The City would have to notify the
neighborhood concerning what the impact would be.
Scenario #2 - Lower Fireworks Show
Ann Carlon was at a trade show where she saw a display for a lower, more of a ground
display, of fireworks synchronized to music. (She originally used the term "laser" show
when describing this to us; but, after checking with the company, we found out that no
laser lights were involved, but real fireworks of a kind that are used in Camp Snoopy or
arena presentations.) She has suggested that this could be an alternative for the
traditional combination of high and ground fireworks display. The cost is $5,000 for a four
to five minute display and then $500 to $1000 a minute after that.
Because the lower show would not have the safety constraints of high fireworks, it might
possibly be held at other locations than Sky Hill Park. However, if it was not held at Sky
Hill Park, there would still be adequate parking concerns. The ground show would
substitute for the traditional fireworks display and would be done in conjunction with the
5
other traditional Fourth of July events as listed in Scenario #1.
Scenario #3 - Only Traditional FirewQrk` s ar Ground Fireworks Show
A third scenario would be to hold just a traditional fireworks display or ground fireworks
show on the Fourth of July and limit any special events, booths, "taste of Eagan" or other
activities to the one day only or not have any other events.
Conclusion
The City Administrator, on behalf of the Police and Fire Chiefs, is seeking direction from
the City Council regarding whether the City should proceed with planning either of the
fireworks shows, the extent of the show and the location. If the Council does direct that
we proceed with some sort of show, it is the understanding of staff that we are not to plan
any events other than the show and support services we have provided in the past
(satellites, police and maintenance personnel); and that, if there are other events, they are
the responsibility of the community and the Convention and Visitors Bureau.
Additional "Attachment"
City Councilmember Wachter requested that an article regarding the City of Ely's fireworks
display in The Ely Echo of March 10, 1997 be copied to the Council. 'However, we were
unable to make a legible copy of the article. Therefore, instead of being attached to this
memo, the text of the article is as follows (Councilmember Wachter's highlight areas in the
original article are underlined here):
"New `blast point' needed for fireworks
"Expansion in the Ely Business Park has forced the City of Ely to
look for a new staging and launching location for its July 4 fireworks display.
"The present spot near Miner's Lake is no longer viable, because
of a federal regulation that says no structures can be located within 900 feet
of the 'blast point.' The new Irresistible Ink facility falls within that radius.
"Brian Sherwood, who coordinated the fireworks display a year ago,
appeared before the city council Tuesday in search of assistance in getting
a new site.
"'July fourth is coming around the corner,' said council member
mark Zupec. 'Let's not wait until July third to do something abut this.'
"Sherwood suggested developing an alternate site north of Eighth
Avenue East, on the south side of Miner's Lake. Some site improvements,
namely a road for emergency equipment standby, would be needed.
"'We have to do something to get a new location,' said Sherwood.
'We need to find out if the city owns it, and then find out what permits are
needed.'
"The matter was referred to the city's Planning Commission for
further input.
"The proposed site could be in conflict with federal regulations
should lots on the east end of the 'Business Park ever be developed, and
11
Mayor Ed Steklasa said he hooed the ciriy could fine a permanent site for
setting off the fireworks.
"'When we relocate, hopefully it's the last time we relocate,' said
Steklasa.
"Fire Chief Gary Klun said last week that fundraising efforts are
continuing for this year's fireworks display. The Ely Volunteer Fire
Department coordinates fundraising; about $1Q.000 must be raised each
year."
That was the end of the portion of the article regarding fireworks. City Councilmember
Wachter did highlight one other area regarding the Council Meeting"
"Heard that the League f Minnesota Cities Insurance Trust won't
reimburse the citV for any of the more than $16,000 in legal fees
accumulated in the Pierce case."
If any member of the City Council wishes further information regarding the Fourth of July
prior to the meeting next Tuesday, please contact me or Assistant to the City Administrator
Duffy.
• ti
City Administrator
Attachments
5
city of eagan
TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE
DATE: March 12, 1997
MEMO
SUBJECT: 5% ADMINISTRATIVE FEE FROM CONVENTION & VISITORS
BUREAU & COST FOR 4TH OF JULY EVENT
In response to your memo to me dated March 6, 1997, I am providing this information.
First, The City does not receive the 5% administrative fee from the Convention &
Visitors Bureau. The City collects the hotel/motel lodging tax and forwards 95% to the
Convention & Visitors Bureau. The 5% has never belonged to the Bureau and should not
be considered a payment from them. The 5% the City retains is for administration of the
program including collection, processing and record keeping. Since related costs are all
recorded in the General Fund, this money is deposited there as one of many revenue
sources in the General Fund and carries no formal, specific designation. This is
consistent with nearly all General Fund revenues which are co -mingled and allocated to
various expenditure appropriations through the budgeting process. While the dollar
amount of the administrative fee is not large ($17,600 in the 1997 budget), it is not
appropriate to make after -the -fact designations unless other revenue sources are identified
to allow for what is, in effect, an increase to expenditures. In the case of the fireworks,
$10,000 is already included in the 1997 expenditure appropriations without a designated
funding source.
Secondly, the City has not made an effort to record all 4`h of July celebration costs as a
specific program. For that reason, it is somewhat difficult to determine the full cost of
the event to the City. I have attached a copy of your memo to the City Council dated
January 12, 1996, in which the following estimated costs are noted:
Fireworks $10,000
Police Personnel Overtime 5,000
Street Dept Personnel Overtime & Materials 1,500
Park Dept Personnel Overtime & Portable Satellites 3,300
Total $19,800
Depending on how one wanted to look at equipment rental/cost, administrative overhead,
etc., the estimate could fluctuate widely.
Please let me know if you would like any additional information or if you would like to
discuss any of this material.
Finan irector/City Clerk
Attachment
EJV/vmd
city of eagan
TO: HONORABLE MAYOR S CITY COUNCILMEM,BERS '
FROM: CITY ADMINISTRATOR HEDGES
DATE: JANUARY 12,1996
SUBJECT: FOURTH OF JULY CELEBRATION
MEMO
For the past twenty-five years or so, a Fourth of July Celebration has been held in the City
of Eagan. Through the years, the event has evolved into a parade, food booths and a beer
tent, turtle races, a carnival, one or more street dances and fireworks. Because of the
involvement of the carnival, the event has usually lasted at least four days or more.
In the seventies, the parade ended at and fireworks were held at Cedar Pond Park. As the
City grew, the celebration outgrew this site and was moved to Rahn Elementary School
and Park. During the seventies and early eighties, members of the Volunteer Fire
Department and members of the Lions and Lionesses organized, sponsored and put on
the events. The Fire Department ceased their involvement several years ago.
During the summer of 1995, construction was planned for Rahn School. The school
informed the 'Lions Club that they would be unable to use the Rahn location for the Fourth
of July Celebration. After unsuccessfully attempting to find a location which could support
a parade, a camival, food and beer tents and fireworks, the Lions voted not to hold the
Fourth of July Celebration during 1995.
Residents of Eagan were very concerned that there would be no fireworks and began
contacting City Councilmembers. Petitions were submitted asking that the City sponsor
the fireworks. The City Council appropriated approximately $10,000 to pay for the
fireworks and the event was held at Skyhill Park and the Blue Cross/Blue Shield grounds
off of Highway 13. In addition, the fireworks event cost the City approximately $5,000 in
overtime for police personnel, approximately $1,500 for overtime and materials for the
streets division and approximately $3,300 for overtime and portable satellites for the parks
department.
Representatives of the Lions and Lionesses, other interested residents, members of the
City staff and _Ann Carlon have been meeting to consider a 1996 Fourth of July
Celebration. During these meetings, a number of concerns have emerged. The foremost
of these is the fact that the Rahn location can no longer be used for fireworks because of
the residential growth of the area and regulations regarding the safe discharge of fireworks.
Therefore, a number of alternatives are being considered.
1. Continue the event as historically presented wherein the parade goes from
one location to the location where the carnival, the tents, a street dance and
fireworks will be held.
a. The event would be held in its entirety as it had historically evolved.
b. Profits from the beer tent and carnival would help to pay for the fireworks.
a. A single location would have to be found where all events could be held.
Because of the growth of residential areas in the City, this is almost
impossible without finding a compromise from the desirable requirements.
It also might be difficult to find a location where residents would be receptive
to the events being held over a number of days in their, neighborhood. There
were concerns that residents would not want this event in their
neighborhood. There were also concerns about personal and property
liability issues.
b. In past years, events and personnel at the carnival itself have generated a
serious number of calls from residents to the police department.
2. Limit the celebration to the actual Fourth of July only, eliminate the carnival
and hold the other events at different locations within the City.
a. The fireworks worked well at the Blue Cross/Blue Shield location last year.
In fact, it is probably the best location in the City at which to hold them.
(However, the other events could not be held there.)
b. The problems associated with the carnival would be eliminated.
9
C. The parade could be held either using the original Rahn Road/Rahn School
route, using that route going from Rahn School to Cedarvale, or a new
alternate route such as from Town Centre to the Civic Arena parking lot. If
desired, food booths, turtle races, and events for children could be held at
the end of the parade location, after the parade and until the fireworks.
a. The events have previously been in one location.
b. There would not be any profits from the carnival and limited profits from a
beer tent (if one is used) to pay for the expense of the fireworks.
3. Some combination of the above.
(Suggestions have also been made to totally eliminate any Fourth of July celebration in the
City of Eagan and to substitute a new City celebration such as a "Lone Oak Days" which
would be held on a weekend following Labor Day and/or establishing such an event in
addition to the Fourth of July Celebration and then using the profits from it to pay for
fireworks for the next year's Fourth of July.)
Although there are many smaller issues which will need to be determined, the main
decision at present seems to be between (a.) holding all events which were previously
included in the Fourth of July Celebration at a single location, and (b.) modifying the
celebration to include a parade, possibly food booths, turtle races, events for children, and
fireworks on one day at two or more locations.
If alternative (a.) were chosen, a single location would have to be found in the City at which
to hold the events taking into consideration a safe parade route, adequate and appropriate
land on which to put a carnival and booths, a safe location to set off the fireworks,
adequate and safe parking, and the receptiveness of the residents in the new
neighborhood location.
If alternative (b.) were chosen, a new funding source would have to be found to pay for the
fireworks, more than likely through the City budget as was done last year.
Chief of Police Geagan, Operations Captain Swanson, Director of Parks and Recreation
Vraa, Recreation Superintendent Peterson, Assistant to the City Administrator Duffy, and
Communications Coordinator Foote met with Ann Carlon on Thursday, January 11, to
discuss the above options and to thoroughly investigate all possible locations. They are
requesting that the City Council support the following recommendations which would be
I C)
made to the Fourth of July Committee as a whole at a meeting which will be held on
Thursday, January 18:
I. The fireworks would be sponsored and paid for by the City of Eagan and
would be held as they were in 1995 at the Skyhill Park - Blue Cross/Blue
Shield location. In terms of safety, parking, traffic patterns, sight lines, and lack of
neighborhood disturbance, this is by far the best location in the City of Eagan.
Some money has been allotted in the 1896 budget for this event. However, at least
$3,000 in additional funding would need to be allocated. The fireworks display
would actyally take place on the Fourth of July.
2. The parade also would take place on the Fourth of July during the morning.
The Lions Club would organize this event as they have In the past with
support from the City coming in the form of setting up barricades and traffic
control. The route of the parade would be from the Rahn School area to
Cedarvale. The residents of the City are used to having the parade there and
access to this route from parking and population centers is better than any other.
It is also probably the safest route.
3. If members of the Lions/Lionesses and/or other resident members of the
Fourth of July Committee wish to have food booths, a beer tent, turtle races,
entertainment for children (and/or even a carnival), the Cedarvale area
appears to be the best location. The organization of these events would be
done by the residents with the aid of Ann Carlon. These activities could take
place only on the Fourth of July or for a limited number of days, depending on
how the members choose to organize and fund the activities. There are also
additional entertainment and food opportunities in the area which could tie in with
the Fourth of July theme.
The above recommendations are made for the above reasons, but also because they
would appear to be most positive for a majority of the residents in Eagan. The most
popular events, the parade and fireworks would be held. The extent of other activities
would depend on the efforts of the residents themselves. There would be no new
disruptions in new neighborhoods, there would be no need to hold neighborhood meetings
or public hearings to determine if residents wanted the events in their neighborhood.
Safety, parking, traffic and accessibility are the best at the above locations. The staff
would also recommend that changes = be made every year. That future Fourth of July
events be held at consistent locations to build community support and ease of organization
and execution.
This Item will be discussed at the Special City Council meeting on January 16. Chief of
Police an and Director of Parks & Recreation Vraa will be present.
-Aa -
City Administrator --- —
DATE: March 12, 1997
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: PAT GEAGAN, CHIEF OF POLICE
SUBJECT: FOURTH OF JULY
During last year's Fourth of July, there were approximately 1,000 cars
parked in the Cedarvale area for the fireworks that were shot off at Sky Hill
Park. This includes the cars parked along both sides of old and new
Highway 13. We had an additional 1,500 cars parked in the Blue Cross
area. If the fireworks are held in the Cedarvale area under the best case
scenario, we estimate that we are short 1,500 parking places.
Estimating on the conservative side three people per car, we will be placing
an additional 4,500 people in the Cedarvale area. 1 don't know where that
many people would view the fireworks.
From a safety standpoint, I am unable to recommend the Cedarvale
Shopping Area for the fireworks. We can accommodate them at Blue Cross
if Blue Cross agrees to let the City use their parking area.
Available Parking
Cedarvale Mall
250
Blue Cross 730
Highlanders
125
ComSery 860
Old First Bank
50
R & L Johnson 290
Cedarvale Bowl
170
Vince Kennedy 250
Splatball
100
695
2,130
Agenda Information Memo
March 18, 1997 Eagan City Council Meeting
PRESENTATION - METRO EAST DEVELOPMENT PARTNERSHIP
ACTION TO BE CONSIDERED:
There is no action required on this agenda item. Mr. Piggott's presentation is informative.
FACTS:
David Piggott, Executive Director of the Metro East Development Partnership, is making an
effort to appear before each of the cities that are members of the Metro East Development
Partnership and provide a five to ten minute update on the partnership.
ATTACHMENTS:
Enclosed without page number is a copy of the Metro East Development Partnership 1996
Annual Report for City Council review.
I 3
Agenda Information Memo
March 18, 1997 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed
from the Consent Agenda and placed under Old or New Business unless the discussion required is
brief.
A. PERSONNEL ITEMS
Item 1. Salary Schedule/Summer Concession Workers --
ACTION TO BE CONSIDERED:
To adjust the entry level salary for a student concession worker to $4.75 per hour and, if still
employed on September 1, 1997, raise that amount to $5.15 per hour to comply with the new
minimum wage regulations.
FACTS:
The United States Congress adjusted the minimum wage to a rate of $4.75 effective October 1,
1996 and to $5.15 per hour effective September 1, 1997. The City's current approved entry pay
rate for student concession workers is $4.45 per hour. Therefore, it is necessary to adjust that
amount.
Item 2. Seasonal Parks Maintenance Workers—
ACTION TO BE CONSIDERED:
To approve the hiring of Brian Banaszewski as a seasonal Park Maintenance Worker and Ryan
Rausch as a seasonal Ballfield Attendant/Parks Maintenance worker.
Item 3. Resignation/Part-time Building Maintenance Worker --
ACTION TO BE CONSIDERED:
To accept the resignation of Mark Ploof from his position as a part-time Building Maintenance
Worker.
Agenda Information Memo
March 18, 1997 Eagan City Council Meeting
Item 4. Part-time Building Maintenance Worker—
ACTION TO BE CONSIDERED:
To approve the hiring of Gregory Mann as a part-time Building Maintenance Worker, subject to
successful completion of the City's physical examination requirements.
Agenda Information Memo
March 4, 1997 Eagan City Council Meeting
CONSENT AGENDA
13 "111WA" ul_OWN
"033 01 u Ill Uzi
ACTION TO BE CONSIDERED:
To approve the Public Safety Dispatch Agreement - City of Rosemount.
FACTS:
The Cities of Eagan and Rosemount entered into a contractual agreement in December
of 1992 for Eagan to provide public safety dispatching services to Rosemount beginning
during 1993 with the actual implementation date being March 1.
The compensation has been as follows:
Agreement Term
1993 and 1994
1995
1996
1997 Proposed
1993 $2.50 per capita
1994 $2.75 per capita
$3.22 per capita
$41,143
$42,400
The other terms of the agreement have remained consistent over the years.
I �
Agenda Information Memo
March 18, 1997 Eagan City Council Meeting
C. APPROVE AMENDMENT TO THE ICMA DEFERRED
COMPENSATION PLAN
ACTION TO BE CONSIDERED:
To approve the amendment to the ICMA Deferred Compensation Plan.
FACTS:
« Section 457 of the Internal Revenue Code, which controls deferred compensation
plans, was substantially modified by Congress in 1996. The following is a
summarized listing of these changes:
1. 457 assets held in trust - The assets will be held in trust thereby protected and
used exclusively to pay benefits to plan participants and.'or beneficiaries. A
trust does not need to be established until January 1, 1999. (However, until
the trust is established, assets will remain unprotected.) Minnesota is one of a
few states where legislative action is required prior to the change being
implemented. The necessary changes are being proposed by the Minnesota
State Retirement System. The action being recommended will put the trust in
place once the necessary State amendments are completed.
2. Loans allowable under 457 plans - Due to potential problems and significant
administrative obligations. the staff is recommending that loans not be
allowed in Eagan's plan. The resolution is completed in that way.
3. Indexed maximum contributions - This -will ultimately allow- participants the
opportunity to contribute more money to their 457 accounts. The annual
maximum contribution, now at $7,500, will be indexed to increase in $500
increments based on changes in the Consumer Price Index. The first change
will not come until 1998 or later.
4. 457 distribution date change - This provision allows a one-time forward
change to beginning payment date elections.
5. Small balance account distributions - This provision allows one-time
employer or employee initiated distributions of 457 accounts with balances of
$3,500 or less that have been inactive for at least two years.
ATTACHMENTS: l
« Resolution on page `q
ATTACHMENT D: SUGGESTED RESOLUTION B
FOR A LEGISLATIVE BODY RELATING TO AMENDING A DEFERRED COMPENSATION PLAN
IN A STATE OR LOCALITY REQUIRING LEGISLATIVE ACTION
PRIOR TO ESTABLISHING A TRUST FOR A SECTION 457 PLAN
Name of Employer: City of Eagan State. MN [3310111 gF1
Employer Plan Number
Resolution of the above named Employer ("Employer")
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the Employer has established a deferred compensation plan for such employees that serves the interest of the
Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in
its personnel management system, and by assisting in the attraction and retention of competent personnel; and
WHEREAS, the Employer has determined that the continuance of the deferred compensation plan will serve these
objectives; and
WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of, and
allow enhancements of the benefits of, the deferred compensation plan:
NOW THEREFORE BE IT RESOLVED that the Employer hereby amends and restates the deferred compensation plan (the
"Plan") in the form of: (Select one)
J' The ICMA Retirement Corporation Deferred Compensation Plan and Trust.
❑ The Plan and Trust provided by the Employer (executed copy attached hereto),
BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee, for the
exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose.
The Employer's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further
exclusive benefit of the Plan participants and their beneficiaries. Nothwithstanding the foregoing, all Plan provisions
creating a Trust to hold all the assets of the Plan for the exclusive benefit of Participants and Beneficiaries shall become
effective once the appropriate body makes the necessary amendments permitting the establishment and maintenance of
such a Trust;
BE IT FURTHER RESOLVED that the Plan: (Select one)
CI Will permit loans [Note: Loans may not be permitted until a Trust is established to hold all the assets of
the Plan for the exclusive benefit of Participants and Beneficiaries.]
�) Will not permit loans
BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan.
I, E _ .T _ Van0yerheka . Clerk of the (City-C-mmg,-etc. of Eagan do hereby
certify that the foregoing resolution, proposed by (Council Member,:P%mee; e .+ , was duly
passed and adopted in the (Council,-Seard; eEc-.) of the (City, C-ettnty, ete.) of Eagan at a regular meeting thereof
assembled this 18th day of March , 19 97 , by the following vote:
AYES:
NAYS:
ABSENT:
(Seal)
Clerk of the (City, Eewnfr,—e".
Mail in the enclosed postage -paid envelope or to:
ICMA Retirement Corporation • Attention: Implementation Analyst
777 North Capitol Street NE • Washington, DC 20002-4240
1q
Agenda Information Memo
March 18, 1997 Eagan Cita Council Meeting
D. PROCLAMATION, BURNSVILLEXAGAN PUBLIC
ACCESS VOLUNTEER APPRECIATION DAY
ACTION TO BE CONSIDERED:
To proclaim Friday. March 21, 1997 as Burnsville'Eagan Public Access Volunteer Appreciation
Day.
FACTS:
As a part of the specialized volunteer activities associated with production of local access cable
programming. the cities of Burnsville and Eagan, their joint commission and Meredith Cable
have sponsored a volunteer appreciation day on an annual basis. This year's event is scheduled
for Friday. March 21 and a proclamation in its regard has been prepared.
ATTACHMENTS:
Proclamation on page.
1I
CITY OF EAGAN
PROCLAMATION
BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY
MARCH 21,1997
WHEREAS, from January 1, 1996 to December 31, 1996, approximately 269
citizens volunteered over ten thousand hours of their time and energy to provide public access
programming to the communities of Burnsville and Eagan, resulting in 733 hours of original public
access programming and 565 new productions; and
WHEREAS, these public access programs provide the opportunity for the citizens
of Burnsville and Eagan to view programs for and about their communities, which otherwise would
not be provided; and
WHEREAS, the Burnsville/Eagan public access volunteer producers and their
crews have established TV 15, Burnsville/Eagan Access Television, as a premier public access
channel with having received over 20 state and national awards; and
WHEREAS, these volunteers receive no compensation for their time, energy and
production skills, other than the occasional thank you by appreciative viewers and citizens; and
WHEREAS, the Burnsville/Eagan Cable Communications Commission, in
cooperation with Meredith Cable and their Bumsville/Eagan local access staff, have decided to
demonstrate their appreciation by honoring all the 1996 public access volunteers, with the
Burnsville/Eagan Public Access Volunteer Appreciation Event on March 21, 1997.
NOW, THEREFORE LET IT BE RESOLVED, that I, Tom Egan, Mayor of the
City of Eagan, do hereby proclaim Thursday, March 21, 1997 as
BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY
IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal
of the City of Eagan to be affixed this 18th day of March in the year of our Lord One thousand nine
hundred and ninety-seven.
CITY OF EAGAN
Motion made by: CITY COUNCIL
Seconded by: By:
Its Mayor
Those in favor:
Attest:
Those against: Its Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota do
hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18th day
of March, 1997.
E.J. VanOverbeke, City Clerk
City of Eagan
QO
Agenda Information Memo
March 4, 1997 Eagan City Council Meeting
E. APPOINTMENT SOLID WASTE ABATEMENT COMMISSION
BUSINESS REPRESENTATIVE
ACTION TO BE CONSIDERED:
To appoint John Tapper of Gopher Resources to fill the business representative vacancy on the
Solid Waste Abatement Commission and to appoint Susan Bast, the current commission
alternate, to fill the remainder of Mr. Tapper's resident representative position.
FACTS:
John Tapper, a current member of the Solid Waste Abatement Commission has recently moved
from Eagan to the city of Rosemount. Mr. Tapper's business Gopher Resources. is located in
Eagan and Mr. Tapper wishes to continue as a participant on the commission. As a yacancv
currently exists, it would be appropriate for Mr. Tapper to be appointed in that capacity.
• It is customary when a vacancy occurs to consider appointment of the commission alternate.
currently Susan Bast, to that position. If the Council makes both of these appointments. any
new applications received as a consequence of the newspaper and newsletter ads could be
considered for the alternate position.
ATTACHMENTS:
• Staff memorandum on page
---- city of eagan
TO.
- JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR
FROM:
JOANNA FOOTE, COMMUNICATION/RECYCLING COORDINATOR
DATE:
March 3,1997
SUBJECT:
APPOINTMENTS TO THE SOLID WASTE ABATEMENT COMMISSION
As you know, the Solid Waste Abatement Commission is short one business
representative to round out the Commission membership. A notice has been placed in the
local newspapers as well as n the March Chamber Newsletter. However, John Tapper, a
current resident member of the Solid Waste Abatement Commission has recently moved
out of Eagan into Rosemount. Mr. Tapper wishes to remain a member of the
Commission and has requested that his membership status be changed from resident to
business. Since his business, Gopher Resources, is located here in Eagan, this would be
an acceptable shift if the Council will approve it. This would create a resident member
opening which the new alternate member, Susan Bast could fill, based on Council
approval.
If we receive applications for the posted business representative position, the Council
could then appoint an individual as an alternate. Please advise me on how to proceed
with this matter.
ommunicationf ecycling Coordinator
C2 LL-
Agenda Information Memo
March 18, 1997
F. PROJECT 707, TH 149 & LONE OAK PARKWAY - SIGNAL
ACTION TO BE CONSIDERED: To receive the feasibility report for Project 707 (TH 149 &
Lone Oak Parkway - Signal) and order a public hearing to be held on April 15, 1997.
FACTS:
• On March 4, the City Council received a petition from the United States Postal Service
(USPS) requesting the City Council to install signalization at the intersection of TH 149 and
Lone Oak Parkway.
• The Council received this petition and directed the preparation of a feasibility report defining
the scope, schedule and financing of this public improvement. This report has now been
completed and is being presented to the City Council for their consideration of scheduling a
public hearing to formally present details of this project to all affected'interested property
owners and general public.
• The installation of this signal improvement will fulfill Condition #6 of the preliminary
subdivision approval for the development of the United States Postal Service
Information,`Accounting Service Center.
• On March 4, the City Council directed the feasibility report to be prepared identifying all
costs associated with this signal as being the responsibility of the USPS.
G. PROJECT 712 SURREY HEIGHTS - STREETLIGHTS
ACTION TO BE CONSIDERED: To receive the feasibility report for Project 712 (Surrey
Heights - Streetlights) and schedule a public hearing to be held on April 15. 1997.
FACTS:
On December 4, 1996, the City Council received a petition from several property owners
within the Surrey Heights townhome development requesting the installation of streetlights
along Surrey Heights Drive. The Council received this petition and directed the staff to
prepare a feasibility report detailing the scope, schedule and financing of this proposed public
improvement.
This feasibility report has been completed and is being presented to the City Council for their
consideration of scheduling a public hearing to formally present the details of this
improvement to all affected/interested property owners andior general public.
An informational neighborhood meeting has been scheduled for 7:00 p.m., March 17. The
results of that meeting will be presented to the Council at the time of the public hearing.
ATTACHMENTS:
• Draft feasibility report, enclosed without page number.
a3
Agenda Information Memo
March 18, 1997
H. MUNICIPAL STATE AID RESOLUTION
ACTION TO BE CONSIDERED: To approve a resolution requesting an advance of the 1998
Municipal State Aid construction account and authorize the Mayor and City Clerk to execute said
resolution.
FACTS:
a
The revenue generated from the gasoline tax is allocated to the State, counties and cities on a
62/29/9 percentage formula. From this Municipal State Aid fund, the City of Eagan receives
approximately $1.3 million per year for construction of Municipal State Aid streets.
Recent rule changes allow cities to request an advance from the following year's MSAS
construction account to finance State Aid projects that may exceed a particular year's
allocation.
By passing the enclosed resolution, the City will have the opportunity to receive these
additional funds allowing us to finance the bulge of MSAS projects that have occurred in
1995-97.
The Directors of Finance and Public Works support this request for favorable Council action.
'TACHMENTS:
Resolution, page '? 1'.
a 4
RESOLUTION #97
REQUEST FOR ADVANCE ENCUMBRANCE OF STATE AID FUNDS
TO CITY REGULAR ACCOUNT
WHEREAS, the City of Eagan is planning on implementing Municipal State Aid Street
projects in 1997 which will require State Aid funds in excess of those available in the current
State Aid construction account; and,
WHEREAS, the City is prepared to proceed with the construction of said projects
through the use of advanced encumbrances from the general State Aid construction account to
supplement the available funds in their State Aid construction account; and,
WHEREAS, repayment of the funds so advanced will be made in accordance with the
provisions of Minnesota Statutes l 62.14, Subd. 6, and Minnesota Rules, Chapter 8820.
N0 -*3', THEREFORE, BE IT RESOLVED, that the Commissioner of Transportation is
hereby requested to approve this advance for financing approved Minnesota State Aid Street
projects of the City of Eagan in an amount up to $1,012,790 in accordance with Minnesota Rules
8820.1500, Subparagraph 9, and to authorize repayments from the following year's accruals to
the construction account of the Municipal State Aid Street Fund for said City.
CITY OF EAGAN
CITY COUNCIL
By:
Attest:
CERTIFICATION
1, E.J. Van0verbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify
that the foregoing resolution as duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18' day of
March, 1997.
E.J. VanOverbeke, City Clerk
as
Agenda Information Memo
March 18, 1997
I. DAKOTA COUNTY SPACING GUIDELINE VARIANCE - LEXINGTON COMMERCE CTR
1 CTION TO BE CONSIDERED: To approve a resolution requesting a variance to the Dakota
:ounty Spacing Guidelines for County Road 26 (Lone Oak Road) for the Lexington Commerce
enter and authorize the Mayor and City Clerk to execute said resolution.
ACTS:
The City of Eagan has received a request from the Opus Corporation to support their request
for a Variance from the Dakota County Spacing Guidelines to allow a right-in/right-out
access from Lone Oak Road (County Road 26) for a proposed office warehouse
development, Lexington Commerce Center.
City staff has received an application for a rezoning and subdivision approval which has not
yet been processed through the Advisory Planning Commission or City Council. A proposed
development would be a permitted use and if the Rahn property Rezoning were approved, it
would be properly zoned to accommodate this type of development. On January 27, the
County Plat Commission would not recommend approval for this proposed development to
retain its existing driveway access to Lone Oak Road.
The Dakota County Highway staff believes that a singular restrictive right-inhight-out access
to Lexington Avenue would be adequate to serve this property. City staff believes that the
elimination of access from Lone Oak Road will result in unsafe traffic movement and
congestion on Lexington Avenue by forcing eastbound industrial traffic to turn south onto
Lexington Avenue and perform a U-turn at the Clubview Drive intersection rather than being
able to make a nonconflicting right turn into the site from Lone Oak Road. With the planned
extension of the Denmark Avenue frontage road to Clubview Drive, the intersection of
Clubview Drive with Lexington Avenue will have increasing turning movements to access
35E conflicting with this left-tum./U-turn movement preferred by Dakota County. Full access
to the proposed site from the Clubview Drive intersection cannot be obtained from the
adjacent property owner to the south (Max Steininger) without the Lone Oak Road access.
The Physical Development Committee of the Dakota County Board of Commissioners would
have to approve a variance to the Dakota County Spacing Guidelines to grant the Lone Oak
Road access. They will not consider such a request from a developer unless the local
municipality supports it.
ATTACHMENTS:
Letter of request, page.
• Existing conditions graphic, page
• Proposed development overlay, page
• Detail site plan, page ,
• Resolution, page
• County Plat Commission action, page.
N--
OPUS.
March 5, 1997
Opus Northwest, LLC. REC@VEo MAR 7 lM7
700 Opus Center
9.000 Bren Road East
Minnetonka, Minnesota 55343.9600
612.936.4600
Mr. Tom Colbert
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55112
Dear Tom:
Mailing Address
P.O. Box 59110
Minneapolis, Minnesota 55459-0110
Fax 612.936.4529
Opus Corporation requests the support of the City of Eagan in our request for a variance
from Dakota County spacing requirements for curb cuts along county roads. As you are
aware, we have proposed an office -warehouse development on the Opus Corporation and
Rahn property in the southeast quadrant of Lone Oak Road and Lexington Avenue. The
Dakota County Plat Commission has expressed their disapproval of our three proposed
drivewav locations. It is our strong desire, based on traffic flow considerations, to obtain
the right-in/right-out only access at the easterly border of the Opus Corporation property to
provide inbound access for trucks only. In return for this curb cut. Opus is willing to give
up the already approved curb cut which we received as part of our condemnation
negotiations in 1995.
Without this access point, we feel the Opus property has limited useability for industrial
development and seriously jeopardizes our proposed project. We feel this solution
facilitates traffic flow through the Lone Oak/Lexington intersection.
We would appreciate the consideration of this request by the City Council at their earliest
convenience.
Sincerely,
Michele Foster
Senior Director
Real Estate Development
OMY
Opus Northwest, L L.0 is an affiliate of the Opus group of companies—Architec
Chicago. Columbus. Dallas, Denver, Ft. Lauderdale, Milwaukee, Minneapolis, Orlacramento, San Francisco, Seattle, Tamoa, Washington D.C.
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RESOLUTION #97
REQUEST FOR VARIANCE TO DAKOTA COUNTY SPACING GUIDELINES
COUNTY ROAD 26 (LONE OAK RD)
LEXINGTON COMMERCE CENTER
Whereas, the Opus Corporation has submitted an application for the development of the
Lexington Commerce Center located in the southeast quadrant of County Road 26 (Lone Oak
Road) and County Road 43 (Lexington Avenue); and,
Whereas, this proposed development is located adjacent to two County roads and is
subject to the Dakota County contiguous plat ordinance; and,
Whereas, the Dakota County Plat Commission on January 27, 1997, did not recommend
approval of this proposed development based on the County's Access Spacing Guidelines not
being met; and,
Whereas, the applicant desires to request a variance from said County spacing
guidelines; and,
Whereas, Dakota County requires support form the local municipality before
consideration will be given to a spacing guideline variance; and,
Whereas, the City of Eagan believes that the negative impact to the Lexington Avenue
(County Road 43) an&or Yankee Doodle Road (County Road 28) corridor will be adversely
affected to a greater extent without the requested variance than would Lone Oak Road (County
Road 26) if the variance were granted as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Eagan,
Dakota County, hereby formally requests the Dakota County Board of Commissioners togr ant
approval to the requested variance to the access spacing guidelines for Lone Oak Road (County
Road 26) as requested by Opus Corporation for the proposed Lexington Commerce Center.
CITY OF EAGAN
CITY COUNCIL
By:
Attest:
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify
that the foregoing resolution as duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18th day of
March, 1997.
E.J. VanOverbeke, City Clerk
3�
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/4k'+� .KO I,� T � COUNT�l
/ GARY H. STEVENSON, R L.S.
January 27, 1997
City of Eagan
3830 Pilot Knob Road
Eagan. MN 55122
SURVEY & LAND INFORMATION DEPARTMENT
ATT, Marilyn Wucherpfennig, Planning Department
RE: LEXINGTON COMMERCE CENTER
Dear Ms. Wucherpfennig:
The Dakota County Plat Commission met or. January 27, 1997, to consider the preliminary plat of LEXINGTON
COMMERCE CENTER. Said plat is adjacent to CSAH 26 and Co. Rd. 43 and is. therefore, subject to the Dakota
County Contiguous Plat Ordinance.
The County's right of way guidelines require 75 feet of half right of way. The County's Access Spacing guidelines
do not permit individual commercial driveways on either County highway. None of the three proposed driveways of
this development meet the County's guidelines. The Plat Commission recommends that the City provide public I
street access to this proposed development from an extension of Clubview Drive to the east of Co. Rd. 43. The Platp
Commission does not recommend approval of this plat.
The Ordinance requires submittal of the final plat before a recommendation is made to the County Board
No work shall commence in the County right of way until a permit is obtained from the County Highway Department
and no permit will be issued until the plat has been filed. The Plat Commission does not review or approve actual
engineering design of proposed accesses and other improvements made in the right of way. The permit process
reviews the design and may require construction of highway improvements not discussed during plat reviews,
including, but �sQt limited. to turn IaneS, drainage featUreS, etc.
Since,rely,
Gary H. Stevenson
Secretary, Plat Commission
cc: Thomas Hedges, City Administrator
Tom Swanson, Permits Technician
Tom Colbert, Public Works
Agenda Information Memo
March 18, 1997
J. FINAL SUBDIVISION -MICHAEL BASK (SOUTH OAKS 2"D ADDITIONS
ACTIONS TO BE CONSIDERED:
To approve a Final Subdivision for South Oaks Second Addition consisting of two lots on
.87 acres for property currently platted as Lot 1, Block 1, South Oaks Addition, located at
4560 Greenleaf Drive.
FACTS:
The Development Agreement has been prepared and staff anticipates that the documents
will be signed and in order by Monday. March 17, 1997, for execution at the regular City
Council meeting on March 18, 1997.
BACKGROUND/ TTACHMENTS:
Plat Map pag
35
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Agenda Information Memo
March 18, 1997 Eagan City Council Meeting
K. APPROVE METER READING SERVICES CONTRACT - RIMR SERVICES
ACTION TO BE CONSIDERED:
To approve the extension to the meter reading services contract - RMR Services.
FACTS:
• In March of 1993, the City entered into an agreement with RMR Services, Inc. to read
water meters for the City. In April of 1994, the agreement was extended for one year
and in March of 1995, it was again extended, this time for an additional two year
period.
• The rates for this service have been as follows:
4-1-93 to 3-31-94
$.27 per read
4-1-94 to 3-31-95
.27 per read
4-1-95 to 3-31-97
.30 per read
Proposed
4-1-97 to 3-31-98 $.33 per read
4-1-98 to 3-31-99 .35 per read
• The Finance Department has been pleased with the services provided and there have
been no billing problems or difficulties resulting from this privatization effort. Also.
there have been no problems from the maintenance perspective.
• The 1997 public utilities budget includes an appropriation to adequately cover the
proposed cost.
ISSUES:
Staff was concerned about the proposed 10% increase in Year 1 followed by a 6.1 %
increase in Year 2; consequently, discussions and additional research were under-
taken. It is the position of RMR Services that this type of increase is necessary
because of cost increases to them. For example, the more extreme winter has
dramatically increased their costs. They also feel that the rates were too low when the
program started because of it being new and having no established track record.
Current RFP's which are being responded to show rates of $.40 to $.45 per read for
cities with quarterly meter reading programs. It appears that an RFP process in Eagan
could easily result in a low bid in that range. Staff feels that the program remains cost
effective and competitive even with these increases and is recommending approval of
the extension.
Agenda Information Item
March 18, 1997
L. RESOLUTION, APPROVING COMPREHENSIVE GUILDE PLAN MAP
REPRINT
ACTION TO BE CONSIDERED:
To approve a resolution updating the Comprehensive Plan to include changes approved through
December 1996.
FACTS:
The City Council recommended approval of a Comprehensive Guide Plan Map reprinting
which included all Comprehensive Plan amendments approved by the City Council since the
last publication dated of March 1993. In addition the map incorporates changes to Park (P)
or Public Facilities (PF) on 26 parcels that have been acquired for public use since the last
reprint. These changes are subject to Metropolitan Council review.
> The Metropolitan Council has completed its review and has determined that this amendment
has no potential impact upon the metropolitan systems plan. Therefore, the amendment may
be placed in effect.
ATTACHMENTS:
Resolution, Page ..Z4 through '§.
Letter from Metropolitan Council, Pag
3�
RESOLUTION NO. 97-
A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN TO
INCORPORATE SEVERAL HOUSEKEEPING AMENDMENTS INTO A MAP
REPUBLICATION.
WHEREAS, the City Council of the City of Eagan is the
official governing body of the City of Eagan; and
WHEREAS, the City Council of the City of Eagan adopted the
Comprehensive Guide Plan on April i9, 1983, pursuant to the
requirements of Minnesota Statutes, Section 473.864; and
WHEREAS, the City of Eagan has corrected errors and omissions
to the Comprehensive Plan map published in March 1993 for the land
shown on Exhibit "A" attached hereto and changing the land use
designation of the subject properties as shown on Exhibit "B"; and
WHEREAS, a public hearing was held by the Advisory Planning
Commission of the City of Eagan on November 26, 1996 at which time
the Advisory Planning Commission recommended approval of the
Amendment to the Comprehensive Guide Plan; and
WHEREAS, on December 12, 1996 the City Council of the City of
Eagan approved the Amendment to the Comprehensive Guide Plan on 26
parcels totaling approximately 49 acres changing the land use
designation as identified in Exhibit "B" subject to the approval
of the Metropolitan Council; and
WHEREAS, the Metropolitan Council has determined that the
Amendment to the Comprehensive Guide Plan for the land shown on
Exhibit "A" attached hereto has no potential impact upon any of
the metropolitan system plans and therefore the City may place the
Amendment into effect immediately;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA hereby adopts an Amendment
to the Comprehensive Guide Plan changing the land use designation
of approximately 49 acres of land as shown on Exhibits "A" and "B"
attached hereto.
ION passed this day of , 1997
it of the City of Eagan, Minnesota.
BY:
arbeke, City Clerk
Thomas A. Egan, Mayor
Comprehensive Guide Plan Administrative Edits
Map # Name
1
CITY OF EAGAN
10
NORTHERN STATES POWER CO
11
CITY OF EAGAN
11
CITY OF FAGAN
11
CITY OF EAGAN
12
CITY OF EAGAN
2
ROBERT L & TERESA M MCLEAN
12
ROBERT L & TERESA M MCLEAN
ROBERT L 8 TERESA M MCLEAN
:3
CITY OF EAGAN
3
CITY OF EAGAN
3
CITY OF EAGAN
3
CITY OF EAGAN
3
CITY OF FAGAN
®3
CITY OF EAGAN
4
CITY OF EAGAN
5
5
7
7
7
8
e
CITY OF EAGAN
CITY OF EAGAN
CITY OF EAGAN
CITY OF EAGAN
CITY OF EAGAN
CITY OF EAGAN
CITY OF EAGAN
CITY OF EAGAN
Taxpin
108380304000
100250002206
104727510001
104727502000
100360002004
107995001001
100140002082
100140002082
100140002082
105750001100
105750001100
105750302000
105750301000
105750301000
105750303000
101438502000
107610002000
108435309006
108435309006
108435309006
108355003000
108355003000
100240001475
100240001475
Old—Plan New Plan
IND
D-11
D41
D41
D41
CA
D4
D -I
D -I
D -I
D4
D-1
D4
0-I
D4
D4
ROW
ROW
D4
D -I
P
P
D -I
D-!
NB
D41
PF
PF
P
P
P
PF
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
PF
PF
EXHIBIT B
Acres
2.98
3.53
1.47
1.1
3.83
0.92
0.02
0.92
1.04
0.38
0.07
1.28
0.44
0.25
0.42
0.33
3.24
0.87
0.56
1.27
2.6
0.17
10.81
0.07
5.72
4.46
December 23, 1996
Metropolitan Council
Working for the Region. Planning for the Future
March 6. 1997
Lisa J. Freese, AICP
Senior Planner
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122-1897
RE: Comprehensive Plan Amendment
Land Use Guide Plan Map Reprint
Metropolitan Council District 16
Referral File No. 16290-7
Dear Ms. Freese:
Thanks for your prompt response to our request for a copy of the Parks System Plan map
showing the Regional Trails in Eagan. This amendment is now complete. The Council will waive
further review and you may place the amendment into effect.
Staff advised me that your immediate concern was the reprinting of the Land Use Guide Plan
Map and that the city will review plans to the Regional Trails element as part of the
Comprehensive Plan Update required by 11,11 , 98. We will be reviewing that plan update in
relationship to the system statements recently sent out which indicate the Regional Trails in your
community.
If you have any questions, please contact Audrey Dougherty, principal reviewer at 291-6380.
Sincerely,`
Thomas C. McElveen, Deputy Director
Housing, Development and Implementation
cc: Terrence Flower, Metropolitan Council District 16
Phyllis Hanson, Jim Uttley. Carl Schenk, Lynda Voge, Audrey Dougherty
230 East Fifth Street St. Paul Minnesota 55 10 1-1634 (612) 291-63N�xx 291-6550 TDD/TTY 291-0904 Metro Info Line 229-3780
An Equal Oppornnuy Emplace r
Agenda Information Memo
March 18, 1997 Eagan City Council Meeting
M. RESIGNATION, RANDALL AHERN - APRNRC
ACTION TO BE CONSIDERED:
Accept resignation of Randall Ahern from the Advisory Parks, Recreation and Natural Resources
Commission and make a determination regarding filling the vacancy.
FACTS:
A letter was received March 5 from Randall Ahern resigning from the Advisory Commission
because of work conflicts.
• Mr. Ahern's term expires January, 1999.
ly the alternate on the commission with a term expiring January, 1998.
page 43
Iwo
Randall J. Ahern
46551Mldwood Street
Eogan, Vinnesota 55122-3386
Home Phone 882-1953
March 04, 1997
Ken Vraa
INrector of Parks and Recreation
City of Fagan
3930 Pilot Knob Road
Fagan, MN 55122-1997
Dear Ken;
When I started on the Advisory Parks, Recreation and Natural Resources Commission my work schedule was
very flexible, with regards to the needs of the commission In the last year 1 have opened two new businesses
These ventures have taken more and more of my time It has become increasingly harder to set aside dedicated
quality time for the commission's activities Both of my businesses have increased sates in the spring and fall
With that in mind, I just do not see how 1 can continue to be active with the commission, along with building my
businesses to desired levels Therefore, I W it best to resign from the commission. I have enjoyed the last year
of commission experiences, but feel that the commission would best be served with another who could spend
more time on researching and familiarizing themselves with the issues of the community.
It has been a pleasure to meet all the commission members, the Mayor, City Council Members, and the entire staff
1 think that the work that is done by those involved with the City of Eagan is of the highest standards and I am
proud of the quality of leadership that Eagan possesses 1 have been thoroughly impressed with the manner
in which both sides of the issues are heard at the commission meetings 1 feel that this lends credibility to our
cities leadership and decision-making processes With all that said, l thank you all for the opportunity to serve the
City of Fagan
Warmest regards,
Randall J Ahern
43
EAGAN CITY COUNCIL
March 18, 1997 Meeting
CONSENT AGENDA
N. ACCEPTANCE of Grant Funds
FOR COUNCIL ACTION:
To acknowledge receipt of grant assistance to benefit Wescott programs through a
Library Services Grant funded by the State Department of Children, Families and
Learning; designating School District 196 Family Services Collaborative as the fiscal
agent.
BENEFITS TO THE WESC07T PROGRAM:
As a partner in the Library Services grant entitled "Reading Connections" the following
direct benefits will be provided at Wescott:
+ $2,700 for Instructional services for the on site tutoring provided by teachers
from Dakota Hills Middle School and Glacier Elementary School.
• $200 for Wescott seasonal staff to receive training in the Motheread/Fatheread
Program.
• $400 for a field trip to the Children's Museum.
• $200 for bus transportation money for library field trips.
• Total grant is $3,560.
* The activities will occur between April 1, 1997 and March 31, 1998.
• The grant does not require any additional funding by the City.
• District 196 will act as fiscal agent for the grants as the majority of the funds
will be used for teacher costs/reimbursement.
• The grant application was prepared by the collaborative efforts of School
District 196 Family Services Collaborative which Includes the City of Eagan.
CONCERNS:
None
Ll
Agenda Information Memo
March 4, 1997 Eagan City Council Meeting
O. RECOMMENDATION, AIRPORT RELATIONS COMMISSION
URBAN REVITILIZATION PROGRAM PQSITION
ACTION TO BE CONSIDERED:
To approve correspondence consistent with the City's legislative program position concerning
the Urban Revitalization and Stabilization Program.
FACTS:
• The City has supported the Urban Revitalization and Stabilization Program, also known as
the Urban Homesteading Program, for new homebuyers in the vicinity of the Minneapolis/St.
Paul International Airport. This tax program which was adopted as part of the dual track
legislation in early 1996, provides for an income tax exclusion for residents buying homes
within the area since June 1. 1996. The purpose of the program is to provide incentives for
home purchases in this area, thereby helping to maintain the vitality and stability of those
neighborhoods.
• The City's current policy is that additional programs for existing homeowners should also be
made available within this area. Such programs may be part of the additional discussion by
the communities and the MAC concerning community, stabilization tools.
• A recent Star Tribune article which addressed the program has been reviewed by the Airport
Relations Commission which has requested Council consideration of a response consistent
with the City's current policy.
ATTACHMENTS:
•Draft correspondence on pages L and
• Article from Star Tribune on pag
qS
city► of cagan
RE: PROGRAM GIVES TAX BREAK TO URBAN HOMEBUYERS (MARCH 9, 1997)
In airing criticisms by local assessors and the governor's office concerning the application of the
urban homesteading program to airport noise impacted neighborhoods ("Program gives tax break
to urban home buyers" March 9, 1997), the StarTribune failed to consider the potential benefits
the program offers to residents of communities which will be impacted by the continued growth
of the airport at its current location. The City of Eagan and many of the cities around the
Minneapolis -St. Paul International Airport support the provisions of this program as one way to
provide stability in neighborhoods which are affected by significant amounts of aircraft noise.
Admittedly the urban homesteading program is not perfect. It attempts to implement a
controversial public policy. Namely that the state, having concluded that the public costs of
airport relocation are too great, should reimburse ordinary citizens who are required to absorb the
costs of continued and expanding airport noise impacts from the current location. It is also
important to note that the program is only one part of what should be a comprehensive approach
to the stability of communities and the well being of residents who are affected by airport traffic
growth, including those who have lived with such growth for many years.
The criticisms of the mechanics of the system may be valid. It does place additional
responsibilities for an income tax program on local assessors who are primarily responsible for
valuations associated with property taxes. This additional burden does not qualify these
individuals to be experts on the economics of noise impacts, however. Homes near airports do
sell but the pool of interested buyers is reduced and by extension, so is the likely value of the
property to those buyers.
If the paperwork burdens for a state income tax program have been wrongly placed on local
property tax officials, that does not detract from the merits of the program. Nor should the fact
that fairly defining the boundaries of the program results in the inclusion of some higher value
homes. The program itself is limited on the basis of income meaning that regardless of the value
of the real estate, the program benefits are restricted to middle-class and poorer participants.
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN MINNESOTA 55122-1897
PHONE: (612) 681-4600
FAX- (612) 681-4612
TDD: (612) 454-8535
THE LONE OAK TREE
THE S'Y'MBOL. OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmati e ;n Employer
MAINTENANCE FACILITY
3501 COACHMAN POIN'
EAGAN, MINNESOTA 55122
PHONE (612) 681-4300
FAX: (b 12) 681-4360
TDD(612) 454-8535
THOMAS EGAN
Mayor
PATRICIA AWADA
BEA BLOMQUIST
March 19, 1997
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
EDITORIAL DEPARTMENT
City Administrator
STARTRIBUNE
E. J. VAN OVERBEKE
425 PORTLAND AVENUE SOUTH
City Clerk
MIN?-EAPOLIS, MN 55488
RE: PROGRAM GIVES TAX BREAK TO URBAN HOMEBUYERS (MARCH 9, 1997)
In airing criticisms by local assessors and the governor's office concerning the application of the
urban homesteading program to airport noise impacted neighborhoods ("Program gives tax break
to urban home buyers" March 9, 1997), the StarTribune failed to consider the potential benefits
the program offers to residents of communities which will be impacted by the continued growth
of the airport at its current location. The City of Eagan and many of the cities around the
Minneapolis -St. Paul International Airport support the provisions of this program as one way to
provide stability in neighborhoods which are affected by significant amounts of aircraft noise.
Admittedly the urban homesteading program is not perfect. It attempts to implement a
controversial public policy. Namely that the state, having concluded that the public costs of
airport relocation are too great, should reimburse ordinary citizens who are required to absorb the
costs of continued and expanding airport noise impacts from the current location. It is also
important to note that the program is only one part of what should be a comprehensive approach
to the stability of communities and the well being of residents who are affected by airport traffic
growth, including those who have lived with such growth for many years.
The criticisms of the mechanics of the system may be valid. It does place additional
responsibilities for an income tax program on local assessors who are primarily responsible for
valuations associated with property taxes. This additional burden does not qualify these
individuals to be experts on the economics of noise impacts, however. Homes near airports do
sell but the pool of interested buyers is reduced and by extension, so is the likely value of the
property to those buyers.
If the paperwork burdens for a state income tax program have been wrongly placed on local
property tax officials, that does not detract from the merits of the program. Nor should the fact
that fairly defining the boundaries of the program results in the inclusion of some higher value
homes. The program itself is limited on the basis of income meaning that regardless of the value
of the real estate, the program benefits are restricted to middle-class and poorer participants.
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN MINNESOTA 55122-1897
PHONE: (612) 681-4600
FAX- (612) 681-4612
TDD: (612) 454-8535
THE LONE OAK TREE
THE S'Y'MBOL. OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmati e ;n Employer
MAINTENANCE FACILITY
3501 COACHMAN POIN'
EAGAN, MINNESOTA 55122
PHONE (612) 681-4300
FAX: (b 12) 681-4360
TDD(612) 454-8535
What was overlooked in the article was that the urban homesteading program was extended to
airport impact areas not as an isolated action, but as a part of the political process resulting in
the early conclusion of the Dual Track Airport Planning Process. The participants in the process
demanded and should have received consideration on behalf of their various constituents. Part
of the consideration for expanding the airport at its current site was to provide an incentive for
prospective residents to consider the area in spite of the environmental impacts.
Perhaps the greatest shortcoming of the urban homesteading program as it pertains to airport
noise is that it only pertains to people who have bought their homes since June 1, 1996. The
MAC and the state should implement a comprehensive program which provides not only for the
stability of noise impacted neighborhoods, but for consideration for those who have already
experienced years of airport impacts growing around them.
Sincerely,
Tom Egan
Mayor
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* * STAR TRIBUNE • PAGE B7, .,
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Ai a glance: �.
........................................................................... . y
Urban homestead proVam
Here's how ther am, Nso known as the home
p op buyers' tax break. works:
10- Areas designated: Original test zones: Three small parts of ther<
McKinlev-Folwell area of north Minneapolis, St. Paul's West Side; :;l
and southeastern Columbia Heights. Airport zone- Houses within=,;'i
about 1 mile of the 65 -decibel airplane -noise zone around Minne• ! i
apolis-St. Paul International Airport. ;, •�
Timing: Test zones: Homes bought between Sept. 1, 1995, and July ;,i
1. 1996, Airport zone. Homes bought after June 1. 1996.
I. Eligibility: For five tax years after buying the home, as long as:
homeowner remains the owner -occupant, doesn't commit a felony, ;
complies with building codes and doesn't earn too much to qualify. "
State Income tax break: For married couples filing joint returns and;,
surviving spouses: $15.000 subtraction from adjusted gross Income
of up to $60,000 on the Minnesota tax return. For single people:'
$10,000 from adjusted gross income of up to $40,000. For single;
heads of households: $12,500 from adjusted gross income of up to"
$50.000. The exemption is reduced by 2 percent for each $1,000 of:
income above those levels. Maximum incomes eligible: $110,000 for
married couples fling joint returns and surviving spouses; $90,000
for single people, $100.000 for single heads of households.
a More Information: Call your county or city assessor.
....................................................................................................
�1V /11W ItMW fl Vl/l b1
Home buyers get
but expanded zo
But without waiting for that
evaluation, the 1996 Legislature
approved a major expansion of
the program. It created a zone of
almost 43.000 homes in parts of
10 cities around Minneapolis -St.
Paul international Airport. Buyers
in that area will get the same tax
break, in the name of stabilizing
communities that suffer airport
noise.
That expansion has drawn
critics ranging from some local
assessors who feel overwhelmed
by the program's paperwork to
Got•. Arne Carlson, who warns
that it's too expensive. The test
program's legislative sponsor,
Rep. Todd Van Dellen, R -Plym-
outh. calls the expansion "pork
barrel -style rax relief."
Wtwadws h1ck ded
The decibel -defined airport
zone stretches from mansions on
Lake Harriet's southeastern
shore. an area with some of the
strongest property values in Min-
neapolis, to the western edge of
exclusive Sunfish Lake, the metro
area's second -wealthiest cite.
Bill Sundstrom, a homestead
supervisor in the Minneapolis as-
sessor's office, called the admin-
istrative requirements of the ex-
pansion "a nightmare "
The city has had I I applica-
tions for the tax Freak from the
McKinley. Folwell zone, but 449
from its part of the airport zone
Each year, assessors must
make sure those seeking the
credit still live in the house. are
keeping it up to code and haven't
committed a felony that would
bar them from participation.
With 29.000 Minneapolis homes
In the airport zone. Sundstrom
envisions an ever-growing
workload
Assessors point out that their
role is to help tax property and
that it's the state's job to tax in-
come. The program has been off
to a confusing start, they say,
with multiple cities and counties,
the Met Council and the Minne-
sota Department of Revenue all
playing roles.
Indeed, Ramsey County offi-
cials didn't know until shortly be-
fore the 19% application dead-
line that the airport -noise zone
included the southwestern tip of
St. Paul. Application forms
weren't available until after the
deadline, and now the assessor's
office is asking the Ramsey Coun-
ty attorney whether the deadline
can be extended.
The tax break originally was
proposed in 1995, when Van Del-
len unveiled a Republican alter-
native in the debate over how to
address inequities in metro -area
distribution of subsidized hous-
ing. The aim was to give middle-
class homeowners an Incentive to
buy in areas in danger of being
engulfed by urban blight.
MOW and III WRI
The Livable Communities Act
Incorporated the tax break.
Meanwhile, a group of communi-
ties around the airport, led by
Richfield. were discussing legisla-
tax breaks,
ne criticized
tion that would mitigate the im-
pact of airport noise, especially
on housing prices.
The group decided to focus on
adapting techniques the Legisla-
ture already had approved. Rep.
Edwina Garcia. DFL -Richfield, got
the tax break for the airport at-
tached in a conference com-
mittee.
But Larry Miller. Hennepin
County's principal appraiser for
Richfield, said that the zone in-
cludes many homes outside the
area of most bothersome noise
and that he hasn't noticed a lack
of home sales in those areas.
The airport zone has caused
some criticism. If homes around
the airport aren't keeping up with
the market, then home buyers
already get one break in the put
chase price and another from the
tax break. so "why should we give
these people more money?"
Sundstrom asked.
Jim Prosser, Richfield's city
manager, replied: "Even those
who shop in a discount store
want a rebate coupon."
The law also has created some
III will. "Some people who lived
there for a long time are upset
because they don't qualify and
someone new does," Hennepih.
County Assessor Tom May said. J,
Dennis Schulstad, the Minne-
apolis City Council member who
represents the area closest to the
airport, said. "It doesn't benefit
someone who's been living there
for 25 years.... That's the person
who is really suffering. The per-
son who just bought it knows that
It is noisy."
There's also some doubt about
whether the law has been suffi-
ciently publicized to actually at-
tract buyers to an area.
'1 haven't had anybody come
to me and say. 'Hey, I've got to
buy in that neighborhood,' " said
Ron Stevens. a real-estate agent.
active in the West Side zone.
Minneapolis Assessor J. Scott
Renne said, "I'm not sure people
base their decision on a five-year
tax break."
But Nancy Beals, chairwoman
of the McKinley Neighborhood
Association. said the tax break
attracted considerable interest
when she handed put brochures
at a housing fair last fall.
"I ran out of them. in fact."
she said. 'We'd be very interested
In continuing it, if it attracts re-
sponsible homeowners."
Although Johnson didn't know
about the break when he bought
his house, he said it Improved his
outlook. "It turned around the
apprehension about where 1 was
moving into," he said. 'It was
like. Vow. did I luck out!' "
But some worry about the cost
of tax breaks in the airport zone
The Revenue Department esti•
mated that cost at $9 million an-
nually after the initial years.
'We think it's not good tax
policy." said Brian Dietz. a
spokesman for Carlson. "We be.
lieve that market value should de-
termine home values in this
area."
Agenda Information Packet
March 18, 1997 Eagan City Council Meeting
P. REQUEST FOR PUBLIC HEARING_ - CERTIFICATION OF
DELINQUENT UTILITIES - MAY 6, 1997
This item was inadvertently nlaced on this City Council meeting agenda. It has been scheduled
-ting.
5D
Agenda Information Memo
March 4, 1997
. PROJECT 714 DONALD AVE
ACTION TO BE CONSIDERED: To receive the feasibility report for Project 714 (Donald
Avenue - Street Rehabilitation) and schedule a public hearing to be held on April 15, 1997.
FACTS:
• In accordance with the approved 5 -Year CIP (1997-2001), Donald Avenue has been
programmed for a street rehabilitation improvement during 1997.
• On December 4, 1996, the City Council authorized staff to prepare a feasibility report
defining the scope, schedule, and financing for such an improvement.
• On March 10, an informational neighborhood meeting was held to present a preliminary draft
of the feasibility report to all affected/interested property owners.
• As a result of input received from the neighborhood meeting and subsequent research by City
staff, the draft feasibility report being presented to the City Council has been revised by
deleting that portion of the Donald Avenue cul-de-sac north of Letendre Street based on its
current Pavement Condition Index rating being significantly higher than the remainder of
Donald Avenue. Vdhile it was originally included in the preliminary draft for neighborhood
continuity, it can be readdressed at a future time when Letendre Street is considered for a
similar street rehabilitation project. If the City Council concurs with the staffs response to
the neighborhood input, an informational notice will be sent to all affected property ov.-ners.
ATTACHMENTS:
• Draft feasibility report, enclosed without page number.
• Minutes from informational meeting. pages IS_, ..d -TF
s I
Attendance:
A.
B.
CITY PROJECT NO. 714
Donald Avenue
SEH No. A-EAGAN9706.00
Informational Neighborhood Meeting
Monday, March 10, 1997
6:30 p.m. Council Chambers
MINUTES
'Tom Colbert, Arnie Erhart. Tom Struve, City of Eagan; Tom Sohrweide, SEH:
10 people (see sign -in sheet)
Welcome and Introductions
• Tom Colbert welcomed the residents and introduced staff people.
• City of Eagan started street rehabilitation a number of years ago.
• In 1989, a Pavement Management Program was developed.
• Your streets are not the first needing improvements, nor the last.
• Information being provided at tonight's meeting is to inform the residents of the project
prior to the formal public hearing scheduled for April 15, 1997.
Community/Neighborhood History and City's Pavement :Management Program
• Arnie Erhart explained Pavement Management. In last 17 years, the City of Eagan has
added about 80 percent of its streets.
Discussed .aging of streets generally with a life of 18 to'_5 years. Factors affecting the
conditions of streets:
- Subgrade
- Traffic
- Weather (Freezing and Thawing)
In 1989 Braun Intertec developed computerized Pavement Management System for the
City. Streets are field rated and a pavement condition index is developed for each street
from 0 to 100.
1-35 Reconstruction
36-55 Rehabilitation - Overlay
56-100 Preventative Maintenance - Crack Filling, Seal Coat
Eagan streets have generally lasted longer than 20 years. By using the Pavement
Management Program, the City can schedule the right maintenance at the right time.
Arnie displayed the map of Capital Improvements for 1997 - 2001. If nothing is done to
these streets, they will need reconstruction in 5 to 7 years and will result in high
maintenance costs.
Donald Avenue ranks in the area of needing structural improvement.
S ;)
-
Meeting Minutes
March 10. 1997
Page No. 2
C. Eagan's Protective/Preventative Maintenance Program - (Tom Struve)
The City of Eagan has 218 miles of streets. Tom explained the day-to-day operations and
showed slides of patching and preparing streets for seal coating and overlays.
In addition, slides were shown of last year's projects, South Hills Addition and Wilderness Run
Road and of the condition of the Donald Avenue pavement.
D. Project No. 714 Details (Tom'Sohrweide)
• Described the proposed project as a mill and overlay. Explained what happens during this
type of construction.
• Discussed the project schedule. Formal public hearing at the April 15, 1997 City Council
meeting. At this meeting the Council will decide if the project proceeds. If it proceeds.
completion is schedule for September 1, 1997.
• The project is proposed to be combined with the mill and overlay of Wescott Road.
Denmark Avenue, and the resurfacing of Heine Strasse.
• The estimated total project cost is $95,400.00 with a proposed assessment of $31.926.00.
• Discussed the City's assessment policy. The high density residential areas are assessed
on a front foot basis based on 75 percent of the mill and overlay costs and their
proportionate street frontage. The single family residential lots are assessed on a per lot
basis for 50 percent of the remaining mill and overlay costs. Single family residential lot
assessment estimate equals 5662.10. High density residential assessment estimate equals
$9.23/foot.
• Payment of the assessments was discussed.
E. Summary by Tom Colbert
• The options for this roadway are: 1) do nothing now and reconstruct in the future. or
2) proceed with the mill and overlay now.
• Reconstruction costs have ranged up to $2,500 per lot.
• It. is recommended that the mill and overlay project proceed to maintain the structural
integrity of the street.
• The City is willing to invest in the street at this time if the neighbors are also willing.
F. Questions
1. Are lot assessments per lot or per front foot?
Single family residential lot assessments are per lot.
2. The apartment buildings should pay more because they generate most of the traffic on the
street.
The methods used are based on the ability to show benefit and have been upheld in the
courts. Apartment complexes will counter the argument by saying they provide and
maintain their own private streets.
S3
Meeting Mini
March 10, 19,
Page No. 3
3. Why is Donald Avenue north of Letendre Street being proposed for the project? It looks
to be in good shape. It would be a waste of money, it only needs sealcoating.
The street is looked at as a whole to maintain some uniformity with regard to scheduling
of repair work and ultimate life of the street. There are also economies of scale in
undertaking a construction project. Staff will reexamine that area and respond to the
resident with the question at 3233 Donald Avenue. The Council can be asked to delete
that portion of Donald Avenue.
4. Holes were left unpatched in the street all of last year.
If residents are aware of a hole in the street.. they should notify, the City and it will be
evaluated and patched.
5. The City should consider using calcium chloride instead of sodium chloride for winter ice
control.
Calcium chloride is more expensive, to date staff hasn't seen conclusive evidence that it
is better to use. Sodium chloride doesn't react with bituminous pavement as it does with
concrete and metal.
6. The area of Donald Avenue just north of Yankee Doodle Road has a very bad subgrade,
this was previously a swampy area.
Subgrade correction may have to occur in this area.
7. How was Wilderness Run assessed?
There was an equivalent cost per residential lot, figured and the assessment was based per
lot.
8. Tom Colbert indicated that additional payment by the apartment buildings wouldn't
necessarily lower the single family lot assessment. Additional payment could offset City
payments.
9. Why were they assessed when Coachman Road was put in in the mid-70s?
Not familiar with what happened at that time.
10. How much curb and gutter will be replaced?
Estimated to be 10 percent.
11. A drain plugged at the southeast corner of Heritage Lane/Letendre Street, was reported
to a City of Eagan truck driver, and nothing was done.
Staff will follow up and check on the drain.
hr 12. Who patches potholes on Letendre at Highway 13?
Mn/DOT is responsible and is currently patching on Highway 13.
s
�
Meeting Minutes
March 10, 1997
Page No. 4
13. Why wasn't a sealcoat done in 1992?
The last sealcoat was done in 1987 and is generally done every 8 to 10 years.
14. Will Letendre Street be closed at Highway 13 when Highway 13 is widened?
This hasn't been decided The City will be conducting a corridor study to evaluate this.
15. How is the corner lot at 1730 Letendre Street assessed?
Assessments are made if a property has direct driveway access onto the street or if the
property could be subdivided with 85 feet of frontage while maintaining the required
setback on the existing house, with the subdivided area having frontage on the street.
16. Are 3225 and 3217 Donald Avenue being assessed?
Yes, they both have driveway access onto Donald Avenue.
17. What is the minimum lot size in Eagan?
12,000 square feet with 85 feet of frontage.
18. What are the required setbacks?
30 feet from the road right-of-way and 10 feet from the side yard for living quarters.
19. When would the assessment have to be paid in full?
Within 30 days after the assessment hearing.
Meeting adjourned at 7:45 p.m.
sah
F7TRO1FCiSLEAGAM97061MISCVXMMIN.M 12
INFORMATIONAL MEETING
PROJECT 714
DONALD AVENUE
, MARCH 10, 1997,6:30 P.M.
ADDRESS
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COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)
ATTENDED INFORMATIONAL
PUBLIC MEETING
1%-)v
MILL AND OVERLAY
75
FILE NO, -� D NALD AVENUE
AW i EAGAN9706.001 ROJECT NO. 714 MOT
DATE: NO. 2
2/26/97 EAGAN, MINNESOTA
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* ATTENDED INFORMATIONAL
PUBLIC MEETING
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MILL AND OVERLAY
FILE N0.
EAGAN9706.0 ONALD AVENUE
DATE: PROJECT NO, 714
REV. 2/26/97
i 4/97 EAGAN, MINNESOTA
75
EXHEUT
NO. 3
Agenda Information Memo
March 4, 1997
R. PROJECT 715. HEINE STRASSE
ACTION TO BE CONSIDERED: To receive the feasibility report for Project 715 (Heine
Strasse - Street Rehabilitation) and schedule a public hearing to be held on April 15, 1997.
FACTS:
■ In accordance with the approved 5 -Year CIP (1997-2001), Heine Strasse has been
programmed for a street rehabilitation improvement during 1997.
• On December 4, 1996, the City Council authorized staff to prepare a feasibility report
defining the scope, schedule, and financing for such an improvement.
• On March 10, an informational neighborhood meeting was held to present a preliminary draft
of the feasibility report to all affected/interested property owners.
ISSUES:
• The policy/direction of the City Council on past projects in determining benefiting properties
for street rehabilitation projects has been to assess only those lots that take direct drive,,vay
access eliminating corner lots from getting double assessed. Historically, these street
rehabilitation projects have dealt primarily with local neighborhood streets. In accordance
with that policy/directive, Lots 1 & 2 were not included in the preliminary draft feasibility
report as assessable property because of their combined joint access from Diffley Road. This
has resulted in a significant amount of unassessed frontage which is subsequently reallocated
to the remaining properties in determining the proposed special assessment. However, due to
onstreet parking restrictions along Diffley Road and the proximity of Heine Strasse to the
residential structures on Lots 1 & 2, Heine Strasse appears to provide service to these
Properties in all respects, including mail delivery, except for direct driveway access (due to
elevation differential). These two lots were assessd equally with all other lots when the street
was originally built in 1977. Lot 1 was assessed $3,367 for the Diffley Road improvement in
1990.
Staff would like Council direction as to whether the final feasibility report should be revised
to incorporate one of the following options:
1. Lots 1 &/or 2 should be included for a full lot equivalent prorated assessment.
2. Lots 1 &/or 2 should be included for a partial lot equivalent prorated assessment.
3. Lots 1 &/or 2 should not be included in this project and the respective frontage be
financed proportionately by the remaining properties. (Current proposal).
4. The Major Street Fund should finance the proportionate frontage for Lots 1 &/or 2.
Once the feasibility report has been refined based on Council direction, follow-up notices
will be sent to all affected property owners.
ATTACHMENTS:
• Draft feasibility report, enclosed without page number.
• Minutes from informational meeting, pages and
CITY PROJECT NO. 715
HEINE STRASSE
SEH NO. A-EAGAN9707.00
Informational Neighborhood Meeting
Monday, March 10, 1997
8:00 p.m. Council Chambers
MINUTES
ndees: Tom Colbert, Arnie Erhart, Tom Struve, City of Eagan; Tom Sohrweide, SEH;
5 people (see sign -in sheet)
Welcome and Introductions
• Tom Colbert welcomed the residents and introduced staff people.
• City of Eagan started street rehabilitation a number of years ago..
• In 1989, a Pavement Management Program was developed.
•
Your streets are not the first needing improvements, nor the last.
• Information being provided at tonight's meeting is to inform the residents of the project
prior to the formal public hearing scheduled for April 15, 1997.
Community/Neighborhood History and City's Pavement Management Program
• Arnie Erhart explained Pavement Management. In last 17 years, the Cite of Eagan .has
added about 80 percent of its streets.
• Discussed aging of streets generally with a life of 18 to 25 years. Factors affecting the
conditions of streets:
Subgrade
- Traffic
- Weather (Freezing and Thawing)
In 1989 Braun Intertec developed computerized .Pavement .Management System for the
City. .Streets are field rated and a pavement condition index is developed for each street
from 0 to 100.
1-35 Reconstruction
36-55 Rehabilitation - Overlay
56-100 Preventative Maintenance - Crack Filling, Seal Coat
Eagan streets have generally lasted longer than 20 years. By using the Pavement
Management Program, the City can schedule the right maintenance at the right time.
Arnie displayed the map of Capital Improvements for 1997 - 2001. If nothing is done to
these streets, they will need reconstruction in 5 to 7 years and will result in high
maintenance costs.
Heine Strasse rates in the high end of the structural improvement area.
Eagan Is Protective/Preventative Maintenance Program - (Tom Struve)
The City of Eagan has 218 miles of streets. Tom explained the day-to-day operations and showed
slides of patching and preparing streets for seal coating and overlays.
In addition, slides were shown of last year's projects, South Hills Addition and Wilderness Run
Road.
This street was last seal coated in 1987.
Meeting Minutes
March 10, 1997
Page No. 2
D. Project No. 715 Details (Tom Sohrweide)
• Described the proposed project as a removal and replacement of the bituminous surface.
• Discussed the project schedule. Formal public hearing at the April 15, 1997 City Council
meeting. At this meeting the Council will decide if the project proceeds. If it proceeds,
completion is schedule for September 1, 1997.
• The project is proposed to be combined with the mill and overlay of Wescott Road,
Denmark Avenue, and Donald Avenue.
• The estimated total project cost is $57,025.00 with a proposed assessment of $23,320.00.
• Discussed the City's assessment policy. The assessment is based on 50 percent of the
bituminous pavement removal and replacement with a 3 inch pavement. The cost is
divided by all properties having driveway access to the roadway. Single family residential
lot assessment estimate equals $1,665.71.
• Payment of the assessments was discussed.
E. Summary bv Tom Colbert
• Heine Strasse is 20 years old with a subgrade and base in relatively good condition but the
pavement is deteriorated.
• Two lots on the west side of the street near Diffley Road were not proposed for assessment
because of them having driveway access onto Diffley Road.
• Options are: do nothing or limited maintenance which would lead to total reconstruction
in 5 to 10 years: overlay, not a good solution because the existing pavement wouldn't
provide a good foundation, surface replacement, would essentially provide a new street.
F. Questions
1. From the presentation it appears that the street needs reconstruction. When looking at the
street, it doesn't appear resurfacing is necessary at this time. it should wait 5+ years.
2. How much more would it cost to reconstruct?
Total cost could be up to $2.500.00 per lot.
3. This street should have lasted longer than other streets because it has less traffic.
Roads with more traffic are built stronger, therefore life expectancy is about the same.
4. Tom Colbert indicated that the recommendation for the surface replacement is timely now
because of the condition of the road. However, the Council is interested in what standard
the neighbors want their street to, what schedule for any improvements, and payment that
they are willing to pay.
5. The neighbors thought that the City should pay for more than 50 percent of the surface
replacement costs because 17 years ago the residents were assessed $1,700.00 for storm
sewer.
6. The two lots on the west side near Diffley Road which are not proposed to be assessed.
should be assessed, because they generate parking on the street both by residents and guests
and have their mailboxes on the street.
Ce (
Meeting Minutes
March 10, 1997
Page No. 3
7. Did the two corner lots pay an equal amount of assessment that is being proposed here
when Diffley Road was assessed?
This can be researched. They would have received an assessment for Diffley which was
calculated.
8. Has road deteriorated from drainage to the lake?
Probably, subdrains may have to be installed.
9. Tom Colbert indicated that because of the information provided by the residents at this
meeting, justification may exist to propose assessing the two lots not originally proposed
for assessment. He would be willing to recommend this to the Council.
10. Could the irregularities of the roadway be solved with resurfacing?
Yes.
11. Is this street being proposed for improvement because of the shape it's in or its age?
Because of the shape that it's in. Test holes were dug last summer to verify the condition.
12. A $1,700.00 assessment is too much. It hurts financially with other commitments to
property improvements and tax increases.
13. The condition of the cul-de-sac appears O.K. but the roadway north of there is not in very
good shape.
14. Tom Colbert indicated that the assessment could be spread out over 10 years.
15. Can the residents request a cost split between themselves and the City with the City picking
up 75% of the cost?
Yes, that can be requested, but the Council has been pretty uniform in dealing with the
assessment policy. The Council can vary the assessment. There may not be a clear cut link
between a storm sewer assessment 17 years ago and a roadway assessment today.
The meeting adjourned at 9:00 p.m.
sah
F:%PROJECTSIEAGAM97(rAMISCIIMMiN.M 13
INFORMATIONAL MEETING
PROJECT 715
HEINE STRASSE
MONDAY, MARCH 10, 1997,8:00 P.M.
NAME
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KFORMS/Sign-lmrb
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BITUMINOUS SURFACE REPLACEMENT
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PROJECT NO. '715
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Agenda Information Item
March 18, 1997
A. REZONING AND PRELIMINARY SUBDIVISION - ROYAL OAKS
REALTY, INC.
ACTION TO BE CONSIDERED:
> To approve or deny a Rezoning of 20 acres from A, Agricultural to R-1, Single Family
Residential, consisting of the east 20 acres of the SE 1/4 of the SE 1/a of Section 36.
> To approve or deny a Preliminary Subdivision (Evergreen), consisting of 56 single-family
lots on 40 acres of unplatted property located east of Gun Club Road and south of Red Pine
Elementary School in the SE 1/4 of Section 36. If approved a condition regarding extension of
a water main to the Inver Grove Heights border should be added as explained under Issues
below.
FACTS:
> This item was considered by the City Council at its regular meeting on February 18, 1997.
After discussion and public input, the City Council continued this item to the March 18, 1997
City Council meeting to allow further investigation of the secondary street access
alternatives.
> The developer held a neighborhood meeting on March 11, 1997 and six people attended. The
discussion centered around street access and traffic patterns. Neighbors expressed their
concern about the volume of traffic and related safety issues at the Red Pine Lane/Weston
Hills Drive intersection, the impact of additional traffic from this proposed development, and
from future development in Inver Grove Height. The developer has submitted a letter
evaluating the three street access alternatives and addressing some issues and ideas raised
during the neighborhood meeting.
ISSUES:
> Street Access - City Engineering staff have prepared a memo summarizing the advantages
and disadvantages of the three alternative accesses illustrated in the staff report. In addition,
city staff met with staff from Rosemount and MnDOT to discuss the 120' Street extension
option. For various reasons outlined in engineering staff s memo and in the letter from
Rosemount, an extension of 120" Street is not feasible at this time. As a preferred
alternative, the developer proposes to pave 120th Street and Gun Club Road as a rural section
roadway (option B).
> Financial Obligation - The city staff requests direction from the Council to pursue an
agreement with the developer regarding the financial obligation related to Lots 13 and 14,
Block 4 of the proposed Evergreen Addition, or to require collection at this time.
> Utilinv extension - An 8 -inch water main line should be extended from the proposed water
main within Sycamore Drive to the east edge of the plat between Lots 4 and 5, Block 2 to
provide water service and allow for looping within the future Metropolitan Urban Service
Area (MUSA) portion of Inver Grove Heights. Condition 416 should be added to read "An
8 -inch water main shall be extended to the east edge of the plat between Lots 4 and 5, Block
2."
> Tree Preservation - At the Februrary 18, 1997 City Council meeting, the developer requested
that the Council waive the requirement for Individual Lot Tree Preservation Plans for the lots
not graded with the initial site preparation. Staff has estimated that the tree removal
associated with these lots will be approximately 27%. The Tree Preservation Ordinance
would allow 20% removal with mitigation for removal amounts over 20%. Should the
Council choose to waive the requirement, Condition #15 should be modified to state "A
revised tree preservation plan for those lots not graded during the initial site development
shall be prepared and presented to the Advisory Parks, Recreation and Natural Resources
Commission for review and recommendation prior to final subdivision approval."
> Subdivision Name - There is a subdivision in Eagan called Evergreen Park. The Council had
some concern that there would be confusion and the name of this proposed development
should be revised. The developer originally had proposed the name "Evergreen Forest" for
this subdivision, but then shortened the name to "Evergreen" to avoid duplication and
confusion in their filing since they have developed an subdivision called "Evergreen Forest"
elsewhere. They have checked with Dakota County and have indicated the County will
accept the name "Evergreen."
ATTACHMENTS:
Memo from Engineering Staff, pages&I through
Letter from Rosemount regarding 120' St. xtension, Rages through
Letter from Royal Oaks Realty, ages through
Other correspondence, pages' through
February 18, 1997 City Council minutes, pages -1-1- through
January 28, 1997 APC inutes, pa es v -through 7
Staff Report. pages through
in
The purpose of this memo is to detail the potential advantages and disadvantages of each of the
options for providing a second improved street access from the proposed Evergreen Addition as
outlined in the staff report dated January 23, 1997. As you recall, the three options identified are A)
Extend proposed Spruce Street to the west through Lot 14, Block 4 to Gun Club Road. B) Pave
120th Street and Gun Club Road adjacent to the development C) Extend 120th Street to connect with
TH-3 within the City of Rosemount(see attached Figure 1).
The potential advantages and disadvantages of each option are as follows:
Ai Extend proposed Spruce Street to the west through Lot 14, Block 4 to Gun Club Road.
Advantages
- Provides the most direct secondary traffic outlet potentially used by a majority of the
Evergreen Addition development, minimizing traffic through Pines Edge Addition.
- Provides a direct internal pedestrian access to Hidden Corner Park.
Disadvantages
- Close proximity to the Marotzke home on Lot 14, Block 4 with either potential alignment
(see attached Figure 2).
- No benefit to future development within Inver Grove Heights, Rosemount and Eagan
outside the Evergreen development.
- Street would likely need to be re -aligned and re -built with future development of Lot 14,
Block 4.
- Residential traffic is directed through Halley's Addition commercial/industrial area.
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55132-1897
PHONE_ (612) 681-4600
FAX. (612) 081-4612
TDD (612) 454 85; '
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Aft' m(-IVe ction Ernployer
MAINTENANCE FACILITY
3501 COAC-iv'-'. =
EAGAN
=HONE ( -
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THOMAS EGAN
Mayor
MEMO
PATRICIA AWADA
BEA BLOMQUIST
SANDRA A. MASIN
THEODORE WACHTER
Council Memoers
To:
Thomas Colbert, Director of Public Works
THOMAS HEDGES
City Adnlinistrctcr
From:
John Gorder, Development/Design Engineer
City Clerk OVERBEKE
Date:
March 13, 1997
RE:
Evergreen Addition - Improved Secondary Street Access Options
The purpose of this memo is to detail the potential advantages and disadvantages of each of the
options for providing a second improved street access from the proposed Evergreen Addition as
outlined in the staff report dated January 23, 1997. As you recall, the three options identified are A)
Extend proposed Spruce Street to the west through Lot 14, Block 4 to Gun Club Road. B) Pave
120th Street and Gun Club Road adjacent to the development C) Extend 120th Street to connect with
TH-3 within the City of Rosemount(see attached Figure 1).
The potential advantages and disadvantages of each option are as follows:
Ai Extend proposed Spruce Street to the west through Lot 14, Block 4 to Gun Club Road.
Advantages
- Provides the most direct secondary traffic outlet potentially used by a majority of the
Evergreen Addition development, minimizing traffic through Pines Edge Addition.
- Provides a direct internal pedestrian access to Hidden Corner Park.
Disadvantages
- Close proximity to the Marotzke home on Lot 14, Block 4 with either potential alignment
(see attached Figure 2).
- No benefit to future development within Inver Grove Heights, Rosemount and Eagan
outside the Evergreen development.
- Street would likely need to be re -aligned and re -built with future development of Lot 14,
Block 4.
- Residential traffic is directed through Halley's Addition commercial/industrial area.
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55132-1897
PHONE_ (612) 681-4600
FAX. (612) 081-4612
TDD (612) 454 85; '
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Aft' m(-IVe ction Ernployer
MAINTENANCE FACILITY
3501 COAC-iv'-'. =
EAGAN
=HONE ( -
zA\ �672) : -.
B) Rural Pavement Overlay of 120th Street and Gun Club Road[lointly funded by
developer-Roval Oaks Realty and landowner - Marotzke'sl
Advantages
- Reduced long-term maintenance costs for Eagan and Rosemount(periodic grading and
addition of additional gravel becomes unnecessary)
- Reduced erosion potential.
- Improved driving conditions(increased stopping distance, driver control, rideability)
- Street access for existing and future Evergreen, Inver Grove Heights and Rosemount
traffic.
Disadvantages
- Major grading would be required to widen to the required 28' minimum width for a rural
section roadway.
- Would not provide a direct second access for the Evergreen development(traffic from
development would have to first go south to travel north).
- Would not provide a direct street access for Inver Grove Heights, Rosemount
- Residential traffic would be directed through Halley's Addition commercial/industrial area
Cl 120th Street Extension to TH-3
Advantages
- Provides a direct traffic outlet to an ultimately signalized intersection serving future
development in Eagan, Rosemount, and Inver Grove Heights.
- A street connection at this location onto TH-3 would meet MnDOT's long range spacing
guidelines between Cliff Road in Eagan and County Road 38 in Rosemount.
Disadvantages
- Lack of support from adjacent jurisdictional municipalities (see attached letter from City of
Rosemount).
- Re -alignment of Biscayne Avenue in Rosemount would be necessary.
- Difficult, expensive acquisition of right-of-way and existing structures at the intersection
with TH-3 would be necessary(see attached Figure 3).
- Re -alignment of the CP Railroad crossing near TH-3 would be necessary
- Street extension and all associated costs would be approximately $750,000 to $1,000,000.
- Lack of available funding
att: Figure 1
Figure 2
Figure 3
City of Rosemount correspondence
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1 612 423 5203
MAR 13 '97 12:35 CITY OF ROSEMOUNT
March 13, 1997
CITY OF ROSEMOU NT
Everything's Coming Up Rosemounm
Lisa Freese, City Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: 120th Street Extension
Proposed Evergreen Addition
City of Rosemount
Dear Lisa:
R.2
QTY HALL
2a75 - 145th Street West
P.O. Boa 510
Rosemount. MN
55068-0510
Phone: 612-;33-4411
Fax: 61 2-42 3.5203
The purpose of this letter is to summarize the City of Rosemount's position on the
possibility of extending 120th Street as discussed with City of Eagan Staff and
MNDOT personnel at last weeks meeting.
In regards to a secondary outlet for the proposed Evergreen Addition and generally
the area east of Trunk Highway 3, it was agreed upon by all parties that in the long
term, an extension of 120th Street from Gun Club Road to Trunk Highway 3 would
provide the best access to other properties, provide the most convenience to
motorists, and provide the best emergency vehicle access for the general area.
Wayne Lemaniak and Sherry Narusiewicz of MNDOT stated that if the proposed
120th Street extension was constructed, that the Biscayne Avenue access to Trunk
Highway 3 would require closure due to its location in relationship to the 120th
Street/Trunk Highway 3 intersection.
To plan and construct 120th Street and a relocated Biscayne Avenue at this time is
not in Rosemount"s best interest. The proposed project will require the acquisition
of right-of-way and the possible relocation of homes and/or businesses. Added to the
actual construction, these project costs would be higher than the acutal benefit to the
affected properties, and at this time Rosemount does not have any other funding
sources available. This area in Rosemount is guided to remain rural residential and
until such time that the area could be subdivided, the benefit of such a realignment
and construction of these roadways would be cost prohibitive. The City may have
more favorable funding opportunities in the future.
1 612 423 5263
MAR 13 '97 12:35 CITY OF ROSEMOUNT
Re: 120th Street Extension
P. 3
We understand that Eagan will be examining alternative outlets for the proposed
Evergreen Addition. It is the City of Rosemount's Staff's recommendation that those
alternatives be pursued at this time.
Thank you for your cooperation in including the City of Rosemount in your planning
process. If you have any questions please call me at 322-2025.
Sincerely,
Bud Osmundson, P.E.
City Engineer/Public Works Director
cc: Mayor Busho
Council Member Anderson
Council Member Carroll
Council Member Edwards
Council Member Wippermann
Tom Burt, City Administrator
Dan Rogness, Community Development Director
Mike Ridley, Planner, City of Eagan
John Gortor, Design Development Engineer, City of Eagan
Tom Colbert, City Engineer, City of Eagan
Wayne Lemaniak, MNDOT
Sherry Narusiewicz, MNDOT
2
-�3
03/14/1997 10:13 4835642 ROYAL OAKS REALTY IN PAGE 02
-
ROYALNCAKS
aenin INC,
March 14, 1997
'Lomas Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: Evergreen
Dear Mr. Hedges, Honorable Mayor Egan and Eagan City Council Members: Blomquist,
Masin, Wachter and Awada:
At the February 18, 1997, City Council meeting, a motion was passed to table consideration
Of the preliminary plat of Evergreen in order to further investigate the feasibility of a second
paved access road out of the proposed new neighborhood. The purpose of the second paved
access road would be to alleviate traffic movement through the Pines Edge neighborhood
north of Evergreen.
Three altemate traffic routes have been studied. One, the extension of 120th Street to the
west and intersecting with State Highway 3. Secondly, an extension of the proposed Spruce
Street westerly through the Marotzke homestead, (on the north side of their home), and
connecting to Biscayne Avenue. And lastly, the black topping of 120th Street and Gun Club
Road to Biscayne Avenue.
The neighbors to the north in the Pines Edge and Weston Hills developments have expressed
concerns that traffic movement through thein area will be a disruption to their "every day"
existence and a safety concent for children and pedestrian movement. The neighbors are
concerned with both short term construction traffic and long term traffic movement and
patterns.
No matter what solution is agreed upon for a second paved Ingress and egress, Royal Oaks
Realty will work with the City to restrict our construction traffic through Weston Hills and
Pines Edge. Surveyors, tree movers, site grading contractors (Royal Excavating, owned by
Royal Oaks Realty), utility contractors, gas, electric, tiolephone and cable TV conaactors,
concrete trucks and blacktop pavers, will all be notified by letter and a map stating access to
the site must be through the Industrial area (Biscayne Avemie). Royal Oaks Realty will also
require all home builders purchasing lots, and their sub -contractors, to use Biscayne Avenue
as access to Evergreen. Temporary signs can be posted near the Red Pine Lane and
4196 Lexington Avenue • Shoreview, Mi
• (612) 483-5518 • Fax (612) 483-5642
R-9?1/. 4835642 03-14-97 11:20AM P002 #18
03/14/1997 10:13 4835642 ROYAL OAKS REALTY IN PAGE 03
-page 2 -
Biscayne Avenue intersection leading traffic through the industrial park. Additional signs
can be put up at the end of Sycamore Drive stopping constructiontraffic from going north
into Pines Edge. We are confident that 95 % of the construction traff a can be controlled.
The best long range plan to relieve traffic movement out of this area of the City, at least on
paper, is the extension of 120th Street to State Highway S. Problems do exist with bringing
this idea to fruition and at best, it is a "long range plan.' Roadway right of way would have
to be dedicated from properties located in the City of Rosemount. The construction of 120th
is not a high priority or need to the City of Rosemount. The roadway extension would
require the purchase and removal of at least one home. A railroad crossing permit for a new
at grade crossing would have to be obtamcd and coordination with the Minnesota Department
of Transportation would also be necessary. The likelihood of this new road in the next 5 to
10 years is doubtful. Eagan cannot restrict all new development in this area of the City until
such time that 120th Street is extended to Highway 3.
Extending Spruce Street through the Marotzke homestead property is the least expensive
solution to this traffic movement problem. A temporary paved rural street section would be
const=ted through Earl and Doris Marotzke's ten acres, between the north side of their
home and the City's Hidden Corner Park land, connecting to Biscayne Avenue. The road.
would be vacated and reconstructed sometime in the &Mre when the Maromke homestead is
sold and a subdivision plan for new lots and streets is proposed. The property line between
Hidden Corner Park and the Marotzka home has been surveyed and staked. A temporary
road extension of Spruce Street would put the roadway 45 feet from the backstop in the park
and 20 feet from the Marotzke home. Numerous large pine trees would have to be cut down
for the temporary road.
The third alternative to the traffic movement issue would be to require the blacktopping of
Gun, Club from Biscayne Avenue to the south and 120th Street to the southerly entrance
(Pine Lane) into Evergreen. This alternative, although longer and more expensive, is
favored by Royal Oaks Realty and the Mamtzke family. It is not a "temporary" roadway
improvement and the benefit would go beyond the requirement of providing a second paved
access road out of Evergreen. The new paved access will also provide a more direct
alternate route to Highway 3 Brom the nearby rural homesiees in the Cities of Inver Grove
Heights and Rosemount. It will also ease the maintenance burden for this road on, the Cities
of Eagan and Rosemount.
During the summer of 1997, the key solution will be to control construction traffic. Model
home construction would begin in late summer with none or very few home occupancy
permits in 1997. The majority of the "site" construction would be completed in 1997.
Depending upon market conditions, home construction would continue over four or five
summers. Construction traffic will peak in year three (1999) and decrease each year after
until the neighborhood is established. The second paved access goad will provide for the
disbursement of traffic out of Evergreen and surrounding properties. Ultimate neighborhood
traffic into Pines Edge from Evergreen will not exceed roadway design and limitations.
R-97% 4835642 03-14-97 11:20AM P003 918
03/1411997 10:13 4835642 ROYAL OAKS REALTY IN PAGE 04
-page 3-
A, second neighborhood meeting was held the evening of 'Tuesday, March 11, 1997, at which
time our proposal to control construction traffic and pave 120th and Gun Club Road was
presented. Six neighbors were in attendance, three of which live north of the Red Fine Lane
and Weston Hills Drive intersection. Two others live on White pine Way. The neighbors
are most concerned about the intersection of Red pine Lane and Weston Hills Drive and the
"funnelitrg" of traffic to the school and park. They continue to raise a larger issue beyond
the traffic impact of Evergreen. They are most concerned with the Global Joint Powers
Agreement with the City of Inver Grove Heights and the anticipated traffic towards Red pine
School from homeowners in Inver Grove Heights.
At our meeting on Tuesday night, four of the neighbors suggested that the way for Royal
Oaks Realty to get the support of the neighbors was to agree to putting a barricade up on
Sycamore Lane between the Evergreen and. pines Edge neighborhoods. The permanent
barricade would require -4g traffic to and from Evergreen to use Biscayne Avenue through
the adjacent industrial zoned area.
We do not accept the idea of placing a barricade on Sycamore Lone as a solution to the
traffic issue. ,First, it will severely hamper our ability to market lots for sale with the only
access through the industrial area. If the barricade is required, the property values will be
substantially less. Upon completion of the neighborhood, future residents of Evergreen will
petition the City to remove the barricade. And, as already been stated by the City Staff, that
even projecting a 100% of the traffic movement from Evergreen north into Pines Edge will
not over burden the design capacity of the local residential streets.
It is our opinion that our efforts to control construction traffic and our proposal to pave one
half utile of gravel roads is a responsible method of min,�mizing the traffic impact on the
Pines Edge neighborhood. Not allowing any traffic from Evergreen into Pines Edge is not
acceptable. We look to the City Council for Audings of fact to approve the rezoning and
preliminary plat of evergreen.
Yours truly,
Michael J. Black
Project Manager
Land Development Division
R-97% 4835642 03-14-97 11:20AM P004 #18
WEST END
HUNTING & FISHING CLUB
March 11, 1997
Ms. Pamela Dudziak
City Planner
Eagan Municipal Center
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Ms. Dudziak,
It has come to our attention that Royal Oaks Reality is requesting approval of a Preliminary Subdivision
and rezoning of 20 acres for the Evergreen housing development.
We certainly do not oppose development and want to continue on being good neighbors. However,
given the fact that the proposed development is just east of our club's property, we would like to take
some precautionary measures so that new home buyers are not surprised or upset to learn of our
existence after the construction of their new home.
Consequently, we request that the Council require within the general conditions for approval, that the
developers, and Realtors involved with the developer, provide disclosure of our club's existence to all
perspective home buyers. Without proper disclosure, we fear the same scenario of Westin Hills residents
learning after the fact of our location and existence could be repeated.
Should you agree with our attempt to give notice, we would appreciate the Council discussing the
possibility of this condition becoming a standard procedure for all new developments within a
determined distance of our club.
Lastly, the new (June 18, 1996) zoning map shows our club as a "Park. " We are currently zoned a
Public Facility, not a Park. The main concern about this error is that it may mislead perspective home
buyers. Is there a way that the current map could reflect the error by attaching or writing in a correction?
If you have any questions about our request or would like additional information, please do not hesitate
to call me at (612) 643-6601.
Thank you for your assistance.
Respectfully,
ROBERT F. HOSCH
BOARD MEMBER
CC: Eagan Small Business Association
RFH:ks:MAYOR ---77
P.O. Box 494 0 Rosemount, Minnesota 55068 0 612/423-2429
March 9. 1997
Brian and Monica Hedtke
550 White Pine Wav
Eagan, MN 55123-4900
(612) 322-4567
Submitted to:
City Council, City of Eagan
Mayor Tom Egan, Council members: Pat Awada. Bea Blomquist. Sandra Masin. Ted Wachter
3830 Pilot Knob Road
Eagan. MN 55122
Subject: To Proposal to Rezone for Evergreen Residential Development
Our family has lived in Eagan for 9 years now. We love Eagan, the many parks that we use are wonderful.
We feel safe living here. The schools are great! We have a Junior in Eagan Senior High, a 7th grader in
the Dakota Hills middle School, and two at Red Pine Elementary School. a 4th grader and a
Kindergarten. We moved to the Pines edge Addition in knowing we would be living in the community of
Eagan. Monica's job is a Family Child Care Provider and has been taking care of the neighborhood
families children for the past 5 years. Our other house was getting too small for her growing business.
You have numbers of cars that generate for a normal household. Please take in account on this street of
White Pine Way that there is two License Day Care Homes that generate more traffic than the normal
household Our oldest now drives and has her own car. And all of her friends also come here with their
own cars. We have 12 Day Care children that come and go Monday through Friday with the added flow of
cars for drop off and pick up times and the times they'll pick up and drop off for the extra dentist and
doctors trips. I also have Johnson's Home Del. come every week to drop off the big supply of milk that we
use each week. I also have Roxys Food and Crafts Del. service and the Swanson Service Del. Our Two
youngest walks to and from school along with some of the Day Care children that goes to Red Pine
School. And next year I will be having two more kindergartners walk. Our 4th grader loves to walk home
with his friends from school the route of Red Pine Lane to Weston Hills Dr.
Our concern is there is too much traffic flow through here already. And our development is not done
building yet. We feel a second exit plan needs to be put into a plan before the development starts. If the
development is putting in nice homes like ours. These families have nice cars. They will use a black top
road than a dirt road, so they won't wreck there cars. If the concern of the developer is not to have the
people drive through the building area than a road to Hwy 3 would be great. To allow less traffic on Red
Pine Lane. At the one meeting Monica went to, the developer made a comment that the homes will be
nice homes and going through the Building area was not so great. We all have nice and expensive homes
in this development. We drive past the buildings every day, seeing barbed wire fence that's not the
greatest to see. And seeing the buildings when we drive on Red Pine Lane Road and We can see the
Buildings out our bed room windows, our family room windows. and our kitchen windows. We choose to
live here knowing that those building were going to stay. We haven't any problems with them. And they
even fix them up a little. We were the first ones to build on our street. We know how much traffic can be
in the developing stage. The huge trucks and the added business vehicles and also all the workers. All
these vehicles do not look for small people walking in the street because there is no sidewalks for the kids
to use. I hope these trucks will have another entrance and exit plan for them to use while they are
developing the area.
Please listen to our concerns.
Thank You
Sincerely
Brian and Monica Hedtke and all their children t take care of.
EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 18, 1997
PAGE 7
REZONING & PRELIMINARY SUBDIVISION - ROYAL OAKS REALTY
City Administrator Hedges provided an overview on this item. Senior Planner Freese gave a staff
report.
Mike Black, representing Royal Oaks Realty, addressed the City Council and discussed the
accesses to the property. He stated that the best long term resolution of the access issue would be to
provide another connection to TH 3 in the future, which would most likely be the extension of 120th Street.
He said the access issue should not hold up their development. He expressed his appreciation for the
excellent job staff did in providing a compromise regarding the tree issue. He further said they will try and
save as many trees as possible. He said that they will pay the necessary assessments. He questioned
the need for the Marotzkes to be assessed for the two sewer and water charges and the storm water fee
since they are not hooking up to sewer and water nor are they developing the 20 acre parcel at this time.
Director of Public Works Colbert stated that the Code requires that trunk area charges be collected at the
time of development or the time of connection, whichever occurs first. He said the Council would need to
determine if the two large outlots are considered to be part of the development or whether they are being
included for convenience of legal description. Mayor Egan stated that he understood the rationale that the
outlots be included for the purpose of legal description.
Councilmember Blomquist asked if the applicant would be agreeable to using a second access to
avoid large construction trucks using residential streets causing excess wear and tear and also creating
a safety hazard through Pines Edge. Mr. Black stated that they would be willing to work with staff on that
issue. He added that they could travel on the gravel road through the industrial park to move in the heavy
equipment. He further added that once construction starts it may not be prudent to continue to use the
gravel road. He noted that at some point they will need to go through the neighborhood, but he said they
will make every attempt to work with staff to direct traffic out of the Pines Edge neighborhood.
Howard Norris, 558 White Pine Way, commented that many of the residents do support the
Evergreen development but he added they are concerned with safety due to the increased traffic. He
further added that they are concerned that there is only one access point and he said they support a
secondary access and rerouting of construction equipment. He asked about enforcement measures to
ensure the construction equipment would be hauled in via a temporary access. He said the residents
support the extension of 120th Street to TH 3.
Tom King, 4800 Weston Hills Drive, stated that the increased traffic will create a safety concern
for the children. He added that last year the City Council approved the installation of stop signs in the area
even though the warrants were not met because the intersection of Red Pine Lane and Weston Hills Drive
is dangerous. He further added that another access to TH 3 needs to be provided.
Leonard Fields, 4725 Weston Hills Drive, stated his concern with increased traffic and the speed
of the traffic. He said that the construction equipment will not utilize a gravel road vs. travelling on a paved
road.
Chuck Warnert, 4724 Weston Hills Drive, stated that last summer the City Council imposed parking
restrictions on Weston Hills Drive for safety reasons and he said that the safety problems will be
compounded if a secondary access is not available.
Brian Nevanen, 555 White Pine Way, said that the gravel road will not be used unless it is paved.
He noted that the only way to route traffic through the development is to have a flag person available at
17
EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 18. 1997
PAGE 8
the developer's expense.
Jeff Rogers, 4812 Weston Hills Drive, commented that it would be best to extend 120th Street to
provide a second access.
Randy Miller, 4838 Sycamore, reiterated that most of the neighbors do not oppose the proposed
development, but they want to ensure that a secondary access is provided to TH 3 by extending 120th
Street.
Deb Griffith, 542 White Pine Way, stated she was concerned for the safety of the children.
John Young, commercial property owner on Biscayne Avenue, discussed the access issue and said
that 120th Street seems to be the most natural point for an intersection with TH 3. He suggested that the
Cities of Eagan and Rosemount and the neighbors discuss the issues and possible solutions at a joint
meeting. Mayor Egan noted that this development may serve as the catalyst to get the City of Rosemount
to consider what they will develop on their northern boundary.
Councilmember Wachter requested the name of the development be changed since there is already
an Evergreen development in the City. He questioned where the City of Inver Grove Heights wants a stub
located. He said the ideal situation would be for the owners of the property to develop the entire 40 acres.
He further said that he would only support this development if 120th Street is improved. Councilmember
Awada asked about extending Spruce Street to the north. Councilmember Wachter stated that this road
would go through the Marotzke's property.
Reid Hanson, attorney representing the Marotzkes, stated that they feel the Planning Commission
arrived at the proper solution and would not agree to putting the road through their property. He said that
paving Gun Club Road through the industrial park would not be an access used by most residents. He
talked about the possible alternatives for a second access. He added that the additional daily trips do not
exceed the appropriate residential road limits.
Councilmember Awada stated in regard to the extension of 120th Street it would not be possible
to assess anyone in Rosemount for a street with curb and gutter.
Mayor Egan noted that letters and phone calls were received from the residents and they appear
to like the plat subject to the proper access. He reiterated that the Marotzke's ten acres they intend to
remain on are included as part of the legal description as a matter of convenience. He said that to the
extent that there are any utility services incorporated into this plat which do not service the Marotzke's
property he would prefer to defer the assessments. He further said that if a road traverses their property,
the road should be assessed against their property. He noted that the applicant has met the intent of the
Tree Preservation Policy and he said he would be willing to defer on any subsequent tree preservation
requirements after the rough grading is finished. He commented that a secondary road access is vitally
necessary and he supported the extension of 120th Street. He explained the reasons he supported a
second access. He stated that the developer should only pay a proportionate share of the cost of the
second access. He added that the access issue needs to be discussed with the City of Rosemount to
arrive at a viable solution. Councilmember Blomquist supported Mayor Egan's recommendation to extend
120th Street.
Councilmember Awada stated she is unsure if the extension of 120th Street would be possible and
she mentioned rerouting traffic through the Marotzke's property. Mayor Egan noted that condition 10 in the
staff report anticipated another improved street outlet be provided in addition to White Pine Way. He said
he did not have a preference as to where it exists, but it should bypass the area of the Marotzke
EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 18, 1997
PAGE 9
homestead to the north. Director of Public Works Colbert stated that MnDOT desires to remove all access
points to TH 3 except for Cliff Road, Red Pine Lane, 120th Street and C.R. 38.
Councilmember Masin said she wanted to have a second access to protect the area around Red
Pine School. She stated that sidewalks need to be installed to ensure the safety of the children and a
policy should be adopted.
Mr. Black stated that restricting development of the property until a second access is obtained will
take a lot of planning and coordination with other agencies. Councilmember Awada said that some
Councilmembers would be agreeable to another secondary access other than an access to TH 3. Mr.
Black noted that the Marotzkes will not accept the option of putting a road through their property. He
further noted that they could come up with a plan for their cost of paving 120th and Gun Club Road. He
stated that both options are only temporary and further development of the area will require a long-term
solution. He added that it will take three to four years to complete the home construction in their
development and full traffic movement will not occur until that time. He said that requiring construction
traffic to utilize the gravel road could be accomplished by including it in the developers agreement.
Councilmembers discussed other possible alternatives. Councilmember Masin asked if the item
could be continued to resolve the access issue. Mr. Hanson stated that the Marotzkes did not want the
Council to rezone their property unless the access issue can be resolved. Councilmember Blomquist asked
if the Council would have enough time for action within the 60 day timeframe. City Attorney Sheldon stated
that the 60 days, unless extended by agreement of the City and the developer, would require action at
tonight's meeting. Mr. Black said they would be willing to extend the timeframe.
Councilmember Awada moved, Councilmember Masin seconded a motion to continue rezoning and
preliminary plat consideration to the March 18, 1997 City Council meeting, at the petitioner's request, to
research with the property owner in Rosemount the feasibility of extending 120th Street. Aye: 5 Nay:
0
Director of Public Works Colbert indicated that it will be necessary to close off Mike Collins Drive
north of Yankee Doodle Road beginning tomorrow for two days to repair sewer service for Dominoes Pizza.
Councilmember Blomquist stated that she found no supporting evidence in the minutes that the City
Council directed proposals to be solicited for a national legal and professional airport consultant for cost
consideration by the City Council. Mayor Egan requested that the information be provided to the Council
for review. Councilmember Blomquist requested that the City Council include a fourth category in the
budget format which would include zero base less a certain percentage. Discussion occurred whether a
fourth category should be included in the budget format. Councilmember Masin said that Councilmember
Blomquist should first become accustomed to the budgeting process with the zero base before suggesting
any changes. Mayor Egan noted that the City of Eagan has one of the lowest per capita expenditures in
Dakota County and is rated 84th lowest out of 96 cities. Councilmember Awada stated that the City of
Eagan does have one of the lowest budgets, but she added she would be willing to support the exercise
of adding a fourth category. Mayor Egan said that the City Administrator and City staff have many more
important things to do and this is not a high priority. More discussion followed on the staff time and
purpose for including a fourth budgetary scenario.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to direct staff to add
a fourth category (zero base less another 5%) for all departments with the exception of Police in
preparation of the 1998 General Fund Budget. Aye: 5 Nay: 0
F�
Page 5
January 28, 1997
ADVISORY PLANNING CONMSSION
REZONING & PRELIMINARY SUBDIVISION
ROYAL OAKS REALTY
Commission Chair Heyl opened the next public hearing of the evening regarding a
Rezoning of 20 acres from Agricultural to R-1 (Single Family) and a Preliminary
Subdivision (Evergreen) of 55 lots and one outlot on 40 acres located north and east of
Gun Club Road, abutting the Inver Grove Heights border in the SEV4 of Section 36.
Planner Dudziak introduced this item. Ms. Dudziak highlighted the information
presented in the City staffs planning report dated January 23, 1997. Ms. Dudziak noted
the background and history, the existing conditions and the surrounding uses of the
subject property.
The applicant's representative, Mike Black, commended City Planning staff and
stated that they were "excellent to work with" and that it was a "very good experience".
Mr. Black stated that the staffs report and presentation accurately reflects the proposal.
Mr. Black stated that the applicant has two concerns. First, he stated that it is the
applicant's position that a second access to the eastern development of the parcel is not
needed at this time. Mr. Black further stated that requiring the extension of Spruce Street
through the western half of the parcel will interfere and pass too close to the existing
house and out buildings on the northwest portion of the parcel. He further stated that an
extension of Spruce Street to Gun Club Road would require ingress and egress to the
development through an industrial area which he stated would not be a desirable gateway
to the development. Mr. Black further stated that it is not necessary at this time to extend
120th Street to Highway 3 because the Marotzkes intend to stay on the western portion
of the property for the rest of their life with no intent to develop and therefore it would
only serve the eastern half of the parcel. Mr. Black acknowledged that the proposed
development will increase traffic through the development to the north of the site, but
argued that the increased traffic will not exceed the threshold for the road design. He
further noted that the proposed development has a four to five year completion projection
date and thus any increase in traffic through the development to the north will be very
gradual. Mr. Black noted, however, that if an extension or additional access from the site
is required, the most feasible option would be the extension of 120th Street to Highway 3
which would then serve any future development of the western portion of .the subject
property, in addition to the development of the property to the west and south.
Mr. Black further stated that the applicant objects to the financial obligations
regarding the connection charges and requests that the allocation be equitably divided
between the two parcels. Mr. Black stated that in response to the request by Earl Bester,
the property owner to the south of the subject property, that sanitary sewer be stubbed to
WCW
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ADVISORY PLANNING COMMMSION
the south for availability to Mr. Bester's property, Mr. Black stated that the applicant will
cooperate to resolve this issue with Mr. Bester and the Cities of Rosemount and Eagan.
Commission Chair Heyl noted the Commission's receipt of two letters from
surrounding residents who expressed concern regarding the' increase of traffic or
vehicular volume through Pines Edge Addition as a result of the proposed development,
the lack of notice to all residents in the area, the construction vehicle traffic through their
neighborhood to the subject site and the additional wear and tear on their streets as a
result of the traffic from the proposed development.
In response to Member Miller's inquiry, Design Engineer Gorder advised the
Commission that there is currently no analysis regarding the feasibility of 120th Street
being extended to Highway 3, but noted that 120th Street is earmarked for access to
Highway 3 by MnDGT, which will not allow Gun Club Road access to Highway 3 due to
Red Pine Lane's previously approved access.
A resident of Lakeville who owns commercial property on Biscayne Avenue,
discussed the development and the issue of access.
A resident of 2009 - 120th Street West, Rosemount, stated that he owns 10 acres
along the southeastern portion of the site and expressed concern regarding runoff from
the site. The resident further noted that the area in which the proposed Lots 4 and 5 arc
located have flooded in the years past. The resident further stated that the extension of
120th Street would be acceptable because it would keep the traffic in the area moving.
A resident of 558 White Pine Way spoke on behalf of the neighborhood residents.
The resident stated that the neighbors are not opposed to the proposed development, but
oppose the proposed single egress from the development through their neighborhood. The
resident further stated that the neighborhood residents believe that the 350 -foot notice
requirement is insufficient to give all affected residents notice of the proposal. The
resident also stated that the residents are concerned about the construction vehicle traffic
through their neighborhood. In response to the resident's question, Planner Dudziak
advised that the 900 -vehicle count included the existing traffic from the Pines Edge
Addition, plus the projected traffic from the proposed development. The resident
concluded that an extension of 120th Street to Highway 3 is the most prudent option,
stating that it will remove resident traffic -from having to go through -the industrial area,
the Pine Edge Addition and permit direct access to Highway 3.
Reid Hanson, the attorney for Earl and Doris Marotzke, explained to the
Commission that the Marotzkes want to develop the eastern 20 acres and keep the
western 20 acres as it currently exists and continue to live on that property. Mr. Hanson
proposed that the City allow the Marotzkes to leave the access options open by stubbing
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January 28, 1997
ADVISORY PLANNING COMMISSION
the streets on the plat which would allow future extension of the streets upon
development of the western portion of the parcel. Mr. Hanson noted that the residents
concern regarding construction traffic can be addressed in the Development Contract and
they will work with the developer to avoid any inconvenience to the northern neighbors.
A resident of 554 White Pine Way suggested that Gun Club Road be extended to
Highway 3, but Design Engineer John Gorder advised the Commission that MnDOT will
not approve Highway 3 access from Gun Club Road. A resident of 539 White Pine Way
expressed concern about drainage from the northern portion of the site into Pine Edge
Addition. Mr. Black stated that the northern property line is located at a higher elevation
than the southern sites of Pines Edge Addition. Mr. Black added that the drainage will
move in a east/west direction and that upon staffs recommendation, additional catch
basins in the northern portion of Sycamore Drive will be installed.
Commission Chair Heyl closed the public hearing and brought the matter back to
the Commission for discussion.
Member Miller stated that although the proposed 55 single-family home sites is
not a huge development, the resulting traffic patterns are worthy of investigation before
any development of the site begins. Member Miller stated that it is his desire to have a
comprehensive traffic pattern with multiple access points from the development in place
before development of the site. Member Frank stated that with the Weston Hills
development, 132 lots traveled north to get to Cliff before Red Pine Lane was
constructed. Member Frank stated that he supports requiring an upgrade or street
extension improvements upon the development of the west side of the parcel. Member
Frank expressed concern with the tree preservation ordinance in this case, reasoning; that
if no development was to occur, the trees could be removed as part of the nursery
business without any consequences. Member Frank noted that the traffic from the
proposed development through Pines Edge Addition is indeed inconvenient to those
residents but with development inconvenience will occur. Commission Chair Heyl stated
that the access issue should be resolved before any development is allowed and does not
support all the traffic winding through Pines Edge and past the elementary school. She
stated that a 55 single-family development is too intense for one access through another
residential neighborhood or via a gravel road. Member Heyl suggested that two
conditions be added -to the preliminary subdivision, namely (1) that Spruce Street and
120th Street be upgraded and improved prior to the development of the subject site; and
(2) that a pedestrian trail 'be constructed along Spruce Street for pedestrian traffic to the
school and park. Member Carlson concurred with Member Frank and Commission Chair
Heyl with respect to the need to resolve the access issue. Member Bakken also concurred
with the other Members, noting that an extension of 120th Street appears to be the most
feasible option.
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January 28, 1997
ADVISORY PI ANNING C;ONWISSION
Member Bakken moved, Member Frank seconded, a motion to recommend
approval of a Rezoning of 20 acres from Agricultural to R-1 (Single Family).
All approved in favor.
Member Bakken moved, Member Heyl seconded, a motion to recommend
approval of a Preliminary Subdivision (Evergreen) of 56 lots on 40 acres located north
and east of Gun Club Road, abutting the Inver Grove Heights border in the SE 114 of
Section 36, subject to the conditions listed in the staff report, including an amendment to
Condition #4 regarding elimination of the oudot, and contingent upon an extension of
120th St. to connect to Hwy. 3.
Member Frank stated that it puts an undo hardship on the developer to either deny
or condition the subdivision approval with a requirement that an additional access be
provided when the number of proposed single-family homes do not warrant it. Member
Miller added that the City needs to investigate whether a 120th Street extension is the
answer and if Rosemount will cooperate in that venture. Member Frank stated that he
concurred with Member Miller.
All approved in favor except Members Carlson, Miller and Frank opposed.
Member Miller moved, Member Frank seconded, a motion to recommend approval
with an Condition No. 10 amended to state that an improved secondary access must be
provided before the westerly 20 acres (Lot 13 or 14, Block 4) can be further subdivided.
Standard Conditions
I . The developer shall comply with these standard conditions of plat approval as
adopted by Council on February 3, 1993: A 1, B 1, B2, B3, B4, C 1, C2, C3,
131, E1, 1-11.
2. The property shall be platted.
3. Lots 4 and 5, Block 2, arc approved with a variance to lot width as shown on
the Preliminary Plat dated December 17, 1996, last revised December 31, 1996.
4. Outlot A shall be eliminated in the Final Subdivision, either incorporated as
part of Lot 14, Block 4, or enlarged to minimum R-1 standards as Lot 5, Block
1.
Gradin Storm Drainage
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January 28, 1997
ADVISORY PLANNING C:OMMISSLON
5. The outlet pipe from the proposed water quality pond to Pond LP -23 shall be
extended to the normal water level of Pond LP -23.
6. Storm sewer and catch basins shall be provided at the intersection of Sycamore
Drive and Spruce Street.
Wetlands/Water Quality
7. The development shall meet its water quality mitigation requirements through
construction of a detention pond. The design of the pond must be approved by
the Water Resources Coordinator.
8. An ungraded buffer at least 15 feet in width shall be maintained around the
wetland on the western parcel.
9. Filling or draining of wetlands shall be prohibited.
Access/Street Desi
10. The westerly 20 acres of the subject site (Lots 13 and 14, Block 4) shall not be
further subdivided until a secondary improved street access is provided.
Easements/Riuhts of Wav/Permits:
11. A ponding easement shall be dedicated over Pond LP -23 on Lots 13 and 14,
Block 4 to cover the high water level plus three feet.
Tree Preservation
12. 431 trees shall be transplanted to Hidden Corner Park, Red Pine Elementary
School, and to within the Evergreen development site in the distribution as
outlined above. The developer shall arrange for and bear the cost of all
transplant operations. The developer will not be responsible for maintenance
of trees transplanted to public property. The developer will be responsible -for
maintenance of trees transplanted within the development site according to the
provisions of the City's Tree Preservation Ordinance.
13. Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) shall
be installed at the Drip Line or at the perimeter of the Critical Root Zone,
whichever is greater, of significant trees/woodlands to be preserved.
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January 28. 1997
ADVISORY PLANNING CON MISSION
14. The developer shall contact the City Forestry Division at least five days prior to
the issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
15. An Individual Lot Tree Preservation Plan shall be required at the time of
building permit application for those lots not graded during the initial site
development: Lots 1-3, Block 1; Lets 1, 6-13, & 16-17, Block 2; Lots 6-13, &
16-20, Block 3; and bots 3-12, Block 4.
All approved in favor except Commission Chair Heyl and Member Bakken
opposed. Commission Chair Heyl stated that she opposed the motion on the basis that the
access issue needs to be addressed now with the proposed additional 55 homes and not
after when more development will occur.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: January 23, 1997
APPLICANT: Royal Oaks Realty, Inc.
PROPERTY OWNER: Earl & Doris Marotzke
CASE: 36 -PP -25-12-96
36-RZ-23-12-96
HEARING DATE: January 28, 1997
PREPARED BY: Pamela Dudziak
REQUEST: Preliminary Subdivision (Evergreen) and Rezone from A to R-1
LOCATION: SE 1/4 of the SE 1/4 of Section 36
COMPREHENSIVE PLAN: D -I, Single Family (0-3 units/acre)
ZONING: A - Agricultural
SUMMARY OF REQUEST
Royal Oaks Realty is requesting approval of a Preliminary Subdivision consisting of
approximately 40 acres of unplatted property to create 55 single-family lots and one outlot, and a
Rezoning of approximately 20 acres from Agricultural to R-1 Single -Family, for property located
east of Gun Club Road in the SE 1/4 of Section 36.
AUTHORITY FOR REVIEW
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and
the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:"
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable plans
of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage,
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of the development.
E. That the design of the subdivision or the proposed improvements 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.
Planning Report - Evergreen
January 28, 1997
Pase 2
G. That the design of the subdivision or the improvements will not conflict with easements of
record or with easements established by judgement of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use within
the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar
Access).
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain document
entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed
Management Organization" which document is properly approved and filed with the office
of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said
document and all of the notations, references and other information contained therein shall
have the same force and effect as if fully set down herein and is hereby made a part of this
Chapter by reference and incorporated herein as fully as if set forth herein at length. It
shall be the responsibility of the City Clerk to maintain the Water Quality Management
Plan and make the same available to the public.
BACKGROUND/E ISTORY
The Marotzke's have lived on and owned this property for many years. They currently keep horses
on the property and have several outbuildings in addition to their home on the northwest corner of
the site, and another residence on the southwest portion of the site. Until recently, the east half of
this site was operated as an active tree nursery. The single-family residential neighborhood to the
north (Pines Edge) was developed in 1994, and soon thereafter Red Pine Elementary School was
constructed and public park recreational facilities were installed to the north of this site. Sycamore
Drive and utilities were stubbed to the northern boundary of this site with the development of Pines
Edge to the north. Northwest of this site is the Biscayne Avenue industrial district which spans the
east and west sides of Biscayne Avenue. Biscayne Avenue was improved to a paved surface in
1996.
EXISTING CONDITIONS
The 40 acre site is consists of two unplatted parcels. There are two existing residences located in
the northwest and southwest portion of the site. The east 20 acres of this site has been an active tree
nursery for many years; consequently, there are many trees on the site, primarily conifers, all
planted in rows and of varying size and maturity. The topography is best described as gently
rolling and there is an existing wetland in the central part of the west 20 acres of the site. The site is
bounded on the west and south by Gun Club Road and 120th Street, both unimproved gravel roads.
M,
Planning Report - Evergreen
January 28, 1997
Page 3
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North: Pines Edge subdivision, single-family residences, Zoned R-1 and Guided D -I; City Park
and Red Pine Elementary School, Zoned P (Public) and Guided PF (Public Facilities);
Various Industrial Buildings, Zoned I-1 (Limited Industrial) and Guided IND (Limited
Industrial)
South: City of Rosemount, single-family residence, Zoned Agricultural Preserve, Guided Rural
Residential (5-10 acre unsewered lots)
East: City Inver Grove Heights, single-family development (5-10 acre lots); Zoned A -
Agricultural, and Guided R -A, Residential -Agricultural (5 acre lot size).
West: Immediately adjacent land to the west is Zoned A, Agricultural and Guided D -I, Single -
Family 0-3 units/acre. Beyond that to the west is the Gun Club which is Zoned P, Public
and Guided D -I, Single -Family.
EVALUATION OF REQUEST
The Preliminary Subdivision includes platting all 40 acres of this site, with the west 20 acres as two
ten acre lots. The east 20 acres will consist of 53 single-family lots and one outlot. The rezoning to
R-1, Single -Family, is requested for the east 20 acres only, with the west 20 acres retaining the
current Agricultural zoning classification. Unless otherwise specified, the analysis in this report is
focused on the proposed development and rezoning of the east 20 acres of this site.
Rezoning
The oldest zoning map in City records dates back to 1960 and shows this property as Agricultural.
Subsequent maps all show this property zoned Agricultural. The Comprehensive Guide Plan has
designated this property D -I, Single -Family Residential (0-3 units/acre) since 1987. Prior to that,
the property was designated R -II, Mixed Residential (3-6 units/acre). The request to rezone the east
half of this site to R-1 is consistent with the D -I designation in the City's Comprehensive Guide
Plan.
Preliminary Subdivision
Compatibility with Surroundin=g Area - This property is designated for D -I residential development
at a density of up to three units per acre. Surrounding development to the north, south and east is
also residential. The adjacent land in the cities of Rosemount and Inver Grove Heights is zoned
Agricultural or Agricultural Preserve and is guided Rural Residential or Agricultural. These zoning
and land use designations allow 5 to 10 acre lots and assume that the property will not have sewer
or water service.
Phasing - The development is proposed to be completed in one phase, beginning in the spring of
1997.
Planning Report - Evergreen
January 28, 1997
Page 4
Densi - The 53 lots proposed to be developed on the east half of the site result in a gross density
of 2.6 units per acre. The two existing residences will remain on the west 20 acres. Based on the
current Comprehensive Guide Plan designation of D -I, the west 20 acres has potential for future
residential development at a density of up to three units per acres.
Lots - The R-1 zoning district requires a minimum lot area of 12,000 square feet, and minimum lot
width of 85 feet at the front building setback line, and 50 feet of street frontage. The lots within this
proposed subdivision average 12,721 square feet in area and range from 12,012 to 20,453 square
feet. Lot width ranges from 85.5 to 102.7 feet. Lots 4 and 5 of Block 2 in the southeast corner of
the development satisfy the street frontage minimum Of 50 feet, however, because these two lots are
located on a curve, they are narrower at the front and wider at the rear. The lot width at the building
setback line is about 80 feet. For this reason a lot width variance is needed for these two lots. Both
of these lots should be able to accommodate a reasonably sized dwelling and still satisfy side yard
building setbacks. To avoid tax forfeiture, the proposed outlot should be eliminated and the land
incorporated into the adjacent Lot 14, Block 4.
Setbacks - All lots, except Lots 13 and 14, Block 4, shall meet minimum required building setbacks
in the R-1 zoning district. Required R-1 setbacks are 30 feet for the front yard, 15 feet for the rear
yard, and ten feet for side yards (five feet for a garage).
Landscaping - As stated previously, this site has been a tree nursery for many years. Many of the
trees on the site are of a size which is conducive to transplanting. The developer proposes to
transplant many of these smaller trees within the site. This is discussed in greater detail in the Tree
Preservation section of this report.
Grading
JStorm Drainage - The preliminary grading plan is acceptable. The site has rolling
topography and generally slopes toward the existing wetland west of the development.
The preliminary storm drainage plan is acceptable with some modifications. Storm water runoff
from the development will be directed via storm sewers to a water quality pond to be constructed
on the west half of the site. This water quality pond will drain to a wetland also located on the west
half of the site. This wetland is a part of Pond LP -23, a Class 5 nutrient trap storm basin. Pond LP -
23 drains west to Lebanon Hills Regional Park.
As shown on the preliminary storm drainage plan, the outlet pipe from the proposed water quality
pond to Pond LP -23 is proposed to discharge above the normal water level of Pond LP -23. This
outlet pipe should be extended to the normal water level of Pond LP -23 to minimize potential
erosion.
Approximately 500 feet of Sycamore Drive within the proposed development drains to the north to
catch basins approximately 400 feet into the Pines Edge Addition, resulting in a 900 foot total
distance for runoff. This 900 foot runoff distance exceeds the City engineering standard for
maximum catch basin spacing of 600 feet. Therefore, storm sewer and catch basins should be
provided at the intersection of Sycamore Drive and Spruce Street.
q(
Planning Report - Evergreen
January 28, 1997
Page 5
Wetlands/Water Quality - The development site will generate runoff that eventually will reach
several recreation classified water bodies within Lebanon Hills Regional Park. Because runoff
from the development will reach high priority recreational water bodies in Lebanon Hills Park, on-
site ponding is recommended by the APRNRC (Advisory Parks, Recreation and Natural Resources
Commission).
There are no wetlands within the east half of the site, but there is a 1.6 acre shallow fresh marsh in
the central portion of the west 20 acres. The developer has proposed to locate a treatment pond just
east of this wetland to fully satisfy runoff treatment requirements for the proposed development and
partially satisfy future treatment requirements for the western parcel. The proposed pond location
is on a slope above the wetland. To minimize erosion -related filling of the wetland, intensive
erosion control (to be detailed in the grading plan) will be required and a 20' ungraded buffer
between the wetland edge and the limit of grading will be maintained.
The proposed pond is somewhat larger than would be required to fully satisfy treatment
requirements for the proposed development on the east 20 acres. This pond is oversized so that it
may also be used to pre -treat runoff from future development on the west 20 acres. If this pond is
not sufficient to fully accommodate the runoff from future development on the west 20 acres of this
site, the remaining wet volume to meet treatment requirements would be created by excavation of a
portion of the wetland to which the constructed pond discharges.
The APRNRC recommends the following conditions. 1) The development shall meet its water
quality mitigation requirements through construction of a detention pond. The design of the pond
must be approved by the Water Resources Coordinator. 2) An ungraded buffer at least 15 feet in
width shall be maintained around the wetland on the western parcel. 3) Filling or draining of
wetlands shall be prohibited.
Utilities: The preliminary utility plan is acceptable. Sanitary sewer was stubbed to this site in two
locations from Pines Edge Addition and is available for connection by this development.
Water main is available for connection by this development.
Streets/Access/Circulation: Street access to the site is proposed from two locations -- one from
White Pine Way via an extension of Sycamore Drive to the northeast and the other from 120th
Street to the south. White Pine Way and Sycamore Drive are 32 -foot wide streets constructed with
the Pines Edge development and 120th Street is a rural section gravel roadway. A majority of the
traffic from this proposed development, as well as from future development within Inver Grove
Heights east of Pines Edge, is anticipated to use Red Pine Lane and travel through Pines Edge
Addition via Weston Hills Drive and White Pine Way.
Exhibit B shows the estimated traffic volumes_ on, Weston Hills Drive, a local residential street
within the Pines Edge Addition, without a secondary improved street outlet. Under this scenario,
traffic on Weston Hills Drive is estimated to be over 900 ADT (Average Daily Trips) which
approaches the upper capacity limit of 1,000 ADT for a local residential street. Exhibit C shows
the estimated traffic volumes on Weston Hills Drive with an improved secondary street outlet. A
secondary street outlet reduces the estimated traffic on Weston Hills Drive coming from this
proposed development by 250-300 ADT to a total of about 675 ADT.
Planning Report - Evergreen
January 28, 1997
Page 6
Additional future development which would generate traffic along these same streets would likely
exceed the 1,000 ADT capacity. To provide a traffic outlet so as not to overburden the existing
streets, within Pines Edge Addition, another improved street outlet should be provided with this
development or at such time as the next future development occurs in this area. Potential options
for a secondary improved street outlet are as follows:
a. Extend proposed Spruce Street to the west through Lot 14, Block 4 to Gun Club
Road either as a full urban or rural section paved roadway. A rural section street
could be upgraded to urban standards at time of further development of Lot 14,
Block 4. Gun Club Road from Spruce Street to Biscayne Avenue would need to be
upgraded as well.
b. Upgrade 120th Street and Gun Club Road to urban street standards from the
southeast corner of the site to Biscayne Avenue.
C. Extend 120th Street to TH-3 to align with existing 120th Street west of TH-3. This
option would involve property within the City of Rosemount.
Easements/Permits/RL-ht-of-Wav: A ponding easement should be dedicated over Pond LP -23 on
the west half of the site (Lots 13 and 14, Block 4) to cover the high water level plus three feet.
Tree Preservation - Although the City's Tree Preservation Ordinance was not intended to apply to a
nursery such as this, the ordinance does not exempt any property from the application of the
ordinance. Staff has had several meetings with the developer, Royal Oaks Realty, and their
consultants to discuss the tree preservation issues of this site. A summary of the calculations
involved in the tree preservation analysis is provided in Exhibit A.
To begin, six randomly located, fixed sized sample plots were analyzed and the results expanded
into a total site tree count of 3,055 significant trees. The provisions of the Tree Preservation
Ordinance allow a final initial development phase tree removal of 30.6% which translates to 934
trees. The development as proposed will result in the removal (or displacement) of 1,365 trees,
exceeding allowable removal limits by 431 trees. A strict application of the Tree Preservation
Ordinance would require mitigation of 1,255 Category A trees.
Staff prepared an alternative proposal to address tree preservation issues for this development,
recognizing the uniqueness of this site and for the following reasons. First, the development site is
a "created woodland" where as a tree nursery trees have been planted, sold, and removed for many
years. Second, many, possibly 800 of the trees are conifers about 12 to 15 feet in height which can
be easily transplanted to areas on and near this site. Finally, because of existing site conditions,
resulting mitigation amounts are probably unrealistic. The following Tree Preservation Plan has
been presented to and agreed upon by the developer and recommended by the APRNRC.
Allowable removal for initial development be set at 30.6% of the existing significant trees. The
applicant will mitigate, on a 1:1 basis all trees removed in excess of the allowable limit (431 trees).
This mitigation will occur through the transplanting of 431 trees to areas on and near this
development site. The preliminary transplant plan will be as follows:
93
Planning Report - Evergreen
January 28, 1997
Page 7
Approximate Number
Transplant Location of 12'- 15' Trees
Hidden Corner Park ................................................. 150
Red Pine Elementary* ................................................. 50
Evergreen development site ......................................... 231
Total number of Transplants ........................... 431
*Staff has contacted Red Pine Elementary concerning the possible availability of
trees and they are very receptive to the concept of placing trees on school grounds.
The developer will be responsible for the cost of transplanting all 431 trees. Eagan staff will be
responsible for placement and maintenance of trees placed at Hidden Corner Park. Red Pine
Elementary staff will be responsible for placement and maintenance of trees placed on school
grounds. The actual transplanting operation will occur by outside contractor hired by the
developer, and be performed in the spring before seasonal tree growth begins, and before
development operations begin. The developer will not be held responsible for tree maintenance
following transplanting to public property. The developer will be responsible for maintenance of
trees transplanted within the development site according to the provisions of the City's Tree
Preservation Ordinance.
The APRNRC recommends this Tree Preservation Plan with the following conditions. 1) 431 trees
should be transplanted to Hidden Corner Park, Red Pine Elementary School, and to within the
Evergreen development site in the distribution as outlined above. The applicant will arrange for
and bear the cost of all transplant operations. 2) Tree Protective Measures (i.e. 4 foot polyethylene
laminate safety netting) should be installed at the Drip Line or at the perimeter of the Critical Root
Zone, whichever is greater, of significant trees/woodlands to be preserved. 3) The developer should
contact the City Forestry Division at least five days prior to the issuance of the grading permit to
ensure compliance with the approved Tree Preservation Plan. 4) An Individual Lot Tree
Preservation Plan will be required at the time of building permit application for those lots not
graded during initial site development.
Parks and Recreation - The APRNRC is recommending a cash park and trail dedication. There has
been some discussion about the installation of a sidewalks or trail connection to the park and school
property northwest of this development. Since the east half of this site proposed for development
does not abut the park property and since sidewalks were not installed with the development of
Pines Edge Addition, sidewalks within this proposed Evergreen development would not have a
connection. However, a pedestrian connection to the park property north of this site should be
considered with future development of the western portion of this site.
SUMMARY/CONCLUSION
The proposed development appears compatible with the existing surrounding land uses. The
proposed R-1 rezoning and density of the residential development of the east half of this site is
within the D -I, Single -Family Residential density allowed under the Comprehensive Guide Plan. A
variance is needed for the lot width of Lots 4 and 5, Block 2, but these two lots should be able to
accommodate reasonably sized homes and still satisfy side yard building setbacks. The two ten
acre lots on the west half of this site are consistent with the Agricultural zoning they would retain.
14
Planning Report - Evergreen
January 28, 1997
Page 8
Recognizing the unique conditions of this development site relative to tree preservation, the
APRNRC has recommended a tree preservation which results in the transplanting of over 400 trees
to public property and within other areas of the development site. On-site ponding will be
constructed to satisfy water quality standards. A secondary improved street outlet should be
provided, either with this development or at such time as the next future development occurs in this
area. If the Advisory Planning Commission and City Council determine that a secondary improved
street outlet is necessary with this development, condition #10 should be further clarified as to
which alternative access should be implemented. On the contrary, if the APC and City Council
determine that a secondary improved street outlet is not necessary at this time, condition #10 should
be deleted.
Revisions to the development plans specified in this report can be made prior to Final Subdivision
approval.
ACTION TO BE CONSIDERED
A. To recommend approval or denial of the Rezoning of approximately 20 acres from A,
Agricultural to R- 1,, Single -Family Residential.
B. To recommend approval or denial of a Preliminary Subdivision consisting of 55 single-
family lots, including a variance to the lot width for Lots 4 and 5, Block 2, for
approximately 40 acres in the SE 1/4 of Section 36. Approval should be subject to the
following conditions.
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as
adopted by Council on February 3, 1993: Al, Bl, B2, B3, B4, Cl, C2, C3, D1, El,
Hl.
2. The property shall be platted.
3. Lots 4 and 5, Block 2, are approved with a variance to lot width as shown on the
Preliminary Plat dated December 17, 1996, last revised December 31, 1996.
4. Outlot A shall be eliminated in the Final Subdivision and incorporated as part of Lot
14, Block 4.
Grading/ Storm Drainage
5. The outlet pipe from the proposed water quality pond to Pond LP -23 shall be
extended to the normal water level of Pond LP -23.
6. Storm sewer and catch basins shall be provided at the intersection of Sycamore
Drive and Spruce Street.
Planning Report - Evergreen
January 28, 1997
Paee 9
Wetlands/Water Qualir,
7. The development shall meet its water quality mitigation requirements through
construction of a detention pond. The design of the pond must be approved by the
Water Resources Coordinator.
8. An ungraded buffer at least 15 feet in width shall be maintained around the wetland
on the western parcel.
9. Filling or draining of wetlands shall be prohibited.
Access/Street Design:
10. To provide a traffic outlet so as not to overburden the existing streets within Pines
Edge Addition from a majority of the anticipated traffic from this development, as
well as from future development within Inver Grove Heights east of Pines Edge,
another improved street outlet shall be provided in addition to White Pine Way via
Sycamore Drive.
Easements/RiL,hts of Wav/Pemiits:
11. A ponding easement shall be dedicated over Pond LP -23 on Lots 13 and 14, Block 4
to cover the high water level plus three feet.
Tree Preservation
12. 431 trees shall be transplanted to Hidden Corner Park, Red Pine Elementary School,
and to within the Evergreen development site in the distribution as outlined above.
The developer shall arrange for and bear the cost of all transplant operations. The
developer will not be responsible for maintenance of trees transplanted to public
property. The developer will be responsible for maintenace of trees transplanted
within the development site according to the provisions of the City's Tree
Preservation Ordinance.
13. Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) shall be
installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is
greater, of significant trees/woodlands to be preserved.
14. The developer shall contact the City Forestry Division at least five days prior to the
issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
15. An Individual Lot Tree Preservation Plan shall be required at the time of building
permit application for those lots not graded during the initial site development: Lots
1-3, Block 1; Lots 1, 6-13, & 16-17, Block 2; Lots 6-13, & 16-20, Block 3; and Lots
3-12, Block 4.
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obli ations
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 ail 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.
9
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 ail 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
Approved: August 251987
City Council
September 15, 1987
Revised: July 10 1990
Revised: February 2 1993
LTS0S GJ -2
STANDARD.CON
FINANCIAL OBLIGATION - Evergreen Addition
There are pay-off balances of special assessments totaling $0 on the parcels proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are pending assessments totaling $61,000 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 the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement
Use Rate
Quantity
Amount
Sanitary Sewer Trunk
S.F. $830/lot
55 lots
$ 45,650
Water Trunk
S.F. $865/lot
55 lots
45,575
Storm Sewer Water
S.F. .079/sq ft
1,502,820 sq ft
11`8,72P)
Total
JZLL,948
(')Will be reduced when area of storm sewer ponding easement is presented.
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TREE PRESERVATION CALCULATIONS
TREE COUNT FROM SAMPLE INVENTORY
Snecies and Size
Number of Trees
Coniferous 12'-24' height .........
1,789
Coniferous 24'-50' height .........
60
Coniferous >50' (Specimen) .......
891
Hardwood Deciduous 6"-20" ......
222
From Aerial Photo .....
I .... 93
Total Number of Trees
..... 3,055
ALLOWABLE REMOVAL
Initial Development Phase: 25% Individual Lots: 20%
Individual Lots Graded During Initial Development Phase: 15 lots/53 lots = 28.3% of lots
Additional Allowable Removal During Initial Development Phase: 28.3% of 20% = 5.6%
Final Initial Development Phase Allowable Removal:
25% + 5.6% = 30.6% allowable removal of significant trees
30.6% of 3.055 significant trees = 934 significant trees
Trees Proposed To Be Removed During Initial Development Phase: 1,365
EXCESS REMOVAL
Excess Removal During Initial Development Phase: 431 significant trees (1,365 - 934)
MITIGATION
Strict Aoolication of Ordinance:
1,255 Category A Trees
Staff Proposal:
Mitigation at 1:1 for the 431 trees removed in excess of the allowable limit.
Transplant 431 trees near or on this development site as follows:
Approximate Number
Transplant Location of 12' - 15' Trees
Hidden Corner Park ............ 150
Red Pine Elementary* 50
Evergreen Development Site ...... 231
Total Number of Transplants 431
*Staff has contacted Red Pine Elementary concerning the possible
availability of trees and they are very receptive to the concept of placing
trees on school grounds.
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EXHIBIT D
Agenda Information Memo
March 18, 1997 Eagan City Council Meeting
B. AMENDMENT TO TOWN CENTER 70 NINETEENTH ADDITION
TOWN CENTRE CAR WAS - CONDITIONS OF APPROVAL
ACTION TO CONSIDER:
> To approve or deny an Amendment to the Town Center 70 Nineteenth Addition
conditions of approval to allow different building materials than originally
approved.
FACTS:
The City Council approved a Final Subdivision for Town Center 70 Nineteenth
Addition on October 15, 1996. The subdivision consisted of one lot and one
outlot. The proposed car wash will be constructed on Lot 1.
One of the conditions of approval was that the architectural design and landscaping
proposed with the subdivision request be used as a model for future development
on the outlot. The elevation drawings presented with the subdivision request
indicated the building exterior would consist of a dark brown brick and a blue,
standing seam metal roof.
The developer is requesting to change the building materials due to unavailability
(brick color) and cost (metal roof). The new materials proposed include a lighter,
tan/grey brick and a medium gray or reddish brown asphalt shingle roof, The
developer will have material samples to review at the Council meeting.
> There is a wide variety of building materials and colors in the area which makes it
difficult to determine which color or material to coordinate with. It is important to
keep in mind that the colors and materials are approved will also be used for future
development within this outlot.
ISSUES:
Changing the roof materials will change the character of the car wash building. The
developer has indicated that an asphalt roof will give a more residential appearance
and thereby blend better with the apartments across Denmark Ave. Staff notes that
the opposite is also true, in that a metal roof gives a more commercial appearance.
The Council will need to decide whether a more residential character is desirable in
this location.
(�P
�- The original dark brown brick and blue metal roof provided a distinctive
commercial character that was intended to be carried through on future
development within this outlot. With Denmark Ave. providing a physical
delineation between the commercial and residential components in the area, staff is
concerned that the lighter (tan/grey) brick and asphalt shingle roof will result in an
uncoordinated appearance of quasi -residential commercial buildings.
BACKGROUND/ATTACHMENTS
�- Letter from Craig Mattice dated 3/11/97, page RZ.
y Location map, page.
Approved site plan, page
�- Approved building elevations, page
3465 DENMARK AVENUE EAGAN. MN. 55123 PHONE (612) 452-2932 FAX (612) 462-2932
03/11/97
Ms. Julie Farnham
Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Julie:
The original brick proposed for Town Centre Car Wash Wellington EKS M0751 is no longer
manufactured and existing supplies are not large enough to complete the project. Thus we have selected
another brick Shadow Gray 4X4X12 Modular manufactured by the Mankato Brick Company. This brick
has been approved by the architectural committee at Federal Land Company.
Additionally we are requesting another modification the substitution of an asphalt shingle roof in lieu of
the metal roof originally proposed. This is being proposed for one, economic reasons, a savings of
$22,000.00. 1 was originally told by our architect & engineering firm that the cost was very similar, After
bidding the project we were surprised to learn of the large difference especially since we have a fixed
loan and this amount would have to be paid up front not amortized over thirty years. And two I also
believe the asphalt shingle roof would be more compatible with the surrounding residential units and
apartments. For your convenience I will have drawn color renderings before and after, and bring samples
of the brick and proposed shingles for presentation to the Eagan City Council on March 18, 1997. Thank
you in advance for your help, if you need any additional information please let me know.
Sin
raig Matti e
Ila -
City of Eagan Community Development Department
*C,yof Ecg-
Location Map
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Agenda Information Item
March 18, 1997
A. PRELIMINARY SUBDIVISION (RATHMAN ACRES) - GREGORY AND
VALERIE RATHMAN
ACTION TO BE CONSIDERED:
> To approve or deny a Preliminary Subdivision, including Variances to certain provisions of the
Shoreland Ordinance and Subdivision Code, consisting of eight lots on 15.2 acres for property
located at 3760 Blackhawk Road in the southeast'/. of Section 17.
FACTS:
> There is an existing house and bam on the west half of the property which were constructed in
1958. The west half of the property is mostly open with scattered trees, the east half of the
property is heavily wooded.
> Lot sizes range from just under %s acre to 3.27 acres; average lot size is just under 2 acres. Lots 1
- 5 are proposed to be served by sanitary sewer, Lots 6 - 8 are proposed to be served by
individual septic systems.
> Variances to the minimum lot size are requested for Lots 6, 7 and 8. Variances to the lot width at
the ordinary high water mark are requested for Lots 5, 6, 7 and 8. A Variance to the public street
access requirement in the subdivision code is requested for Lots 6, 7 and 8.
> The APC held a public hearing on February 25, 1997, and recommended approval of the
Preliminary Subdivision, with Variances, and subject to the conditions outlined in the APC
minutes.
ISSUES:
> Outstanding issues to be resolved prior to final subdivision approval include demonstrating that
Lots 6, 7, and 8 each have two acceptable drainfield locations, providing the necessary easements
to establish private access for Lots 6, 7 and 8, and drafting of the conservation easement.
> The APC asked what provisions would be encompassed by the proposed conservation easement.
The purposed of a conservation easement is to protect the natural condition of the land. In this
instance, staff anticipates that the easement would include provisions that prohibit clearcutting,
limit or prohibit vegetation removal and soil disturbance, and prohibit placement of structures
within the easement area.
ATTACHMENTS:
February 25, 1997 Aly.Minutes, es - through 1 Q0
Staff Report, pages through
Letter from DNR dated February 21, 1997p
Page 2
February 25, 1997
ADVISORY PLANNING COA9vIISSION (J
PUBLIC HEARINGS
PRELIMINARY SUBDIVISION
GREGORY & VALERIE RATHMAN
Commission Chair Heyl opened the first public hearing of the evening regarding a
Preliminary Subdivision (Rathman Acres) consisting of 15.2 acres and eight single family
lots located on the southwest comer of Blackhawk Lake and east of Blackhawk Road in
the SEI/4 of Section 17.
Planner Dudziak introduced this item. Ms. Dudziak highlighted the information
presented in the City staffs planning report dated February 20, 1997. Ms. Dudziak noted
the background and history and the existing conditions of the subject property. Ms.
Dudziak noted that the DNR, in a letter dated February 21, 1997, recommended that the
final plat delineate DNR basin 19-29 for Blackhawk Lake, the ordinary high water
contour and two suitable drain field sites for each of Lots 6, 7 and 8. The DNR also
recommended that Lots 5, 6 and 7 be reconfigured to comply with the lot width
requirements of the Eagan Shoreland Zoning Ordinance and the minimum state-wide
standards. Ms. Dudziak also noted that the Advisory Park and Recreation Commission
recommended that the applicant dedicate a conservation easement extending 100 feet
back from the ordinary high-water level of Blackhawk Lake as consideration for a lot
width variance.
The applicant, Greg Rathman, stated that he is conscientious of tree preservation
and the privacy of the surrounding neighbors. In an effort to promote both of those issues,
he is requesting the different variances. Mr. Rathman, in response to Member Burdorfs
inquiry, stated that the hardships suffered by him to support the granting of a variance is
that if required to put in sewer to Lots 6, 7 and 8, a significant amount of trees will be
destroyed on the property. Mr. Rathman stated that because of the significant slopes, the
homes will be located at higher elevations away from the shoreline which will in turn
give more positive aesthetic impact to the lakeshore itself, especially with the
conservation easement in effect. In response to Member Frank's question, Mr. Rathman
explicitly stated that he would consent to the conservation easement.
A resident of 3745 Knoll Ridge Drive inquired as to who owns the land north of
the northern property line of the subject property. The applicant's representative, a project
engineer, advised the Commission that after a diligent search, the owner of the adjacent
northern property is unknown at this time.
Lee Mathison, a resident of 1660 Riverton Point, stated that she is one of four
owners on the private Riverton Point Road and speaks on behalf of all four residents. Ms.
Mathison advised the Commission that the applicant has no access easement to cross over
Outlot A, which is commonly owned by all four residents on Riverton Point. Ms.
� V1
Page 3
February 25, 1997
ADVISORY PLANNING CONnvIISSION
Mathison noted, however, that the owners on Riverton Point do have an easement over
the applicant's property to access their properties. In response to Commission Chair
Heyl's request, City Attorney Dougherty confirmed that the Riverton property owners
have an easement over the applicant's property for access, but the easement is not
reciprocal for the applicant to cross over Outlot A. City Attorney Dougherty noted that
Condition No. 9 does address this issue, requiring the applicant to obtain any and all
private easements for access to the site.
Commission Chair Heyl closed the public hearing.
Member Carlson questioned whether the Commission may approve this
application if the right-of-way/access issue is unresolved. Member Frank added that he
has no concern with approving the application because obtaining a right-of-way or access
easement is a condition of final plat and therefore puts the burden on the applicant to
obtain that access. Member Burdorf stated that he does not support the application
because (1) it requires three variances for deviation from the Shoreland Zoning Ordinance
absent a showing of hardship; and (2) the proposed lots currently do not have access to a
public street. Member Frank noted that the variances are needed due to the property's
topography and because new state regulations require more area of each lot to
accommodate septic drainage fields. In response to Member Carlson's inquiry, Associate
Planner Dudziak explained the purpose and restrictions of the proposed conservation
easement. Member Carlson added that she has no objection to the variances because the
proposal set forth furthers protection of the natural resources of the property and the
surrounding area. Member Burdorf questioned the appropriateness of approving the plan
which extends a private road when the City discourages the use of private roads.
Associate Planner Dudziak stated that while the City's subdivision code discourages
creation of lots without public street access, the proposal before the Commission,
however, does not have direct public street access except via private road. The applicant's
project engineer noted to the Commission that the request for the shoreland zoning
variance to the 10 -acre and 100 feet lake frontage requirements that the applicant does not
own 150 feet of lake frontage for Lot 8 and to meet it would cut or diminish access for
Lots 6 and 7. He further noted that private access to the western lots could be via
extension of the cul-de-sac on the eastern portion, but it would result in significant
damage and destruction of the land and the land's natural resources. He concluded that
the applicant is seeking approval of a preliminary subdivision, subject to the access
condition in order that the applicant may present a clearer defined plan to the Riverton
Point property owners in seeking an easement.
Member Frank moved, Member Carlson seconded, a motion to recommend
approval of the Preliminary Subdivision (Rathman Acres) consisting of 15.2 acres and
eight single family lots located on the southwest comer of Blackhawk Lake and east of
Blackhawk Road in the SE'/4 of Section 17, subject to the following conditions:
(�8
Page 4
February 25, 1997 �.,.: ;' ; �':: �.• ,•.�
ADVISORY PLANNING COhBUSSION
�f
General Conditions
1. The developer shall comply with these standards conditions of plat approval as
adopted by Council on February 3, 1993: A 1, B 1, B2, B4, C 1, C2, C3, D 1, E 1, F 1,
G1, and Hl.
2. The property shall be platted.
3. The final subdivision shall not be approved until the existing barn on Lot 5 is
removed or until a building permit to construct a house on that lot, in conformance
with all City Codes, is submitted.
4. All applicable R-1 and Shoreland District zoning standards shall be met including
setbacks and maximum building and impervious surface coverage.
Gradinc/Storm Drainage
5. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with the city's Erosion/Sediment Control Standards.
Water Qualit / Wetlands
6. Water quality mitigation shall be satisfied through a cash dedication based on the
area of the development excluding the already -developed lot (Lot 2).
Utilities
7. Prior to final subdivision approval, the developer shall submit a copy of the
percolation tests demonstrating suitable locations for two drainfields for each of
Lots 6 through 8.
Streets/Access/Circulation
8. The developer shall be responsible for revising the existing roadway striping on
Blackhawk Road to accommodate the proposed Skater Circle intersection.
Easements/Rights of Way/Pennits
9. Prior to final subdivision approval, the developer shall provide documentation
verifying a private cross easement for access for Lots 6, 7, and 8, and provide
1. -
Page 5
February 25, 1997
ADVISORY PLANNING CON IISSION
documentation verifying a private access easement benefiting Lots 6, 7 and 8 over
the existing private street (Riverton Point.) These easements shall be recorded with
the final plat.
10. Prior to final subdivision approval, the developer shall provide a conservation
easement extending a minimum of 100 feet back from the ordinary high water level
of Blackhawk Lake, subject to the review of the City Attorney.
Tree Preservation
11. Tree Protective Measures shall be installed at the drip line or at the perimeter of the
Critical Root Zone, whichever is greater, of significant trees/woodlands to be
preserved.
12. The developer shall contact the City Forestry Division at least five days prior to the
issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
13. Individual Lot Tree Preservation Plans shall be submitted at the time of building
permit application for Lots 6, 7, and 8.
Parks and Recreation
14. Parks and trails dedication shall be fulfilled through a cash dedication for Lots 1 and
3-8.
All voted in favor, except Member Burdorf opposed on the grounds that the DNR
recommended denial of the application and the Commission should give significant credence
to the DNR's analysis and consideration of this proposal.
Member Frank moved, Member Burdorf, seconded, a motion to direct City staff to
prepare an ordinance amendment addressing the 10 -acre lot size requirement in the City
Shoreland Zoning Ordinance.
All voted in favor.
Sao
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: February 20, 1997 CASE: 17 -PP -1-1-97
APPLICANT: Valerie and Gregory Rathman HEARING DATE: February 25, 1997
PROPERTY OWNER: Valerie/GregoryRathman PREPARED BY: Pamela Dudziak
REQUEST: Preliminary Subdivision (Rathman Acres) with Variances
LOCATION: 3760 Blackhawk Road in the SE '/. of Section 17
COMPREHENSIVE PLAN: D -I, Single -Family Residential
ZONING: R-1, Single -Family Residential and
Shoreland Overlay of Blackhawk Lake
SUMMARY OF REQUEST
The Rathman's are requesting approval of a Preliminary Subdivision (Rathman Acres)
consisting of eight single-family lots on approximately 15 acres located at 3760 Blackhawk
Road. The property is located at the west end of Blackhawk Lake, east of Blackhawk Road
and north of Silver Bell Road. The proposed subdivision includes Variances to certain
provisions of the City's Shoreland Ordinance and the Subdivision Code.
AUTHORITY FOR REVIEW
Preliminary 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:
13
C.
That the proposed subdivision does comply with applicable City Code provisions and
the Comprehensive Guide Plan.
That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water
I a l
Planning Report - Rathman Acres
February 25, 1997
Page 2
storage and retention are such that the site is suitable for the type of development or
use contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with
easements of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in
a timely manner so as not to cause an economic burden upon the City for
maintenance, repayment of bonds, or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook
on Solar Access).
J. That the design of public improvements for the subdivision is compatible and
consistent with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Bun Club
Lake Watershed Management Organization" which document is properly approved
and filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein
as fully as if set forth herein at length. It shall be the responsibility of the City Clerk
to maintain the Water Quality Management Plan and make the same available to the
public."
Shoreland Overlay
City Code Section 11.2 1, Shoreland Zoning, Subd. 6, C Variances states:
1. No variance may be granted except in accordance with Minnesota Statues, Chapter
462 and the provisions of this Chapter. A variance shall not circumvent the general
purposes and intent of this Section. No variance may be granted that would allow any
�-aa
Planning Report - Rathman Acres
February 25, 1997
Page 3
use that is prohibited in the zoning district in which the subject property is located.
Conditions may be imposed in the granting of a variance to ensure compliance with
this Chapter, and to protect adjacent properties and the public interest. In considering
a variance request, the City Council will also consider whether the property owner has
reasonable use of the land without the variance, whether the property is used
seasonally or year-round, whether the variance is being requested solely on the basis
of economic considerations, and the characteristics of development on adjacent
properties.
2. The City shall hear and decide requests for variances, including variances for sewage
treatment systems in shoreland districts, in accordance with the zoning provisions
governing variances. When a variance is approved after the Department of Natural
Resources and formally recommended denial in the hearing record, the notification of
the approved variance required therein shall also include the summary of the public
record/testimony and the findings of facts and conclusions which supported the
issuance of the variance.
3. For existing developments, the application for variance shall clearly demonstrate
whether a conforming sewage treatment system is present for the intended use of the
property. All variances granted shall require reconstruction of a nonconforming
sewage treatment system.
Variance
City Code Chapter 11, Section 11.40, Subd. 3, C states that the Council may grant a variance
and impose conditions and safeguards therein if.
1. The Council shall determine that the special conditions applying to the structures or
land in question are peculiar to such property or immediately adjoining property and
do not apply generally to other land or structures in the district in which said land is
located, and that the granting of the application is necessary for the applicant.
2. That granting of the proposed variance will not be contrary to the intent of this
Chapter and the Comprehensive Guide Plan.
3. That granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or difficulty.
BACKGROUNDAMSTORY
The existing house and barn on this property were constructed in 1958. The Blackhawk Oaks
development south of the property was platted in 1984. Also in 1984, Blackhawk Lake
Addition was platted at which time the private street, Riverton Point, was established.
�� 3
Planning Report - Rathman Acres
February 25, 1997
Page 4
EXISTING CONDITION
There is an existing house and a barn on the west half of the property. The property is open
on the west with scattered trees, and heavily wooded on the east. The site slopes toward the
lake. The site is zoned R-1 and located in the Shoreland Overlay District of Blackhawk Lake
which is classified as a Recreational Development lake.
CODE REQUIREMENTS
The Shoreland Ordinance establishes standards for development which are to be applied in
addition to the underlying or base land use zoning. In the joint application of both base
zoning and shoreland zoning standards, the most restrictive regulations shall apply.
All proposed lots are subject to the R-1 standards. In addition, the Shoreland Overlay zoning
distinguishes between riparian and nonriparian lots, and sewered and unsewered lots. Lots 2,
5,6, 7, and 8 are riparian and Lots 6, 7 and 8 are proposed to be unsewered. Lots 1, 3, and 4
are nonriparian sewered lots. The R-1 and Shoreland zoning standards are summarized in the
following table.
• OHWM = Ordinary High Water Mark
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Lot
Lot Width at
Setbacks
Building
Lot Coverag
Size
Width Shoreline
Height
R-1
12,500 s.f
85'
N/A
Front 30'
21/2
20% building
(All lots)
Side
stories
coverage area
one acre
10' house
unsewered
5' garage
Rear 15'
1
i
Shoreland
10 acres
150'
150'
100' bldg.
None
25%
Unsewered
75' septic
impervious
(Lots 6, 7, 8)
from OHWM*
surface
Shoreland
Avg. Size
100'
100'
75' bldg.
35'
25%
Sewered
Riparian:
from OHWM*
impervious
(Lots 1, 2, 3, 4,
20,000 s.f.
surface
and 5)
nonriparian
15,000 s.f
• OHWM = Ordinary High Water Mark
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Planning Report - Rathman Acres
February 25, 1997
Page 5
North - Blackhawk Lake/Single-Family Residential; Zoned R-1 Single Family Residential;
Guided D -I Single -Family Residential
South - Blackhawk Oaks; Zoned R-1 Single Family Residential; Guided D -I Single -Family
Residential; to the southeast is Blackhawk Park
East - Single Family Residential; Zoned R-1 Single -Family Residential; Guided D -I Single -
Family Residential
West - Townhomes; Zoned R-3 Residential Townhouse; Guided D -III Mixed Residential
EVALUATION OF REQUEST
Preliminary Subdivision
Compatibility with Surrounding Area - This large lot single-family development appears
compatible with surrounding residential development.
Density - The proposal consists of eight lots on approximately 15.2 acres, resulting in a gross
density of about .52 units per acre which translates to an average lot size of just under 2 acres.
This density is consistent with the R-1 zoning and D -I guide plan designation which provide for
up to 3 units per acre.
Lots - Proposed Lot 2 contains the existing house and Lot 5 contains the existing barn. The barn
(an accessory structure) cannot continue to exist on a separate lot without a principal structure
(house). For this reason, the barn is proposed to be removed. Lot sizes range from just under Y2
acre (20,100 sq. ft.) to 3.27 acres (142,500 sq. ft.). The sewered lots (Lots 1-5), exceed the
minimum required lot size. Lots 6, 7, and 8 are unsewered riparian lots of 3.27, 1.83, and 1.93
acres respectively. All three of these lots are less than the 10 acres required by the Shoreland
zoning and a Variance to the minimum lot size is requested for these three lots.
All lots have sufficient width at the building setback line to satisfy minimum width standards.
With the exception of Lot 2, the other lots with lake frontage (Lots 5, 6, 7, and 8) do not satisfy
the minimum width at the ordinary high water level as required by the Shoreland ordinance.
Therefore, a Variance to the lot width at the OHWM for these four lots is requested. These
variances are evaluated in greater detail later in this report.
etbacks - The Shoreland zoning establishes setbacks from the OHM for both structures and
septic systems. Other setbacks W
acks from property lines are established by the R-1 base zoning.
Required setbacks from the OHWM are either 75 or 100 feet. Other setbacks required in the R-1
zoning district are 30 feet for the front yard, 10 feet for the side yard (5 feet for garage), and 15
feet for the rear yard. The existing house on proposed Lot 2 will meet these standards.
Conceptual building pads for the other lots are shown on the preliminary grading plan and all lots
appear to be of sufficient size to accommodate single-family dwellings and satisfy required
setbacks.
Planning Report - Rathman Acres
February 25, 1997
Page 6
Gradin /Storm Drainag-e - The preliminary grading plan is acceptable. The site is heavily
wooded and contains considerable variation in topography with elevations along the south edge
of the development ranging from 872 to 885, and along the north edge of the site an elevation of
790 at Blackhawk Lake. Grading with the development is proposed for the public street, Skater
Circle, and the private street on the east side and on Lots 3 and 4. The remainder of the lots are
proposed to be custom -graded at time of building permit. The developer should be responsible
for installing and maintaining erosion control measures in accordance with the City's
Erosion/Sediment Control Standards.
The preliminary storm drainage plan is acceptable. The developer proposes to drain street and the
front yard areas of Lots 3-8 to public storm sewer systems available, with Skater Circle draining
to storm sewer within Blackhawk Road and the private street draining to public storm sewer
within the existing private access drive (Riverton Point) off of Riverton Avenue. These storm
sewer systems drain to Blackhawk Lake. The backyard areas are proposed to drain directly to
Blackhawk Lake.
Wetlands/Water Quality - This proposed development lies on the southwest shore of Blackhawk
Lake. One of the lots (Lot 8) borders the portion of Blackhawk Lake classified as Class I direct
contact recreation. Four other lots (Lots 2, 5, 6, and 7) have frontage on a bay at the far west
end of the lake (BP -1.2) designated as a Class VII storm water basin. The average size of the
riparian lots is about 2.5 acres, and the average size of all lots in the development (lots with and
without lake access) is about 1.8 acres.
Runoff from the cul-de-sac serving the three western -most lots will discharge directly to
Blackhawk Lake through a tie-in with an existing storm sewer. Runoff from the impervious
surfaces of the remainder of the development will discharge to Pond BP -1.2, also through a tie-in
with an existing storm sewer. Because of the small size and low density nature .of the
development, extreme topography, and the abundance of significant trees, on-site ponding is not
a viable alternative. Thus, staff recommends a cash dedication for water quality mitigation based
on the area of the development excluding the already developed lot (Lot 2). There are no
wetlands on the parcel other than the wetland complex associated with Blackhawk Lake, and no
wetland filling or draining is proposed by the developer.
Uti 'es - Sanitary sewer to serve a portion of the site with gravity flow was stubbed to the
northwest comer of the site when Blackhawk Road was reconstructed in 1994. This stub is
available to provide service to Lots 1-5. The sanitary sewer stub also could provide gravity
sewer service to a small portion of Lots 6, 7 and 8. However, extension to these lots would result
in substantial loss of trees along the south edge of the site and may impact existing properties
within Blackhawk Oaks Addition. For these reasons, the developer is proposing to serve Lots 6,
7 and 8 via private septic systems. These three lots are in excess of one acre, however, because
of their proximity to the lake and their location within the shoreland zoning district, the
developer should demonstrate that Lots 6-8 each have two suitable drainfield locations. This
should be done prior to final subdivision.
I a �
Planning Report - Rathman Acres
February 25, 1997
Page 7
Water main is available for connection by the development. A stub at the southwest corner near
Blackhawk Road is readily available to serve Lots 3, 4 and 5. This water main extension will
require the removal and replacement of bituminous trail along Blackhawk Road. Water main
within the existing private access drive for Blackhawk Lake Addition (Riverton Pt.) is available
for extension to serve Lots 6, 7, and 8. Individual water services were constructed to serve Lots 1
and 2 when Blackhawk Road was reconstructed in 1994.
Streets/Access/Circulation - Lot 1 is proposed to have direct access to Blackhawk Road, and Lot
2 is proposed to retain its existing driveway access directly off Blackhawk Road. Public street
access for Lots 3, 4 and 5 is proposed off of a 200 -foot long cul-de-sac, Skater Circle, extended
east from Blackhawk Road. Revisions to the existing roadway striping on Blackhawk Road will
be necessary to accommodate the Skater Circle intersection and should be the responsibility of
the developer.
The City's Subdivision Code states that as a general rule, the City shall not permit land locked
parcels or parcels that are only served only by private easements. Access for Lots 6, 7 and 8 is
proposed via the 20 -foot wide existing private access drive off of Riverton Avenue, Riverton
Point, which serves four lots within Blackhawk Lake Addition and one lot in Blackhawk Oaks
Addition. Riverton Point is covered by a private easement which provides access to the four lots
in Blackhawk Lake Addition over the southeast corner of the development site where Riverton
Point crosses this property. Since direct public street access is not available for Lots 6, 7 and 8,
the preliminary subdivision request includes a Variance to the public street access requirement.
The 20 -foot width of Riverton Point meets the City Code width requirement for the total of eight
units which would be served as a result of this development, four in Blackhawk Lake Addition
and three in this development. Prior to final subdivision, the developer should provide
verification of an access easement over Riverton Point from the public right of way of Riverton
Avenue to this property. Although the grade of Riverton Point is fairly steep (about 10%) from
the connection of the Rathman Acres proposed private drive to Riverton Avenue, it is consistent
with engineering standards for a service drive.
Easements/Rights of Wav/Permits - The developer should provide documentation of a private
cross easement for access for Lots 6, 7, and 8, and verify and provide documentation of a private
access easement for Lots 6, 7 and 8 over the existing private street, Riverton Point. These
easement should be filed with the final plat.
Tree Preservation - The eastern 2/3 of this site is completely wooded with a variety of hardwood
deciduous trees. The lay of the land is rolling, much of it sloping down to Blackhawk Lake.
There are some scattered large trees in the west half of the property located between and
northeast of the existing house and barn. Tree species composition is primarily oak, with a
mixture of other hardwood deciduous trees.
The development as proposed will result in the removal of .3 acres (3.1 % of the total) of
significant woodlands as a result of grading for private road installation and no significant trees
Planning Report - Rathman Acres
February 25, 1997
Page 8
will be removed. The applicant is intending to prepare lots 1, 3, 4, and 5 during the initial site
preparation (no trees will be removed), and then custom grading of lots 6, 7, and 8 will be
performed at the time of building permit application.
Tree protective measures should be installed at the drip line or at the perimeter of the critical root
zone, whichever is greater, of significant trees/woodlands to be preserved. The developer should
contact the City Forestry Division at least five days prior to the issuance of the grading permit to
ensure compliance with the approved Tree Preservation Plan. Individual Lot Tree Preservation
Plans will need to be submitted at the time of building permit application for Lots 6, 7, and 8.
Parks and Recreation - Parks and trails dedication should be fulfilled through a cash dedication.
Variances
As previously identified, this site lies entirely within the shoreland overlay zone of Blackhawk
Lake, a recreational development lake and is therefore subject to regulation under the Shoreland
Ordinance chapter of the city's Zoning Code. As proposed, the development includes a variance
to the minimum ten -acre lot size for Lots 6, 7, and 8, and a variance to the minimum lot width at
the OHWM for Lots 5, 6, 7 and 8. Variances to the Shoreland Ordinance are processed
according to the normal variance procedures stipulated in the City Code, and notice of the
variance request and any associated public hearings is required to be provided to the Department
of Natural Resources so that agency has the opportunity to comment. As of the date of this
report, official comment from the DNR has not been received, but should be available at the
February 25, 1997 public hearing.
City staff believe that the minimum 10 acre lot size and minimum 100 and 150 foot lot width
requirements may have been inadvertently carried over from an ordinance adopted by another
(rural) local government that was used as a template for Eagan's ordinance, and that their
appropriateness has never been scrutinized. A few months ago, the City reviewed a case (Acorn
Pond) involving a similar request for variances in an unsewered area within a shoreland district,
but overall, there have been few cases involving such development within a shoreland district
since this ordinance was adopted. As such, staff has not needed to apply these requirements.
Staff believes these requirements are excessive and will consider proposing an amendment to
these requirements sometime in the future.
The DNR's primary concern with lot size is to ensure that the lots are large enough to adequately
support septic systems. The DNR's model ordinance language uses a minimum lot size of
40,000 square feet for this particular situation. All three unsewered loti (Lots 6, 7, and 8)
proposed with this development are more than twice this size.
The DNR's model ordinance language uses a minimum lot width of 75 feet (sewered) and 150
feet (unsewered). Lot width at the building setback line is satisfied for all of the lots, but of the
five riparian lots, only Lot 2 satisfies this minimum standard for lot width at the OHWM. The
lig
Planning Report - Rathman Acres
February 25, 1997
Page 9
purpose of the lot width requirement is to maintain water quality and a natural shoreland
appearance by avoiding crowding of structures and water -oriented "toys," and limiting
vegetation removal near the lakeshore. Because of the topography of this site and the low
density of this development, the new houses are proposed to be located at higher elevations away
from the lake and the aesthetic impact of the structures on the lakeshore appears to be minimal.
In addition, staff has introduced to the developers the possibility of a conservation easement
which would limit vegetation removal, structure placement and other activities within the
easement area. The developers seem receptive to this idea, provided the easement includes
provisions for lot owners to gain access to the lakeshore. A similar conservation easement was
employed in the Blackhawk Forest subdivision in 1995. In its review of this development
proposal, the Advisory Parks, Recreation and Natural Resources Commission (APRNRC) will
consider whether a conservation easement extending 100 feet back from the ordinary high water
level of Blackhawk Lake of should be secured to provide protection of riparian and adjacent
upland areas along Blackhawk Lake as a condition if this variance is granted under the shoreland
zoning regulations. The APRNRC's recommendation on this easement will be available to the
APC at the time of the February 25, 1997, public hearing.
SUMMARY/CONCLUSION
The Rathman's are requesting approval of a Preliminary Subdivision with variances to certain
provisions of the Shoreland Ordinance to create 8 lots on approximately 15.2 acres on the
southwest comer of Blackhawk Lake. Variances to the 10 -acre lot size and public street access
requirement for Lots 6, 7, and 8, and variances to the riparian lot width for Lots 5, 6, 7 and 8 are
requested. Outstanding issues to be resolved prior to final subdivision include verifying private
access easement for Lots 6, 7 and 8 over the existing private street (Riverton Point),
demonstrating two suitable drainfield locations for these three lots, and if the Commission and
Council choose to require it, and establishing the conservation easement along the shoreline of
Blackhawk Lake.
ACTION TO BE CONSIDERED
To recommend approval or denial of a Preliminary Subdivision (Rathman Acres) for eight
single family lots, including Variances to certain Shoreland zoning requirements and to allow
private street access for three of the lots, on approximately 15 acres east of Blackhawk Road and
north of Silver Bell Road, at the southwest corner of Blackhawk Lake in the southeast'/, of
Section 17. If approved, the following conditions should apply.
General Conditions
The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 3, 1993: A1, B1, B2, B4, C1, C2, C3, Dl, E1, F1, G1, and H1.
Planning Report - Rathman Acres
February 25, 1997
Page 10
2. The property shall be platted.
3. The final subdivision shall not be approved until the existing barn on Lot 5 is removed or
until a building permit to construct a house on that lot, in conformance with all City Codes,
is submitted.
4. All applicable R-1 and Shoreland District zoning standards shall be met including setbacks
and maximum building and impervious surface coverage.
Gradin !Storm Draina e
5. The developer shall be responsible for installing and maintaining erosion control measures
in accordance with the city's Erosion/Sediment Control Standards.
Water Quality/ Wetlands
6. Water quality mitigation shall be satisfied through a cash dedication based on the area of
the development excluding the already developed lot (Lot 2).
Utilities
7. Prior to final subdivision approval, the developer shall submit a copy of the percolation
tests demonstrate suitable locations for two drainfields for each of Lots 6-8.
Streets/Access/Circulation
8. The developer shall be responsible for revising the existing roadway striping on Blackhawk
Road to accommodate the proposed Skater Circle intersection.
Easements/Rights of Wav/Permits
9. Prior to final subdivision approval, the developer shall provide documentation verifying a
private cross easement for access for Lots 6, 7, and 8, and provide documentation verifying
a private access easement benefiting Lots 6, 7 and 8 over the existing private street
(Riverton Point.) These easements shall be recorded with the final plat.
10. Prior to final subdivision approval, the developer shall provide a conservation easement
extending a minimum of 100 feet back from the ordinary high water level of Blackhawk
Lake, subject to the review of the City Attorney.
15 D
Planning Report - Rathman Acres
February 25, 1997
Page 11
Tree Preservation
11. Tree Protective Measures shall be installed at the drip line or at the perimeter of the Critical
Root Zone, whichever is greater, of significant trees/woodlands to be preserved.
12. The developer shall contact the City Forestry Division at least five days prior to the
issuance of the grading permit to ensure compliance with the approved Tree Preservation
Plan.
I3. Individual Lot Tree Preservation Plans shall be submitted at the time of building permit
application for Lots 6, 7, and 8.
Parks and Recreation
14. Parks and trails dedication shall be fulfilled through a cash dedication for Lots 1 and 3-8.
(3i
STANDARD CONDITIONS OF PLAT APPROVAL
A. FinancialObligations
This development shall accept its additional financial obligations as defined
in the staff's report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights -of -Way
1. This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
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
Approved: August 25, 1987
LTSS5
STANDARD.CON
City Council
Setember 15 1987
Revised:—July 10, 1990
Revised: February 2. 1993
X33
FINANCIAL OBLIGATION - Rathman Acres
There are pay-off balances of special assessments totaling $22.531 on the parcel proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are no pending assessments on the parcel proposed for platting.
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 the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement Use
Lateral Benefit Water S.F.
Total
Rate
$20.80/ff
Quantity Amount
528 ff $10,982.40
$10,982.46
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February 21, 1997
Minnesota Department of Natural Resources
Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (612) 772-7910 Fax: (612) 772-7977
Ms. Pam Dudziak
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122-1897
SEG^��r�n i=F9 ? ,, Jaggy
RE: RATFBAAN ACRES PREI.M NARY PLAT, BLACKHAWK LAKE (DNR #19-59)
Dear Ms. Dudziak:
I have reviewed the plans you sent relative to the preliminary plat ofRathman Acres, which will be considered by the Cityof Eagan
Advismy Planning Commission at their February 25,1997 meeting. On behalf of the Minnesota Department of Natural Resources,
I offer the following comments for consideration at the public hearing.
Blackhawk Lake is a Recreational Development basin, regulated under the city's shoreland ordinance. A portion of the proposed
plat will be served by municipal sewer and water, while lots 6, 7, and 8 will be unsewered. The lots served with city sewer and
water meet the minimum lot size of 20,000 square feet The unsewered lots do not meet the minimum of 10 acres as specified by
your ordinance. However, they are well in excess of the 40,000 square foot minimum state standard for an unsewered lot adjacent
to a recreational development lake. I do not oppose the lot sizes proposed. I note lots 2, 5, 6, and 7 include land below the ordinary
high water (OHW) elevation. This is acceptable, however, for shoreland zoning purposes, only land above the OHW can be used
for calculating the lot size.
I recommend the final plat drawings indicate the DNR basin #19-59 for Blackhawk Lake, and identify the ordin high water
elevation of 792.3'. The OHW contour should be clearly shown on the plat
I note the site contains significant topography. Extreme care should be taken during construction to adequately control during
construction and lawn establishment
Two suitable drainfield sites must be available for each of lots 6, 7, and 8. These location should also be shown on the plat
drawings.
Your ordinance requires a 75' lot width both at the OHW and at the building line for riparian lots in sewered areas. It appears lot
5 does not meet the minimum standard For unsewered lots, the lot width at the OHW and building line is 150'. Neither lot 6 nor
lot 7 meet the required minimum. Lot 6 appears to be approximately 65' wide at the OHW, while lot 7 is roughly 35' wide at the
OHW. I recommend the lots be reconfigured to comply with the lot width standards of your ordinance (and minimum statewide
standards). .
Thank you for the opportunity to review and comment The DNR recommends denial of the plat as proposed. Lot widths at the
lake sbould be revised to conform with required standards. Please advise me of the outcome of the public hearing on this matter.
If you have any questions regarding my review, please call me at 772-7910.
Sincerely,
Y
Patrick I Lynch
Area Hydrologist
D\IZ Inlirt'nru! m' n '-'un-n1 iOH--nn-nUlpt . TTS
Agenda Information Item
March 18, 1997
B. PRELIMINARY SUBDIVISION (MOOSE RIDGE) - MARK AND KAREN
FJELD
ACTION TO BE CONSIDERED:
To approve or deny a Preliminary Subdivision consisting of one lot for property located at
3635 Wescott Hills Drive in the southeast'/, of Section 14.
FACTS:
The proposed subdivision would shift the common lot line between two properties
approximately 70 feet to the south and result in the conveyance of approximately 3,200
square feet from Lot 8, Block 1, Sunrise Hills Second Addition (Blotner's) to Lot 2, Block 4,
Sunrise Hills Addition (Fjeld's). Both lots resulting from this subdivision meet minimum lot
size, street frontage and setback requirements for the R-1 zoning district.
No grading or construction is proposed with the subdivision, although the applicant's long-
term plans include reorienting the driveway access and garage entry to the east side of the
home.
y The APC held a public hearing on February 25, 1997, and recommended approval of the
Preliminary Subdivision, subject to the conditions outlined in the APC minutes.
11~X111) *T
Since the APC meeting, the City Attorney has advised that the full ten foot drainage and
utility easement should be included on the plat, and all ten feet of easement located on the
north side of the proposed new lot line. Therefore, if approved, the Preliminary Subdivision
should be subject to the conditions as outlined in the original staff report dated December 11,
1997:
1. A ten foot drainage and utility easement shall be dedicated along the north side of
the proposed new south lot line.
2. The property shall be platted.
ATTACHMENTS: (�
February 25, 1997 nutes, p ge /ligb
Staff Report, pages through
Page 11
February 25, 1997
ADVISORY PLANNING CO1vZUSSION
PRELIMINARY SUBDIVISION
MARK & KAREN FJELD
Commission Chair Heyl opened the next public hearing of the evening regarding a
Preliminary Subdivision (Moose Ridge) for the purpose of realigning an existing property
line between Lot 2, Block 4, Sunrise Hills Addition and Lot 8, Block 1, Sunrise Hills
Second Addition located at 3635 Wescott Hills Drive and 895 Sunwood Court in the SE'/4
of Section 14.
Planner Dudziak introduced this item. Ms. Dudziak highlighted the information
presented in her memorandum of February 20, 1997 and City staffs planning report dated
December 11, 1996. Ms. Dudziak noted the background and history, the surrounding uses
and the existing conditions of the subject property.
The applicant, Karen Fjeld, was available for questions.
No persons from the public were present for comment.
Member Frank moved, Member Carlson seconded, a motion to recommend
approval of a Preliminary Subdivision (Moose Ridge) for the purpose of realigning an
existing property line between Lot 2, Block 4, Sunrise Hills Addition and Lot 8, Block 1,
Sunrise Hills Second Addition located at 3635 Wescott Hills Drive and 895 Sunwood
Court in the SEV4 of Section 14, subject to the following conditions:
1. A five-foot drainage and utility easement shall be dedicated along the north
side of the proposed new south lot line.
2. Prior to final subdivision approval, the applicant shall dedicate a five-foot
drainage and utility easement along the south side of the proposed lot line. This easement
shall be recorded with the final plat.
3. The property shall be platted.
All voted in favor.
rz
"..MEMORANDUM
city of eagan
TO: Chair Carla Heyl, and Members of the Advisory Planning Commission
FROM: Pamela Dudziak, Associate Planner
DATE: February 20, 1997
RE: Preliminary Subdivision - Moose Ridge
As you may recall, this request for a Preliminary Subdivision came before the APC in December
of 1996. At that time there was some question about whether the application was properly before
the APC. As a result, the APC continued this item indefinitely until that issue could be resolved.
It has since been determined that the Fjelds have the exclusive right to bring the subdivision
application before the City, so the case is now being brought back to the APC for review.
Attached is the staff report prepared for the December 19, 1996, APC meeting. However, there
has been one change to the plans since that time. The Fjelds have revised the drainage and utility
easement along the north side of the proposed new south lot line to be five feet rather than ten
feet as was shown on the original plans. An additional five feet of drainage and utility easement
will be dedicated by separate document along the south side of the proposed subdivision line to
provide a total easement of 10 feet. For this reason, the conditions should be revised. Condition
41 should read "five foot" rather than ten foot drainage and utility easement" and an additional
condition should be added as follows:
Prior to final subdivision approval, the applicant shall dedicate a five foot drainage and
utility easement along the south side of the proposed lot line. This easement shall be
recorded with the final plat.
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PRELIMINARY PLAT
REVISED 2/11/97
r
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: December 11, 1996
APPLICANT: Karen Fjeld
CASE: 14 -PP -22-11-96
HEARING DATE: December 19, 1996
PROPERTY OWNERS: Mark and Karen Fjeld PREPARED BY: Pamela Dudziak
Donald and Deborah Blotner
REQUEST: Preliminary Subdivision (Moose Ridge)
LOCATION: 3635 Wescott Hills Drive
COMPREHENSIVE PLAN: D -I, Residential Single Family (0-3 units/acre)
ZONING: R-1, Residential Single Family
The Fjelds are requesting a Preliminary Subdivision consisting of one lot for property located
at 3635 Wescott Hills Drive in the SE 1/4 of Section 14. The proposed subdivision involves
shifting the common lot line between the applicant's property, Lot 2 Block 4, Sunrise Hills
Addition (3635 Wescott Hills Drive) and the adjacent property to the south, Lot 8, Block 1,
Sunrise Hills Second Addition (895 Sunrise Court) as shown in Exhibit A.
.•0 1 rd all):
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:"
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage,
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of the development.
Planning Report - Fjeld
December 19, 1996
Page 2
E. That the design of the subdivision or the proposed improvements 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 judgement 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.
Sunrise Hills Addition was platted in 1988, and Sunrise Hills Second Addition was platted in
'1989. In October of this year, the City Council considered a Waiver of Subdivision to
accomplish the proposed shift in the property line. However, because the two lots affected are
in different subdivisions and Dakota County could not combine the Fjeld's existing lot and the
proposed 3,200 square foot property transfer into one tax parcel, a Waiver of Subdivision would
have resulted in the potential for the transferred portion to go tax forfeit. Consequently, the City
Council denied the Waiver of Subdivision request.
The Fjelds have now submitted this application for a Preliminary Subdivision and have included
a written statement explaining the reasons for the proposed subdivision (Exhibit C).
14
8
Planning Report - Fjeld
December 19, 1996
Page 3
This proposed subdivision affects both Lot 2, Block 4, Sunrise Hills Addition and Lot 8, Block
1, Sunrise Hills Second Addition. Both lots currently contain single family residences. The
house on Lot 2 (Fjeld's) was constructed around 1970, prior to the platting of Sunrise Hills in
1988. The house on Lot 8 (Blotner's) was constructed after Sunrise Hills Second Addition was
platted in 1989.
The adjacent properties are all single-family residential uses, with Carriage Hills Golf Course and
Woodland Hills Elementary School nearby. The following uses, zoning and comprehensive guide
plan designations surround the subject property:
North - Single-family residences; Zoned R-1 (single-family), Guided D -I (single-family)
South - Single-family residences; Zoned R-1 (single-family), Guided D-1 (single-family)
East - Single-family residences; Zoned R-1 (single-family), Guided D-1 (single-family)
West - Single-family residences; Zoned R-1 (single-family), Guided D -I (single-family)
EVALUATION OF REQUEST
Compatibility with Surrounding Area - Both lots involved with this request are developed and
there is no additional development associated with this request. The proposed subdivision will
shift the common lot line approximately 70 feet to the south along Wescott Hills Drive and result
in the conveyance of approximately 3,200 square feet from the Blotners to the Fjelds. The
transfer will result in lot areas for both the Fjelds and Blotners of approximately 18,200 square
feet.
L= - The proposed subdivision creates a single lot (Lot 1, Block 1, Moose Ridge) consisting
of the Fjeld's existing lot plus the additional 3,200 square feet from the adjacent Blotner property.
Both resulting lots (Lot 1, Block 1, Moose Ridge and the remaining portion of Lot 8, Block 1,
Sunrise Hills Second Addition) meet minimum lot size (12,000 s.f.), width (85 feet), and street
frontage (50 feet) requirements for the R-1 zoning district.
Setbacks - The R-1 zoning district requires minimum building setbacks of 30 feet for the from
yard, ten feet for side yards, and 15 feet for rear yards. Setbacks of existing buildings from the
proposed new lot line satisfy these minimum setbacks required in the R-1 zoning district.
Grading/Storm Drainate - No grading or construction is proposed with the subdivision.
Planning Report - Fjeld
December 19, 1996
Page 4
Water ualily and Wetlands - Since no additional development is being proposed for the affected
parcels, the proposed subdivision will not change the hydrologic characteristics of either lot.
Thus, no water quality mitigation is required nor is a wetland survey necessary.
Utilities - Utilities are provided to the existing residences. No changes to the utilities are
proposed or necessary with this subdivision.
Access/Street Design - Street access to Fjeld's property is gained from the north side of the home
off Wescott Hills Drive. The Fjeld's long-term plans include reorienting the driveway access and
garage entry to the east side of the home.
Easements/Rights of Way/Permits - The drainage and utility easements along the existing lot lines
will remain. A new ten foot drainage and utility easement will be provided entirely on the Fjelds
property, north of the proposed new lot line. The applicant should note that no construction is
allowed within the easement areas.
Tree Preservation - No tree removal is proposed with this subdivision.
Both lots involved with this request are developed and there is no additional development
proposed with this request. The applicant believes this lot line realignment will provide a better
division between the two lots. The parcels resulting from this subdivision satisfy minimum
zoning standards for the R-1 zoning district.
To recommend approval or denial of the request for a Preliminary Subdivision. Approval
should be subject to the following conditions:
1. A ten foot drainage and utility easement shall be dedicated along the north side of the
proposed new south lot line.
2. The property shall be platted.
/S -O
FINANCIAL OBLIGATION - Moose Ridge
There are pay-off balances of special assessments totaling $0 on the parcels proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are no pending assessments on the 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 the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement Use Rate Quantity Amount
None
$0
SAY * IIWA■N WIS
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Moose Ridge
OtafEagm Case No. 14 -PP -22 -
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5ze PRELIMINARY PLAT
ADDEND LNM TO
APPLICATION FOR vBIN SUBDIVISION
This addendum is intended to explain the appiication for a new subdivision.
HISTORY OF PARCEL.-
We
ARCEL:
We the applicants. Mark and Karen Fjeid. are owners of an existing home built in 1969
or 1970 on a large parcel of land originally located at the southeriv end of Wescott Hills Drive.
off of Yankee Doodle Road. We purchased the home after subdivision. in March of 1990. at
construction. the home had the address of 3651 Wescott Hills Drive. The site pian submirred for
the building permit (a pencil sketch) shows the driveway coming south from the southerly end
of Wescott Hills Drive and terminating in a large parking and :umaround area on the easterly
lawn. near the :roar entryway on the east side of the house.
In the :aid -1980's, the property was sold :o Argus Development (Joe Miller Homes;, and
developed into Sunrise Hills addition. The Outiors of Sunrise Hills addition were later reviarted
as Sunnse Hills Second addition. although :he piat's survey_ benchmark was :he existing home.
no site oian .)f :he home on :rs .and was ever prepared or submitted :o :he '-:tv. =or reasons
unknown. most or :he iot lines .'or the emsting home were arawn at angles neither perpendicular
nor parailei to the existing home, although City ordinances provide that pemendicuiar and parallei
lot lines shouid be created. This misonentanon of the lot lines to the -xis=g home was
apparently undiscovered by the City due to the lack of a site plan.
The northeriv boundary of the existing land became a cul-de-sac cut off from the gravel -
road Wescott Hills Drive to the north, and paved Wescott Hills Drive was continued to, and is
now accessed from. Wescott Road to the south. The street address of the existing_ home was
changed to 3635 Wescott Hills Drive. The subdivision is now fully developed.
In October. 1996. the City Council denied our petition for a waiver of subdivision.
suggesting instead that we be given a credit of 5300.00 towards our fees, if any, on our pursuing
a new subdivision for this parcel. accordingly, we are doing so.
PURPOSE OF APPLICATION:
This application for a subdivision is brought because the property as it is laid out is not
at its best use and presents conditions which need correction.
Because of the re-orientanon and new construction of Wescott Hills Drive, access to the
existing home is now obtained by driving north from Wescott Road past the house, and then
turning back southward up the driveway. Elimination of the parking area and turnaround on the
easterly side has essentially eliminated the direr -non of traffic flow and access to the front
enuvwav of the house. Visitors are generally unable to locate the front enmwav on the easterly
side of the home, and instead almost always come to the back door at the deck by the garage.
ne..-a to the driveway. Our long term improvement plans for this sting home call for a re -
em
� � EXHIBIT C
orientation of the driveway and garage entry from the north to the east side of the home, so that
access will be entirely at the front and towards the street. consistent with the other homes in the
subdivision.
The current southerly lot line of our exisnng home cuts at an angle across the front yard
of our house. The southerly lot line is roughly parallel to the side of our home for 128 feet, then
veers at a 45 degree angle through the front yard. 94 feet to the right-of-way for the street. That
same lot Iine is the northerly boundary of the home later built at 895 Sunwood Court by Kenneth
and LuAnn Kasen, which home faces south. The lot line under discussion forms the rear lot line
of that house, and also veers away from that home at a similarly odd angle. The Fjeid home (and
its existing landscaping) is oriented due -East and Wesr. and the home built by the aasens is
oriented s4hrly orf or due -North and South.
The front of our house consists of the garage. front entryway, and living room. with a
covered patio off the living room and entryway. The effect of the current unusual lot line is that
our view from our front room is of the neighbors' back vara. We know of no other home in the
city where the front room looks onto a neighbor's encroaching backyard. This unusual orientation
results in a lack of security and privacy in the southeast quarter of our property. The limited
street rontage aiong :he easreriv side of our house also compromises :he eventual re -orientation
of rhe drive and garage ,o enter on the -cont side of :he louse. The _ffect of -he present :or line
is aestheticaily disaieasing, and tlnnarurai.
There is rechrucaily no change in proposed use of the land. The parcel to be acquired on
the south side of our exisnng home would simply shape our lot to a more pleasing configuration,
and allow our picture -window view ro be that of our +font vard, instead of an oddly angled lot
line and a neighbor's backyard. No new structures are planned for the enlarged parcel.
The Zoning and Comprehensive Guide Plan Designations would not change. The
surrounding land uses within 660 feet are. with the exception of Carriage Hills Golf Course, the
Woodlands Elementary School and a park. all entirely residential. The part acquired would
remain a yard, no public improvements or new buildings are planned. The existing land uses of
residential single family with large yards would be maintained What we wast to do is
accomplish this re -platting as quickly as possible, with a minimum of consequence to the owners
of the adjacent parcel.
( EXHIBIT C
Agenda Information Memo
March 4, 1997 Eagan City Council Meeting
.EGISLATIVEANTERGOVERNM ENTAL AFFAIRS UPDATE
A. RESOLUTION REUESTING LEGISLATION FOR
ROAD UNIT CONNECTION FEES
ACTION TO BE CONSIDERED:
To authorize a resolution requesting legislation for road unit connection fees.
My114KI
• The State Supreme Court ruled against the City of Eagan in the Country Joe v. City of Eagan
lawsuit concerning a legal authority for road unit charges.
• The court, in its findings, indicated that statutory cities are without the constitution or
legislative authority to use road unit charges.
• It has been the opinion of the City Council that if the State Supreme Court did rule that the
City did not have the ability to charge road unit connection fees, the City would pursue the
authority by requesting legislation.
• Due to the time frame, in order to introduce legislation the City Administrator proceeded
ahead with letters to Senator Wiener and Representatives Commers and Pawlenty with a
copy of the State of Minnesota Supreme Court decision.
• The City Administrator has also contacted each member of the legislative delegation and it
was suggested that information be coordinated by John Baker, Green Espel law firm, along
with information from the City Attorney's office so that a bill could be prepared for
introduction before the March 26 deadline for the introduction of new legislation.
r1r0r of"1101DQIVI
• Correspondence the City Administrator sent to S nator Wiener and Representatives
Commers and Pawlenty dated March 11, on pages &29through L�2
As you are aware, the State Supreme Court ruled against the City of Eagan in the lawsuit
concerning the legal authority for road unit charges. In its opinion, a copy of which is attached,
the Court indicated that statutory cities are without the constitutional or legislative authority to
use road unit charges. One of the reasons given by the court for its decision is that statute
specifically permits the collection of sewer and water access charges (SAC and WAC) which are
similar in purpose and application to road unit charges, but does not does not expressly extend
the authority further.
While we are disappointed in the conclusions of the Court, we believe that such charges are a
reasonable and prudent means of making new development pay its proportionate share of the
infrastructure improvements it requires. The Court's ruling suggests that road unit charges could
be legally applied if there were specific statutory authority for them. We believe that such
authority should be brought forward in legislation and enacted to permit all cities, not just Eagan,
to adequately fund their road system improvements without the general tax base having to
subsidize new development.
The League of Minnesota Cities, Association of Metropolitan Municipalities and Municipal
Legislative Commission have all considered the road unit charge issue in the past. These groups
have been supportive of cities having the authority for such charges but have not pressed the
issue legislatively, particularly while the City of Eagan's case was pending. With the Supreme
Court's ruling, we are asking those organizations to join us in supporting legislation which would
authorize Minnesota cities to impose road unit charges on new development as a means of
financing street improvements. Further, we are asking that the Minnesota Law be patterned after
that in Maryland insofar as it being retroactive for those cities which have used such charges to
date. We would ask that you support us by authoring such legislation.
MUNICIPAL CENTER THE LO/& T E MAINTENANCE FACILITY
3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH IN OUR COMMUNITY 3501 COACHMAN POINT
EAGAN MINNESOTA 55122-1897 EAGAN, N11NNESOTA 55122
PHONE (612? 681-4600 PHONE (612) 681 4300
FAX (612) 681-4612 Equal Opportunity/Affirmative Action Employer FAX (612) 681-4362
Tnn 01. 11) A1,e.n9;1r, Tnn /A1'\ ASA-Ar'SG
THOMAS EGAN
Mayor
March 11, 1997
PATRICIA AWADA
BEA BLOMQUIST
SANDRA A. MASIN
THEODORE WACHTER
SENATOR DEANNA WIENER
Council Members
303 CAPITOL
THOMAS HEDGES
75 CONSTITUTION AVENUE
City Administrator
ST. PAUL, MN 55155
E. J. VAN OVERBEKE
City Clerk
Dear Sen. Wiener:
As you are aware, the State Supreme Court ruled against the City of Eagan in the lawsuit
concerning the legal authority for road unit charges. In its opinion, a copy of which is attached,
the Court indicated that statutory cities are without the constitutional or legislative authority to
use road unit charges. One of the reasons given by the court for its decision is that statute
specifically permits the collection of sewer and water access charges (SAC and WAC) which are
similar in purpose and application to road unit charges, but does not does not expressly extend
the authority further.
While we are disappointed in the conclusions of the Court, we believe that such charges are a
reasonable and prudent means of making new development pay its proportionate share of the
infrastructure improvements it requires. The Court's ruling suggests that road unit charges could
be legally applied if there were specific statutory authority for them. We believe that such
authority should be brought forward in legislation and enacted to permit all cities, not just Eagan,
to adequately fund their road system improvements without the general tax base having to
subsidize new development.
The League of Minnesota Cities, Association of Metropolitan Municipalities and Municipal
Legislative Commission have all considered the road unit charge issue in the past. These groups
have been supportive of cities having the authority for such charges but have not pressed the
issue legislatively, particularly while the City of Eagan's case was pending. With the Supreme
Court's ruling, we are asking those organizations to join us in supporting legislation which would
authorize Minnesota cities to impose road unit charges on new development as a means of
financing street improvements. Further, we are asking that the Minnesota Law be patterned after
that in Maryland insofar as it being retroactive for those cities which have used such charges to
date. We would ask that you support us by authoring such legislation.
MUNICIPAL CENTER THE LO/& T E MAINTENANCE FACILITY
3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH IN OUR COMMUNITY 3501 COACHMAN POINT
EAGAN MINNESOTA 55122-1897 EAGAN, N11NNESOTA 55122
PHONE (612? 681-4600 PHONE (612) 681 4300
FAX (612) 681-4612 Equal Opportunity/Affirmative Action Employer FAX (612) 681-4362
Tnn 01. 11) A1,e.n9;1r, Tnn /A1'\ ASA-Ar'SG
Senator Deanna Wiener
March 11, 1997
Page Two
We will be happy to work with you, the various city organizations and our legal counsel in
preparing this legislation. John Baker of Greene Espel, who represented the City in this matter, and
Jim Sheldon of our City Attorney's office can provide you with additional background regarding
the Court ruling and its implications. Please contact me at your earliest opportunity to discuss
introduction and Committee deadlines. We want to move forward with legislation in this regard yet
this session. Thank you for your help and I look forward to hearing from you soon.
Sincerely,
f�
Thomas L. Hedges
City Administrator
cc: Honorable Mayor and City Councilmembers
Tom Colbert, Director of Public Works
Gene VanOverbeke, Finance Director
Jim Sheldon, City Attorney
John Baker, Greene Espel
Bob Renner, MLC
Vern Peterson, Executive Director - AMM
Jim Miller, Executive Director - LMC
Enclosures
03/06/97 10:27 PAI 612 373 0929 GREENE ESPEL Q003/013
STATE OF 1VIINNBSOTA
IN SUPREME COURT
C&95-2289
Court of Appeals iieith, C.J.
Country Joe, Inc., et al.,
VS.
City of Fagan, petitioner,
Filed: Marcb 6, 1997
A Office of Appellate Courts
SYLLABUS
A statutory city lacks express or implied authority to impose a road unit connection charge
as a condition to issuance of building permits within its borders.
Affirmed.
Heard, considered and decided by the court an bane.
OPINION
KEITH. Chief Justice.
This case requires us to decide whether the City of Eagan may lawfully impose a road emit
coaloection charge as a condition of issuance of all building permits within its borders. The city
Adoptrd such a charge in 1978 for the purpose of funding major street IInprovaumts. The
respondemts, home building contarsctors, challenged the city's authority to impose such a charge and
soffit a refund of all charges collected within the six-year statute of limiwJons. They also caught
clans certif>cation on behalf of themselves and all others subjected to the urge. On cross-matiam
for sutmtnary judgment, t°l s parties entered into a stipulation c LUInj for the disatt court to irdtWy
consider only the question of the city's authority to impose the charge. After A hearing, the district
-1-
(o%.2_
R -96M 612 373 0929 03-06-97 11:29AM P003 #11
03/06/97 10:27 PAX 012 373 0929 AtEE G ESPEL Q 004/013
taut concluded that the city had the lutbority under its polite powers to impose a road unit
connection charge. The court of appeals reversed, concluding that the charge was unauthorized
either by statute or case law. Comjvy Joe. Inc. v. Ctty of Eagan. US N.W.2d 281, 284 (Mian.
App. 1996). We affirm.
On February 14, 1978. tate Eagan city council adapt a resolution imposing a road unit
connection charge payable as It Condition to issuance of all building permits within the city.' The
resolution stated that its purpose was to provide "an Kpd able source of l nxft for major ommty
and city street construction * * * in order to accommodate new development and traffic generated
from future anticipated residential, commercial and industrial construction * * *."
The charge was prompted by a study conducted by the city's consulting engineers in 1977.
which projected a shortfall of $1.11 million in finds available to finance major street construction
in the city through the year 2000. The consulting engineers proposed that the city malas up this
sbartfall by imposing a road unit connection charge, patterned after the water and sewer connection
charges already imposed by the city pursuant to state law. See Minn. Stat. 1444-075, sabd. 3
(1996).
The city deposits road unit connection charges collected into a Major Street Fund account.
The resolution resolved in part:
3. That the Following unit commdon charges be required to be paid at the time of
acquisition of fluure building permits in the City:
a. For single family, double bungalow and townhouse residendw building units . $75
per unit.
b. For multiple ihmily residential units - 80% of the normal residential unit eennection
charge.
C. For commercial and ' industrial building permits - amount &Urmined on an acreage
basis or portion dlezwf with three txsldential units per acre and a minimum of one
residential equivalent unit connection charge.
2-
60��
R-96% 612 313 0929 03-06-97 11:28AM P004 till
03/06/97 10:28 FAX 612 373 0929 GREENS ESPEL Q005/013
alb with other $= us of road funds.1 Funds are not earmarked for any particular project and
dw city does Cot attempt to link expenditures to MW particular Amdtng source. In addition to major
R-95%
street troasMX-bon costs, miacellaaeous chutes Such As sealCoating asci the purchase of eigual lights
are occasionally paid am of me account.
The origiml plan recommended that the change "be reriewed annually and uxally revised
every 5 years in order to adjust for any tci,gnill= changes in construction mats, MW=e projections
or changes In die development pattern within the City of Fagan." In December 1979, the city
revised its estimated costs of Construction upward to include the addition of pedestrian walkways to
the city's street design. As a consequence, the city increased the road unit connection charge for a
single family residence from $75 to $185. Except for amoral increases based on an inflationary
index, the plan has not been updated shm this Initial revision of 1979. The inflation-adjusted charge
for a single family residence had increased from the initial $75 to $410 at the time this lawsuit was
filed in 1994.
On Well, the city contends that the imposition of a road unit connection charge is a lawful
exercise of its implied powers ander Minnesota law. The city suggests that the authority to finance
road improvements can be implied from several sources, including the city's municipal planning
authority under Minn. Stat. eh. 462; the implied power to impose an -krq act fee- to Hund
infrastructure improvements, as currently recognined in numerous other nates; and the city's power
W collect regulatory and license fees pwsuaat to its genera] welfare powers under Minn. Stat.
1412.221, subd. 32.
1.
The city of Fagan is s "statutory city," ram it is a municipal corporation that has not
' The city's Finance Director tesdfled that road unit connection chuges collected are
commingled with the city's "ad valotetn tax levy. Some special assessment collections, interest
earnings' and other miscellaneous revenue sources in The Major Street Pund.
-3-
612 373 0929
03-06-97 11:28AM P005 #11
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add a home rule chatter as provided for under Minoeeota law. Su Minn. Stat $ 410.015. As
a limited statutory creation, the city has no inherent powers beyond those "expressly Ooderred by
statute or itmplied as necessary in aid of those powers which have been expressly conferred."
Mangold Midwest Co. v. 111148e of Rfd&ld, 274 Mina. 347, 357, 143 N.W.2d 813, 820 (1966).
We first consider the cdty's contention that the road unit connection charge is a valid exercise
of its implied municipal Plamling autbority under Minn. Stat. ch. 462, the MuNdpal planning Act.
The policy statement introducing See act clearly expresses the le fislature's intent to confer brad
Plsonning authority on cities: "It is the purpose of sections 462.351 to 462.364 to provide
municipalities, in a single body of law. with the necessary powers and a uniform procedure for
adequately conducting and implementing municipal planning.- Minn. Stat. 1462.351. 'the city
inserts that the road unit connection charge is merely an ex aVle of its lawful exercise of the broad
planning authority conferred upon it under the act.
The city relies on our decisions in two municipal planning cases is support of its assertion.
In Naegek Ourdoor Adver. Co. v. Ytl148e of Minnetonka, we upheld an ordinance adopted by the
village requiring advertisers to phase out billboards located in exclusively residential zones. 281
Minn. 492, $05, 162 N.W.2d 206, 215 (1968). We conchided that while no statute expressly
authorized such an ordinance, the power to do so must necessarily be implied to ef[ectuate the
village's express statutory sul,ority to create exclusively residential districts. !d. at 504, 162
N -W -2d at 215.
In Alpnqulst v Town of Mmshan, we upheld the town's adoptim of a zoning moratorium
against a landowner's coammion that, by expressly .extending the nIhority to ,adopt such a
morataium to county boards while remaining silent an the power of municipalities 14 adopt similar
moratoria, the legislatum evinced an intent to withhold the authority from municipalities. 308 Minn.
52, 64, 245 N.W.2d 819, 825 (1976). We rejected the negative f *re= urged by tlr, landowner,
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r
noting that, Mong -other argwnaim. "an equ&Uy permuaaive argument may be made dtat the
leghlantre * * * simply assumed that municipalities had inhercM power to enact such ordinances.'
Id. Thus, the cityurges that alter Abmpdst, absent sn explicit expression of a contrary purpose by
the legislature, cities are presumptively endowed with broad municipal planning powers—including
the power to finance municipal improvements—subject only too do bmitstions of good faith and
nondiscriminsd= Id. at 65.245 N.W.2d at 626.
Relying on Almquist, the city txmtends that the court of appuls erred in conciltding that the
legislature's Endure to explicitly authorize the road unit connection charge in the tax atatM was an
"explicit expression" of its intent to withhold such autbority. Country .lot, 548 N.W.2d at 284. To
The contrary, the city asserts that not only is the construction of roads to meet new development
needs reasonably related to the welfare of its citizens, see Minn. Stat. $ 412.221, subd. 32, but also
the implied authority to finance such construction can be derived from the Municipal Planning Act,
see id. 1462.35 1, as well as from the city's authority to make public improvements under Minn.
Stat. 1429.02 1, subd. 1 and Mian. Stat. 1412.22 1, subd. 6.
Finally, tate city cities a Virginia case in arguing that the "lwtbority to fmame public activity
is implicit in [the] authority to undertake it[.]' In Tfdrwater Assn of Hontebuilders, Inc. v. City of
Virgfnta Beach, the Virginia Supreme Court rejected the contention of an association of contractors
that statutory authorization for a $200 million wager project alone was insufficient and that "the
financing mechanism or fee chosen by the City twist be authorized separately + * *," 241 Va. 114.
118.400 S.E.2d 523.526 (1991). The court noted,
In order to exercise the duty and P.Aority to provide a water systmn dun, the
cosrespondiag ability to pay for the system must exist: We agree with the trial court
that the ability to finance the cost of providing this service is inherent in the authority
to provide it, and the specific mechanism chosen by the City to futtutce the project
octad not be defined by statute.
Id. at 119, 400 S.E.2d at 526.
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We agree that Naegeli and Almquist broadly define a city's ability to pbui for flee use of
property whhin its borders. ?hat the Municipal Plantr'ag Act expressly confers broad municipal
pkwdn.o powers on cities does not weessariiy imply Heat the legislature similarly intended to confer
broad ,jlnmcing powers under the act. In t=act. the k&lmmis actions support The opposite
conclusion. Although The legislature expressly provided for flee sever sad water charges On Which
the city patterned its road unit connection charge, see Minn. Stat. 1444.075, subd. 3, it !ailed to
provide such authorization for a road charge. That this lack of express stanetory suthorization was
not the result of legislative oversight is evidenced by statutory provisions expressly establishing
special assessmern as the mechanism by which cities are empowered to finance road improvements.
See Minn. Stat. 11429.021. subd. 1(1), 412.221. snbd. 6.
The Virginia court's decision in Tidewater is thus readily distinguishable.' In Tidewater,
the court noted that the Virginia legislature provided no hording mechanism at all for the water
project which it had authorized. 241 Va. at 119, 400 S.E.2d at 526. In contrast, the Minnesota
legislature has specokally provided it funding mecbanisrn for road improvements: therefore, ao
funding mechanism need be implied to effectuate the legislative grant of authority to undertake road
improvements. q. Naegele, 281 Minn. at 503-04, 162 N.W.26 at 215 (holding that flee power to
amortize nonconforming uses must Necessarily be implied in face of legislative silence in order to
effectuate the village's express power to create residential zones); Almquist, 308 Minn. at 63-65, 245
N.W.2d at SU -26 (holding that dee power to adopt a zoning moratorium may be implied to
effectuate the gown's zoning powers despite the legislature's silence on whether cities. as well as
counties, possessed such authorhy). Accordingly, we eonchtde dial the authority to impose a road
unit connection charge cannDt be implied from the city's municipal planning antbority. See Mangold,
As an initial matter, Tldewarer did not involve road impact fees of the type enacW by the City
of Eagan, which coincidentally were specifically proWded for under Virginia law. 241 Va. at 118,
400 S.E.26 at 526. '
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774 Minn. at 357, 143 N.W.2d at 820.
11.
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The city next coni ends that the court of gTeals *axed in rejecting case law from ower
jurisdictions approving of similar charget a= 'irFact tees.' Impact fees have been Laded by local
g0veramen% in recent years as a welcome means to `shift a portion of rule cost of providing capital
facilities to serve new grave* from the general tax bast tb the new devclnpment generating the
demand for the ficiliities.' Martin L. Leitaer A Susan P. Schoettle, A Survey of &M Laud Fee
2habling Legislation. in Exactions, Impact Fees and Dedlcations: Shaping Land -Use Development
anal Funding Irftastructure in the Dolan Em 60 (Robert B. PreiTich & David W. Bushek eds.,
1995).
An impact fee has been defined as a form of development cxwtion that is:
* in the form of a predetermined money payment;
* assessed as a condition to the issuance of a building permit, an occupawY permit or plat
approval;
* pursuant to local government powers to regulate new growth and development and
provide for adequate public facilities and services;
• levied to fund large-scale, off --site public facilities and services necessary to serve new
development;
+ in an aawount which is propordaaate to the need for the public f&cilides generated by new
development.
Brian W. Blaesser tit Christine M. KCUMpp, LVact Fres: the "Second CerteMd0n, 'in 1991 Zoning
and pkvu ►tg Handbook 255, 264 (Keaaeth H. Young ed., 1991).
CommentatorsMan that an impaet fee an *om s tax in that an impact fee is levied
as "compensation far the services rendered." Id. it 266 (citation mitted). Thus, by to the 000=Pt
Of a true impact fee is that the amount assessed a developer must roiled the cost of itrrasauct tre
improvements necessitated by the development 12elf. Conversely, 'a charge having no relation to
the services rendered, asseased too provide general revenue rather than compensation, is a tax." !d.
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Impact feet have also been distinguished from spe bj usesaments: °Tbc primary ditfetenoe is that
special assessmenI3 represent a measure of the bentyit of public improvetnethts an new or existing
development, whereas impact Bees typically measure aha cost of dw demand or need for lrublic
Facilities as t1 result of new development only.' Id. at 267 (eanphasb added).
The contractors argue that impact fees are lawful only if such fees are auft iwd, or
appropriately limited. by state emblfag legislation. Tbey cite a thumber of rases, from other
jurisdictions in support of their cmftndon that it "is well-settled that impact fees, such aj &a Road
Unit Charge, are illegal without specific enabling legislation. -4 They also point to the failure of a
bill proposing an impact fee in a recent session as evidence that the Mhmesota legislature has not
endorsed the concept of impact fees. See H.F. 988, 79th Leg. (Minn. 1995) (a bill to =end �
462.358 of the Municipal Planning Act to authorize school impact fees).
The city responds by citing a member of decisions from other SOW that allegedly uphold the
imposition of impact fees without express statutory enabling legislations
We conclude, however, that we need not reach the issue of whether impact fees are
authorized in Minnesota in order to pass on the validity of the road trait connection charge imposed
by the city. By definition, an impact fee must be 'in an amount which is proportionate to the need
for the public facilities generated by new development." Blesser dt Kentopp at 264. In this case,
Sec Aum Hack Ridge Estates, Inc. v. Plmrniq C'omm'n of Danbury, 160 Coag. 109, 273 A.2d
880 (1970); Idaho Bldg. CostractorsAss'n v tarty of CoeurD'Atene, 126 Idaho 740, 890 P.2d 326
(1995); Coronado Dev. Co. v. City of McPherson, 189 Kan. 174, 368 P.2d 51 (1962); Eastern
Divers(jied Properties, Inc, V. Montgomery Courcy, 319 Md. 45. 570 A.2d 850 (1990); Wlelepski
v. Harford County, 98 Md. App. 721.635 A.2d 43, vacated on other grounds, 335 Md. 225, 642
A.2d 1357 (1994); Middlesex & Bostmn St. Ry. V. Board of Aldermen, 371 Mass. 849, 359 N.E.2d
1279 (1977); New Jersey Builders Assn v Bemardr Tb*whip, 108 N.J. 223.528 A.2d 555 (1987);
MUis Homes, Inc. v. Snohomish County. 97 Wash. 2d 804, 650 P.2d 193 (1982).
! See AssocWed Horne Widers Rf Greater E. Bay, Inc. v. City of Walnut Creek, 4 Cal. 3d 633,
484 P.2d 606 (1971); Contractors & Builders Assn v. City of Dunedin, 329 So. 2d 314 (Fla. 1976);
Holmdel Buflders Assn v. Township of Holmdel, 121 N.J. 550. 583 A.2d 277 (1990); Tidewater
Assn of Homebuilders, Inc. v. City of Virginia Beach, 241 Va. 114, 400 S.E.2d 523 (1991).
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however, the city essendalty ignored its own consulting emoneen' Mendeft that the mad unit
connection charge be periodically updaW to account for Changes in costa. reeveaue projections, or
patterns of development. Thus. for die period in question, there is insufficient evidence that the
charge was prapM*MaM to the need created by due development upon which Me burden of payment
tell. Accordingly, we reserve the issue of whefer b4act lbes are muthorized m0er Minnesota law.
but reject the city's contention that the road unit wnwtion charge driw°c its authorb:adm as such
a fee.
M.
The city's final argument is dW the court of appeals erred in conchAing that the road unit
connection charge is an unlawN tax.6 The city arguee thu the charge is not a tat and suggests that
the charge is authorized as a reguialbry or license fee under its genal welfare powers. See Mian,
Stat. 1412-221, subd. 32.
We have conelstently rejected Me argument that the geaerai police power extends to permit
revenue raising measures by municipalities. Wben it has been apparent that a city's true motivation
was to raise revenue—and not merely to recover the costa of regulation --we have disregarded the fee
Label attached by a municipality and held that the cbArge In question was in fact a tax. See Spate v.
Lobo's Direct Serv. , 232 Minn. 175, 182, 44 N. W.2d 823, 827 (1950) (strilciag down a fee on
gasoOl ne pumps as "a tax for the purpose of producing more revenue for the municipality"); Damson
. Y. My of Minneapolis, 212 Minn. 566.570.4 N.W.2d 622.624 (1942) (invalidating a Iicesw fee
#ter concluding that "(w]hat the city council aoalght to accomplish, and did accomplisk was the
=cmrnt of a revemie MCasure").
6 The court of etpMh did not expressly sten that the basis of its opinion was that the cbx %e
WAS In uNawfUl tax. However, fie court did sure, "A decision of this court upholding a road unit
connection charge would, we believe. directly contravene the intent of the legislature in providing
specific limitations on the power ro tax." COOMry Joe, 548 N.W.2d at 286 (emphasis added).
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Tbee eonb utors :cert that the road unit connection charge cannot find validity 'under the
R -96X
cloak of the city's police power' for two reasons: best, dun is already a separate beailding permit
fbe a+hieb covers the purely regulatory costs of bu11W permit issuance weld enn nn=W; and
W -Ord, the plain bnpqe of the resolution enacting the charge indicates that it was enacted 'for the
Purpose of funding oversizing of major streets' as wcll as to provide "an equitable scntrce of
funding" for such development and was. thus, expressly bmmed to raise revemhe. we agree.
We conclude that the charge is a revenue measure, benezi ft die public in , and is
not an authorized exercise of the city's police powers. In rewhitg this conclusion, eve Sad it
significant that revenues collected from dw road unit connection change are not earmarked in any
way to Rand projects necessitated by new development, but instead Rand all major street constriction,
U well as repairs of existing streets. Because it is not a purely regulatory orlicense fee but instead
a revenue measure, the road unit connection charge is a tax which trust draw its authorization, if at
all, from the city's powers of taxatian. Accord Eastern Dlvm&d, 319 Md. at 54-55. S70 A.2d
at 85455 (determining that a road improvement impact fee was s tax because '[n)othmg s * *
suggests that * * * [the) fees are charged solely on the basis of service provided to the property
owner, cr to defray expenses of the development regulatory process");1Yilds Roma, 97 Wash, at
BOB, 650 P.2d at 19495 (holding that park assessments, "although characterized by the Counties as
fees * * * are taxes, rather than fees" because the ordinances were designed to raise revenue); Idaho
Bldg. Corm mrs, 126 Idaho at 743, $90 P.2d at 329 (oanclud4 that davelopn= impact fee not
Malted geographically or to hWrovements to be used solely by those creating the new developments
was a tax and int a fee); Mtelepski. 98 Md. App. at 730, 635 A.2d at 47-48 (taking judicial nodes
Of the fact ftrhat "improvements m public roads benefit !be public in general, not only the border�g
p7ngcrgr owners' In cowhidicg ,last fee wss an Olegshl
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The tang vidwrity afforded munkipa kim uWer state law is deliMed in Mina. Stat.
2-95%
1412.251. Although Minn. Sett.1412.231 specifies that mmniaipaildes Ire authorized to levy nixes
for ,mmfi far -m xhing purposes m "provid[iqj m uicsl CnwTmj=W b the paublic, • *for band
purposes.' sad 'for the support of a tuuniclpai forest,' we conclude there is aca&iq in the statute
euestiag the m timrity to Impose sq%hing skniiu to I toad unit coemecdon charge. See Mian. Stat.
1412.251. Although paragraph 11 of Mina. Stat 1412.251 oparrm as a AQ proviskm,
lE king a C11's Mrbx* m impose "odw special tmtea authorized by law,• we elude on the
basis of our preceding uWysh that the road unit commeAm charge is not to "authorized by law. •
Minn. Stat. 1412.251(11). Accordingly, we conclude that the road unit con,amdon charge r mn,
find v6.ity under the city's power of taZation.7
7 Bamuse we conchWe that the rOW runt coffin charge is umiftrized under Mim u to
law, we treed not ranch to en's ugutnent that the dbwge is am uaconstsnrdowl wl6mg withom
Jut Co on. The a nkw curiae raises the addidorml argument that. bused on me .court of
sppeds decision In QY8tal Grm v. C* Of Crystal, the conUU unrs waived their right to ehallenge
thea road unit c+onmwivct dwp by failing to challenge the dtarge sit an enniietr due. See 421
N.Rl.2d 393 (Minn. App. 1988), pet. jbr rev. dented (Mian May 25, 1988). Howrm, because
thin Lane was mid= reachmi by dee district conn am raised by a para+ 'before mus court. we
hUwise decline to addrm it on review. See Thgyer v. Americwre Fin. Advisers, lac.. 322 N.W.2d
5%. 604 (Mian. 1982) (deelining to consider as Issue not 'considered by tht< trW court In deddlos
the miter before it"); State v. Applebo mit Mks., Inc., 259 Mims. 209.216.106 N.W.2d 896.901
(1960) (holdkq that am ko c rise may not rake the issue of the eonsdtudonality ofa statute when
the issue was not meed by #M ptv to the w4oJ
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