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02/18/1997 - City Council RegularAGENDA -` RAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 18, 1997 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. RECOGNITION OF ADVISORY COMMISSION MEMBERS' SERVICE V. DEPARTMENT HEAD BUSINESS (BLUE) p,1 A. OAK WILT Update YVI. CONSENT AGENDA (PINK) ,a A. PERSONNEL ITEMS .�( B. APPROVE 1996 Budget adjustments to the General Fund /V C. FINAL PLANNED DEVELOPMENT, Lot 1, Block 2, Eagandale Office Park, JBL T Companies p A�, D. FINAL SUBDIVISION, Acorn Pond - Dave Peters I E. PROJECT 692R, Cancel project designation and public hearing (Old Sibley Highway) /I ilo,ff F. PROJECT 682R, Cancel project designation and public hearing (Deerwood Townhome - Utilities) p�/ G. PROJECT 718, Receive feasibility report/order public hearing (Deerwood Reservoir - Trunk Watermain) L / H. CONTRACT 95-13, Acknowledge completion/authorize final payment (North Ridge Drive - Utilities) P.z I. MASSAGE THERAPIST license application - Kristen Kastl-Kalland to practice at Body Wellness Center, 2121 Cliff Dr. #214 P, EXEMPTION from lawful gambling license - Metro/Twin Tom Chapter NWTF, raffle to be conducted at Royal Cliff, March 15, 1997 VII. OLD BUSINESS (ORCHID) P A. INVER GROVE HEIGHTS Joint Powers Agreement VIII'./ NEW BUSINESS (TAN) P,3 j� A. REZONING - Royal Oaks Realty, 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 SE 1/4 of Section 36 IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 4, 1997 A regular meeting of the Eagan Cit': Council was held on Tuesday, February 4, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present'W&e Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Aditr)7gfr�pr.:ToM:.-t-1 pges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City fftQitiey ::litjl9tsiltci:;:::::: Councilmember Blomquist moved, Councilmember Masin seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 Councilmember Awada moved;:::�ouncilr66i:hber Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0::::: Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilm:enrlir~rfillasirfi:seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 115 FINANCIAL SUMMARY/CLO§it::6jf.T; kaCOMMENDATIONS, MUNICIPAL CENTER CONSTRUCTION PROJECT City Administrator Hedges provided an overview. Councilmember Blomquist asked for clarification on some of the figures contained in the memo from the Director of Finance. She said that the money the Council had previously authorized for the Single Family Housing Bond Fund was supposed to be used for housing. She further said that she disapproves.sof:any remaining fund balance being used for the ice arena. Mayor Egan commented that all the mon i:t#i :livA A�i�t�i.0:d:.for the housing fund went toward housing and the balance remaining is the interes#:iirafned oci::tii initial amount. Councilmember Awada questioned the need for the $75,000 Phase 11 landscaping ' itocation. City Administrator Hedges stated that a breakdown of the landscaping cost will L).e,:provided:to-the City Council. Councilmember Awada requested that the $75,000 Phase II landscapingkiigication.t#:excluded from consideration at this time until further information is provided. Councilmember Awada moved, Councilmember Masin seconded a motion to approve the close out recommendations for the Municipal Center construction project excluding the $75,000 Phase II landscaping allocation until further information is provided. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) RESPONSE TO QUESTION::$tEGAALl6M. CONFLICT OF INTEREST City Administrator Hedges explained the response tfrrtwas provided to the City Council by the City Attorney in regard to the question of cQnPict of interest raised at the January 21 City Council meeting. Councilmember Awada asked if a confla:�rould exist if.aCqir"ilmember owns stock in the company they EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 4, 1997 PAGE 2 are employed by. City Attorney Sheldon stated that it would depend on whether a Councilmember is a contract or non -contract employee. Councilmember Masin clarified ihi f no criticism was intended toward Northwest Airlines in regard to this issue. She stated that it is impo;tant,.to...Opfine;.:the..proper conduct of Councilmembers. She suggested that the City Council could ai#gp%&:Goi#e:pf Ctkiip,;;:;. City Administrator Hedges noted that the League of Minnesota Cities' Handbook ,pro"v"ides a' w61rkilig ' understanding of acceptable conduct of Councilmembers. He added that the CquKgilmembers' code of ethics is at their own discretion. He further added that examples of other cities' Cabs of Ethics could be provided to the City Council as per their direction. Councilmember Wachter said that each Councilmember should rely on their conscience and must use common sense in determining their conduct. He felt there was no need for further rules and regulations. Councilmember Blomquist mentioned that she had researched other statutes which may apply in governing Councilmembers' conduct. Councilmember Awada requested that staff copy the section pertaining to elected officials' conduct :ifi:the League of Minnesota Cities' Handbook and distribute the information to the Council. In addition ;;CounciIrri�Mber Masin also requested that copies of what other cities have adopted as Codes of Ethics:tii . distributed to the Council. In regard to Item C, Pet Shop License Renewals -Heartland Pets 1960 Cliff Lake Road: Walmart, 1360 Town Centre Drive-, Wetworld 3390 Coachman Rd. #206t Pet FoodWarehouse. own Centre Drive (reviad dl. Councilmember Blomquist asked for clarification on one of the pet shop licensing regulations. In regard to Item D, Tobacco Sales License: 71".1 Tobacco Ltc . i4ju YanKee L Councilmember Wachter stated that he would..vot...* i"t, this item out of concern for youth. In regard to Item G, Street Naftji C nae - Q�:of Eagan Hampton Drive to Uer Councilmember Wachter said that the latest::r#vis.lon:.being requested is acceptable to him. In regard to Item H, Extension for recording gonditional use permits Tor KlcnTIela VaCKioD. Councilmember Blomquist asked if the neighboring property owners were notified of the request for extension. Senior Planner Ridley said that City staff wants to ensure that everything is in order before the CUP is recorded at Dakota County. City Administrator Hedges reiterated that the request for extension is being made on behalf of the City. In regard to Item K, A=, Councilmember Blomquist asked for c Recreation Vraa stated that the neigh equipment to each other. He further equipment and operator to groom cro the City for the work. Councilmembi purchase their own equipment. Vraa based on the limited need of the City. if�iiri {aih::t%?� tieeci'fior this agreement. Director of Parks and cities c a cooperative agreements that allow them to loan that this agreement will allow Dakota County to provide the ntry slik:;trails and the tubing hill at Trapp Farm Park and bill l:f .k0: #,would be more economical for the City to 1h6t.t4ti ::ipment would be too expensive to purchase Item 1. It was recommended to approvetk�e:it�g?#;`i'>ami Wheelock as a GIS Technician in the Utility Division. Item 2. It was recommended to approve the hiring of a 'person to be recommended as the part-time Building Maintenance Worker in the Parks Department. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 4, 1997 PAGE 3 Item 3. It was recommended to accept the resignation of Brian Distad from his position of temporary part- time Recycling Intern. Item 4. It was recommended to approv4i: ig` hiring of Chris Larson as a temporary seasonal Boot Hockey Official. Item 5. It was recommended to approve thii t6rMihbfi6K*bf*09Vid Sorby from membership in the Volunteer Fire Department as recommended by tlig.txecutive Board of the Volunteer Fire Department. (This item was continued to the February 18 Cityq meeting.) . Item 6. It was recommended to approve Pat Trembley, Mike Morotz, Bill Knoll, Steve Plaschko, Joe Werden and Jon Stevenson as apprentice members of the Eagan Fire Department. Item 7. It was recommended to approi'i**'.'t'he hiring of John LeMieux as a seasonal street maintenance worker. B. Resignation. APC Alternate position.:.:jt-was re6bhimended to accept the resignation of Shawn Hunter as the alternate to the Advisory Planning..Com mission ....... 'n'd' �ets. 1960 -Cliff 1_6166 Road Wa mart. C. Pet Shop License Renewals - Heartland 1360 Town Centre Drive Wetworld. 3390 Coachman Rd. #206@ Pet Food Warehouse, 1296 Town Centre Drive (revisitgdL It was recommended to approve renewals of pet shop licenses for Heartland Pets, 1960 Cliff Lake Road; Walmart, 1360 Town Centre Drive; Wetworld, 3390 Coachman Road, #206; Pet Food Warehouse, 1296 Town Centre Drive, as presented. D. Tobacco Sales License - Tobacco Etc., 145.0:.Y } w �.bo' ie Rd. It was recommended to approve a tobacco sales license for Tobacco Etc.,Joci X1430:' Doodle Road. (Councilmember Wachter opposed) E. Temporary Beer License - Mens Club Eg[fv`a'&- :-00�1ighing to be held Saturday, March 1. It was recommended to approve a temporary beer license for'fh6�W. - Publishing Mens Club -Party on Saturday March 1, 1997. F. Final Planned Development - Decalla Pr=rties, LLC for Lot 2. Block 1. Rahn Ridge 2nd Addition, It was recommended to approve a Final Planned Development for Lot 2, Block 1, Rahn Ridge 2nd Addition located west of Rahncliff Road, just north of the new Hedlund Engineering building. ........ .... .......... .. .... ........... .......... G. Street Name Change -City of Ea tlW gA0%:WIni616h oo'6ben mark Avenue, It was recommended to approve the changing of the street qp*.m'*e "Han'I'p"t.... .O.h Drive" to "Denmark Avenue" at the southeast intersection of Lone Oak Road and Interstate 35E. * * * H. Extension for recording conditional ijte:off --- _ =' :?&:Rmd1fiW-Blacktop_ It was recommended to approve a 60 day extension of the time for recor8ii 'g"::b*mM*i'�'Al"b*'t*'*Wm,f:'t*)'�''�*:*P.*Iermits for Lot 5, Block 3, Letendre Addition No. 2, located east of Highway 13 and north of Letendre Street at 3206 Sibley Memorial Highway. I. Vacate Easements, Receive petition/schedule public hearing (Lot 17- Block 2. Suncliff 5th Additpon) It was recommended to receive a petition to vacate a.drainage and utility easement for Lot 17, Block 2, Sun Cliff 5th Addition, and schedule a public h March 4, 1997. J. Vacate Easements, Receive petition/a� I '1e -public heai'ijg (Lot 1 and 2. Block 3. Eaaandale Corporate Center), It was recommended to receive a' petition to vacate"t*fiIrainage and utility easement for Lots 1 and 2, Block 3 Eagandale Corporate Center'*;'::4'rhd schedule a pul5k. hearing to be held on March 4, 1997. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 4, 1997 PAGE 4 K. Approve Agreement with Dakota County Parks for trail grooming. It was recommended to approve an agreement with Dakota County Parks DEpertment to provide cross country trail and tubing hill grooming and authorize the Mayor to execute the Agteement. L. Approve Resolution amending�g�II .GsQf�3�fI�L1Ye $.k�L- Oak Hills Church. It was recommended to approve a resolution amending the Eagafi: tiitapri2thi ti ive:CyI a Plan on approximately 14 acres, from D -III Mixed Residential (6-12 units per apno to PF Public Facility to allow construction of a church located at the southeast corner of Yankee Doo&i.-.:toad and Coachman Road in the NW 1/4 of Section 16. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 CONSIDER APPOINTMENTS TWTHE BUkASVILLE/EAGAN TELECOMMUNICATIONS COMMISSION, ADVISORYTLANNI I COMMISSION, AND SOLID WASTE ABATEMENT COMMISSION City Administrator Hedges provided'aiY�rt i6Nii VW'.-'�, Ktjil-Augustin was appointed to the one-year alternate position on the Advisory Planning Commission by Council ballot. Councilmember Wachter moved, Councilmember Awada seconded a motion to direct staff to advertise in the local newspapers for the position on the Burnsville/Eagan Telecommunications Commission. Aye: 5 Nay: 0 Councilmember Awada moved, ,.Gour- c64i li?rr'tie Wachter seconded a motion to direct staff to advertise in the local newspapers and: cantddt the a.- amber of Commerce regarding the business representative position on the Solid Waste A02tement Commission. Aye: 5 Nay: 0 Councilmember Masin suggested contacting fila thtee;iocal high schools to see if any students would be interested in applying for the position on the Burnsville /Eagan Telecommunications Commission. Councilmember Blomquist stated that she is not opposed to this idea but said this issue should be discussed at a Council worksession and a policy drafted. Discussion continued regarding students serving on various commissions. Councilmember Awada stated that this position should be advertised and hired with an adult member and the issue of student representation should be discussed at a future work session. IA Tom Pederson, addressed the'tity Council::and asked for clarification on the resolution of the conflict of interest issue and whether th6::Minutes frorp the January 7 meeting were approved as written. Mayor Egan said that there were no c6tmq"..to. : Cnlnutes; Mr. Pederson stated that the accusation Made by one of the Councilmembers wao:,Un, oud :aitaiz Ord jo another Councilmember having a conflict of interest, " ... CONDITIONAL .r&EFIEI'>� - DART TRANSIT City Administrator Hedges provid66:�n overview,' " for Planner Ridley gave a staff report. Dan Oren, representing Dart Transit, addressed the Council irl discussed their business operations and explained their need for additional spac6 :::He stated that they:. -do not have any immediate need to expand their building because they have empipy es.,attown, but they need additional space for EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 4. 1997 PAGE 5 outdoor storage. He further stated that they need the space now and he did not feel they can wait until the Trucking Study is completed. Gary Sarntoorjian, representing the applicant, addressed the Council and reiterated Dart's need for outdoor storage:.::::. Chuck Torkilson, 510 Rolling Hills:: Girclei::afidresi.;the Council and stated that it would be appropriate to wait until the Trucking Stud:aiiclie HigliNy:Sand T.H. 149 study are completed before the application is approved. He said that T.H. 149 cannot handle an additional 500 cars per day. He expressed his concern for the potential irr0ase in accidents near the intersection of Highway 55 and T.H. 149. He stated that an Indirect Source -hermit would be required for the driveway to connect the two existing properties. He further stated that the proposed landscaping on the Sill's property would only cover half of the facility and would not block the view of the property owners. He summarized by saying the applicant should wait until the two studies are complete and they should come back to the Council with more concrete plans. Mayor Egan said that if an addiiionai 500:*:6ars per day is proposed to be added to T.H. 149 additional reassurance would be needetl;. regard:€t%% the Indirect Source Permit. Senior Planner Ridley stated that the proposed use does not require a mandatory ISP, but he added that the City could require one. He also clarified the access to thepwoelS;rQr::tkla:rhert-Ingersoll Road. John Young, member of the Eagan Small Business Association, addressed the Council and stated that the Trucking Study being conducted is very complex and could take a long time to complete. He further stated that he is concerned about the retention and growth of existing businesses in the City and he suggested that the Council should approve the applicant's request. He added that the increased traffic as a result of this use could help to obtain funding from the slop because of the additional congestion on T.H. 149. Mr. Santoorjian stated that they:ar`e: ;i6i:'-1(yIhg tot rrcumvent the process but have business needs that must be met. He explained that they .,are. trying tb::avoid additional expense in the preparation of detailed plans if the City Council is going to::drty:t#�erequest for outdoor storage. He said that they understand the residents' concerns about the increased:€rafflc;:.but he added that stifling development will only delay the needed improvements to T.H. 149. He clarifies:#klat they are satisfied with the access from the private road. Mr. Oren explained that the sites are to be used primarily for trailer storage. Councilmember Wachter stated that the City requires grading and development plans to be completed prior to the approval of a CUP. Senior Planner Ridley said that the applicant did not want to put more money into plans until the use is approved. Mr. Oren noted that if the request is approved the proper plans will be submitted for Council::e i itiival..::Gs,ui olinember Wachter said that it is difficult to approve the CUP with so many details uhi wwn': Mayor Egan said that the CouRciJ could.be viewed as unreasonable if they grant preliminary approval to this applicant and then denci;her applicants' requests for preliminary approval. City Attorney Sheldon stated that a CUP is permitted;tfC`rti#c7R:1: met that are imposed by the City Council. Mayor Egan commented that he was cortcL:iM6 f-'that'ti#'e*il*review process is conceptual at this point and if the Council approves the request, they would be locked in to the approval of the CUP regardless of what plans are submitted by the applicant at a later date. Councilmember Wachter said that he is.ul?wmfortable with the access to T.H. 149. He added that the traffic study results are important to knQyu:: Pot :: s}i ovaI is given to this request. Councilmember Masin stated that the Council should try.::a(iif"Work viiitli:.'Do# and asked if T.H. 149 is upgraded could something be done to address the safety: Gvncerns of residIiMi in the area with regard to the intersection at Highway 55. City Administrator Hedges ex*.'.'.*.' components being addressed in the EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 4, 1997 PAGE 6 Trucking Study are transportation and land use designation. Councilmember Wachter stated that the Council does want to try and accommodate. Dart, but he added that they need to go through the necessary steps in the application process. Counciliember Blomquist further added that the Council does not have enough information from the Trucking Study or the applicant to make an informed decision. She stated that Dart should be involved in the Trucking:,Study..proc $S,..::::::.:, Councilmember Awada noted thaf,trie' property' is'i6hed industrial and the traffic that is proposed will be less that what would be generaff, from a residential development. Councilmember Blomquist reiterated that the problem is not with this proposed use but rather that the application is incomplete. Mr. Oren said that the issues would all be addressed according to the City's rules and regulations. He stated that their company is not within the Trucking Study boundary. Councilmember Blomquist added that the boundaries need to be re-examined and that Dart should be included. City Administrator Hedges noted that the Trucking Study needs to be expedited as soon as possible, but the issue here is not with the Trucking Study but rather the City Counsil::Policy that, concept plans are not considered as an official action for a development proposal. He further;:.. ated tha€::any approval of a concept plan precludes the public hearing process for a proposed rezoning ;subdivisjOK or planned development. Councilmember Wachter movedao:deny:ahe:Feglrest.for.the Conditional Use Permits. Councilmember Blomquist asked whether the Council should deny the request or continue the item. Mayor Egan stated that the applicant needs to provide the necessary details and asked if the item could be continued so the applicant could submit a complete application. City Attorney Sheldon said that the Council has the ability to continue the item and impose a 60 -day extension to the agency action deadline to allow the applicant to submit the necessary information. Mayor Egan asked if the detailed plans would need to be reviewed by the Planning Commission. Sklelioi::5'tated that the Planning Commission would have to hold a public hearing. Councilmember Masin stated, and lVlay,Dr Egan cQ" curred, that the Trucking Study was not intended to restrict existing businesses from expand�ii ...i;:ra# er.to provide direction for new trucking development. Councilmember Blomquist moved, Councilmeriiber:::Nl0Sin seconded a motion to continue the request for a Conditional Use Permit to allow off-site outdoor storage of trucks on the "Kwik Trip" parcel, located west of T.H. 149, south of Stark's restaurant, in the east half of Section 12 and a Conditional Use Permit to allow outdoor storage of trucks on the "Sills" parcel, located west of T.H. 149, south of Stark's restaurant, in the east half of Section 12 for 60 days to allow for a final application. Councilmember Blomquist asked if :thj :agolicantv*it>:, tithe continuance. Mr. Oren stated that they would be willing to supply the add itional:ift'rmatiiai .W-66ld"like the item continued. A vote was taken on the motion;., .Aye: 5 Nay: 0 CONDtT-l0OVAL:USE;:P1ERWT:- AMOCO City Administrator Hedges provided an overview. Senior Planner Ridley gave a staff report. John Kosmas, representing the applicant, addressed the Council and provided an overview of the proposed use. He noted that the proposed motor. fuel, sales will be for servicing the local trucking industry and not the public at large. Councilmember.:Pk'istpjs t"a,.'a concern about the lack of an attendant at the fueling station. Mr. Kosmas stated that a#f::sa �ty 'mei3si�res: ;are in place and the facility is equipped with an automatic shut off process in the ev n .:of a fuel spill."::., added that the tanks have to be installed according to state regulations. .... Carlee Cashin, also representin§:: tar ;appiicrant:;::afdtire8sed the Council and stated that the facility EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 4, 1997 PAGE 7 in Roseville has been in operation for two years and no problems have been experienced. Councilmember Wachter raised i:qUestion about the subdivision of the lots in the future and the access. Mr. Kosinas provided an explaHiffbn regarding the access. Mayor Egan noted that a letter has been received raising concerns about noiW-IeveJs,.Qdors.;ind Rnvironmental issues. Senior Planner Ridley I noted that this proposal will serve the ex'eitino:1rd and this facility will reduce the need for individual private fueling stations on VaH6Ui Councilmember Awada moved :::.-.ouncil member Blomquist seconded a motion to approve a Conditional Use Permit to allow motor fuel sales on Lots 14 and 15, Block 5, Eagandale Center Industrial Park No. 3, subject to the following conditions: 1 The proposed underground fuel storage tanks shall be subject to review by the State Fire Marshal 2. Detailed grading plans showing:..*Opacts d'"ill grading shall be submitted at the time of building permit application. 3. An upland pre-treatment pond vAth-.a;-mjpjmum. wet volume of .05 acre-feet should be constructed to treat storm water runoff from tYte;; :t,*: Op tte to the wetland. 4. An additional .12 acre-feet shall be excavated from the wetland according to a plan approved by the City's water resources coordinator. 5. Outlet skimmer structures, designed in accordance with:City standards, should be constructed on the outlet pipes for both the proposed pond and:t1*..-Qs'ting wetland. 6. The developer shall dedicate M ........ .'g.ing easements over the wetland adequate to incorporate the calculated high Watef level plus.tftree feet. 7. The developer shall dedicate an adequ'4t6,:dr*W`6* ... d utility easement over the outlet pipe from the wetland. 8. No filling or draining of the jurisdictional wetland located partially within the site is allowed. 9. A revised Tree Inventory and Preservation Plan will be required for staff review at the time of grading permit application. 10 The developer shall preserve thp'.::*p p**aiH'a`n:':'y*-e g*6'tiifi6K:6tound the wetland partially located on Lot 15. 11. Cash dedication for parks and 0*31s is reqi#i3O.d prior to issuance of a building permit. 12. Lots 14 and 15 Eagandale Cenfdi0n'dUMft'I:: shall be combined prior to issuance of a building permit. 13. Lots 14 and 15 Eagandale Center Industrial Park No. 3 shall be re -platted into one lot or subdivided within one year of Council apprqyp - 1. 14. A sign permit is required for the p5O * ed- �4*t:sign in accordance with Sec. 4.20 of the City Mort Code. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 4, 1997 PAGE 8 PLANNED DEVELOPMENT AMENDMENT - RYAN COMPANIES City Administrator Hedges providoO an overview on this item. Senior Planner Ridley gave a staff report. Kevin Hoffman, Property Manager;#o ' i "I"' iii 016 i� �:on behalf of Ryan Companies, addressed the Council and explained the number of deiiiiaa�ies #Fii3f:ar shade on average each day to the centre and the overall traffic volume. Councilmembpp. iWachter asked if the delivery trucks would be diesel fueled and if the fumes would be cause for concern;::;:;: Councilmember Masin stated that a letter was received from a neighboring resident and she asked for clarification on how far away from the site they are. Mayor Egan noted that this use is permitted at this location and each parent would have to determine if they feel the business location is a safe place for their children. He added that the daycare would constitute a low -intensity use of the property. Councilmember Masin moved, C-vuncilmer jW Awada seconded a motion to approve a Planned Development Amendment to allow constrirction of�ari: outdoor play area in conjunction with a day care on Lot 2, Block 1, Cliff Lake Centre, located, in, the. SW '1/4 of Section 29 subject to the following conditions: 1. The proposed outdoor play area Will lie Toc'axed as shown on plans submitted by the applicant dated 12/31/96, 2. The outdoor play area will be entirely enclosed with a six foot fence and supervised by Montessori staff. Aye: 5 Nay: 0 CONSIDERATION OF AMENDMkkt::Tap:TH.E CRIME BILL LEGISLATION City Administrator Hedges provided an overview. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a resolution amending Minnesota Statute 124.912, Aye: 5 Nay: 0 Mayor Egan summarized the mg Administrators/Managers and School BOari SPECIAL CITY Councilmember Wachter moved, Councilmember City Council meetings for February 18 and 25 at 5:00 p.m. I on January 24 with the Mayors, City of Eagan. ,.FEBRUARY 18 AND 25 Masin seconded a motion to schedule Special Aye: 5 Nay: 0 PROJECT 682R & 692R, RESCHEDULE PUBLIC HEARINGS (DEERWOOD TOW ItII4Q111W9 it -OLD SIBLEY HIGHWAY) Councilmember Awada moved, Ci uncilmember Masi.m:seconded a motion to reschedule the public hearings for Project 682R (Deerwood :f&'inhomes - Trunk :Watermain) and Project 692R (Old Sibley Highway - Streets & Utilities) for March:4::1997. Aye: 5 Nay,: 0 EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 4, 1997 PAGE 9 Director of Public Works Colbert Wd the Council that funding was approved by MnDOT for the EVP project in the amount of $200,000. He itsa provided an update on the request for funding for the signal at T.H. 13 and Blackhawk Road. He added that the project was not considered to be successful, but said that funding may be possible if layouts of i#i :ptpposed;;ttri�d;tWign are submitted. He further added that a joint agency staff meeting is scheduled:: :-tlaiy... ...:Ditcussion continued regarding the T.H. 13 corridor study and the cost. Colbert asked the Council if the T.H. 13 corridor businesses should be approached to see if they would be wiRirtg to help finance the cost of the corridor study estimated at $50,000. Councilmembers concurred tliat'the businesses should be contacted to help support the cost. Councilmember Blomquist stated that staff should approach the businesses along T.H. 13 through the SBA Transportation Committee. Councilmember Wachter requesWo a copy of the forestry report containing an update on oak wilt. He mentioned that he would like to se64-:-:the acti*.W�s taking place at the Wescott Service Center could be held at the schools so the City could:: iive on 04::cost of rent. Councilmember Masin stated that she believes the success of the program is bkause of:4) a accessibility the youth have to the Wescott Service Center in their own neighborhood. She said. if. the,grograms are moved to the schools, bussing would be needed. Councilmember Wachter adde0:tW*-it: pf OL a.:b� :: �i : County's responsibility to manage these programs financially. City Administrator Fiedgetsta16d-thtt'-furiding alternatives should be pursued with the local schools and the County. Councilmember Wachter commented on the budget document and stated that, in the future as building in the City declines, the City will be faced with the dilemma of decreased revenue. Mayor Egan commented on the bus tour.he::pe`:'l-ated in with other state legislators. He also commented on the successes of many of:,tlie:�:.iMnnet�blbh cities. He mentioned that he spoke with Dr. Robert Monson, Superintendent of School:.Mttic't 197, and he is concerned with ISD 197's image and how that can be improved. Councilmembers Awad) .apd, Blohr ouist stated that additional information is needed from each of the three school districts that are:'fn-: Councilmember Masin mentioned the upcoming transportation symposium that will be held on February 25 and stated that people involved with the Trucking Study might be interested in attending that meeting. She said that she attended the University of Minnesota tennis match on Saturday and presented Helen Wang with the proclamation proclaiming February 1, 1997 as Helen Wang Hometown Day in the City of Eagan. She further said that she invited Ms. Wang to attend an upcoming Council meeting to be formally acknowledged. She commented that;:#he.meetiti ..ofthe Eagan Business Forum was worthwhile. Councilmember Blomquist than kei :bire ct 'f-W-Anance VanOverbeke for the answers he provided to the questions raised at the last Couft'd meeting pertaining to the bills list. She said she would like to address the issue of food expenditures Od the dr4ftng of a policy at a future worksession. She raised questions about the cellular phone uie::hy.:earli.#bpartment and requested the expenses be further explained in detail. She stated that the:? pcjricil S#1 c11c1::#�e:.6iinining each department in the City to see what the operational budget is being spent for. She further stated that the Parks Department would be the best department to begin examining. Councilmember Masin asked if the Council should be micromanaging instead of setting policy. Mayor Egan explained that the Council does examine each department's operational expenses when the budget is reviewed each year. Councilmember Blomquist requested that she would like to start the review process::.'*,& a .:.;than late fall to provide leadership to staff. Councilmember Wachter asked if radios sf .*:I;nstalfe : r:v+ icles in addition to cellular phones and feels that if they are this would be a duplication:::.ouncilmembet':Acwada stated that the length of presentations during worksessions are too long and there should be more:.tsme for discussion amongst the Council on the various issues on the agenda. :5.Fte suggested exarroning one department in depth per year. Councilmembers concurred that the Pail s: Department wQula: (e a good department to start with. EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 4, 1997 PAGE 10 Councilmember Blomquist commented about the Chapter No. 464 legislation enacted last year that was distributed to each Councilmember. She mentioned that if any member of the Council is interested the MSP noise mitigation program findings::are available. She stated that she received a comment from a resident about the City's involvement ait#t the Fourth of July events. City Administrator Hedges noted that the City has participated financiall'y'' in the fireworks event and Public Works, Police and Fire Department personnel have been utilized.:during::tt*::Ov,#ht.:O$:., vell. He clarified that the City has always taken the position that this is not a City: i�Vei ci•ii3t7t: iii�l7f;::titlt rather coordinated by volunteers in the community, such as the Lions and Lioness; Councilmember Blomquist stated that the City should not be in the lead nor should the City coordina"ese activities. Councilmember Masin requested that a letter be sent to Jensen's Supper Club thanking them for their dedication of proceeds to the Friends of the Farm to help with the Holz Farm project. Councilmember Blomquist had 4:couple of:.q'uestions on the bills list. Councilmember Wachter moved,"'Mayor 8gcl�n seconded a motion to approve the check register dated January 30, 1997 in the amount of$0?f3;3$3Q:,:.ky:;5 Nay: 0 The meeting adjourned at 9:40 p.m. Date City Clerk MLK If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454- 8535). The City of Eagan is committed to the policy,:that.all persor)s.have equal access to its programs. services, activities, facilities and employment withpui`:;fgid .tv:ac;:;:color, creed, religion, national origin, sex, disability, age, sexual orientation, marit6f status or:;st`a s with regard to public assistance. MINUTES 0 ;3K $rP 'rlf W TINEi; OF THE EA�`i1ki11 a"....... :>gan, Minnesota #pruary 4, 1997 ; A special meeting of the Eagan City 061,i3. :tti� :ifii Tuesday, February 4, 1997, at the Eagan Municipal Center Community Room at 5:00 p.m. T>itisa:eiif were Mayor Egan and City Councilmembers Blomquist and Wachter. City Councilmember Masin arrived at approximately 5:15 p.m. and City Councilmember Awada at approximately 5:20 p.m. Also present were City Administrator Hedges, Assistant to the City Administrator Duffy, Recycling/Communications Coordinator Foote and Communications Consultants Roy and Sherie Wallace. John Young, representing the Eagan Small Bu'$i0oss Assoq_ iapon, presented fire suggestions regarding communications efforts. These included notifying interi"indivicj'j'f' about certain agendas prior to Advisory Planning Commission and City Council v Mko-,fie ions:s ding maps in legal notices, creating a development feedback survey, establishing aii*=agenda hoiliiti ; �i�8'televising City Council workshop sessions. Mayor Egan stated that the suggestions would be discussed when all five Councilmembers were present. City Administrator Hedges indicated he would check with the Advisory Planning Commission regarding the items which were related to that body. City Councilmember Wachter requested that cost factors for the suggestions be researched. PRESENTATION OF 1997 City Administrator Hedges presented a bi Roy and Sherie Wallace of the Wallace Group Roy Wallace and Communications Coordinator F communications objective and then it would be. the potential objectives, both from a budge,;�ti ,TION OBJECTIVESIWALLACE GROUP be. -City's communications efforts and introduced Uhicatislns Coordinator Foote. He explained that *e.46rief presentation regarding each potential 1'dtfhe Councilmembers to discuss and prioritize entation viewpoint. Communications Coordinator Foote explained that the City newsletter and cable productions of Council meetings have budgets separate from the $26,000 1997 communications budget and would not be included in the presentation. She said that tonight they would describe what is currently being done in the communications' program and various possibilities for expansion. However, she said, new projects to be done by in-house staff would be in addition to tyre -qw?*nt:work4oad,..eo, the Council would need to prioritize what should be done by staff and what should f:iitl#{rgdfgc#fiI (lace Group. Mr. Wallace summarized the 1996 activities pkhe Walde Group in conjunction with the City which included imaging, a community -wide survey, the produ:. of sev6pw feature stories, part one of media training for staff, ongoing communication consultation and *i r coma; i&ation-related activities. He stated that he saw as 1997 communications objectives improving communic"s with the business community, improving understanding of city policies and media relations. Communications Coordinator Foote then described the current annual report as a lengthy document which is available for the general public but is used more as an internal resource. She recommended a summary document which would be visually attractive, easily ruble and which would contain the highlights of the year for residents. City Councilmember Wachte�:;Asked what the printing cost would be. Communications Coordinator Foote indjratBcj i#;cquldkta;anyyvhere up to $9,000 depending upon printing options such as type of paper, use of color;:] ti�q t i€jl )[member Masin asked how many requests the City receives for the annual report. City -.1.6 id the City does not receive many requests for the annual report but does receive a great many requests for.vaAous types of information about the City and its operations. City Councilmember Blomquist asked about the it of a newsletters, how they were distributed and whether it would be possible to incorporate the annual rep bm mformabon into a newsletter or newsletters. Communications Coordinator Foote stated that that was one option. City Councilmember Blomquist stated she Eagan Special City Council Minutes/Febru;;: Page 2::.:..•:.:.,:.:•::.:.......::.•.: would support the annual report if it was inctWed in the newslegec but not as a separate document. Communications Coordinator Foote thWsj{�ted.' e 'on about a proposed Business Newsletter. She suggested afour-page newsletter which woirfdji i� d quarterly to businesses. She indicated that the EDC and Chamber of Commerce had each budgeted $4,000 for this item and indicated that the letter could be produced by in-house staff or by the Wallace Group for an additional fee. The next item to be presented was a continuation of the business outreach meetings which would involve little or no expenditures on the part oflhlr :?.rte, jf.;: tlstW —gap-atpted that he felt these meetings and their results had been excellent and should bg:-' �i#sti : 8 i .*.':�onsidering the small amount of budget required. Communications Coordinator Foote then de q'ibed a'iN$ible expansion of this program to include .neighborhood" outreach meetings in various neighbo Fioods throughout the City with little or no expenditures experienced by the City unless the Council wanted mo*4ecializo4:.. otification options. City Councilmembers were favorable toward this expansion. The next items to be presented were the Econdri` *Development Commission and Volunteer Bus Tours. Mayor Egan stated that the bus tours had been a high priority for him and asked if it were possible that the cost for the buses could be underwritten either by the Chamber of Commerce or other businesses. Sherie Wallace, who is chairperson of the Chamber, stated that the Chamber has investigated the possibility and it is a viable option. Mr. Wallace presented the nextifisixttiiii h; was a continuation of Media Training for Council and selected staff members and explained that pa':' f" actually have a chance to practice various situations during the training. Communications Coordinator Foote the6:00.6CrY' .tkie'dpgraded equipment which would allow staff to run items on the Cable Bulletin Board fr t;j thle""A tift'rcipal Center instead of having to contact the cable company to do so. She explained tha#:;ti#tsiie"attractive and expanded visuals would be possible. City Councilmember Awada asked if it would be possible to broadcast the City Council agendas in advance of the meetings. Communications Coordinator Foote assured her it would be possible and that pictures and maps concerning items on the agendas could also be broadcast. However, she said, as more information is included on the bulletin board, more staff or contractual time will be necessary for upkeep. Mr. Wallace then spoke to the fixtfi:ivlifCFiir�i ta: crisis Communications Plan. He stated he understood that the City did have a basic Crisis 6bl'ii mIUhli%frori '# fMi as a part of its Emergency Preparedness Plan. He thought it was important the City had such a �Ornmunica#c?p plan and stated the Wallace Group could help expand and upgrade the plan if the Council desiredi\Aayor 8 gon said the expansion was not a high priority to him although he would be willing to consider a miniri inti experW&Ue for outside assistance from the Wallace Group to assist staff. "" Mr. Wallace then presented the concept of a Community Development Brochure which could be anything from a small information sheet in-house to a more elaborate brochure which would have some sort of distribution. City Councilmember Wachter said that he felt this project would duplicate other ,projects already presented. Communications Coordinator Foote then asked the dbuncil for direction regarding their priority for cable programming beyond the basic {iiit(atdKgj Mayor Egan suggested that we contact Channel 15 and ask them for their help iir�priscl%%' ittg: ltls�oi# i:*ogramming. Mr. Wallace then described the ongoing counseling ant'production of feature stories which the Wallace Group had performed in 1996 and suggested the continuatiotF:©f these programs for 1997. Communications Coordinator Foote then mentioned the final item which was $300 for the purchase Eagan Special City Council Minutes/Febris 4; '1'697' Page 3 of software for the design of the City's weli*6 ige. City Councilf6i?mber Awada said it was her understanding that we would be using Eagan High School web page. Communications Coordinator Foote said that the City had already started t(f `ft?6fdigu*ftt of the web page using the assistance of the students but that the software was needed in order ioprogram and run the web from the City itself. City Councilmember Masin said she felt that the City should be taking pictures during Council meetings, especially when presentations are made to residents and business owners. She asked if it was possible to get pictures off the video tape of the meeting.:: 0.Ommunications;:Goardinator Foote said it was possible but the quality of the pictures would not be very goi;< :'::'B#fe;Eitiid:ei. I-$urnsville had purchased new equipment which she understood has improved the quality of the Tres ands l* would check with them to see how it was working. Communications Coordinator Fojpte.:.theii::Oi;4sed,. oUt::prioritization sheets to the Mayor and City Councilmembers. City Administrator He4;.ps:mk,; d th�:C:t itt f*how they wanted to address each item. He suggested that the Council give input to him regarding pllolitization and budget and then he could bring a proposed plan and budget back to the Council which would address their priorities. City Councilmember Awada noted that there were four items which would have little or no additional cost to the City. These included additional cable, the business and neighborhood outreach meetings and the bus tours. City Councilmember Wachte(:�a he thought the annual report was important and that it should be sent outwith an insert for Parks and Redie466:prpgramming instead of one of the regular newsletters. City Councilmembers Blomquist and Awada agreed: i*:Adiist�trator Hedges said he would bring budget figures back to the Council. Mayor Egan said that the neighbo'rfitind'outreach meetings were a high priority for him. However, he said, they would not need to be :ptbfessionali?e04nd could be accomplished in-house. City Councilmember Blomquist suggested using Io,Cal:.�e�iiSpfs-for announcements of the meetings. City Councilmember Masin suggested also.,.usRiq:. iriiisi s''in church bulletins. Mayor Egan said the crisis communications plan was not a high pr ority:� inci could be accomplished in-house. City Councilmember Wachter suggested using money for We business newsletter instead of giving it to the Dakota County Partnership. City Councilmember Blomquist said she did not see budgeting the media training or media stories. City Administrator Hedges suggested that the Council address all items in order and each Councilmember indicate his or her priority.(high,. medium or low) for both work priority and budget priority. Regarding the annual report, May'o'rpriority and medium for budget priority. City Councilmember Awada gave a high priority to dbth. Citynuncilmember Masin gave a medium priority to both. City Councilmember Blomquist gave a t4 gh for vk)* priority and low for budget priority. City Councilmember Wachter gave a high for work priorrl :and medium for budget priority. Regarding the business newsletter, City Councilmemb6f Masin gave a high priority to both. Mayor Egan gave a medium priority to both and suggested approaching the Chamber and businesses for budget assistance. City Councilmember Wachter gave a high for work priority and a low for budget priority and agreed with the Mayor concerning outside assistance. City Councilmember Blomquist agreed with City Councilmember Wachter's assessment. City Councilmember Awada gave ah for work priority and a medium for budget priority. All members gave a high priorky.'10;. i :.bWjmR ;:4pd:: neighborhood outreach meetings with the provision that they be handled by in-house Regarding the bus tours, City Councilmember Awadii:ptoposed a total of $1,000 should be allotted for both tours and the Mayor agreed. Regarding media training, City Councilmember Awada said she thought it was important that the Mayor and City Administrator receive the training and also some staff members so they did not make a mistake. Eagan Special City Council Minutes/February 4; T9Ji Page 4 Mayor Egan gave the training a medium to h66:rating. City Coutitiilsnember Blomquist thought that the Mayor, City Administrator and Police Chief should re- ertle'tl.#raining.:::City Councilmember Wachter suggested that the cost and extent of the training be scaled back: 'f'� y:00incilmembers generally agreed that they should not participate in the training. Regarding the cable bulletin board, the Council agreed that it was important and would help meet the Eagan Small Business Association's notification and description objectives. Regarding the Crisis Communitieti; i?IiaM;:;:#lai3'aOcil agreed it was a low priority. City Councilmember Wachter said he thought it should bi.done by 0-,!' iouse staff. Regarding the community development brooNge, the C:*Lsncil consensus was that it be incorporated into other documents and communications.....; Regarding the ongoing counseling''and media storres; City Councilmembers Awada and Masin gave both high priorities. City Councilmember Blomquist rated both as a low priority because she thought the Council was leaving themselves open to be criticized by constituents for using tax dollars for this. Mayor Egan said he thought these services were essential; however, he suggested these services be used on an as needed basis. City Councilmember Awada addressed the suggestions from the Eagan Small Business Association as submitted at the beginning of the meetlig:::::he suggested that money be allotted in the budget for expanding legal notices. City Administrator Ftedges::aajo::ha would pass that suggestion on to the Advisory Planning Commission for their consideration. He also said tha Benda hotline suggestion would be researched. He informed the Council that the Economic Deveo-Iment Comm ssion is currently considering the development survey as proposed by the ESBA. He also iiforrrec#::te:iitiricil that Department Heads are currently developing a customer service survey to covej, at(:Cs,Ey services. Regarding the request that interested parties be directly notified of workshop sessions, le:sa#etl he thought the City has been doing this. However, he will check to ensure that this continues in futU*re. He said he would also check into the feasibility of televising workshop sessions. OTHER BUSINESS City Councilmember Wachter said:liii«wer5tedtv:icit85:rhether or not the City should participate in the Dakota County Partnership. Mayor Egan:r plied.fl�if:il Li:CoUn iil had decided to participate at the January 28,1997 Special City Council meeting. He stated that ttie;decisiop.-had been made because $5,400 of the total $6,400 membership is for GIS services and would be:i{ ent for "" t whether or not the City was a Partnership member. City Councilmember Blomquist said she vvp'E:�not excited about membership in the Partnership and had thought, as liaison to that group, she was supposmd to atteih.#:a meeting and evaluate the cost benefit to the City and report back to the Council. City Administrator Hedges summarized the direction to him at the last meeting which was that the City would be a full member of the Dakota County Economic Development Partnership for 1997 with the understanding that $5,400 of the $6,400 membership dues would be for GIS services and that City Councilmember Blomquist would attend the meetings and provide an evaluation of the cost benefit when the 1998 budget is discussed. The meeting adjourned at approximately 6:30 p.m. ......... ......... ...... HND Date City Clerk MINUTES OF A SPECIALVEETING OF THE EAGAN CITY COUNCIL :Eagan, Minnesota :::::::*January 28, 1997 A special meeting of the Eagan C. it...... W.'-dn Tuesday, January 28, 1997 at 5:30 p.m. in the Community Room at the Eagan Municipal Pir*eiisiein't were Mayor Egan and Councilmembers Masin, Blomquist and Wachter. City Coqncilmember Awada was absent due to an unavoidable business conflict. Others in attendance were Fire -'"iif Jensen, Director of Public Works Colbert, Director of Finance VanOverbeke, Director of Parks and Recreation Vraia, Assistant to City Administrator Duffy, Assistant to City Administrator Hohenstein, Communications Coordinator Foote, City Administrator Hedges and City Attorney Sheldon. VISITORS TO BE HEARD Mayor Egan asked if there were 466 visitorii6 be heard. Tom Pederson appeared and stated that he is a 26 -year resident and an employeLii:bf NorthWb'st Airlines and further stated that he is happy with the action the City Council has taken on air W,:m -.:.:He:fVrther stated that he was upset that a City Councilmember who works at Northwesf:AliM" :w"'O"i . :i : ift R . 0 .'Oy another member of the City Council for her comments that were a matter of official record in the minutes. Mayor Egan thanked Mr. Pederson for his comments and attendance at the meeting. RFP/FIRE ADMINISTRATIQN.:PUILDING City Administrator Hedges stated:..*ifiai..il�.6i-6'january 21 Regular City Council meeting. a ........ .... question was raised regarding the requo inclOO*"ing reference to the State certified Affirmative Action Plan in an RFP document for s4166iian..of archit46.1s. After providing a history of why the City of Eagan has a State certified Affirmative Ad -he outlined action for the City Council to either: 1) repeal the Affirmative Action Plan entirely and an . i ieri�::i-4:4&ement in the Personnel Policy; 2) eliminate the section in the Affirmative Action Plan which refers to'dbhV*ctors and vendors supplying evidence that they have an Affirmative Action Plan; however, the plan would still remain for employment purposes; or 3) leave the plan as is. Assistant to the City Administrator Duffy stated that the City Council can take action at this meeting to eliminate the section of the Affirmative Action Plan as referenced to contractors and vendors and delay any consideration into the future regarding the employment sections. After discussion, a motion was introduced by City Councilmemlper Wachter, seconded by Councilmember Blomquist to -'::M6rs to contractors and vendors supplying eliminate the section in the Affirmative Act*::0�aP whih ........... :.:. evidence that they have an Affirmative AtWh''Plan'% hfii` ... gwOV6r; he plan would still remain for employment purposes. Those voting in favor were W�-br EgaW... Councilmembers Blomquist and Wachter. Voting nay was City Councilmember Masin. City Administrator Hedges to adopt the RFP as modified. City Councilmember Wachter raised an of $1.5 million dollars and whether it is necessary to leave this language in the RFP. City Administrator Hedges stated that the architects will ask for some guidance on the scope and magnitude of the project if a budget is not identified. He further stated that in public bidding it is usual and customary that the architects be given some sort of guidance as to the project costs so their plans do not exceed theAntended budget amount. City Councilmember Wachter stated that he would like a clause in the demOlj. qh:0.'.. salvage of the rafters and other wood beams to be used in future Park Department she#6 . r:b'd . il . d , in .. g s. ::::b*--.r'ouncilmember Blomquist stated it might be possible to use some of the rafters in tht:beW building. EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; JANUARY 28, 1997 PAGE 2 After further consideration, a moiiom ++vas made by City Councilmember Wachter, seconded by City Councilmember Masin to proceed with..the RFP for architectural services for the proposed Fire Administration building. CONFLICT OF INTEREST City Administrator Hedges stated that questions were raised at the January 21, City Council meeting on what constitutes a conflict of interest for a member of the City Council. City Attorney Sheldon presented a memorandum entitled, "Conflict of Interest for City Officials" dated January 27, 1997 for their review. City Attorney Sheldon reviewed his findings stating that, with respect to contracts, a Councilmember must receive a direct:::.dt indirect financial benefit from a contract in order for the Councilmember to have a conflict of intiiiat. He fyr her stated that the mere fact that a Councilmember is employed by a firm having a contract,:,* h the City:does not, as a matter of law, compel a finding that such Councilmember has an interest im::the contiact. He further reviewed the difference between a disqualification and an abstention stating..thaf;.if.:it.:is.found that a City Councilmember must be disqualified from a vote due to a conflict of interest, ortEX:tte:feiiaingliiteFested Councilmembers would be counted in determining a majority or supermajority'on'aii'aofion. Clty'Attorney Sheldon summarized voting, stating that a legal disqualification from voting reduces the number of sitting Councilmembers on a particular item. With respect to noncontractual situations, City Attorney Sheldon reviewed and explained several relevant factors that must be considered in making the determination for conflict of interest, including the nature of the decision being made, the nature of the .paGt}rity interest, and means available such as opportunity for review to insure that officials will or selfishly. The City Administrator stated that a suggested policy was prepared for, ttle:...q�ridi:! :i .onsider if a conflict presents itself in the future. He read from the City Attorney's memo,'.'A,Councilmemlr's first steps should be to convey their concern to the City Administrator, who in turn, will the City Attorney. If the conflict concerns another Councilmember, the issue should be raised With::th-::�Vtsty�r, or City Administrator to be placed on the Council agenda." Both City Councifinembers Blomquist and Wachter agreed with the City Attorney's findings. Mayor Egan asked the City Attorney to further explain what is a bona fide conflict vs. a political conflict. City Councilmember Masin reviewed her understanding of the memo asking for various clarification. City Councilmember Blomquist commended the City Attorney for his research and stated that she has always practiced the policy as outlined in his memof dtlm. City:Councilmember Masin stated that her reason for asking the question at the January 21 metftmas W:46**Ie whether there is a conflict of interest if a Councilmember receives a salary from::a comA'0y.4hat could be directly or indirectly impacted by a decision of the City Council. The City Affbmey expl'ained various factors that must be defined to determine whether there is a conflict, such as the .104ncilmemOr having no ownership interest in the company and being neither an officer or director of the:Iigm-paRy.i*Mayor..Z9an stated that he was glad the question had come up and thanked the City Attorney'f�r':,-:lx*.ssn . City Councilmember Blomquist asked if any action should be taken relative to the conflict of interest memo from the City Attorney. Mayor Egan stated that no formal action is necessary; however, the City Administrator should be directed to file the document in the official City Council policy handbook for any future reference if the issue of conflict of inter ith..iild:;arise, City Councilmember Masin asked ;fMet the item of'::�-k Jct of interest be placed on the February 4, t:an provide a resptmse to the questions that she raised at the City Council meeting so the City Attorney' January 21 meeting for the benefit of tha::sudience. EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; JANUARY 28, 1997 PAGE 3 WORK....ROGRAM/GOALS FOR 1997 City Administrator Hedges stated. that there. are .a_number of goals that have been suggested by the City Council to work on duringcalendar:ji oi1 9 ::'i•wpOrpose for reviewing the draft work program for 1997 is to generate discussion so of'a:k-" re'riteetitig'tfie'-City Council can prioritize the goals. He stated that some of the goals listed incluO.i :projects the staff is currently working on such as the D -II Study, information technology, the Trucking Stusfy:and senior housing objectives. The City Administrator further stated that it would be helpful if members of the City Council have goals they would like added to the list for discussion that they be shared with the City Council at this meeting or a future workshop. City Councilmember Blomquist stated that it is difficult to discuss a comprehensive work program with a member of the City Council missilijand suggested that any direction regarding a work program and adoption of goals be continued until thea r3tire Ciq.:C-ouncil is present. She further stated that there are three (3) immediate goals that should bs:g ven consideration and they are 1) provide specific direction to the advisory commissions on their goal4::for this coleiidar year; 2) the Comprehensive Guide Plan update and the proposed Comprehensive Guide.Plan/zoning.legislation is a critical priority; and 3) the City Council needs to provide leadership direction to:staf€::::: I1yor t~ ....Ort:. *t0 that the 1997 budget process provides a guideline for spending and staffing levels and; *in .maitiy 69es; requires a zero base analysis to determine if certain jobs are replaced. City Councilmember Wachter commended the budget process stating that despite the growth in programs and population the tax capacity rate has been reduced in the past two (2) years. He furtherk-c stated that he is committed to keeping taxes down.::-wis an important goal for 1997. City Councilmember Blomquist stated that her reagri:::£cit : ealtig questions and analyzing the bills is to determine whether certain expenditures @Tip t e , %saty'an further if the City might consider a more efficient purchasing program that would provide gr461er efficiencies and savings. She further stated that it would be helpful to review the spending by depayf�6tt;:::,City* Councilmember Masin stated that the budget is broken out by department and reviewed closeiy-by.:1h#.*' :Council when the budget is prepared in the fall of each year. City Councilmember Wachter stated that he supports the concept of a condensed annual report to share with the community. He suggested that this be given a high priority for 1997 to include an annual report to the citizens for 1996. City Councilmember Blomquist statgEi3haat the Q41 --Study and Comprehensive Guide Plan will be given joint consideration during 1997. Cityi606�rine6b :yifachter stated that additional analysis should be given to the Borchert Ingersoll proper rjt: if the tiji:'i5 to continue consideration for ownership of North Park. He further stated that he is concerned about ti;e ground water and soil contaminants which may not be conducive as a City parkland. City Administrator Hedges state.!::tom::13a:3�:p#O"rriii:.;4 meeting with Carl Neu who has provided the facilitation at the last three (3) City Council management retreats. City Councilmember Blomquist stated that she is concerned about the cost for a retreat and whether a facilitator is necessary. Mayor Egan stated that using an outside facilitator has been an excellent process during the past several years. City Councilmember Wachter stated that he has appreciated the objectivity a facilitator provides for the Council/staff retreats. City Councilmember, ;MStBi�::Sidfed. that the visioning process could be an element if there is consensus to move ahead with,tQ.':p. grath iK:4997. City Councilmember Blomquist stated that the most important consideration is to be i s team and get b" in step as a community. City Councilmember Wachter sfftdthat he continues:Io have concerns about the City joining the Dakota County Economic Development # attuershiP:,:.: He.. U . ier stated that the money should be spent EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; JANUARY 28, 1997 PAGE 4 locally. Mayor Egan stated that he would;:t drmally agree; however, $5,400 of the total $6,400 membership in the Partnership is for GIS services and:': -Will be spent whether the City is or is not a member of that organization. He stated for the $1,000 difference he would like to participate in the Partnership in 1997 and evaluate the effectiveness when the 199::fitlis•1.e€:;is:::ti`ei oiled this coming fall. City Councilmember Wachter stated that he was not in agree merit:witti'-�fhb,- *tn"*i p's request to contact large business in Eagan and ask for their participation and.thembership in the Partnership. He further stated that there is so much emphasis on membership and;:;iii:;his opinion, very little known results. Mayor Egan stated that he met with the EDC and they are supporting the partnership which is an important consideration for the City Council. He further stated that he is familiar with goals the Partnership has to support training opportunities for those in the job market Mayor Egan further stated that there is a problem with ongoing communication by the Partnership which he would like to see improved during the next calendar year. City Councilmember Masin stated that she wci like to see the City continue with the Dakota County Economic Development Partnership during 1997 tkjr::being ar ::�i;tive member and participant and then evaluate the City's benefit at the end of this year. Ci.Y:bouncil" nber Blomquist stated that since she was appointed as the City Council's representative she..will attend:the meetings and provide her opinion about the cost benefit of the Partnership to the City. City Administrator Hedges stated tFiaf 'Uri1e'ss'�fi 4t otfterwise advised by the City Council the City will be a full member of the Dakota County Economic Development Partnership for 1997 with the understanding that $5,400 of the $6,400 membership dues is received in value for GIS services. Mayor Egan thanked the City Administrator for the work program outline for 1997 and with the consensus of the City Council directed the prioritization.,of.96WIi for the work program to be considered at a workshop in late February. City Councilmemh®r: R#aritjirisf suggested that the Mission Statement be revised to a paragraph which is more the community. Mayor Egan stated that he is supportive of a retreat and would Ike 'to considei!: a date that would avoid any conflict with City Councilmember Awada's pregnancy due dab�J :;early March. OTHER BUM9$.S::: There were no items for other business. The meeting adjourned at approximately 7:30 p.m. Date City Clerk TLH MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 14,1997 SUBJECT: AGENDA INFORMATION MEMO FOR THE FEBRUARY 18, 1997 EAGAN CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval of the February 18, 1997 City Council agenda, regular City Council meeting minutes for February 4 and special minutes for the January 28, February 4 meetings, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS FACTS: As requested by the City Council, an update of the Shade Tree Disease Control Program is provided. Director of Parks and Recreation Vraa and Forestry Supervisor Hove will be present to answer any questions the Council may have. ATTACHMENTS: Shade Tree Disease Control Program Update on pagesthrough 2 MEMO TO: Tom Hedges, City Administrator THROUGH: Ken Vraa, Director of Parks and Recreation FROM: Gregg Hove, Supervisor of Forestry DATE: February 14, 1997 SUBJECT: Shade Tree Disease Control Program Update The purpose of this memorandum is to update the Council on the status of the City's Shade Tree Disease Control Program. Background Since 1993 the City of Eagan Forestry Division has implemented an aggressive management plan to control various shade tree diseases, specifically Oak Wilt Disease and Dutch -elm Disease. This aggressive approach was made possible in part through a special appropriation of funds during 1993, which received matching grant funds. This funding made the following activities possible: a. purchase of current aerial photography of the entire city (essential in early detection of oak wilt), b. production of an 18,000 copies of an educational brochure, "Protecting Eagan's Oak- Tree, akTree, A Growing Community Investment c. production of a 12 minute educational video. "Saving Eagan's Oaks, The Battle Against Oak Wilt", and d, installation of an Oak Tree Reforestation Project, where 180 oak tregs of various species and sizes were planted onto public lands. Since 1993, the forestry staff has included a seasonal Tree Inspector. This individual manages the Shade Tree Disease Program, answering about 600 telephone calls per year involving all aspects of tree diseases and pests. Recognizing the current level of disease in Eagan, our program could not persist without this individual. Disease Control Program Key points for a successful shade tree disease program are prevention (through education), identification (of recently infected trees), and control (consisting of proper removal and disposal techniques). Please refer to the following attachments: a. Oak Wilt: Myths and Misunderstandings (discusses what causes oak wilt and how it spreads) b. Shade Tree Disease Fact sheet (statistics on Dutch -elm Disease and Oak Wilt from 1993 to 1996) c. Graph 1 and Graph 2 (Diseased elm and oak trees identified for removal from 1993 to 1996). In 1993, the first year of the program, 64 oak wilt infection centers, representing 104 trees, were identified in the City. Between 1993 and 1996, a total of 338 infection centers representing 649 trees, were identified. Staff believes that early identification through aerial photography and ground truthing has significantly reduced the number of infection centers and diseased trees. One measure of the programs success is the relatively low number of trees in each infection center averaging less than two trees per center over the four year period. Since 1993 the residents of Eagan have spent $74,930 in tree removal and vibratory plowing, of which $37,465 has been returned to them by the grants program. These funds are channeled through the DNR and City to individual property owners as reimbursement. The City has received $11,500 in grant funds during the same period, covering costs incurred for tree removal, staff and vibratory plowing. Oak Wilt Suppression Grant Program Since 1993 the City has participated in this federally funded, (state administered) grant program which "cost -shares" a portion of the expense, encumbered by the private and public sector, to manage oak wilt. Financial assistance is available to private property owners, who adhere to required suppression procedures, on a 1:1 basis, and to the City of Eagan on a 4:1 basis (for every one dollar spent, we receive $.25 reimbursement). This grant program was established as a temporary program, intended to assist municipalities in setting up a oak wilt management program. The grant will be in effect through 1997. At this point there is a state appropriation of $150,000.00 (LCMR funds) available during 1998 for oak wilt cost share. However, this money will be available on a priority basis to those communities who do not yet have an active oak wilt program, but need assistance in setting one up. Any funds remaining will be dispersed to cities already involved in oak wilt management. Therefore, the City of Eagan may or may not see any of these funds. Discussions should take place on the City's role with future assistance in controlling oak wilt disease. Conclusion Our shade tree disease control program has been very effective in managing tree disease. We believe that the quantity of diseased trees identified per year has peaked and is now beginning to decline (however more years of data is needed to confirm this trend). Public education is a great asset as we attempt to prevent and control serious tree diseases. There are more tree problems predicted, such as Gypsy Moth defoliation and Ash Yellows (Gregg Hove will provide details at the February 18 council meeting). Eagan is fortunate to have a really unique urban forest in our city, we need to protect and preserve it. 3 SHADE TREE DISEASE FACT SHEET Public + 1993 1994 1995 1996 Total Average Private # of DED 202 200 402 299 1,103 276 trees Avg. Size 7.0" 9.6" 8.5" 8.6" --- 8.4" DED tree # of OW 104 117 234 194 649 162 trees # of I.C.s 64 84 109 81 338 85 # of OW 1.60 1.40 2.10 2.40 --- 1.90 trees/I. C. # of site 16 30 27 15 88 22 V -plowed Feet of 5,066 5,515 7,000 3,305 20,886 5,222 V -plow (4 miles) (1 mile) The following definitions apply to the Shade Tree Fact Sheet. DED = Dutch -elm Disease OW = Oak Wilt Disease L C. = Infection Center V -plow = Vibratory plow, a machine used to disrupt grafted root systems of oak trees by cutting them with a vibrating fine foot steel blade. h: U 997fi1e\mist\owupdate. cc 4 OAK WILT: Myths and Misunderstandings 1550"01 Society Rept°t Sa a HoRiculcunst MARK STENNES !'Ova state 0 AK WILT IS A DEADLY DISEASE common to many areas of the United States where oaks are indigenous. In all probability, it is an endemic dis- ease of oaks; it has always been here. Discovery of the problem, identification of its cause, and perception of its impact on the trees in our urban forest has created a distorted point of view and an irrational fear of this disease. This is not to say that oak wilt is not destructive and can be ignored; but, it can be managed and is not the plague we once feared. Oak wilt is caused by a sapwood -inhabiting fungus which is directly related to the fungi that cause Dutch elm disease and several other diseases of %uody plants. There are several species of insects which are implicated as vectors for the overland trans- mission of the oak wilt fungus, but in Minnesota the most com- pelling evidence indicates that sap -feeding picnic beetles are principally responsible. Picnic beetles are incapable of creating the wounds on healthy oaks which are required for infection; instead the beetles must rely on wounds created in other ways at the times when the trees are susceptible to infection. There are two groups of oaks native to Minnesota: the white oak group and the red oak group. While all members of both groups are susceptible to oak wilt, trees in the red oak group die much more quickly than trees in the white oak group. Also, fungal spore mats are produced only on trees in the red oak group. For a new overland infection to occur the fungus must be present on mats on disease -killed trees in the red oak group, the insects must be present and browsing on the mats, and there must be fresh wounds on susceptible trees for the fun- gus -carrying insects to subsequently visit. Wounds which are suitable for infection can be caused by storm damage, abrasion by construction equipment, pruning cuts, and tree climbing spurs, to cite a few possibilities. In addition, the wounds must be inflicted when the trees are most susceptible to infection— almost exclusively during the months of May and June. It may be somewhat optimistic to assert that oak wilt can be eradicated, but it certainly can be managed in those situations where the trees have sufficient value. There are several coun- Oak wilt is easily identified in the red and pin oaks (picturedat left) by the rapid wilting of afftected trees. After the first symptoms appear, a tree will wilt completely in two weeks. Often diseased trees occur in groups call infection centers. The trees wilt from the top of the crown down, and individual leaves wilt from tip to base, truning dull green and then brown. Fallen leaves are likely to be green at the base. The outer most growth ring of infected branches will be plugged with brown material, and streaks of brown appear on the outside of the wood when the bark is peeled back. The symptoms are most apparent in July and August. Infected white and bur oaks die slowly, a branch at a time, often surviving for seceral years. Leaf discolora- tion resembles autumn colors, and the brown streaking in cross sections of the wood is more apparnet than in infected red and pin oaks. r J co 0 E 0 N�w L.L � � V C: N cn E W 0 a) IC* N VIIM 0000� � M N �— �CO 0 El 0 'U CU a. a. CO I he ca 0 14- 0 co q 0) M cs 0) Tl - VII Lf) C %q 0) O) N C%4 T- CY) a) N N 0) N co Ir - L - cu CD C: 0 cn . cu 0 CO I he ca 0 14- 0 co q 0) M cs 0) Tl - VII Lf) C %q 0) O) N C%4 T- CY) a) N N 0) N co Ir - L - cu CD Agenda Information Memo February 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. Information Systems Technician -- ACTION TO BE CONSIDERED: To approve the hiring of Teresa Pojman as an Information Systems Technician. Item 2. Police Dispatcher— ACTION TO BE CONSIDERED: To ratify the hiring of Pamela Giles as a Police Dispatcher in the City of Eagan Police Department, FACTS: At a previous City Council meeting. the Council approved the hiring of a person to be recommended as a Police Dispatcher in the Police Department pending background checks. That person is Pamela Giles. Item 3. Part-time Building Maintenance Worker -- ACTION TO BE CONSIDERED: To ratify the hiring of Mark Ploof as a Part-time Building Maintenance Worker. FACTS: At a previous City Council meeting, the Council approved the hiring of a person to be recommended as a Part-time Building Maintenance Worker, pending background checks. That person is Mark Ploof. Agenda Information Memo February 18, 1997 Eagan City Council Meeting Item 4. Volunteer Firefighter/Termination of Membership— ACTION TO BE CONSIDERED: To accept the findings of fact and recommendation of an independent hearing officer and the resolution of the Executive Board of the Eagan Volunteer Fire Department that the service of David Sorby as a volunteer firefighter be terminated. FACTS: This item was continued from the February 4, 1997 City Council meeting because Mr. Sorby had requested an additional hearing on the termination recommendation of the Executive Board. The additional hearing was held on February 5, 1997, before an independent hearing officer. The independent hearing officer recommended that Mr. Sorby's service as a volunteer firefighter be terminated for failure to meet minimum attendance requirements. ATTACHMENTS: Attached on page As a copy of the resolution terminating David A. Sorby from service to the Eagan Volunteer Fire Department. (If any City Council member wishes to review the findings, conclusions and recommendation of the independent hearing officer in total, a copy of this lengthy document is available in the office of the City Administrator. CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA Crry COMCIL In the Matter "oi RESOLUTION David A. Sorby I.The City Council ofthe City of Eagan having reocived and reviewed the Findings. Conchisions and Recommendation of the independent hearing officer together with the Resolution ofthe executive board ofthe Eagan Fire Department hereby accepts the Findings, Conclusions and Recommendation of the independent hearing officer and Resolution of the executive board of the Eagan Fire Department, 2.7le City Council of the City of Eagan having accepted the Findings, Conclusions and Recommandation of the independent hearing officer together with the RaAolution of the executive board of the Eagan Fire Dapwmen hereby terminates David A. Sorby from service to the Eagan Fire Depaxtrneut. Dated this l 8th day of February, 1997. By: Thomas A. Egan Its Mayor By: E.J. V=Ovarb&e Its Chy Clerk Agenda Information Memo February 18, 1997 Eagan City Council Meeting CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the 1996 General Fund Budget adjustments. FACTS: • The City occasionally makes formal budget adjustments to correct for unforeseen activities or for changes in spending priorities. There are currently seven (7) such adjustments proposed to be incorporated into the 1996 budget. The adjustments are explained in the staff memo. ATTACHMENTS: • Staff memorandum on pages and. z city of eagan TO: Gene VanOverbeke, Finance Director/City CI FROM: Tom Pepper, Assistant Finance Directory 1 DATE: February 13, 1997 SUBJECT: 1996 Budget Adjustments --General Fund MEMO The following 1996 General Fund budget adjustments should be considered for approval by the City Council: Increase/ Line Item Description (Decrease) 1) 4323 -Bldg Mnt Testing Services $ 2,900 4715-Unalloc Contingency (2,900) This adjustment arose from a formula error in the budget worksheets. The amount was intended to be included, but was not picked up in the totals. (No other such formula errors were discovered in subsequent review of all other general fund departments.) 2) 4570 -Police Other Equipment 60,900 4715-Unalloc Contingency (60,900) This adjustment pertains to the installation of four warning sirens, which the Council authorized in awarding the contract to Federal Signal in the amount of $59,212 in July 1996. 3) 3980 -Police Transfer In 16,200 4520 -Police Buildings 16,200 This adjustment reflects expenditures for the Police firing range that are to be funded by a transfer from the Police Forfeiture fund. 4) 3310 -Police Federal Grants 4570 -Police Other Equipment 22,500 22,500 This adjustment reflects the purchase of dictaphones for police officers to use in preparing reports funded by the "COPS MORE" federal grant. a Increase/ Line Item Description (Decrease) 5) 41 XX -MIS Sal/benes--temp 11,600 4715-Unalloc Contingency (11,600) This adjustment reflects the MIS technical assistant's salary for the year. 6) 4530 -Parks Other Improvements 8,700 3920 -Parks Other Reimbursements (8,700) This adjustments reflects a payment from the Eagan Hockey Assn to reimburse the cost of installing bituminous wearing course on the west rink of Goat Hill Park. 7) 4220 -Police Operating Supplies 5,100 3850 -Police Contributions/Donations 5,100 This adjustment reflects D.A. R.E. program expenditures funded by donations from the Lions Club. Summary The net effect of these adjustments is to increase the 1996 General Fund expenditure budget (excluding contingency) by $127,900 from $14,972,700 to $15,100,600. These expenditures are funded as follows: Contributions/grants/reimbursements $ 36,300 Contingency 75,400 Transfers from other funds 16,200 $127,900 The contingency budget is thereby reduced from $156,600 to $81,200. WbudadZmem 3 Agenda Information Memo February 18,1997 Eagan City Council :Meeting C. FINAL PLANNED DEVELOPMENT -. EAGANDALE OFFICE PARK 2`D (JBL COMPANIES) ACTION TO BE CONSIDERED: To approve a Final Planned Development for Lot 1, Block 2, Eagandale Office Park 2"d Addition for JBL Companies to construct a two-story, 24,000 sq. ft. office building located at the southeast intersection of Pilot Knob Road and Corporate Center Drive. FACTS: The Eagandale Office Center Planned Development was created on March 19, 1985. The proposed office development is consistent with the Preliminary Planned Development. BACKGROUND/ATTACH MENTS: (1) Site plan, page . l `� C. S. A. H. NO. 31 (PILOT KNOB ROAD) ------------------------------------------ I -------------- ----- �• i i 0 o n \ o u / i CORPORA TLS CENTER CURVE i J R A2.1 I �I '►�� I��I � rrw.� rM aua■rFr tr Agenda Information Memo February 18, 1997 Eagan City Council Meeting D. FINAL SUBDIVISION - ACORN POND ACTION TO BE CONSIDERED: > To approve or deny a Final Subdivision (Acorn Pond) consisting of three lots on 5.15 acres located at 955 Cliff Road in the SE'/. of Section 26. FACTS: > The Advisory Planning Commission conducted a public hearing and recommended approval of the Preliminary Subdivision (Acorn Pond) at its regular meeting on October 22, 1996. > The City Council reviewed and recommended approval of the Preliminary Subdivision at its regular meeting on November 4, 1996. > The Development Contract is signed and in order for execution at the regular City Council meeting on February 18, 1997. ATTACHMENTS: > Plat Map, page 1 i [e7%zms F$a loco ;.0 z e= e, Cs 3 t':ej•t it e ?=F =sitj n ESS m L gR _ i •Ei Z Agenda Information Memo February 18,1997 E. PROJECT 6921, OLD SIBLEY HIGHWAY ACTION TO BE CONSIDERED: Cancel Project 692R (Old Sibley Highway Revised - Streets & Utilities) designation and related public hearing. FACTS: • Project 692 provided for the installation of utilities and reconstruction of Old Sibley Highway as necessary to serve the Eagan Heights Townhomes I" Addition located north of Diffley Road and west of Cedar Freeway. The project was approved as a result of a public hearing held on October 2, 1995. • The final plat and developer's contract agreement was approved on November 6, 1995. Under Paragraph 5 of the development contract, the developer and owner waived objections to any of the improvements to be constructed by the City under Project 692. • Minnesota State Statutes 429.041 requires the City Council to let a contract no later than one year after the project was approved at the time of the public hearing. Due to the developer's inability to secure the necessary easements for the construction of the sanitary sewer, the City was not able to award a contract within that timeframe. • Initially, City staff thought that the old project should be updated to include the cost of the easement, revise the construction cost estimates and modify the report based on preliminarn detail design. Subsequently. this "revised" project was designated 692 "R" and presented to the City Council on January 21 with a public hearing initially scheduled for February 18. • On February 4, staff requested the Council to continue the scheduled public hearing for Project 692R to March 4, 1997, because of the complexities associated with newly platted legal descriptions, escrow accounts, etc. • After further review by the City Attorney's Office, it has been determined that the City really needs to hold a new public hearing on the original Project 692 to correct any defects in the special assessment statute which will allow the City to proceed with letting the contract during 1997. There was concern that Project 692R could have been considered a new project which would not have been identified in the developer's contract obligating the development to financing the improvements through special assessments. 0 Agenda Information Memo February 18,1997 F. PROJECT 682R, DEERWOOD TOWHNHOME -UTILITIES ACTION TO BE CONSIDERED: To cancel Project 682R (Deerwood Townhomes - Utilities) designation and related public hearing. FACTS: • Project 682 provided for the extension of sanitary sewer and watermain to serve the Deerwood Townhomes Addition and provide a trunk watermain extension to the recently constructed Deerwood Reservoir. This project was approved as a result of the public hearing held on March 21, 1995. • After further review by the City Attorney's Office, it has been determined that the City really needs to hold a new public hearing on the original Project 682 to correct any defects in the special assessment statute which will allow the City to proceed with letting the contract during 1997. There was concern that Project 682R could have been considered a new project which would not have been identified in the developer's contract obligating the development to financing the improvements through special assessments. • Contract 95-04 provided for the extension of sanitary sewer and watermain to primarily service the Deerwood Townhomes Addition and the Frances Franz property. However, it did not include the extension of the trunk watermain necessary to serve the Deerwood Reservoir as the alignment and potential easement acquisition was undecided due to the proposed development of the Franz property under the Rolling Oaks Addition development proposal. • Initially, staff thought that the original Project 682 should be "revised" and updated with construction cost estimates, easement acquisition costs, etc., for a new public hearing to conform to Minnesota Statutes. On January 21, a "revised" feasibility report for Project 682 "R" was presented to the Council and a new public hearing scheduled for February 18. On February 4, at the staff's request, the City Council continued the public hearing for Project 682R to March 4 to allow staff to research the ramifications of this new project designation and public hearing process. • After review by the City Attorney's Office, it was determined that a new project designation could jeopardize the improvements installed under the previously awarded contract providing utilities to the Deerwood Townhomes Addition and adjacent unplatted property. Subsequently, the City Council is being requested to consider cancelling this revised project and its related public hearing process. The unconstructed improvements will be addressed under Project 718 (Deerwood Reservoir - Trunk Watermain). Agenda Information Memo February 18,1997 O. PROJECT 718,_DEERWOOD RESERVOIR - TRUNK WATERMAIN ACTION TO BE CONSIDERED: To receive the feasibility report for Project 718 (Deep;ood Reservoir - Trunk Watermain) and schedule a public hearing to be held on March 4, 1997. FACTS: • The extension of the trunk watermain to serve the Deemwood Reservoir as originally proposed under Project 682 could not be let due to the lack of adequate easements within the 1 -year timeframe from the original approval public hearing date of March 21, 1995. Subsequently, it has been recommended that the portion of Project 682 dealing with the trunk- watermain runkwatermain extension be removed from that original project and processed under a ne"v project designation and related public hearing process. • Because of the timeframe required to construct this trunk watermain necessary to have the Deenvood Reservoir online by June 1, it is necessary to proceed with a public hearing and contract award on March 4, 1997. ATTACHMENTS: • Feasibility Report, enclosed without page 4. a0 Agenda Information Memo February 18,1997 1-two0ex"f1wei twaU ' I oRW ACTION TO BE CONSIDERED: To acknowledge completion of Contract 95-13 (Northridge Drive - Utilities) and authorize the 5`'' and final payment to Ryan Contracting in the amount of $22,665.85 subject to all warranty provisions. FACTS: Contract 95-13 provided for the installation of sanitary sewer, water and storm sewer utilities along Northridge Drive within the Gardenwood Ponds development located between Wescott Road and Northview Park Road. • The installation of these utilities has been completed in accordance with the City prepared plans and specifications, inspected by authorized representatives of the Public Works Department and found to be in full compliance with all City standards. Subsequently, the Council is being requested to favorably consider authorizing the final payment to the contractor and accepting the improvements subject to all warranty provisions. ai Agenda Information Memo February 18, 1997 Eagan City Council Meeting I. MASSAGE THERAPIST LICENSE APPLICATION KRISTEN KASTL-KALLANI D ACTION TO BE CONSIDERED: To approve a massage therapist license for Kristen Kastl-Kalland to practice at Body 'Wellness Center, 2121 Cliff Drive #214, as presented. FACTS: The Cite is in receipt of a massage therapist license application as noted above. The Body 'Wellness Center is a licensed facility for massage therapy within the City. The application has been reviewed by staff in the Police Department and is in order for consideration by the Council at this time. ATTACHMENTS: • Application and police report enclosed without page number J. EXEMPTION FROM LAWFUL GAMBLING LICENSE METRO/TWIN TOM CHAPTER NATIONAL WILD TURKEY FEDERATION ACTION TO BE CONSIDERED: To grant an exemption from the lawful gambling license requirement for the Metro/Twin Tom Chapter of the National Wild Turkey Federation for a raffle to be conducted at Royal Cliff Banquet Center on March 15, 1997. FACTS: The City is in receipt of an application from the above -referenced organization for an exemption from the lawful gambling license requirement. The application has been reviewed by staff and is in order for consideration by the City Council at this time. The applicant does meet the qualifications for an exemption under State law. ATTACHMENTS: • Resolution on page 11. • Banquet registration on page. • Application enclosed without page number RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE WHEREAS, the Metro/Twin Tom Chapter NWTF has applied for an exemption from Lawful Gambling License; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, the Metro/Twin Tom Chapter NWTF will operate a raffle at the Royal Cliff Banquet Center on March 15, 1997; NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for Metro/Twin Tom Chapter NWTF Association. Motion made by: Seconded by: Those in Favor: Those Against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18th day of February, 1997. E. J. VanOverbeke, City Clerk a� Sat. March 15, 1997 Royal Cliffs 2280 Cliff Road •Eagan, MN (Cedar Ave. &Cliff Road) Hooting 6 Cobbling bourn 5-7pm Dinner at 7pm Door prizes • More and New Raffles Master of Ceremonies - Ron Scbara State Wild Turkey biologist - Dr. Dick Kimmel There is Umited seating so send in your reservations early! Early Bird entries receive a chance to Wx $100 cash Make check payable to Metro/Twin Tom Chapter NOT or cbarge on VISA or MasterCard $225 sponsor (including knife, 2 dinners, etc.) $45 Includes lyr. membership in NVPTF $20 Spouse/jake (under 17) Contact. Bill Barirgtcn 545-7540 (Tables of eigbt available on request.) --------------------------------------------------- -------------------- Mail this portion ►rith your check by Feb., 28 for Early Bird! a� NWTF Banquet Ticket Order Form Tickets Number , Regular, $45.00 r,........«. rAddress: te & Zip: spouse/Jake �,.r.r 17,,$20.00 o:Sponsor, $225.00Including2 Tickets MasterCard Accepted: Signature: Ex date: IVIeaIS' Steak ❑ Bill Barington 3012 Cedar Crossing, Minnetonka 55305 Chicken ❑ a� Agenda Information Memo February 18,1997 OLD BUSINESS i 1XL"AM113 law V1 . ACTION FOR COUNCIL CONSIDERATION: Determine whether or not to proceed with the preparation of a Global Joint Powers Agreement with Inver Grove Heights and provide direction to staff regarding the terms and conditions. FACTS: • On June 20, 1972, the City of Eagan entered into a Joint Powers Agreement (JPA) with Inver Grove Heights to provide sanitary sewer and water service to the Emerald Hills Trailer Court near the intersection of Opperman Drive and Delaware Avenue (County Road 63). • In May of 1994, Inver Grove Heights requested an amendment to that JPA to accommodate a proposed expansion of that trailer court. • In October of 1994, Inver Grove Heights requested the City of Eagan to prepare a JPA to extend sewer and water to the proposed Boulder Crest 18 -lot single family development located south of Cliff Road and east of Weston Hills Addition. • In November of 1994, Inver Grove Heights requested that the new JPA be expanded to also incorporate the 227 single family development of Coventry Pass 5th Addition located south of Wescott Road and east of Coventry Pass. • In January of 1995, the Public Works Director recommended that a comprehensive/global JPA be prepared to identify and address all potential areas requiring Eagan sewer and water extensions in lieu of processing a JPA on a development -by -development basis. Because this global JPA process would incorporate major issues not quickly resolved (i.e., Yankee Doodle Road extended, etc.), Inver Grove Heights requested the City of Eagan to prepare an interim JPA (approved 8-15-95) addressing only the Boulder Crest and Coventry Pass 5th Addition developments and that a moratorium would be placed on all future development applications within Inver Grove Heights until the global JPA could be prepared. (Approved 8-15-95.) • During the past 18 months, the Public Works Department has prepared an update to its Comprehensive Water Supply & Distribution Plan specifically addressing the needs and requirements associated with ultimately servicing approximately 700 acres within Inver Grove Heights. • In addition to the outstanding Emerald Hills Trailer Court expansion, Inver Grove Heights has received another development proposal for Southern Lakes consisting of approximately 1460 acres and 242 single-family lots located on the north side of Cliff Road east of TH 3. Based on previous agreements and understandings, extension of utilities to these new development proposals will require the preparation of the global Joint Powers Agreement. • On August 20, 1996, the Council directed staff to address several issues regarding parks and potential subsidy needs and report back to the Council before proceeding with the formal agreement. The attached staff memo summarizes these issues. a� Inver Grove Heights Joint Powers Agreement (cont'd) • Inver Grove Heights has requested utility service for an ultimate total of approximately 780 acres of land with the following general Zoning/Land Use designations. S.F. Residential 478 Multi -Family Residential 75 Commercial 35 Industrial 192 TOTAL 780 Ac. • The ultimate service area has various stages of utility service identified as follows (based on Zoning map). TOTAL S.F. N 1 UIL TI -F. -VN 11I.Y COMM. INDUST. Presently Served 160 Ac. 85 Ac. (147 lots) 75 Ac. (400 units) --- --- Pending 148 Ac. 145 Ac. (242 lots) --- --- --- Future 180 Ac. 120 Ac. (200 lots) --- 35 Ac. 25 Ac. Not Practical 167 Ac. --- --- --- 167 Ac. Optional 125 Ac., 125 Ac. (190 lots) _ TOTAL 780 Ac. 478 Ac. (779 lots) 75 Ac. (400 Units) 35 Ac. 192 Ac. ISSUES: • There are certain benefits that can be accrued to both communities through a global JPA. While the extension of utilities into Inver Grove Heights will require additional wells, reservoirs, and main extensions, comparative connection fees and area assessments should offset those costs. In addition, the additional reservoir will provide increased service to existing residents in the southeast corner of Eagan. Inver Grove Heights has agreed to provide the land for and accept this new water reservoir. The extension of Yankee Doodle Road (County Road 28) within Inver Grove Heights has not been fully resolved. ATTACHMENTS: • Issue summary memo, pagesthrough. • Service Area Zoning map, page �-_ • Service Area Land Use Map, page _ • Eagan Comprehensive Guide Plan Thoroughfare Map, page. a � MEMO city of eagan TO: MAYOR & CITY COUNCIL C/O THOMAS L HEDGES, CITY ADMINISTRATOR FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 14, 1997 SUBJECT: INVER GROVE HEIGHTS GLOBAL JOINT POWERS AGMT ISSUES SUMMARY REPORT 8—ackaround The City of Eagan and Inver Grove Heights currently have two active Joint Powers Agreements (JPA) providing sanitary sewer and water service from Eagan to the Emerald Hills Trailer Court (June 1972) and the Coventry Pass and Boulder Crest developments (August 1995). In consideration of the 1995 interim JPA for the Boulder Crest and Coventry Pass developments, the Eagan City Council stipulated that a "global" JPA must be entered into before consideration is given to extending any future utility service. Inver Grove Heights is very interested in pursuing the global Joint Powers Agreement as they have recently granted preliminary plat approval for the Southern Lakes Addition incorporating 146 acres and 243 single-family lots which will require utility service from Eagan. In 1996, the City completed an update of its Comprehensive Water Supply and Distribution Plan and determined that the City's water utility system can accommodate the ultimate development of approximately 750 acres within Inver Grove Heights with the installation of a 1.0 MG elevated water reservoir to be located near the proposed Southern Lakes development. With the proper sizing and phasing of additional trunk watermain, adequate volumes and pressures can be provided. The City's Comprehensive Sanitary Sewer Plan has always been designed to accommodate flows from the area to be defined in the global Joint Powers Agreement. 1 Issues The City Council has requested City staff to identify and address all concerns associated with extending utilities to facilitate urban development within Inver Grove Heights along our common border. Staff from the two communities have met several times over the past year to discuss the ultimate needs associated with these utility extensions. The following is a summary of the issues and their current status. 1. Parks - Individual development proposals within Inver Grove Heights will be evaluated in regards to their local neighborhood park needs. If these needs can most efficiently and logically be met with existing City of Eagan facilities, Eagan will collect a cash dedication according to our fee schedule. If no neighborhood park system is readily available for the development (i.e., Southern Lakes), the development must construct and dedicate park land containing a youth ball field and soccer field which will be available for scheduling by the Eagan Athletic Association (EAA) with emphasis given to teams organized out of the local elementary school attendance boundaries. 2. Fire Protection - Inver Grove Heights will provide emergency response within its corporate borders with no service expected or requested from the City of Eagan beyond the current mutual aid agreement for emergency back-up support. 3. Police Protection - Inver Grove Heights will provide full patrol and emergency response within its corporate borders with no service expected or requested from the City of Eagan beyond the current mutual aid agreement for emergency back-up support. 4. Sanitary Sewer - The City of Eagan will provide sanitary sewer lateral extensions to the corporate border in accordance with the most recent Comprehensive Sanitary Sewer Plan as development within Eagan occurs. Sanitary sewer extensions required by Inver Grove Heights prior to development of affected land in Eagan or excessive depths will be the financial responsibility of Inver Grove Heights less any special assessment revenue from benefitting properties in Eagan. 5. Water - The City of Eagan will be responsible for water lateral extensions to the corporate border and all trunk main oversizing in accordance with the most recent Comprehensive Water Supply and Distribution Plan as development occurs. Water lateral extensions required by Inver Grove Heights prior to development of affected land in Eagan will the financial responsibility of Inver Grove Heights less any special assessment revenue from benefitting properties in Eagan Inver Grove Heights will provide a 1 -acre to accommodate the construction of a hydropillar water tower within Inver Grove Heights in accordance with Eagan's 1996 Comprehensive Water Supply and Distribution Plan. The City of Eagan will finance the construction of the water tower and oversizing of trunk watermains through connection fees similar to development in Eagan. The JPA will ensure that areas within Inver Grove Heights serviced by the City of Eagan would be subject to the same ordinances and operational procedures for water conservation (i.e., sprinkling bans, watermain repair, etc.,) as well as safe drinking water quality control (i.e., a backflow preventers, cross connections, etc.). The operation and maintenance of the watermains would be the responsibility of the respective city. 6. Storm Water Drainage/Quality - The City's Comprehensive Stormwater Management Plan has anticipated the potential for limited flows draining into and through the City of Eagan. Presently, there is no development related surface water runoff being discharged into Eagan's system. If Inver Grove Heights elects the option to discharge water into Eagan for any future development proposal, they will have to comply with both the quantity and quality control requirements as identified in the City's Stormwater and Water Quality Management Plans. In addition, stormwater utility user fees would be collected by Inver Grove Heights and transferred to the City of Eagan. Again, similar to the water system, any regulations pertaining to water quality (i.e., fertilizer application, treatment mitigation, etc.) will be incorporated into the JPA. 7. Financing - Trunk utility area availability fees will be collected by Inver Grove Heights and conveyed to the City of Eagan at the time of utility extension or connection. Other related connection fees (WAC, SAC, etc.) would be collected and transferred with the issuance of individual building permits. Park dedication fees would be collected at the time of the plat's recording at Dakota County and transferred to the City of Eagan when appropriate. 8. Plan Review - Inver Grove Heights will provide courtesy reviews to the City of Eagan for development applications but will be solely responsible for evaluating the appropriateness of approvals for land use, setbacks, density, etc. 9. Aircraft Noise Planning - Inver Grove Heights will implement the aircraft noise planning requirements of the City of Eagan such as sound insulation requirements, noise disclosure on titles or navigational easements to conform with Eagan's noise abatement policies for all new residential developments. 10. Streets - The structural and operational maintenance of local streets would be the responsibility of the respective cities subject to informal agreements maximizing efficiencies on a case-by-case basis. REMAINING UNRESOLVED ISSUES The following remaining issues are policy related where specific Council positions should be defined and/or negotiated with the Inver Grove Height's Council. 11. Yankee Doodle Road - The extension of Yankee Doodle Road (County Road 28) into and through Inver Grove Heights is a significant element of Dakota County and Eagan's long-range transportation plan. However, the extent, timing, and subsequent commitment from Inver Grove Heights is dependent upon the outcome of the corridor study being jointly undertaken by both communities, Dakota County and MnDOT. This corridor study should be completed by late Summer, 1997. How should this issue be addressed in the final JPA. 12. Road Unit Charge (RUC) - The City of Eagan has implemented a Road Unit Charge collected with each building permit to finance transportation improvements necessitated by the growth in traffic generated from development. Inver Grove �G 3 Heights presently does not have this fee. Previous JPA's did not address this issue and no fees have been collected to date on areas currently served with Eagan utilities. 13. Antenna Lease Revenue - While the City of Eagan will own the water tower, the land will have been acquired by Inver Grove Heights. If this facility is leased out for Personal Communication System antennas, there is a question as to who should receive the revenue. Also, which city's name and logo could/should be painted on the tower. 14. Optional Service Area - Inver Grove Heights has approximately 120 acres north of the Emerald Hills Trailer Park and adjacent to the Bur Oak Hills Addition that could be serviced by Inver Grove Heights. However, they have requested that this area be incorporated into the global JPA to allow potential service by the City of Eagan if timing and/or efficiencies facilitate it. 15. J.P.A. Retroactivity - Should the new Global JPA rescind the previous JPA.'s (1972 & 1995) and incorporate them all into one? SUMMARY Staffs from both communities feel these remaining issues are policy related. Once the City Councils of both communities reach a consensus, the respective City staff can proceed with the preparation of the detailed global JPA. Specific desires and directions given to City staff will allow this to happen in a timely manner. Respectfully submitted, r Director of Public Works TAC/j j - City of Inver Grove Heights ZONING MAP ZONING DESIGNATIONS. ACRES PERCENT a is n W V E:i4A=y��t,lIlurN pTM 1v .4T•'. E -I Eaue. 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RIP -hemu rW $2.7_ ls.Y. {1 f RitlMay 1 Z"4 A : a X14 In vs s sAr ��:� Pb : ` I i g Ryhl4-NOY �Reli 127nr. ~TJ �..��0 It7)AL 11RMW lam", Runu ReaidrNel Oserlr,- O. Mm UnWUNisa. ;ti: Sold 4 Gmsd COw' D'Rm DnvYrs 1 • i K . I. jjjLIF P ti :_. uce= Iuu�Not r Ow — I� 1 l �; 1•• 'ill__ ._ �� 1, •�j�� „I � a i I r -'v I lalerr Z-1 Revlelon: Ordlnanre ,. M5. 5ephmter <, laoga Ialal Eau Ma�pp Rev(tbn: December e, 1995 5„11nS5 d� � nw.lAxN Ma L' .ra>kl ed I�rmab •.Vnp `um.wA l+� 1 ti.nl,mr� ■}�R INCIGHT -rte City of Inver Grove Heights COMPREHENSIVE LAND USE PLAN - CUY XMINSIVF RAN DESIGNATIONS: KRS: PUCror rti + moi. 1,1e' M--IOA.,L-L."WSs1 247..1M 12d1, Ty Cap.Yrnrlyd Ur /W a� PW) R-E-MWM-25 Mnu'I—(--1 1.1.Ai VJ III InAd% YaEatr 4. I7.r,"aYWplca Rd lbJUllts pu Aa. 2217.17 Il k•Y. f de I.rer Olwr 1YKY. 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OTHER PRINCIPAL ARTERIAL 150-200 ft. MINOR ARTERIAL 100-150 ft. COMMUNITY COLLECTOR SO ft. NEIGHBORHOOD COLLECTOR 60 ft. DASHED UNE REPRESENTS FUTURE ROADWAY SEGMENT A 6 2)3 N Agenda Information Item February 18,1997 A. REZONING AND PRELIMINARY SUBDIVISION - ROYAL OAKS REALTY, INC. ACTION TO BE CONSIDERED: > To approve or deny a Rezoning of 20 acres consisting of the east 20 acres of the SE 1/4 of the SE 1/4 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'/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: > The 40 acre site consists of two unplatted parcels in the southeast corner of the city, bordering on Inver Grove Heights to the east and Rosemount to the south. > The proposal includes a Rezoning of the east 20 acres from Agricultural to R-1, Single - Family Residential. The proposed Preliminary Subdivision consists of 53 lots and one outlot on the east 20 acres, and two ten acre lots on the west 20 acres where the existing residences will remain. The outlot will be eliminated as part of the Final Subdivision. > There are two existing residences located in the northwest and southwest portion of the site, and several outbuildings on the northwest portion of the site. The east 20 acres of this site has been an active tree nursery for many years. There is an existing wetland on the central portion of the west 20 acres of the site. > A neighborhood meeting was held on January 15, 1997 and about 15 people attended. The Advisory Planning Commission conducted a public hearing on the Rezoning and Preliminary Subdivision (Evergreen) at its regular meeting on January 28, 1997 and recommended approval of the Rezoning, and approval of the Preliminary Subdivision, with the conditions outlined in the APC minutes. ISSUES: > Royal Oaks Realty is requesting the financial obligation related to Lots 13 and 14, Block 4, of Evergreen Addition be postponed. These two lots, approximately 10 acres each, can be further subdivided in the future. Any financial obligation related to those parcels could be collected at the time of subdivision or connection to the City's utility system. The city staff requests direction from the Council to purs:77, Bement 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. (See attached letter from developer.) > Subsequent to the APC meeting, the City staffs of Eagan and Inver Grove Heights have further reviewed the preliminary Evergreen Addition utility plan for adequacy of utility stubs to the corporate border between the two communities for future extension into Inver Grove Heights under the pending Global Joint Powers Agreement. As a result of that review, staff recommends that 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. This will provide water service and allow for looping within the future Metropolitan Urban Service Area (MUSA) portion of Inver Grove Heights. The condition reads "An 8 -inch water main shall be extended to the east edge of the plat between Lots 4 and 5, Block 2." > This development proposes only one improved access via an extension of Sycamore Drive from Pines Edge Addition to the north. A second unimproved access is provided at the south end of the development via existing 120' Street. The staff report discusses the issue of providing a secondary improved street access to this development and outlines three options for accomplishing that. The APC's recommendation did not include providing an improved secondary street access at this time, but conditioned that the west 20 acres cannot be further subdivided and developed unless a secondary improved access is provided. The APC also indicated that an extension of 120`' Street west to Hwy. 3 as the preferred alternative for accomplishing this. (See attached letter from developer.) > Until recently, this property has been an active tree nursery. The tree preservation plan includes transplanting 431 trees near and within the development site. The plan accounts for tree removal during initial site development including preparation of 15 individual building pads. In accordance with the city's Tree Preservation Ordinance, Condition #15 requires Individual Lot Tree Preservation Plans at the time of building permit application for the remaining lots. The developer is requesting that the Council waive the requirement for Individual Lot Tree Preservation Plans for the remaining building sites for reasons outlined in the attached letter. Should the Council choose to waive the requirement, Condition #15 should be modified accordingly. > Because of the proximity of Red Pine Elementary School, several residents of the Pines Edge neighborhood north of this site have expressed concern about sidewalks or other pedestrian connections to the park and school property. Consistent with City policy and practice, sidewalks and trails were not provided along the local residential streets in this area. However, there is an existing pedestrian trail along Red Pine Lane, and a pedestrian connection is provided between the park property and Pines Edge Addition. In response to a request by residents, a striped pedestrian walkway was provided along the shoulder of Weston Hills Drive last year. ATTACHMENTS: ? January 28, 1997 AP Minutes, pa esthrough Staff Report, pages1�hrough Letter from Developer, pages( through Other Letters and Correspondence, pages throuAl z 33 Page 5 January 28, 1997 ADVISORY PLANNING COIvMSSION 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 SE'/4 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 612 432 3780 SENT BY: 2-13-97 : 2:24PM SEVERSON SHELDON- 681 4694:» 2! 6 Yagc 6 January 213, 1997 ADVISORY PLANNING COMMISSION 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 tlu-ough 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 MnDOT, 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 are 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 57 612 432 3790 SENT BY 2-13-97 : 2: 24FM : SEVERSON SHELDON- 681 46344 3/ 6 Page 7 January 29. 1997 ADVISORY PLANN WC, C'UMMISSION 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 F,dge 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 Thrive 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 1gavel 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. 3i SENT BY - 612 432 3780 2-13-37 : 2:25PNI : SEVERSO` SHELDON-» 681 4694:-, 4/ 6 Page R Ianuary 28, 1797 ADVISORY PLANNING C( haUSSION 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 1l4 of Section 36, subject to the conditions listed in the staff report, including an amendment to Condition 44 regarding elimination of the outlot, 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 1. 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, 134, C 1, C2, C3, D1, El, H1. 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�torm Drainage 5 ! SENT BY 612 432 3780 2-13-97 : 2:25PH SEVERSON SHELDON 681 4694:4 5/ 6 Pap 9 January 29, 1997 ADVISORY PLANNING cuMMI»!UN 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/Wa= ¢liality 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/Ri is of Wav/Pennits: 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. qD 612 432 3780 SENT BY: 2-13-97 : 2:26PM : SEVERSON SHELDON-• 681 4694:9 6/ 6 Page 10 January 28. 1997 ADVISORY PLANNING COMMISSION 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. 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 CASE: 36 -PP -25-12-96 36-RZ-23-12-96 APPLICANT: Royal Oaks Realty, Inc. HEARING DATE: January 28, 1997 PROPERTY OWNER: Earl & Doris Marotzke 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 Page 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. BACKGROUNDIHISTORY 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. 43 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 Surrounding, 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 -I 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/Storm Drainao, - 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. C J Planning Report - Evergreen January 28, 1997 Page 5 Wetlands/Water Qualitv - 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 comer 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/Ri 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, Roval 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: q � 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 Comer 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. 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 I. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, Cl, C2, C3, D1, E1, H1. 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. Gradin; /Storm Drainace 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 Page 9 Wetlands/Water Qualitv 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/Riehts 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 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 Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -0f --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 pian 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 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 I. 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 City Council September 15, 1987 Revised: July 10 1990 Revised: February 2, 1993„ LTSS5 STANOARO.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. $865/lot 55 lots 45,575 Storm Sewer Water S.F. .079/sq ft 1,502,820 sq ft 118.723') Total 211.948 (')Will be reduced when area of storm sewer ponding easement is presented. J J � FRn4t4) tC" _I MAS TRAPP 48 Pic Q LJ CRw60N LEAF 4.rti qD So. 33 O J CL ROAD � 4600 ----- HOLZ I a?: -- --5 FARM �Lt PARK ' �� AYC. I R�GOA su+cc rz 1 IF PPI ENS y! WESTON W W LAKE g ; LAKE / MLL. Li � COVE `J , > LANE o ; 4800 HAW4C> �o 1 a: P ED PINE '� 1 + L.L. ! Lk ; iI JELEMENTARY!w�Loe WAY ERin GUN PARK � W ` W O� // < > (/VJTWIN � f!14 120th51 w 5000 I ROSEMOUNT LOCATION 4&W Evergreen C,,; Eag= Case No. 36 -PP -25-12-96 101 PK A N Sao o SM FM Zoning Map A 0 IA° f A � r —I$ R-1 �� A 1 _G8 ' I-1 A PK Current Zoning A Agriculture tED PINE LEMENTAR I PF IIII 1000 II Q A °' Subject Site i City of Eagan Community Development Departme^t ,;iv A OTFV •rz7lZFill 8 g. TIN ','I RA Uz, 1. 5 1 re Ag I .� � . \ �_ _ `�. � irk+�� •.i .r�.��%�•' '� Al t. 17 1. _+�..Vii. .' i i_f ►!!�7T s� f ' -rj .. ■ s a f ■ :+i ,�� ':� ^—;a '—'��__—• _�- _ ��==—r--.•.L..�.w•—:•rte: a'-`� —i�� I • ]' � y� `� . 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M cT1MIMIM�lr�7,1G Nli JI r I t 2a r 0 0 I I I LIMINARY .ITY PLAN r I t 2a 0 y � M fy a I V r 0 0 I I I LIMINARY .ITY PLAN TREE PRESERVATION CALCULATIONS TREE COUNT FROM SAMPLE INVENTORY Species 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 .......... 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 lou 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 sienificant 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 Avplication 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 ............ ISO 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. j 0 EXHIBIT A m ►1w � a ci 120th ST. MPAj' LN. TODD AVE. ROSEMOUN T CITY OF EAGAN � v / WESiDN MLLS I v LANE fid / .►�� 120th ST. W. `'-, S�Aw ,-22-97 i ADT - ESTIMATED 930 TRIPS/DAY- W20 TRIPS M EVERGREEN E PINE WAY p cRE LOTS DD, g0 TWS/OAY ) - o I EXHIBIT B �C, ESTIMAT �FFI�CV`OLUMES�w/,,,,�,tS`EcoN`DAR�y IMPROVED OUTLET FROM EVERGREEN ADDITION 0 0 D 4 =TODD AVE. R7Z WA ?C4 taw T— 3 6 z r U N FARM RD, m GUN p I W N N a v v (b.) UPGRADE GUN CLUB RD. & 120th ST. 120th ST. (C.) 120th ST. EXTENSION ,. LANE A !F 19 E' SToN HLLS A y ti� C) �WESTO I I N1nnLKJ J N I ► LLS PL I im •` I1-22-97 I I we } ADT w ESTWTED 675 TRPS/DAY FROM0--EV TRIPS ERC = I 0 -Ts WHITE PINE WAY T y pp. �5 A� � S�pAY g 15t I C g0 TFttP SES E rn I PIPE WAY p EXTEND SPRUCE ST. PROpO R EN EvERG N ApO�-�10 • UNT EXHIBIT C EVERGRN2 r ESTIMATED TRAFFIC VOLUMES WITH SECONDARY 5CITY OF EAGAN I IMPROVED OUTLETFROM FROM EVERGREEN ADDITION e s V 1 Z 0 r� Y Y O CO) m O W ly Q z ` O EXHIBIT D CITY OF ROSEMOUNT II& Everything's Coming Up Rosemount!! January 8, 1997 John Gorder, Design Development Engineer Pamela Dudziak, Associate Planner City of Eagan, Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Proposed Evergreen Subdivision Earl & Doris Marotzke Property City of Eagan Dear John & Pamela: CITY HALL 28.5 — 1451h Street'vest P.O. °cx 510 Pc,e7cunt, %pj 55068.05 i o PF.cne: 512.423-4411 'rax: 512-423-K03 Thank you for the letter and information regarding the proposed referenced development. We will attempt to answer the questions you have raised in your January 3, 1997 letter. The property immediately to the south in Rosemount is owned by Earl and Florence Bester. The property currently has a zoning designation of AGP or Agricultural Preserve, with the future Land Use Plan designation of RR or Rural Residential, which means 5 to 10 -acre single family lots, sometimes called "estate homes". Immediately to the east of Bacardi Avenue the land use is designated Agricultural which means a minimum of 10 -acre lots. All of these designations are assumed to not have sewer or water service. At the present time, the Comprehensive Guide Plan does not show this area to ever be in the MUSA or have sanitary sewer service. To do so would require the property owner to petition the City for land use changes and Comprehensive Guide Pian amendments. We have sent a letter (attached) to Mr. Bester, which explains these items. A question we pose to Eagan is "what is the cost for providing sanitary sewer to the Bester property?" Secondly, "what is the capacity and how large of area in Rosemount could that sewer serve?" At the present time the City of Rosemount has no plans for upgrading 120th Street (Gun Club Road) or Bacardi Avenue. At some point in the future Gun Club or 120th Street and Bacardi Avenue may be paved but neither project is in our working 10 year Capital Improvement Plan. Thank you for your cooperation on these matters and please call me at 322-2025 if you have any further questions. Sincerely, Bud Osmundson, P.E. City Engineer/Public Works Director cc: Dan Rogness, Community Development Director Earl Bester Chuck Plowe, Plowe Engineering city of INVERGROVEHEIGHTS January 13, 1996 John Gorder, Design Development Engineer Pamela Dudziak, Associate -Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 SUBJECT: PROPOSED EVERGREEN PLAT Dear John & Pamela: Thank you for the preliminary plat information for the subject development. The proposed development borders the southwest comer of Inver Grove Heights. We have reviewed the preliminary plat grading plan and utility plan and offer the following comments: • No additional street accesses are necessary to serve Inver Grove Heights. • Based upon our Comprehensive Plan, no utility stubs are necessary to serve Inver Grove Heights. • It appears that the proposed site grading will not impact the e.cisting drainage patterns or rated runoff in Inver Grove Heights. • Our City Planner, Bill Turnblad, has provided written comments, which are attached. If you have any questions or need further information, please contact me at 450-2572 or Bill Turnblad at 450-2553. Sincerely, CITY F INVE GROVE HEIGHTS r Ke ' Hansen City Engineer KH/kf Attachment cc: Gary Johnson, Director of PublicWorks Bill Turnblad, City Planner yinr.own-11-97LZ 8150 BARBARA AVENUE • INVER GROVE HEIGHTS, MN 55077 TELEPHONE (612) 450-2500 • CITY OFFICE FAX (612)45D-2502 • POLICE FAX (612) 450-2543 (�J MEMO PLANNING DIVISION CITY OF INVER GROVE HEIGHTS TO: Kevin Hansen, Civil Engineer FROM: Bill Turnblad, City Planner DATE: January 9, 1997 SUBJECT: Plat of Evergreen, Residential Subdivision in Eagan The proposal has no features which are obviously incompatible with current or planned land uses in Inver Grove Heights. • Property in Inver Grove Heights that abuts Evergreen is zoned A Agricultural with a 5 acre minimum lot size. The City's Comprehensive Plangu ides development of the property at -a Residential -Agricultural density of one home per five acres. • Existing land use of the property in IGH is residential -agricultural. The two parcels abutting Evergreen are both 10 acres in size. • Each of the two immediately abutting residences in Inver Grove Heights gain access from Gun Club Road. This same road provides private access to four other home sites, all on 5 acre lots. (See Attachment A) • There seems to be no strong justification for providing a stub street to the IGH boundary within this proposed subdivision. The easterly half of the abutting Quarter Quarter in Inver Grove Heights is developed at both its zoned and planned density maximums. No additional lots will be allowed under the current Comprehensive Plan. Furthermore, it is not very likely that the new Comprehensive Plan will include density or use changes for this neighborhood. It is mathematically possible to split the two 10 acre parcels abutting Evergreen in half, creating two new building sites. But, only one of these two potential parcels would likely gain access over a stub street from Evergreen. The other would most likely gain access from Gun Club Road. => An existing stub street is already platted right up to the IGH boundary about 460 feet north of Evergreen. This stub, White Pine Way, could be developed for access to the large underdeveloped parcels in the immediate neighborhood. LIA EAGANI 01/10/97 � / 4835642 02/12/1997 13:50 4635642 ROYAL OAKS REALTY IN PAGE 02 ROM L�QHKS REALTY, INC. February 12, 1997 Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Evergreen Dear Mr. Hedges, Honorable Mayor Thomas Egan and members of the Eagan City Council: At their meeting on January 28, 1997, the Eagan Planning Commission recommended conditional approval of the Evergreen rezoning and preliminary plat. We appreciate the recommendation of the Planning Commission and the cooperation we have received from your staff in reviewing this subdivision proposal. The purpose of this letter is to reiterate our position on the following three issues. Road Access Street access to Evergreen is currently available from three directions First, from the south via Bacardi Avenue and 120th Street West; second, from the west via Biscayne Avenue, Gun Club Road and 120th Street West; and third, from the north out of the Pines Edge neighborhood via Sycamore Drive. The City's engineering staff has suggested that it would be desirable to have a secondap ved ingress and egress to the Evergreen neighborhood in order to alleviate the traffic load through Pines Edge. We do not agree with the staff s position for the following reasons: 1. Even assuming 100 % of traffic movement north via Sycamore Drive into Pines Edge, the average daily trip (ADT) count would not exceed the capacity of the residential local streets. 2. A certain percentage of traffic out of Evergreen will disburse to the west and south directions. 3. Home construction in Evergreen will be over a three or four year period hence the full northerly traffic movement will be gradual. 4196 Lexington Avenue • Shoreview, Minnesota 55126 • (612) 483-5518 • Fax (612) 483-5642 4835642 02/12/1997 13:50 4835642 ROYAL OAKS REALTY IN PAGE 03 4. The staff option to extend a temporary rural section paved roadway through the Marotzke homestead is not acceptable due to the impact on their out buildings, home and continued agricultural use of their land. 5. The other staff option to upgrade and pave both 120th Street and Gun Club Road is clearly beyond the benefit only to the Evergreen Development. 6. The second paved access recommended by the Engineering staff would route traffic through the existing industrial area which is not desirable for marketing. 7. Alternate routes do exist and hence this is not an issue of public health, safety and general welfare. We fully support the recommendation of the Planning Conunission stating that prior to the development of the west 20 acres of the subject property, an alternate access (most likely the extension of 120th Street to Highway 3) shall be planned and provided. Tree PTeservatio We fully appreciate the review and consideration given to this topic by your forestry and park personnel. The application of the City's Tree Preservation Ordinance to property used as a nursery tree farm has been difficult and unique. We have agreed to a reforestation plan by transplanting 200 pine trees onto Hidden Corner Park and Red Pine Elementary properties and another 231 trees into open areas of Evergreen. The cost to transplant these trees will be our responsibility. Of the total 53 lots in Evergreen, 15 house pads will be constructed with the initial grading work, leaving 38 lots to be further graded and developed at the time of building permit application. We request that an Individual Lot Tree Preservation Plan not be required at the time of building permit application for the 38 undeveloped Iots, for the following reasons: 1. The reforestation by transplanting 431 trees is by itself an effective effort to protect, preserve and enhance the natural environment. 2. The replanting of 231 trees in Evergreen will fill in the existing open areas of the subdivision. 3. Even after home construction, all lots in Evergreen will have an abundance of trees on theta. 4. Further tree transplanting in Evergreen will be possible from the house pad areas of the 38 undeveloped lots. 5. The dedication of City staff time to administer individual lot development and further tree preservation is not necessary on this original tree nursery site. 4835642 02/12/1997 13:50 4635642 ROYAL OAKS REALTY IN PAGE 04 i ncial Ob ' ati n We request the City to reapportion the pending assessments on the subject property to the east twenty acres and the west twenty acres. Royal Oaks Realty will pay the pending assessments, trunk sewer and water charges and the storm water area charge for the east twenty acres (Evergreen). We do not agree that the City should apply these same charges to the twenty acres owned by Earl and Doris Marotzke at this time. Mr. and Mrs. Marotzke's twenty acres will remain zoned agricultural and it is their intention to continue homesteading the Iand. We look forward to the City Council's deliberation of this development at the February 18, 1997, meeting. Yours truly, V `--L P7 u Michael J. BIaek, Project Manager Land Development Division Copy: Reid Hansen, Attorney at Law RG .- City of INVER GROVE HEIGHTS February 6, 1997 Thomas Colbert Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Tom: As we have discussed, the City of Inver Grove Heights inadvertently omitted some comments on the Evergreen plat relating to the extension of utilities. Inver Grove Heights requests that sanitary sewer and water be stubbed to the east edge of the Evergreen plat. The properties lying immediately east of the Evergreen plat are within the future Metropolitan Urban Service Area (MUSA), per the Inver Grove Heights Comprehensive Sewer Plan. The water could be stubbed between Lots 4 & 5, Block 2, to the far southeast corner of the plat. This would provide water to the future MUSA area and allow for looping. We also request that sanitary sewer be stubbed to the corporate boundary, at an elevation between 950 and 955. There may be a couple of options for providing sanitary sewer. A sewer stub could possibly be extended from the intersection of Spruce Street and Sycamore Drive. Otherwise, the sanitary sewer stub just north of the Evergreen plat may be adequate, if it is at the necessary elevation. Inver Grove Heights much appreciates your assistance in providing utilities to our corporate boundaries. If you have any further questions, please feel free to contact me at 450-2546 or Kevin Hansen, City Engineer, at 4502572. Sincerely, CITY OF INVER GROVE HEIGHTS Thomas J. Link Director of Community Development TJL:mh cc: Gary Johnson, Director of Public Works Kevin Hansen, City Engineer _ Colbert 8150 BARBARA AVEN (IE IN R G VE HEIGHTS, MN 55077 TELEPHONE (612) 450-2500 • CITY OF _, 2) 450-2502 • POLICE FAX (612) 450-2543 January 28, 1997 Dear Eagan Planning Commission: The residents of Pines Edge and Weston Hills neighborhoods are very concerned about many aspects of the planned "Evergreen" development. We are particularly troubled by the limited number of residents, affected by the increased traffic, who were not notified of the development by the city. Additionally, the commission should be aware of our previous petition regarding the safety of children walking to Red Pine Elementary School. The city's solution last year ,vas a striped path -- rather than sidewalks -- along Weston Hills Drive, which vNrill not benefit children from the Pines Edge neighborhood. Our request of you is to delay your decision on this development until a Planning Commission Workshop can be held with city officials, affected residents, and the developer. Many of us attended the January 15 informational meeting and left with many unanswered questions, including: • WiII the city and the developer work to devise a temporary traffic pattern for construction vehicles? If so, what accountability measurements and/or penalty be for construction vehicles that do not adhere? • Will the city make permanent improvements to 120th St., Gun Club Road, and Biscayne so that new residents will have a viable alternative to Svcamore and Weston Hills Drive? We also request the Planning Commission act more diligently in informing all affected residents! By the city's own estimates, our neighborhood will likely see an additional 530 vehicles per day - a 40% increase from our current maximum potential. This significant decrease in our quality of life warrants better communication from you. Besides the traffic and safety concerns, we have many other issues that worry us, which are noted on the attached letter we circulated to our neighbors. Additionally, we want to know the developer's long-term intentions in developing the remaining 20 acres of the farm, and how that development will impact us. Thank you for your consideration of questions and concerns! Sincerely, The Residents of Pines Edge and Weston Hills j / January 25, 1997 Dear Weston Hills and Pines Edge Neighbors: As you may or may not have been previously aware, the City of Eagan is reviewing a proposal from Royal Oaks Realty for a new 53 unit, 40 acre, single-family housing development. It is being marketed as "Evergreen", am)' requires re -zoning of an additional 20 acres located in the southeast corner of Eagan. Attached you mill find a copy of the initial City of Eagan notification sent to property owners within 350 feet of, proposed development and re -zoning locations. A copy of a second City of Eagan notice and the preliminary Plat plan is also attached. A contingency of our local neighbors attended the public information meeting on Wednesday, January 15, held by the developer and city representatives. The information we gathered lead to a number of unanswered questions and prompted our group to meet last Sunday to discuss our concerns. We wish to share these issues, in brief, with each of you. The first issue we identified was our concern that an insufficient number of property owners, potentially affected by this development proposal, were not informed. As noted by the attached City of Eagan letter, only property o%,,,,, ,.. within 350 feet of the 40 acres were notified. We estimate that approximately 15 homes' subject to the greatest impact of this development, 42 homes' subject to potential impact, and Red Pine Elementary administrators anU parents of attending children, were excluded from this distribution. It is our opinion that all residents of Weston Hills and Pines Edge will be impacted to a varying degree! Secondly, consider that each new home contributes an average of 10 additional vehicle trips during a 24 - period. Thus, the proposed development will create an additional 530 vehicle trips daily, or one every 2.7 minutes. This is a major safety concern for the children and parents of the Weston Hills, Pines Edge, and the attending children of Red Pine Elementary. Thus, our letter to you! We encourage you to review the attachments provided, including a list of pending issues, and become involy the decision process. This letter comes with some urgency! The next official public hearing will be held this Tuesday, January 28, 1997. (See attachments for details of location and time.) We invite your questions, comments, and/or feedback regarding this development, and offer each resident ari opportunity to become involved. You are welcome to call the residents noted below to discuss your ideas or. concerns. Additionally, if you are able to attend the January 28, Eagan Advisory Planning Commission meeting, this forum should provide you with an ability to learn and allow your input into this development issue! We appreciate your consideration and attention to this matter! Warmest Regards, P Weston Hills and Pines Edge Neighbors Howard Norris 423-3585 Brian Nevancn 322-1332 Evergreen Development Issues * Significant Increase in Traffic flow -- Note, the City of Eagan estimates that each new household creates 10 vehicle trips over a 24 hour period, which includes those by the property owners, post office, garbage haulers, school buses, etc. This will create approximately 530 additional vehicles in our neighborhoods. This is one vehicle every 2.7 minutes. * Safety of residents and children of affected neighborhoods and Red Pine Elementary. Limited access points leading into the development. Lack of sufficient notice to the local elementary school administration and parents of children attending Red Pine Elementary. Lack of sufficient notice to impacted residents of local neighborhoods. " Heavy construction equipment traffic during both development and home building impacting safety, traffic congestion, and road damage. Concept of developing a community workshop to include residents, school administrators, business interests, city representatives, and developer, to ensure local issues and concerns are appropriately addressed; thus ensrring a successful new development which will enhance the beauty, desirability, and marketability of the existing developments. * Target date of project initiation -- ground breaking? ' Mailability of architectural guidelines or restrictions for community review? * Open of closed builder's project? * Additional Sewer and Water assessment fees? ` Re-route construction traffic with temporary road signs to Biscayne and 120th Street, rather than through W stin Hills Drive? i Futu-e improvements to local streets including Biscayne, Gun Club Road, and 120th Street? * Sidewalks, striping of neighborhood streets? * Burden of road repairs or property damage via property tax assessment due to developer or builder's nefprgence? * Increase in class room size and school capacity? * D-Jorestation of current trees, possible relocation or replanting, accountability measurements? i3 _ city of eagan MEETING NOTICE TO: All property owners within 350 feet of the 40 acres in the SE 1/4 of the SE 1/4 of Section 36, east of Gun Club Road and north of 120th Street REGARDING: Public Information Meeting for a Development Proposal DATE: Wednesday, January 15, 1997 at 5:30 pm LOCATION: Community Room (Level 2) Eagan City Hall 3830 Pilot Knob Road The City of Eagan is reviewing a request from Royal Oaks Realty for a Preliminary Subdivision of 40 acres, and a Rezoning of 20 acres from A, Agricultural, to R-1, Single Family Residential. The 40 acre site is located east of Gun Club Road, north of 120th Street, and south of the Pines Edge subdivision. The proposed subdivision would create two 10 acre lots on the west half of the site, and 53 lots and one outlot on the east 20 acres of the site. The proposed rezoning applies to the east 20 acres, the west 20 acres is proposed to retain the current zoning classification of Agricultural. The purpose of the meeting is to inform surrounding property owners of the development proposal and to get your input and Comments. The official public I•jearing on this request will be held at the Eagan Advisory Planning Commission meeting on January 28, 1997 which begins at 6:30 p.m. If you have any questions about this public information meeting please call Pam Dudziak, Associate Planner at 681-4691. Thank you for your interest. �r Mailed 112197 PUBLIC HEARING NOTICE CITY OF EA GAN TO: Property owners within 350' of 535 Gun Club Road, property legally described as SE 1/4 of the SE 1/4 of Sec. 36 APPLICANT: Royal Oaks Realty, Inc. REQUEST: The Preliminary Subdivision of 55 single family lots and one outiot on .40 acres and the Rezoning of 20 acres from Agricultural to R-1 Single Family Residential. LOCATION AND LEGAL DESRIPTION: SE 1/4 of the SE 114 of Sec. 36, Dakota County, Minnesota, T -27N, R- 23 W. WI4EN: Public Hearing: Tuesday, January 28, 1997 at 6:30 pm ,-,VHERE. Advisory Planning Commission Meeting, City Hall Council Chambers, 3830 Pilot Knob Road The AdrrisoU FImtning Conrn:ission conducts public hearings on these requests and makes a recnrmnendation to the Citj, Cornrcil. The tentative date jar City Council action is February 18, 1997. HOW TO PARTICIPATE: 1. You may attend hearings and testify. 2. You may send a letter before the hearing to the Community Development Department, 3830 Pilot Knob Road, Eagan, MN 55122 or fax to 681-4694 ANY QUESTIONS: Call the Community Development Department at 681-4685 or Pam Dudziak, the Project Planner at 681-4691 with the following CASE #: 36 -PP -25-12-96 DEVELOPMENT NAME: Evergreen CITY OF EAGAN E.J. Van Overbeke - City Clerk The City of Eagan is committed to the policy that all persons have equal access to Its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. uxillary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a otice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. - See A1ap on Reverse Side - 7� t: pit, .i. �.��__ ._� 1��-'•. ��_ ,I f ta� 1 I / t• � 711 t_ 7�i 1( /► w -r • Y7:.. 1 J ..ilr7 � . ��' : •i -i• J . -, �,• �-.f. 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XT r:P 1 111 O �Wgff 111 w flit t City of Eagan Corrrmnity Development Department Location Mar) Evergreen Rezoning and Preliminary Subdivision Case No. 36-RZ 22-12-96 36 -PP -25-12-9G 4A N 700 0 700 1400 Feet