11/19/1996 - City Council RegularAGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
NOVEMBER 19, 1996
6:30 P.M.
I. ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
I+V. DEPARTMENT HEAD BUSINESS (BLUE)
p •I A. PRESENTATION of 1997 Marketing Plan and Budget, Eagan Convention and
Y Visitors Bureau
V. CONSENT AGENDA (PINK)
�— A. PERSONNEL ITEMS
• 3 B. CLASSIFICATION of tax forfeited property
_C. LIQUOR LICENSE RENEWALS
D. HAULER LICENSE for construction/demolition debris - Ben's Roll -off Service,
•�� Lloyd's Construction Services and Mendota Heights Rubbish Service
2p E. TOBACCO LICENSE for Byerly's Wines & Spirits, 1299 Promenade Place
2� F. CONTRACT 96-01, Approve change order #2 (Eagandale Corporate Center - Storm
Sewer)
.2D-6. FINAL SUBDIVISION, Appro Development Inc. (Tan Me Industrial Park)
H. FINAL ACCEPTANCE, Municipal Center construction project, City Hall building
•• a!�'I. RECOMMENDATION, Airport Relations Commission, Metropolitan Council Aviation
Development Guide Amendment
J. RECOMMENDATION, Airport Relations Commission, Metropolitan Airports
Commission 1997-2003 Capital Improvement Program
•S11K. CONTRACT 96-9, Blackhawk Park Pavilion
3 L. FINAL PLANNED DEVELOPMENT - Eagan Promenade Phase II
fi.
��M. FINAL PLANNED DEVELOPMENT - Eagan Promenade Phase III
(� 7:00 - PUBLIC HEARINGS (SALMON)
3• A. CERTIFICATION of delinquent weed cutting, tree removal & false.alarm bills
c� D B. PROJECT 701, Final assessment hearing (So. Hills Add. - Street
Rehabilitation)
C. PROJECT 706, Final assessment hearing (Wilderness Run Road - Street
Rehabilitation)
D. PROJECT 636R, Final assessment hearing (Poppler Lane - Streets)
I. OLD BUSINESS (ORCHID)•
-Sy A. AMENDMENT, City Code Chapter 7.05, Requiring the removal of snow from
designated sidewalks by adjacent property owners
VIII. NEW BUSINESS (TAN)
A. PRELIMINARY SUBDIVISION - David K. Peters, (Acorn Pond Addition) consisting
of 3 lots on 5.15 acres originally platted as part of Lot 5, Wilderness
Retreat, and a VARIANCE to the Shoreland Ordinance lot area requirement
located at 955 Cliff Road on the north side of Cliff Road in the SE 1/4 of
Section 26
•g B. PRELIMINARY PLANNED DEVELOPMENT - Pulte Homes Inc., that will rezone
approximately 116 acres from RB (Roadside Business) and A (Agricultural) to
Planned Development and a PRELIMINARY SUBDIVISION (Rolling Oaks) for a mixed
residential use consisting of 490 dwelling units located north of Diffley
Road, east of I-35 and south of Deerwood Drive in the SW 1/4 of Section 21
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.
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 15,1996
SUBJECT: AGENDA INFORMATION FOR NOVEMBER 19, 1996 CITY COUNCIL
MEETING
ADOPT AGENDA/APPROVE MINUTES
After approval is given to the November 19, 1996 City Council agenda and the regular meeting
minutes for the November 4, 1996 City Council meeting, the following items are in order for
consideration. The minutes for the November 4, 1996 Special City Council meeting will be
distributed with the Additional Information memo on Monday.
DEPARTMENT BEAD BUSINESS
A. PRESENTATION OF 1997 MARKETING PLAN & BUDGET,
EAGAN CONVENTION & VISITORS BUREAU
ACTION TO BE CONSIDERED:
To approve or deny the Eagan Convention & Visitors Bureau's 1997 marketing plan and budget.
FACTS:
► When the lodging tax was enacted by the Eagan City Council to fund the formation of the Eagan
Convention & Visitors Bureau, one of the conditions was an annual review of the Bureau's
marketing plan and budget by the City Council.
► In the three years since the Bureau was formed, the Eagan hospitality industry has expanded with
the addition of new hotels and the expansion of others while maintaining occupancy rates and
room rental rates in excess of the national average and comparing favorably with the Twin Cities
market in general.
The proposed Bureau budget for 1997 totals $429,429. The Bureau work plan includes two items
which imply obligations for the City of Eagan. They are a City "picture book" of which the City
contribution of $2,000 is included in the draft City budget and a plan to address hospitality and
attraction signage as it pertains to the City ordinance. The City's draft 1997 budget does not
include a separate line -item for such a study. If the Council moves forward with such a study, it
may wish to reallocate certain resources in this regard.
ATTACHMENTS:
► CVB 1997 marketing plan and budget packet enclosed without page number.
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
.....Pagan, Minnesota
:::November 4, 1996
A regular meeting of the Eagan *0 `Zbtirja aik:0
Monday, November 4, 1996 at 6:30 p.m.
at the Eagan Municipal Center. Presenf WeWodundlil *"'
ti& -'V -i -Wachter, Awada, Masin and Hunter. Also
present were City Administrator Tom H 6'.Jd'qes, Senior Planner Lisa Freese, Director of Public Work Tom
Colbert, and City Attorney Jim Sheldon,*.:..' , Mayor Egan arrived at 7:25 p.m.
Acting Mayor Hunter stated that Mayor Egan would be arriving later in the meeting due to the fact
that his father-in-law, Leonard Garrity, had passed away. He extended the Council's thoughts and prayers
to the Mayor. He also said that Mr. Garrity had been a long-time Eagan resident and had attended school
at Wescott Elementary where the bell
0 Council Chambers had originated from. The bell was rang in
Mr. Garrity's memory.
City Administrator Hedges no .100 'an executive session following the Council
meeting.
Councilmember Wachter moved, Councilmember Masin seconded a motion to adopt the agenda
as presented. Aye: 4 Nay: 0
Councilmember Masin noted a 1`6 W-i-e-ction to page 11, the first paragraph under Old
Business, Mr. Smitty should be changeSld'"Mr. Smith. e also noted a typographical correction to page
13, the fourth paragraph under Round Ta*,. Ctober-should be changed to Mr. Klober.
Councilmember Awada moved, Councilmem-66KIN"khter seconded a motion to approve the
minutes as amended. Aye: 4 Nay: 0
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
minutes as presented. Aye: 4 Nay: 0 ........
..... . .....
REQUEST BY TONY LANC.*ETTE FOFE:;CLARIFICATION OF PUBLIC NUISANCE,
CHAPTER 10 DOG BARKING)
City Administrator Hedges gave an overview on this item. Tony Lancefte, 1720 Crestridge Lane,
addressed the Council and provided extensive background information relating to an incident involving his
dog. He distributed copies of the existing ordinance. He stated the term habitual in the Code is vague.
He requested the City Council provide clarification. tQ the City Code and change it to include more specific
language instead of using the term habitual::: Awada said that the Council would take the
AM ......
issue under advisement and discuss it w8h1hV "Ci
Acting mayor Hunter stated that there are
a number of ordinances that are somewh*at-vague and he%adOed that the Council would have to meet with
both the City Attorney and the Animal dohtrol Officer to review the ordinance.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996
PAGE 2
In regard to Item C, City of Metals Reduction Company. Inc..
contaminated site cleanup, Councilmerta'EerMabir::gyisfi4tied the cost associated with this and also
stated he was concerned about protecting the City from this happening again in the future. City
Administrator Hedges said that the cost i. ire City was about $1,000 for settlement and added that he was
not aware of any other issues where there *has been a case such as this one, but said an incident like this
could conceivably happen again.
In regard to Item J, Contract 95-10. Approve final payment/authorize City maintenance (Mallard
Park 3rd). Councilmember Masin asked:•ebout the two-year warranty from the time the road is approved.
She stated that given the fact a road is. pposed.1q:last for twenty-five years, a two-year warranty does
not seem sufficient. She asked if there:��iiras any vv�y to obtain a longer warranty for roads. Director of
Public Works Colbert stated that the w§t,:lMenty cci �W be stipulated for any length, but there are certain
standards in the industry. He added* than historically, the standard for most communities for public
improvements is a one-year warranty. F#e:€ctf#r:bdded;tf:ttie: City of Eagan has stretched that warranty
to two years. He said that when warran#iet;:afe*:str teh,6d:beytiiid two years, premiums are included in bid
unit prices to protect contractors against unknown situations. He also said there are stipulations in the
statute that allow a longer period of time, up to the statute of limitations, for defects that have been
identified in material and workmanship that go beyond the length of the warranty. He noted that the during
the two-year period a warranty bond is required. City Attorney.Sheldon added that the length of time the
statutes allows for defects varies from 2 to 10 years.
In regard to Item U, Resignati9Q--k6m._.,'dw''';'' Pianning Commission, Councilmember Masin
thought that it would be appropriate to a4W&'% resigna%i40n from the APC, as well as the resignation from
the Advisory Parks, Recreation, and Natural.;Rasources'Cbmmission (Item V), but make the effective date
of resignation December 31, 1996. She sugge9ted.* I ing.the members who have resigned to attend the
commission meetings through the end of December, R. ittaya the time to be involved. Councilmembers
concurred with Councilmember Masin's suggestion. City Admi*m"strator Hedges asked if the Council wanted
their resignations to be effective at the end of the year or extended until their positions have been
appointed in January. Councilmembers agreed that it would be appropriate to have the resignation
effective when the positions have been filled.
I_1
Item 1. It was recommended to approve"*-ithe hiriri-g �f.;P'rankii*n Martin as a temporary Building Inspector.
Item 2. It was recommended to approve: the hiriRg::of Rebecca Flannery, Quentin Mitchell and Bridget
Hunnel as part-time seasonal ConcessI$.0.. Vo ers kan Dropkin and Matthew Laird as part-time seasonal
Skate Guards, Colin Kerslake aspart-tirtieaS�titiatUpii, and Aaron Hunter and Eric Amann as a
part-time seasonal Custodial Workers for.'tfie'Civic
B. Continuing Disclosure Agreement - Springsted. It was recommended to approve an agreement with
Springsted to provide continuing disclosure services to the City of Eagan.
C. City of St. Paul Settlement Agreement:=tia35:Rn Comfy. Inc.. contaminated site cleanup.
It was recommended to approve a confidet�**settlemeM:. agreement with the City of St. Paul.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996•
PAGE 3
Obligation State Aid Road Refunding BQads Series 1996C It was recommended to approve a resolution
to issue and seA $6,115,000 General 000 ation Improvement Bonds, Series 1996A, $350,000 General
Obligation Equipment Certificates of Ind6t5tedness, Series 1996B, and $995,000 General Obligation State
Aid Road Refunding Bonds, Series 1996C>::::E:::::::::::::::::::::::::;
E. Extension Preliminary Subdivision. P—liminary and Final Planned Development for Safari at Eagan 3rd
Addition. It was recommended to apprm-a six month extension that the developer requested (until April
17, 1997) for the Preliminary Subdivision':"and Preliminary Planned and Final Planned Development for
Safari at Eagan 3rd Addition.
F. Correction of minutes for EZ Air Conditional Use Permit approved October 1 1996 It was
recommended to re -approve the City Cicil minutes of October 1, 1996, to include two conditions which
did not appear in the copy of the minutesbriginally:.tatified on October 15, 1996.
G. Duplex Lot Split. Thomas Anderson Q( of ick 1 Wescott Hills 5th Addition It was recommended
to approve a Waiver of Subdivision to allow a duplik lot split for Lot 2, Block 1, Wescott Hills 5th Addition
subject to the following two conditions:::?[Isii►v�htif:Sii#?dRVision for Lot 2, Block 1, Wescott Hills 5th
addition shall be recorded with the Office within 60 days of City Council
approval. 2) If a combined driveway access off Wescott Trail is created, the applicant shall provide a joint
driveway. easement agreement to be reviewed and approved by the City Attorney, and recorded with the
Dakota County Recorder's Office with the Waiver of Subdivision.
H. Resolution, RiverPark Office Center regi
adopt a resolution regarding the impact of the
RiverPark Office Center located west of.HichW'i
authorize the preparation of detailed plans
(Cliff Road Reservoir - Disposal).
)rive extension. It was recommended to
(ennebec Drive on the EAW decision for
of Yankee Doodle Road.
nervoir - disposal). It was recommended to
by KLM Engineering, Inc., for Contract 97-01
J. Contract 95-10. Approve final 2Yment/authorize City maintee ange (Mallard Park 3rd) It was
recommended to approve the 3rd and final payment for Contract 95-10 (Mallard Park 3rd Addition - Street
Rehabilitation) to Valley Paving for $56,541.60 and authorize acceptance for perpetual maintenance subject
to warranty provisions.
K. Contract 96-11, Approve chang
Change Order #2 to Contract 96-11
to execute all related documents.
L. Contract 96-P. Acknowledoe com;
It was recommended to acknowledge (
- Storm Sewer) and authorize perpetu
LML It was recommended to approve
and authorize the Mayor and City Clerk
(Eagan Woods Office Park 2nd Addition
to warranty provisions.
M. Contract 94-X. Acknowledoe completion/authorize City maintenance (Whisp .ring Woods 10th Add.).
It was recommended to acknowledge completion of Contract 94-X (Whispering Woods 10th Addition -
Streets & Utilities) and authorize perpetual C r3n#nce subject to warranty provisions.
N. Contract 95-D. Acknowledge comp i0hMuthorize'Citir maintenance (Cedar Heights Add,L It was
recommended to acknowledge complet:—'Of Contract 95-4'�i✓edar Heights Addition - Streets & Utilities)
and authorize perpetual City maintenance subject to warrarliy .{provisions.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996.
PAGE 4
O. Contract 94-1. Acknowledge completion/authorize CU maintenance (Lexington Pointe 11th Ada It
was recommended to acknowledge ooO* pp! tion of Contract 94-1 (Lexington Pointe 11th Addition - Streets
& Utilities) and authorize perpetual City maihtenance subject to warranty provisions.
P. Schedule Special City Council 9 me `:2-1 &-25 at x:00 p.m. It was recommended ,
to schedule special City Council meetings for November 19, 21, and 25, at 5:00 p.m.
Q. Adopting Stipulation of SettIeme4'*;---'$mrnAr-tors Properties, It was recommended to approve a
resolution of the City of Eagan adopting Stipulation of Settlement resolving an assessment appeal by
Prospector's Properties, a General Partnership.
U
Dick's Sanitation and Aagard Sanitation.-'::# was remmmended to approve construction/demolition debris
licenses for Action Disposal System, lnc.'.*terialsJR.Ocovery Ltd., Dick's Sanitation and Aagard Sanitation,
.
as presented.
S. Tobacco Sales License, Tobacco Rd. It was recommended to approve a
tobacco sales license for the Tobacco Road as presented. (Councilmember
Wachter voted against this item.)
T. Massage Therapist. Mark Rhein. Care Chiropractic. 3390 Coachman. It was recommended to approve
a massage therapist license for Mark Rhein to perform therapeutic massage at the Care Chiropractic Clinic
at 3390 Coachman Road, as presented.
U. Resignation from Advisory Planning s recommended to accept the resignation of
Dee Richards from the City's Advisory
g Commission effective at the time of new appointments in
January, 1997.
V. Resignation from Advisory Parks. Recreation.: d�:::NaturaI Resources Commission, It was
recommended to accept the resignation of Stephen Th6riip'-sibit'i from the Advisory Parks, Recreation and
Natural Resources Commission effective at the time of new appointments in January, 1997.
W. Final Subdivision, Apollo Subdivision - R.L. Johnson Company. It was recommended to approve a
Final Subdivision for the Apollo Subdivision located south of the Apollo Road/Lunar Lane intersection.
X. Approve bids for pumper telesquirt/Figoj" X i
.. : . 0 recommended to award the bid for the 65
foot pumper/telesquirt to General Safeti 'T ir-th
:4e I e 61iiiai'w"" ith trade-in bid for the price of $380,460.
Y. Contract 96-01, Approve change gWpr #1 (EA ndale Corporate Center), It was recommended to
approve Change Order #1 to Contract j06-01 (Ea-thdale Corporate Center Addition) and authorize the
Mayor and City Clerk to execute all rel"�:-61 ...... M9
Z. Contract 95-M. Acknowledge completion/authorize City maintenance (Mallard Park 4th), It was
recommended to acknowledge completion of Contract 95-M (Mallard Park 4th Addition - Streets & Utilities)
and authorize perpetual City maintenance subject to warranty provisions.
Councilmember Wachter moved, Q 'u seconded a motion to approve the consent
agenda. Aye: 4 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4,1996-
PAGE
,1996•PAGE 5
MULTI -FAMILY HOUSING MORTGAGE REVENUE BONDS
(ROYAL OleiCli%t;:p#3iCi;;l'C SERIES 1986
City Administrator Hedges gave:;i h overview on this item. Acting Mayor Hunter opened the public
hearing to anyone wishing to speak. ThO'ro being no one wishing to speak, he turned the discussion back
to the Council. He then referenced a letter from Faegre & Benson which stated that the proposed
amendments would decrease the risk to the City.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the
resolution ratifying and confirming the q ber 15, 1996 Resolution No. 96-91 extending the maturity date
of the Bond and making other changes:#p -the Bortd:: Aye: 4 Nay: 0
CERTIFIC#,*ION OF :DELINQUENT UTILITIES
City Administrator Hedges ga..:;atr tkiiss:em. - Acting Mayor Hunter noted that the
average amount per delinquent account oii'the listIV I""ipproxiiliately $200 and will be spread over a one-
year period. He then opened the public hearing to anyone wishing to speak. There being no one wishing
to speak; he turned the discussion back to the Council.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve certification
of delinquent utility accounts to Dakota County for collectiprt ji8th property taxes. Aye: 4 Nay: 0
PROJECT 6368;. F%A1`:AS91ESSMENT HEARING
(POP LER LANE::::STREETS)
City Administrator Hedges gave an ovWWW.;6mthis:item. He said that the public hearing notice
was not sent out within the proper timeframe and he aped: to the property owners who were affected.
He also said the public hearing would be held on Novembef "t9 and that all parties have been notified by
letter of the necessity to reschedule the hearing. Acting Mayor Hunter asked if there was anyone wishing
to speak. There being no one wishing to speak, he turned the discussion back to the Council. Director
of Public Works Colbert noted that the public hearing is being rescheduled and not being continued.
Councilmember Awada moved,
assessment hearing to November 19, 1.
AMENDMENT, CITY C
FROM DESIGNATED
a motion to reschedule the final
MOVAL OF SNOW AND ICE
ENT PROPERTY OWNERS
City Administrator Hedges gave an overview on this item. City Attorney Sheldon stated that the
ordinance that was drafted is somewhat different than what was directed by the Council for two reasons.
He noted that it is difficult to measure the distange fr9m schools with respect to which homeowners are
responsible for removal of snow. He any confusion, a map would be used to
identify specific property owners who woua,be`lesponsi64.-*6•.the removal of snow adjacent to their parcels
and they would be notified of their oWig*fion. He furtl e4.' aid that the second issue related to what
constitutes two inches of accumulation.:;He added that this standard would be difficult to interpret and
monitor. He further added that the ordmf p"'Ne was modified:10riclude the removal of snow would have to
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996
PAGE 6
occur within 24 hours of deposit and if Rc : done within that timeframe, the City would notice the property
owner to clear the snow. He said that if 166":snow is not removed within 12 hours after that, the City would
have the ability to clear the trail and charge the property owners. Acting Mayor Hunter asked if the
direction to remove an snow at all is ' "
y tKjir�,tt:�%:cil:�ia>iat�f�ties' requirements or if it varies. Sheldon
stated it varies greatly. Acting Mayor Huliltlk:r-irted';'6::l%"4 P: siassues in regard to this ordinance still need
to be determined.
Tony Lancette, 1720 Crestridge::LBne, addressed the Council and asked what would happen if it
snowed while the property owner was away from home and he asked if the 24 hour time period begins from
the time the snow starts to fall or from the time the snow ends. Hedges said that the purpose of the
program is to provide safe walking to schools from residential areas during the winter and it would be the
responsibility of the homeowner to make -arrangements with someone else to remove the snow. He added
that the Council has requested staff wol: ;with the:ftighborhoods during this pilot program.
Acting Mayor Hunter turned thO.-J eeting bkdk to Mayor Egan who arrived at 7:25 p.m. Director
of Public Works Colbert stated the 24 hour time period begins once the snowfall has ended. Hedges added
that the Administration Department will;so§Fam aspects and will explain the Council's
policy to the public and the Public VVorits' Cepaftiieril vel : dandle issues relating to snow removal.
Councilmember Wachter said he was not in favor of the removal of ice being included in the ordinance and
further said the Council has not discussed that issue yet. He reminded the Council and the public that the
study, that was conducted by the Wallace Group regarding the removal of snow from trails by the City,
indicated the public would not support the program if it resulted in increased tax dollars. He added this
program is being conducted on a trail basis affecting only.: h6te trails close to the schools. He further
added that next year when the budget is establi�red:Ahi$::wlll have an impact on it. He said he feels
strongly that there will be problems when;.tkfe:s0i?irttploi:plow salt laden snow onto the sidewalk, which
will then be pushed on trees and shrubs.:::::
Councilmember Hunter stated that-ii4:.i:gidkrtt$:.affected by this ordinance need to be notified of
the process so they can come forward with their coitici}rtts : Hi.mentioned that the Council does not want
to make this onerous on the people it will affect and, theref6r6;:-the ordinance should only apply to concrete
sidewalks and not trails at this time. He added that people would generally be amenable to clearing
concrete walks. Councilmember Awada concurred with Councilmember Hunter. She also agreed with
Councilmember Wachter that the removal of ice should be taken out of the ordinance. She stated that the
clearing of walkways should extend to the end of the street. Councilmember Masin asked why, if the trail
serves as the means to get to another loca#iQn;..it would not; be expected to be cleared. Councilmember
Awada answered that it would be difficult 6i:: oop.l0 traget:i;
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996
PAGE 7
sense of continuity for efficiency.
Councilmember Hunter said he fbbls requiring property owners to remove snow from the side yard
and, especially the rear yard, are oneroak1hi-..a.$'i'65'*0
s it would be- hard to get full cooperation.
He noted that nearly half of the parcels;ti nhyi� ei�"ould be affected by the ordinance fit into
the category of having side yard or rear..Wd sidewalks. He further noted that the ordinance should either
require every property owner to removi::6 snow along the sidewalk, since it does not make any sense
to have a contractor clear part of it, or the'City should clear all the sidewalks. He stated he feels the City
should clear all the sidewalks during the pilot program and evaluate it next year.
Councilmember Awada noted that there are two specific areas which have mainly side yard or rear
yard sidewalks while other areas have rypirly front yard sidewalks and that, by distinguishing between the
areas, the ordinance could be appliedibertain :was. She said a good argument could be made for
residents not clearing rear yard sidewalk'i*�:*::'Councib*h"ember Wachter said the sidewalks should be cleared
from point A to point B regardless of Aer the r*e::*re side or rear yard sidewalks. He said rather than
distinguish between the location of the,*'s1`dewalks',:':ihey should all be cleared close to the school by a
contractor. Colbert stated it would bj:. glpfj$.:.t
tel ": what areas the Council would want the
ordinance to cover and the other areas w6uffbe'tak :.66'y a contractor. Councilmember Masin said
that when this issue was discussed originally, the property owners were to be responsible for clearing the
sidewalks from the beginning of the program. Councilmember Wachter stated he was trying to simplify the
areas to be plowed by a contractor vs. the areas to be cleared by property owners.
Mayor Egan said that this is a pilot program and -tbsitit should be kept simple. Councilmember
A have mainly front yard sidewalks, should
Awada stated she felt Hawthorne Woods and
j0iikhdgp and Thomas Lake, which have mainly rear or
be cleared by the homeowners and t ie.apez-' .
side yard sidewalks, should be cleared :*-':-'thd *City. $.hb added the quadhomes do not fall into either
category. Hedges asked if the quadhomas::sl'puld be6kared by City staff. Councilmembers agreed to
include those homes with what is being do"n*e'-ii:i'4-'.*iirm.e.digte area. Councilmember Awada said the four
additional properties along Denmark to Deerwood sFrdWd*Nk:l!Rared by the homeowners.
Councilmember Awada moved, Councilmember Hunter seconded a motion to continue this item
to the November 19, 1996 City Council meeting for consideration with the noted modifications. Aye: 5
Nay: 0
Councilmember Wachter stated he.was..voting in famor.of this item, but that this program is a pilot
program and will be in place for one yegf...:*..:.:..:..:-.:.:.:..:*.
X ...
REQUEST BY GREG AND MAJ.JtL-Y-NAk0U.RDS.-TQ DISCUSS UTILITY HOOK UP
FOR PROPERTY.: f3::JK W:PILOT KNOB ROAD
City Administrator Hedges gave an overview on this Rem. Marilyn Rounds, 3160 Pilot Knob Road,
addressed the City Council and stated they are requesting a waiver to put in a one inch water line from
Jurdy Court between Lots 19 and 20. She stated •they have permission from both of the homeowners to
pierce in a one inch line. She added they ha*ov�w)W
._ .-with the Engineering Department and had initially
been told it would be okay to pierce the found out the line serviced two other homes
and was not a four inch main, they w2A't':e-:--d - them to diii::-'�:.itench. She further added that this land is
1-
uncompacted and, if a trench is dug, thet6 Would be the pos ility that the sewer line could collapse. She
stated that they have received bids frofi:.'$12,000 to $40,00046 put the water line in. She mentioned that
when they first got their building permit re. s� pf d tq get their water from Pilot Knob Road. She
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996
PAGE 8
said they received a bid of $6,000 to pu#;1.6:the sewer and water from the existing main (in the rear yard)
to the property. -She went on to say tt*�4. ere told they would need a waiver in order to do this. She
noted that in order to get the water to their property she had to sign a an agreement stating it could take
up to six months to get the water becausi? t ;3 t if: twe�er : -ft 19 and 20 might need to be condemned
for an easement. She added that the agre ciieiit elates ..ft*:.wb. uld have to pay to condemn the land and
also two-thirds of the cost to put the new: , watermain in. She went on to discuss the existing easements
on Lots 19 and 20.
Director of Public Works Colbert stated that the one inch service that comes between Lots 19 and
20 splits off and serves two different properties, one of which is owned by the Rounds. He noted that the
existing situation does not meet Code and would not, in many cases, meet the requirements for financing
by banks. He stated the Rounds hast::originally requested to tap the new lot into the same one inch
watermain. He added there is physical3y 'ot eno4-,,v capacity in the line to accommodate three property
owners. He further added that the Roun tare now:0questing to run a separate water service out to Jurdy
Court. He mentioned they are within wl'ia3 would :pe:a public utility easement for a public sanitary sewer
and there will then be two private water .service. lines, one of which services two parcels and the second
one would service this new parcel. He:;ladtliiaSi$iiggested the City correct the situation by
installing a City watermain from Jurdy Couif: 6ack'tb-,4lie'pr'dpet#y line and at that point, come off with three
individual water services. He further said that at the same time the City is installing the water lateral, it
would be -appropriate to construct the sewer service connection, since the equipment would already be
there to handle the extra depth. He noted that staffs recommendation would allow each of the three
property owners to have their own individual sewer and water services. He said the altemative would be
to have several private water services within a City easement;:Mext to or on top of the City's sanitary sewer
line, one of which is substandard and services the.:prese ::two, lots. He mentioned that staff is uncertain
to what extent the Rounds would betitiii:rlrrbing once the current water service situation is
discovered. He noted that originally, wt�s :#: lot split 0.me through, it was proposed to have the water
service come off of Pilot Knob Road and #w:5 wer service from the backyard, which would have met all
the requirements.
Councilmember Awada asked why the Rounds haVe"'i':problem with upgrading the existing water
line. Mrs. Rounds stated that it would be more economical to put in a separate water line from Jurdy Court.
Colbert indicated the Rounds are requesting to put in a separate one inch water service from Jurdy Court
either over or adjacent to the other private water service. He added that would not solve the problem they
have with their current house. Councilmember Awada asked if the City could require them to fix the current
house when that is a separate issue. Colbertftipated that.$taff offered to extend the City watermain and
then spread the cost as anassessment;#p:;#ie#p:iiiinitrii;:t}ie:financial burden. Councilmember Awada
asked what the City could legally requffi:l ie Ro66ft:fo do in regard to correcting the current situation.
City Attorney Sheldon stated he was unsure if the-'iattiunds had obtained a permit to connect to the water
on their existing house. Mrs. Rounds sWO:that whert.:they moved into their house in 1989, City water was
already connected to their house. Coiesf _ir4ipted-. he.wo.§,.4nsure how the water service was installed
With the shut off for the Rounds to coni9:;:;}ie:dded there were two water shutoffs and it
was probably thought there were two individual water 96M6es.' He further added there was no knowledge
they shared a common line. Mayor Egan stated the two issues before the Council are separate issues.
Sheldon also stated they are two separate issues. Mayor Egan asked what the relative cost is compared
with what the Rounds are proposing and staffs recommendation. Colbert indicated the City has not gone
out for bids because of the dynamics of the Rounds stated the cost they were quoted was
$12,000 to bring the City line back to their.; itr; 5ity:: f're 63ded that because this is uncompacted ground,
there is the possibility that the sewer co iltl.:ateak and w6W.: deed to be replaced. She said it would cost
approximately $6,500 to bring in an addiiiinal line.
Councilmember Wachter stateO.'0jot what the Round; : re proposing will impact all three lots and,
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996•
PAGE 9
someday when any of the three lots are:agld, it may affect the potential financing and also the fact that the
problem would then need to be correcfW: He added that a one inch pipe is too small to service two
homes. Colbert stated the correct way16 solve the problem would be to involve all the property owners,
investigate cost estimates and propose fitiy:3ipfiQns::IVl�rdr Egan noted that these are totally separate
issues, but stated it would be in the this issue resolved all at once and would
probably help them with financing of theO:-new home and would also benefit them with better utility service.
Mrs. Rounds stated that all financing W.. .' been taken care of. Mayor Egan said it could affect future
financing for the Rounds, as well as thd*nirighboring property owners. Councilmember Awada reiterated
that these are two separate issues and the Council could not force the Rounds to comply with the Code
based on their request. Colbert stated the other issue relating to the Rounds' request is that before they
can proceed with obtaining individual water service to Jurdy Court, the Rounds would need permission from
the adjacent property owners. Mrs. Rowx*is stated she had written permission from them. Colbert said the
water service is a condition of the waived #f plat that:was already approved. Councilmember Wachter said
it does not seem proper to dig the ditcli':t�ext to ft:gther one when a larger line could be put in to satisfy
all three property owners and they wot;i . then hi4 adequate service. Mrs. Rounds stated they do not
want to dig another ditch, but rather the'y:want to:pierce the line underground.
Councilmember Hunter added waiver of plat is that the Rounds connect
to Pilot Knob Road and the Council has the right to enforce that condition. He agreed with Councilmember
Wachter that the problem should be corrected to affect all three property owners and the cost should be
spread to each of them. Mayor Egan recalled Mr. Rounds appearing before the Council and felt he should
have understood the intent of the condition of the waiver of plat. Mrs. Rounds noted that they were told
if they could prove there was water in the back of their ,lot.t o could connect. Colbert indicated there is
no water there for them to connect to since it is .a. ..vatk sarvice line. Councilmember Masin asked who
bears the responsibility for what happened;:pi 069'liy::in :r-egard to two property owners being serviced by
a one -inch main. Councilmember War, er:sated they.,,We no idea of who did it and it may have been
the builders of the two lots at that time. He.:added. that'lhe water line should be a four -inch cast iron pipe
and service the three lots. Councilmember'Hutit$t:jlaFi#ied that would apply only if the property owner
proposes that or else they could get service fro�'t1of---h*6b::Road. Mayor Egan noted that, they have
signed an agreement. Colbert said staff does not understafifd:why there is resistance to connect to Pilot
Knob Road since the distance is shorter by one-third compared to the distance to Jurdy Court. He was
not sure why the cost difference on the Rounds' estimate would be so high. Mayor Egan noted that this
will be financially challenging and said staff should work with the Rounds to come up with the most cost-
effective way of obtaining water service for them.
City Administrator Hedges acknt'swi 1e g*O.Jt 'i: Brite ,s: Mrs. Rounds has been under due to her
husband's illness. He also commended:Staff for :�hany hours spent in trying to find a solution to the
problem. He asked if Mrs. Rounds retildbsts tha -Ae Engineering Department go ahead with the plan
recommended by Director of Public Woft Colbert -would the waiver of plat need to be amended or should
staff be allowed to proceed. Colbert shied it.WoA:be.helpful if the Council indicated whether they would
be receptive to amending condition not:3#laW Sttion from the rear if it were updated to City
standards. Councilmember Wachter said that would be'cdi3ptable to him.
Councilmember Wachter moved, Councilmember Awada seconded a motion to reaffirm the
conditions approved with the 1993 Waiver of Plat allowing the backyard plan, if upgraded to City standards,
as an amendment to Condition No. 3 of the Waive.*zf-.P)et. Aye: 6 Nay: 0
COMPREHENSIVE GUIDE:AMENDW-N-T, SCENIC ENTERPRISES, INC.
City Administrator Hedges gayip:;jan overview on thisAern. Senior Planner Freese gave a staff
report. Mayor Egan commended the Wail of the staff report atsd also the detail provided by Senior Planner
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996.
PAGE 10
Freese in her presentation. CouncilmeMj; pr Wachter asked if this was the same report that was given to
the Advisory Planning Commission a&:•the Advisory Parks, Recreation, and Natural Resources
Commission. Freese indicated it was thd' "Same report and there were only some very minor changes in
the plans after the preparation of the plarrrtin -:M. ....:::: gan noted the reason for this item being
delayed was to allow the task force to rrfW::;::;:::::;::
Tony Gleekel, representing Sceij� ,Enterprises, Inc., addressed the Council and stated they were
concerned that the designation of the Ceiftial Area had major office in it which would limit the flexibility of
their proposal.
John Voss, planning consultant representing Scenic Enterprises, Inc., addressed the Council and
discussed the layout of the site. He sWed the left central portion of the site is the major area to be
developed. He noted the problems tFi t:vould be::associated with a major office development which
included an easement running across tf�k:�property;-*jbstantial setbacks that would be required adjacent
to residential property, and also retaining::the drivq*`0" that extends through the property. He added that
the select properties in the area have already beerf'&veloped and it would not be practical to develop the
remaining property as major office. He Mdfs&':adged :that3h*tS a large infill development area. He said
there does not seem to be any market or*Wi e4i:ki ";6* :r:.: j:W:t"filice use. He discussed the Comprehensive
Plan, the ring road and residential density. He noted that the study has not provided them with much
direction for this property and he inquired if there could be more focus on the other portions of the central
area, as well as this property. He discussed the proposed housing development. He said the use being
proposed will generate less traffic as opposed to having major office located on the site. He stated they
will be flexible and work with staff on their proposal.
Jeff Shea, representing Northwest .Air..... r cl;li ;sed the Council and stated they do not support
the request by Scenic Enterprises becayse:fle}r'feel theii'.�proposal would not fit within the office park. He
further stated they believe this would cteate.-.e:.h.ish buren on the infrastructure and the traffic pattems
would interfere with the ingress and egress 'ef >tfte:cr rate offices. He added that their operation is very
sensitive and security would need to be increased'**t : dt I 9. were changed to include residential. He
further added that this site is one of the last areas that 6dWd::be developed for corporate use and, even
though the market may not support it right now, he urged the Council to look to the future.
Mayor Egan noted that letters were also received from Tom Lindquist of Lockheed Martin and from
Judy Cognetta of Unisys stating their positions. He said the Council believes there is an opportunity for
corporate office space in the City and losing this,.�jte would be a.substantial loss. He added that John Voss
had pointed out some barriers to developing: : rtiajor.Ofce::Complex on this site. He further added that
there has not been enough time devoted:faward tlie..gttldy of ibis site as compared to the Promenade site.
Senior Planner Freese indicated the central area 0160 was primarily focused on the Promenade and the
area east of 35-E. She said that during the:discussipne with the Central Area Task Force and the Planning
Commission they tried to develop somq:* mdin9 j�ameters for the development of the entire area that
was designated as central area. She: l ttl i*iidi'd:ftt::*:fti;ly was not conducted on each individual
quadrant regarding alternative types of larid'Uiwor''tieii ipii eht schemes. She discussed the easement
area and said the entire area of property has to be looked at for potential development. She added that
staff has not conducted a detailed site analysis for this property. She further added that the site constraints
identified would affect both office development and also residential development,
Mayor Egan stated that this proper#:; _tiepin::racketed for sale for some time by prior owners.
He further stated that this site has not be6h':-.#:h6t prospe4#f1erms of any sort of a general office building
complex. He noted the market has beery:gOtfhg through some:changes and he added he is willing to gently
guide the market in this area, but he does not want to dictate . P market. Freese indicated that there was
a market slump a few years ago in regi iii:to office developrtieht in the area. She added there has been
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996
PAGE 11
a tum -around in recent years. She furiher added the market suggests the trend of building multi -story
speculative office buildings will not be reMi ltited, but rather smaller office buildings will be constructed. She
stated that the constraints could be wd"k around if smaller buildings are placed on this site and she
added that a single large office user migtif:c i::t if#iGUlties. Mayor Egan noted that space in the
Waters Office Park is much more availsa.'* :'*'M::Oi�.6*: i.-:ihere may also be some land available on
the West Publishing campus. He asked.:it a corporate office building ranging from 100,000 to 300,000
square feet could be constructed on t]4.- te. Director of Public Works Colbert stated he believed there
would be opportunities to construct several mufti -story office buildings within that range on the site. He
added the site does have constraints, but he said the building footprint would accommodate such a facility.
City Administrator Hedges stated that, in regard to the Apothocary development considered several
years ago, the easement was an obstacte:in the planning of the site, but it could have been worked around.
He further stated the issue with Ap.othocary v@g financing rather than a problem with the site.
Councilmember Masin stated she liked::tf#e concepf:being proposed by Scenic, particularly the assisted
living component, but she felt the City skiWd reset?i k1he site for office space. She said that section of the
City is overburdened with multiple housing units.:Wyor Egan stated that this site is in Section 9, which
in years past was synonymous with dente:ii sill&n#af:::: d h'0!ftmber Wachter asked how long the O'Neil
property had been for sale. Mayor Ega.i� §di4At load :for sale for approximately 25 to 30 years.
Councilmember Wachter stated there is a shopping center there now and it is a good fit with the central
plan. He.stated the land Scenic is proposing to develop was recently sold and purchased and that has only
occurred within a short period of time. He said the Council should not jump to any conclusions and reverse
the plan. He further said the APC, the APRNRC and the task force all came to the same conclusion that
this is a viable location for what it was originally zoned for..:::Hti noted the intersection of 35-E is going to
be improved and widened and will create a viable. -situ. oiR bfr office use for the site.
Councilmember Awada said mtBpll'tbning is:rttit needed in the City, especially in this quadrant.
Councilmember Hunter stated that office*spam.:goes haiicl�in-hand with upscale retail space. He noted this
parcel may have been for sale for a longnot been for sale at all since the northeast
quadrant has been developed. He thanked the deireloi>;r:fat;Xhe flexible plan they came back with, but
stated the residential component had not been narrowed' doVvn enough. He said the study that was
conducted states the central park is not big enough and would need an additional nine or more acres. He
went on to say the corporate neighbors are opposed to this development. He added that he thinks the
major office component will rise in demand because of the close proximity of shopping opportunities. He
further added that John Voss should be given a response and the City should provide more definitive
direction for the northwest quadrant. He suggested a subqrQep of the Visioning Task Force should review
the quadrant and provide some directior}:a:syv ma s:Off'pe could fit into the area.
Mayor Egan noted that the Eagan Rotary:£iub has been looking for a suitable location for an
amphitheater in the City and he stated they would. rept be inclined to put it in a central park if the park was
located in an area surrounded by resid6h*t's.. Hedges stated that a committee of Rotary liked the 80 -acre
site in question, but they were concealed::at�ioctt:;pcii;aLi 3i6h*t.*tieing held during the summer and creating
problems with noise and activity located near resieiitia>'AWft.' He said they felt their uses would be better
suited in a commercial area.
Councilmember Awada moved, Councilmember Wachter seconded a motion to deny a
Comprehensive Guide Plan Amendment to ct�wqe:the.:Central Area Land Use Plan from CA Central Area
(major office) to CA Central Area (mixed -:M10011 1tFafii:.46Mmercial and park) on approximately 80 acres
located north of Yankee Doodle Road,;:st' of Pilot' Kiiq Road in the SE 1/4 of Section 9 for all the
reasons cited in the Advisory Planning Eoi mission report aijl;cited at the Council meeting. Aye: 5 Nay,
0
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4,1996-
PAGE
,1996•PAGE 12
PLANNED DEVELOPMENT AMENDMENT, OPUS NORTHWEST, L.L.0
City Administrator gave an overt& on this item. Senior Planner Freese gave a staff report. Jay
Scott, representing Opus, was present R:;9h[Sc�?�# jr:: i o -Wt is. Mayor Egan asked if there were any
objections by other tenants. Mr. Scott stat ed:# ey:any objections. He said the store front
will have a creative and high quality image. Councilmember Hunter stated one of the major concepts of
a Planned Development is the uniformity.;3, W conformity of all of the amenities and architecture. He further
stated he has talked with many people tluring the last couple of months who are opposed to and in favor
the Promenade and one of the common themes is that they all understand the importance of having unified
architecture. He said he is opposed to this and if this is allowed for one tenant it would have to be done
for others. He added the last thing he wants to see is large store fronts with different types of architecture.
Councilmember Masin asked wb.j.Jhey arej�questing lettering which deviates from the standards.
Mr. Scott noted that all of the materials the loA:Aseif are consistent with what has been done with the
rest of the center. He said the facade arep is expo isive, has a quality look and will add character and that
there should be some uniqueness to & center:`:."Ci ouncilmember Awada stated she agreed with the
applicant that everything should not be tf :sarsie:1;i$:OSaI adds character while not hurting quality.
Councilmember Wachter agreed with Couricilnl*Iber.'A�iiatla..::AIFr. Scott stated that the lighting is consistent
with the other store fronts.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve an
Amendment to the Eagan Promenade Preliminary Planned Development for Lot 8, Block 2, Eagan
Promenade (Phase 2, in-line center) to allow a change in,.the::torefront materials and signage subject to
the following conditions:
1. All rooftop mechanical 'a... shall3ss screened from view.
2. The Building Elevations drawlxig.*h . 9:be;F wised to include a specification for the proposed
awnings.
Aye: 4 Nay: 1 (Councilmember Hunter opposed)
PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION
CSM CORPORATION
City Administrator Hedges gave:;'r t3vRi*iew.:p i :rMis: item. Senior Planner Freese gave a staff
report. Steve Dubbs, representing:'::- Cc stion,' vias present to answer any questions.
Councilmember Hunter said the failure:o'-Cracker-"8 'rel sensitized him to the importance of the visibility
of signs. He further said he was willing: to:_look at ir�reasing the height of the sign to make it more visible,
but he did not agree with the request 6.`6ve. MW si?parate signs. Councilmembers concurred. Freese
stated that if the 125 square foot m*X..:xiU rt::#t ::sigr aot X'::maintained, the 35 foot height would be
adequate. She further stated if the si . K.:iocaiiori' ismbVed'f * Ither to the north of the original location, it
would be better and have less impact on the residential neighborhood.
Mr. Dubbs discussed their proposed plan and stated the height of 35 feet is acceptable for the sign
to be located approximately 25 feet north of.tbe;:"iAtinq approved sign location, but they would like to
propose having two signs combined on one ilQti : %ila or ggan asked if the sign was moved 25 feet north
how close would the sign be to the ; .r'i"ical clinic' 'signx.. Freese indicated the distance would be
approximately 280 feet. Mr. Dubbs state' :We restaurant they ire negotiating with was requesting individual
pylon signs and if that was not possibte.tbey would relocate•.to another city. He added they do not want
to have a sign that does not work. Mao(:Egan stated the Council has tried to come up with a compatible
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996
PAGE 13
way of having pylon signs in lieu of big billblaard signs. Councilmember Wachter said that other restaurants
have to accept having small signs andit:ij�ould not be fair to allow this business to have a larger sign.
Mayor Egan noted that the Council had:approved the co -location for Greenmill and Holiday Inn Express.
Freese indicated the signage was within-the:.126-fgot..requirement.
Councilmember Awada mentioned'tQ every'business that builds along the freeway requests larger
signage. She said that what is done forme business needs to be done for all businesses. She further
said it would not be fair to approve the larger signage for this business and the 125 foot maximum for the
signs should be adhered to. Councilmember Hunter asked if the applicant would like the Council to rule
on what he had applied for or if he would prefer the Council approve one 35 foot sign up to 125 square
feet. Mr. Dubbs stated he would prefer to work with staff and come to a resolution. He further stated he
would like to have some signage in excess of 63 square feet for the restaurant sign to allow for visibility
from the freeway. Councilmember AwaU:reiteratR :the importance of treating every business the same.
Councilmember Hunter moved, C4:: ncilmemft'. rAwada seconded a motion to approve a Preliminary
Subdivision (Duckwood Bluff Second AdA6) to r Lot 1, Block 1, Duckwood Bluff into two lots, subject
to the conditions listed in the October 22:•9g6;:Advtsasy.?Ianning Commission minutes as follows:
Standard Conditions
1`. The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 3, 1993: B1, B2, B4, C1, C2, D1, E1, and H1.
Easements/Rights of Way/Permits
1. Cross easements for In'
ensure that internal cir6U' fkiol
2. The property shall be platted.
Aye: 5 Nay: 0
between Lots 1 and 2 shall be executed to
two lots its maintained.
Mayor Egan stated that the Council could accept the recommendation of the Planning Commission
to deny the request for the pylon signs and Mr. Dubbs could continue to work with staff to reach a solution.
He did not feel that voting to deny the request.would preclude the applicant from coming back with another
proposal in the foreseeable future.
Councilmember Awada movec#;••..±Cbuncilmetxiber Wachter seconded a motion to deny a Planned
Development Amendment to allow two.35_ foot pylon.signs.
Councilmember Masin asked H►1iyit:i:?;:a restaurant to have its own sign as long
as it is visible from the freeway. Mr. Dt'b6iiiiii ii6id 'lie4ii nt portion of the site has poor visibility from
the freeway and they would like to have a freeway presence. Mr. Dubbs asked if it would be possible to
continue this item. Mayor Egan said that he is grateful that the applicant has been working hard to bring
in a restaurant, but the City has rules that must be followed.
Councilmember Awada and Counc'ft*r 11Waoter amended their earlier motion to continue this
item to the December 4, 1996 City Cour3l:seefing:'''i4ye.':;5. Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996
PAGE 14
CODE AMENDMENT, CHAPTER 2 ENTITLED "ISSUANCE OF CITATIONS"
SUBDIVISION 2 SECTION 2.38
Councilmember Hunter moved,;::CC;I++?ciierter:.;Aw;ada seconded a motion to approve an
amendment to the Eagan City Code C € .: L 1j 1 pr itVatic+n & General Government' by amending
Section 2.38, Subd. C, "Issuance of Citati0ns'r• Aye:''5''Nay: 0
Councilmember Wachter asked if the Council was going to recommend any changes to the
legislative policies of the AMM. He noted that many of things being proposed depends on the financing.
Councilmember Awada said that she hps. never supported the majority of the AMM's legislative policies.
Councilmember Wachter discussed the::.ftcal dispgoties. He stated the City of Eagan should express
themselves as to what they feel is condi 'ii a to th60ty. Mayor Egan added that the AMM is cooperative
with Dakota County cities. He further added there:tij3s been very few changes to the program this year.
.�
City Administrator Hedges mentioned the Special City Council meetings that are scheduled for
November 7 and 21. He said that there only needs to be a majority of the Council at the Special Council
meeting on November 25 to approve the bond sales. He noted that 1,100 absentee ballots have been
received through today. He commended Liz Witt, Gene VanOverbeke and all the other personnel who
have worked hard on the election to date. He stated an. absentee ballot location was set up in the
Community Room at City Hall and has been very well Fetei�iestl;
Councilmember Wachter said he':aa d,'to*the president of Byerly's who said he enjoyed working
with staff and the City of Eagan. He stated ,he, had rec�iVed a letter from Rick and Kris Johnson saying
they are not in favor of another ice arena:'kiit:: 4*mming pool would be a better addition to the City of
Eagan. Mayor Egan said he had signed a lette�*io":�:se�ti:tQ;the Johnsons telling them the City would be
looking at all the options. Councilmember Wachter gave*.'C3irei�br of Public Works Colbert articles on light
fixtures and an ice melter. He said that he would not be able'fo attend the Special City Council meeting
on November 7 due to another conflict.
Mayor Egan thanked everyone for the card and flowers that were sent to his father-in-law's funeral.
Councilmember Masin stated that::thibi kota;Ctx ity: eague of Governments will be meeting on
November 13 at 7:00 p.m. at Lakeville;:Cky'Helf: SM,*g' id't.he meeting will be regarding taxes. She
mentioned the "Cake and Candidates"*iient at AO"fes on Saturday. She also mentioned that she had
attended the Minnesota Transit Confereppe last
Councilmember Hunter told Mji#;£ge';'at;:fh'ttl::was rang at the beginning of the Council
meeting in honor of his father-in-law.
Councilmember Wachter had
Hedges stated he would get back to I
Councilmember Wachter moved;;: yor Egan seg
dated November 1, 1996 in the amountof $2,424,965.61.
1, 4, 10 and 19 of the bills. City Administrator
hter with answers to his questions.
a motion to approve the check register
5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 4, 1996
PAGE 15
The meeting adjourned at 10:250-A.
Date
City Clerk
MLK
If you need these minutes in an altema such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Roc*�:E-a 55122, (612) 681-4600, (TDD phone: (612) 454-
8535).
The City of Eagan is committed to the pqJi9y..1h-at.4.per;�p!jq.have equal access to its programs, services,
activities, facilities and employment vviiw*t,..,..*i.'*.�Pt.d:li�l:
:-hR0L-,.:01or, creed, religion, national origin, sex,
...... . ...
.. .. ... "'t"
disability, age, sexual orientation, marital 'sWdi-&* : i6gard to public assistance.
Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
ICONSENT 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.
Item 1. Undergraduate Intern/Parks & Recreation
ACTION TO BE CONSIDERED:
None.
FACTS:
For the Council's information, the Parks & Recreation Department will be hosting an undergraduate
cfiident frnm Winnna QtatA T Tnivareity for hisrequired internship. The student if Benjamin DUV1Ck.
employee, no Council action is required.
19
Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
1) To declare parcel 10-22451-042-01 as having public purpose and to request acquisition of that pi
2) To declare the following parcels as non -conservation land:
10-33050-071-01
10-33050-083-01
10-65903-021-00
10-65903-031-00
10-77055-010-00
10-77055-011-00
FACTS:
• The City has been notified by Dakota County of seven (7) parcels noticed as tax forfeited for:
payment of taxes.
• Dakota County has requested that the City approve the classification of the property as
conservation land in preparation for sale or, if desired, process the necessary forms to acquire
of the parcels.
• This information has been circulated to all City departments and the following recommendations 1
been made for each parcel:
l) The Dakota County HRA has made a claim at the County for these two parcels as a potential
site for senior housing. County staff has removed them from the potential sale list as of
Friday, November 15, 1996.
3
Parcel
Recommended
to be Acquired
Department
Pose
1.
10-22451-042-01
Yes
Public Works
Drainage & utility easer
2.
10-33050-071-01
No
N/A
N/A
3.
10-33050-083-01
No
N/A
N/A
4.
10-65903-021-00
No
N/A
N/A
5.
10-65903-031-00
No
N/A
N/A
6.
10-77055-010-00 (1)
No
N/A
N/A
7.
10-77055-011-00 (1)
No
N/A
N/A
l) The Dakota County HRA has made a claim at the County for these two parcels as a potential
site for senior housing. County staff has removed them from the potential sale list as of
Friday, November 15, 1996.
3
Parcel sizes as requested by the City Council are noted on the page with the legal description.
ATTACHMENTS:
Parcel listing on pages S through 6P
Parcel location maps on pages _�2_ through
CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED
LANDS AS PROVIDED BY CHAPTER 386, LAWS 1935 AS AMENDED.
To the City Council
of the City of EAGAN
We, the members of the County Board of the County of Dakota, Minnesota,
do hereby certify that the parcels of land hereinafter listed are all of the
lands which have been classified by us as Non conservation lands, from the
list of lands forfeited to the State of Minnesota for non-payment of taxes for
the year or years 1989 & 1991 as provided by Minnesota Statutes 1945, section
282.01 as amended.
SUBDIVISION t
10-22451-042-01 (D
EAGAN METRO CENTER 2ND fl
ADDITION' �/
PT OF LOT 4 ELK 1 WHICH
LIES WITHIN FOLLOWING
DESCRIBED PROP: COM SW COR
LOT 2 ELK 1 EAGAN METRO • ��Q ���
CENTER N OF W LINE SAID LOT
2 385.74 FT TO BEG N 28D
19M 56S E ON SAID W LINE
357.90 FT S 71D 24M E TO
INT LINE DRAWN N 28D 31M E
FROM BEG S 281) 31M E FROM
BEG S 28D 31M W ALONG
SAID LINE TO BEG
4 1
10-33050-071-01
HILLTOP OF EAGANA
7 1
10-33050-083-01
HILLTOP OF EAGAN
✓� ' , �� S
PT OF LOT 8 ELK 1 LYING N
OF LINE COM SW COR N ON W
LINE236.43 FT TO BEG OF
71v�C,tA MA 900% jK
LINE (BEING PT A) N 81D17M
07S E 273.88 FT N 47D18M24S
E 52.71 FT S 89DIOM55S E
330.14 FT TO E LINE & THERE
TERM EX BEG PT A N 81D17M
7S E 273.88 FT N 47D18M24S
E 52.71 FT N OD21M39S E 107
FT N 89D38M21S W 356.74 FT
TO W LINE S ALONG W LINE
TO BEG EX PT PLATTED BERRY
RIDGE ADDITION
8 1
JOA
SUBDIVISION
10-65903-021-00
ST FRANCIS WOOD 4TH ADD
OUTLOT
B
10-65903-031-00 0
ST FRANCIS WOOD 4TH ADD
OUTLOT
C
10-77055-010-00 Q
TOWN CENTRE 100 6TH ADD
PT OF OUTLOT A IN NW 1/4
SEC 15-27-23
A
10-77055-011-00 0
TOWN CENTRE 100 6TH ADD
PT OF OUTLOT A IN NE 1/4
SEC 15 27 23
A
4
3
5
.n ;, 51 Avots
, i . L( Ac-mr.
-- 1 9. 5 R Cr ..'s
In witness whereof we have hereunto subscribed our names this
day of r.., - 19 . ,�. n ( h
Chairman of the .Board
Attest: County Tr as
The forgoing classification and sale is hereby approved.
By the of the of EAGAN
Dated 19 M %val
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Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve renewals of existing liquor licenses for 1997 subject to complete applications, payment
of fees and Police Department review.
ATTACHMIENTS:
► Staff memorandum on page.
► List of renewing license holders on pages
through lq .
November 1, 1996
TO: CITY ADMINISTRATOR HEDGES
FROM: ADMINISTRATIVE ASSISTANT WITT
RE: 1997 LIQUOR LICENSE RENEWALS
Attached are 1997 liquor license renewals for off -sale liquor, on -
sale liquor, on -sale liquor club, wine, on -sale beer and off -sale
beer.
These renewals should be approved subject to completion of the
appliction process, favorable review by the Eagan Police
Department, and payment of fees.
* State legislature approved five additional on -sale liquor
licenses.
* Three new on -sale liquor licenses were approved: Jensens Supper
Club, Green Mill and Stuart Anderson's Cattle Company.
* Two new off -sale liquor licenses were approved: Byerly's Wines
and Spirits and Cellars Wines and Spirits.
* One new on -sale beer was approved for Broadway Pizza on Cliff
Rd.
* One new off -sale beer was approved for Holiday station #68 on
Diffley Road and Twin Cities Stores was approved for another Oasis
Market in the former Brooks Superette, located on Coachman Rd.
Possible interest in on -sale liquor licenses:
* Pat Boland of Apples Restaurant, is considering an application
for on -sale liquor.
* Outback Steakhouse, Melody Ranch Steakhouse and Don Pablos have
requested and received on -sale applications, but have not made
formal application as of Nov. 1.
Gene sent a memo dated October 18,1996, requesting direction
regarding code language and allocation of on -sale liquor licenses.
I 3
L
0
Applebaum Companies,
Big Top Liquor
3900 Beau d'Rue Dr-ive
Eagan, MN 55122
Inc
Sidco, Inc.
Big Top Wines & Spirits
1282 Town Centre Drive
Eagan, MN 55123
Blackhawk Liquors, Inc.
Blackhawk Liquor
4130 Blackhawk Rd ##100
Eagan, HN 55122
Byerly's Beverages, Inc.
Byerly's Wines & Spirits
1299 Promenade Place
Eagan, MN 55121
Cellars Wines & Spirits of Eagan, Inc.
Cellars Wines & Spirits
2113 Cliff Road
t____ vv conn
Perrier & Associates, Inc.
Great Northern Spirits
1960 Cliff -Lake Road #101
Eagan, MN 55122
MME, Inc.
E & M Liquor
1444 Yankee Doodle Road
Eagan, MN 55122
Liquor Shoppe, Inc. of Eagan
Liquor Shoppe of Eagan
4250 Lexington Ave. South
Eagan, MN 55123
MGM Warehouse
4182 Pilot Knob Road
Eagan, MN 55122
United Penn
Silver Bell
1989 Silver
Eagan, MN
1997 RENEWAL
ON -SALE LIQUOR CLUB
Spur, Inc.
Lost Spur CoAuntry Club
2750 Sibley Memorial Hwy.
Eagan, MN 55121
4
Lake, Inc.
Liquor
Bell Road
55122
Al Bakers
Al Baker
3434 Washington
Eagan, MN 55122
1997 RENEWALS
ON -SALE LIQUOR
Cuz, Inc.
LaFonda de los lobos
Drive 3665 Sibley Memorial
Eagan, MN 55122
Apple America Ltd. Ptnsp of MN
Applebee's Neighborhood Bar & Grill
1335 Town Centre Drive
Eagan, MN 55123
Casper's Cherokee Sirloin Room
of Eagan, Inc.
Cherokee Sirloin Room
4625 Nicols Rd
Eagan, MN 55122
Cedarvale Bowl, Inc.
Cedarvale Lanes/Fitz's Bar & Grill
3883 Beau d'Rue Drive
Eagan, MN 55122
Chili's of Minnesota, Inc.
Chili's Southwest Bar & Grill
3625 Pilot Knob Road
Eagan, MN 55122
Cliff Corporation
J. Doolittles
2140 Cliff Road
Eagan, MN 55122
Nue & Torgerson, L.L.P.
Green Mill Restaurant
1960 Rahncliff Road
Eagan, MN 55122
Eagan Airport Hotel Associates
Holiday Inn
2700 Pilot Knob Road
Eagan, MN 55121
Jensen's Supper Club,
Jensen's Supper Club
3840 Sibley Memorial
Eagan, MN 55122
Highway
Mediterranean Cruise
Mediterranean Cruise Restauri
3945 Sibley Memorial Highway
Eagan, MN 55122
Rock Bottom Restaurants, Inc.
Old Chicago Pizza
1312 Town Centre Drive
Eagan, MN 55123
West Jersey Associates, Inc.
Richards
4185 South Robert Trail
Eagan, MN 55123
Marriott Management Services
River Park
3400 Yankee Drive
Eagan, MN 55122
Hall & Convention Center, Inc
Royal Cliff
2280 Cliff Road
Eagan, MN 55122
Starks I, Inc.
Starks Saloon
3125 Dodd Road
Eagan, MN 55121
ARG Enterprises, Inc.
Stuart Anderson's Cattle Company
1299 Promenade Place
Eagan, MN 55121
Inc. Latt, Inc.
Valley Lounge
Highway 3385 Sibley Memorial Highway
Eagan, MN 55122
Chungs, Inc. Chung Wong, Inc.
Anna Chungs Restaurant Hong Wong Restaurant
1960 Cliff Lake Rd #116 2139 Cliff Road
Eagan, MN 55122 'Eagan, MN 55122
Apples Plus, Inc.
Apples Restaurant
1260 Town Centre Drive
Eagan, MN 55123
Fratelli Tre, Inc.
Carbone's Pizzeria
1665 Yankee Doodle
Eagan, MN 55122
FHF,Inc.
Hunan Garden
1304 Town Centre Drive
Eagan, MN 55123
J & R Group
Italian Pie Shoppe
Rd 1438 Yankee Doodle Rd.
Eagan, MN 55122
Diamond T Ranch, Inc.
Diamond T Ranch
4889 Pilot Knob Road
Eagan, MN 55122
Young T. Lim
Hoban Korean Restaurant
1989 Silver Bell Road
Eagan, MN 55122
Village House II, Inc.
Que Viet
1272 Town Centre Drive
Eagan, MN 55123
Chungs, Inc. **
Anna Chungs
1960 Cliff Lake Rd #116
Eagan, MN 55122
Apples Plus, Inc. **
Apples Restaurant
1260 Town Centre Drive
Eagan, MN 55123
Sports Fanatic, Inc.
Broadway Pizza
2135 Cliff Road
Eagan, MN 35122
Fratelli Tre, Inc.**
Carbone's Pizzeria
1665 Yankee Doodle Rd
Eagan, MN 55122
Carriage Hills Country Club
Ray Rahn
3535 Wescott Hills Dr.
Eagan, MN 55123
Davanni's, Inc.
Davanni's Pizza/Hot Hoagies
1960 Cliff Lake Road
Eagan, MN 55122
Diamond T. Ranch,
Diamond T Ranch
4889 Pilot Knob Rd
Eagan, MN 55122
1997 RENEWALS
ON -SALE BEER
FHF,Inc. **
Hunan Garden
1304 Town Centre Dr.
Eagan, MN 55123
J & R Group **
Italian Pie Shoppe
1438 Yankee Doodle Rd
Eagan, MN 55122
Parkview Golf Club
Don Larsen
1310 Cliff Road
Eagan, MN 55123
Piccolo's
Patricia Boudreau
4162 Pilot Knob Rd
Eagan, MN 55122
Pizza Hut of America, Inc.
Pizza Hut #401025
2130 Cliff Road
Eagan, MN 55122
Pizza Hut of America, Inc.
Pizza Hut #401023
1325 Town Centre Dr
Eagan, MN 55123
Inc. * Q Burger t
Nancy Rieser
1428 Yankee Doodle Rd
Eagan, MN 55122
Dragon Palace Restaurant
Lee Fo Len, Owner
1466 Yankee Doodle Rd
Eagan, MN 55122
Young T. Lim
Hoban Korean Restaurant
1989 Silver Bell Rd
Eagan, MN 55122
Chung Wong, Inc. **
Hong Wong Restaurant
2139 Cliff Rd
Eagan, MN 55122
Village House II
Que Viet
1272 Town Centre Dr
Eagan, MN 55123
West End Hunting Club
535 Gun Club Rd
Rosemount, MN 55068
* Also has wine license
** Also has strong beer license
k"'A
0
Cedarvale Texaco
3830 Sibley Memorial Hwy
Eagan, MN 55122
Super Valu Holdings, Inc.
Cub Foods
1940 Cliff Lake Road
Eagan, MN 55122
Crown CoCo, Inc..
Eagan E -Z Stop
4195 Nicols Rd
Eagan, MN 55122
Holiday Stationstore #232
4595 Nicols Rd
Eagan, MN 55122
Holiday Stationstore # 247
3615 Pilot Knob Road
Eagan, MN 55122
Holiday Stationstore #68
1065 Diffley Rd
Eagan, MN 55122
MCC's
1969 Silver Bell Rd
Eagan, MN 55122
PDQ #214
4198 Pilot Knob Rd
Eagan, MN 55122
Fleming Companies, Inc.
Rainbow Foods
1276 Town Centre Dr
Eagan, MN 55123
Superamerica Group
Superamerica #4049
4200 Sibley Memorial Hwy
Eagan, MN 55122
1997 RENEWALS
OFF -SALE BEER
Superamerica #4182
1406 Yankee Doodle Rd
Eagan., MN 55122
Superamerica # 4464
2250 Cliff Road
Eagan, MN 55122
Superamerica # 4335
1379 Town Centre Dr
Eagan, MN 55123
Tom Thumb #273
1815 Diffley Rd
Eagan, MN 55122
Tom Thumb #166
1446 Yankee Doodle Rd
Eagan, MN 55122
Total
2000 Rahncliff
Eagan, MN 55122
Twin Cities Stores, Inc.
Oasis Market
3390 Coachman Rd
Eagan, MN 55121
Oasis Market #594
1286 Lone Oak Road
Eagan, MN 55121
Oasis Market #576
3150 Dodd Road
Eagan, MN 55121
Oasis Market # 590
4250 Lexington Ave.
Eagan, MN 55123
Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve construction and demolition debris hauler licenses through the end of 1997 for Ben's
Roll -Off Service, Lloyd's Construction Services and Mendota Heights Rubbish Service as presented.
M 2F:I4043
► In response to the Council's recent action requiring the licensing of construction and demolition
debris haulers, the City continues to receive applications from service providers.
► Due to the short time remaining in the year, licenses approved by the Council will cover the
remainder of 1996 and the 1997 calendar year.
ATTACHMENTS:
► Applications enclosed without page number.
Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve a tobacco license for Byerly's Wines & Spirits at 1299 Promenade Place as presented.
FACTS:
The Council has previously approved a tobacco license for the Byerly's store at the Promenade.
As the Council is aware, one of the features of the store is the location of a number of businesses
within the building to provide food and beverage alternatives for Byerly's shoppers. Because
Byerly's Wines & Spirits operates as a separate business in this format, it is appropriate for it to
hold a license separate from the grocery store.
ATTACHMENTS:
► Application enclosed without page number.
III
Agenda Information Memo
November 19, 1996
F. CONTRACT 96-01, EAGANDALE CORPORATE CENTER
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 2 to Contract
96-01 (Eagandale Corporate Center Addition - Storm Sewer) and authorize the Mayor and City Clerk
to execute all related documents.
FACTS:
On October 15, 1996, the City Council awarded Contract 96-01 for the installation of streets and
utilities to the Eagandale Corporate Center Addition.
During construction, the downstream storm sewer lead at Lexington Avenue did not extend
beyond the roadway as indicted by earlier record asbuilt plans. Subsequently, alternatives
involving construction within the County road travel lanes for auguring ("jacking") to the
downstream connection manhole were investigated. The jacking method was determined to be
the most economical.
Unit prices were negotiated with the contractor and a change order was implemented and is now
being presented to the Council for formal approval. This change order results in an addition of
$911 to the overall modified contract of $1,056,938.01. All costs associated with this change
order will be responsibility of the City's Trunk Storm Sewer Fund.
Agenda Information Item
November 19, 1996 Eagan City Council Meeting
G. Final Subdivision - Tan Mc Industrial Park
ACTION TO BE CONSIDERED:
01 To approve a Final Subdivision of 3 lots on 6.70 acres for Tan Me Industrial Park located
on Lot 7, Block 1, Sibley Terminal Industrial .Park west of Terminal Drive in the SE 1/4
of Section 8,
FACTS:
0. Final plans, development contracts and financial guarantees are in order.
ATTACHMENTS: (1)
Plat Map - pagen .
*0l
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Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
Information on this item will be forwarded with the Additional Information packet on Monday.
a�
Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve a recommendation by the Airport Relations Commission for comments to be submitted
to the Metropolitan Council concerning the Aviation Development Guide Amendment as presented.
FACTS:
► The Metropolitan Council is in the process of updating a number of systems plans, including that
for aviation following the Legislature's decision to expand Minneapolis St. Paul International
Airport at its current site.
The amendment retains many of the policies traditionally applied within the airport, but makes
allowances for current levels and patterns of operations and anticipated operations with the
addition of a north south runway.
► At its workshop meeting this fall, the City Council and Airport Relations Commission discussed
the need to maintain land use controls and apply them to a sufficiently large area around the airport
to minimize noise sensitive land use development. Those sentiments were shared with the
Metropolitan Council in its development of the guide amendment which, as a consequence, reflects
the recommendations of the City.
ATTACHMENTS:
► Staff memo on pages a through
a�
MEMO
city of eagan
TO: CITY ADMINISTRATOR HEDGES
FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN
DATE: NOVEMBER 14, 1996
SUBJECT: ARC RECOMMENDATION - METROPOLITAN COUNCIL AVIATION
DEVELOPMENT GUIDE AMENDMENT
At its meeting of November 12, the Airport Relations Commission reviewed the Met
Council's proposed amendment to the Aviation Development Guide and proposed the
following comments to be submitted in its regard:
1. The proposed noise zones are appropriate for application of the existing Guide
policies to give communities the tools to preserve noise compatible land uses in the
general airport area. The addition of an area of the noise zones to account for the
future impacts of the north -south runway will assist cities in guiding new
development and redevelopment in areas to be affected by flights from that runway.
The inclusion of an area one mile beyond the 60DNL contour as part of noise zone
IV is important to account for variations in operations and the ability of cities to
continue to direct the location of land uses likely to be affected by aircraft noise.
2. While the noise zones are based on current operations levels on three sides of the
airport, the noise zone associated with the north -south runway is necessarily a
projection of expected use. Given the continued growth rates dramatically in
excess of the baseline projections used in the airport expansion environmental
reviews, the Council should use the most accurate current data and revised
projections to define the noise zones for the north -south runway.
3. The draft graphics provided for review lacked sufficient detail for a complete review
of affected areas and the City would expect more detailed graphics of the airport
layout and noise zone boundaries within the community for implementation.
4. While the statute specifically directs the removal of references to a new major
airport in the Metropolitan Council's plans, the proposed plan is necessarily
inadequate because it offers no contingencies to meet future airport demand or
anticipate its consequences. Since the design capacity of the proposed expansion
could easily be exceeded in the foreseeable future, responsible planning for the
state and region would address ultimate expansion of the MSP site, alternative
futures, preservation of one or more green field sites.
Q�
If adopted by the Council, these comments will be forwarded to the Metropolitan Council
on November 20.
As ant to the City Administrator
�i
Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
�.. 15 151310 IMN I /N 11'1' Z of WA 1 10 IW 11N]
0 rMN131':1 / 310131a N-Wt1 au
ACTION
ACTION TO BE CONSIDERED:
To approve a recommendation by the Airport Relations Commission for comments to be submitted
to the Metropolitan Airports Commission concerning its 1997-2003 Capital Improvement Program
as presented.
FACTS:
► The Metropolitan Airports Commission submits its seven year capital improvement program to
affected agencies on an annual basis. The City of Eagan has presented comments in the past,
primarily for improvements which will have environmental consequences for the City.
► The Airport Relations Commission has reviewed the CIP and has identified a series of comments
to be considered in this regard.
ATTACHMENTS:
► Staff memorandum on pages z2a through3 .
ITO
—city of eagan MEMO
TO: CITY ADMINISTRATOR HEDGES
FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN
DATE: NOVEMBER 14, 1996
SUBJECT: ARC RECOMMENDATION -METROPOLITAN AIRPORTS COMMISSION
1997-2003 CAPITAL IMPROVEMENTS PROGRAM
At its meeting of November 12, the Airport Relations Commission reviewed the MAC
Capital Improvements Program for 1997-2003 and proposed the following comments to
be submitted in its regard:
The reconstruction of runway 11 R/29L will result in operational changes depending
upon the segment under construction. The MAC as a matter of standard practice
should provide a monthly report to affected communities regarding observed and
anticipated changes in operations or concentrations of operations associated with
all construction projects affecting the use of runways and taxiways.
2. The City reserves the right to make more complete comments regarding Runway
17/35 as a part of the EIS process. At present, it is important to note that the
Noise Mitigation Program adopted by the MAC fails to adequately provide for the
mitigation of impacts in west, central and southern Eagan associated with the
proposed runway. The project should recognize the unique impacts resulting from
the introduction of substantially more operations at substantially lower altitudes than
currently experienced. In addition, since Eagan already receives impacts from a
majority of all operations at the airport, it is essential that operating procedures be
implemented which prohibit the introduction of new operations impacts on the same
City. Distributional equity requires that operations be shared among communities
and not concentrated over one.
3. It was noted that the CIP only makes reference to the addition of the queuing
taxiway for Runway 4/22 in its discussion of the Taxiway C/D complex which would
be necessary if the queuing taxiway is not built. If it is assumed that this has
already been reviewed as a part of the runway extension, no further comments are
necessary. If not, it would have been appropriate to include it for comment as
opposed to the C/D complex.
4. The home insulation program has been extremely well received but is deficient in
two respects. First, it is essential that home insulation assistance be available at
a much greater distance from the airport and at a greater distance than the 2005
60 DNL to be considered credible within the airport affected neighborhoods. in
addition, it is essential that the program be phased out at its boundaries by offering
smaller sound insulation packages at greater distances so that there is no stark
boundary where recipients of the full program are across the street, creek or park
from those who receive no assistance from the program. Such an approach
though removed from the Mitigation Program would substantially improve the
acceptance of the program outside of the eligible areas.
5. The expanded noise mitigation program adds Trinity Lone Oak School to those
eligible for sound insulation. Immediately outside of the eligible area are Pilot Knob
Elementary and the Eagan Montessori School on Lone Oak Road, Tesseract
School on Silver Bell Road and Metcalf Junior High and Cedar Alternative School
on Diffley Road. As operations growth continues to exceed projections, eligibility
areas should be amended. As they are, it is likely that one or more of these
schools will fall into the eligible area as well. As with the comment on the
residential program, a phase out of noise abatement assistance at the boundaries
of the eligible area could provide a lower cost package of assistance which
corresponds with the significant, but lower level, impacts those facilities experience.
In addition to the comments outlined above, the Commission has charged Chair Schlax
with the preparation of draft cover letter language which addresses the lack of sufficient
planning for continued high growth rates, airport expansion beyond the current plans and
the expense of investments at the current site which might be better applied to a long
term solution. Mike's comments will be forwarded to the Council with additional
information next week.
If adopted by the Council, these comments will be forwarded to the MAC on N6vember
20.
D�L=4LZL
Aslant to the City Administrator
Eagan City Council Meeting
November 19, 1996
Consent Agenda
FOR COUNCIL ACTION
To approve final payment to Thor construction and acknowledge completion of
Contract 96-9 for the construction of Blackhawk Park Shelter/Pavilion building.
FACTS
► Thor Construction was awarded the contract for building of the Blackhawk Park
shelter/pavilion in March of 1996.
► The base contract was $262,639; change orders and alternates added
$24,609.12 for a total construction contract of $285,748.12.
► The 1996 CIP for Park Site Acquisition and Development provided for a project
cost of $355,000.
► The septic system and well for the park were done under separate contracts.
► All punch list items have been satisfactorily completed by the contractor and are In
order for final payment.
CONCERNS
The general contractor has to submit state form 1C-134. These forms are expected
shortly and staff will withhold the check for final payment If the forms are not received
prior to the Council meeting.
KV:cm
31
Agenda Information Memo
November 19, 1996 Egan City Council Meeting
L. FINAL PLANNED DEVELOPMENT EAGAN PROMENADE PHASE 2
CLOT S. BLOCK 21
ACTION TO BE CONSIDERED:
To approve a Final Planned Development to allow construction of Eagan Promenade
Phase 2 (east end of the in-line shopping center) consisting of three storefronts on Lot 8,
Block 2, Eagan Promenade.
FACTS:
The City Council approved the Preliminary Planned Development for Eagan Promenade
in December 1995 which called for retail uses in the in-line shopping center.
At their November 4, 1996 meeting, the City Council approved an Amendment to the
Preliminary Planned Development to allow signage for one of the storefronts (Old Navy)
that deviated from the size and materials stipulated in the preliminary building elevations
and written design guidelines.
The plans submitted by Opus are consistent with the approved and amended master plans
for the Preliminary Planned Development.
The Final Planned Development Agreement is signed and in order for executipn at the
regular City Council meeting on November 19, 1996.
ATTACHMENTS:
Site Plan and Building Elevations, pages through A.
T
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:arca E-Le•+LT:oN
Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
M. FINAL PLANNED DEVELOPMENT - EAGAN PROMENADE PHASE 3
(LOT 1, BLOCK 31
ACTION TO BE CONSIDERED:
► To approve a Final Planned Development to allow construction of Eagan Promenade
Phase 3 (The Shoppes at Promenade) consisting of a 25,638 s.f. retail building/restaurant
on Lot 1, Block 3, Eagan Promenade.
FACTS:
► The City Council approved the Preliminary Planned Development for Eagan Promenade
in December 1995 which called for a retail building/restaurant on this lot.
► The plans submitted by Opus are consistent with the approved master plans for the
Preliminary Planned Development.
I.
The Final Planned Development Agreement is signed and in order for execution at the
regular City Council meeting on November 19, 1996.
ATTACHMENTS:
D. Site Plan and Building Elevations, pages through
3 s'
ll
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a
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THE SHOPPES AT PROMENADE .: aim
A9 SA"N. MINNESOTA w •...�... • t
f THE SHC•PPES _ITE PLAN 1. .„# .�_ �_ 0 OPUS, rw”'
c s C) s:E)qG
• THE SHOPPES AT PROMENADE
A3 EA"N. MW
ELEVATIONS / SECTIONS OPUS.
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• THE SHOPPES AT PROMENADE
A3 EA"N. MW
ELEVATIONS / SECTIONS OPUS.
ago
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• THE SHOPPES AT PROMENADE
A3 EA"N. MW
ELEVATIONS / SECTIONS OPUS.
Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To close the public hearing and approve the final assessment roll for delinquent weed cutting,
tree removal and false alarm bills and authorize its certification to Dakota County.
FACTS:
• The City Code allows for collection through certification of weed cutting, tree removal
and false alarm bills which are not paid.
• At the October 15 City Council meeting, a public hearing was set for November 19, 1996.
• The delinquent weed bills include the invoice amount plus a $25 certification fee.
• The delinquent tree removal bills include the invoice amount plus a $25 certification fee.
• The delinquent false alarm bills are $75 per false alarm with a 10% penalty and a $25
certification fee.
• All notices have been published in the legal newspaper and sent to all affected property
owners informing them of this hearing and their proposed assessments.
ATTACHMENTS:
Proposed assessment roll, page YL
WE*
GRAND TOTAL/SA
S/A # PROPERTY ID S/A ASSESSED AMT
ALARMS
10-13520-010-01
$932.50
10-13750-160-02
$272.50
10-14000-011-01
$272.50
10-16901-020-01
$107.50
10-16930-020-01
$107.50
10-16930-030-01
$190.00
10-17780-010-01
$107.50
10-22405-010-01
$850.00
10-22500-141-07
$107.50
10-22502-141-03
$190.00
10-22530-010-03
$107.50
10-24880-100-03
$107.50
10-26900-020-01
$190.00
10-39901-010-01
$520.00
10-47285-010-01
$107.50
10-53320-072-00
$190.00
10-56723-020-01
$107.50
10-75865-010-02
$190.00
ALARMS
10-77026-020-01
$107.50
10-77031-010-01
$272.50
10-82020-030-01
$190.00
10-83850-200-02
$190.00
*>
$5,417.50*
$5,417.50*
GRAND
TOTAL/SA
S/A #
PROPERTY ID
S/A ASSESSED AMT
THERE
10-83300-011-00
----
$434.38 ------
10-84600-020-06
$546.20
>
$980.58*
$980.58*
GRAND TOTAL/SA �,(J , &4
rS/A-#-------PROPERTY-ID S/A ASSESSED AMT
10WEED 10-02100-011-51 ---------------
$124.23----------------------------------
10-21900-400-01 $270.70
10-52101-070-01 $87.53
$482.46*
$482.46*
35
Agenda Information Memo
November 19, 1996
B. PROJECT 701, SOUTH HILLS ADDITION,
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the
final assessment roll for Project 701 (S. Hills Addition - Street Rehabilitation) and authorize its
certification to Dakota County.
FACTS:
On October 15, 1996, the final assessment roll for the above -referenced project was presented
to the City Council and a public hearing was scheduled for November 19.
All notices have been published in the legal newspaper and sent to all affected property owners
informing them of this public hearing. In addition, an informational neighborhood meeting to
review the final costs with affected/interested property owners was held on October 24, 1996.
As of this date, staff has not received any objections to the proposed final assessments.
ATTACHMENTS:
Final assessment summary, page q ( .
Minutes from informational neighborhood meeting, page �" Z.
Eb
FINAL ASSESSMENT HEARING
PROJECT NUMBER: 701 ASSESSMENT HEARING DATE: November 19, 1996
SUBDIVISION/AREA: South Hills Addition PUBLIC HEARING DATE: June 6. 1996
IMPROVEMENT INSTALLED AND/OR ASSESSED:
F.R. = Feasibility Report
SANITARY FINAL F.R. STORM FINAL F.R.
SEWER RATES RATES SEWER RATES RATES
❑ Trunk 1 ❑ Trunk
❑ Laterals
❑ Service
❑ Lat. Benefit/Trunk
❑ Laterals
❑ Lat. Benefit/Trunk
WATER
CITY
STREETS
❑ Trunk
$31,339.00 F.R.
❑ Gravel Base
❑ Laterals
$81,314.93
® Surfacing $796.28/Lot $847/Lot
❑ Service
❑ Res. Equivalent
❑ WAC
❑ Multi Equivalent
❑ Lat. Benefit/Trunk
0 C/I Equivalent
❑ Trail
SERVICES
❑ Water & San. Sewer
CONTRACT
NO
96-18
COMMENTS:
ASSESSMENTW6384FAH.ASS/M
STREET LIGHTS
❑ Installation
❑ Energy Charge
# OF INTEREST AMOUNT
CITY
PARCELS TERMS RATE ASSESSED
FINANCED
$31,339.00 F.R.
$88,936.00 F.R.
37 5 years 7% $29.462.36
$81,314.93
41
i --Project 701
South Hills Addition Overlay
SEH Project No. A-EAGAN9605.00
Informational Assessment -Meeting
Thursday, October 24, 1996
6:30 p.m., Council Chambers
Minutes
Attendance: Mike Foertsch, City of Eagan
Ken Meister, SEH
One Resident: Sue Skonnord, 3710 South Hills Drive
I. Questions/Answers
1. Ms. Skonnord stated that she had not attended the informational meeting
nor the public hearing. She was wondering what the project was all about.
Mike Foertsch explained that the existing pavement needed patching and
a bituminous overlay which will extend the life of the pavement. Also
included in the project, was the replacement of damaged curb and gutter.
2. Ms. Skonnord asked why a piece of curb and gutter was replaced in front of
her house. Ken Meister stated that severely cracked, settled or spalled curb
and gutter was replaced.
3. Ms. Skonnord thought that a piece of new curb and gutter had cracked, but
she was not sure. Ken Meister will check this out.
4. Ms. Skonnord asked how the amount of the assessment could be paid off.
Mike Foertsch explained the assessment policy as stated in the Notice of
Special Assessments sent to each property owner.
^ka
Agenda Information Memo
November 19,1996
C. PROJECT 706, WILDERNESS RUN RD
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the
final assessment roll for Project 706 Wilderness Run Road - Street Rehabilitation) and authorize
certification to Dakota County.
FACTS:
On October 15, the final assessment roll was presented to the City Council and a public hearing
was scheduled for November 19. All notices have been published in the legal newspaper and
sent to all affected property owners informing them of this hearing.
On October 22, 1996, an informational neighborhood meeting was scheduled to review the final
costs with all affectecVmterested property owners. However, there was no attendance at that
meeting. As of this date, staff has not received any objections to the proposed final assessments.
ATTACHMENTS:
• Final assessment summary, page �.
• Minutes from informational neighborhood meeting, page
L43
FINAL ASSESSMENT HEARING
PROJECT NUMBER: 706 ASSESSMENT HEARING DATE: mber 19. 1996
SUBDIVISION/AREA: Wilderness Rum Road PUBLIC HEARING DATE: June 4. 1996
IMPROVEMENT INSTALLED AND/OR ASSESSED:
F.R. = Feasibility Report
SANITARY FINAL F.R. STORM FINAL F.R.
SEWER RATES RATES j SEWER RATES RATES
❑ Truk- 1 ❑ Trunk
--� Laterals
❑ Laterals
--� Service
i ❑ Lat. Benefit/Trunk-
enefit/TrumkLat.
Lat.Benefit/Trunk-
WATER
STREETS
Tnmk
i
❑ Gravel Base
-� Laterals
❑ Surfacing
--= Service
® Res. Equivalent $548.22/Lot S890.00/Lot _
i
WAC
® Muni Equivalent 58.77/ff. SI5.32/ff
=—' Lat. Benefit/Trunk
® C/I Equivalent 11.69/ff. S20.43/f_`.
i
❑ Trail
SERVICES ' STREET LIGHTS
Water & San. Sewer ❑ Installation
Energy Charge
CONTRACT
NO
96-18
COMMENTS:
# OF INTEREST AMOUNT CITY
PARCELS TERMS RATE ASSESSED FINANCED
529.033.00 5.4 • 5ol
228"'87.00
12 5 Years 7% 517.372.47 5182.948.88
44
i nteroff ice
M E M O R A N D U M
to: Project 706 File, Wilderness Run Rd
from: Mike Foertsch
subject: Final Assessment Informational Meeting
date: October 22, 1996
On Tuesday,October 22, 1996, at 6:30 pm City staff hosted an informational meeting for the
property owners proposed to be assessed for a portion of the cost for improvements to
Wilderness Run Rd. Ken Meister from SEH was also present.
No one from the public attended the meeting. City staff waited until 7 pm for residents to attend.
q r
Agenda Information Memo
November 19, 1996
D. PROJECT 636R, POPPLER LANE
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the
final assessment roll for Project 636R (Doppler Lane - Streets & Utilities) and defer its certification
without interest until November 1, 2001.
FACTS:
• On June 2, 1992, the City Council received a petition from the developer and authorized
preparation of Feasibility Report No. 636 providing for public improvements as necessary to
serve the proposed Poppler Homestead #2 Addition.
• On August 18, 1992, the public hearing was held and the project subsequently approved.
However, on October 20, 1992, the City Council canceled the project due to the development's
final plat application being continued indefinitely.
• On November 6, 1995, the City Council received a petition to revise and update the previous
public improvement.
• On January 16, 1996, as a result of the public hearing for Project 636R, the City Council
approved the public improvements with the stipulation that the final assessments be deferred for
5 years.
• On April 2, 1996, the City Council approved the final plat and entered into a development
contract with the developer wherein the developer waived objection to the assessments
associated with the public improvement for the 3 newly created lots of Poppler Homestead #2
Addition. Also, in accordance with Council action of March 5, 1991, the City canceled
connection fees for previously unlevied assessments of $7,574, waived the park dedication fee
of $3,150, and waived the water quality dedication requirement of approximately $900 in
consideration of the developer dedicating additional utility easements identified as a result of
the plat application review.
• The public improvement was constructed under Contract 96-05 during the 1996 construction
season and a final assessment roll was presented to the City Council on October 1, 1996. The
final assessment public hearing was scheduled for November 4 and subsequently rescheduled to
November 19.
• All notices have been published in the legal newspaper and sent to all affected property owners
informing them of this public hearing. As of this date, the City has received 1 written objection
from Lot 3, Poppler Homestead (Larry Poppler).
ISSUES:
Although the written objection submitted references 4 other individuals, it does not identify the
affected lots and the written objection was not signed by them.
Over the past several weeks, Mr. Larry Poppler has submitted several letters questioning the
amount of the final assessments and the appropriateness of construction costs to locate existing
ri'r
Item D. (Project 6368, Poppler Lane) Continued --
utility services and overall total engineering costs. The total amount of the final assessment
exceeded, by approximately 6.4%, the estimate contained in the feasibility report. $10,915 of
indirect costs (engineering, interest, legal, etc.) is associated with the effort spent in 1992 going
through the public hearing and competitive bidding process prior to the contract being canceled.
Prepayment of these costs in 1992 would have resulted in this final assessment being less than
the estimate. Representatives of the consulting engineering firm will be in attendance to address
other questions that may pertain to engineering costs.
ATTACHMENTS: �(�Q
• Final assessment summ beet, page TU
• Location map, page .
• Letter of objection, pages —'E�a &
• Consulting engineer's memo, pages 3 - & _ 3
41
FINAL ASSESSMENT HEARING
PROJECT NUMBER: 636R ASSESSMENT HEARING DATE: (Cont To November19 1996)
SUBDIVISION/AREA: Poppler Lane PUBLIC HEARING DATE: January 16 1996
IMPROVEMENT INSTALLED AND/OR ASSESSED:
F.R. = Feasibility Report
SANITARY FINAL F.R.
SEWER RATES RATES
❑ Trunk
❑ Laterals
❑ Service
❑ Lat. Benefit/Trunk
STORM FINAL F.R.
SEWER RATES RATES
❑ Trunk
❑ Laterals
❑ Lat. Benefit/ Trunk
WATER STREETS
❑ Trunk ❑ Gravel Base
❑ Laterals N Surfacing 2 9.515.64II t_ 2$7,947.00/Lot
❑ Service ❑ Res. Equivalent
❑ WAC ❑ Multi Equivalent
❑ Lat. Benefit/ Trunk ❑ C/1 Equivalent
❑ Trail
SERVICES
® Water& San. Sewer '$731.26/L,ot '$2,488.001LA
STREET LIGHTS
❑ Installation
❑ Energy Charge
CONTRACT # OF INTEREST AMOUNT CITY
NO. PARCELS TERMS RATE ASSESSED FINANCED
$83,960.00 F.R. $0.00
96-05 9 7 Years 78/6 589.297.06 $0.00
COMMENTS:
11 The $744.63 reoresmts the cost to_4 eri fv the location of the existing services. The 1488 was the estimated cost to install new service
pairs.
-:'I Approximately $785 of the overrun is caused charges associated with bidding this project 2 times. The balance of the overrun is
associated with hip -her engineerine and inspection costs that are incurred by the Citv when administerine a small improvement oroiect.
Lk,
o+aa
LONE OAK ROAD
ASSESSMENT LEGEND
_ $ 9,515.64 / LOT STREET RECONSTRUCTION
• _ $ 731.26 / LOT SERVICE LOCATION
POPPLER LANE
CITY OF EAGAN PROJECT 636R
8
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LONE OAK ROAD
ASSESSMENT LEGEND
_ $ 9,515.64 / LOT STREET RECONSTRUCTION
• _ $ 731.26 / LOT SERVICE LOCATION
POPPLER LANE
CITY OF EAGAN PROJECT 636R
8
RECE'fVEZONO 13 19,9
Mr. E. VanOverbeke
Eagan City Clerk
Eagan, MN. 55122
Dear Mr. VanOverbeke,
Lqwrence P. Poppler
3030 Poppler Ln.
Eagan, MN. 55121
11-13-96
G o r i POPPc Fn 11 u� �srr-G
I am writing this letter to formally object to the amount of indirect costs built into the
eft �._.._ .
�inanating from city Project No. 636R& Poppler Lane. I wish to bring this
objection' to the attention of all those in attendance at the final assessment hearing on this
city project. It is our family's contention that the amount of indirect and verification costs are
unfairly being passed onto us due to a variety of mistakes made by the city and engineering
firm (Bonestroo,Rosene, Aderlik & Associates) hired by it. Please consider the following
documentable points in fact as an objection rational.
1. The Bonestroo engineering firm that the city used for this project (No. 636R) was the same
firm that provided details for that road and sanitary sewer services on Poppler Homestead,
first addition. If you check your records and the company records, you will find that the
sanitary sewer line was installed hastily, without proper state permits and adequate
easement width at that time.
2. On March 5, 1991, the city council traded certain assessments that Mr. Lawrence G.
Poppler considered very questionable for extra easement widths that the city claimed it
needed for potential repair space (city council meeting, 3/5/91). At that time, the council
was mindful that the first addition was platted in 1962 and that "it is very difficult to
identify payment of costs". In an effort to move this matter forward, Mr. Lawrence G.
Poppler agreed to allow the city easement extensions for release of approximately $6,700
of the city's questionable assessments. You can note two things about this arrangement:
(a) the city's easement extensions were worth 2 to 3 times the value of the assessment
relief, and (b) the whole transfer was necessitated to correct the engineering oversight by
Bonestroo firm in 1962, a firm which is now adding inflated indirect costs to the present
assessment.
A Feasibility Report done by the Bonestroo firm (prepared in 1992 and revised in 1996)
was required to provide the cost estimates for the road improvement. Included in this
report was a certain requirement be met pertaining to the vacant lots along the street.
That firm required that extensions (for sewer/water services) be brought in from the street.
Mr. Poppler steadfastly claimed that the services were installed in 1962 by the very same
engineering firm. At construction time Mr. Poppler identified to the crew the general area
where the services were extended to each lot. These services were located and verified.
Sv
How can the City of Eagan accept professional services from a firm that provides
inaccurate information and advice? Mr. L. G. Poppler appeals that, since the verification
charge was unnecessary and redundant, why should citizens be held accountable for poor
record keeping by this engineering firm?
4. In a larger sense the Assessment Report shows that the indirect cost (city charges)
doubled over the "professionally done" Feasibility Report forecast dated January 16, 1996.
The reason given for the doubling of indirect costs was "delays". We contend that a
feasibility report, by nature, has an embedded control mechanism which should anticipate
potential delays.
In the present turn of events, the lot owners are being asked to subsidize undefined and
hazy delays. To make matters more appalling, it is a point of fact that the 1992 Feasibility
Report was not accepted because it was itself not adequately accurate.
C nsider that the most current 1996 Feasibility Report shows a $16,500 allowance for
indirect casts; compare that to the final Assessment Report showing $33,124.75 allowance
only eight months later. That is, the lot owners are asked to pay an extra 107% OVER
the "current" Feasibility Report or in other words TWICE the original amount.
Engineering firms are widely assumed to provide accuracy and reliability of data; in fact
common sense dictates that engineers, of all people, would be more efficient, not less, the
second time they do something.
In this case, the Bonestroo firm became more inefficient as it progressed given this wild
cost variance and faulty record keeping. Bear in mind that this project is about as simple
as they come for street work; a straight street of approximately 200 yards with no
intersections and with storm sewer drainage engineered to an on-site pond. Do engineering
roiects set anymore straisht-forward than this?
From the amuments, you can conclude that we strongly feel that this property has been
given a history of over -billings and abuse. This behavior has taken a both physical and
financial toll on Mr.& Mrs. Lawrence G. Poppler (now in their mid to late eighties).
Considering the highly compensated yet highly inaccurate Feasibility Report, engineering
blunders, incompetent record keeping and self imposed delays, justice would be partially
served if the indirect costs remain in-line with the 1996 Feasibility Report forecast.
Also, why should someone pay for service verifications due to bad record keeping?
This notice is given by the following property owners: Lawrence G & Aurelia M. Poppler,
Peter P. & Patricia Poppler, Lawrence P. & Susan L. Poppler as a formal notice prior to
the assessment hearing.
'ely,
e P. Poppler
Thomas Hedges, City Administrator
Thomas Colbert, Director of Public Works; Mayor & Council Members
5(
Sonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
MEMO
DATE: October 31. 1996
TO: Mike Foertsch
FROM: Mark Hanson
.•e' - ?m.:'^ ••-•• • [ = r _ _ cvrretr ' �rae!SOr 'E WArr ?
..,;nr•i ' 'A'.,;.,.v izr 'S _ , c• ?ace— = - .z7s'rrtr
_. :t , 'Jc.^-rtt_r N.umar rC ... �:c�0. biN • '.tewon .VI
SUBJECT: Poppler Lane
City Project No. 636R
Our File No. 49542/49527
The engineering effort for the above-mennoned project is separated into two parts (1992 and 1996):
1992
Feasibility Report
PlmVSpecifications
Construction Low Bid
(McNamara Contracting, Inc.)
Total Engineering
X11!'.1
-VJE3111-111
The feasibility report was prepared based on a lump sunn amount of 1,100.00
The plans/specifications for construction bidding were billed on an hourly basis. A summary of the
hours is listed below. The project was bid, however, not constructed.
1996
Sr. Principal: Principal: Project Manager
Registered Engineer: Fieid Supervisor
Senior Drafts-meni'i echn:cian
Word ProcessineXlerical
Update Feasibility Report
Rebid[Update Plans;Specifications
Contract Management
Final Construction
(McNamara Contracting. Inc.)
Total Engineering
10.j hours
30 hours
130 hours
22 hours
Engineering Cost
S1.196.00
5,18500
8.514.00
S56.46a. L5
S11-3-.895.00
2335 West Highway 36 ?aul, ,LIN 5511.3-339S a 512-536-4600
The feasibility report in 1992 was referenced however a new feasibility report was prepared in 1996
including a new lot layout. discussion, updated drawings, updated cost estimate, and assessment roll.
The same process was repeated in 1996 including preparing draft report, reviewing report with
property owners, revisiting same issues (property line disputes, verification of service locations,
roadway width. construction requirements, etc.), prepare final report, and public hearing.
The plans/specifications for construction bidding were billed on an hourly basis. A summary of the
hours is listed below:
Principal/Project Manager 40 hours
Senior Field Supervisor/Draftsperson 36.5 hours
Work Processor/Clerical 7.5 hours
Although the plans/specification existed from 1992, the plans were updated and sent through the
same review process in 1996 as in 1992. In an effort to receive favorable bids, the project was
combined with a similar project for bidding which required organizational effort to combine the two
plans/specifications for bidding. It is unfortunate but a certain effort is required to bid a project
whether it is new or a rebid.
The contract management for construction went relatively smoothly. The only additional effort was
associated with on-going communications with residents.
In all cases we try to minimize our effort to the extent possible without sacrificing quality. In the
case of Poppier Lane (Project 636R) we offer the following comments:
• A certain amount of engineering effort is required regardless if project is 550.000 or
5100,000 in construction.
• Poppler Lane was bid in 1992 but not constructed. The same process was repeated in 1996
which adds to the engineering effort
• Small projects constructed in existing neighborhoods add to the engineering effort in
attempting to keep homeowners informed/updated. The effort will only increase if issues
exist between homeowners or if issues exist between homeowner/City.
• From an engineering standpoint, it could be argued that the engineering effort contributed
to the construction quality for the lowest cost.
5,3
Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
OLID BUSINESS
A AMENDMENT, CITY CODE CHAPTER 7.05, REQUIRING THE REMOVAL OF
SNOW FROM DESIGNATED SIDEWALKS BY ADJACENT PROPERTY OWNERS
ACTION TO BE CONSIDERED:
To approve or deny an amendment of Eagan City Code Chapter 7.05, subdivision 5, concerning the
maintenance of streets and sidewalks requiring the removal of snow on designated sidewalks by
adjacent property owners.
FACTS:
► At its meeting of October 15, the City Council adopted the winter trail maintenance program with
operational policies and directed the preparation of an ordinance amendment requiring the owners
or occupants of property adjacent to designated sidewalks to remove all snow from the sidewalks
within 24 hours of its deposit.
The ordinance amendment also has requirements for noticing owners or occupants who fail to
comply with the requirement and the collection of costs in the event failure to comply requires the
City to remove the snow.
► Snow and ice removal sidewalks are to be designated by resolution of the City Council. In the first
year of the program, specific areas will be identified which will facilitate walkers to and from
schools within the City.
At its meeting of November 4, the City Council reviewed the draft ordinance giving direction to
define a sidewalk as a public concrete walkway adjacent to residential zoned property and
designating two neighborhoods for ordinance implementation which are dominated by front and
sideyard sidewalks. Notification concerning the proposed ordinance and its consideration at
Tuesday's meeting were forwarded to affected property owners and articles appeared in the local
media concerning the matter.
► At the time of packet preparation, the City has received three comments from individuals
concerning the ordinance. One affected resident opposed the requirement, one supported it and
one resident outside the affected area supported the Council's conclusion that property owners
should not be responsible for trails which cross the backyards of their property.
Agenda Information Memo
November 19, 1996 Eagan City Council Meeting
ISSUES:
► The City Attorney's office has provided a definition of sidewalk as a part of the revised ordinance
for consideration by the City Council. The City Attorney's office points out, however, that such
definition may not be necessary since a snow removal sidewalk is designated by Council
resolution.
At the meeting of November 4, the City Council indicated an inclination to remove references to
ice removal from the ordinance and the City contract. The revised ordinance has yet to reflect that
amendment and the City Attorney's office may wish to address this issue further before adoption.
ATTACHMENTS:
► Revised ordinance on pages -5-tP through✓.2.
► Notice letter and map of affected areas notified on pages 5 through �O
► Record of phone message from affected resident on page 6 t .
SS
SENT BY: 11-15-96 ; 9:59 ; SEVERSON SHELMN- 612 681 4612;# 2/ 3
ORD NAKCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, 1ViINNESOTA, AMENDINCr EAGAN
CITY CODE ChIAPTER ENTITLED "STREETS AND SIDEWALKS" BY qMMDrNG
SECTION 7.05, SUBD. 5, REGARDING SNOW & ICE REMOVAL; AND BY
ADMING BY REFERENCE EAGAN CITY CODE CHAPTER 1.
The City Council of the City of Eagan does ordain:
Section 1.. Eapn City Code Chapter 7 is hereby amc nded by dmg* Section 7.05, Subd. 5,
to read as follows:
Sub(. S. Mai Snow in a - Roadway Stmeb or on a Sidewalks.
A. Removal of Snow From Sidewalks
1� Removal of Snow Reatr Md. The owner or occumt of any
property adiacent to a unblic sidewalk, which is expressl��desigaated as a snow
removal sidewalk by resoWon of the Council, shall remove all snow f nm such
sidewalk within twe four 2 h
uty- 4 ,.+�.,� ours after its thereon. Am upon such
designated sidewalk whicb is not removed as mscribed herein siia�constit de a.
public nuisance.
(2) CityMay. Order Work Dolle. If any fawner or occupant fails
Q fumove snow as regtured under ft subdivision, and after notice given h the Cib,
has not within twelve (12) hours mm -plied with
th this subdivision the City may -Dmforrn
such wrnrt- ftiU accurate account of the costs thereof for each lot piece or par�ei
the desimiated sidewalk. The owner or omumt shat be 2qsoneUv_hable and
shall pay the costs within g4gej (30) days of maili ng of invoice by the City.
3 Assessment When Rament is not remitted as regtared
Ne—rein, the City Clerk -Treasurer mar, at the next meeting,resent such information t1D
the City C;ounciI. The Qb Council We ppprove all or a poriion of ray snow �al
costs as herein prQ)dftd as LZIggial assessment against the abultigg roperiy and such
special assessments shall, at the time of +celtifyk taxes to the Cacmiy Auditor, be
certified for collection as other gMial asag 5metze certified and collected cummt
to Mirmesota Striates Section 429.101.
Lm
R=94% 612 432 3780 11-15-96 10:15AM P002 #34
SENT BY:
11-15-96 ; 9:59 ; SEVERSON SHELDON- 612 681 4612;# 3/ 3
(4) Definition of Sidewalk. For =Dos" of this PM.E.DIL tk
tens sidewalk Ad] m= aU public concrete W—A&M ad'acent to a residential
A-. B. Placement of Snow or Ice Within Street &-of- a
emes�eeN� person, Hot unless acting raider a specific contract with the
City or withM special permission from the City, to evehhaaU pl Snow or ice
in any travel portion of gW street right-of-
way.
ightof-
way.
i 'an. An "P—]an—on ofthis Subdi ' ion shall be a e
misdemeanor offense.
Section 2. Eagan City Code Chapter I entitled "General Provisions and Def nit ons
Applicable to the Entire City Code lnoluding 'Penalty for Violation"' are hereby adopted in
their entirety by reference as though repeated verbatim.
Section 3. Effective Date. This mdinance shall take effect upon its adoption and publication
according to law.
ATTEST:
By: E. I VsnOverbeke
Its: Clerk
Date Ordinance Adopted:
CI'T'Y OF EAGAN
City Council
By: Tbomas A. Egan
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
R-94% 612 432 3780 11-15-96 10:15AM P003 #37
dtV OF czagan
November 8, 1996
Dear Resident,
THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Administrator
E. J. VAN OVERBEKE
City Clerk
At its meeting of November 19, the Eagan City Council will consider an ordinance which would
set up a pilot program to remove snow from sidewalks in areas where the school district expects
children to walk to school. As noted on the enclosed map, your home is within one of the areas
where this program would apply.
In these areas, the school district will remove snow from trails on its property, the City will be
responsible for trails on public property and homeowners will be responsible for removing snow
from sidewalks along their own property. While this is common in many communities, it will
be a change in the City of Eagan and we would appreciate your input into the process. If the
ordinance is approved, we also look forward to your cooperation in making it work.
The City is considering this program to enhance the safety of pedestrians, especially school
children, who otherwise walk in the street in these areas. The recent community survey indicated
that there is community support for this activity, but that there is concern that it not add
substantially to City costs. Having the owner take responsibility for the snow removal on their
property minimizes the public costs necessary to have a cleared walkway system.
If you wish to attend the City Council meeting to follow this issue, it will be on Tuesday
evening, November 19 beginning at 6:30 p.m. in the City Hall Council Chambers at 3830 Pilot
Knob Road. Following the meeting, we will send you another letter to update you on the
Council's action.
If you have any questions in the meantime, please contact my assistant, Jon Hohenstein at 681-
4600.
Sincerely'
Thomas L. Hedges
City Administrator
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (612) 681-4600
FAX: (612) 681-4612
TDD: (612) 454-8535
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/ t e Action Employer
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681-4300
FAX: (612) 681-4360
TDD: (612) 454-8535
�. Nnvmrihp-r 1 1
aty of EAv- C --maty DvvWopm t D" b. eet
Designated Snow Re m)val Sidewalk
0 Properties Affected by Ordinance
59
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November 1, 1996
City of Eagan Community Development Department
�] Properties Affected by Ordinance
• ••;' Designated Snow Removal Sidewalk
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Agenda Information Memo
November 19, 1996 City Council Meeting
A. PRELIMINARY SUBDIVISION AND VARIANCE - DAVID PETERS
(ACORN POND)
ACTION TO BE CONSIDERED:
To recommend approval or denial of a Variance from Section 11.21 Shoreland Zoning to
allow lots less than 10 acres in area and 200 feet in width within the shoreland zone of
Holland Lake, subject to the conditions in the APC minutes.
► To recommend approval or denial of a Preliminary Subdivision (Acorn Pond) consisting
of three lots on 5.15 acres of property at 955 Cliff Road in the SE 1/4 of Section 26,
subject to the conditions in the APC minutes.
FACTS:
► The proposed Acorn Pond subdivision consists of three lots ranging in size from 1.10
acres to 2.05 acres. Lot widths range from 85 feet (minimum required for R-1 zoning)
to 170 feet.
All lots can accommodate development consistent with the Zoning Code requirements for
R-1 district setbacks and lot coverage.
The site contains an existing pond (LP -36) that is a landlocked storm water basin with no
potential for gravity outlet. In the past it has functioned adequately for flood control and
will not require any modifications to accommodate the proposed development, Runoff
from the site will be mostly contained on-site, therefore, staff is not recommending any
water quality mitigation.
There is no sanitary sewer or water main available for connection by this development
and no extensions to provide services are planned in the near future. The applicant is
proposing to serve the lots via septic and well systems. According to the applicant,
percolation tests conducted on the lots indicate that the soil conditions are suitable for
septic systems and that there is adequate space for a backup drain field on each lot.
► Access to Lots 1 and 2 will be provided via the existing driveway to the property.
Access to Lot 3 will be provided through an existing driveway for the adjoining property
to the west. Private ingress/egress easements will be required for these driveways.
► Most of proposed Lots 2 and 3 are within the shoreland zone (1000 feet from OHWL)
of Holland Lake. As such they are subject to the regulations in the City's Shoreland
Zoning Ordinance which require a minimum 10 -acre lot size and 200 foot width in
unsewered areas.
CPQ
None of the lots meet the requirements of the Shoreland Zoning Ordinance. However,
staff believes that these large area requirements are excessive in an urban type setting.
The DNR uses a minimum lot size of 80,000 s.f. and 200 foot width for this type of
situation. While Lots 1 and 3 exceed 80,000 s.f., none of the lots meet the 200 foot
width requirement. In fact, any subdivision of this property would require a lot width
variance as the existing property is less than 400 feet wide.
► Development on these lots would not be visible from Holland Lake, thus the natural
. shoreland appearance will be maintained. Runoff from the parcel will be mostly
contained on-site and will not affect the quality of Holland Lake.
► The APC conducted a public hearing on these requests at their regular meeting on
October 22, 1996 and recommended approval of the Variance and Preliminary Subdivision
subject to the conditions in the APC minutes.
ISSUES:
► The DNR has reviewed the proposal and stated opposition to the variances. They
indicated that their primary concern is that the lots are large enough to adequately support
septic systems with two suitable drainfields.
► The proposed Lot 2 will contain an existing house and Lot 1 will contain an existing
barn. Because a barn is an accessory structure, it cannot exist on a lot without a primary
structure. Therefore, the barn will need to be removed unless a house is built or the barn
is converted to a residence.
ATTACHMENTS:
P. Staff report, pages through
No. October 22, 1996 APC minutes, pages Lr through_.
Cp/
Page 21
October 22, 1996
ADVISORY PLANNING CONMSSION
PRELIMINARY SUBDIVISION
DAVID K. PETERS
Chairman Miller opened the next public hearing of the evening regarding a
Preliminary Subdivision (Acorn Pond Addition) consisting of 3 lots on 5.15 acres
originally platted as part of Lot 5, Wilderness Retreat, and a Variance to the Shoreland
Ordinance lot area requirement located at 955 Cliff Road in the SE'/4 of Section 26.
Planner Farnham introduced this item. Ms. Farnham highlighted the information
presented in the City staffs planning report dated October 22, 1996. Ms. Farnham noted
the background and history, the existing conditions and the surrounding uses of the
subject property. Ms. Farnham further outlined the City staff s evaluation of the request.
The applicant, David Peters, stated his request for the variance from the 10 -acre
requirement for sites within the 1,000 -foot shoreland zone is justified in that the
requirement may have been inadvertently added .to the Code and that the DNR only
requires 80,000 square foot lots with 200 foot frontage. He stated that the 1,000 -foot
shoreland zone is intended to minimize visual impact and protect water quality, which are
not an issue with his proposal because his property is not visible from Holland Lake and
no runoff would affect Holland Lake. Mr. Peters further requested time to work with the
issue of the removal of the barn on Lot 1 and remove the condition that it be removed
prior to final plat. He stated that he is not opposed to removing the barn, but he would
need time to either sell it or dismantle it. He stated that he was in a catch-22 because he
could not final plat the property to sell it unless the barn is removed, but if he sells it and
a house is built it would be a permissible accessory use. He stated that he needs two years
to remove the barn, stating that he recognizes the City's concern that if the lot sells the
City would have no control over the barn's use.
In response to Member Segal's inquiry, City Attorney Dougherty stated that once
the final plat is approved, Lot 1 is a buildable lot and thus the City loses control to enter
the property to enforce the removal of the barn. The applicant further requested that the
pond easement requirement be deleted because the pond on the property currently serves
all of the drainage within the site and is not used for any property outside the site and
therefore there is no need for an easement. In response to Chairman Miller's inquiry,
Planner Farnham advised that the drainage and visibility concerns in connection with the
1,000 foot shoreland zone will not be affected by the application.
Member Schindle moved, Member Frank seconded, a motion to recommend
approval of a Variance to the Shoreland Ordinance lot area requirement located at 955
Cliff Road in the SE'/4 of Section 26.
All approved in favor.
��F
Page 22
October 22, 1996
ADVISORY PLANNING CONIIvIISSION
City Attorney Dougherty advised the Commission that to resolve the applicant's
concern with the removal of the barn, the applicant may final plat one lot at a time until
the barn issue is completed. Member Frank noted that while he understands the
applicant's concern about the pond easement obligation, he stated that it is important to
keep the condition in case a problem arises in the future.
Member Heyl moved, Member Segal seconded, a motion to recommend approval
of a Preliminary Subdivision (Acorn Pond Addition) consisting of 3 lots on 5.15 acres
originally platted as part of Lot 5, Wilderness Retreat, subject to the following conditions:
1. Standard Conditions - The applicant shall comply with these standard conditions of
plat approval as adopted by Council on February 3, 1993:
Bl, B2, B3, B4, Cl, DI, El, F1
2. Grading - No grading within 30 feet of the NWL for Pond LP -36 shall be allowed.
3. Easements - The applicant shall prepare a private ingress/egress easement for the
shared driveway access to Lot 1 and 2, and obtain an ingress/egress easement from the
adjacent property owner for access to Lot 3. Both documents shall be reviewed and
approved by the City Attorney's office prior to Council action on the Final
Subdivision. The applicant shall record the private ingress/egress easements with the
plat.
4. The final subdivision for this property shall not be approved until the existing barn on
Lot 1 is removed or a building permit to construct a house on the lot, in conformance
with all City codes, is submitted.
5. Individual lot tree preservation plans will be required for both Lot 1 and Lot 3 at the
time of building permit application.
6. The applicant shall submit a copy of the percolation test and demonstrate adequate
space for two septic drainfields on each lot prior to final subdivision approval.
7. The applicant shall record an agreement with the County Recorder's Office concerning
the existence of financial obligations related to City utilities.
8. The applicant shall plat the property.
All approved in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: October 15, 1996
APPLICANT: David Peters
PROPERTY OWNER: David Peters
CASE: # 26 -PP -18-9-96, #26-V-12-10-96
HEARING DATE: October 22, 1996
PREPARED BY: Julie Farnham
REQUEST: Preliminary Subdivision and Variance
LOCATION: 955 Cliff Road (east of Lexington, north of Lebanon Hills Regional Park)
COMPREHENSIVE PLAN: D -I Residential Single Family (0-3 units per acre)
ZONING: R-1 Single Family
SUMMARY OF REQUEST
The applicant is requesting approval of a Preliminary Subdivision (Acorn Pond) consisting of
three lots on 5.15 acres and a Variance to the Shoreland Ordinance lot area and width
requirements for property at 955 Cliff Road, located north of Lebanon Hills Regional Park in
the SE quarter of Section 26.
AUTHORITY FOR REVIEW
Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning
Commission and the Council shall be guided by criteria, including the following, in approving,
denying or establishing conditions related thereto:"
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage,
and retention are such that the site is suitable for the type of development or use
contemplated.
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
Planning Report - Acorn Pond Preliminary Subdivision
October 22, 1996
Page 2
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with easements
of record or with easements established by judgement of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake
Watershed Management Organization" which document is properly approved and filed
with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein
as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality Management Plan and make the same available to the public.
Variance: City Code Chapter 1.1, Section 11.21 Shoreland Zoning, Subd. 6, C states:
1. No variance may be granted except in accordance with Minnesota Statutes, Chapter 462
and Section 11.40 of the code. A variance shall not circumvent the general purposes and
intent of this Section. No variance may be granted that would allow any use that is
prohibited in the zoning district in which the subject property is located. Conditions may
be imposed in the granting of a variance to ensure compliance and to protect adjacent
properties and the public interest. In considering a variance request, the City Council will
also consider whether the property owner has reasonable use of the land without the
variance, whether the property is used seasonally or year-round, whether the variance is
being requested solely on the basis of economic consideration, and the characteristics of
development on adjacent properties.
2. The City shall hear and decide requests for variances, including variances for sewage
��l
Planning Report - Acorn Pond Preliminary Subdivision
October 22, 1996
Page 3
treatment systems in shoreland district, .in accordance with the Code's provisions
governing zoning variances. When a variance is approved after the Department of Natural
Resources has formally recommended denial in the hearing record, the notification of the
approved variance required therein shall also include the summary of the public
record/testimony and the findings of facts and conclusions which supported the issuance
of the variance.
3. For existing developments, the application for variance shall clearly demonstrate whether
a conforming sewage treatment system is present for the intended use of the property.
All variances granted shall require reconstruction of a nonconforming sewage treatment
system.
BACKGROUND/HISTORY
The subject site is part of property originally platted as Lot 5 Wilderness Retreat which was
approved by the Eagan Town Board in May 1955.
EXISTING CONDITIONS
A house and barn currently exist on the property. The house will remain on proposed Lot 2 and
the bam will be remain on proposed Lot 1. An existing driveway provides access to the house
from Cliff Road. The property is rolling and wooded. A pond (LP -36) exists in the north half
of the property.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Undeveloped; guided D-1; zoned R-1
South - Lebanon Hills Regional Park; guided P; zoned P
East - Large lot single family development; guided D-1; zoned R-1
West - Large lot single family development; guided D-1; zoned A
EVALUATION OF REQUEST
Preliminary Subdivision:
CompatibiliV with SurroundinArea_ - The proposed large lot subdivision should be compatible
with the use and density of surrounding development which consists primarily of large lot
residential development.
Lots - Three lots are proposed ranging in size from 1.10 acres to 2.05 acres. Lot widths range
from 85 feet (minimum required by Code for R-1 district) to 170 feet. The proposed Lot 2
Planning Report - Acorn Pond Preliminary Subdivision
October 22, 1996
Page 4
contains the existing house and Lot 1 contains the existing barn. Since a barn is an accessory
structure, it cannot exist on a lot without a primary structure (house). Therefore, the barn will
need to be removed unless a house is built or the bam is converted to a residence. In addition,
the barn (accessory structure) must be smaller than the primary structure or variances would be
required.
D n i - The density resulting from single family development on these three lots will be less
than the maximum 3 units per acre allowed under R-1 zoning and D -I land use.
tbacks - All lots can accommodate the setbacks required in the Zoning Code. The existing
house and barn exceed setback requirements.
Grading/ Wetlands - No grading is proposed with this subdivision. Grading plans for each lot
will be required at the time of building permit application. A majority of the site slopes
moderately toward the existing pond in the north half of the site.
The only jurisdictional wetland feature on-site is the wetland associated with Pond LP -36. No
filling of this wetland is proposed. Staff recommends that no grading be allowed within 30 feet
of the normal water elevation of Pond LP -36.
Storm Drainage - Pond LP -36 in the northern half of the site is a landlocked Class 7 storm water
basin with no potential for a gravity outlet. In the past, Pond LP -36 has functioned adequately
for flood volume control for the drainage area and will require no modifications with this
proposed development.
Water Quality - This development is located east of Holland Lake on the north side of Cliff
Road. Most of the site drains naturally to Pond LP -36 which is located within the site. This
pond has no outlet, nor is one proposed. As such, runoff from the pond will be almost
completely contained within the parcel now and in the future. Because of the low intensity of
development proposed and the fact that most runoff from the site will be contained within the
site, staff recommends no water quality mitigation requirements.
Utilities - There is currently no sanitary sewer or water main in the near vicinity available for
connection by this development and no extensions to provide services are planned in the near
future. The applicant is proposing to serve the lots via septic and well systems. According to
the applicant, percolation tests conducted on the lots indicate that the soil conditions are suitable
for septic systems and that there is adequate space for two drain fields on each lot.
Access/Street Design - Dakota County has indicated that additional driveways will not be allowed
onto Cliff Road (Dakota County Road 32). The developer is proposing to provide driveway
access to Lot 1 via the existing driveway to Lot 2. Driveway access for Lot 3 is proposed
through the existing driveway for the adjoining property directly west of this parcel. The owner
V(
Planning Report - Acorn Pond Preliminary Subdivision
October 22, 1996
Page 5
of that property has indicated to the applicant that this shared driveway arrangement is
acceptable.
Easements/Rights of Way/Permits - The applicant should prepare a private ingress/egress
easement for the shared driveway access to Lots 1 and 2 and obtain an ingress/egress easement
from the adjoining property owner to the west for Lot 3. These documents must be'submitted
for review and approval by the City Attorney's office prior to Council action on the Final
Subdivision. The developer should record the private ingress/egress easements with the plat.
Tree Preservation - Individual lot tree preservation plans will be required at the time of building
permits application.
Parks and Recreation - A cash dedication for parks and trails will be required for Lots 1 and 3.
Variance: Just over one-third of this site (primarily Lot 3) lies within the shoreland zone (1000'
from OHWL) of Holland Lake, a natural environmental lake, and is therefore subject to
regulation under the City's Shoreland Ordinance regulations in the Zoning Code. In unsewered
areas, such as this one, the City's shoreland zoning requires a minimum 10 -acre lot size and 200
foot lot width. In order for the development to proceed as proposed, the developer must apply
for a variance from these requirements. Variances to the Shoreland regulations are processed
according to the normal variance procedures stipulated in the City Code. In addition, the DNR
must be notified of the variance request and given the opportunity to comment.
Staff believes a variance is appropriate for the following reasons:
a. Department of Community Development staff believe that the 10 -acre, 200 ft.
width requirements may have been inadvertently carried over from an ordinance
adopted by another (rural) local government that was used as a template for
Eagan's ordinance, and their appropriateness has never been scrutinized. This is
probably the first time the City has reviewed a case involving a development in
an unsewered area within the shoreland zone of a natural environmental lake. As
such, staff has not needed to apply these requirements. Staff believes these
requirements are excessive and will consider proposing an amendment to these
requirements sometime in the future.
b. The DNR's model ordinance language uses a minimum lot size of 80,000 s.f. and
200 foot width for this particular situation. Two of the proposed new lots exceed
80,000 s.f. in area. In fact, Lot 3, the only lot totally within the shoreland zone,
will be 87,155.6 s.f. in area. None of the lots meet the 200 ft. lot width
requirement. Any subdivision of this property would require a lot width variance
since the property is less than 400 feet wide.
PIanning Report - Acorn Pond Preliminary Subdivision
October 22, 1996
Page 6
c. None of the residences on this parcel will be visible from Holland Lake because
of topography and distance. Maintaining a natural shoreland appearance is one
of the objectives of the Shoreland Ordinance.
d. As mentioned above, the runoff from the parcel will be contained on-site and will
not affect the quality of Holland Lake.
The DNR has reviewed the proposal and has stated opposition to the variances. In conversations
with DNR staff, they indicated that their primary concern is that the lots are large enough to
adequately support septic systems. They requested that if the City approves this subdivision, that
we ensure that each of the lots can provide two suitable drainfield locations.
MMARY/CONCLUSION
The proposed three lot subdivision should be compatible with other surrounding development.
All of proposed Lot 3 and part of Lot 2 are within the shoreland zone of Holland Lake. As such,
they are subject to the Shoreland Zoning regulations which require a 10 -acre lot area and 200
foot width for unsewered lots. None of the lots meet these requirements. However, Lot 2
exceeds the 80,000 sT minimum area required by the DNR for development with the shoreland
zone of a natural environmental lake. All of the lots meet the area and width requirements for
R-1 zoning. Overall, this subdivision should not have a negative impact on the water quality of
Holland Lake as all runoff will be contained on-site. In addition, development on these lots
should not have any visual impact on the natural character of Holland Lake.
ACTION TO BE CONSIDERED
A. To recommend approval or denial of a Variance from Section 11.21 Shoreland Zoning
to allow lots less than 10 acres in area and 200 feet in width within the shoreland zone
of Holland Lake.
B. To recommend approval or denial of a Preliminary Subdivision (Acorn Pond)
consisting of three lots on 5.15 acres of property at 955 Cliff Road in the SE quadrant
to Section 26, subject to the following conditions:
I. Standard Conditions - The applicant shall comply with these standard conditions of plat
approval as adopted by Council on February 3, 1993:
B1, B2, B3, B4, C1, D1, E1, F1
2. Grading - No grading within 30 feet of the NWL for Pond LP -36 shall be allowed.
9 l
Planning Report - Acorn Pond Preliminary Subdivision
October 22, 1996
Page 7
3. Easements - The applicant shall prepare a private ingress/egress easement for the
shared driveway access to Lot 1 and 2, and obtain an ingress/egress easement from the
adjacent property owner for access to Lot 3. Both documents shall be reviewed and
approved by the City Attorney's office prior to Council action on the Final
Subdivision. The applicant shall record the private ingress/egress easements with the
plat.
4. The final subdivision for this property shall not be approved until the existing barn on
Lot 1 is removed or a building permit to construct a house on the lot, in conformance
with all City codes, is submitted.
S. Individual lot tree preservation plans will be required for both Lot 1 and Lot 3 at the
time of building permit application.
6. The applicant shall submit a copy of the percolation test and demonstrate adequate
space for two septic drainfields on each lot prior to final subdivision approval.
7. The applicant shall record an agreement with the County Recorder's Office concerning
the existence of financial obligations related to City utilities.
FINANCIAL OBLIGATION - Acorn Pond 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 no pending assessments on the parcel proposed for platting.
The estimated financial obligation presented is subject to change based upon areas, dimensions and
land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed for the
property, the following charges are proposed. The charges are computed using the City's existing
fee schedule and the connections proposed to be made to the City's utility system based on the
submitted plans.
Improvement
Use
Rate
Quantity
Amount
Sanitary Sewer Trunk
S.F.
$810/lot
3 lots
$ 2,430 (2)
Water Trunk
S.F.
$845/lot
3 lots
2,535 (2)
Storm Sewer Water
S.F.
.077/sq ft
224,559 sq ft
17,291 1), (3)
Total
522,256
(')Charge will be reduced, provided an easement is granted for the storage of storm water.
(2)Charges will be collected at the time of connection to the City's utility system.
(3)Charge will be collected when outlet to pond is installed. Requires agreement recorded with the
County Recorder's office.
- 3
A.
B.
STANDARD CONDITIONS OF PLAT APPROVAL
Financial Obli ations
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
Easements and Rights -of -Way
I. 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 all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage,
prepared in accordance with
approval.
erosion, and sediment control plan must be
current City standards prior to final plat
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
'l�
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quali Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, Zoning and other ordinances affecting this development shall'
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25 1987
LTS#5
STANDARD.CON
City Council
Se tember 15 1987
Revised: July 10, 1990
Revised: Februa .2 ,1993
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6127727573
SENT BY: DNR; 10-16-96 1:24PM; 6127727573 => 681 4694; #1/1
October 15, 1996
Minnesota Dc partrnelit of Natural Resources
Metro Waters - 12Warner Road, St. Paul, MN 55106-6793
Telephone_ (612) 772-7910 Fax: (612) 772-7977
Ms. Julie Farnham
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122-1897
RE: ACORN POND ADDITION
Dear Ms. Farnham:
Thant: you for submitting a copy of the site plan for the subject development proposal in Eagan. The proposal is fur the
subdivision of Lot 5, Wilderness Retreat, to three lots, and a variance to the minimum lot area. In addition, l believe a
variance from lot width requirement is also necessary.
A portion of the site is located within the shoreland district of Holland Lake, which has a Natural Environment shoreland
classification. Your shoreland ordinance requires a 10 -acre minimum lot site, and 200 foot lot width. The proposed
subdivision would result in three lots, none of which would meet the current lot size, or width requirement for lots within
the. shoreland district.
Minimae state standards for lot site and width for non -riparian lots within the shoreland district of Natural Environment
lakes arc 80,000 square feet and 200 fent, respectfully. Even if the proposal .were modified to create only two lots, the 200
foot lot width wotild still not be possible (assuming the entire parcel is within the shoreland district), because the width of
Lot 5 is 360 feet.
An applicant for variance is required to demonstrate hardship in accordance with Minnesota Statutes, Chapter 394. I trust
that at the upcoming hearing, the Advisory Planning C nimission will consider the hardship issue when taking action on
the variance application.
Because lot size and width standards are not met, the DNR is opposed to the proposed subdivision and varianecs. If,
however, the city chooses to approve the subdivision and variances from lot site and width standards, please ensure each
building site has two suitable drainfield locations. Also, in accordance with your shoreland ordinance, please provide me
with a copy of the city's final decision on this matter.
Thank you for the opportuni4' to review and comment. Ifyou have any questions, please call me at 772-7910.
Sincerely,
Patrick J. Lynch III
Area Hydrologist
DNR 6(W10
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7
Agenda Information Memo
November 19,1996 Eagan City Council Meeting
B. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY
SUBDIVISION - PULTE HOMES (ROLLING OAKS)
ACTION TO BE CONSIDERED:
1. To approve or deny a Preliminary Planned Development to rezone 116 acres from RB
(Roadside Business) and A (Agricultural) to Planned Development to allow a mixed
residential development subject to the conditions listed in the Advisory Planning
Commission minutes of October 22, 1996.
2. To approve or deny a Preliminary Subdivision (Rolling Oaks Addition) that will provide for
490 dwelling units located north of Diffley Road, east of I -35E and south of Deerwood Drive
subject to the conditions listed in the Advisory Planning Commission minutes of October 22,
1996.
MZTGWKT
• Pulte Homes is proposing a life cycle community that includes five residential product lines
providing housing opportunities for people at various stages of life on the 116 acre Bieter-
Franz property which is guided D -II Mixed Residential (0-6 units/acre).
• The site contains significant topography with mature woodlands and a number of wetlands;
however, the southwestern portion of the site is relatively flat and is not wooded, apparently
due to the construction of I -35E.
• Pulte Homes is proposing a 490 unit community that has a mixture of three different types
of townhouse units and two different types of single family units with an overall density of
4.28 units/acre.
• At the July 15, 1996 Advisory Parks, Recreation and Natural Resources Commission
meeting, Pulte Homes proposed a land dedication in lieu of a cash park dedication. The
APRNRC continued the item to its August meeting to give an opportunity for the Parkland
Acquisition Subcommittee to meet with the developer and review the proposed land
dedication. At the August 19, 1996 APRNRC meeting, the Commission recommended a
cash dedication in lieu of land.
• At the September 24, 1996 public hearing held at the Advisory Planning Commission
meeting, the Commission continued the item with direction given to the developer to
determine if there were any possibilities to revise the plans to incorporate a reduction in the
overall site density and secondly, for staff to review and define the street connection to the
school property from Johnny Cake Ridge Road and the need to have Cashell Glen extend
into the site and connect with Johnny Cake Ridge Road from the east.
• At the October 22, 1996 Advisory Planning Commission meeting, the developer presented
revised plans. The net result of the modifications was a reduction in the site density from
502 to 490 units. Although the overall density was reduced by 12 units, the modifications
resulted in a 40 unit reduction of the less expensive townhome units. The revised plans also
incorporated a more direct connection between Johnny Cake Ridge Road and the school
property which was acceptable to the City's engineering staff.
• The unit count and mixture of units of the proposed development requires a mandatory
preparation of an Environmental Assessment Worksheet (EAW) to be reviewed by the
Environmental Quality Board (EQB) and all agencies on the EAW distribution list. The City
cannot give final approval of the planned development and subdivision until the EAW
process has been completed.
• The developer is proposing a two-phase development beginning with the southern half in
1997 and the northern half in 1998, however, the Johnny Cake Ridge Road extension through
the site to Deerwood Drive will occur as part of the first phase of development. The term
proposed for this planned development is five years.
• Although there are no minimum lot width, area, or setback requirements in a Planned
Development zoning district, the developer is proposing a 75' lot width at the- building
setback for 44 of the single family lots. The average lot size for these lots is approximately
17,200 sq. ft. Two of the 78 single family lots are proposed to be less than the R-1 standard
minimum lot size of 12,000 sq. ft. These two lots are 11,400 and 11,772 sq. ft. in size.
The R-3 townhouse zoning district requires a minimum setback for townhomes of 30' from
all front and rear property lines and between buildings. The developer is proposing a 25'
setback between units while maintaining the typical 30' front and rear setback.
• The Advisory Planning Commission conducted a public hearing on these items at its regular
meeting on October 22, 1996 and recommended approval on a 3:2 vote of the Preliminary
Planned Development and Preliminary Subdivision subject to the conditions listed in the
APC minutes.
ISSUES:
• The City received well over 600 petition signatures in opposition to the proposed
development and are on file at City Hall. Issues include density, school capacity, traffic
generation, impact to natural resources on the site, and impact to Blackhawk Lake. Two
additional flyers were distributed with the same concerns (attached).
8�
• Conditions of approval of the Wenzel Addition required removal of the temporary cul-de-
sac and the future extension of Cashell Glen to the east to the future extension of Johnny
Cake Ridge Road in conjunction with development of the subject site. The Advisory
Planning Commission removed conditions requiring that extension as part of their action
on the preliminary subdivision.
• APC nay votes were specifically attributed to density issues in the southwestern corner of
the site.
BACKGROUND/ATTACHMENTS: (5)
October 22, 1996 APC minutes, pages through 7 .
September 24, 1996 APC minutes, pages through o
APC memorandum, pages LQ3through �.
Staff Report, pages throu h
City Engineer Men , pages through�r�—.
Flyers, pages through
M60
Page 2
October 22, 1996
ADVISORY PLANNING CON IISSION
OLD BUSINESS
PRELIMINARY PLANNED DEVELOPMENT &
PRELEVIINARY SUBDIVISION - PULTE HOMES INC.
Chairman Miller opened the first public hearing of the evening regarding a
Preliminary Planned Development that will rezone approximately 116 acres from RB
(Roadside Business) and A (Agricultural) to Planned Development and a Preliminary
Subdivision (Rolling Oaks) for a mixed residential use consisting of 502 dwelling units
located north of Diffley Road, east of I -35E and south of Deerwood Drive in the SWV4 of
Section 21.
Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information
presented in his memorandum to the Advisory Planning Commission dated October 15,
1996. Mr. Ridley noted that this item was before the Commission for a public hearing at
the September 24, 1996, Advisory Planning Commission meeting and was continued with
direction to the applicant to reexamine its plan to determine if the housing density may be
reduced, in addition to direction to staff to review the issue of extending Cashell Glen at
the cul-de-sac which abuts the subject property. Mr. Ridley briefly outlined the
applicant's revised plan.
The applicant's representative, Gary Grant, described the applicant's revision to the
plan since the September 1996 APC meeting noting that the revisions provide 65% green
space and preservation of additional trees on the subject property. Mr. Grant further noted
that the revised plans result in a housing density to 4.28 units per acre, while the adjacent
developments have a housing density of 4.7 units per acre.
Dennis Griswold of Pulte Homes provided a more detailed presentation of the
revisions to the site plan which was presented at the September 1996 APC meeting.
A resident of 486 Deerwood Trail, who stated he was a spokesperson for a number
of the neighborhood groups, expressed opposition to the proposed development
emphasizing that the neighbors were not opposed to development of the site, but to the
density of the proposed development. The resident, citing the Wallace Report, expressed
concern for high density within the City, including townhome development. He stated
that the residents downstream of the development are concerned for the potential
pollution to Blackhawk Lake as a result of the proposed development. He further stated
that the residents are not opposed to the application if it meets the comprehensive guide
plan, the zoning code and other state and local regulations, but submitted that the
proposal does not do so. He stated that pursuant to the criteria set out in City Code
Section 13.20, the proposal is not: (1) suitable due to the topography of the subject site;
Page 3
October 22, 1996
ADVISORY PLANNING CONMISSION
�•�, V7 �. ` VII
v V
(2) suitable to the physical characteristics of the subject site with the proposed 500 units;
(3) without negative impacts to the environment especially due to the potential storm
runoff from the site into the surrounding ponds and lakes; and (4) without risk of health
problems. The resident concluded that the residents along Cashell Glen opposed the
removal of the cul-de-sac and the ultimate extension of Cashell Glen Drive.
A resident of 4123 Cashell Glen Drive presented to the Commission a petition
opposing the extension of Cashell Glen. The resident stated the reasons for opposition
were that the extension of Cashell Glen would increase the traffic and cause congestion
and that the developer did not want to extend the road.
A resident of 2835 Burnside Road stated that she supports the proposed
development noting that she and her husband are at a time in their lives where they no
longer need their large home and can no longer keep up with the required maintenance of
a single-family home. She stated that the City and many of its senior citizens need single -
level housing and it is what she and her husband are looking for. She further stated that
she and her husband have lived in Eagan for many years and that they did not oppose
developments that allowed those in opposition to this proposal to move to Eagan. She
concluded that she does not want to live in a neighborhood with people just her age and
the proposed development would offer residents of various ages.
A resident of 1474 Rocky Lane inquired as to whether the City would be able to
change the density requirements as proposed to which Chairman Miller responded that
the density requirements of the subject site are set by the comprehensive guide plan
which was established in 1975 and the allowable density on the subject site is six units
per acre. The resident further expressed concern about the "Eagan Mafia" gang or gang -
like activity in the City and stated that the proposed development would only promote the
same. A resident at 1622 Murphy Parkway stated that the density across from the
proposed development is 4.7 units per acre but unlike the proposed development the
housing is not in crowded clusters. The resident questioned whether the density
calculations exclude the green space on the subject site to measure the actual density
where the housing units are to be located. A resident of the Sherwood Downs
development on Appaloosa Trail stated that although the developer claims that economics
prohibit anymore reduction of the density, the true economics of the development will
only be answered upon the Commission's decision on how many units will be allowed.
The resident concluded that demographics should run the politics and the politics should
not run the demographics. A resident of 4135 Cashell Drive stated that his opposition is
not to the proposed use but to the proposed density of the development. He stated that a
12 -unit building is just too great for that area. A resident of 1426 Kingswood concurred
that the issue is the high density.
I�
1
Page 4
October 22, 1996
ADVISORY PLANNING CONMSSION
Chairman Miller closed the public hearing and returned the matter to the
Commission for discussion.
In response to Chairman Miller's inquiry; Design Development Engineer John
Gorder stated that the extension of Cashell Glen has been a long-term plan of the City
since the development of the Wenzel Addition with the intent that Cashell Glen will
extend through the subject property for a convenient access for the residents of Wenzel
Addition. Mr. Gorder noted, however, that it is not imperative that Cashell Glen be
extended. Chairman Miller noted that it is the City's policy, however, to connect all its
City roadways to avoid a great number of dead-end streets. Chairman Miller also noted,
in response to one of the residents comments, that density computation is based on total
acres of the parcel and noted that the subject site is guided six acres per unit and the
proposal is 4.28 units per acre. Chairman Miller also responded to a resident's question of
whether the use on the subject site is subject to change as the area develops, that the
comprehensive guide plan is a guide for development within the City and is changed from
time -to -time as things change with time. Chairman Miller noted that the only lower
density or guide designation than that on the subject site is D-1, single-family (0-3 units
per acre).
A resident of 486 Deerwood Trail interjected to ask any member to abstain from
voting on this matter if the member has a conflict of interest.
In response to Member Burdorf s inquiry regarding Condition No. 24 and what if it
is not possible to expand the pond for runoff, Mr. Gorder stated that the Natural
Resources Coordinator, Rich Brasch, advised that a cash dedication will be used to
address water quality down line from the subject site.
A resident of 1478 Murphy Parkway expressed concern of the increase of storm
runoff from the proposed development through her property which she asserts already has
a drainage problem from surrounding developments. John Gorder explained to the
Commission that the cash dedication from the proposed development will be used for
Blackhawk water quality and Senior Planner Ridley added that ample room for an on-site
drainage pond exists within the green -space area that the developer proposed for
parkland. The resident of 486 Deerwood Trail directed the Commission's attention to
Page 10 of the September 24,. 1996, planning report which states "Even with the
expansion of Pond BP -3, modeling indicates that a slight degradation of water quality in
Blackhawk Lake will occur. In response, Member Burdorf stated that any development on
the subject site will have impact, even slight degradation, to Blackhawk Lake. A
unidentified resident asserted that any impact to Blackhawk Lake can be controlled by the
density of the development on the subject site, stating that the greater density, the greater
negative impact.
F?
Page 5
October 22, 1996
ADVISORY PLANNING CONvIIvIISSION
Member Heyl stated that the Commission is also concerned with environmental
impacts of a development, as well as City staff who work to make sure proposed site
plans have the least impact to the environment. Member Heyl stated that storm drainage
and runoff is not handled exclusively by on-site systems. She stated that most storm
drainage and runoff goes off-site through the City's system set up for each development's
storm runoff, including the developments within which those residents who oppose the
proposed development live. Member Heyl also noted that with any land development
there will be degradation of water quality, just as the developments within which the
opposing residents live have increased the degradation of water quality. Member Heyl
.stated that the City and residents must recognize that with the increase of City population
comes increased pollution and the City works to maintain the water quality of its lakes
and ponds. Member Heyl stated that while residents frequently demand preservation of
green space and trees while at the same time oppose clustering of housing which will
preserve green space and trees, she stated that the City cannot have it both ways. Member
Heyl noted that the applicant submitted revised plans which reduce the density of the
project in response to the resident's expressed concerns at the September meeting.
Member Heyl further noted that all developments increase transportation in its
surrounding area, but the subject site is guided for the proposed use and the City and
School District have factored the guided density into its traffic and school plans
respectively. She stated that the proposed development is substantially less than permitted
under the comprehensive guide plan. Member Heyl concluded that because
environmental impact and preservation of trees is addressed through the conditions placed
on the proposed development, she supports the proposal. Member Segal stated that while
he would like to see the site left as open space, the City cannot require the, property
owner to maintain the property as open space and thus the property owner has a right to
develop it. Member Segal further stated that the proposed development will not be a sea
of townhomes or a "townhome village" but rather is a mixed residential community with
single-family homes and townhome type housing. Member Segal also stated that because
of the type of development, a homeowner's association will be in place which will assure
upkeep and maintenance of the housing. Member Segal further stated that the proposed
development provides the City with a range of housing for its residents.
Member Segal suggested that three conditions be added which provide that Cashell
Glen Drive be kept as a cul-de-sac, that an on-site pond for drainage and runoff be
required and that the final planned development be reviewed by the Commission before it
goes to City Council for review and approval.
Member Burdorf stated that while the residents' main concern is the density of the
proposed development, he did not consider it to be as great as the residents' perceived it.
He stated that the proposed density is 4.3 units per acre of mixed housing which is much
less than other surrounding development which were approved by the City. Member
Burdorf further stated that there would be greater school enrollment increase with single -
7 E)
Page 6
October 22, 1996
ADVISORY PLANNING COMVHSSION
family housing than with townhome housing units. He further stated that the roadways
and the surrounding schools are expanded to account for development on the site as it is
guided. Member Burdorf concurred with Member Segal that Condition No. 24 be
amended to require the expansion of the pond, deleting the phrase "if possible" and also
deleting Condition No. ' 36 which requires the expansion of the cul-de-sac of Cashell
Glen. Member Burdorf stated that he would support the proposed development with the
amended condition. in response to Member Burdorfs inquiry, Senior Planner Ridley
stated that the Deerwood townhome development to the north of the subject site is 4.7
acres per unit and the Wenzel townhome development to the east of the subject site is
4.77 acres per unit.
Member Schindle stated that the density is a concern to him but noted that the
developer has revised the plans to address that issue. He further stated that water quality
is also a concern but was addressed by the City in the conditions.
Member Frank noted that the remaining sites in the City to be developed are
remaining because they are tough sites to develop due to their topography and natural
features. He further stated that the City promotes saving and preserving natural features
of a site and to do so on the subject site there is a need to cluster units. Member Frank
stated that he supports the proposed development, but because the company with whom
he is employed sold land to Pulte Home in the past, even though there is no connection
with his company and the proposed development, he will abstain from voting to avoid
any claim of inappropriateness.
Chairman Miller stated that even though the applicant revised the plans to reduce
the density, the density within the southwest comer of the site is still high. Chairman
Miller inquired with the applicant as to whether the density in the southwest corner of the
site could be reduced even more. Gary Grant, the applicant's representative, stated that
the density in the southwest comer is a result of keeping open space, trees, and wetlands
elsewhere on the site. Mr. Grant stated that the applicant took the Commission's
suggestion at the September meeting to reduce the density and applied it in the spirit of
compromise.
The resident of 2835 Burnside stated that she currently lives across from a new
industrial building which she opposed at first but now realizes it is a blessing in disguise
because of its constant upkeep and maintenance of the grounds. The resident of 486
Deerwood Trail again stated. that the residents do not oppose townhouse development but
oppose the density. He stated that while the development could be worse, there is no
reason why it can't be better and inquired as to what the City could do if the developer
does not do that which is shown in its plans. Chairman Miller advised the residents that
the City has zoning enforcement ability and can take legal action to obtain compliance.
Page 7
October 22, 1996
ADVISORY PLANNING CONIIvIISSION
Member Segal moved, Member Burdorf seconded, a motion to recommend
approval of a Preliminary Planned Development that will rezone approximately 116 acres
from RB (Roadside Business) and A (Agricultural) to Planned Development, subject to
the following conditions:
1.
2.
3.
0
5.
R1
7.
8.
The Rolling Oaks Preliminary Planned Development allows for the construction of
490 residential units.
The Rolling Oaks Planned Development shall expire 5 years from the date of City
Council approval.
A Preliminary and Final Planned Development Agreement shall be executed prior to
final subdivision approval. The following exhibits are necessary for this Agreement:
* Site Plan
* Building Elevation Plans (multiple family units)
* Signage Plan
* Landscape Plan
Upon submission of Final plans, provided they are in conformance with the
Preliminary Planned Development, the Final Planned Development shall be reviewed
by the APC and a public hearing before the City Council and then may proceed to the
City Council for approval.
The EAW process must be completed prior to Final Subdivision and Final Planned
Development approval.
Lot widths of 75 feet are allowed for 40 of the single family lots. Specific lots shall be
identified in the Planned Development Agreement.
Two of the single family lots are allowed to range in size from 11,400-11,800 SF.
Specific lots shall be identified in the Planned Development Agreement.
The Planned Development allows 25 foot setbacks between multiple family buildings.
The guest parking should be revised to provide more logical and convenient coverage
for the court and village homes.
a�
Page 8
October 22, 1996 -
ADVISORY PLANNING CONMSSION
9. To promote diversification in appearance of the multiple family portion of the
development, the developer shall create 17 sub -areas that provide different exterior
architecture and colors between each adjoining area.
10. The developer shall construct all of the units with noise attenuation measures in
compliance with State of Minnesota requirements and those of the Federal, Housing
Administration (FHA).
11. All trash and recycling containers shall be stored within individual garages.
12. The property shall be platted.
Member Schindle suggested that the applicant again revise plans to address the density
concerns. Chairman Miller concurred.
All approved in favor except Member Schindle and Chairman Miller opposed and
Member Frank abstained from voting.
Member Segal moved, Member Burdorf seconded, a motion to recommend
approval of a Preliminary Subdivision (Rolling Oaks) for a mixed residential use
consisting of 490 dwelling units located north of Diffley Road, east of I -35E and south of
Deerwood Drive in the SWI/4 of Section 21, subject to the following amended conditions:
Standard Conditions
1. 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, C4, D1, E1, F1, Gl, and H1.
2. The property shall be platted.
Outlots
3. Outlots A and G shall either be assigned to a homeowner's association or eliminated
by extending lot. lines to incorporate the parcels.
Home Owner's Association
4. The developer shall prepare and record with the plat, appropriate documents
establishing a homeowner's association. The documents shall be submitted and
approved by the City Attorney's office prior to Final Subdivision approval. Transfers
of common areas to the homeowner's association shall be recorded with the plat.
2
Page 9
October 22, 1996
ADVISORY PLANNING CONMISSION
Landscgpinn
5. Additional landscape material shall be provided along the south and west property
boundaries, material sizes shall meet Code requirements, and specie types shall be
reviewed with staff.
6. Existing wooded areas shall be preserved for a minimum of fifty feet adjacent and
parallel to the freeway right-of-way and a planting screen, which will provide a visual
screen at time of maturity, consisting of a mixture of overstory and understory
coniferous plant material shall be planted adjacent to the freeway right-of-way.
Gradin etlands
7. The grading plan shall be revised to reflect all driveway grades, including the access
drive to the water reservoir to City standards.
8. The elevation of the proposed street stub for future connection to Blackhawk
Middle/Deerwood Elementary schools shall be approved by ISD 4196 prior to final
plat approval.
9. The grading plan shall be revised to reflect all graded slopes of 3:1 or gentler in all
maintained areas.
10. Detailed plans and specifications shall be submitted with the final grading plan
covering the construction of the proposed retaining walls.
11. The grades for the concrete sidewalk and bituminous trail shall be built to City
standards.
12. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with the City Erosion/Sediment Control Manual Standards.
13. An exemption is granted to authorize filling of up to 2,000 square feet of Wetland
basin BP -3.3.
14. No other wetland draining or filling is allowed.
15. An ungraded buffer of natural vegetation extending at least 30 feet back from the edge
of the four natural wetlands (wetland units associated with Ponds BP -25, BP -25.1, BP -
3.4, and BP -3.3) shall be preserved.
16. Where grading is proposed around the southern tip of Pond BP -3.4 and within Pond
BP -3.3, the area within 30 feet of the wetland boundary shall be re -seeded with native
perennials and left in an un -maintained condition.
Page 10
October 22, 1996
ADVISORY PLANNING CONMESSION
,�V r
V
..j
17. The buffers shall be identified on the grading plan.
Storm Drainage/Water Quality
18. The trunk storm sewer extension from Diffiey Road to Pond BP -35 shall be designed
to accommodate the site's storm water runoff in addition to the existing off-site storm
water runoff.
19. The final grading and storm drainage plan shall reflect an overland drainage route for
Pond BP -25 capable of accommodating flows in excess of a 100 -year storm event.
20. The developer shall restrict the outflow from Pond BP -3 so as not to exceed the design
high water level of Pond BP -33 downstream.
21. Outlet skimmer structures in accordance with the City's standard details shall be
constructed on the outlets from Pond BP -35 and Pond BP -3.
22. The storm drainage plan shall be revised to provide for a storm sewer connection from
Deerwood Reservoir site to Pond BP -3.4 to accommodate potential overflow drainage
from the reservoir.
23. On-site ponding shall be the principle means of meeting water quality mitigation
requirements.
24. Pond BP -3 shall be enlarged and constructed as a two -cell system.
25. The discharge from Pond BP -3.3 shall be routed around Pond BP -3 and discharged
directly to the stub underlying Deerwood Drive.
26. A supplemental cash dedication shall be required to make up for any shortfall in on-
site treatment.
Utilities
27. The utility plan shall be revised to show a 12 -inch trunk water main in a north -south
alignment along Johnny Cake Ridge Road.
28. The sanitary sewer extension along Deerwood Drive shall be constructed so as to
avoid impacting the Cooperative Power overhead electric transmission lines, the
Williams Bros. Pipeline and easement, and provide enough depth over the sanitary
sewer along the slope south from Deerwood Drive.
Page 11
October 22, 1996
ADVISORY PLANNING COMNUSSION
Streets/Access/Circulation
29. Individual driveway turnarounds shall be provided for all driveways taking access onto
Johnny Cake Ridge Road.
30. Berming and landscaping adjacent to Johnny Cake Ridge Road shall be designed so as
to ensure proper sight distances consistent with a 35 MPH design speed.
31. The number of direct driveway accesses onto Johnny Cake Ridge Road shall be
reduced by providing a single shared driveway to each two -building Clubhouse unit
cluster.
32. The developer shall be responsible for all road improvements required by Dakota
County.
33. The northbound approach of Johnny Cake Ridge Road to Deerwood Drive shall
contain two lanes.
34. The northern leg of the Johnny Cake Ridge Road and Diffley Road intersection shall
directly align with the existing southern leg of that intersection. The southbound
portion of this northern leg shall contain a right -turn lane, a through lane and a left -tum
lane.
35. Due to the projected amount of traffic utilizing the street connection to the Blackhawk
Middle/Deerwood Elementary School, a direct alignment of the street. shall be
provided between the school and Johnny Cake Ridge Road.
36. The developer shall realign the Cashell Glen extension so there is no impact to Lot 1,
Block 3, Wenzel 1st Addition
37. All local residential street grades, including Cornwell Circle, shall meet City code
requirements.
38. The Johnny Cake Ridge Road extension in the northeast comer of the development at
Deerwood Drive shall align with the private street of Deerwood Townhomes.
Sufficient right-of-way for this extension at Deerwood Drive shall be obtained from
the exception parcel northeast of the development.
39. All existing street openings constructed off of Diffley Road and Deerwood Drive not
required for this development shall be restored to City standards.
0
Page 12 _
October 22, 1996
ADVISORY PLANNING CONMUSSION
40. A 6 -foot concrete sidewalk and 8 -foot bituminous trail shall be provided along Johnny
Cake Ridge Road from Diffley Road to Deerwood Drive with a minimum of an 8 foot
boulevard between the sidewalk/trail and the roadway curbing.
41. The developer shall provide a sidewalk/trail connection from the east side of the
Johnny Cake Ridge Road extension to the school property.
Easements/Permits/Richt-of-Way,
42. The developer shall dedicate a 20 -foot sidewalk and trail easement to the City for
maintenance of any portion of the proposed sidewalk or trail not built within the
Johnny Cake Ridge Road right-of-way.
43. The developer shall be responsible for vacating the easement acquired for the
Deerwood Reservoir site needed for proposed building prior to Final Subdivision
approval.
44. The developer shall dedicate 75 feet of half right-of-way along the entire length of
Diffley Road.
45. The developer shall dedicate restricted access on the final plat along the entire length
of Diffley Road and Johnny Cake Ridge Road from Diffley Road to Catalpa Court.
46. In order for the Johnny Cake Ridge Road connection at Deerwood Drive to directly
align with the private street connection of Deerwood Townhomes, the developer shall
obtain sufficient right-of-way from the exception parcel northeast of the development.
Tree Preservation
47. 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.
48. The developer shall contact the City Forestry Division at least five days prior to any
site grading occurring to ensure compliance with the approved Tree Preservation Plan.
49. The developer shall raise and redirect the storm water drainage system (which is
proposed to flow from the low area in the north vicinity of the single family
development area to drainage pond BP -3) to a new location running between single
family lots 5 and 6 and between clubhouse lots 25 and 26.
50. A tree preservation performance guarantee is required to be collected prior to the City
releasing the Final Subdivision for recording.
Page 13
October 22, 1996
ADVISORY PLANNING CONMSSION
-1
Parks & Recreation
51. The developer shall provide a cash park and trail dedication prior to the City releasing
the Final Subdivision for recording.
All approved in favor except Member Schindle and Chairman Miller opposed and
Member Frank abstained.
Page 3
September 24. 1996
ADVISORY PLANNING COMMISSION
PRELIMINARY PLANNED DEVELOPMENT & PRELEM NARY
SUBDIVISION - PULTE HOMES, INC.
Chairman Miller opened the next public hearing of the evening regarding a
Preliminary Planned Development that -will rezone approximately 116 acres from RB
(Roadside Business) and A (Agricultural) to Planned Development and a Preliminary
Subdivision (Rolling Oaks) for a mixed residential use consisting of 502 dwelling units
located north of Diffley Road, east of I -35E and south of Deerwood Drive in the SW'/4 of
Section 21.
Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information
presented in the City staffs planning report dated September 11, 1997. Mr. Ridley noted
the background and history, the existing conditions and the surrounding uses of the
subject property. The minutes shall reflect two opposition letters addressed to Mr. Ridley
and presented to the APC from John and Jane Peterson and Bill and Kathy Laramy.
Gary Grant, a representative of the applicant Pulte Homes of Minnesota, briefly
presented the proposal, noting the four proposed housing units, their price range and their
marketing demographics. Mr. Grant noted that with Eden Prairie's recent approval of a
similar plan, the City suggested the creation of individual communities within the mixed
residential development. Mr. Grant stated, therefore, that the Eagan proposal provides
clusters of housing units each having different exterior materials, colors and elevations to
provide a sense of individual communities within the community.
Another representative of Pulte Homes, Dennis Griswold, noted to the
Commission that the subject property is surrounded by active streets, Diffley, Deerwood
and 1-35E and within the surrounding area of the subject property there are several
pockets of different residential uses constituting a mixed use residential area. He stated
that the proposal blends and is consistent with the surrounding area, in particular with the
Wenzel Addition, immediately adjacent to the subject site which also, has mixed
residential uses. He further noted that as a result of the neighborhood meeting, the
applicant has since revised plans to address the neighbors concerns. Further, due to the
Advisory Parks and Recreation Commission refusal to accept a land dedication for park,
the northwest portion of the site will remain open space as well as the north central area
within the single family uses which consist of woodlands. Mr. Griswold further stated
that with the multiple use communities within the plan, they have made the uses
transitional within the plan, noting that the Village Townhomes (less expensive) are
abutting the I -35E right=of--way with the single family moved into the interior and further
away from the interstate. Mr. Griswold further explained the proposed single family cove
setback design and the proposed evergreen and deciduous trees for screening along the
southeast property line to Wenzel property.
Page 9
September 24. 1996
ADVISORY PLANNING CONMISSION
In response to Chairman Miller's inquiry, a large number of the audience members
raised their hands to reflect their opposition to the applicant's proposal.
A resident of the 1600 block of Murphy Parkway stated he was the "informal"
speaker of his block of neighbors. He stated that they object to the proposal because it is
too dense for the site, it will result in neighborhood school crowding and increase traffic
on Deerwood with 502 additional units. He stated that he is not opposed to development
on the site, but opposed to the density proposed by the applicant. He stated that the
residents want less density and less townhome development in Eagan. A resident of
Cashell Glen inquired whether the City will provide a double cul-de-sac with a bike path
at the end of Cashell Glen. The resident further noted that the proposed plan provides too
much density on the site, but noted his liking for the cove setback in the single-family
area. A resident of 1114 Rocky Lane expressed opposition of the proposal due to an
increase in the school enrollment at Deerwood and the potential of resulting in a change
of district lines. A resident of 1413 Kingswood Road noted the City's Wallace Study
results, claiming it reported that the residents do not want townhomes. He further noted
that the School District had a recent referendum in an effort to avoid overcrowding and
the development will simply defeat the referendum purpose. He further stated that
Eagan's recent referendum for money for purchase of open space may be unnecessary if
the City would simply look at how the current vacant land is being developed. He stated
that cramming units onto this single parcel is not consistent with the City's vision for
increased open space within the City. A resident of 1578 Murphy Parkway asked the
APC to consider the results of the Wallace Report. A Kingswood development resident
concurred with the other residents emphasizing support of the school referendum for
keeping classroom sizes down, the development will result in increased traffic. This
resident further stated that the proposed development will "promote transient life styles"
and that the residents are tired of townhome uses. A resident of 4050 Deerwood Trail
inquired as to the safety of any school buses leaving the site onto Deerwood or Diffley.
The public hearing was closed.
In response to Member Miller's inquiry, Gary Grant, the applicant's representative
stated that the issue of reducing the density of the development is not simply a financial
question, but also whether it is possible with the topography of the site. He further noted
that the housing market dictates the most feasible development of the site, noting that
there is a market for singly family homes, but not single family homes along the freeway
and therefore the applicant's proposal includes townhomes along the freeway right-of-
way. Mr. Grant further stated that if the site provides more single family housing, more
trees will need to be cleared. Mr. Grant advised the APC that under the current proposal,
there is 67% green space of the site. Finally, Mr. Grant stated that townhome living is not
"transient" use, noting that townhome living is very marketable for young adults and
couples. In response to Member Heyl's inquiry, Mr. Grant advised that the requested 25-
/oo
Page 10
September 24. 1996
ADVISORY PLANNING COMMISSION
foot setback is a side setback of the townhomes, and all front and back setbacks will be
30 feet. In response to -'Iviember Segal's inquiry, Mr. Grant advised that all living units will
be owner occupied. Mr. Grant further responded that to require the entire building be
25% brick as opposed to just the front, the cost of each unit will increase $400.00.
In response to Member Segal's question, Design Development Engineer John
Gorder advised that the majority of the extension of Johnny Cake Ridge Road through the
subject property will be at the developer's expense and that the cul-de-sac on Cashell
Glen in the Wenzel Addition was always intended as a temporary cul-de-sac and with .the
development it will go through. Mr. Grant noted that with a development as proposed, the
total sale of all units within the proposal will result in a projected total of 150 school -
aged kids in the development which is within the School District's projection for the
development of the subject property. Member Frank noted to the residents that while they
believe that single familv will be better to keep the number of new kids in the school
down, single family will in fact increase the number of kids. Chairman Miller advised
that the proposal is very_ creative and workable site plan and within the comprehensive
guide land designation.
In response to Member Segal's inquiry, Senior Planner Ridley advised that the
Advisory Park and Recreation Commission refused parkland dedication and
recommended cash dedication because Blackhawk and Carnelian Parks will adequately
serve the area even with the new development and the open space, which the developer
proposed as the parkland dedication, would be left open space and undeveloped anyway.
In response to Member Burdorf s inquiry, Senior Planner Lisa Freese advised that 26% of
the City's total land supply is D -H designated, with 14% undeveloped.
Member Heyl concurred with Member Frank stating that the subject site is
designated D -H for mixed use with which the proposal complies. Member Heyl further
stated that the proposal despite the setback variation, allows significant open space and
preservation of trees on the site. Member Heyl further commended the applicant for its
efforts in working with the lands' topography and preserving its assets. Member Heyl
further noted that townhomes do not need a brick requirement to be of quality material
and that the City does not require single family units to have facing. Member Heyl stated
that the City and the School District have considered the development of the subject site
as D -H in planning its school and road developments.
Chairman Miller stated that although the use is within the comprehensive guide
designation, he suggested that the applicant submit a revised plan resulting in somewhat
less density which in turn may be more acceptable to the residents. Mr. Grant advised the
Commission that he is willing to work with staff to address the residents' concerns and to
examine the option of reducing the density on the site before the City Council meeting.
Member Segal stated that the proposal answers Eagan's housing need for good quality and
lir
Page 11
September 24. 1996
ADVISORY PLANNING CONMSSION
affordable townhomes. Chairman Miller again suggested the applicant agree to continue
this item in order that the applicant can revise its plans to -provide a decrease in housing
volume on the subject site. Mr. Grant stated that the proposal before the APC is not the
first draft prepared by the applicant and that the applicant has already decreased and
adjusted its plans to address the neighboring residents concerns. Mr. Grant advised that
the applicant cannot agree to a continuance, but gave his commitment that the applicant
will examine options that may be available to reduce the density on the subject site before
the City Council meeting. Member Frank noted that the staff did an excellent job with the
planning report and that he has not seen a more detailed analysis and approval of the
request requires numerous conditions to which the applicant has no objections.
Member Frank moved, Member Heyl seconded, a motion to recommend approval
of a Preliminary Planned Development that will rezone approximately 116 acres from RB
(Roadside Business) and A (Agricultural) to Planned Development.
A resident of Kingswood development interjected stating that he disagreed with
Member Frank and that the Commission is only rushing through the process instead of
looking for options to better serve the surrounding residents. Chairman Miller again
suggested that the matter be continued. In response to Member Segal's inquiry, City
Attorney Dougherty advised the APC that the 60 -day action period applies to
comprehensive guide amendment applications, provided the City does have the right to
extend (or continue) action for an additional 60 days. Member Burdorf stated that he
concurred with Chairman Miller, urging that this matter be continued to allow the
applicant time to re-examine his proposal and address the density concerns of the
residents.
On Member Frank's motion to recommend approval of the preliminary planned
development, Member Heyl and Member Frank voted in favor, Chairman Miller and
Members Segal and Burdorf opposed.
Member Segal moved, Chairman Miller seconded_ a motion to recommend to
continue the preliminary planned development to the October, 1996 APC meeting.
All approved in favor, except Member Heyl.
Member Segal moved, Chairman Miller seconded, a motion to recommend
continuance to the October, 1996, APC meeting, of the Preliminary Subdivision (Rolling
Oaks) for a mixed residential use consisting of 502 dwelling units located north of Diffley
Road, east of I -35E and south of Deerwood Drive in the SW'/4 of Section 21.
All approved in favor, except Member Heyl opposed.
(oa
MEMO
—city of eagan
TO: Chairman Miller & Advisory Planning Commission Members
FROM: Mike Ridley, Senior Planner •�
DATE: October 15, 1996
SUBJECT: October 22, 1996 APC Meeting - Rolling Oaks
As you recall, the Pulte Homes request was continued at the September 24 Advisory Planning
Commission meeting with direction given to: 1). The developer to review the proposed
development to determine if there were any possibilities to revise the plans to incorporate a
reduction in the overall site density and 2). Staff to review and define the street connection to
the school property from Johnny Cake Ridge Road and the need to have Cashell Glen extend into
the site and connect with Johnny Cake Ridge Road.
The developer has submitted a letter and prepared a revised site plan and City Engineering staff
have prepared a memo regarding the access issues.
1). Attached to this memorandum is a letter from Pulte Homes of Minnesota Corporation that
addresses revisions Pulte is proposing in light of discussion and direction gathered at the
September 24 Planning Commission meeting.
The modifications proposed by Pulte include:
* The removal of forty (40) units (24 village units and 16 courthome units) that are replaced
by sixteen (16) clubhomes along the westerly shore of the southerly pond.
* The addition of twelve (12) clubhome units to the relatively flat area at the northern end
of the site that was originally offered as parkland dedication.
The net result of these modifications is a reduction in site density from 502 units to 490 units.
Although the overall density is reduced by twelve units, the modifications result in a forty unit
reduction of the less expensive units.
X03
2). John Gorder, the City's Design/Development Engineer has prepared a memorandum
(attached) that provides information regarding the public street connection from the site to the
school property and the purpose for the connection of Cashell Glen with the public street system
within the proposed development.
The revised plans submitted by Pulte not only show the modifications in unit counts and
placement but also show a revised street connection to the school site that is acceptable to
Engineering staff.
The original staff report has not been revised to reflect the proposed modifications; however,
depending on the recommendation by the APC and action by Council, all appropriate changes
can be incorporated in the final plan preparation associated with the final subdivision and planned
development agreement.
cc: File
attachments:
Letter from Pulte
Revised site layout
Original site layout
Memo from John Gorder
Pulte Homes of Minnesota Corporation
October 11, 1996
Mr. Michael J. Ridley, Senior Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
Re:Rolling Oaks
Dear Mike:
0 0 7 1 1 ly96
In accordance with the request of the Eagan Planning Commission, we at Pulte Homes of
Minnesota have taken another look at the subject property to determine any possible
modifications, that may address the concerns of the neighbors and commissioners. Gary
Grant and I met again with several neighbors to further discuss their ideas and areas of
interest.
Subsequent to the second neighborhood meeting and after much thought and study, we
have revised the site plan as follows:
1.) Forty (40) units (24 villages and 16 courthomes) have been eleminated and
replaced by sixteen (16) clubhomes along the westerly shore of the
southerly pond. This will reduce the first homebuyer units and replace
them with more expensive clubhome units designed primarily for the older
buyers.
Additionally, twelve (12) clubhomes have been added within the relatively
flat area that was originally designated as park dedication. Since the park
dedication requirement has been recommended to be $430,000 cash rather
than land, it is extremely necessary to use the buildable area of the land
that had been previously designated for park dedication to help in the
feasibility equation.
The total net unit count has been reduced by twelve (12) units from 502 to
490. The unit tabulation before and after the revision is as follows:
Unit Tvoe Previous
Single Family
Plan
78
Clubhomes
104
Courthomes
164
Villages
156
Total 502
NITURMIUM
78
0
132
+28
148
-16
132
-24
490 -12
+i 1355 Mendota Heights Road., Suite 300, Mendota Heights, MN 55120-1112
:':•'" Phone: (612) 452-5200 • Fax: (612) 452-5727 o License #0001371
Mr. Michael J. Ridley
Rolling Oaks
Page 2
Future Exception (5 AC)
Single Family 2 2 0
Clubhomes 19 0 0
Future Grand Total 523 511 -12
Consequently, thegross units/acre density of the community has reduced from 4.38 to
4.28 units/acre.
2.) The northerly two clubhomes buildings along the west side of Johnny
Cake Ridge Road have been shifted to the south to further reduce tree loss.
3.) The "T" intersection of Cornwell Drive and Cashell Glen was reversed
to allow a direct flow for bus traffic from the schools to Johnny Cake_
Ridge Road.
4.) Cashell Glen was considered for remaining as a cul-de-sac within the
Wensel Addition with no connection to Rolling Oaks. The neighbors
expressed interest in not having the connection. Pulte's position is that we
do not need the connection. However, the City staff s position is
that the connection is necessary. Therefore, our plan remains unchanged
in that area with Cashell Glen connecting to Rolling Oaks.
The environmental and economic balance are both very important factors in this
community. We feel Pulte Homes of Minnesota offered a very good plan at the previous
Planning Commission meeting that successfully respected the D -II. mixed use residential
guiding of 0-6 units/acre, stormwater runoff requirements, tree preservation guidelines,
street traffic designs, and overall land use relationship with the existing neighborhoods in
the vicinity.
Mr. Michael I Ridley
Rolling Oaks
Page 3
The resulting revised plan reflects the input of the staff, Commissions, and neighbors and
is truly an excellent plan for the community. Therefore, we encourage your positive
recommendation for approval of Rolling Oaks to be forwarded to the Eagan Planning
Commission and City Council for their consideration.
Thank you for your assistance in this matter. Please do not hesitate to call me if you have
any questions or comments.
Sincerely,
PULTE HOMES OF MINNESOTA
Dennis R. Griswold R.L.A.
Land Project Manager
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city of eagan
MEMO
TO: Chairman Miller
Planning Commission Members
FROM: John Gorder, Design/Development Engineer :T"
DATE: October 4, 1996
RE: Rolling Oaks - Preliminary Subdivision - Street Access to Deerwood
ElementaryBlackhawk Middle Schools, Cashell Glen Extension
THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Administrator
E. J. VAN OVERBEKE
City Clerk
The purpose of this memo is to provide supplemental information regarding the "direct street
connection" condition to Blackhawk Middle/Deerwood Elementary schools and background
on the extension of Cashell Glen into the Rolling Oaks development.
In regards to the condition in the Rolling Oaks staff report that "a direct alignment of the
street shall be provided between the school and Johnny Cake Ridge Road.", staff has
prepared the attached sketches depicting acceptable alternatives for alignment of this street
connection to satisfy this condition and which should taken into consideration.
Also, at the regular meeting of the Planning Commission in September, staff was requested
to provide more information regarding the proposed connection of Cashell Glen in Wenzel
Addition to the public street system within Rolling Oaks. With development of Wenzel
Addition in 1993, Cashell Glen was identified to be extended to connect with the street
system in future development to the west, in this case Rolling Oaks Addition. Circumstances
have not changed since development of Wenzel Addition to alter this planned extension. This
connection will provide a logical link between the Wenzel Addition and the
DeerwoodBlackhawk schools which will reduce the amount of traffic presently required
to take the circuitous route of Diffiey Road to Pilot Knob Road to Deerwood Drive to access
the schools located just north of the Wenzel development. This connection also continues
the City's policy to connect neighborhoods whenever possible to reduce the number of long
"dead-end" cul-de-sacs and to promote safe, logical traffic patterns.
attachment: alignment sketches �. ID
MUNICIPAL CENTER THE LONE MAINTENANCE FACILITY
EAG PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT
AGAN, MINNESOTA 55122.1897 EAGAN, MINNESOTA 55122
PHONE: ) 68 681.4600 PHONE: (612) 681.4300
FAX: (612) 681-4612 Equal Opportunity/Affirmative Action Employer FAX: (612) 681.4360
TDO: (612) 454-8535 TDD: (612) 454.8535
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School Access Alignment
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-22
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 11, 1996 CASE #: 21 -PP -15-7-96
APPLICANT: Pulte Homes of Minnesota HEARING DATE: Sept. 24, 1996
PROPERTY OWNER: Thorson -Cornwell Company PREPARED BY: Mike Ridley
REQUEST: Preliminary Planned Development, Preliminary Subdivision (Rolling Oaks)
LOCATION: Northeast intersection of I -35E and Diffley Road
COMPREHENSIVE PLAN. D -II, Mixed Residential (0-6 units/acre)
ZONING: A, Agricultural and RB, Roadside Business
SUMMARY OF REQUEST
Pulte Homes of Minnesota, Inc. is requesting approval of a Preliminary Planned Development
to allow a mixed residential development consisting of 502 dwelling units and a Preliminary
Subdivision consisting of 218 lots and eight outlots on approximately 116 acres.
According to Pulte Homes they are proposing a "Life Cycle Community" that includes five
residential product lines that provide housing opportunities for people at various stages of life
from the first time home buyer to the empty nester. The product lines include two different types
of single family homes and three types of attached units:
Single Famih! Lots - The development plan includes 34 - 85' wide single family home lots that
average approximately 14,800 SF; 44 - 75' wide lots that average approximately 17,200 SF.
Village Home - A first time home buyer would start with this type of unit as an alternative to
renting. These units offer two-story living above an attached single car garage and includes two
bedrooms and one bath. 156 village units proposed (approx 950 SF).
Court Home - This is unit is similar to the village unit with two-story living but it is a larger
unit with two or three bedrooms available and two baths. Seventy five percent of these units
have two car garage. 164 court units proposed (1,091 - 1,274 SF).
+flub Home - All of these units have two bedrooms on the main floor, a two -car garage and 1-1/2
to 2 full baths. These units provide single -level living. 104 club units proposed (1,168 - 1,428
SF). Eighty percent of the these units will have walk out basements with options for additional
bedrooms, baths, family rooms, and storage. Square footage could increase to 2,300 SF.
Planning Report - Rolling Oaks
September 24, 1996
Page 2
The developer states that this mixture of unit types will provide housing to people at each stage
of life which could potentially result in a young professional starting out and living in this'Pulte
community' through retirement age.
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.
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.
That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
I That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
Planning Report - Rolling Oaks
September 24, 1996
Page 3
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.
Planned Development:
Chapter 11.20, Subd. 8, B., Determination. states: "In considering any petition for such district,
the Planning Commission and the Council in the interests of carrying out the intent and purpose
of this Subdivision, shall determine whether or not such planned development will:
(1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than
does development of the underlying zoning district;
(2) be feasible for the owner and developer economically to complete according to proposed
plans;
(3) benefit the community at large to a greater degree than would development of the
underlying zoning district."
BACKGROUND/HISTORY
Review of the City's historical records show that a portion of the site under consideration was
rezoned from Agricultural to C-2 (Heavy Commercial) in 1968 as part of a rezoning of 60 acres
located primarily in the SE 1/4 of the SE 1/4 of Section 20 from Agricultural to a mix of R-6,
Residential Multiple and C-2; however, this area as well as the entire "Bieter property" had been
designated R -H, Mixed Residential (3-6 units/acre) as shown on the City's Land Use Map dated
1975.
The 60 acre Hillandale No. 1 subdivision was platted in 1971. This plat included several outlots
for future development and I -35E right-of-way. Outlot C, Hillandale No. 1, for example, was
configured to match the extent of the property that would be taken for I -35E based on the
preliminary alignment provided by MnDot at that time. Except for an approximately 2 acre
remnant parcel located east of the interstate (Outlot D, Hillandale No. 1), all of the property
remaining for development was located west of the future freeway.
Planning Report - Rolling Oaks
September 24, 1996
Page 4
Zoning Classifications were changed in 1974 and the C-2 zoning designation for Outlot D,
Hillandale No. 1, was changed to its current RB, Roadside Business classification.
In 1986 the Bieter Company requested a Comprehensive Guide Plan Amendment from R -II,
Mixed Residential (3-6 units/acre) to RSC, Regional Shopping Center, a rezoning from
Agricultural to Regional Shopping Center, and a Preliminary Subdivision for the 90 acre Bieter
site. All three applications were denied in early 1987.
Earlier this year Rottlund Company requested a Comprehensive Guide Plan Amendment to
change the Land Use Designation of the southwesterly eight acres of the Bieter property from
D -II to Roadside Business, RB. This request was denied by the City Council.
EXISTING CONDITIONS
The 116 acre site primarily contains significant topography with mature woodlands and a number
of wetlands; however, the southwestern portion of the site and is not wooded and relatively flat
apparently due to the construction of I -35E.
The 2 acre Outlot D, Hillandale No. 1, which is located along the freeway r -o -w just north of
Diffley Road and zoned RB, is a remnant parcel created by I -35E which was ultimately
purchased by the Bieter Company. The remainder of the site is zoned Agricultural and the entire
116 acre site is designated D -II, Mixed Residential (0-6 u/ac) in the City's Comprehensive Guide
Plan.
The development in this general area has been much less dense than originally anticipated in the
Comprehensive Guide Plan due to amendments to the Plan and the rezoning of Mallard Park 4th
Addition (33 acres) from R-4 to R-1 and Wexford Additions (34 acres) from PD/R-4 to R-1. The
adjacent Deerwood Townhome project to the north has density of 4.7 units/acre and the mixed
residential Wenzel project to the east has density of 4.77 units/acre.
SURROUNDING USES
The 116 acre site is surrounded by Blackhawk Middle school and mixed residential (Wenzel
Additions) to the east. South of the site is approximately 17 acres of undeveloped property zoned
Roadside Business and the Wexford and Mallard Park single family subdivisions. I -35E, the
30,000 SF Blackhawk Plaza/Tom Thumb, and the Hillandale townhouse development are located
to the west. Deerwood Townhomes, I -35E, undeveloped Murphy property, and the Blackhawk
Pond single family subdivision are located to the north.
SCHOOL DISTRICT
The subject site is located within Independent School District #196 and school age children in
Planning Report - Rolling Oaks
September 24, 1996
Page 5
the proposed development would attend Deerwood Elementary, Blackhawk Middle, and Eagan
High School. The residential development of the subject site has been incorporated in the
district's long range plans and the anticipated amount of school age children from the proposed
development will not cause capacity issues for ISD #196.
ENVIRONMENTAL REVIEW
The unit count and mixture of units of the proposed development requires that a mandatory
Environmental Assessment Worksheet (EAW) to be prepared for review by the Environmental
Quality Board (EQB) and all agencies on the EAW distribution list. The City cannot give final
approval of this planned development and subdivision until the EAW process has been completed
and a determination is made that an Environmental Impact Statement (EIS) is not necessary.
EVALUATION OF RE UEST
A. Planned Development
Pulte is proposing a mixed development that includes single family lots and three types of
townhome buildings that contain three to twelve units. The attached units are marketed under
three different model names and the base units range in size from 950-1,428 SF.
The site development plans show a five acre exception parcel in the very northeastern corner of
the site; however, the developer has provided development plans showing the ultimate
development of the property including this exception. As shown, this five acre parcel could be
incorporated into the Pulte project in the future and would provide the development of two
additional single family lots (one with the existing Franz home) and 19 additional club home
units in five buildings.
Compatibility with Surrounding• Area - The proposed development appears to be compatible in
use and density with the surrounding land uses. The developer is proposing to preserve much
of the existing woodlands and virtually all of the wetlands. The residential development falls
within the D -H, Mixed Residential density allotment and blends with the residential development
surrounding the site.
Term - The term of this planned development will be five years.
Phasing - The developer intends to develop the site in two phases beginning with the southern
half in 1997 and the northern half in 1998. The Johnny Cake Ridge Road extension through the
site to Deerwood Drive will occur as part of the first phase of development.
ensi - The proposed density falls within the D -H Comprehensive Guide Plan designation
density range for mixed residential of 0-6 units/acre. The 502 dwelling units on approximately
jlP
Planning Report - Rolling Oaks
September 24, 1996
Page 6
116 acres calculates to a gross density of 4.32 units/acre. Removing the City's reservoir site and
delineated wetlands (six acres total) results in a net density of 4.56 units/acre.
Lots - The developer is proposing a 75' lot width at the building setback for 44 of the single
family lots; although, the average lot size for these lots is approximately 17,200 SF. Two of the
78 single family lots are proposed to be less than the City standard minimum lot size of 12,000
SF. These two lots are 11,400 and 11,772 SF in size and are certainly buildable. All other lot
standards are met.
Setbacks - All minimum setback requirements are not met. The R-3, Townhouse Zoning District
requires a minimum setback for townhomes of 30 feet from all front and rear property lines and
between buildings. The developer is proposing to deviate from this requirement by allowing the
setback between units to be reduced to 25 feet while maintaining the typical 30 foot front and
rear setback. The developer is proposing this deviation to promote greater clustering of the
multiple family units because it allows greater preservation of the natural features of the site.
The developer is proposing to incorporate a creative ingredient for the single family portion of
this development by providing "coved single family lots". The cove method provides a variable
front setback that eliminates the typical parallel lines of homes setback 30 feet from the public
right-of-way. The developer is proposing to ensure the inconstant setback by providing a variable
width drainage and utility easement adjacent to the public rights-of-way. The result of the coved
design is an average setback of approximately 55 feet for the detached single family homes.
Parkin - The developer is proposing to provide 80 guest, parking stalls in the Court and Village
home areas of the site in addition to the City Code required on-site parking requirement of two
spaces (one covered) per unit. The amount of guest parking provided is adequate; however, the
location breakdown should be revised to provide more logical and convenient coverage to each
of these units.
Landscaping - With minor modifications, the Landscape Plan is acceptable. Additional landscape
material should be provided along the south and west property boundaries, material sizes should
meet Code requirements, and specie types should be reviewed with staff.
Additionally, the Landscape Ordinance lists specific landscaping requirements for property located
along freeway corridors. The ordinance states "Existing wooded areas shall be preserved for a
minimum of fifty feet adjacent and parallel to the freeway right-of-way." and "adjacent to the
freeway right-of-way, a planting screen of a mixture of overstory and understory coniferous plant
material shall be planted which will provide a visual -screen at time of maturity." These
requirements should also be met.
Architecture/Noise Attenuation - The developer is proposing maintenance -free vinyl siding and
asphalt shingles on all of the townhouse buildings. The City has typically required approximately
l(I
Planning Report - Rolling Oaks
September 24, 1996
Page 7
25 percent of the multiple family building facades to include brick. The developer is proposing
approximately 25 percent brick on the front facing facade of the club house units only. Adding
brick to the building facades on the other townhome units would be more consistent with what
has been provided on the surrounding multiple family units located north (Deerwood townhomes)
and east (Wensman townhomes) of the site.
The developer is proposing to create 17 individual communities within the multiple family areas.
According to the developer: "True diversity is achieved through change in roof lines and colors,
not materials. Each adjoining community will have its own architecture and colors. This
diversification along with the trees, wetlands, hills, and open space will create 17 communities
within a community which will remove the stereotype of a cookie cutter Multiple Family
community."
The developer will construct all of the units with noise attenuation measures in compliance with
State of Minnesota requirements and those of the Federal Housing Administration (FHA) which
will provide financing for the future home buyers.
Trash/Recycling - All trash and recycling containers should be stored within individual garages.
B. Preliminary Subdivision
Lots - The developer is proposing to plat several outlots. Most of the outlots will serve as
common space shared by each unit within a particular block; however, proposed Outlots A and
G will not serve this function if the City does not accept the parcels for parkland dedication
purposes and should be eliminated by extending lot lines to incorporate the outlots into other lots
to be platted if the two outlots will not be assigned to a homeowner's association.
Nome Owner's Association - The developer should be responsible for preparing and recording
with the plat, appropriate documents establishing a homeowner's association. The documents
should be submitted and approved by the City Attorney's office prior to Final Subdivision
approval. Transfers of common areas to the homeowner's association should be recorded with
the plat.
Grading/Wetlands - Modifications are necessary to the preliminary grading plan. The site is
lightly to heavily wooded with areas of steep topography. The northern half of the site generally
slopes to the north while the southern portion slopes to the south. The developer intends to use
a custom -grading approach for a many of the proposed single-family home lots.
The preliminary grading plan shows a number of driveways along Johnny Cake Ridge Road,
Cornwell Drive, and Cornwell Court with grades in excess of 10 percent maximum allowed by
City Code. The proposed access drive to the water reservoir in the northwest corner of the site
is also shown to be in excess of 10 percent. The grading plan should be revised to reflect all
�a�
Planning Report - Rolling Oaks
September 24, 1996
Page 8
driveway grades, including the access drive to the water reservoir, of 10 percent or gentler.
The elevation of the proposed street stub for future connection to Blackhawk Middle/Deerwood
Elementary schools should be approved by the ISD #196 prior to final plat approval. The plan
shows a number of retaining walls to be constructed that show slopes with grades in excess of
2:1 in maintained areas. The grading plan should be revised to reflect all graded slopes at 3:1
or gentler or the construction of retaining walls to achieve slopes of 3:1 or gentler in all
maintained areas. Detailed plans and specifications should be submitted with the final grading
plan covering the construction of any retaining walls within the development.
The plan shows grades of the proposed concrete sidewalk and bituminous trail along Johnny Cake
Ridge Road in excess of City engineering standards of 6 percent longitudinally and 2 percent
cross -slope. The grades for the concrete sidewalk and bituminous trail should be built to a
longitudinal slope of 6 percent or less and a cross -slope of 2 percent or less.
The plan does not show erosion control measures to be implemented with grading activities. The
developer should be responsible for installing and maintaining erosion control measures in
accordance with the City Erosion/Sediment Control Manual Standards.
The wetland survey for this site identifies five wetland basins totaling 3.3 acres. Four of the
basins are natural wetland basins while the fifth, designated Pond BP -35 in the City's storm water
management plan, has been significantly modified. At staffs request, the developer has avoided
direct discharge of runoff from impervious surfaces to the four natural wetland basins.
The developer is proposing a partial fill of a small Type 2 wetland in the northwest portion of
the site. The Wetland Conservation Act allows filling of up to 2,000 square feet of wetlands of
this type before mitigation is required. The developer has indicated that the area filled will not
exceed this figure, though the grading plan dated August 30, 1996 shows a fill of approximately
3,000 square feet. No other wetlands would be filled or drained under the current development
proposal.
Finally, with two exceptions, the grading plan shows ungraded buffers around the four natural
wetland basins that range from 30 to over 300 feet in width. One exception is an area around the
southern end of the wetland basin BP -3.4, where a proposed road would come within about 15
feet of the wetland edge. The other is associated with the fill proposed for wetland basin BP -3.3.
It should also be noted that wetland units associated with Ponds BP -3.4 and BP -3.3 will be part
of a proposed natural corridor in the western area of the parcel and that the wetland unit
associated with Pond BP -25 and BP -25.1 will be part of -a larger environmental corridor in the
southern and eastern portion.
Storm Drainage/Water Quality, - Modifications are necessary to the preliminary storm drainage
plan. The proposed development is located within the City's central drainage district "B" and
/d(
Planning Report - Rolling Oaks
September 24, 1996
Page 9
upstream of Blackhawk Lake. The plan shows the utilization of three storm water basins as
identified in the City Storm Water Management Plan (1990) for water quality and flood control
purposes.
The plan shows the extension of the 42 -inch trunk storm sewer line from Diffley Road to Pond
BP -35. The plan also shows the connection of a portion of the site's storm sewer to this trunk
line. The trunk storm sewer extension should be designed to accommodate the site's storm runoff
in addition to the existing storm water runoff.
The overland drainage route for Pond BP -25 in the south-central portion of the site is not defined
on the preliminary drainage plan. The final grading and storm drainage plan should reflect an
overland drainage route for Pond BP -25 capable of handling flows in excess of a 100 -year storm
event.
Pond BP -3 in the north -central portion of the site drains via a 36 -inch outlet pipe under
Deerwood Drive to Pond BP -33 north of Deerwood Drive. The City's Storm Water Management
Plan (1990) identifies the need for the control of outflow drainage from Pond BP -3 at time of
development of this site. The developer should restrict the outflow from Pond BP -3 so as not
to exceed the design high water level of Pond BP -33.
Outlet skimmer structures in accordance with the City's standard details should be constructed
on the outlets from Pond BP -35 and BP -3. The storm drainage plan should also be revised to
provide for a storm sewer connection from Deerwood Reservoir to Pond BP -3.4 to accommodate
potential overflow drainage from the reservoir.
This development will generate runoff -that will reach Blackhawk Lake a short distance
downstream. Blackhawk Lake is one of seven Class I direct contact recreation water bodies
identified in the City's water quality management plan and is the City's second highest priority
for long-term enhancement of water quality. Because of the size of the development and the
existence of a high priority recreational water body downstream, staff recommends that on-site
ponding be the primary means of meeting water quality mitigation obligation.
Per staff request, a large constructed ponding area (Pond BP -35) in the southwest area of the site
will be used to treat runoff from over half of the development. The north -central and eastern
portion of the site will drain to the north, and staff has requested the developer to construct a
detention basin to treat this runoff prior to discharge off the site. In the most recent set of plans,
the detention basin is too small to provide the high level of treatment required to meet non -
degradation standards for Blackhawk Lake. Whether the pond can be expanded will depend on
whether the proposed park area to the west on this pond remains a part of the development. If
the area is not needed for a developed park facility, staff recommends that this detention basin
be increased in size and volume to improve the pollutant removal efficiency of the pond.
Planning Report - Rolling Oaks
September 24, 1996
Page 10
Even with the expansion of Pond BP -3, modeling indicates that a slight degradation of water
quality in Blackhawk Lake will occur. Rather than require the significant increase in on-site
ponding that would be necessary to fully meet the non -degradation standard for Blackhawk Lake,
staff recommends a supplemental cash dedication to meet mitigation requirements. The cash
dedication would be higher if pond BP -3 cannot be expanded over that proposed. This dedication
would be used to off -set costs of in -lake treatment measures to protect water quality in
Blackhawk Lake.
Utilities - Modifications are necessary to the preliminary utility plan. Sanitary sewer is available
to serve this development via an existing stub in the northeast corner of the site available to serve
the northern half of the development and another existing stub at Johnny Cake Ridge Road and
Diffley Road is available to serve the southern half of the development.
The proposed sanitary sewer extension to serve the townhouses in the northwest corner of the
development should be constructed to avoid impacting the Cooperative Power transmission lines,
the Williams Brothers pipeline and provide enough depth on the sanitary sewer along the slope.
Water main is available to serve this development. The utility plan should be revised to show
a 12 inch water main in a north -south alignment along Johnny Cake Ridge Road to conform to
the City's .1996 Comprehensive Water Plan. A water pressure -reducing valve will be required
on the 12 -inch line to connect the intermediate and high water pressure zones at a location to be
determined by City staff at the time of final subdivision plan review. The Water Supply and
Distribution Plan also identifies the extension of a 18 -inch trunk water main along Deerwood
Drive at the northern edge of the development. This construction is anticipated to be
accomplished through a City public improvement project at the time of development of this site.
Also, a separate 18 -inch water main to feed the newly constructed Deerwood Reservoir will need
to be constructed in an alignment which follows the private street in the northwest comer of the
site from the extension of the 18 -inch trunk water main along Deerwood Drive: The utility plan
also shows connection to an 8 -inch water main stub along the east edge of the development at
Cashel] Glen Road.
Streets/Access/Circulation - The preliminary street layout proposes Johnny Cake Ridge Road to
be extended as a north -south community collector roadway from Diffley Road to Deerwood
Drive. The most recent Municipal State Aid System Map designates this stretch of roadway to
be built to State Aid standards for width, curvature, and right-of-way as shown on the preliminary
site plan. Johnny Cake Ridge Road is classified as a Community Collector. The preliminary
street layout plan shows Johnny Cake Ridge Road to be constructed with a 36 -foot street width
and vertical and horizontal curvature meeting a 35 MPH design speed. Because of the
community collector designation of this roadway, berming and landscaping should be designed
to ensure proper site distances consistent with the design speed.
� a3
Planning Report - Rolling Oaks
September 24, 1996
Page 11
Diffley Road (Co. Rd. 30) is a four -lane divided highway that is designed to carry large amounts
of traffic and is classified as a Minor Arterial road. Deerwood Drive and Johnny Cake Ridge
Road are both designated as a Community Collector roadways that have a design capacity of
5,000-10,000 average daily trips (ADT). The traffic anticipated to be generated by the proposed
development will not require any improvements to be made to Deerwood Drive.
Estimated traffic volumes for Johnny Cake Ridge Road are 4,700 daily trips north of Diffley
Road and 2,100 daily trips south of Deerwood Drive. Examples of other collectors with similar
traffic volumes are Deerwood Drive-Blackhawk Road to Pilot Knob Road (4,000 to 4,950 ADT)
and Braddock Trail-Northview Park Road to Diffley Road (2,800 to 4,400 ADT). City staff is
concerned about the impact of this new community collector on future residents of the proposed
lots that abut Johnny Cake Ridge Road regarding the speed and volume of traffic associated with
a Community Collector roadway. The City continues to receive speed and volume complaints
from current residents living along other major collector streets.
Preliminary traffic volume projections indicate that the signalization of the Johnny Cake Ridge
Road/Diffley Road intersection is warranted and this improvement would be a joint project
between the City and Dakota County.
The preliminary street plan shows driveway accesses directly onto this extension of Johnny Cake
Ridge Road. Due to the anticipated traffic volumes of this north -south collector street, City staff
has concerns regarding the number and configuration of the proposed driveway accesses. The
number of direct driveway accesses to Johnny Cake Ridge Road should be reduced particularly
for the Clubhouse units by providing a single shared driveway to each two -building cluster. Due
to the close proximity to the major signalized intersection of Johnny Cake Ridge Road/Diffley
Road, individual driveway accesses to Johnny Cake Ridge Road for Lots 1-3, Block 1, should
not be allowed south of Catalpa Court and individual driveway turnarounds should be provided
for all driveways taking access onto Johnny Cake Ridge Road. The individual driveway
turnarounds should be shown on the final Site Plan.
Johnny Cake Ridge Road is proposed to connect with Deerwood Drive in the northeast corner
of the site. This connection should align with the private street connection of Deerwood
Townhomes north of Deerwood Drive. Also, because of the anticipated northbound right turn
volumes, the northbound approach of Johnny Cake Ridge Road to Deerwood Drive should
contain two lanes.
The proposed northern leg of the intersection of Johnny Cake Ridge Road and Diffley Road
should directly align with the existing southern leg of that intersection. The southbound approach
of Johnny Cake Ridge Road to Diffley Road should contain a right turn lane, a through lane, and
a left turn lane. The developer should be responsible for the construction of a left -turn lane from
eastbound Diffley Road onto Johnny Cake Ridge Road and a right -turn lane from westbound
Diffley Road onto Johnny Cake Ridge Road as required by Dakota County.
Planning Report - Rolling Oaks
September 24; 1996
Page 12
The preliminary street layout plan shows a public street connection to the existing Cashell Glen
street stub in the Wenzel Addition east of the site. The developer should be responsible for the
removal of the existing cul-de-sac on Cashell Glen within the Wenzel Addition when the street
connection is made. The developer should realign the Cashell Glen connection so that it does
not impact Lot 1, Block 3, Wenzel 1st Addition. The proposed street layout also provides public
access to the exception parcel in the northeast comer of the site.
It should be noted that a 36 foot wide roadway width for Johnny Cake Ridge Road allows
parking on one side of the street only. City staff is recommending that parking be allowed on
the east side only; therefore, with the City's odd -even parking restrictions between November and
April, no parking will be allowed on this portion of Johnny Cake Ridge Road every other day
during those months. If parking on both sides of Johnny Cake Ridge Road is desired, the width
of the road would need to be 44 feet within an 80 foot wide right-of-way.
A public street connection is proposed to the Blackhawk Middle/Deerwood Elementary School
site in 'the east -central side of the development to provide an additional access to the school
grounds. Due to the projected amount of traffic utilizing this new access, a more direct
alignment should be provided between the school and Johnny Cake Ridge Road.
The street grade for Cornwell Circle should be a maximum of 8 percent as required in the City
Code. All existing street openings constructed off of Diffley Road and Deerwood Drive not
required for this development should be removed and new B-618 concrete curb and gutter
constructed across the openings.
The preliminary site plan indicates an 8 -foot bituminous trail to be constructed along Johnny
Cake Ridge Road, mainly on the east side of the roadway. A 6 -foot concrete sidewalk should
also be provided along the extension of Johnny Cake Ridge Road from Diffley Road to
Deerwood Drive; with the bituminous trail along one side of the roadway and concrete sidewalk
along the other. The bituminous. trail and concrete sidewalk should be a minimum of 8 feet from
the back of roadway curb; however, the developer is encouraged to provide the meandering
alignment of the sidewalk and trail as shown on the preliminary site plan.
The developer should provide a sidewalk/trail connection from the east side of the Johnny Cake
Ridge Road extension to the school property. The school district has indicated that they will then
continue the trail from this point through the school site to student entrances of the school(s) at
the district's expense.
,Easements/Permits/Right-Of-Way - The developer should dedicate a 20 foot sidewalk and trail
easement to the City for maintenance of any portion of the proposed sidewalk or trail not built
within the Johnny Cake Ridge Road right-of-way.
Planning Report - Rolling Oaks
September 24, 1996
Page 13
The preliminary site plan indicates a proposed building on a portion of the Deerwood Reservoir
site. Since access to the reservoir is proposed through the development, the developer should be
responsible for vacating this easement prior to Final Subdivision approval.
The Dakota County Plat Commission has reviewed the preliminary subdivision and is requiring
a total dedication of 75 feet of half right-of-way along the entire length of the plat abutting
Diffley Road (County Road 30) and also restricted access to be dedicated along Diffley Road on
the final plat.
In order for the extension of Johnny Cake Ridge Road connection at Deerwood Drive to directly
align with the private street connection of Deerwood Townhomes as mentioned above, sufficient
right-of-way will need to be obtained from the exception parcel northeast of the development.
Tree Preservation - The Tree Preservation Plan is acceptable. The proposed tree removal is
below the maximum allowed without mitigation. The site can be characterized as consisting of
rolling hills with approximately fifty percent wooded coverage. Tree coverage is primarily oak
trees (bur, northern pin, and red), with a variety of other deciduous trees including elm, ash,
cottonwood, boxelder, butternut, aspen, and black cherry. There is also a small percentage of
coniferous trees, mostly spruce, located in the northern part of the property. Tree diameters range
from 6" to 50".
The plan indicates that there are 1,052 significant trees on site. The proposed development will
result in the removal of 434 significant trees or 41.3% of the total. Staff has calculated an
average allowable removal for this entire site based upon a 40.0% allowable removal for single
family residential development and a 47.5% allowable removal for multi -unit residential
development. The resulting average allowable removal is set at 43.75%. With a proposed
significant tree removal for the entire site within the allowable limit, there is no tree mitigation
required.
The developer is encouraged to continue to work with staff to preserve additional significant trees
located in areas within established construction limits. These areas would generally be located
in front of the "coved lots", on or near property lines, or along road rights-of-way where there
will be minimal grade changes. Field reviews are recommended after roads are located and
staked and prior to any grading to identify any significant trees which could possibly be
preserved.
The developer should provide Tree Protective Measures (i.e. 4 foot polyethylene laminate safety
netting) 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 and the developer should contact the City
Forestry Division at least five days prior to any grading activity to ensure compliance with the
approved Tree Preservation Plan.
ids
Planning Report - Rolling Oaks
September 24, 1996
Page 14
A performance guarantee will be required for this development. The amount of the guarantee
will be calculated by staff following installation of tree protection fence. The amount will be
calculated utilizing the total diameter inches of significant trees intended to be preserved within
fifteen feet of the grading limits. The performance guarantee should be collected as part of the
Development Contract at the time of final plat approval.
Parks and Recreation - The developer is proposing a parkland dedication of approximately 16
acres. On August 19, . 1996, the park dedication issue was directed to the Acquisition
Subcommittee of the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC).
At their regular meeting of September 16, 1996, the APRNRC recommended a cash park and trail
dedication to the City Council. As such, Outlots A and G should either be eliminated by
incorporating them into other parcels or designated as open space controlled by a homeowner's
association.
SUMMARYICONCLUSION
The proposed development appears compatible with the existing surrounding land uses. The
developer is proposing to preserve a large percentage of the existing woodland resource and
wetland resources. The proposed density of the residential development is within the D -H, Mixed
Residential density allowed. The combination of the coved single family development and the
blend of multiple unit types with different architectural features should provide an attractive
streetscape and an interesting visual combination within the development.
The extension of Johnny Cake Ridge Road to Deerwood Drive has been in the City's long range
plan for many years. Planned utility extensions will serve the site, impacts to the wetlands are
minimal, the proposed tree removal is below the maximum allowed, the school district has
anticipated the mixed residential development of this site in their long range planning, and the
streets surrounding the site have capacity to accommodate the anticipated traffic that would be
generated by this proposed development.
Revisions to the development plans specified in this report can be made prior to Final Planned
Development and Final Subdivision approval.
ACTION TO BE CONSIDERED
A. To recommend approval or denial of a Preliminary Planned Development
B. To recommend approval or denial of a Preliminary Subdivision
If approved, the following conditions should be required.
Planning Report - Rolling Oaks
September 24, 1996
Page 15
PRELIMINARY PLANNED DEVELOPMENT
1. The Rolling Oaks Preliminary Planned Development allows for the construction of 502
residential units.
2. The Rolling Oaks Planned Development shall expire 5 years from the date of City
Council approval.
3. A Preliminary and Final Planned Development Agreement shall be executed prior to final
subdivision approval. The following exhibits are necessary for this Agreement:
* Site Plan
* Building Elevation Plans (multiple family units)
* Signage Plan
* Landscape Plan
Upon submission of Final plans, provided they are in conformance with the Preliminary
Planned Development, the Final Planned Development may proceed to the City Council
for approval.
4. The EAW process must be completed prior to Final Subdivision and Final Planned
Development approval.
5. Lot widths of 75 feet are allowed for 40 of the single family lots. Specific lots shall be
identified in the Planned Development Agreement.
6. Two of the single family lots are allowed to range in size from 11,400-11,800 SR
Specific lots shall be identified in the Planned Development Agreement.
7. The Planned Development allows 25 foot setbacks between multiple family buildings.
8. The guest parking should be revised to provide more logical and convenient coverage for
the court and village homes.
9. To promote diversification in appearance of the multiple family portion of the
development, the developer shall create 17 sub -areas that provide different exterior
architecture and colors between each adjoining area.
10. The developer shall construct all of the units with noise attenuation measures in
compliance with State of Minnesota requirements and those of the Federal Housing
Administration (FHA).
Planning Report - Rolling Oaks
September 24, 1996
Page 16
11. All trash and recycling containers shall be stored within individual garages.
12. The property shall be platted.
Preliminary Subdivision
Standard Conditions
1. 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, C4, D1, E1, F1, GI, and H1.
2. The property shall be platted.
tlots
3. Dutlots A and G shall either be assigned to a homeowner's association or eliminated by
extending lot lines to incorporate the parcels.
Nome Owner's Association
4. The developer shall prepare and record with the plat, appropriate documents establishing
a homeowner's association. The documents shall be submitted and approved by the City
Attorney's office prior to Final Subdivision approval. Transfers of common areas to the
homeowner's association shall be recorded with the plat.
Landscaping
5. Additional landscape material shall be provided along the south and west property
boundaries, material sizes shall meet Code requirements, and specie types shall be
reviewed with staff.
6. Existing wooded areas shall be preserved for a minimum of fifty feet adjacent and parallel
to the freeway right-of-way and a planting screen, which will provide a visual 'screen at
time of maturity, consisting of a mixture of overstory and understory coniferous plant
material shall be planted adjacent to the freeway right-of-way.
Grading/Wetlands
7. The grading plan shall be revised to reflect all driveway grades, including the access drive
to the water reservoir to City standards.
S. The elevation of the proposed street stub for future connection to Blackhawk
Middle/Deerwood Elementary schools shall be approved by ISD 4196 prior to final plat
approval.
Planning Report - Rolling Oaks
September 24, 1996
Page 17
9. The grading plan shall be revised to reflect all graded slopes of 3:1 or gentler in all
maintained areas.
10. Detailed plans and specifications shall be submitted with the final grading plan covering
the construction of the proposed retaining walls.
11. The grades for the concrete sidewalk and bituminous trail shall be built to City standards.
12. The developer shall be responsible for installing and maintaining erosion control measures
in accordance with the City Erosion/Sediment Control Manual Standards.
13. An exemption is granted to authorize filling of up to 2,000 square feet of Wetland basin
BP -3.3.
14. No other wetland draining or filling is allowed.
15. An ungraded buffer of natural vegetation extending at least 30 feet back from the edge
of the four natural wetlands (wetland units associated with Ponds BP -25, BP -25.1, BP -3.4,
and BP -3.3) shall be preserved.
16. Where grading is proposed around the southern tip of Pond BP -3.4 and within Pond BP -
3.3, the area within 30 feet of the wetland boundary shall be re -seeded with native
perennials and left in an un -maintained condition.
17. The buffers shall be identified on the grading plan.
Storm Drainage/Wat rg Qualim-
l8. The trunk storm sewer extension from Diffley Road to Pond BP -35 shall be designed to
accommodate the site's storm water runoff in addition to the existing off-site storm water
runoff.
19. The final grading and storm drainage plan shall reflect an overland drainage route for
Pond BP -25 capable of accommodating flows in excess of a 100 -year storm event.
20. The developer shall restrict the outflow from Pond BP -3 so as not to exceed the design
high water level of Pond BP -33 downstream.
21. Outlet skimmer structures in accordance with the City's standard details shall be
constructed on the outlets from Pond BP -35 and Pond BP -3.
22. The storm drainage plan shall be revised to provide for a storm sewer connection from
Deerwood Reservoir site to Pond BP -3.4 to accommodate potential overflow drainage
Planning Report - Rolling Oaks
September 24, 1996
Page 18
from the reservoir.
23. On-site ponding shall be the principle means of meeting ' water quality mitigation
requirements.
24. Pond BP -3 shall be enlarged and constructed. as a two -cell system, if possible.
25. The discharge from Pond BP -3.3 shall be routed around Pond BP -3 and discharged
directly to the stub underlying Deerwood Drive.
26. A supplemental cash dedication shall be required to make up for any shortfall in on-site
treatment.
Utilities
27. The utility plan shall be revised to show a 12 -inch trunk water main in a north -south
alignment along Johnny Cake Ridge Road.
28. The sanitary sewer extension along Deerwood Drive shall be constructed so as to avoid
impacting the Cooperative Power overhead electric transmission lines, the Williams Bros.
Pipeline and easement, and provide enough depth over the sanitary sewer along the slope
south from Deerwood Drive.
Streets/Access/Circulation
29. Individual driveway turnarounds shall be provided for all driveways taking access onto
Johnny Cake Ridge Road.
30. Berming and landscaping adjacent to Johnny Cake Ridge Road shall be designed so as
to ensure proper sight distances consistent with a 35 MPH design speed.
31. The number of direct driveway accesses onto Johnny Cake Ridge Road shall be reduced
by providing a single shared driveway to each two -building Clubhouse unit cluster.
32. The developer shall be responsible for all road improvements required by Dakota County.
33. The northbound approach of Johnny Cake Ridge Road to Deerwood Drive shall contain
two lanes.
34. The northern leg of the Johnny Cake Ridge Road and Diffley Road intersection shall
directly align with the existing southern leg of that intersection. The southbound portion
of this northern leg shall contain a right -turn lane, a through lane and a left -turn lane.
4.,3
Planning Report - Rolling Oaks
September 24, 1996
Page 19
35. Due to the projected amount of traffic utilizing the street connection to the Blackhawk
Middle/Deerwood Elementary School, a direct alignment of the street shall be provided
between the school and Johnny Cake Ridge Road.
36. The developer shall be responsible for the removal of the existing cul-de-sac on Cashell
Glen within the Wenzel Addition.
37. The developer shall realign the Cashel] Glen extension so there is no impact to Lot 1,
Block 3, Wenzel 1st Addition
38. All local residential street grades, including Cornwell Circle, shall meet City code
requirements.
39. The Johnny Cake Ridge Road extension in the northeast corner of the development at
Deerwood Drive shall align with the private street of Deerwood Townhomes. Sufficient
right-of-way for this extension at Deerwood Drive shall be obtained from the exception
parcel northeast of the development.
40. All existing street openings constructed off of Diffley Road and Deerwood Drive not
required for this development shall be restored to City standards.
41. A 6 -foot concrete sidewalk and 8 -foot bituminous trail shall be provided along Johnny
Cake Ridge Road from Diffley Road to Deerwood Drive with a minimum of an 8 foot
boulevard between the sidewalk/trail and the roadway curbing.
42. The developer shall provide a sidewalk/trail connection from the east side of the Johnny
Cake Ridge Road extension to the school property.
Eas em ent s/Permi ts/Ri ght-of--Way
43. The developer shall dedicate a 20 -foot sidewalk and trail easement to the City for
maintenance of any portion of the proposed sidewalk or trail not built within the Johnny
Cake Ridge Road right-of-way.
44. The developer shall be responsible for vacating the easement acquired for the Deerwood
Reservoir site needed for proposed building prior to Final Subdivision approval.
45. The developer shall dedicate 75 feet of half right-of-way along the entire length of Diffley
Road.
46. The developer shall dedicate restricted access on the final plat along the entire length of
Diffley Road and Johnny Cake Ridge Road from Diffley Road to Catalpa Court.
Planning Report - Rolling Oaks
September 24, 1996
Page 20
47. In order for the Johnny Cake Ridge Road connection at Deerwood Drive to directly align
with the private street connection of Deerwood Townhomes, the developer shall obtain
sufficient right-of-way from the exception parcel northeast of the development.
Tree Preservation
48. 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.
49. The developer shall contact the City Forestry Division at least five days prior to any site
grading occurring to ensure compliance with the approved Tree Preservation Plan.
50. The developer shall raise and redirect the storm water drainage system (which is proposed
to flow from the low area in the north vicinity of the single family development area to
drainage pond BP -3) to a new location running between single family lots 5 and 6 and
between clubhouse lots 25 and 26.
51. A tree preservation performance guarantee is required to be collected prior to the City
releasing the Final Subdivision for recording.
Parks & Recreation
52. The developer shall provide a cash park and trail dedication prior to the City releasing the
Final Subdivision for recording.
X33
STANDARD CONDITIONS OF PLAT APPROVAL
A. FinancialObligations
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. lasements and Rights -of -Way
I.
1. This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. .dans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
l
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. Ejjbllc Im rovements
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. arks and Trails edication
7. 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. ater Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H.Other
1. All subdivision, zoning and other ordinances affecting this development shall'
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 2g.,1987
LTW
$T/WDARD.CON
City Council
—September 13 1987
Revised: JUly 126 1990
Revised: Februaty 2, 1993
FINANCIAL OBLIGATION - Rolling Oaks
There are pay-off balances of special assessments totaling $126,349 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 of $155,702 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
Water Trunk
Residential
$845.00/lot
505 lots
$426,725
Lateral Benefit Water
S.F.
$20.30/ff
1557 ff
31,607
Lateral Benefit Water
M.F.
$25.90/ff
300 ff
7,770
Storm Sewer Trunk
S.F.
.077/sq ft
1,544,523 sq ft
118,928
Storm Sewer Trunk
M.F.
.097/sq ft
3,139,957 sq ft
304,576
Total
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city of eagan
MEMO
TO: MAYOR & CITY COUNCIL C/O THOMAS L HEDGES, CITY ADMINISTRATOR
FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: NOVEMBER 15, 1996
SUBJECT: ROLLING OAKS PRELIMINARY SUBDIVISION
WENZEL ADDN/CASHELL GLEN EXTENSION
In the Spring of 1992, the Deerwood Ponds development was approved with a layout that
proposed a continuation of Cashell Glen into and through the agricultural zoned property
to its west (subsequent Wenzel Addition). In the Fall of 1992, after three public hearings
before the Planning Commission, the City Council subsequently approved the Wenzel
Addition which continued the planning concept of a local street interconnection with
Deerwood Ponds Addition. During the many public hearings, two main issues were of
primary concern to the many citizens who attended these hearings; density and roadway
access/alignment. The roadway alignment/access issues pertain to the Wenzel
development having only one access to Diffley Road beyond the proposed connection of
Cashell Glen in Deerwood Ponds.
The City's Planning and Engineering staff continued to promote the need for
interneighborhood connection of local streets, especially recognizing the elemeri'tary and
middle school/recreational complex immediately to the north. Subsequently, the Wenzel
Addition development was required to extend Cashell Glen from Deerwood Ponds to its
western limits for ultimate connection to either Thomas Lake Road or Johnny Cake Ridge
Road with the development of the adjacent Bieter property. A temporary cul-de-sac at the
western edge of Cashell Glen was constructed to City standards but designed to
accommodate this future planned extension and connection.
The Advisory Planning Commission at its meeting of October 22 recommended approval
of the preliminary subdivision of the Rolling Oaks development but deleted Condition #36
from the staffs report which read as follows:
#36. The developer shall be responsible for the removal of the existing cul-de-sac
on Cashell Glen within the Wenzel Addition.
However, the Planning Commission left in Condition #37 which also pertains to the Cashell
Glen extension which reads as follows:
#37. The developer shall realign the Cashell Glen extension so there is no impact
to Lot 1, Block 3, Wenzel 1 st Addition.
I believe it was the Planning Commission's intention to delete any requirement that would
result in the extension of Cashell Glen and its connection to the proposed Rolling Oaks
or any subsequent development to the west.
It is extremely important that the City maintain its long-range plans for interconnecting
neighborhoods and providing multiple access points to our community's transportation
network To minimize congestion and conflicts on our community's arterial and collector
roadways, it is necessary to provide multiple access points from local neighborhoods.
That is why the extension and connection of Cashell Glen into and through the proposed
Rolling Oaks to Johnny Cake Ridge Road is so important. To not do so forces all traffic
from the Deerwood Ponds and Wenzel Additions onto Deerwood Drive and ultimately
through several signalized intersections along Pilot Knob and/or Johnny Cake Ridge Road
to gain access to the school complex, its recreational fields, and Blackhawk Park. It also
results in a more circuitous route of local school buses forcing them onto high volume, high
speed collectors for a very local trip.
In addition, with the approval of the Wenzel 1st Addition and the planned extension of
Cashell Glen, the Parks and Recreation Commission anticipated this connection for
pedestrians and subsequently deleted a sidelot trailway connection from Cashell Glen
directly north to the school.
This connection and extension of Cashell Glen has been designed specifically as an outlet
for the Wenzel and Deerwood Ponds Addition and will not promote incoming traffic.
I would like to strongly urge the City Council to preserve the long-range planning that has
occurred with the previous subdivisions and reinstate the condition providing for the
extension and connection of Cashell Glen with the proposed Rolling Oaks or any future
subsequent development. I would be happy to further explain the merits. of this
requirement as may be necessary.
Respectfully submitted,
1.4 .
Director of Public Works
TAC/j
Attachment: Area Map
WARNING
PROPERTY TAX,
PAYERS!
This is our last chance to affect some control over
the future development of the last 20% of useable land in
Eagan.
Come to the
Eagan City Council meeting on
Tuesday, Nov. 19 at 6:30 P.M.
Let the council know you don't want to give Pulte carte blanche.
to our land and -future property tax payments! Justthink:.
• Which school does your child attend? Hey, larger class- sizes just -
means more friends!
• Too much traffic on your way to work? You were looking for a
reason to start getting up a little earlier anyway!
• Concerned about water quality? So what, in Minnesota its
always covered by' a sheet of ice!
• Sad about our dwindling supply of trees? Well, maybe Eagan can
change its mascot from an oak to a sapling!
• Wish we had just a few more townhouses? How about more
than FOUR HUNDRED on just over 100 acres!
• What's your stand on parks? Who cares, just let the giant
developers tell us what's best for our community!
STOP TWSSV
Eagan Citizens for Responsible Development
(s�
EAGAN CITIZENS FOR RESPONSIBLE DEVELOPMENT
As you may know, the Eagan Planning Commission has approved the Pulte
Development building proposal. However, this does not mean the battle is over.
Rather it has Just bWin.
The Eagan City Council has the final word on whether or not developments will be
approved. They are much more receptive to the Eagan voter's opinions.
It is extremely important that we, as neighbors, now voice our opposition to this
dense development. It is time to write letters to the council members with our
opinions on density, tree loss, crowded schools, environmental changes, traffic
concerns, etc. It is such a shame for this beautiful parcel of land to be leveled and
replaced with 500 generic homes. We know it will be developed but there are so
many more suitable choices for this last large piece of land.
MARK YOUR CALENDARS!
It is very important that you attend the Eagan City Council Meeting Tuesday,
November 19 and show your opposition to this plan. The Carriage Hills area did
this
and won. If nothing else, we should be able to reduce the number of townhomes
and quad homes with your support.
One last note: In watching the various City Council candidates debate, it appears
that Sandra Masin will vote for high density, i.e. the Pulte development. Please
keep that in mind when you vote Tuesday. The other candidates, Mark Miller, Bea
Bloomquist, Shawn Hunter, and Ron Hanson were much more interested in Eagan's
vision, enhancing what we have and not rushing into this dense plan.
THANK YOU FOR YOUR HELP!
EAGAN CITIZENS FOR RESPONSIBLE DEVELOPMENT
ID -10-96 10:59AM FROM CITY OF EAGAN
3830, Pilot Knob Road
Eagin, Mn 55122-1897
(612) 681-4600
TO 98859765 PD02/002
0q, of Eagan
Hauler Licensing Application
I, h=by Malec application for a Retttse/R.ecycling license for lite year l /
oma: t-0, &M /7 A 5
Q Name
LX re�,�r it/rTbiC/ t/
City Stas Zip Telephone
Business Name: RE-1,el:5 v GC— Ski t,zRj3 5- FA091+ur �� S
Name s
City State Zip ;Telephone
Municipalitias who" prasently licensed:
LICENSE TYPE: (check all that apply)
ORasidential Dwelling" j
¢Required for haulers serving single family detached; duplex=
uplex and t�nur-plox units.
QRecycling and compost vehicles may be included in the residential rate, if operated by a single company.
44,Statc, county, and city mandates rcquirc residential recycling opportunities be provided.
GsAdditional requirments outlined in Hauling Ordinance as attached.
® *Multiple Dwelling/Cvmmercial*
Required for haulers serving commercial accounts and multiple fami)y dwellings being serviced in a
commercial manner.
ORPSLAte, vvurtty, and uity nrmulatcs reyuirtr residmidal uppurtutaitics be pivvidcd fur 11rult611WIrily urrila.
4*Pcrmits/eneourage% but does not require commercial recycling.
APConstruction/demolition debris vehicles may be included in multiple dwelling/commercial if operated by
a single company.
A)Additional requirements outlined in Hauling Ordinance as attached.
O Residential Recycling
oRequired for haulers ptxforming residential recycling only for sii:gle family. duplex. fottr-plex and multi-
family residential.
`PApplicabic to independent funi& subcontractors, and licensed hadles.
OConstruction/Detnolition Debris
QRequircd ibr haulers or contractors using containers greater than iour cubic yards.
Additional requirements outlined to Hauling Ordinance as wiachcd.
I
FEES: $30 for first vehic)NS25 each additional vehicle.
iso+ Ca
TOTAL NUMBER OF VEHICLES TU OPERAi% )N EAGAN: �
I
MUST PROVIDE: Motor Vchicic Insurance I Date of Expiration
Worker's Comp. Dostuanoe I Rate orTxpiration
Rate Schedule II
Olt is not the city's intern to add additional foes onto the license m provide for tv"lidg and constructionidemolition licensing,
provided that the a corresponding residential or commercial license is obtained.
08-30-96 03:0n.PM FROM CITY OF EaGAN
T0:
Scott Hardy FAX 447--5832
3334 rilgt Road
8a .si, leer 5122-1837
ts�ssr�l-4sgo
TO 94475832
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State ZLP
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Typo of d sr ��N P-APAPS , T.Dj N R W QST ST PAUL,
SAO A6r_
Residential Drellifg (350 first truck/323 saah additional)
R*q sirsd for haulers serving single family detached, duplex and four-plax :snits.
-- inClodes Residential PACYCIiag License at 3W additional fee.
-- Additional mwlruwats outlined in sauiinp ordiaanas ae attached.
Jioltipit DwIling/Caumerciai (650 first truck/;25 each additional)
-- Required for haulers eervingiftl"U'Res f�14l
jlyinQs larger than lour-plexes
and ccmertial accounts.
-- leziaits, but does net require 061wercial recycling provided that documentation
Of quantities rscyoled is provided to the City. Contact recycling stalf for
detp ils.
-- Includes Residential RecyclLng Liesnee at no additional fee.
--
' --..-..AAditimul roquU
ssats
=As Ldehtial Recycling tSSO foiurtsitictruck/$23
uleach
additional)Rel�ired
attee4+rd.
for haulers ppoertorming residential recycling for single family, duplex,
fout-Plsx and Multi•family swide tial.
-- ftrlLcakle to Led St lira* and ecbeantroctore to ltveaa a haulers.
o►J` -u an oN * VMa-r c*J tcB94S
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2edi i�ai liwcee 1 %suck t :SO t _� truem at $25
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-_ anoe zawsar ee �� Rate schedule
Isspiras /a q7 exyires,.-
i i
10-30-96 12:14PM FROM CITY OF EAGAN
3830 Pr1ot Xnob Road
Eagan, Mn 55122-1897
(612) 681-4600
Hauler
TO 94376786
I hesaby make applioatioo for a Refusc/Ret
Owner iW ZeL`
CihAAltm-
Name �.3
sum
Bosiuess Name: %�AC-V e CAA h'pi A
Iv>u Address
CityState Zip
Munfeipalitiax where pr^eamtl9 lionised: - ,
L�/y�•�le, �P����
LJMSE TYPE: (cd=k all that apply)
POD2/002
liumm flu dteyear 1996_ 57 n'
R�Oa/.UQ �iy ffvP
Telephone —
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Ce,* f Pty IEoiefin/ .
OResidential Dwelling*
¢Required fbr haulers serving single fatttily ft ched, duplex and Ebur-plex units.
42'Recycling and compost vehicles may be iuclu ed in the residential rate, if operated by a single corapeny.
GPStare, enunty, and city mandates require rag& rotial rew4dint apportvnkics bo provided.
APAdditional requirements outlined in Hauling C rdinam as attached.
*Muftipie DweDing/Commer'elslt
d0i1equired for haulers saying eomaxrcial a+
Commercial illaaner.
State. county, and city wendatee require maid
pPe mits/encourages. but does not require nom
4--Construetioit/demolition debris vehicles may
a Bingle company.
APAdditional requiremants outlined in hauling C
ORAl dential k0eyetiag
AvRegtdred for haulers perfarmhng reaidemtial
family residential.
1q;%Applicabh to independent firsts, suhxnan.u;
@COnstroetion/Demolideo Debris
4%Rcquired for haulers or oontractom uaitrg cur
GOAdditional Nquirerutmts outlined in hauling
and multiple family dwellings being serviced in a
W opportunities be ptovidcd fur mull -family units,
ciatl reeyaling.
Included in multiple dwelllrlg/Oo=crsial if operated by
as anacbed.
only for single family, duplex, four-plex and muhi-
amd licensed uaulers.
Beater than fbur cubic yarft
ice as a ffached.
FEES: $50 for first vehlcle= each addidonal vehicle. @ $50 + @ $25
710TAL NUMBER OF VEMcLE3 TQ onRATE IN LAG
MUST PROVIDE: Motor Vehicle lnsu um Dare of Expiration
Rau $drod. Insurance Duc of XXViMon
•It is not the City's ft=d to add additional fees aMa the unease to p vv;do for
provided that the a corresponding residential or Commercial hocnse is btaiaed. 8 and eortstructianJdentolieion liwavirrg,
10/30/96 11:11 TX/RX NO.0951 P.002
E
$40.00 per license CITY OF EAGAN X New
3830 Pilot Knob Road Renewal
Eagan, MN 55122-1897
APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS
Please Print
APPLICANT z r , S LA) I Kq_S 4 �j ; r 1 j 5 Birthday
Residential Address
street city state zip
Business Address 1 C1 Pro e 2 P (Gcc e_ W, AA N 551D
street ew state zip
.Home Phone Business Phone 14os-- - 2.3 o
Business name in Eagan where tobacco is to be sold LA) I LA '512i r
Business address in Eagan where tobacco is to be sad
street
TOBACCO PRODUCTS TO BE SOLD: (Check all that apply)
AC
Cigarettes, cigars and other smoking tobacco
Snuff, plug and other chewing tobacco
Clippings, cuttings and sweepings suitable for chewing or smoking
Pipes and other tobacco related devices
Cigarette papers and wrappers
PACKAGING OF TOBACCO PRODUCTS TO BE SOLD (Check all that apply)
individual pack or can
Two or more packs or cans packaged together
Full cartons
LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS (Check all that apply)
If -service merchandise
Over-the-counter
Vending machine Number of vending machines within business
Accessible to store clerk only
SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED
PLACE OF BUSINESS AND FOR EACH VENDING MACHINE.
TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND
IS GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE.
I (WE) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF
MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
DATE iU - 3 l-� (� AUTHORIZED SIGNATURE 7)(t&
T -
FOR OFFICE USE ONLY
City Council Approval Date: Date Issued: