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07/10/1990 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING JULY 10, 1990 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) T, I III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) IV. 6:55 - CONSENT AGENDA (PINK) A. PERSONNEL ITEMS pB. LICENSES, PLUMBERS 1 (� C. LICENSE, Gambling Renewal, Burnsville Optimist Club & Waiver of Waiting Period D. APPLICATION for Exemption from Gambling License for Dakota, Inc., & Wavier of Waiting QPeriod P•1 E. LICENSE, Cigarette, Cheers Wine & Spirits, 1970 Rahncliff Court F. CONTRACT 89-19, Change Order #1 Deduct, Parking Lot and Pedestal Lighting (� G. CONTRACT 89-19, Acknowledge Completion/Final Payment, Parking Lot and Pedestal Lighting H. CONTRACT 90-01, Receive Bids/Award Contract, Parks Development ',$I. RATIFICATION, Ice Arena Committee Member Appointments k'JJ. FINAL PLAT, Peaceful Heights Second Addition Flk�K. CONTRACT 89-13, Approve Change Order #1 (Water Treatment Plant) L. CONTRACT 89-3, Receive Bids/Award Contract (Maintenance Facility Expansion) ,2..%K. CONTRACT 90-7, Approve Change Order #1 (Street & Trails Sealcoating) ,i+P. PROJECT 88-N, Acknowledge Completion for City Maintenance (Berry Ridge Addition - Utilities) 1,•s! 0. CONTRACT 90-08, Approve Plans/Authorize Advertisement for Bids (Sibley Ternimal Q' Industrial Park - Storm Sewer) P. CONTRACT 89-05, Approve Easement Acquisition Agreement (Lot 3, Block 1, Joseph Spande 1st Addition) 2,4Q. VACATE Drainage & Utility Easement, Receive Petition/Set Public Hearing (Lots 3 & 4, Block 1, Sibley Terminal Industrial Park) ,ZR. BUDGET for Black Dog Water Management Commission S. BUDGET for Gun Club Lake Water Management Organization V. 7:00 - PUBLIC HEARINGS (SALMON) P. A. PROJECT 466, Final Assessment Roll, Pilot Knob Road - Streets and Utilities 1, VI. OLD BUSINESS (ORCHID) A. LANDSCAPE ORDINANCE AMENDMENT, City of Eagan, Amending Eagan City Code, Chapter 6, Q • Entitled "Other Business Regulation and Licensing," by amending Section 6.43 Regarding VV Tree Maintenance Contractors' Licensing, and Chapter 7, Entitled "Streets and Sidewalks," by amending Section 7.08 Regarding Regulation of Grass, Weeds, Trees, and Landscaping, and by Adopting by Reference, Eagan City Code, Chapter 1, and Sections 6.99 and 7.99 �r �j�► B. REZONING, Area C, Multifamily Residential Land Study/City of Eagan, of Approximately 6 Acres from PD -R-4 (Planned Development - Multifamily Residential) to PD -R-3 (Planned Development - Townhouse Residential). Property located in southwest corner of Pilot Knob Road and Lone Oak Road in the NE 1/4 of Sec 9 '5Q C. REZONING, Area R, Multifamily Residential Land Study/City of Eagan, of Approximately �. 53.5 Acres from R-4 (Multifamily Residential) to R-1 (Single -Family Residential) and Approximately 6 Acres from R-4 (Multifamily Residential) to PF (Public Facilities) and a COMPREHENSIVE GUIDE PLAN AMENDMENT to Change the Land Use Designation of Approximately 14 Acres from D -II (Mixed Residential) to D -I (Single Family), Approximately 39.5 Acres from D -III (Mixed Residential) to D -I, and Approximately 6 Acres from D -III to P (Parks, Quasi Public). Property Located Along Johnny Cake Ridge Road South of Diffley Road in the NW and SW Quarters of Sec 28 and NW 1/4 of Sec 29 VII. NEW BUSINESS (TAN) %A. APPOINTMENT, Advisory Parks & Recreation Commission B. RESIGNATION/APPOINTMENT, Solid Waste Abatement Commission ej(C. AUTHORIZATION, Additional Consultant Cost, Corridor Task Force Meetings p• RENEWALS, 1990 Trailers 1l06E. REVISED -Standard Conditions of Plat Approval �e F. SPECIAL USE PERMIT, Steini jer Construction, to Allow Continued Concrete Recycling to in a LI (Limited Industrial Zoned District G. VARIANCE, Tim Cameron, to Allow a 12' Variance to the 30' Setback for a Screen Porch 1 1to be Located at 1918 Bear Path Trail, Lot 1, Block 3, Suncliff First Addition H. CONDITIONAL USE PERMIT, R & B Investors, to Allow a Pylon Sign in a CSC (Community Shopping Center) District Located Along the South Side of Duckwood Drive in the NW Q 1/4 of Sec 15 CONDITIONAL USE PERMIT, Broadway Pizza, to Allow On -Site 3.2 Beer and Wine in a CSC (Community Shopping Center) District Located Along Rahn Road and Beau D'Rue Drive in the NE 1/4 of Sec 19 �-4.3J. RELOCATION of Beer and Wine License for Broadway Pizza, to 3902 Beau D'Rue Drive 1,4 K. ORDINANCE AMENDMENT, City of Eagan, Amending Chapter 11 and 13 of the Eagan City Code Pertaining to General Requirements "Past Delinquent Bills" L. PRELIMINARY PLAT, The Oaks of Bridgewater/Sienna Corporation, Consisting of 59 Single QFamily Lots on Approximately 37 Acres Located South of Wescott Road and West of Elrene Y Road in the NE 1/4 of 23 and the NW 1/4 of Sec 24 ,kl�\ M. COMPREHENSIVE GUIDE PLAN AMENDMENT, Southerns Lakes (Revised)/Southorn Lakes �. Partnership, Changing the Land Use Designation from D -II Mixed Residential (Approximately 13 Acres) to D -I Single Family, a REZONING of 13 Acres from A (Agricultural) to Single Family, a PRELIMINARY PLAT Consisting of 13 Lots Located in the SW 1/4 of Sec 25, East of Highway 3 and North of Cliff Road and CLARIFICATION of Joint Powers Agreement VIII. ADDITIONAL ITEMS (GOLD) IR. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) RI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCH-MEMBERS FROM: CTrY AD TOR HEDGES DATE: JULY 6, 1990 SUBJECT: AGENDA INFORMATION FOR JULY 10, 1990 CITY COUNCIL MEETING ............ .......... After approval is given to the July 10, 1990 City Council agenda and regular meeting minutes for June 19, 1990 and special meeting minutes for June 26, 1990, the following items are in order for consideration: gg I ----------- At this time there are no items to be considered under Department Head Business. Agenda Information Memo July 10, 1990 City Council Meeting NS9W.W There are nineteen (19) items on the agenda referred to as Consent Items requiring one (l) 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 Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Utility Maintenance Worker—The new opening for a utility maintenance worker (as approved in the 1990 budget) was advertised in the Minneapolis and St. Paul papers, local papers for municipalities located south of and just north of the Minnesota/ Mississippi rivers, and in the Minnesota Women's Press. Posting notices were also sent to the State Job Service, to metropolitan area municipalities and to the regular list of minority organizations. The City also notified the water and wastewater technical school in St. Cloud. The City received 33 applications for the position. After reviewing qualifications as listed on the applications, 12 applicants were invited to the Eagan Municipal Center for a work related written test. From those test results, three applicants were selected for interviews. The interviews were conducted by Superintendent of Utilities Connolly, Utility Supervisors Heuer and Schwanz, and Assistant to the City Administrator Duffy. It was their unanimous recommendation that the position be offered to Rodney Johnson, contingent upon the successful completion of the City's physical examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Rodney Johnson as a utility maintenance worker for the City of Eagan subject to successful completion of the City's physical examination requirement. Item 2. Seasonal Ballfield Attendant—Due to a resignation and because of the long period between Council meetings, it has been necessary for City Administrator Hedges to approve the hiring of a replacement seasonal ballfield attendant. The person approved to fill the position is Tamera Perry. This item is informational and no action is required on the part of the Council. Item 3. Seasonal Recreation Workers—Due to resignations and the long time period between Council meetings, it has been necessary to approve the hiring of replacement seasonal recreation workers. The persons hired are Ross Anderson and Rebecca Peglar. In addition, Tracy Hosier has been approved by City Administrator Hedges to change positions from recreation assistant to recreation leader. This item is informational and no action is required on the part of the City Council. 0 Agenda Information Memo July 10, 1990 City Council Meeting Item 4. Temporary Clerical Worker/Maintenance Facility—Due to vacation schedules and a number of new computer programs, it was necessary for City Administrator Hedges to approve the hiring of a temporary clerical worker for the maintenance facility for a short period of time. The temporary clerical worker is Gweneth Hanson. This item is informational and no action is required on the part of the City Council. Item 5. Compensation Step Adjustment Police/Police Lieutenants and Captain—It has been the policy of the City of Eagan that supervisors are placed at a higher level of compensation than those employees they supervise. The City's compensation system is designed to reflect at least an 8% differential. It has sometimes been necessary in the past to adjust a supervisor's compensation level due to a settlement with a collective bargaining unit when that supervisor supervises employees in the collective bargaining unit. Due to the recent settlement with the Police Sergeants' collective bargaining group, it is now necessary to adjust the compensation level of the Police Lieutenants and the Police Captain. It is the recommendation of the City Administrator that both the lieutenants and captain be assigned to step 5 of their current respective compensation ranges. The result of this move will be that each supervisor will make approximately 8% more than the employees he supervises. This adjustment should be retroactive to January 1, 1990, as was that of the Police Sergeants. ACTION TO BE CONSIDERED ON THIS ITEM: To approve assigning the Police Lieutenants and Police Captain to step 5 of their respective compensation ranges retroactive to January 1, 1990. Item 6. Hearing Conservation Program Agreement/Bloomington Public Health Service— The City of Eagan annually contracts with the Bloomington Public Health Service of the City of Bloomington to provide required OSHA hearing testing and education for all maintenance employees. At this time, it is appropriate that the Council approve the 1990 contract with the public health service in the amount of $2,375. ACTION TO BE CONSIDERED ON THIS FrEM: To approve the hearing conservation program agreement between the City of Eagan and the Bloomington Public Health Service. 3 Agenda Information Memo July 10, 1990 City Council Meeting PLUMBERS LICENSES B. Plumbers Licenses—According to City Code regulations, plumbers licenses are renewed on an annual basis. Enclosed on page ,- are those companies that are performing a plumbing service within the City of Eagan whose license application should be considered at this City Council meeting. All license applications have been reviewed and are in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. 4 PLUMBERS LICENSES JULY 10, 1990 1. Berqual Plumbing 2. Loren Brown Plumbing 3. Kelly Plumbing & Heating, Inc. 4. New Mech Companies, Inc. 5. The Plumbers Mechanical Contractors, Inc. 6. Tim's Quality Plumbing s Agenda Information Memo July 10, 1990 City Council Meeting GAMBLING LICENSE RENEWAL-IBURNSVILLE OPTIMIST CLUB C. License, Gambling Renewal, Burnsville Optimist Club and Waiver of Waiting Period - On June 15, 1990, the City of Eagan received an application from the Burnsville Optimist Club to renew their gambling license. The application is enclosed without page number for the Council's information. The Burnsville Optimist Club has operated pull -tabs at Richard's Food and Liquor since September 1, 1989. They have provided monthly reports as required to the City and have already distributed thousands of dollars to local community organizations. (The next financial report will be sent to the Council in October.) The renewal will be effective September 1, 1990. The Burnsville Optimist Club has also requested a waiver of the 60 day waiting period in order that the license can become effective on September 1, 1990. ACTION TO BE CONSIDERED ON THIS UEM: To approve the renewal application for the Burnsville Optimist Club gambling license and to waive the 60 day waiting period. EXEMPTION FROM LAWFUL GAMBLING 1LjCENSEjQAK9T& INC. D. Application for Exemption from Gambling License for Dakota, Inc., and Waiver of Waiting Period—The City has received an application for exemption from a gambling license from Dakota, Inc. Dakota, Inc., is a non-profit organization which serves people with developmental disabilities. The application is enclosed without page number for the Council's information. The exemption from gambling license is requested in order that Dakota, Inc., may raffle donated prizes at a fund raiser to be held at Blue Cross and Blue Shield in Eagan on August 18 and 19, 1990. Because of a tight time frame, the organization is also requesting a waiver of the 30 day waiting period. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an exemption from a gambling license for Dakota, Inc., for a fund raising raffle to be held at Blue Cross and Blue Shield on August 18 and 19, 1990 and to waive the 30 day waiting period. Agenda Information Memo July 10, 1990 City Council Meeting CIGARETTE LICENSEICHEERS WINE & SPIRITS E. License, Cigarette, Cheers Wine & Spirits, 1970 RahncUff Court --The City of Eagan has received an application for a cigarette license from Scott Kruger for Cheers Wine & Spirits located at 1970 Rahncliff Court. The license as applied for is for over-the-counter sales only. The license is in order for consideration at this time. A copy of the application is enclosed without page number for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a cigarette license for Cheers Wine & Spirits, 1970 Rahncliff Court, for over-the-counter sales only. CONTRACT 89-19/CHANGE ORDER #1 F. Contract 89-19, Change Order #1 Deduct, Parking Lot and Pedestal Lighting -- Vandalism occurred during the construction of lighting at Thomas Lake Park. The City purchased replacement lamps and lens at a total replacement cost of $441.45. The actual responsibility for this expense rests with the contractor, Corrigan Electric Company. Therefore, it is necessary, at this time, to approve a Change Order for Contract 89-19 in the amount of a deduction of $441.45. Enclosed for the Council's information on pages through —I— is a copy of a memorandum from Director of Parks and Recreation Vraa regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 - deduction to Contract 89-19 in the amount of $441.45 for the replacement cost of lamps and lens. (This Change Order #1 is included in the next Council item, Request for Payment #2/Final Payment. If for any reason this Change Order is not approved by Council action, the action on the Request for Payment should be discontinued at this time.) MEMORANDUM TO: /TORI HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JUNE 26, 1990 RE: CHANGE ORDER FOR CONTRACT #89-19 PARKING LOT ANBD PEDESTAL LIGHTING During the construction process of lighting at Thomas Lake Park, vandalism has occurred to nine pedestal lamps and lens. Our attorneys have reviewed the General Conditions to verify- the responsibility of materials furnished by the owner until final acceptance. It was determined that the responsibility for replacement costs rests with the contractor, Corrigan Electric Company. The City purchased the replacement lamps and lens at a total replacement cost of $441.45. FOR COUNCIL ACTION To approve Change Order #1 - Deduction to Contract 89-19 in the amount of $441.45 for the replacement cost of lamps and lens. This Change Order #1 is included in Request for Payment No 2/Final Payment. If for any reason this Change Order is not approved by Council, please discontinue action on Request for Payment No.2/Final Payment. KV/nh CHANGE ORDER IMPROVEMENT CONTRACT 89-19 CITY OF EAGAN JUNE 26, 1990 CHANGE ORDER #1 DESCRIPTION OF WORK This Change Order provides deduction to the Contractor for costs incurred for the replacement of vandalized lamps and lens at Thomas Lake Park. Deduction shall be in Accordance with the following line items: THOMAS LAKE PARK Change Order Item Sylvania Lamps Cat. H43AV-75/DX Lens for Kim H.I.D. Pathlighter 3094/75 MV 120 Unit Price Ouanti Total Each $26.55 9 $238.95 Each $22.50 9 $202.50 Total Amount CHANGE ORDER SUMMARY TOTAL CHANGE ORDER 441.45 ORIGINAL CONTRACT AMOUNT $18,007.00 CHANGE ORDER #1 - DEDUCTIONS 441.45 REVISED CONTRACT AMOUNT: $17,565.55 APPROVED BY: Corrigan Electric Company APPROVED BY: City of Eagan, Minnesota Maw Clerk Distribution: City of Eagan Contractor: Corrigan Electric Com any Date Date Date $441.45 Agenda Information Memo July 10, 1990 City Council Meeting CONTRACT 89-191'FINAL PAYMENT G. Contract 89-19, Acknowledge Completion -Final Payment, Parking Lot and Pedestal Lighting --If the preceding item regarding a Change Order to Contract 89-19 is approved in Council action, this item is in order for consideration. Staff has inspected all work specified by Improvement Contract 89-19 and found it to be complete. The scope of work includes the lighting of parking lots at Thomas Lake and George Ohmann Parks and pedestal lighting at Thomas Lake Park. It is now appropriate for the Council to accept the improvement and authorize final payment of Improvement Contract 89-19 to Corrigan Electric Company in the amount of $565.55. This amount does take into consideration the deduct authorized with the previous item. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Improvement Contract 89-19 and to authorize final payment of the contract to Corrigan Electric Company in the amount of $565.55. CONTRACT 90-OURECEIVE BIDSIAWARD CONTRACT H. Contract 90-01, Receive Bids/Award Contract, Parks Development --At 1:30 p.m. on Thursday, July 5, formal bids were received for Improvement Contract 90-01 which involves park development in Wescott Station Park, Carlson Lake Park, Bur Oaks Park, Trapp Farm Park, Bridle Ridga Park, Coventry Pass Park and Woodhaven Park. Enclosed on pages It through (Z is a copy of a memo from the Parks and Recreation Department regarding this item and a tabulation of the bids received. All bids will be reviewed for accuracy and compliance with the specifications and any deviations will be addressed at the Council meeting on July 10, 1990: ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 90- 01 (Park Development), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. ro MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR OF PARKS & RECREATION FROM: STEPHEN SULLIVAN, LANDSCAPE ARCHITECT/PARKS PLANNER DATE: JULY 5, 1990 RE: AWARD CONTRACT 90-1 Sealed bids were received and read at 1:30 on July 5, 1990 for Improvement Contract 90-1. Seventeen plan sets were distributed with five bids being submitted. This project includes the improvement of seven parks within the City of Eagan. These parks are: Wescott Station Park, Carlson Lake Park, Bur Oaks Park, Trapp Farm Park, Bridle Ridge Park, Coventry Pass Park and Woodhaven Park. The work consists of grading, utilities, trails, parking lots, hard court play areas, playgrounds perimeter curbing and turf establishment. The Landscape Architect's estimate for these improvements is $280,000.00. Total project base bids ranged from $262,764.25 to $373,474.00. (See attached bid tab). The bidders also submitted four alternate bids as follows: Alternate #1/Subgrade Excavation Alternate #2/Granular Fill Borrow Alternate #3/Topsoil Borrow Alternate #4/Carlson Lake Park/West Staff's review of the low bidders total project base bid of $262,764.25 is below the Landscape Architect's estimate by 6% and reflective of typical developmental costs. The alternate bid results are good values, but do not meet the developmental priorities for the park system. Bituminous Roadways Incorporated, the low bidder, is a reputable contractor with qualifications to successfully complete this contract. RECOMMENDATION Staff recommends that the City Council award Improvement Contract 90-1 to Bituminous Roadways Incorporated in the amount of $262,764.25. SS/bls BID SUMMARY IMPROVEMENT CONTRACT W1 1990 CONTRACTOR BASE BID ALT. I ALT.2 ALT.3 EN R. S(i;I EMSTERp 2 �1Rpi(T6 E JTA Alber Construction Alexander Construction Barber Construction 4!5t3 313 2O2 � 32� 425b 23,i�t Bituminous Roadways t30 2(�2 Carl Bolander & Sons r. Brown & Cris E13 S.Ar-7 A, Central Landscaping l3tEN '272,-T-77 rC-(1--CA (2R 1� -rv) Davies Water Equipment DLR Excavating, Inc. Elk River Concrete Products McNamara Contracting, Co. Munn Blacktopping Nyen Excavating, Inc. Park Construction Pine Bend Paving, Inc.g Valley Paving, Inc. Water Prod. Co. of MN Agenda Information Memo July 10, 1990 City Council Meeting RATIFICATION CE ARENA COMMITTEE APPOINTMENTS I. Ratification, Iee Arena Committee Member Appointments --In official action at the June 5, 1990 Eagan City Council meeting, a list of members of the Ice Arena Committee were approved by the City Council. Also in official action at that Council meeting, the Council indicated that membership on this Committee would be open for application until June 27, 1990, in order to give additional residents who are interested in serving on the Committee time to so indicate. Since the June 5, 1990 Eagan City Council meeting, the City has received a number of applica ions from people desirous of membership on the Committee. Enclosed on page for the Council's information is a list of those persons. Also enclosed on pages _ZS:' through L(v are two letters relating to two of those interested persons. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the persons listed on the attached list as members of the Eagan Ice Arena Advisory Committee. )_3 CITIZENS TASK FORCE ICE ARENA FACILITY Gary Fuchs Chair Frank J. Potocnik Vice Chair Jack Johnson Advisory Parks & Recreation Rep Mark Miller Advisory Planning Rep Bea Blomquist Chamber of Commerce Rep Brian Johnson Eagan High School Rep John Glynn Richard Hansen Floyd A. Hiar Mark Johnson Thomas F. Karner Bryan Karrick Tom Kranz Doug Lee Jan Linton Alan Menning Jim Runkle John Scharffbillig Jerry Thompson Kristen A. Willson Tom Wilson WEST ST. PAUL Serving NORTHERN DAKOTA COUNTY CHAMBERS OF COMMERCE 1301 Corporate Center Drive #1116 Eagan, Minnesota 55121 612-452-9872 Eagan Chamber of Commerce Mendota Heights Chamber of Commerce Rosemount Chamber of Commerce West St. Paul Chamber of Commerce and the Cities of Lilydale, Mendota and Sunfish Lake June 21, 1990 Mr. Tom Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, Mn 55122 Dear Tom: �7 L LSI n i ,III' I JUN 2 519.0 I would like to ask you, Mayor Egan and the members of the City Council to consider Bea Blomquist for appointment to the Ice Arena Committee. The Eagan Chamber of Commerce would like to have its interests represented on this task force. Thank you for your consideration. Sincerely, Daniel A. Aberg� Executive Director cc: Bea Blomquist A u- IG Agenda Information Memo July 10, 1990 City Council Meeting FINAL PLAT,+T'EACEFUL HEIGHTS SECOND ADDITION J. Final Plat, Peaceful Heights Second Addition --All documents relative to the final plat for Peaceful Heights Second Addition, including the development agreement, have been processed by both the applicant and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented for approval at the July 10, 1990 City Council meeting. If there are reasons that the final plat should be removed from the agenda, a recommendation will be made at the time the agenda is adopted for the meeting. Enclosed on page o is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Peaceful Heights Second Addition. m X W b! 0 c all !i; ; Q----�� `--- Z ____�_ r ■ f t. i� / ` 1 is IVVVI I\ b! Agenda Information Memo July 10, 1990, City Council Meeting APPROVE CHANGE ORDER #1 (WTR TREATMENT PLANT) K. Contract 89-13, Approve Change Order #1 (Water Treatment Plant) --As the Council may recall, with the receipt of bids for the Cliff Road Water Treatment Plant, the specifications allowed for the low bidder to offer an alternate to the supervisory control system necessary to run this treatment plant in a semi-automatic mode. When the bids were received for consideration on June 19, the base specified system (Aquatrol) had raised concerns about the City potentially accepting an alternate system (Custom Control Technologies, Inc.). Subsequently, the City Council awarded the contract to the base bid supplier with staff's assurance that further evaluation would be given to the potential alternate due to the substantial savings to the City of the accompanying deduct offered ($95,000). Since June 19, City staff and the consulting engineer have had several meetings and discussions with representatives from the base bid supplier (Aquatrol) and the alternative system (Custom Control Technologies, Inc.). As a result of this indepth analysis of both systems and their capabilities and compatability with our existing system, it is the conclusive recommendation that Custom Control Technologies, Inc., be recognized as an "equal" to the base specified supplier. Therefore, staff is presenting a change order for City Council consideration to authorize the designation of Custom Control Technologies, Inc., to provide the supervisory control system for the new Water Treatment Plant facility for a deduct of $95,000 from the base bid contract. All concerns addressed by Aquatrol regarding the compatability of this alternate system have been reviewed in detail and found to be insignificant if they might exist at all. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 89-13 (Water Treatment Facility) and authorize the Mayor and City Clerk to execute all related documents. RECEIVE BIDS/AWARD CONTRACT (MAINTENANCE FACILITY EXPANSION) L. Contract 89-03, Receive Bids/Award Contract (Maintenance Facility Expansion) --On Friday, June 29, at 2:00 p.m., formal bids were received for the expansion and remodelling of the Maintenance Facility. Enclosed on page ?/ is a summary tabulation of the bids received. On April 3, the City Council received the implementation report which identified the ultimate expansion needs of the Maintenance Facility operation along with a financial report by the Director of Finance indicating how these improvements could be paid for. As a result of reviewing this information, the City Council determined that it would not be practical to construct all the improvements at one time but rather to implement them over three distinct phases over the next ten years. Subsequently, the first phase was approved which provided for the expansion of the Maintenance Facility 1� Agenda Information Memo July 10, 1990, City Council Meeting administrative area, vehicle maintenance facilities and cold storage building. The estimated construction cost for the approved first phase was $630,300. Realizing that the approved 1990 Budget provided for $449,000, it was determined that the additional $181,300 needed would be financed by the Water & Sanitary Sewer Utility Enterprise Fund as a part of the 1991 Budget process. As can be seen by the bids submitted, the low bid is $65,526 (10.4%) over the estimated construction cost contained in the architect's feasibility report. This would require the amount to be financed out of the 1991 Utility Enterprise Fund to be increased from $181,300 to approximately $247,000. A preliminary review of the 1991 Budget request for the Sanitary Sewer and Water Utility Enterprise Fund indicates that this increase would not have a significant impact on the budget due to no other significant capital expenditure items being requested. In reviewing the bids submitted in relationship to the proposed expansion, the only feasible alternative would be to delete the interior improvements for the west wing proposed for material storage and construct the outer shell only with future internal improvements being scheduled over the years and financed incrementally through future annual budget requests. However, recognizing the economies of scale and disruption associated with continuous expansion along with the significant delays associated with rebidding the project to accommodate this deletion, it is recommended that this alternative not be considered. The Public Works Director will be available to answer further questions that may be associated with this contract award process. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 89- 3 (Maintenance Facility Expansion) and award the contract to Shaw Lundquist, Inc., for $577,000 for stage one (Maintenance Facility Expansion), and to West Bend American Building, Inc., in the amount of $118,820 for stage two (cold storage facility) and authorize the Mayor and City Clerk to execute all related documents. MAINTENANCE FACILITY EXPANSION SALT STORAGE EXPANSION CONTRACT #89-03 CITY PROJECT #559 EAGAN, MINNESOTA 1990 CONTRACTORS TOTAL BASE BID 1. West Bend Am. Bldg. $ 118,820.00 2. Park Layne Const. 155,450.00 3. Met Con Metro, Inc. 156,785.00 LOW BID $ 118,820.00 Feasibility Report Estimate $ 125,000.00 % Over (+) Under (-) F.R. - 4.9% �I BID TIME: 2:00 P.M. BID DATE: FRI., JUNE 29, 1990 MAINTENANCE FACILITY EXPANSION - (STAGE I) CONTRACTORS TOTAL BASE BID 1. Shaw -Lundquist $ 577,000.00 2. Steenberg -Henkel 594,000.00 3. Meisinger Constr. 594,100.00 4. Kratochvil Constr. Co. 596,200.00 5. G.W. Olsen Constr. 603,000.00 6. C.O. Field Co. 614,800.00 7. Met Con Metro, Inc. 628,500.00 8. Falls & Nyhusmoen Constr. 639,600.00 9. Merrimac Construction 640,350.00 LOW BID $ 577,000.00 Feasibility Report Estimate $ 505,294.00 Over (+) Under (-) F.R. + 14.2% SALT STORAGE BUILDING - (STAGE II) CONTRACTORS TOTAL BASE BID 1. West Bend Am. Bldg. $ 118,820.00 2. Park Layne Const. 155,450.00 3. Met Con Metro, Inc. 156,785.00 LOW BID $ 118,820.00 Feasibility Report Estimate $ 125,000.00 % Over (+) Under (-) F.R. - 4.9% �I Agenda Information Memo July 10, 1990, City Council Meeting APPROVE CHANGE ORDER #1 (ST & TRAIL SEALCOATING) M. Contract 90-07, Approve Change Order #1 (Street & Trail Sealcoating)--Due to budget restrictions associated with the 1990 budget year, the sealcoating program had to be reduced to a $100,000 budget. Subsequently, the staff reduced the scope of the sealcoating program to fit this budget amount. However, as a result of the bids received on June 15, 1990, and presented to the City Council on June 19, 1990, the bid unit prices were substantially lower than City staff had estimated for budgeting purposes. Subsequently, the low bid received was $27,000 under the budgeted amount of $100,000. This favorable bid would allow the City to sealcoat an additional 76,000 square yards under this contract which would greatly minimize the setback to the sealcoating program associated with recent budgetary constraints. The additional areas to be sealcoated are basically the Greensboro Addition north of Wescott Road and east of Lexington Avenue along with Eagandale Boulevard, Denmark Avenue and Town Centre Drive within the commercial/industrial areas. By approving this change order, staff will be able to include these additional streets in the 1990 program, where they were originally intended, rather than delaying them while still staying within the reduced budget allocation. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 90-07 (Street & Trail Sealcoating) to allow an additional 76,000 square yards of sealcoating as indicated and authorize the Mayor and City Clerk to execute all related documents. ACKNOWLEDGE COMPLETION FOR CITY MAINTENANCE (BERRY RIDGE ADDN - UTILITIES) N. Project 88-N, Acknowledge Completion For City Maintenance (Berry Ridge Addition- -Utiltities)--With the replatting of the Berry Ridge Addition located south of Berry Ridge Road and east of Hilltop Plaza from the proposed multiple density dwelling units to single- family residential, various internal sewer and water utility mains had to be relocated to accommodate the change in lot lines. This work has been completed by the developer in compliance with the approved plans and specifications, inspected by City personnel and found to be in order for acknowledgement of completion for perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project 88-N (Berry Ridge Addition - Utilities) and authorize perpetual City maintenance. a� Agenda Information Memo July 10, 1990, City Council Meeting APPROVE PLANSIAUTHORIZE AD FOR BIDS (SIBLEY TERMINAL INDUSTRIAL PK - STORM SEWER) O. Contract 90-08, Approve Plans/Authorize Ad For Bids (Sibley Terminal Industrial Park - Storm Sewer) --With the progression of the easement acquisition process allowing for the right -of -entry being provided to the City on October 6, 1990, it is now timely for the City to consider approving the plans and specifications for the installation of storm sewer through this industrial park and authorize the advertisement for competitive bids to allow this work to be completed this fall. As a result of the public hearing held on December 5, 1989, these plans and specifications have been prepared in accordance with City standards and the concept associated with correcting the drainage problems in this area. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 90-08 (Sibley Terminal Industrial Park - Storm Sewer) and authorize the advertisement for a bid opening to be held at 10:00 a.m., on Friday, August 3, 1990. APPROVE EASEMENT ACQUISITION AGMT (LOT 3, BLOCK 1, JOSEPH SPANDE 1ST ADDN) P. Contract 89-05, Approve Easement Acquisition Agreement (Lot 3, Block 1, Joseph Spande 1st AdditionO--Contract 89-05 provides for the installation of streets and utilities along Skyline Road. Part of this project provides for the acquisition of a drainage and flowage easement across several downstream properties to accommodate the storm water runoff resulting from the installation of the storm sewer system. The property owners of Lot 3, Block 1, Joseph Spande 1st Addition (Todd and Constance Reid) have agreed to grant the required easements to the City in an amount determined equitable by the City Attorney's Office. However, they also have requested that a formal agreement be executed with the City delineating the City's maintenance and repair responsibilities associated with this drainage way. These maintenance responsibilities are those that are normally required under State Statutes and do not obligate the City to anything more than what is normally required. However, the execution of this agreement requires formal approval by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Easement Acquisition Agreement for Contract 89-05 (Skyline Road - Streets & Utilities) for Lot 3, Block 1, Joseph Spande 1st Addition and authorize the Mayor and City Clerk to execute all related documents. a3 Agenda Information Memo July 10, 1990, City Council Meeting VACATE DRAINAGE & UTILITY EASEMENT SIBLEY TERMINAL IND. PK. Q. Vacate Drainage & Utility Easement, Receive Petition/Set Public Hearing (Lots 3 & 4, Block 1, Sibley Terminal Industrial Park)--Safety-Kleen Corporation, owners of Lots 3 and 4, Block 1, Sibley Terminal Industrial Park have requested that the existing 20 foot drainage and utility easement located over the common lot line be vacated to accommodate an expansion of their facility. Presently, there is a storm sewer facility located within this drainage and utility easement that will be abandoned upon the completion of the storm sewer improvements associated with Contract #90-08 explained earlier on the agenda. Therefore, it would be appropriate to receive the petition and schedule a public hearing to formally consider comments associated with this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a drainage and utility easement (Lots 3 & 4, Block 1, Sibley Terminal Industrial Park) and schedule a public hearing to be held on August 21, 1990. APPROVE BUDGET FOR BLACKDOG WATER MGMT COMMISSION R. Approve Budget For Blackdog Water Management Commission --The City has received notice from the Blackdog Water Management Commission informing us of their proposed adoption of their 1991 Budget. In accordance with the Joint Powers Agreement between all communities comprising this Water Management Commission, each city council is provided an opportunity to review proposed budgets. Of the $66,000 proposed budget for 1991, the City of Eagan's share would be approximately $251 due to our very small proportionate area. The Director of Public Works serves as an Alternate to the Board of Managers and has reviewed the proposed budget and has recommended it for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1991 Budget for the Blackdog Water Management Commission. a ¢ Agenda Information Memo July 10, 1990 City Council Meeting APPROVE BUDGET FOR GUN CLUB LAKE MGMT ORGANIZATION S. Approve Budget For Gun Club Lake Water Management Organization --In accordance with the Joint Powers Agreement entered into by all communities comprising the Gun Club Lake WMO, an annual budget has to be prepared and submitted to all individual communities for their review and consideration. The proposed Gun Club WMO Budget for 1991 is $11,200 of which Eagan's share would be $9,520. This amount has been anticipated and proposed in the 1991 General Fund Budget submittal. The Director of Public Works is Chairman of the WMO organization and along with John VonDeLinde and LuAnn Alderks, support this budget for Council consideration. This proposed 1991 Budget is a reduction of 55% from the 1990 contribution requirement of $17,408. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1991 Gun Club WMO budget. Agenda Information Memo July 10, 1994 City Council Meeting PRO T 466, PILOT KNOB ROAD FINAL ASSESSMENT HEARING A. Project 466, Final Assessment Roll, Pilot Knob Road - Streets and Utilities --On June 5, 1990, the City Council ordered a public hearing to review the final assessment roll for the upgrading of Pilot Knob Road from I -35E to Rebecca Lane, south of Cliff Road. Enclosed on pagea is a summary tabulation of the final assessments as compared to those estimated in thasibility report presented at the public hearing held on December 16, 1986. The final assessment rates associated with the street improvement are the same as the predetermined zoning equivalent contained in the feasibility report. There are some sanitary sewer and water laterals along with individual services that were installed to several different parcels where the need was determined during the final detail design and/or construction at the concurrence of the benefitting property owner. The final storm sewer lateral assessment rates ended up higher than those estimated in the feasibility report due to an increase in the construction and related overhead costs of the final storm sewer system and a reduction in the assessable area based on final curve s of the drainage boundary serviced by the storm sewer system. Enclosed on pager) Xs a cost analysis of the lateral storm sewer system which helps to identify the various costs and assessable areas as well as a comparison of the rates. Enclosed on pages° ,-i' through . %"is a letter received from the property owner in o P P Twin View Manor objecting to his inclusion in the assessable area for lateral storm sewer. Other property owners have contacted City staff questioning the accuracy and/or method of the assessable area within their property. Staff has been responding to these property owners on an individual basis and any appropriate corrections will be presented at the public hearing on July 10th: This project is the largest public improvement that the City of Eagan has been involved in with the exception of the Interstate. There are 509 parcels of property proposed to be assessed, a total of approximately $1.2 million. The total cost of this Pilot Knob Road improvement was $8,764,886 with the City financing $5,062,941 (57.8%) and the County financing the remainder. The remaining unassessed obligation of the City will be financed through various trunk utility and street funds. All notices have been published in the legal newspaper and sent to all property owners informing them of this public hearing pertaining to the adoption of the final assessment roll. Any other objections received will be forwarded to the City Council or discussed during the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 466 (Pilot Knob Road -Streets and Utilities) and authorize the certification to the County. FINAL ASSESSMENT SEARING PROJECT NUMBER: 466 ASSESSMENT HEARING DATE: July 10, 1990 SUBDIVISION/ARF,A•Pilot Knob Road PUBLIC HEARING DATE: December 16, 1986 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. - Feasibility Report FINAL F.R. SANITARY SETTER RATES a RATES ❑ Trunk $5,907.05/Parcel -0- Q Laterals $6,407.26/Parcel -0- service ❑ Lat. Benefit/ Trunk PATER ❑ Trunk ® Laterals $3,837.18/Parcel -0- ® Service $1,057.19/Parcel - - ❑ Lat. Benefit/ Trunk ❑ WAC SERVICES ❑ Water & San. Sewer CONTRACT OF INTEREST N0. PARCELS TERMS RATE County 31-21 509 10 Yrs. 9 % COMMENTS: FINAL F.R. STORM SEVER RATES _ RATES ❑ Trunk _ X❑ Laterals ❑ Lat. Benefit/ Trunk 'it: :�J/, :4, STREETS ❑ Gravel Base ❑ Surfacing 0. 0 001 17.722//ff 17.72/ff ® Res. Equiv. Regi 3r 5=44 ff -15_/A6.1ff Multi Equiv. $66.53/ff $66-53/ff 0 C/I Equiv. $82.37/ff $8 7/ff__ © Trail $12.40/ff $1 .40/ff STREET LIGHTS ❑ Installation ❑ Energy Charge AMOUNT ASSESSED $1,199,375- -A 5 CITY FINANCED PROJECT 466 LATERAL STORM SEWER COST ANALYSIS ASSESSMENT RATES • Single Family (S.F.) $ .12/s.f. $ .19/s.f. + 58% • Multi Family (M.F.) $ .15/s.f. $ .25/s.f. + 67% • Commercial/Right- of-Way(C/R) $ .18/s.f. $ .29/s.f. + 61% Feasibility Final Assmt. _ Report Roll % Diff. Construction Cost $ 780,000 $1,081,645 + 38.7% Overhead $ 195,000 (25%) $ 486,740 (45%) +149.6% Right-of-Way/Easements -0- X218,348 (20€) n a TOTAL COSTS 975.000 1 786 733 + 83.3% Assessable Area 1,854,510 s.f. 1,476,702 s.f. - 20.4% Right -of -Way 3,510,000 s.f. 4,673,326 s.f. + 33.1% TOTAL AREA 5,364,510 s.f. t 6,150,028 s.f. + 14.6$ Special Assessments $ 343,200 $ 340,469 - 0.7% Major Trunk Funds 6 631.800 $L446,237 +128.9% TOTAL REVENUE 975 000 81,786.733 ASSESSMENT RATES • Single Family (S.F.) $ .12/s.f. $ .19/s.f. + 58% • Multi Family (M.F.) $ .15/s.f. $ .25/s.f. + 67% • Commercial/Right- of-Way(C/R) $ .18/s.f. $ .29/s.f. + 61% AM6Pil.0p"woRO EAG4Av, MN. f1S)Z•2 To EAQ A N C i-rY Cd / c - RE: FILO,r KNOB 'RQ IMP9QVE.MEN7 pRD1E..4'��O_Py44 DeAR MADAM ANO S)R% ON Dpc.,i w, 198G we WBdr"4-u-A....AX-r.Z!Lc.It.-&Y4PRSYS 511VC OUR. Gomda RWg Agov.T rAfl s PRoJEs L'If. &_ST o.F 7-H6M J4 AV E eoM E 710 PA ss s /Nc E ritsr'N. As PReV�ausc.Y 5-M.7V D .-Cok BJGG,E'SxTGo�ls~E'�2N WAS r*&E r=Acr TIJAT WS `R12E• i3en.-JG ASSESE70-itA, SY*A.M SF'uJ679' "rER-AL FoIZTHE 5EeONo -rims. 6uRJt4.G=.mE[.M-twAR-1 k&Ak)fv4S W E WERE roLo BY PR.VVIOUS ..CaAwleiL MEMSERS .4pJ o SPEC 1 prIcgl.Ly 'ri-t / A1.4woR PoR 'r HIS AS S L Ss m fi-?J r WO VL O $ 40' _ oau c y M 41 DE O.Aic e- UV9 W EkE TOLD AT' THE o,&rA eIAJG 'TilAT._ .tom- &)Ouc.0 $6 ASSESSED '76'fp°d roR A#jcT%eq STORM sawER Mr1~RAL AS oJeawEr-trijuG PROPE-R" VagNffRS.' THE PPE, SgNT-PLAN.-ts TO-As5Es.5vla.14 . OuiZ EvEAt A Gjegjpj OF 5A ND AS r -A A,qs .fl R4 ►NJj4e Foit rw is sraam s Ewo:&* L4TeR4z. troos egom -rH=-rw,*Ar VlSLu MAAJVA PRaIE4T 45 We exPREss Eo Con+�.B. RNs, �LvS 'rpt E FftcT, 7�e PP-oJ &rCT -d4ME IN Ar A W N o'#P,Ncs (at 091SR EST/MArCS SR4's AS JX,p.e�A i -EO IN, ova i. ATTER OF 11- 16'8 7'7tl S WAS VE2Y PooRLY PLAN NEa. 106 H AVE VI Oac `s o f me PjQcvio vs sraitm SFW& R LAYECAL 8E'I4VG gvLL DoZcp AuwAy AND LAVED IN THE RoAo 860 ANO WAS LAIR, ,H4vV'6D AvvAY• 'fills 1s I-ge OMF WC HAVFNr FrNisma-0 PJ}YiNc r-vR AT PR ESFNT. W 6 D o .N O T FEE'Z T H A T -M) S PIROJ ECT W A 5 R4nr y SENar-ir 'To US.'rile �9000__woit r'k D F RooKs warRe RCMovE-p As PRCOrcTED. TffE 8LflcK rbo of E�14$ IBL -V0 wAs ogLSC 9CAldVeO A(wE Y.4VE fVbT FiNrshEo ,py,(AI6 role Ir. T►fja -r.W iC 8KoiJG.*T 8Y THL Pk&JECT LI A k.ES US UP 5T]}OZ-MNG AT SpoAm, MWAS Sv Ploo eD To 6E RUN FrER $EEc4us- vE_ WERE UP M i&HC--g mvEli RC- A-rT14cH)NG A Copy o f rH4 i.ETMR ar A SPEciAL A55CSSM.6M SuMMBRy 4 A COPY of MC PRoPBSEO �RSSF5SMEI"T. TltV K Yo v� , nr ROV'AwCx FbR 7o uR Coast oERArne iV ipt Rr r.frlN G 711JS WR0AJG .TievL-Y to v2 s x $E iowERED JMFi-&Jr oe avR PAvef; y BY ZoZ FEET . V is t d /L L I SP L ATE j/6 FiR OM CGe I vG a uA! '�o E A G A N c I Ty e D uN c I t- 0464 At M ^I s6112.2 - RE. P/1 -OT kNo$ ROAD lMPeOVElMENT D E A K M I*SDA M S I JCS .' we ivovt.D LIKE 'I'D APPIZIZ6 you of SaME m6aLEMS 1A✓E focsEE eawe , Ktim c. r1ps pleoJFGT. J• P,i.oT 11No6 IRafi4o w1 LL $E iowERED JMFi-&Jr oe avR PAvef; y BY ZoZ FEET . V is t d /L L I SP L ATE j/6 FiR OM CGe I vG a uA! P4IVEWAY 4s wEr'2ESe�tITy QqV Ob. WE WILL ##AvE Tn Ga sots .6 M, RETvkw . G ++a �E IFVEZ= 779 1 p W Ktr M t}KE . 7-HtS Wit i. APIPROX ►M A rE 40 400MONAL 17vo M146% PER yi'y4+e. A. wo' w)1 -t- tax PERiWw-LE GRE -,}r piFFicut"r'jr Ir Nor /MPosoiB/L.IT? 77Cy/w4 fo 'lift" :L A Ie N r r IZAFS G C IAJc moo#Ic,e /M 7•o o d R O et vAW t -A y AS P1QE3CNMr p�ANd ec . 3. wa w ILL Prot BE A O&C TO 04GK aur¢ Motue. T-RAicER oti rs a vie $LAf-ATOF rRD 43 eve. NAvE Tv. TuicAr 4M&UAJO A r` same. FISIA1T. . Ir AfPE/,ICS I -MAV Ma vE ra BifcK UP 44/7W 714E T*AILFT SSO"oR MORE 4. Ir ALOCI APP649 FROM iiuFo^r1A'17oAJ THAT W5- GF. #SSF:IsEA $766aa FiR 4&4 rmEOc S"AM SEW40C 4.ATMRL-4-S k • J;r N QF/TING P,e aPt A d tcJ�tJERS WS- /DOM-SeW71YHAV1= PAID AN A.5SESSA-jaWT- Fro,* JWts jpjjr2GEL. ! �� /N 19� L cpp /6x6.Go nR PvEsAwr GAss&-Vms n. J9. aAPt,rARY st�wra TRIrNK 6. �►AraQ Al2�q .. :,: . C. wArER-, $A"IrAay SEwEM it sTnKM SEWER s.AMM#gc D. 3Tei^1 S AWA -00 y-xaiv K A. GRAvEL BASE F. ST'otE>=T �ornL /bN..6a 0 ,yo o+ CAS, SEE We• AXE SC7&j` AFsassFssEa Twrc6' F&OL -VW4K S6WBIL LATZP.ALS . �f� arrt-L&LL &LQ0rj0orir"JL Ortanun curuuanz AS OF: 06/28/1990 PROPERTY ID: 10-03300-030-03 S/A# ASSESSMENT DESCRIPT. YEAR TM RATE 100304 SAN SW TR PAYOFF CD 1975 15 8.0000 100422 WATER AREA 72.41 1979 15 8.0000 100669 W, S, SS, 264 +9 198. 15 11.0000 100670 SS TR,264 737.61 1981 15 11.0000 100671 GB,264 3216.05 1981 15 11.0000 100728 ST 264B 0.00 1982 10 12.5000 1OP466 PILOT KNOB RD 0000 5 0.0000 ------ SUMMARY OF LEVIED ****** 1990 P&I CERTIFIED ------ SUMMARY OF DEFERRED ------ SUMMARY OF PENDING ------ SUMMARY OF CLOSED Press ENTER; or F1, F4, F51 F71 F8 TOTAL ANN.PRIN. PAYOFF CD 190.90 12.72 0.00 271.40 18.09 72.41 4142.29 276.15 1656.94 561.00 37.40 224.40 1311.56 87.43 524.69 3687.77 368.77 737.61 756.00 0.00 PN 10164.92 800.56 3216.05 1255.88 0.00 0.00 0.00 756.00 0.00 0.00 0.00 * S rog M S EkJEde I.ATTFW44• 4% * w AS o rERz'2.MO Tb T �r d q e5 0iN 1/1EW 2-00 4 LVALDEN mrE1GlfTs FROM OVK PRor-tRTtl To Jus Tl Ft 71,1/S f►sSESSMj-Wr. 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YEX: y FR usT,ERRr�O /iv EAG AN PRGG9,ESS FrEr 3c� YC�►lz y RE1y1q i;J' -Tummy yovreS DA r CITY OF EAGAN NOTICE OF SPECIAL ASSESSMENT Project *10P466 June 26, 1990 The KAGAN CITY COUNCIL will meet on the 10th day of July, 1990, at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan MN, to approve and adopt the listed special assessments against the following described property: 10-03300-030-03 VILLELLI ANTHONY 4765 PILOT KNOB RD EAGAN MN 55122 T:zc special assassmant3 are: TOTAL TYPE OF IMPROVEMENT VA -0 PRINCIPAL SANITARY SEWER LTRL 2065 0.00 WATER LATERAL SERVICE(WATER ONLY) STORM SEWER LATERAL STREET TRAIL TOTAL 2066 0.00 2067 0.00 2068 1216.00 2069 0.00 2070 0.00 1,216.00 ANNUAL PRINCIPAL 0.00 0.00 0.00 121.60 0.00 0.00 121.60 FIRST YEAR —INTEREST 0.00 0.00 0.00 155.04 0.00 0.00 155.04 FIRST YEAR INSTALLMENTS 0.00 0.00 0.00 276.64 0.00 0.00 276.64 You may pay any portion of these special assessments within thirty (30) days, specifically on or before the 9th day of August, 1990, without interest at the Eagan Municipal Center. If you pay after the thirty (30) day period but prior to October 15, 1990 interest will be charged from July 10, 1990 to December 31, 1990. After October 15, 1990 the first years installments cannot be prepaid and it includes interest from July 10, 1990 to December 31, 1991. Any unpaid portion will be collected in annual installments of principal and interest for the next 10 YEARS on your future property tax statements which will be issued through the Dakota County Auditor's office. The annual installments include interest at the rate of 9.0 PER CENT per year on the unpaid balance. Agenda Information Memo July 10, 1990 City Council Meeting LANDSCAPE ORDINANCE AMENDMENT /CHAPTERS 6 AND 7 A. Landscape Ordinance Amendment, City of Fagan, Amending Eagan City Code, Chapter 6, Entitled "Other Business Regulation and Licensing," by amending Section 6.43 Regarding Tree Maintenance Contractors' Licensing, and Chapter 7, Entitled "Streets and Sidewalks," by amending Section 7.08 Regarding Regulation of Grass, Weeds, Trees, and Landscaping, and by Adopting by Reference, Eagan City Code, Chapter 1, and Sections 6.99 and 7.99—Enclosed on pages ;a through for your review are the above referenced ordinance amendments to City Code Chapters 6 and 7. The general effect of the amendments of Chapter 6 would be to require the license of professional contractors hired to perform tree maintenance services and setting the general conditions of such license. The general effect of the amendments to Chapter 7 would be to set by reference, standards for new plantings and landscape within street right-of-ways in existing developments. Substantial work has been done by the Parks and Recreation, Community Development and Public Works Departments in developing the requirements of these ordinances. Complementary amendments of City Code Chapters 11 and 13 will be forthcoming to develop and apply standards for landscaping within the right-of-way for new development. ACTION TO BE CONSIDERED ON THIS ITEM: To approve, modify or deny the landscape ordinance amendments for the Eagan City Code Chapters 6 and 7 as presented. a's CHAPTER 6 OTHER BUSINESS REGULATION AND LICENSING SECTION 6.43 TREE MAINTENANCE CONTRACTORS' LICENSING Professional contractors hired to perform tree maintenance services within the City of Eagan shall be required to obtain a license. This procedure shall comprise the following steps: A. Application. Application for a license under this ordinance shall be made at the office of the City Clerk - Treasurer. B. Application Form. The application for a license shall be made on a form approved by the city which shows, among other things, the name and address of the applicant, the number and names of employees of the applicant, the number of vehicles of applicant, together with a description and license number of each, and the type of equipment proposed to be used. C. Liability Insurance. No license or renewal shall be granted nor shall the same be effective until the applicant shall file with the City Clerk proof of a public liability insurance policy covering all operations of such applicant under this ordinance for the sum of at least One Hundred Thousand and 00-100 ($100,000) Dollars, 1 against liability for bodily injuries to one person from one accident, Three Hundred Thousand and 00-100 ($300,000) Dollars for the injury of two or more persons, and for at least Two Hundred Thousand and o0-100 ($200,000) Dollars, against liability for damage or destruction of property. Said policy shall provide that it may not be cancelled by the insurer except after ten (10) days written notice to the city, and if such insurance is so cancelled and the licensee shall fail to replace the same with another policy conforming to the provisions of this ordinance, said license shall be automatically suspended until such insurance shall have been replaced. D. Bond. Before being allowed to engage in business, the applicant shall give a Twenty Five Hundred Dollar ($2,500) bond to the city which shall be approved in form as to security by the city. E. Worker's Compensation Insurance. Each license applicant shall file with the City Clerk -Treasurer a Certificate of Insurance of Worker's Compensation when such insurance is required by state statute. F. Chemical Treatment Requirements. Applicants who propose to use chemical substances in any activity related to F 3� treatment or disease control of trees and shrubs shall file with the City Clerk -Treasurer proof that the applicant or an employee of the applicant administering such treatment has been certified by the Agronomy Division of the Minnesota Department of Agriculture as a "commercial pesticide applicator". Such certification shall include knowledge of tree disease chemical treatment. G. Fees. The annual license fee shall be determined by resolution of the city council. 3 31 CHAPTER 7 STREETS AND SIDEWALKS GENERALLY SECTION 7.08 REGULATION OF GRASS, WEEDS, TREES, AND LANDSCAPING Subd. 1 City to Control Landscaping and Irrigation A. In no cases shall prohibited species be planted within street rights-of-way. Prohibited species are defined as the following trees: Gingko (female only) Box elder Non disease resistant elm species Non hybrid cottonwood species B. The City shall have control and supervision of planting shrubs and trees upon, or overhanging, all City streets or other public property. The City shall establish and enforce uniform standards relating to the kinds, types, and sizes of trees to be planted, installation standards, and the placement thereof. Said standards shall be on file in the office of the City Forester. C. Any owner or occupant of a lot or land parcel abutting a public street shall, prior to the planting of trees and shrubs or installation of irrigation systems, within the street right-of-way, obtain written permission from the City. Permits, when so issued, shall identify the 4 3z species to be planted, size, location thereof, and timeline for installation. The City shall retain the authority to regulate, authorize or deny any request for said permit in the interest of ensuring the general orderliness of improvements within street right-of-ways. D. The placement of trees and shrubs in public places, and streets rights of way shall be in compliance with the following City standards: 1. Trees shall not be planted within ten feet, horizontally, of any sewer line, water line or driveway, or within four feet of any public trail or sidewalk. 2. The placement of trees and shrubs within public right-of-way shall not disturb any ground within two feet, horizontally, of any gas lines, electric lines, phone lines, or cable television lines, except in those specific cases where utility easements provide for wider setback requirements. 3. Any new trees planted within a street right of way shall be spaced no closer than 20 feet apart and must be at least 10 feet from the back of curb in an urban section or 2 5 33 pavement in a rural section. 4. Trees, shrubbery, and other plant materials shall not be planted or maintained, on public or private Property, in such a manner as to obscure or impede the visual sightlines required to ensure the safe and efficient circulation of vehicles and pedestrians on streets, intersections, trails, and sidewalks. Trees, shrubbery or other plant material shall not be planted as to block the visibility of any regulatory, warning, or street identification sign, or block the illumination of street lights. The City shall have the authority to determine the minimal amount of required setback and clear zones in such circumstances. Property owners in violation of said requirements shall be given written notice, which notice shall be given by mail to their last known address, [saran—{-t}—days—fr-om—the—receipt—of wr-itt---n—notice-] to remove, relocate, or trim all related plant materials in compliance with the directives given therein. If any owner or occupant fails to assume the responsibility of these requirements [-tris—seation] , the city may proceed to order the work done in accordance with Subdivisions 5 and 6 [-Subd-iii-s-i-on-3j of this chapter. 6 3`� 5. Overhanging branches of all deciduous trees, planted within street rights of way shall, at the time of maturity, be at least 13 1/2 feet above street surfaces and at least 8 feet above the ground for all other public places. This requirement includes trees that are planted on private property, but overhang within public areas or rights of way. 6. The City may establish a master plan for street tree planting. The plan shall identify those streets which have been designated by the City Council for the planting of said boulevard trees. In accordance with the master plan, reponsibility for the planting and maintenance of boulevard trees shall be the responsibility of the City of Eagan, except for new sub -divisions where the developer shall be responsible for planting boulevard trees. The planting and maintenance of trees within residential street rights of way, not included in the City's master street tree planting plan, shall be the responsibility of the abutting property owner. in such cases, the property owner shall first obtain, from the City Forester, a Written permit to plant, in accordance with 8ubd. S.A.C. of this chapter. VA 35 E. The City shall establish and enforce uniform standards for the pruning, spraying, fertilization, irrigation or other maintenance of trees planted or located within the public right of way. Such standards shall be kept on file in the office of the City Forester. F. It is unlawful for any person to deface, destroy, or tamper with, any trees or landscaping on public property, including trees within street rights of way. G. A tree within a public right of way shall not be used for signs, permanent lighting, television antennas, or other inappropriate uses. H. Removal of trees and shrubs from public property, shall be by City permit only. Subd. 2 Duty of Property Owners to Establish Turfgrass within Street Rights Of Way It is the primary responsibility of any owner or occupant of property abutting on any street to establish suitable turfgrass, from the line of such property nearest to such street to the centerline of such street within a period of one full growing season from the completion of final grading or date of occupancy, 8 3� whichever is sooner. Subd. 3 Duty of Property Owners to [Zut--;-nd] Maintain Turfgrass within Street Rights -of -Way Every owner of property abutting on any street shall be responsible for the maintenance of suitable turfgrass from the line of such property nearest to such street to the curbline of such street. If the grass or weeds in such a place attain a height in excess of six inches, it shall be prima facie evidence of a failure to comply with this subdivision. Subd.4[-3-] Duty of Property Owners to Maintain Trees Within Street Rights of Way Every owner of property abutting city street rights of way shall in accordance with standards on file in the office of the City Forester maintain, trim, fertilize and irrigate all living trees or remove any dead or non -conforming trees, from the line of such property nearest to such street to the centerline moi-rel-i-ne-] of such street. It is the lawful duty of citizens to follow such city standards, except in those cases where the City has declared certain boulevards to be under the maintenance jurisdiction of City departments. E 31 7 Subd.S[-4j City May Order Work Done If any such owner or occupant fails to assume the responsibility of this section, and after notice given by the City has not within seven days been complied with, the City may perform such work, keeping an accurate account of the cost thereof for each lot, piece, or parcel abutting upon such street. Subd.6�] Assessment When maintenance work is performed by the city as prescribed herein, the City Forester shall forthwith upon completion thereof, ascertain the cost of such maintenance work. The City Clerk - Treasurer, may at the next meeting, present such information to the Council - and obtain its approval thereof. When counn;1 fitting, it may extend these maintenance costs as herein stated as a special assessment against abutting land, and such special assessments shall, at the time of certifying taxes to the county auditor, be certified for collection as other special assessments are certified and collected. 10 to Agenda Information Memo July 10, 1990 City Council Meeting REZONING AREA CMaMAMELY RESIDENTIAL LAND STUDY B. Rezoning, Area C, Multifamily Residential Land Study/City of Eagan, of Approximately 6 Acres from PD -R-4 (Planned Development - Multifamily Residential) to PD -R-3 (Planned Development - Townhouse Residential). Property Located in Southwest Corner of Pilot Knob Road and Lone Oak Road in the NE 1/4 of Section 9—The public hearing was held by the Advisory Planning Commission at the regular meeting of May 22, 1990 to consider rezoning of four areas within the multifamily residential land study. Among these areas was Area C which lies in the southwest corner of Pilot Knob Road and Lone Oak Road. The Advisory Planning Commission recommended approval of the rezoning as proposed. At its regular meeting of June 19, 1990 the Eagan City Council considered this matter and, upon presentation by staff and a representative of the developer, continued the item to the July 10, 1990 meeting with direction to staff to prepare additional findings regarding the proposed change in land use designation. Specifically, these findings were to consist of a review by the City Attorney of the potential liabilities of undertaking a rezoning of this parcel. Enclosed for Council review on pages _*Q through —W is a memorandum from the City Attorney outlining his findings in this regard. Additional information on this item, previously distributed to the Council is enclosed as follows; a memorandum from the City Attorney's office on pages _�o through addressing the City's ability to rezone properties in the public inte�pg, a copy of the community development and City Attorney's staff report on Wes � throughWand a copy of the APC minutes regarding Area C on pages 5 through C-�7- ACTION TO BE CONSIDERED ON THIS ITEM: To approve of deny a rezoning of Area C of the multifamily residential land study consisting of approximately six acres located at the southwest corner of Pilot Knob Road and Lone Oak Road from PD -R-4 to PD -R-3. N%WW X B x 0 R A N D U M TO: Tom Hedges, City Administrator City of Eagan FROM: City Attorneys DATE: July 3, 1990 RE: Study Area C (Balfany) and Study Area'R (Wilmas) Our File No: 206-7409 GBKML COMKKNTS Under Minn. Stat. § 462.357, subd. 41 the City of Eagan may initiate amendment(s) to a zoning ordinance. The City has a right to determine whether changing conditions or the public interest demands an exercise of the power to amend a zoning ordinance and to select the measures that are necessary for that purpose. Any amendment, though, must have a rational basis related to promoting the public health, safety or welfare of the City and must not amount to a taking without just compensation. There are two distinct analysis in reviewing whether an unconstitutional taking has occurred when reviewing potential rezonings pursuant to the R-4 study. The first analysis is whether the property remains economically viable after the rezoning. Minnesota has repeatedly upheld land use restrictions against allegations of unconstitutional taking even when the value of the property has declined significantly as a result of the restrictions. Inherently, unless all viable use of the property has been thwarted by the council's action, a rezoning will not be considered an unconstitutional taking under the first analysis. The second analysis is with whether a "vesting" has occurred. That is the measure of the extent to which the regulation has interfered with distinct investment back expectations of the owner. It is in this area of the analysis that it is necessary to review the history of the site, as well as to elicit from the landowner what expectations the landowner has in the property. More explicitly what investments and reliance upon the zoning has the landowner actually undertaken. It is well settled in the law, that a property owner acquires no vested rights to a particular zoning classification of property, but may establish a vested right to use land for a certain purpose. STUDY AREA C - BALFANY The property is owned by Belfany Development, Inc., who was represented at a Hearing before the City Council on June 19, 1990, by Mr. Rollie Crawford. Mr. Crawford raised several points concerning a 1975 Purchase Agreement between the City of Eagan and the then owner of Study Area C. In the Purchase Agreement, the City agreed to process the rezoning of Study Area C to its current designation as a condition to the purchase by the City of six acres of land from the landowner and the dedication of four acres of land without cost to the City for park purposes. The first issue raised by the council is whether the Purchase Agreement was valid as it relates to the inclusion of such a provision for the rezoning. our review is that such an Agreement is valid, but should not be looked upon in a greater context then what actually took place. A rezoning in 1990 would not breach the 1975 Purchase Agreement. First of all, the 1975 Purchase Agreement actually merged into the Deeds of Conveyance transferring the property to the City. At that point, absent some distinct language of survivability, the Purchase Agreement became extinct and of no further force and effect. Secondly, and more importantly, the 1975 action of the City to rezone the property was not done, nor did it imply either expressly or otherwise, with the intention that the City would be foregoing its legislative right and function to review this property in the future in light of proper planning. We do not believe that the City can manifestly waive its legislative functions. The 1975 Purchase Agreement conditioned the purchase of certain property upon the City rezoning other property. The City upheld its portion of the Purchase Agreement and did, in fact, comply with the terms of the Purchase Agreement by rezoning the property. At that point, the City had no further contractual duty to the landowner. Further, the landowner had no vested rights in the rezoning. Subsequent actions by the landowner would need to be taken to determine whether the landowner has become vested to use the property as it is presently zoned. In the mid 1980's, the present owner submitted a Development Plan and Plat to the city council for its approval. Preliminary plat approval was granted, however, the plat was never finalized, nor did any steps of development actually take place. The Eagan City Code requires that a Plat with preliminary approval be finalized within one year from the date of preliminary approval. Failure to finalize the Plat requires the applicant to resubmit its Plans and Plat to the City for reprocessing. This requirement is useful as a device for consistent planning within the City. The purpose is to give some credence and certainty to the proposed Development as it relates to all other factors that go into properly planning the development of -2- the City. We do not feel that the sole attainment of a preliminary plat approval without a further overt step in the development process amounts to investment back expectations. Planning should rise over the threshold of vesting, absent some further action in direct relation to developing the property consistent with the zoning. STUDY AREA R - WILLNUS The Eagan Multi -Family Residential Land Study poses similar questions as identified in Study Area C. Mr. Bush, an attorney who addressed the City Council on June 19, 1990, on behalf of the interest of the Tom Willmus family, indicated that if the property were to be rezoned, the land value would drop significantly from $70,000.00 per acre to $30,000.00 per acre. Thus, Mr. Bush has indicated that to rezone the property would not deprive the property of all economic viable use. In reviewing the second part of the analysis related to investment back expectations, Mr. Bush has raised items which go beyond the stage of merely planning for the development of the area. The City of Eagan has a policy of assessing property to its highest and best use in relation to the payment for the cost associated with any public improvement. As opposed to the rezoning of property as identified in Study Area C from R-4 to R-3, wherein the City does not recognize a rate difference between those zoning classifications, there is a significant rate differential between multi -family rates and single family rates. The records of the City indicate that the owners of Study Area have paid considerable assessments at the multi -family rate for public improvements that would support a multi -family use. Additionally, Mr. Bush indicated that in 1989 his clients in contemplation of development of the site as multi -family use entered into an Agreement with the City of Eagan to prededicate the requisite park land consistent with R-4 land use designation. It is our opinion that such a prededication does amount to an overt step in contemplation of development. If the City were to rezone this property to R-1, it would be fair to note that the landowner has exceeded its park dedication requirements and moreover, would be entitled to some form of a rebate. Historically, the City of Eagan has not rebated anything received in dedication to a landowner. Even if a rebate possibility existed, the action of returning value to the landowner would not negate whether a vesting has occurred at the time of the transaction dedicating the property to the City. It is our view based upon the evidence assembled by the City Staff together with the comments of the landowners and Mr. Bush, that the landowner of Study Area R has reasonably met a standard of vesting. -3- 42 MEMORANDUM TO: Chairman Gary Graves Advisory - Planning Commission Members FROM: Michael G. Dougherty, City Attorney DATE: May 15, 1990 SUBJECT: Advisory Planning Commission • May 22, 1990 Meeting Multi -Family Residential Land Study Items For the Advisory Planning Commission's public hearing scheduled for May 22, 1990, I was asked to review four identified areas within the Multi -Family Residential Land Study which the Eagan City Council desires to consider for rezoning. What follows is some generalized statements at to the rezoning process in terms of burdens of proof. Some qualiN ng factors for each particular parcel which need to be examined in light of the affect of a rezoning have beer, incorporated into the individual staff reports. As I have previous)v mentioned, a rezoning by the City Council is an exercise of the City's police power. Thus, the zoning action must reasonably foster the interest of the general public. The general criteria for the ' City is that their action must not be arbitrary, capricious and unla%�U. The action by the Council must bear a substantial relationship to the public health, safety, morals or general welfare of the community. The initial burden of proof on the rezoning action is upon the City to establish by public record that there are legally sufficient reasons to rezone the property and the those reasons are supported Inv the facts made available to the City Council. Some of the reasons to rezone may include (i) to preserve and protect conservation areas or'scenic areas or historic sites or buildings; (ii) to reduce the intensity or density of development to provide a more harmonious environment; (iii) to reduce the demand for new or expanded public facilities; (iv) to lessen the effects of traffic noise, air and water pollution; (v) to comply with Minnesota Statutes 473.865 by eliminating inconsistency between the Comprehensive Guide and zoning ordinances, etc. (Reasons need to be legally sufficient, Le, promote the general public safety and welfare of the City). Some of the identified areas sought to be reviewed by the Council are made up of several individual tracts of land and include multiple owners. To properly effectuate a rezoning within any of those identified areas, each parcel should be reviewed on its own with findings identified for each of the parcels. The findings should incorporate specific facts which would support the reason for rezoning. There is no magical number as to how many facts are necessary to support a reason but rather, it is the probative value of the fact that determines its weight of support. q3) Chairman Graves May 15, 1990 Page Two Assuming that the City shows the requisite record that would support a rezoning, the City needs to examine the individual affect of the rezoning on the property owner. Basically, a property owner has no "vested" right in the zoning accorded his property unless certain circumstances are present to demonstrate that such a right has, in fact, vested. In analyzing any rezoning action, the Council must be careful not to affect a "taldng" in the constitutional sense or interfere with any vested rights of a property owner. A taking will occur when the property is zoned to a category which precludes aU reasonable use of the property. A taking does not occur merely because the value of the property is decreased by virtue of the rezoning or the development potential is changed or restricted to a less intense use. Interference with vested rights occurs when, pursuant to the zoning action, the government attempts to change the permuted use of the property or restrict the size or scope of development. Since the contemplated rezonings by the City of Eagan do not preclude all reasonable use of any of the properties, I have not included any discussion on that issue. Rather, the issues incorporated into the individual staff reports are specific items of note which should be taker, into account in the determination of whether to rezone any of the four properties scheduled for public hearings before the May Advisory Planning Commission in light of the question of vesting. In those instances where a vesting can be deemed to have occurred, a rezoning by the City may equal a taking and thus expose the City to substantial damages in favor of the property owner. Again, the factors noted above and in the individual staff reports are important in light of the question of whether or not a vesting has occurred, for regardless of whether or not the City has legally sufficient reasons to rezone the property, if upon a challenge, a vesting has beer found to have occurred, the Cit} would likely be liable for damages to the landowner. At the public hearing, ample opportunity should be given to the landowner to set forth on the record what additional facts or circumstances may exist that can be shown to be a reliance by the landowner in acting upon the present zoning. Investment backed expectations, which form the basis of the vesting in the property, are not necessarily all known at this point and a fair process would allow the landowner to identify any unknown facts for the decision -makers. MGD1kcm . 4 SUBJECT: REZONL G - NfULTI-FAMMY RESIDENTIAL LAND STUDY AREA C APPLICANT. CTTY OF EAGA_I' LOCATION,': SOUTHWEST CORNER OF PEAT INOB AND LONE OAK ROADS NE 114 SECTION 9 E I STL'� G ZONTiG: R4(PD) (MULTIPLE RESIDENTIAL - PLANNED DEVELOPMENT) AND R-3(PD) (TOWNHOUSE RESIDENTIAL - PLANNED DE«'.LAPM�'T) DATE OF PUBLIC �L'r'G: MAY 22, 1990 DATE OF REPORT: MAY 17, 1990 COMPILED BY: CONVYrUNUTY DEVELOPhIEN'T DEPARTMENT 8 CITY ATTORN'EY'S OFFICE BACKGROLND: Over the past year, the Community Development Department has been stud}:ng multi -family residential land use in Eagan. Multi -family residential development was designated by the Cit;, Council as a topic for review for two primary reasons: one, the large amount of undeveloped multi -family zoned/designated land currently available in Eagan, and two, Eagan's higher -than -average percentage of existing multi -family units. Three reports have been prepared as part of this comprehensive review of multi -family residential land. These reports, entitled "Multi -Family Residential Land Study Draft Report" (July 1989), "Update Report" (December 1989), and "Comment Report" (March 1990), are'supplementary to this Advisory Planning Commission staff report and should be used for complete information regarding study background and methodology. Each of the three "Multi -Family Residential Land Study" reports were presented to the City Council for review and discussion. Based on the study reports, comments from affected property owners, and Council discussion, the City Council recommended Comprehensive Guide Plan amendments and/or rezonings for 16 of the 23 study areas. Staff was directed to schedule public bearings for those study areas recommended for plan amendments and/or rezonings. STUDY AREA C: Study Area C consists of one parcel, P.I.D. 10-DY)O )-011-02, approximately 16 acres in size. This study area is currently designated for D -III Mixed Residential (6 to 12 units per acre) in the Comprehensive Land Use Guide Plan and zoned R-4(PD) (Multiple Residential - Planned Development) and R-3(PD) (Townhouse Residential - Planned Development). This application involves only that portion of the property cur. ently zoned R-4(PD). The attached data sheets from the 'Draft Report" (July 1989) and exhibits provide additional descriptions of Study Area C. MY COUNCIL REC0KYMNDATION: The City Council recommended consideration Of a rezoning of that portion of Study Area C (approximately six acres) currently zoned R-4(PD) to R-3(PD). Such rezoning action would result in the entire Study Area C being zoned R-3(PD). No Comprehensive Guide Plan amendment was recommended. PROPERTY OWNER COMNVEEN"TS RECEIVED: The property owners, Balfany Development, Inc., indicated in meetings with City staff and through written correspondence that they area opposed to the recommended rezoning because they feel it would result in an economic loss to them, it would eliminate the flexibility in developing the properry and because they feel there is no market for R-3 development. (See Appendix A of the "Comment Report" for a copy of the written comment letter submitted). Since the "Comment Report" (March 1990) was reviewed by the City Council, Balfany Development, Inc. has met with City staff to present a potential development plan for Study Area C. The development plan presented showed a density consistent with an R- 3 zoning, but a unit type consistent with an R4 zoning. LEGAL ISSUES: Historically, this property has a number of factors which should be explored in the area of vesting rights. The first is in connection with the Planned Development designation for the present zoning on this property. In research of this issue as to what the status of a Planned Development is on this property, no written document that supports a Planned Development designation has been found. The staff report prepared in 1975 as well as some corresponding minutes of the Advisory Planning Commission reference a Planned Development, but again an actual agreement has not been found to exist. Urdess the property owner can demonstrate that be has a copy of a Planned Development Agreement, it could be assumed that the present zoning on this property is a straight zoning and not one enmeshed in a Planned Development Agreement. This is a logical approach to take on the property in that a Planned Development Agreement is a contract between the City and the property owner and generally a court will not supply the terms to a contract between the parties where major components such as development plans, uses, and timing have been omitted. Another factor is that in the middle of the 1980s, the property owner had in fact applied to the City and received a preliminary plat to develop the property in conformance with the present zoning. While that preliminary plat has expired, the property owner has displayed some preliminary reliance on the present zoning and expended funds in connection thereNkith. ACTION TO BE CONSIDERED a rezoning of approximately si (Multiple Residential - Planned Planned Development). ON THIS ITEM: To recommend approval or denial of K acres within P.I.D. 10-00900-011-02 from R-4(PD) Development) to R•3(PD) (Townbouse Residential - 4� MULTI -FAMILY kESIDENTIA±, 7J6ND STUDY Elffi*Z� GENERAL LOCATION: SIZE: ZONING: COMPREHENSIVE PLAN LAND USE DESIGNATION: EXISTING LAND USE: SDFJk0V r'DING LAND USE, ZONING, AND COMP PLAN LAND USE DESIGNATION: Area C consists of one parcel with two zoning designations* Southwest corner of Pilot Knob and Lone Oak Roads, in the NE 1/4 of Section 9 16 acres Area C is of sufficient size to support a variety of development - intensity options. R-3(PD) (10 acres) and R-4(PD) (6 acres) The Planned Development zoning for this property was approved in 1974; however, a PD agreement has not been executed. D -III vacant North - single-family residential; zoned R-1; designated D -I South - city water tower and research uses (Unisys); zoned P and R -D; designated R &'D East - townhouse and single- family residential; zoned R-1 and R-4(PD); designated D -II West - elementary school and park; zoned P; designated PF and P The land uses surrounding Area C are all basically low -intensity uses, including the Unisys development to the south (specifically designed to be relatively low -intensity). Based - PAGE C.i - m1 TOPOGRAPHY: VEGETATION: ACCESS: trTILITIE ASSESSKENTS: intensity development of Area would be most compatible with surrounding uses. Area C is primarily flat, with a gradual rise from the south to north starting at the approximate middle of the site. In addition, a small ridge running north -south is located on the southern portion of the site. The topography of Area C is suitable to all development types. The site is mostly open grassland, with two main clusters of mature ,trees in the northeast corner of the site and west -central area of the site. Landscaping requirements for any proposed development may mitigate any loss of existing vegetation. Area C borders Pilot Knob Road and Lone Oak Road, both MINOR ARTERIALS, and Tower Road, a LOCAL STREET. Area C has access generally sufficient to serve most development types. Direct land access should be provided from a local street, and not Pilot Knob or Lone Oak Roads. Sanitary sewer, storm sewer and water service is available to Area C. Utility service to Area C should not be a major issue. Area C has been assessed at single- family rates for storm sewer trunk and at multi -family rates for street improvements. In addition, the southern portion of the site has been assessed at multi -family rates and the northern portion at single-family rates for lateral - PAGE C.2 - benefit from trunk grater main service. SPECIAL CONSIDERATIONS: Portions of Area C are within Aircraft Noise Zone IV as Identified in the Metropolitan Development Guide. Area C, as such, may be impacted by aircraft noise. Residential and certain types of educational/cultural uses are conditional or provisional uses in Noise Zone IV. As such, these types of development must comply with specific standards imposed by the Metropolitan Council,. including structure performance standards for noise attenuation and restrictions on associated outdoor activities. Future occupants of development in Area C should be informed of potential aircraft noise. In addition, Area C may receive noticeable traffic noise from both Pilot Knob and Lone Oak Roads. Although noise levels received from this roadway may not be consistently severe, development design should be sensitive to traffic noise generated by minor arterials. - PAGE C.3 - So M P ,A R K MULTI -FAMILY RESIDENTIAL LAND STUDY N STUDY .AREA. C PARCELS SI r 3 q% ■.m %6qEN . • I v L i 4111.. MULTI -FAMILY RESIDENTIAL LAND STUDY N STUDY AREA C PROPOSED ZONING 5_3 L__ -h MULTI -FAMILY RESIDENTIAL LAND STUDY z STUDY AREA C EXISTING/4>1ROPOSED COMP LAND USE GUIDE PLAN Page 7/EAGA-K CITY COUNCIL MINt7TES May 22, 1990 X LTI-YAXILY RESIDENTIAL LAM STUDY Rristi Marnin of the Community Development Department gave the background of the multi-fame:Iy.:;s:tud�+.::::explained how the analysis would be presented to the Advisor,... ??n9 Commission. The overview would include a discussion of the'::curre:ft- Comprehensive Guide Plan; the proposed Comprehensive Guide.;::: Plan;.:::;ihe existing zoning; the COMM received from the landowners:: and:;tize legal issues involved. CITY OF EAGAZr - AREA C: liIILTI-FAk1iY RESIDENTIAL LXXD STUDY Chairman Graves opened the next public hearing regarding a rezoning of ageroxirately 6 acres from PD -R-4 (Planned Development - l+ulti-Fanily Residential) to PD -R-3 (Planned Development - Townhouse Residential). The subject property is located in the southwest corner of Pilot Knob Road and Lcne.::::¢ak Road in the northeast quarter of Sectio: 9. Kristi Marnin presented the.'.:.staff..r;epoit and described the Study Area C, the property owner &or+eiito'.received and the legal issues involved. in Mary Belfany (owner) stateez Councilthe aveopromiseswas tocallowdthe 1981. He stated that the form 9 site to develop as currently zoned. Doug Yoe (architect) state d..-.::he;.::;::had:.been studying the site for some ti.:ae-. He further explainecl t3 , Var46.ns factors on the site such as easements and terrain affected development. Mr. Moe presented a building plan showing R-4 develoii"nt.::ie described a possible day care use on the site. Commissionmisiaber �taracek asked how many units were proposed for the site. gitated 88 for the northern portion and 64 for the southern portion::::,Chairman Graves asked when: the plans were drawn -up. Mr. Moe. stated that the City had been contacted around January 15, 1990. Commissionmember Voracek asked if the;150 total units fell within the R-3 zoning density. Community Development Director Runkle stated that R-3 zoning allows only 7.3 units per acre and townhouses only. Bob Miller (attorney fe...:..Qv s : to ed that in 1975 Mr. Shields donated four acres and sold six acres at a..reduced price to the City for parkland in order to receive R-4'::3oning. He stated that the property was purchased with R-4 zoning iii':mind and that the City had 0 Page 8/EAGAN CITY COUNCIL MIMITES May 22, 1990 received the benefit of a bargain. He further stated that the present Council probably has s philosophical difference with the previous Councils but that Mr. Belf any has. expended significant amounts of money on the site. He referenc.ed.the.Council minutes of February 18, 1975 where the prqperty was::r�eza::41:t i.:::the purchase agreement for the parkland as a conditicri... die:;::tirthe=:::::stated that dedication and sale was made of this ten acres. Kristi Marnin stated that. staif:. didi r:dispute that the parkland rias dedicated but that there.,:: s :gid;;@zct link to the zoning on the site evidenced in the minutes. Kt"�Mi.Iler asked if there was a PD Agreement utilized by the City in 1975. Mr. Runkle stated that there were PDs of a sort at that time, but that no specific agreement was drawn up. Vince Kennedy, 1415 Lone.�Dak Road, stated that the plans for the site were unacceptable for the:•:gra.. John Guston (neighbor) :state3:' that much development of multi-fa-iiy had taken place in". -the asked that the Planning Co=issicn rezone the property;::::•to..::R�3 because there was too much density already. Conrissionmerber Voracek asked for a clarification of gross versus net density. Mr. Runkle explained. Cor..rissionnerber Voracek asked what the maximum number of units on R-4 was. Mr. Runkle stated:sixt&en-.to.:-twenty units per acre with a six story building. Cc issionnember Gorman stated'": that:::: the rezoning should be recommended by the Planning Comm:gsion::::::1f they thought it was acceptable and the Council should blanc*::.:the legal issues involved. He stated that the Community Development Department had made the recommendation and therefore it was credible. Chairman Graves stated that there were no apartments near the property; that there was a public facility to the west and a park with Unisys to the south and R-3 across ibi street; the remainder of the surrounding property was single family. He also had traffic concerns near the school wittc ::::'is:::::::high density development. He further stated that much graduig' 'cW* d..:be.:#%eeded on the site in order to utilize an R-4 development. page 9/EAGAN CITY COUNCIL May 22, 1990 tai NV VES ... Commissionmember Hoeft stated that he safety concerns, especially those dealing from the parcel. agreed with the public with ingress and egress Comaissionmember Voracek s�sec : atI-Infrastructure was available. H.r. Runkle stated that he wastinsur4:''ff"bVrovements were done to the site. Commissionmember Voracek Pied fuil4ier questions &bout the drainage on the site, including the:t�andlj-ng.of water quality. Commissionmember Staehli::':tieed :ah't traffic noise would be a problem. Gorman rcved, Voracek seconded, the motion to recommend approval of a rezoning of approximately six acres within PID 10-00900-011-02 from R-4 (FD) (y.ultiple Residential - Planned Development) to R-3 (PD) (Townhouse Residential:::: -:..Planned Development) for the following reasons: 1. Public safety concerns. 2. R-4 for the site would.,.-h-.i-monious with the surrounding school and park. 3. The surrounding property was all of a lower density than R-4. 4. hater quality would be adversely affected by R-4 zoning. 5. R-4 zoning would add tzaff.c :;noise::;tc. the area. All voted in favor. CITY OF SAGAN - ARY.A 1 s KnTI-7AMILY tEBIDENTIAL +AND STUDY Chairman Graves opened the next pubU6 hearing dealing with the rezoning of approximately 44 acres from R-4 to R-3 and rezoning of approximately 49 acres from A to R-3 and a Comprehensive Guide Plan amendment to change the land use designation of approximately 11 acres of D -IV designated land to D-111.. The subject property is located along Robin Lane between Highway 13.a.nd Blackhawk Road in the south half of Section 17. Cit 'b4Ve3-opment Department gave K. She presented the information in further referOnced that Gary'Takenof f stated that tie would not be present Kristi Marnin of the background of Study Area staff report. Ys. Marnin Hillcrest Development had S'I the the of but i Agenda Information Memo July 10, 1990 City Council Meeting REZONING COMPREHENSIVE GUIDE PLAN AMENDMENT AREA TIFAMILY RESIDENTIAL LAND STUDY C. Rezoning, Area R, Multifamily Residential Land Study/City of Eagan, of Approximately 53.5 Acres from R-4 (Multifamily Residential) to R-1 (Sin)e Family Residential) and Approximately 6 Acres from R-4 (Multifamily Residential) to PF (Public Facilities) and a Comprehensive Guide Plan Amendment to Change the Land Use Designation of Approximately 14 Acres from D-11 (Mitred Residential) to D -I (Single Family), Approximately 39.5 Acres from D -III (Mixed Residential) to D -I, and Approximately 6 Acres from D -III to P (Parks, Quasi Public). Property Located Along Johnny Cake Ridge Road South of Diffley Road in the NW and SW Quarters of Section 28 and NW 1/4 of Section 29—A public hearing was held by the Advisory Planning Commission at its regular meeting of May 22, 1990 to consider the rezoning of four areas within the multifamily residential land study. Among these was Area R which includes property located along Johnny Cake Ridge Road, south of Diffley Road. The APC is recommending approval of the rezonings and the comprehensive guide plan amendment as proposed. The City Council at its June 19, 1990 meeting considered this item and continued it to the July 10, 1990 meeting with direction to staff to prepare additional findings with respect to the subject parcels. Those findings, in the form of a memorandum from the City Attorney's office is enclosed on pages _L1 through �T for your review. Staff would draw Council's attention specifically to the section of the memorandum entitled Study Area R -Willmus. These findings draw distinction between Study Area R and Study Area C for Council consideration. Additional information on this item previously distributed to the Council is also enclosed for your review. Please refer to the Community Development and City Attorney's staff report which is enclo ed on pages ko� through and the APC minutes related to Area R on pages through ` ACTION TO BE CONSIDERED ON THIS ITEM; To approve or deny a rezoning of approximately 53.5 acres from R-4 to R-1 and of approximately 6 acres from R-4 to PF and a comprehensive guide plan amendment for Area R which is located along Johnny Cake Ridge Road, south of Diffley Road in the northwest and southwest quarters of section 28 and the northwest quarter of section 29. rr M 8 x 0 R A N D U M TO: Tom Hedges, City Administrator City of Eagan FROM: City Attorneys DATE: July 3, 1990 RE: Study Area C (Balfany) and Study Area R (Wilmas) Our File No: 206-7409 aZKML COMHENTS Under Minn. S , § 462.357, subd. 41 the City of Eagan may initiate amendment(s) to a zoning ordinance. The City has a right to determine whether changing conditions or the public interest demands an exercise of the power to amend a zoning ordinance and to select the measures that are necessary for that purpose. Any amendment, though, must have a rational basis related to promoting the public health, safety or welfare of the City and must not amount to a taking without just compensation. There are two distinct analysis in reviewing whether an unconstitutional taking has occurred when reviewing potential rezonings pursuant to the R-4 study. The first analysis is whether the property remains economically viable after the rezoning. Minnesota has repeatedly upheld land use restrictions against allegations of unconstitutional taking even when the value of the property has declined significantly as a result of the restrictions. Inherently, unless all viable use of the property has been thwarted by the council's action, a rezoning will not be considered an unconstitutional taking under the first analysis. The second analysis is with whether a "vesting" has occurred. That is the measure of the extent to which the regulation has interfered with distinct investment back expectations of the owner. It is in this area of the analysis that it is necessary to review the history of the site, as well as to elicit from the landowner what expectations the landowner has in the property. More explicitly what investments and reliance upon the zoning has the landowner actually undertaken. It is well settled in the law, that a property owner acquires no vested rights to a particular zoning classification of property, but may establish a vested right to use land for a certain purpose. the City. We do not feel that the sole attainment of a preliminary Plat approval without a further overt step in the development process amounts to investment back expectations. Planning should rise over the threshold of vesting, absent some further action in direct relation to developing the property consistent with the -zoning. STUDY AREA R - WILLNUS The Eagan Multi -Family Residential Land Study poses similar questions as identified in Study Area C. Mr. Bush, an attorney who addressed the City Council on June 19, 1990, on behalf of the interest of the Tom Willmus family, indicated that if the property were to be rezoned, the land value would drop significantly from $70,000.00 per acre to $30,000.00 per acre. Thus, Mr. Bush has indicated that to rezone the property would not deprive the property of all economic viable use. In reviewing the second part of the analysis related to investment back expectations, Mr. Bush has raised items which go beyond the stage of merely planning for the development of the area. The City of Eagan has a policy of assessing property to its highest and best use in relation to the payment for the cost associated with any public improvement. As opposed to the rezoning of property as identified in Study Area C from R-4 to R-3, wherein the City does not recognize a rate difference between those zoning classifications, there is a significant rate differential between multi -family rates and single family rates. The records of the City indicate that the owners of Study Area have paid considerable assessments at the multi -family rate for public improvements that would support a multi -family use. Additionally, Mr. Bush indicated that in 1989 his clients in contemplation of development of the site as multi -family use entered into an Agreement with the City of Eagan to prededicate the requisite park land consistent with R-4 land use designation. It is our opinion that such a prededication does amount to an overt step in contemplation of development. If the City were to rezone this property to R-1, it would be fair to note that the landowner has exceeded its park dedication requirements and moreover, would be entitled to some form of a rebate. Historically, the City of Eagan has not rebated anything received in dedication to a landowner. Even if a rebate possibility existed, the action of returning valua to the landowner would not negate whether a vesting has occurred at the time of the transaction dedicating the property to the City. It is our view based upon the evidence assembled by the City Staff together with the comments of the landowners and Mr. Bush, that the landowner of Study Area R has reasonably met a standard of vesting. -3- Should the City face damages as compensation. decide to rezone the property to R-1,the City may a result of an unconstitutional taking without cc: Dale Runkle Kristy Marnin :r - SUBJECT: COMPREIENSAT GUIDE PLAN A.Nlilv`ADME.N"T & REZONL'r G - MUL77-FAMMY RESIDENTIAL LAND STUDY AREA R APPLICANT: CITY OF EAGAN LOCATION: ALONG JOHNNY CAEE RIDGE ROAD, SOUTH OF DIFFLEY ROAD N'''& SW 1/4s SECTION 28 ANTI NE 114 SECTION 29 EMST ING ZONING: R4 (MULTIPLE RESIDENTIAL) DATE OF PUBLIC HEARING: MAY 22, 1990 DATE OF REPORT: MAY 17, 1990 COMPILED BY: COM 4UNTIY DEVELOPMENT DEPARTMENT & CITY ATTORN"EY'S OFFICE BACKGROUND: Over the past year, the Community Development Department has been stud,,ing multi -family residential land use in Eagan. Multi -family residential development was designated by the City Council as a topic for review for two primary reasons: one, the large amount of undeveloped multi -family zoned/designated land currently available in Saga.^., and two, Eagan's higher -than -average percentage of existing multi -family units. Three reports have been prepared as part of this comprehensive review of multi -family residential land. These reports, entitled "Multi -Family Residential Land Study Draft Report" (July 1489), 'Update Report" (December 1989), and "Comment Report" (March 1990), are supplementary to this Advisory Planning Commission staff report and should be used for complete information regarding study background and methodology. Each of the three "Multi -Family Residential Land Study" reports were presented to the City Council for review and discussion. Based on the study reports, comments from affected property owners, and Council discussion, the City Council recommended Comprehensive Guide Plan amendments and/or rezonings for 16 of the 23 study areas. Staff was directed to schedule public hearings for those study areas recommended for plan amendments and/or rezonings. MDY AREA ' R: Study Area R Consists of five scparate parcels. however, this plan amendment and rezoning application involves only four of the five parcels reviewed under Study Area R. The following tables list the P.I.D.s, property owners, existing Comprehensive Land Use Guide Plan designation and zoning, and approximate size of (� 2 F.I.D. Pro -,)e, -t,,, Owner Cornp Plan Zonin a Size 10-0; 803-017-50(pt") EITW Properties ID -MD -III R-4 34 sones (1420) 10-02900-011-02 EHW Properties D -III R-4 13.5 acres 10-02900-011-04 EHW Properties D -III R4 6 acres 10-02800-018-50 City of Eagan D -III R4 6 acres ('Part of PID. 10-02800-017.50 has been preliminary platted as Wilmus Addition, and is not included in this application) The attached data sheets from the 'Draft Report" (July 1989) and exhibits provide additional descriptions of Study Area R. CITY COUNCIL RECONVgEh'DAT'IOh': The City Council recommended consideration of a Comprehensive Guide Plan amendment and rezoning such that all the parcels in Area R which are privately owned would be designated D -I Single-family Residential (0 to 3 units per acre) and zoned R-1 Single-family Residential. As noted in the "Multi -Family Residential Land Study Draft Report" (July 1989), the six acre parcel south of the NSP easement, P.I.D. 10-02800-018-50, was recently purchased by the Eagan Parks and Recreation Department. However, the necessary Comprehensive Guide Pian amendment to change the land use designation from D -III Mixed Residential (6 to 12 units per acre) to P Parks and the rezoning from R-4 Multiple Residential to PF Public FacIties.Parks has not yet occurred. As such, the stated plan amendment and rezon:Lng for City -owned P.I.D. 10-02800-018-50 should be considered at this time. PROPERTY OWNER COhCMENTS RECEIVED: The private property owner, EHu' Properties, indicated in meetings with City staff and through written correspondence that they are opposed to the recommended plan amendment and rezoning because they feel it would adversely affect the value of the property, because single-family development does not fit vdth the adjacent RB Roadside Business and R4 Multiple Residential zoning, and because site improvements have contemplated high-density residential use. (See appendix A of the "Comment Report" for a copy of the written comment letter submitted). LEGAL ISSUES: In June 1989, the City entered into a land dedication agreement with the owner of Study Area R, wherein the City accepted early park dedication from the proper; owner based on anticipated densities of development for the landowner's property. This agreement identifies the same areas of property now being included in the Multi -Family Residential Land Study and indicates that the park dedication was based on a densin- of 16 units per acre. Other factors in connection with Study Area R include the fact that the owner has indicated that he has done massive site grading on the property to accommodate R-4 density. Substantial improvements, both utilities and streets, have Lj3 been made in conformance with R4 zoning and, for a substantial number of years, the landowner has paid assessments at multi -family rates. In the fall of 1989, Johnny Cake Ridge Road, which traverses through Study Area R, was completed to Diffley Road. The feasibility report for the public project includes preliminary figures of assessing the property at multiple or commercial rates. Any rezoning of the property would affect the City's ability of recovering fully anticipated assessments. AMON TO BE CONSIDERED ON THIS ITEM: To recommend approval or denial of a Comprehensive Guide Plan amendment to ebange the land use designation of approximately 14 acres within P.I.D. 10-02800-017-50 from D -II Mixed Residential (0 to 6 units per acre) to D -I Single-family Residential (0 to 3 units per acre), approximately 39.5 acres within P.I.D.s 10-02800-017-50, 10-02900-011-02 and 10-02900-011-04 from D - III Mixed Residential (6 to 12 units per acre) to D -I, and approximately 6 acres within P.I.D. 10-02800-018-50 from D -III to P Parks; and a rezoning of approximately 53.5 acres within P.I.D.s 10-02800-017-50, 10-02900-011-02, and 10-02900-011-04 from R4 Multiple Residential to R-1 Single-family Residential, and approximately 6 acres within P.I.D. 10- 02800-018-50 from R4 to PF Public Facilities/Parks. Y"ULTI-YAMILY RESIDENTIAL LAND STUDY AREA R Area R consists of four parcels GENERAL LOCATION: East and west sides of Johnny Cake Ridge Road, generally north of the INSP easement in the NW and SW 1/4s of Section 28 and the NE 1/4 of Section 29 SIZE: 77.5 acres ,Area R is of sufficient size to support a variety of development intensity options. The four parcels contained in this study can be combined or separated for additional flexibility. ZONING: R-4 COMPFsEEENSIPE PLAN LAND USE DESIGNATI0N: D -II (33 acres) , D -III (37.5 acres) and P (7 acres) EXISTING LAND USE: vacant SURROL'2CDING LAND USE, ZONING, AND COMP PLAN LAND USE DESIGNATION: North - vacant; zoned RB; designated D -II, D -III and RB South - single-family residential; zoned R-1; designated D -II East - townhouse residential and vacant; zoned R-2(PD), R- 3(PD) and R-4 (PD) ; designated D -II and D -III West - I -35E and single-family residential; zoned R-1; designated D -II The existing uses around Area R are mainly residential, with a range of densities. However, the vacant land to the north is zoned and designated for commercial use. Considering this variety, no single land use will be completely compatible with all surrounding - PAGE R.1 - �S 416 • uses. Buffering will be necessary regardless of development type. TOPOGRAPHY: The small, land -locked parcel south of the NSP easement contains extremely steep slopes, creating somewhat of a ravine running east - vest. The portion of Area R east of Johnny Cake Ridge Road (extended) is basically flat, with a slight steady rise from the roadway to the townhomes on the eastern border. The portion of Area R west of Johnny Cake Ridge Road (extended) is also basically flat, with a high area in the north -central part of the site. The terrain then drops towards I -35E and Woodgate Lane. The land -locked parcel south of the NSP easement would require extensive grading for any type of development. The topography of the remainder of Area R should be suitable for most development intensities without extensive grading. VEGE:A?ION: Area R south of the NSP easement is heavily wooded with birch and oaks. Area R east of Johnny Cake Ridge Road and north of the NSP easement is open grassland, with some scattered trees along the north. Area R west of Johnny Cake Ridge Road contains areas of thick vegetation around the pond on Woodgate Lane and around the high area of land in the north -central portion of the site. The portion of Area R south of the NSP easement would require removal of significant amounts of existing vegetation with any type of development. Less -intense development types on the remainder - PAGE R.2 - ACCESS: UTILITIES: ASSESSMZKTS : SPECIAL CONSIDERATIONS: of Area R may minimize the removal of vegetation. -Landscaping requirements for any proposed development may mitigate the loss of existing vegetation. Area R has access to Johnny Cake Ridge Road, a NEIGHBORHOOD COLLECTOR. Johnny Cake Ridge Road currently dead ends at Woodgate Lane, but will be extended north to Diffley Road later this year. In addition, portions of Area S have access to Woodgate Lane, a LOCAL STREET. Access sufficient to serve lower - intensity development will be available to Area R with the extension of Johhny Cake Ridge Road. Direct land access could be provided from both Woodgate Lane and Johnny Cake Ridge Road. Three of the four parcels in Area R have available sanitary sewer, storm sewer and water service. The small, land -locked parcel south of the NSP easement does not have these utilities immediately adjacent to its boundaries. Utility service to Area R should not be an issue. Two parcels in Area R•have pending assessments for street improvements at commercial/industrial rates, one of which has also been assessed for lateral benefit from water main service at multi -family rates. The remaining two parcels have not been assessed. The pond in Area R is not a protected wetland. A DNR permit, as such, is not required. However, development should consider the drainage benefit and aesthetic value associated with natural ponds. -PA:ER.3- Portions of the western part of Area R may be impact by traffic noise from I -35E. Although the noise levels received from this roadway may not be consistently severe, development design should be sensitive to traffic noise generated by principal arterials. - VAGE R.i - 74; 0 7�. es Ila 6' Wl- •_ �� A_ __.air 1210 D. 11 _. • Fir. gnaw IM lwpmp," Tmw�tldv pal ��r pm pipm Idol, visio— I 0 9 AD, 1 -; E 1 :+_ l4k pt • AMae. O� 4� ,as- ! WINAlbAM :ter 0 a, 'P Page 12jEAGAN CITY COUNCIL May 22, 1990 MINUTES Mr. Utecht requested a clarification. He stated that he didn't bear any public safety or environmental issues discussed prior to this motion and that his property took access not onto Blackhawk but onto Highway 13. Chairman ;raves.::: exp].�.ned that the public safety issue referred to the increased:: nff 'In the area due to the R-4 density. Voracek moved, Gorman seconded;:••:the =tion to recommend approval of a rezoning of approxirately..4.0 ::acres::-.g..�thin PIDs 10-01700-011-51, 10-01700-010-52 and A Agricultural to R-3 Townhouse Residential for the '1.611owinq'••'riia sons: 1. Traffic concerns and the resulting public safety hazards from the increased traffic on Blackhawk. 2. The R-4 use of the ptoperty would not be harmonious with the existing surrounding resident ia'1::::uses... 3. An R-4 use of the property:would'.iie.detrimental to the natural topography. All voted in favor. CITY OF LAGAN - AREA R XVLTI-FAY.ILY RESIDENTIAL LWD BTUDY Chairman Graves opened the next hearing for the evening regarding a Comprehensive Guide Plan amendment and rezoning for Multi -Family Residential Land Study Area :.R;':: vcl4ing :a. -rezoning of approximately 53.5 acres from R-4 to R-1 :Ahd 4pproxin;� ttly 6 acres from R-4 to PF and a Comprehensive Guide Plan axoandme:nt to change the land use designation of approximately 14 acres froom::: -II to D -I; approximately 39.5 acres from D -III to D -I and ap�roximia:tely 6 acres from D -III to P. The subject property is located ilong J,.-ainny Cake Ridge Road south of Diffley Road in the northwest and southwest quarters of Section 28, in the northeast quarter of Section 29. Kristi Marnin of the Community Development Department presented the staff report and gave' the background of the site. She also referenced the City parcel which was Currently zoned D -III located south of Highline and asked that that also be included in the APC's recommendation. She further stated:;:'::'::Properties was opposed to the rezoning and read into':ie':i`ea6ra' a=:'fetter dated May 15, 1990, written by Attorney william Busch representing M which set forth the reasons for EHw's objections,;rose being the existing infrastructure, the grading of the site;' the parkland dedication -� 4 Page 13/EAGAN CITY COUNCIL Kli4t7TES "•' May 22, 1990 based on R-4 and the assessments levied at R-4 rates. Ms. Marnin also read a letter from an adjoining property owner which fully supported the rezoning. Ms. Marnin did state that the earl} park dedication by EHW was accepted by the City:::::and.:::that 'major street and utility improvements were made with:::-:::aii:::::::fit=41:::: ise in mind and that pending assessments were calculated at multiple ani:::commercial rates. John Swenson, 4316 Clemson, ¢tinted that he lived in a quad home in the area and that he supported.:::'.thy. sinq'e family rezoning. Mr. and !".rs. Peters, area res ident s:;:::::::suppertie8 the rezoning and asked for clarification of the various •'*'terms"''used in the public notice. Chairman Graves explained the meaning of the terms. Chairman Graves then stated that this area had been guided D -III and zoned R-4 for ten years. Comr-issionmember Hoeft asked for an explanation of the existing utilities in the area. Ms. Marnin stated that storm sewer, grading and the width of :::th.e road were all placed for R-4 use and that these imrrovements were eisssse-d. at R-4 rates. Cc=issionnember Hoeft asked if--:-;!ohnny Cake was a collector street. Assistant City Engineer:::like..Feertsch stated that it was and that it was designed to hand'1e :::i;:O4D to 12,000 trips per day. Co=issionnember Hoeft then other streets handled that azount of traffic. Mr. Foertsch stated that Lexington Avenue by comparison handled less traffic and also Rahn Road handled less traffic. Co=issionmember Hoeft then asked when EKW had purchased the property. City Attorney Dougherty said that the property was purchased by EHW in the late sixties. Chairman Graves askedi3t::::apeeci?: to the assessments if the City rezoned the property. Assistant City Engineer Foertsch stated that the Multi -Family rate would.::::::be higher than the Single Family rate and that the assessments w.01'e sL;:7il pending. City Attorney Dougherty stated that the City wotiid hav"e::to prove benefit and that the City couldnft assess R-1 property at""A-4 rates. Chairman Graves stated that factors ih EfiWfs favor were their set aside of the parkland, the higher assessments paid and the surrounding commercial uses but that factors supporting rezoning were the increased traffic, the affect on the general area and the::loss of vegetation due to grading. Com,mission.member Gorman-at,'a'ed ahe"t-Atfic was a concern as well as the increased load on the :3rtfreetriictuie from R-4 use. He stated that he concurred with the Community Development Department, that the property should be rezoned to R-1 and that::::the legal issues should be left to the City Council. Chairman GzaV►es stated that while the I 1� Page 14/EAGA.N CITY COUNCIL MI May 22, 1990 Community Development recommendation was important, the Planning Commission must be receptive to other input from the owners as well as the residents. Comaissionmember Voracek att3`ttaat�::.significant vegetation and ponds were in the area and that t.he::::srea "S more conducive to Single Family development. Chairman Graves'statedthat some of the .property should be R-1 but that some shy' Fld -*Igo be a buffer between the Commercial and the Res ident.i.al.;.i�Se:;Co�issionmember Voracek stated that perhaps the northerly po�t#cn 'ou-I>e zoned R-2 with a gradual move to R-1 to the South. *He suggested a combination of 2/3rds R-1 with 1/3rd R-2. Gorr,an roved, Voracek seconded, the motion to recommend approval of a Cor.,prehensive Guide Plan amendment to change the land use designation of approximately::3:4.:acres within PID 10-02800-017-50 from D -II Mixed Residential ts....per acre) to D -I Single Family Residential (0-3 units per acre] ;::;::::�igproximately 39.5 acres within PIDs 10-02800-017-50, 10 -02900 -:0.11 -02 -an d...10-02900-011-04 from D -III Fixed Residential (6-12 units ::::per. acre:3:::to D -I and approximately 6 acres within PID 10-02800-018. ....1 D -III to P (Parks) for the following reasans: I. Public safety concerns. 2. Traffic increases. 3. Increased demand facilities from R-4 developrent. 4. R-1 use is more harmonious,.;:kith ::the surrounding residential areas. 5. The negative environmental impadtE` on the area from R-4 development, specifically the trees on site. Aye - 5; Nay - 2 (Miller) Gorman moved, Voracek seconded, the 36ation to recommendapproval of a rezoning of approximately 53:5 acres within PIDs 10-02800-017-50, 10-02900-O12G::::::aac3::::::::9-02900-011-04 from R-4 Multiple Residential to #i*i'::::-:-: its jle :: 'Family Residential and approximately six acres within PID 10-.42800-018-50 from R-4 to PF Public Facilities/Parks for the following reasons: Page 15/EA1GA CITY COUNCIL May 22, 1990 MINUTES 1. Public safety concerns. 2. Traffic increases. 3. Increase demand on theti3yic'':#:tries from R-4 development. 4. R-1 was a use more harmoniodi" with -'the surrounding residential areas. 5. The negative enviroriaeta'i Zpact on the area from R-4 development, specifically the 'trees on%*site. Aye - 4; Nay - 2 (Miller and Graves) Chair,,an Graves .stated that he favored the park rezoning but not the EHW rezoning because he:::felt that there should be a combination of R-2 and R-1 on the site. Corgi issionnember Voracek stated ''he "Voted to rezone to R-1 in the hopes that the developer would 66me ta...an.:agreement with the City for a mixed zoning. LANDSCAPE ORDIKAH.CE Ay.ENDMSNT - CITY OF RAGAN Chairr.an Graves opened the last public hearing of the evening regarding an ordinance amendment of the City of Eagan amending Eagan City Code Chapter 13 entitled "Subdivision Regulations Platting" by amending Section 13.30 regar;dinr,� .:.::eta...;:.rid design standards and landscaping standards. Cor=unity Development Director::::1Zunk2*%: introduced the ordinance and explained the various sections: and::.,toted the revisions by Mr. Voss. Chairman Graves pointed out that if sod was required, the City should also require adequate soil to support cod. Mr. Runkle stated that his department would review this matter. Chairman Graves further stated that in subdivision 18-A, the .term "very large" should be defined sore clearly. He further corrected:: ::the typo in subdivision H. to read "waiver"* Miller moved, Staehli ��':cetandidi;::'' the motion to approve an ordinance amendment of the City of Eagan, Minnesota amending Eagan City Code -Chapter 13 entitled "Subdivision""4egulations (Platting)" by amending Section 13.30 regarding data =e,rs•d design standards and Agenda Information Memo July 10, 1990 City Council Meeting APPOMEW-1— A—DYISORY PARKS AND RECREATION COMMISSION A. Appointment, Advisory Parks and Recreation Commission—At its April 17, 1990 meeting, the Eagan City Council accepted the resignation of Sandra Wensmann from the Advisory Parks and Recreation Commission. Ms. Wensmann was in .the first year of a three year term which would have expired in January, 1993. The current commission alternate, John Griggs, has requested consideration for full membership on the Commission. In addition, staff has contacted those individuals who expressed interest serving on the Commission during the organizational business in January. Staff was successful in contacting four of these individuals, all of whom expressed continued interest in the Commission. Those individuals are: Floyd Hiar, Lee Markell, John Ruggieri and Dale Wessel. Copies of letters received fro these individuals are enclosed for your consideration on pages through. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To appoint an individual to fill the remainder of a three year term on the Advisory Parks and Recreation Commission and, 2) in the event that the current alternate, John Griggs, receives that appointment, to appoint a replacement to fill the remainder of the alternate term. December 8. 1989 To: Mr. Ted Wachter Eagan Council Member From: John Griggs Stafford Place Resident Mechanical Project Engineer Happy Holidays Ted! It was about this time last year that I had the pleasure to be interviewed for a spot on the Eagan Planning Commission. As you know I was not appointed. But this has not discouraged me. I did receive 1 important vote ... and it was from you! Thanks Ted, for not allowing me to be "skunked" in 1988!. Well, I'm back again this year. I want you to know that I continue to hold genuine community interests and am again seeking appointment to the Planning Commission. As a Planning commission member, I would find it an honor to study community issues for the council. I am an advocate of quality controlled development, insist on environmental protection, am a "tree hugger", I want to ensure fairness to neighborhoods and businesses, and to promote positive community activities for Eagan's adults as well as for our children (ie: music concerts in our beautiful parks). In my pa I have had many personal,experiences that have inspired my belief in effective community leadership. Experiences ranging from jury duty for a lengthy gang -related drug -ring murder trial in Hennepin County to resolving recent home -builder and developer issues. As I read the local papers and attend the council and commission meetings, many local issues concern me. Issues such as proper roadway construction, drainage districts, zoning, rezoning, TIF financing, park dedication, trailway completion, water, air, and soil quality, pollution control and problem correction, recycling programs, control of fugitive hazardous waste, preparing for the 1992 expiration date of the Williams Brothers Pipeline operating licence (issued by the city 48 years ago), liquor license policy, etc. I believe PLANNING rather than REACTING is vital to the best interests of our community. Ted, I have a lot to offer this community. If you think there is a place for me in the Planning Commission, please consider appointing John Griggs. feel free to all me at work (892-4383) or au have t questions, 1 would be verycpleased to hear (892-4383) from you. �S' cerel , � � (See attached resume) Jabn-/G` 9Z igU-- Stafford Place Resident/Mechanical Pr^1ect Engineer 1� C John G. Griggs 4091 Vermont Avenue Eagan, Minnesota 55123 Phone: 612-688-9456 (Home) 612-892-4383 (Work) EDUCATION: Degrees BME (Bachelor of Mechanical Engineering) AA (Associate in Arts) EMPLOYMENT HISTORY: Married, 2 Children Health: Excellent Height/Wgt: 6ft/175lbs Age: 29 Colleges Dates INST OF TECH, 1983 U OF MN NHCC 1981 €moloyers titles Dat es ROSEMOUNT INC. Project Engineer, 1989 Aerospace Division Eurofighter Program (Present) Burnsville, MN CONTROL DATA CORP. Associate Mechanical Engr. 1984 Aerospace Technology Div. Mechanical Engineer 1987 Bloomington, MN Design Analyst/Consultant 1988 PROFESSIONAL SUKKARY: Presently, I hold a key engineering position at the ROSEMOUNT INC. Aerospace Division. As the Eurofighter. Program Project Engineer, I an solely responsible for the successful mechanical design of the new European Fighter Aircraft's In-flight Pilot -Warning Ice Detector System. This includes system design, development, product testing, production, contract conpliar,ce, schedule adherence, customer presentations, and product delivery. Customers are British Aerospace, Aeritalia, CASA, and MBB Aerospace Companies of Britain, Italy, Spain, and West Germany respectively. This job requires daily use of people skills, coordination, verbal and written communications, a technical aptitude and a healthy work ethic. At CONTROL DATA CORP, I obtained 5 years of experience in electronics -packaging design, development, test, and computer simulation techniques. As a Design Analyst/ Consultant, I generated computer models to analyze the STRUCTURAL and THERMAL performance of our computer products when exposed to harsh military environments. Analysis was performed on a SILICON GRAPHICS workstation using the ANSYS Finite Element Analysis Software Program. Previous responsibilities were diverse and included mechanical design, MIL -SPEC conformance, Computer -Aided Design, vendor communications, GD&T, R&D efforts, documentation, manufacturing support, and. vibration testing. In 1988 I was awarded the CDC Great Performers Award for outstanding achievement in SMT product development and implementation. Programs included P3I, AN/AYK-14 (V) , JSTARS, AN/UYH-3 (V) , MADS, FOG -M, DEFENDER, CPF, DMU, TADS, VHSIC, PCM -3, and the Compliant Lead Program. Software/Hardware knowledge includes ANSYS FEAR UNIX, MCAD, CAE, MS-DOS, dBase III, Connect, Grafpoint, wordprocessing programs, workstations, emulators, and PCs. 11/24/89 E�� FLOYD A. H IAR 3720 Knoll Ridge Drive • St. Paul, MN 55122-3139 • Home 612/456-0385 • Office 612/456-0387 13 June 1990 Mayor of Eagan and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mayor Egan and Council Members: Please accept this letter of continued interest to serve on the City's Advisory Parks & Recreation Commission. Since my interview with you in January, I have continued to attend meetings of the Solid Waste Abatement Commission and most recently have volunteered to serve on the Ice Arena Task Force. I see both of these commissions working themselves out of a role in the City's planning process. I would like to actively serve the community as a member of a permanent advisory commission. I believe my experiences, occupation (self-employed consultant) and interests, bring to our city an objective viewpoint that is important to a working commission. Thank you for your consideration. Truly Yours, Floyd A. Hiar r artib . e . G�� IVcc: Tom Hedges, City Admini,strato C) FAH/jfs 8 L� ti 01 A � 1D � i X j Printed on 100% Recycled Paper Tom City, Administrator 3630 Pilot Knot) Road Eagan NAA 55122 Dear Hedges, lam%-irritinato inform youofmy interest in becoming 9.mmtoerof the Ady" Parlas and Rilueati',-,n Cornmissam for the city of Eagan. i a reg ist=red la ndscapA archtect *th oyer 15 years of eq*rie nce in the fi-L-. Id of la n n i, ni. n a t u ra. I res o urce management a nd s Ite cle c.- i g n. i ha Y e wog: d t, ot h serJors on pro" ranging ftm targe scale enyirorriK-rital Li_is my experience, L Arc, h it pct with tt*. Minn. C p-at'ne n, of Natura i 1 C' 14 0 Lands.-,ap4 Architect with the Minn.Dep-artnent of Transportation E n"'. hI)nrn4ntal . o,"D-,,a n, Austin, A n;-.1 Planner with EGA' Inc. (Ed,b W j I I iarns), Mr.) L-. office l S C M �o6et 1 Lr;- Land -Scar* Architect 895' Pari: Knoll Dri've Eag"r-tri, NIN 55123 (612) 456-07,49 1 •: E 4 December 27, 1969 Zohn V. Ruggieri 1455 Slackhawk Dake Drive :Eagan, -MN 55122 1612) -452-3593 Bone (512) 971-6009 office Mr. Tcm Hedges, City Administrator City of Eagan 3,30 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedces & Members of the Council: d I acrreciate the opportunity to submit a letter of -- interest to the City of Eagan for a position on one of the city's advisory boards. I am interested in ser•,inc on either the Advisory Planning Committee or i the Adviscry Parks and Recreation Committee. 4 I am a trained and registered landscape architect and principal in the firm of Dovolis Johnson & R:gcieri, Inc., located in Minneapolis. During my F_o e_sicnal career, I have represented both developers and rr;:nicipalities regarding the planning and design of many public and private projects. In 1976-79, I ccnsulted for the Townships of Shamong and Tabernacle New Jersey, reviewing development plans on the township's behalf. In my current•pratice I have ccns,:ited for private developers, citizens groups and have represented city's concerns from projects ranging from mixed used developments to developing urban design guidelines. I have designed a series of public parks in Iowa and have consulted for the Minneapolis Parks & Recreation Board on the upgrading of Powderhorn Park. I am an active member of the Minnesota Society of Landscape Architects and serve on the Planning & Research Committee for the Urban Land Institute. 3 __ .r. .....�-..r...�..w•..1r�s:+`.L.rT�:-v'7......AC��.—l.+.r:�:aa..•�YGrr �rlJfti-_Ys`w.L.�a�+»@.. .s _�. .._ I believe the_ r•. professional :backcrcund can be very to tae -city it ret-ir%,,inc -pians and recc:--:endaticns to the filar.::n Co-_:issicn, keeping the c_ tv' s interests in -hind. .I bel"eve that only t rc�c= akareneEs of issues can infc=ed decisions be ma6e that protect the -enviroment, 1'escurces, and czaIi ty of life which awe cL'rxently-.enjoy- r.cerelti '.n V. Ruccieri DCC:1*hedges December 26, 1969 LF, Dale A. Wessel 4652 Kingsbury' Drive Eagan, 1.1N 55122 Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: I am writing to you today to express my interest for a position on the City of Eagan's Advisory Parks and Recreation Commission. .My wife and I have lived in Eagan since 1982. We have seen Eagan and it's Park system grow over those years. Our family ( we have a daughter 6 and a son age 4) has been at nearly every park in Eagan. We have also participated in some of the recreational programs available to Eagan residents. I would expect the activity level among our family to increase over the years. As a result, I would like to be given consideration for a position on this commission. I was raised in Roseville and participated extensively in the city's youth programs. I also participated in adult recreation programs, coached at the youth level, and officiated at both levels. I have seen many excellent parks and recreational programs developed in Roseville. I have also witnessed situations that could have been improved upon. MY academic background includes a B.A. in Economics and a M.B.A. in Finance. I have spent the last ten years in the financial services industry with Twin City Federal and Dain Bosworth. My previous work experience includes positions with the City of Minneapolis Housing and Redevelopment Authority and Zoning office. I am expressing an interest in a position an the Advisory Parks and Recreation strictly as an opportunity to serve the City in a capacity where I can bring substantial experience to the position. Thank you for your consideration. F Sincerely yours, Dale A. Wessel T S ���.a' _ ...- rs., si'.. � ter.- .�. .. ♦...r .A -_F _.�4...�. ..��t. n .a _� _ Agenda Information Memo July 10, 1990 City Council Meeting RESIGNATION/APPOINTMENT/SOLID WASTE ABATEMENT COMMISSION B. Resignation/Appointment, Solid Waste Abatement Commission—Enclosed on page you will find a letter from Terry Schnell, a member of the Solid Waste Abatement Commission. As a consequence of Mr. Schnell's relocation to Pittsburgh, he has resigned from the commission effective August 15, 1990. Staff has correspondence from three individuals interested in Mr. Schnell's position. They are Dennis Seiz, a current commission alternate, Joanie Davis a d Floyd Hiar. Letters of interest from these individuals are enclosed on pages is CU. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To appoint and individual to fill a vacancy on the Solid Waste Abatement Commission and, 2) in the event that the individual is Dennis Seiz, to appoint an individual to serve as commission alternate. t P� A)TU June 18, 1990 The Honorable Thomas Egan Mayor City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mayor Egan: INIMIN'.! 1 I have recently accepted a transfer from my present office in Lakeville to Pittsburgh, Pennsylvania. Therefore, I must resign from the Solid Waste Abatement Commission, effective August 15. I have enjoyed working on the commission, and I appreciate the opportunity to serve. I extend my best wishes to the city for continued progress in its efforts to address the solid waste management problem. I will also take this opportunity to acknowledge the excellent work being done by the City's staff in this area, especially Jon Hohenstein and Kris Hageman. I'm sure that other members of the commission would agree that the commission could not function nearly as effectively as it has without the able support we have received from the staff. Shyours, T y L. Schnell Attorney TLS/sjk cc: Jon Hohenstein, Assistant to the City Administrator —.4 Westin us ompon. — DENNIS R. SEIZ 3140 Quarry Court Eagan, MN 55121 April 24, 1990 Mayor Thomas A. Egan and Distinguished Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Council Commission Appointment's Dear Mayor and Council: It was an honor to have my interests recognized at the April 17, 1990 Eagan City Council Meeting. Please accept this letter as my request to be interviewed and considered for a position on the Eagan Solid Waste Abatement Commission or the Eagan Advisory Parks and Recreation Commission. I am currently an active member of the Eagan Fire Department and also serve on the Eagan YMCA Advisory Committee. I believe that my long term goal of becoming a Hazardous Materials Disposal Specialist 'in the Fire Service for the City of Eagan and Dakota County would complement my participation on the Solid Waste Abatement Commission. My love of the environment goes beyond solid waste and hazardous materials. I am a firm believer that beautiful parks and recrea- tional facilities are a integral part of. family unity and communi- ty cohesiveness. Since 1987 I was able to provide the Eagan Parks Department with some large tree moving and planting services. What a rush to drive by one of Eagans parks and see something as beautiful as a large tree where once there were none. I look forward to your response. 1 S jincerely, Dennis R. Seiz Nay 4, 1990 Vayor Thoras Egan and City Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mayor and City Council Members, Kris Haceman has informed me that the Council has directed Staff to solicit interested parties for the vacant Alternate position on the Solid Waste Abaterent Commission. Please accept this letter as ry forral request for consideration for the Al- ternate Losition. Xy husband Terry and I are very concerned with the affect we all are havine on the environrent. We recognize and appreciate the pro -active role the City of Eagan and ::I.0 has been taring. I would like to participate and contribute to the future efforts made .n managing our city's waste. Thank you for your consideration. Sincere'_y, Joanie Davis 4595 Safari Pass Eazan, NDN 55122 45e_-2'35 cc: Kris Hageran RecyclingCoordinator N7 i FLOYD A. H IAR 3720 Knoll Ridge Drive • St. Paul, NIN 55122-3139 • Home 612/456-0385 - Office 612/456-0387 23 April 1990 Mayor of Eagan & City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mayor Egan and Council Members: Please accept this letter of interest for an appointment to the City`s Solid Waste Abatement Commission. I am a self-employed consultant with business experience in large corporations (16 years - Northwest Airlines) and in small businesses (past 9 years). I have actively participated at the City's Solid Waste Abatement Commission meetings for the past two Years. Previously I was selected to serve on the Dakota County Recycling Subcommittee and I regularly participate in meetings of the Dakota County Solid Waste Management Advisory Committee. This past fall I was a• volunteer at the Eagan sponsored household hazardous waste collection. Additionally, I attend numerous meetings at the Metropolitan Council which deal with solid waste management issues. The challenges of waste abatement are complex and I believe my understanding of the issues affecting recycling and solid waste management practices can be of value to our city as we move forward in the 1990s. Sincerely yours, Floyd A. Hiar cc: Jon Hohenstein FH/j s R, � Printed on 100% Recycled Paper Agenda Information Memo July 10, 1990 City Council Meeting AUTHORI7.ATIONIADI)MONAL CONSULTANT COST CORRIDOR TASK FORCE MEETINGS C. Authorization, Additional Consultant Cost, Corridor Task Force Meetings—Enclosed on page q-.jyou will find a memorandum from Assistant to the City Administrator Hohenstein concerning the costs associated with the airport consultants in the Eagan/ Mendota Heights corridor discussions since December. The Corridor Task -Force discussions have been going very well for the City of Eagan as background information has supported the contentions of the City and its consultants. The task force is about to enter a phase in which alternatives will be discussed to expand the corridor or improve compliance with the original concept of the corridor. One of the purposes for hiring Gerry Bogan of G. Bogan and Associates was to provide technical support in discussions of operational alternatives with the FAA. Mr. Bogan has indicated in the past that other airports with which he has worked have been able to develop procedures which better contain flight tracks and extend them farther from the airport before turning over populated areas. Staff believes that Mr. Bogan's participation in the task force process will be essential to the discussion of any such alternatives. Mr. Bogan has indicated that he will provide support in this regard including one visit to a Corridor Task Force meeting in Minneapolis for an amount not to exceed $4,400. Of this, approximately $1,200 is the cost for the airfare, lodging and incidental expenses. As a consequence, staff is requesting authorization for this additional cost above and beyond that previously approved by the Council in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize additional consultant services in an amount not to exceed $4,400 for the firm of G. Bogan and Associates to provide support for the Eagan/Mendota Heights Corridor Task Force meetings. 9( MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JULY 21 1990 SUBJECT: ADDITIONAL CONSULTANT COSTS FOR CORRIDOR TASK FORCE MEETINGS Per our previous conversations, consultant costs for support of the City's work in the Eagan/Mendota Heights corridor issue are currently at a level of $30,659.79. Details of the costs associated with this total have been forwarded to you in previous memoranda. At the present time,. our use of the consultants has been limited to attendance by John Herman or Steve Belton at the Corridor Task Force meetings at one/half the usual rate so that they may stay in touch with the discussions and provide input on strategy. It would appear that discussions of alternatives to be studied and considered by the Corridor Task Force will begin to be discussed at the task force meeting of July 18, 1990. At that time or shortly thereafter, I believe 'it would be in the City's best interest to have Gerry Bogan present to discuss what may have been accomplished at other airports that could be applicable here. Mr. Bogan had previously quoted work of this kind to us at a cost of $3,600, not including travel expenses to support those alternatives locally. Because of the work Mr. Bogan previously did, he believes that the development of alternatives can be accomplished at a lower cost. If, however, we wish to have him present at a Corridor Task Force meeting to support his recommendations, which I believe would be necessary, airline tickets and other costs associated with the work have averaged approximately $1,200. Mr. Bogan has indicated that he will accomplish work in the development of alternatives and provide support, including one on- site visit, for an amount not to exceed $4,400. He indicates that he believes it will be possible to accomplish this work in less time. Please discuss this matter with the City Council and request authorization for this additional expenditure. Due to previously scheduled conflicts, Mr. Bogan will not be available on either July 18 or July 25. Therefore, I will request that the task force meet on Tuesday, July 24 so that he may be present if Council authorizes this additional work. At the Council's request, staff can prepare a letter of understanding covering this not -to -exceed agreement. If you have any questions in this regard, please let me know. Asstant to the City Administrator JH/6!d Agenda Information Memo July 10, 1990 City Council Meeting .11 D. Renewals, 1990 Trailers—Seven trailer permits are before the City Council for consideration in 1990. The trailers belonging to Edmund Schwanz and Jim Horne have been removed from their previous locations and do not require renewal. The trailers belonging to Tripp Oil Company, Earl Marotzke and Lyle Schultze are still present and in use and may be considered for renewal. Two of the permits involve special circumstances. The permit for American Homes, the trailer home sales office located at 3660 Dodd Road is no longer in business. However, approximately five mobile homes remain on the site. Staff has attempted to contact the owner, Steven Isaacson, by mail, telephone and direct visit. While it appears that someone is living on the site of the business, staff has been unable to reach anyone at that location. As a consequence, staff has been unable to ascertain the intentions of Mr. Isaacson and, absent specific intent to pursue a license renewal, it is probably appropriate for the Council to direct staff to continue efforts to contact Mr. Isaacson and enforce removal of the trailers absent an application for a permit. Special circumstances also relate to the trailer home residence of Marvin and VeVave Fritz. A ditional information regarding these circumstances is enclosed on pages through in a memoranda from Administrative Intern Olinger and Administr Intern Weldon. The Fritz's have occupied the mobile home at this location for over ten years and, according to research, have only received one (1) one year permit on June 3, 1980. As the staff memo indicates, Mrs. Fritz continues to indicate that they plan to build a home on the lot beginning this fall. It will be necessary for the City Council to make a determination as to whether to approve a permit for the Fritz's in anticipation of this condition. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve or deny renewal of trailer permits for Tripp Oil Company, Earl Marotzke and Lyle Schultze, 2) to direct staff to pursue removal of the trailer homes located at the former site of American Homes unless a specific request for renewal of permit is received by the City from the property owner and 3) to make findings and approve or deny a trailer permit for Marvin and Verene Fritz. �3 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE INTERN OLINGER DATE: JULY 21 1990 SUBJECT: TRAILER PERMIT RENEWAL, 1990 I have conducted site inspection of the seven trailer permits subject to reevaluation in 1990. The following is a summary of my findings. Tripp Oil Co. 3085 Hwy 13 (office use) Earl Marotzke 535 Gun Club Road (residence) Lyle Schultze 1315 Carriage Hills Dr. (residence) Edmund Schwanz 810 Yankee Doodle Dr. (residence) Still present and requires renewal of permit Still present, requires renewal of permit Still present, requires renewal of permit No further need of trailer, permit not being renewed American Homes American Homes is no longer in 3660 Dodd Rd. business, but there remains four (sales office) old trailer homes and one newer doublewide trailer home situated behind the house. I was unable to contact the owner, Steven J. Isaacson, to determine his intentions. I went to the home several times, but no one was home, although there is someone living there. Photos available. Jim Horne The trailer has been removed. An 3850 Coronation Ave. employee stated that the trailer had (storage) been relocated to Shakopee. Marvin & Verene Fritz The trailer remains .on the site.. No 4580 E. Greenleaf Dr. preparation for moving the trailer or building a home is evident. I called the home and spoke with their daughter who said that house plans were spread on the kitchen table. I also spoke with Mrs. Fritz who mentioned that they were planning to build a home this fall. I notified her that their trailer permit was revoked after June 30, 1990 and that they would need to come before the Council. I told her I would notify them of when the Council would act on this matter. Enclosures. Administrative I er JJO/vmd q4 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR 6 FROM: JEFF WELDON, ADMINISTRATIVE INTE DATE: JUNE 21, 1989 SUBJECT: REDISCOVERED XOBILE HOME At Councilmember McCrea's request, I investigated the status of a mobile home at the intersection of Cliff Road and Highway 3. The mobile home is used as a residence for Marvin and Verene Fritz, 4580 E. Greenleaf Drive (parcel #10-02500-014-76). On June 3, 1980, the City Council -granted Mr. Fritz's request for a temporary (one year) mobile home permit upon condition that a single-family home would be built and the mobile home removed. Mr, Fritz indicated in the Council minutes this was his intent. There are no subsequent records, either under trailer permits or special permits that extensions or renewals of the temporary permit were requested. On August 23, 1983, then—Chief Building Official Dale Peterson informed Mr. Fritz he had "enjoyed an unofficial extension of the permit due to it being misfiled". Mr. Fritz was told to begin construction on the single-family house immediately or request an extension. On October 11, 1984, City staff requested a meeting with Mr. Fritz because his permit had not only expired, but he had not complied with the conditions of the temporary permit. If Mr. Fritz failed to meet with staff by October 24, 1984, the trailer permit was to be placed on the October 30, 1984 Council agenda for probable action. I have reviewed the minutes from that meeting and the issue was not discussed. I conducted a site inspection this morning, and there is no evidence of any initial construction for a home. However, the parcel file does contain a concept design for a home on the lot. Recommendation: Mr. Fritz should be held to the conditions of the permit issued in 1980. A temporary permit could be issued for one year at which time the mobile home should be removed regardless of whether or not a house has been constructed. JW/vmd cc: Liz Witt �S 0C 211 t0 Council pLinutes June 3, 1980 Page Nine SUNSET ADDITION PRELIMINARY PLAT Mr. Phillip Brandt appeared upon behalf of his application for extension of time to submit the application for the final plat for Sunset Addition to 4, 1980. Mr. moved, Parrantodthat he is seconded thenmotion,ing for the to approve the of thepro the property. Wachter extension with all voting in favor. CEDAR CLIFF ADDITION FINAL PLAT MALLARD PARK 2ND AND 3RD ADDITIONS FINAL PLAT Parranto moved, Egan seconded the motion to continue the applications for final plat approval of Cedar Cliff Addition and Mallard Park 2nd and 3rd Additions to the June 17, 1980.meeting. All voted yes. MARVIN FR JZ MOBILE HOME PERMIT Mr. Marvin Fritz appeared on behalf of his application for mobile home per- mit located on a 12 acre parcel at the northwest intersection of Cliff Road and Highway X13. He indicated that he would be building a home on the property at a later time. After discussion, Parranto moved, Wachter seconded the motion to grant the approval for issuance of a temporary mobile home permit for one year with annual review and further subject to the applicant submitting --a sketch plan for development of the property prior to installing a septic tank on the parcel. All voted yes. PARATRANSIT COMMITTEE The Council reviewed the applications for membership on the Paratransit Committee. Wachter moved, Parranto seconded the motion, all voted yes to appoint Ed Brunkhorst to the Paratransit committee the PopehnEagan andrepresentative. SchaumbergSmith moved, Egan seconded the motion to appoint Phil to the Paratransit Committee. All voted in favor. PARK COMMITTEE APPOINTMENT Two applicants requested consideration as members on the Advisory Park Committee including Steven RichardMorris Pettitand wasRichard electedPettit. fill theAfter vacancywritten ballot by the Councilmembers, METRO AIRPORT ZONING BOARD The City Administrator discussed the status of the Metropolitan Airport Zoning Board and he stated a request had been made for two representatives from t the City of Eagan. The board is expected to continue for app an and to six s theiregulardCltycrepresentativesthe on themotion boardappoint withTomTom Hedges as Dale Runklenkle a a an alternate. All voted yea. EAGAN METRO SECOND ADDITION VACATION The Council set July 19 1980, at 7:00 p.m., as a hearing date for the vacation of the easement in the Eagan Metro Second Addition plat as requested by Metram. q� v — —• June 9, 1980 �azsdn�'ritz �-. 3465 Dodd Road agan, MN 55123 Re: Temporary Trailer Permit Approval Dear Mr. Fritz: In official action that was taken by the Eagan City Council at a regular meeting held on Tuesday, June 3, 1980, you were granted a temporary trailer permit on one and one-half acres of a twelve acre parcel you own located northwest of the Trunk Highway 3 and Cliff Road intersection. The City Council approved the temporary trailer permit due to the hardship that was caused you by having to move out of a rental home located on property owned by Gopher Smelting Company which they are planning to demolish by July 1, 1980. The City of Eagan has issued this temporary trailer permit with an additional understanding that you will be constucting a single family residence within the next year. The City has requested a concept layout for the future platting of your property so that the trailer, well and septic tank facilities are located to fit a future develop- ment scheme. If you have any questions regarding this action, please feel free to contact Mr. Dale Runkle, City Planner, Dale Peterson, Chief Building Inspector or myself at any time. Sincerely, 6_�'o� Thomas L. Hedges City Administrator TLH/hnd cc: Dale Peterson, Chief Building Official CM THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. THOMAS HEDGES BEA SLOMOUIST CITY ADwNIsrRArOR MAYO THOMAS EGA" EAGAN ACITY KE CITY CLERK MARK PARRANTO CITY OF JAMES A SMITH THEODORE WACHTER 3796 PILOT KNOB ROAD COUNCIL MEMBERS EAGAW MINNESOTA 99122 P"O"[ L041-9100 June 9, 1980 �azsdn�'ritz �-. 3465 Dodd Road agan, MN 55123 Re: Temporary Trailer Permit Approval Dear Mr. Fritz: In official action that was taken by the Eagan City Council at a regular meeting held on Tuesday, June 3, 1980, you were granted a temporary trailer permit on one and one-half acres of a twelve acre parcel you own located northwest of the Trunk Highway 3 and Cliff Road intersection. The City Council approved the temporary trailer permit due to the hardship that was caused you by having to move out of a rental home located on property owned by Gopher Smelting Company which they are planning to demolish by July 1, 1980. The City of Eagan has issued this temporary trailer permit with an additional understanding that you will be constucting a single family residence within the next year. The City has requested a concept layout for the future platting of your property so that the trailer, well and septic tank facilities are located to fit a future develop- ment scheme. If you have any questions regarding this action, please feel free to contact Mr. Dale Runkle, City Planner, Dale Peterson, Chief Building Inspector or myself at any time. Sincerely, 6_�'o� Thomas L. Hedges City Administrator TLH/hnd cc: Dale Peterson, Chief Building Official CM THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. J CltV of eagan 3795 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMQUIST EAGAN, MINNESOTA 55121 Moyor PHONE: (612) 454-8100 THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER counc+ memb?rs August 23, 1983 THOMAS HEDGESCity A* w. trotor EUGENE VAN OVERBEKE City Clerk Mr. Marvin Fritz 4580 Greenleaf Drive Eagan, MN 55123 Re: Temporary Trailer Permit Dear Mr. Fritz: In official action of June 3, 1980 the Eagan City Council granted you a temporary trailer permit for one year on parcel #10-02500-014-76. You have enjoyed an unofficial extension of the permit due to it being misfiled. Immediate steps must be taken to start construction on a dwelling as agreed to by you or you must appear at a Council meeting to request an extension. Please contact me if you have any questions. Sincerely, aleS. Peterson Chief Building Official CC: Tom Hedges, City Administrator Lorene Lee, Deputy Clerk Parcel File - #10-02500-014-76 DSP/bar THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3630 PILOT KNOB ROAD, P,O BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 October 11, 1984 anw Marvin Fritz 4580 Greenleaf Drive EAgan, MN 55123 Dear Mr. Fritz, Under the conditions set for a temporary trailer permit granted by the Eagan City Council on June 3, 1980; you were given a one-year permit in order to build a house in 1981. You were further asked to provide a concept layout for future platting of the property. BEA BLOM9UIST Moves THOMAS EGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER Cwnci Members THOMAS HEDGES Cay AOT"trotor EIJGENE VAN OVERBEKE Ctty Clerk Because you still reside in the trailer, do not have a house under construction and have not provided a concept layout for future platting; you are requested to attend a meeting with City staff to explain the situation. Please arrange a meeting date with Dale Peterson, Chief Building Inspector. The meeting should take place before October 24, 1984.- If you do not review this matter with City staff, your trailer permit will be placed on the October 30,1984 Council agenda for probable action. Sincerely, Elizabeth Witt ADministrative Assistant THE LONE OAK TREE.. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information Memo July 10, 1990 City Council Meeting REVISED STANDARD CONDITIONS OF PLAT APPROVAL E. Revised Standard Conditions of Plat Approval—Enclosed on pages through �iyou will find the current standard conditions of plat approval and on pages through � the proposed standard conditions of plat approval. The revisions incorporate a number of editorial changes and the incorporation of the water quality dedication element as item G of the conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a revised standard conditions of plat approval as presented. A. 8. C. STANDARD CONDITIONS OF PLAT APPROVAL Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Easements_and_Rights-of-Waxy 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to -private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service 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 necessitated by City storm water storage volume requirements. Plans and Specifications I. All public streets -and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. �o, ikeylseb STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 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 necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 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 insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. �oD STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4. A detailed landscape .plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not release until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public 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 in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. -G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted .a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: PLATAPPR.CON LTS 01 6/12/89 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks and Trails Dedication 1. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water Quality Management Plan. H. Other 1. All standard platting. and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission city council Approved: Revised: plataprv.con LTS #2 Agenda Information Memo July 10, 1990 City Council Meeting SPECIAL USE _PERMI T ININGER CONSTRUCTION F. Special Use Permit, Steminger Construction, to Allow Continued Concrete Recycling in a LI (Iimited Industrial) Zoned District—Enclosed on pages through 14 for your review you will find the Community Development staff report concerning the application of Steininger Construction to continue to operate the concrete recycling plant located southwest of the intersection of Highway 149 and Yankee Doodle Road in the northwest quarter of Section 13. The applicant recently received City Council approval on July 18, 1989 to conduct this activity. If the permit is approved, staff is recommending the following conditions: 1. Dust control procedures shall be utilized. 2. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. 3. An annual review and renewal of the permit which, if renewal is denied, will provide the applicant with a six month notice for termination. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special use permit for Steininger Construction to operate a concrete recycling plant in the northwest quarter of Section 13 as presented and under the conditions described. �oS SUBJECT: SPECIAL USE PERMIT APPLICANT: STEININGER CONSTRUCTION LOCATION: NW 1/4 OF SECTION 13 EXISTING ZONING: PD -LI (PLANNED DEVELOPMENT -LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: JULY 10, 1990 DATE OF REPORT: JULY 22 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit renewal to allow for the continued use of a concrete recycling processing/stockpiling facility located west of Highway 149, south of Yankee Doodle Road in the NW 1/4 of Section 13. COMMENTS: The applicant received City Council approval on July 18, 1989, subject to an annual review as well as other conditions which have been met. The operation involves importing rubble concrete. When the concrete has accumulated to 20,000 cubic yards, a crushing plant is brought to the site to reduce the rubble to reusable Class 5 aggregate. The operation utilizes approximately 1 acre of the 3.5 -acre site owned by Gopher Smelting. The City has not received any complaints regarding this operation. If renewed, this Special Use Permit shall be subject to the following conditions: 1. Dust -control procedures shall be utilized 2. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. 3. An annual review and renewal which, if renewal is denied, will provide the applicant with a six-month notice for termination. Loc.0pr,owr ZWOA4 I t%i& GUIDE fidr l '000000,� \t qms� a) V f --- % 1:Ll 101 D, -.4 HE *0OLD r,. Agenda Information Memo July 10, 1990 City Council Meeting VARIANC'IM CAMERON G. Variance, Tim Cameron, to Allow a 12' Variance to the 30' Setback for a Screen Porch to be Located at 1918 Bear Path Trail, Lot 1, Block 3, Suncliff First Addition— Enclosed on pages throughou will find the Community Development staff report concerning the application of im Cameron for a 12' variance to the 30' setback at the above -referenced address. Mr. Cameron is in the process of constructing a screen porch in accordance with a building permit issued May 11, 1990. ACTION TO BE CONSIDERED ON THIS HEM: To approve or deny a 12' variance from the 30' setback for a sun porch located at 1918 Bear Path Trail, Lot 1, Block 3, Suncliff First Addition. SUBJECT: VARIANCE APPLICANT: TIM CAMERON LOCATION: 1918 BEAR PATH TRAIL LOT 1, BLOCK 3, SUN CLIFF 1ST EXISTING ZONING:. R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: JULY 10, 1990 DATE OF REPORT: JULY 3, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: A building permit application for a deck and porch was submitted to the City on May 11, 1990. The plans were reviewed by the City staff and a building permit was issued. The footings inspection was done on May 21, 1990 and the framing inspection was done on June 4, 1990. During the framing inspection, it was noted that the setbacks for the porch were not in conformance with Code requirements. Because there is no access to Beaver Dam Road, this Planned Development was allowed a 30' setback. The screened porch is an enclosed structure that would normally be required to maintain the 30' setback. However, the applicant was constructing the deck and porch to the specifications on the building permit as reviewed by the City. This lot is located on the corner of Beaver Dam Road and Bear Path Trail. The porch and deck are currently located 18' from the property line. The deck meets setback requirements but the screen porch does not. If approved, this Variance shall be subject to all applicable Code requirements. ��o A 940d. 11 Rg- • It /• le • . ,,, t �. 10 i • ,700• •Maio poseh�Om UFA n2 • } , O��• COQ @A+1 • �br wm � 11 •'� 16 l+ 10of �. Is lrLls AN497 CKto – G 1 I •� �.oe •TIMSE 4��a n , A. 41 w +i. `► / Y It t rte+ �• 1• tvsIF\]/ I y O0 11 -1.. • 64 14 lb tt .. ` ,•t n s t1 •J 1 44 Tp BADGER tCOURT > i '�q t / n �• l of OF to tr _i N + •+ t� 411 •O „ t• 11 MY to ads is 411' 44 Do MND ■ `, , ! J' ., i ♦ e• '� r, ��r •wti •ri — � q t1 1y ! I1 • Ilk so 1 • t• r• Its f�� j7. 4{ 11 to4 or Is itu ay1 ell 11 � i « z inTGTi •• �, ��� 1 y+f A } r n7. I • � •� 11 � �t �w Nary/>sT �' M �j¢ ;� .� 1 • c N •T • • . � 'N * 11 1 f t � O � • 1 it a wm e �l } • N t J i•i iii tt • 4i y n _-sinC1t1 rT7t GEAR �� t • . - 915 1" rr _ 9 '0 e• 11121111__ u 1 Rr Jr ! "J e t1�o • • r 1/ I leo _ ! to ' o 061 101 $ ti M 1• .I �' - MEADOWLAND { ..« 9wr7iri _9•..!917 � t taGovAnd 1achm � n a .. ._. ouTiot •, CD IIIII -'nit -- - L- ' -- SHALE Mr. 7.19• --LANE map •1{rt�17 8641-9140911 �.\ ror: K-ry-1,!ND VO,%E Scale: 1" + 30' tft t Qh / � as gtv �J p� o,,yam 6qh e 01, / `'e.. . J f •ON O Of NOTE: S,C 9g 0 S O ODenotes Iron Monument P rc-rotes Wooden Stake i.u�+vstu yoiage iiuor :.. i�v�ce �zo�useo ziiiisnea ground t:l. ---I— Denotes direction of surface drainage Vertical Datum li.G.V.D, 1929 Lot 1, Block 3, SUN CLIFF FIRST ADDITION Dakota County, Minnesota WE HERESY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION Of A SURVEY Of TME tCXtNDARIES Of THE LAND AJOVE OtSCRI11D AND Of THE LOCATION Of 'ALL IUILDINGS, If ANY, THEREON, AND ALL VISI/LE ENCROACHMENTS, If ANY, FROM OR ON SAID LAND Voted tk;s 7th day wfA.D. 1184 C• R. NDEN R ASSOCIATES, INC. fvr.*r*r, AAinv%ewe Rhi�t.rti�w N� 772 G Agenda Information Memo July 10, 1990 City Council Meeting CONDITIONAL USE PERMPTfR & B INVESTORS H. Conditional use Permit, R & B Investors, to Allow a Pylon Sign in a CSC (Community Shopping Center) District Located Alonga South Side of Duckwood Drive in the NW 1/4 of Section 15—Enclosed on pages J4through 11 i you will find the Community Develo ment staff report concerning the above entitled application. Also enclosed on pages and Aa is a copy of the APC minutes for this item. The proposed- sign meets all ordinance requirements and setbacks and is consistent with the existing construction at the site. It also meets and exceeds the 300' separation requirement to the nearest existing pylon sign. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for a pylon sign for R & B Investors located south of Duckwood Drive in the northwest quarter of section 15 subject to the conditions outlined in the staff report. SUBJECT: CONDITIONAL USE PERMIT APPLICANT: R & B INVESTORS LOCATION: SOUTH OF DUCKWOOD DRIVE N NW 1/4 OF SECTION 15 EXISTING ZONING: CSC (CONIRTUI`'I'I'Y SHOPPING CENTER) DATE OF PUBLIC HEARII`'G: JUNE 26, 1990 DATE OF REPORT: JUNE 19, 1990 COMPILED BY: COM UNTTY DEVELOPMENT DEPARTNIEN'T APPLICATION SU NL4RY: An application has been submitted by R & B Investors requesting a Conditional Use Permit for a pylon sign for Lot 1, Block 1, R & B Addition. COMMENTS: The proposed sign is square shaped and will meet the Ordinance required maximum height of 27' and maximum size of 125 sq. ft. As shown, the proposed pylon also meets the required 10' setback. The color scheme of the pylon is consistent with the color scheme of the existing wall signs, and the area is attractively landscaped and well maintained. The location of the proposed pylon exceeds the 300' required distance from the nearest pylon in Duckwood Square. Staff recommends that the pylon be internally lighted. CONDITIONS: I. P}-lon sign shall be internally lighted. 2. The entire pylon and sign shall meet the 10' setback from all property lines. 3. The pylon sign shall meet Ordinance requirements and be subject to a one time sign fee of $2.50 per sq. ft. FINANCIAL OBLIGATION - 15 -CII -6-6-90 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project use Rate ¢uaztity AMxmt None $ 0 It l�� Page 5/EAGAN ADVISORY PLANNINV,:::•COMMISSION::XSINUTES June 26, 1990 ••• John Vogelbacher (app licaiti'' ::stated he was available for questions. Trygg moved, Merkley seconded, the motion to approve a preliminary plat cons isting..:oi:.:.:.:.1,3 lots.• located in the southwest quarter of Section 25east:::::::?pf:::::::lgwa:: 3 and north of Cliff Road subject to the following condoiis:c::: .1. These standard conditions: -::-.-.of plat approval as adopted by Council action on September 15, 1:9:87:, sha:1:1 be complied with: Al, B1, B2, B3, B4, C1, C2, C5, D1, 2. The joint powers agreement shall be completed and approved by the City Council prior to final plat approval. 3. Extension/ constructici:::6:k':::City trunk watermain, sanitary sewer and storm sewer must be approve�i3:::wy:::City. Council prior to final plat approval. 4. The development is re�qul-r.'e�d: �to treat the site generated storm water runoff in accordance::::7`*`!:th recommendations identified in the City's Water Quality Management Plan prior to discharge into Pond LP -30. All voted in favor. CONDITIONAL USE PERMIT - R 4..B INVESTORS Chairman Voracek opened the :next lic hearing concerning a conditional use permit to allow ::s py.l:On sign in a CSC (Community Shopping Center) district located along 6buth side of Duckwood Drive in the northwest quarter of Section 15. City Planner Jim Sturm summarized the application for the Commission and presented the background information. The applicant was available for questions. Merkley moved, Trygg =: scr%ec1::::::::::he motion to approve a conditional use permit to allow a pylon:.:sign in the CSC (Community Shopping Center) district located alori�-.:::tthe south side • of Duckwood Page 6/EAGAN ADVISORY NUTES June 26, 1990 Drive in the northwest quay:::.;;:.oi.;:::;:;5ebtion 15, subject to the following conditions: 1. The pylon sign shall be internally lighted. 2. The entire pylon sign.;::sa;.l::;:met:::i#a ten foot setback from all property lines. 3. The pylon sign shall melt. ord:hiance requirements and be subject to a one-time sign::::$0:::;Sir.:' square foot. All voted in favor. CONDITIONAL USE PERMIT - BROADWAY PIZZA Chairman Voracek introduced::.:..the next item for consideration by the Planning Commission regar .ng'..p.onditional use permit to allow on-site 3.2 beer and wine in a. CSG`-- d1sttrict located along Rahn Road and Beau D'Rue Drive in the nortie:ast quarter of Section 19. City Planner Jim Sturm Qrcceiitet the application summary to the Planning Commission. The applicant was available for questions. Merkley moved, Trygg seconded, the motion to approve a conditional use permit to allow.on-site 3.2 beer and wine in a CSC (Community Shopping Center) d:stid::Qcaealong Rahn Road and Beau D'Rue Drive in the northeast -quarterof- Section 19 subject to the following conditions: 1. The necessary permits shal.,I,:::be ao§roved by the City's Police Department. 2. All other applicable ordinances shall be adhered to. All voted in favor. Agenda Information Memo July 10, 1990 City Council Meeting CONDITIONAL USE PERMIT/BROADWAY PIZZA I. Conditional Use Permit, Broadway Pisa, to Allow On -Site 3.2 Beer and Wine in a CSC (Community Shopping Center) District Located Along Rahn Roap ,an�id Beau D'Rue Drive in the NE 1/4 of Sec 19—Enclosed on pages through r ` you will find Community Development's staff report concerning an application received of John and Sandra Odeen, doing business as Broadway Pizza, for a conditional use permit .to allow on-site 3.2 beer and wine in a community shopping center district at their new location at 3902 Beau D'Rue Drive. Also enclosed on page_�.2•is a copy of the APC minutes for this item. Broadway Pizza relocated to this address from the Cedar Cliff Shopping Center. The application meets City Code requirements and is conditioned upon receipt of a beer and wine license: In review of this application, it was determined that the subject property of. which the applicant's restaurant is a part has a trunk storm sewer obligation to the City in the amount of $1,799. The Council should determine whether or not this obligation is to be paid as a part of this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit application for Broadway Pizza to allow on-site 3.2 beer and wine in a CSC (Community Shopping Center) district located at Rahn Road and Beau D'Rue Drive in the northeast quarter of section 19. SUBJECT: CONDITIONAL USE PERMIT APPLICANT: JOAN & SANDRA ODEEN (DBA BROADWAY PIZZA) LOCATION: 3902 BEAU D'RUE DRIVE EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: JUNE 26, 1990 DATE OF REPORT: JUNE 18, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit for on -sale beer and wine in a CSC (Community Shopping Center) district at Broadway Pizza located at 3902 Beau D'Rue Drive. The restaurant is a Class I sit down type restaurant with a seating capacity of 55 persons. The .restaurant opened at this location at the beginning of this month. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The necessary permits are approved by the City's police department. 2. All other applicable Ordinances are adhered to. r �73 \\ S Ac / t 4AJX r`. FINANCIAL OBLIGATION - 19 -CII -5-6-90 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. improvement Project Use state Quantity A=KMt Trunk Storm 24 C/I .013/SF 138.415 S.F. $1799 Sewer Otber Considerations: The address for which the conditional use permit is requested is one address of many for this parcel. The upper levels of the buildings are an apartment complex. Area for upgrade charges is the total area of the parcel. 12� % IW voro co IVA,$ r 'EDkRI/A A .2.ND OADDITION ' - ,. f MW • - I'l +�� :`` tit... 20 Af 010-060, haw &9 citAri CO --�-RAV 0 Aor 6- a m GD %VO"H FINANCIAL OBLIGATION 19—CU-5-6-90 TRUNK STORM SEVER UPGRADE CHARGE .......... p.\ Page 61EAGAS ADVISORY PLNNINd::::d6 A:§9!*&N•:: NUTES June 26,. 1990 Drive in the northwest quarte::::::::o%::;;:section 15, subject to the following conditions: 1. The pylon sign shall be internally lighted. 2. The entire pylon::::3c ten foot setback from all property lines. 3. The pylon sign shall meet. ordinance requirements and be subject to a one-time sign fea.:::a€:::::$0:,:S.r:' square foot. All voted in favor. CONDITIONAL USE PERMIT - BROADWAY PIZZA Chairman Voracek introdu06d.:•.•..the next item for consideration by the Planning Commissionregartf g::a:;:.p.onditional use permit to allow on-site 3.2 beer and wine in a. CSC:41.5"trict located along Rahn Road and Beau D'Rue Drive in the nortriaiast quar:ttr of Section 19. City Planner Jim Sturm p.....hted,"the application summary to the Planning Commission. The applicant was available for questions. Merkley moved, Trygg seconded, the motion to approve a conditional use permit to allow.on-site 3.2 beer and wine in a CSC (Community Shopping Center) d:stie'i-6t:: oca d along Rahn Road and Beau D'Rue Drive in the northeast giiatr cf Section 19 subject to the following conditions: 1. The necessary permits shall::be aptiroved by the City's Police Department. 2. All other applicable ordinances shall be adhered to. All voted in favor. l�z Agenda Information Memo July 10, 1990 City Council Meeting RELOCATION EER AND WINE LICENSEIBROADWAY PIZZA J. Relocation of Beer and Wine License for Broadway Pizza, to 3902 Beau D'Rue Drive- -Enclosed without page number for your review is the application of John Odeen doing business as Broadway Pizza at 3902 Beau D'Rue Drive for the relocation of a beer and wine license. Broadway Pizza was previously located at 2113 Cliff Road, at which location the applicant held a beer and wine license. The effect of this application would relocate that license to the current business address. The application involves no change in ownership and has been reviewed and approved by the Police Department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the relocation of the beer and wine license for Broadway Pizza from 2113 Cliff Road to 3902 Beau D'Rue Drive. �:i,5 Agenda Information Memo July 10, 1990 City Council Meeting ORDINANCE AMENDMEN'TJ 11 AND 13 EAGAN CITY COD AST DELINQUENT BU -IS K. Ordinance Amendment, City of Eagan, Amending Chapters 11 and 13 of the Eagan City Code Pertaining to General Requirements 'Past Delinquent BMs"—Pursuant to previousCouncil direction, the City Attorney's office has drafted the ordinance amendment pertaining to the collection of past delinquent bills as a requirement for City approvals. Under the amendment, City approval of subdivision, rezoning, conditional use permit, building permit, grading and/or excavation permit, or variance applications shall be granted only if the applicant is not more than sixty (60) days delinquent in payments for costs of other development related applications. Enclosed on pages L2�) through 1. you will find a copy of the ordinance as approved by the Advisory Planning Commission at its regular meeting of June 26, 1990. In addition, on page you will find a background memo from the City Attorney's office discussing the enforceability of the ordinance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordinance amendments of the Eagan City Code, Chapters 11 and 13 pertaining to "past delinquent bills." [ a4 ORDINANGS NO, CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED 11LAND USE REGULATIONS (ZONING)' BY ADDING SUBD. 29 TO SECTION 11.10 REGARDING GENERAL PROVISIONS AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Subd. 29 to Section 11.10, to read as follows: Subd. 29. City Approval. City approval . of a subdivision, rezoning, conditional use permit, building permit, grading and/or excavation permit under Section 4.30, or variance shall be subject to those requirements set forth in Section 13.11 of the City Code. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including (Penalty for Violation"' and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ADOPTED by the City Council of the City of Eagan this day of , 1990. CITY OF EAGAN Thomas A. Egan, Mayor A'T'TEST E. J. VanOverbeke, City Clerk Date Ordinance Adopted: Date Ordinance Published in Legal Newspaper: gas ORDINANCE NO. CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 13 ENTITLED "SUBDIVISION REGULATIONS (PLATTING)}' BY ADDING SECTION 13.11 REGARDING REQUIREMENTS FOR CITY APPROVAL AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 13 is hereby amended by adding Section 13.11, to read as follows: Subd. 1. city Approval. City approval of a subdivision, rezoning, conditional use permit, building permit, grading and/or excavation permit under Section 4.30, or variance shall be granted only if the applicant and any corporation, partnership, or joint venture in which the applicant has a twenty-five percent (25%) or greater ownership interest: A. Has complied with all relevant statutory and ordinance requirements. B. Is in compliance with all ordinance requirements and conditions of City approval which have been granted to the applicant for any matter. C. Is not more than sixty (60) days delinquent from the date of billing in the payment of any fees, charges, special assessments, and other debts or obligations due the City based upon prior applications for subdivision, rezoning, conditional use permit, building permLt, grading and/or excavation or variance approval on any land in the City or resulting development and the applicant provides sufficient safeguards to assure payment of existing debts within a reasonable time. Subd. 2. Past Delinquent Bills. If an applicant for subdivision, rezoning, conditional use permit, building permit, grading and/or excavation or variance approval has a history with the City within the prior five (5) years of not promptly paying bills within sixty (60) days from the date of billing in conjunction with such applications, even though the applicant is not currently delinquent, the City shall require an escrow equal to 200% of the normal escrow to guarantee payment of City bills for reviewing the application and inspecting the development. i a� Subd. 3. Account Review Board. If any applicant disputes the amount of any outstanding fee, charges, special assessments or other debt or obligation due the City based on prior applications for subdivision, rezoning, conditional use permit, building permit, grading and/or excavation or variance approval on any land in the City or resulting development, the applicant may request that the disputed amount be reviewed by the City's Account Review Board. The Review Board shall consist of a representative from the following City departments, Engineering, Finance, Administration and Community Development. If after review by the Account Review Board it is determined that the charges against the applicant's account are correct, all costs associated with the review will be the responsibility of the applicant. If, however, the charges are found to be incorrect, the costs will be the responsibility of the City. All undisputed amounts shall be paid prior to Review Board action. Amounts as determined by the Review Board shall be paid within 30 days of the Review Board determination. Subd. 4. Waiver. The requirements of this Section may be waived by the City Council under the following circumstances: A. The applicant has provided sufficient safeguards to assure payment of debts or compliance with City requirements within a reasonable time after the City approval, or B. Enforcement of the requirements would result in a significant hardship to the applicant through no fault of the applicant or would result in an otherwise unfair situation. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire .City Code Including 'Penalty for Violationf" and Section 13.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ADOPTED by the City Council of the City of Eagan this day of , 1990. CITY OF EAGAN Thomas A. Egan, Mayor ATTEST: E. J. a-nOverbeke, City Clerk Date Ordinance Adopted: Date Ordinance Published in Legal. Newspaper: I -A SEVERSON, WILCOX & SHELDON, P.A. LARRYS.SEVERSON• JAMES F. SHELDON J. PATRICK WILCOX* TERENCE P. DURKIN MICHAEL G. DOUGHERTY MICHAEL E. MOLENDA" PAUL J. SnER •ALSO LICENSED IN IOWA ••ALSO LICENSED IN WISCONSIN ---ALSO LICENSED IN NEBRASKA July 3, 1990 Mr. Gene VanOverbeke City of Eagan Clerk 3830 Pilot Knob Road Box 21199 Eagan, Mn 55121 A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 6DO MIDWAY NATIONAL BANK BUILDING 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124 (612) 432-3136 TELEFAX NUMBER 432-3780 Re: Ordinance Concerning Requirements for City Approvals Our File No. 206-8511 Dear Gene: KENNETH R. HALL ••*SCOTT D. JOHNSTON JOSEPH P.EARLEY LOREN M.SOLFEST CHRISTINE M. SCOTILLO ANNETTE M. MARGARIT DANIEL M. SHERIDAN OF COUNSEL: JOHN E. VLTKELICH I am enclosing the revised ordinance as requested by the Advisory Planning Commission as a result of its hearing on the matter. It is my understanding that the ordinance will be considered at the next meeting by the Eagan City Council. You will recall that the first version of the ordinance was initially drafted by the City of Minnetonka for collection of mowing costs of undeveloped lots from developers. Later on, the City of Lakeville considered a similar type of ordinance but declined to enact it. Rather, the City of Lakeville established payment of prior amounts due before approvals as a policy of the City but not as an ordinance. The current ordinance started out as a replica of the Minnetonka ordinance and at staff request included building permits, grading and excavation permits and the like. Our latest information is that this ordinance has not received a challenge in the City of Minnetonka. We are attempting to find out if other cities have similar ordinances. As yet, the concept is untested. We will attempt to garner more information prior to the Council's review of this matter. If you have any questions, please contact me. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. J s F. Sheldon Enclosure t Agenda Information Memo July 10, 1990 City Council Meeting PRELIMINARY PLAT/OAKS OF BRIDGEWATER L. Preliminary Plat, The Oaks of Bridgewater/Sienna Corporation, Consisting of 59 Single Family Lots on Approximately 37 Acres Located South of Wescott Road and West of Elrene Road in the Northeast Quarter of Section 23 and the Northwest Quarter of Section 24--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on June 26, 1990 to consider an application submitted by Sienna Corporation for a preliminary plat for the Oaks of Bridgewater which is located south of Wescott Road and west of Elrene Road. The APC is unanimously recommending -approval of the preliminary plat subject to conditions in the staff report. For additional information on this item, please refer to the staff report prepared b ° e Community Development Department which is enclosed on pages ,/throughr For the Council's information, enclosed on pages &$-through 14 V is a copy of the APC minutes regarding this item. The Advisory Parks and Recreation Commission will ' be reviewing this item at their July 12 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for the Oaks of Bridgewater applied for by Sienna Corporation. X30 SUBJECT: OAKS OF BRIDGEWATER - PRELIMINARY PLAT APPLICANT: SIENNA CORPORATION LOCATION: NE 1/4 OF SECTION 23 & NW 1/4 OF SECTION 24 EXISTING ZONING: PLANNED DEVELOPMENT (PD) SINGLE FAMILY - (R-1) DATE OF PUBLIC HEARING: JUNE 26, 1990 DATE OF REPORT: JUNE 20, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been received requesting a Preliminary Plat consisting of 60 Single Family lots on approximately 37.4 acres. The proposed project is located on the unplatted property, P.I.D. #10-02300-011-02, and part of Outlot F, Bridle Ridge 2nd Addition. The site is located north of Bridle Ridge 2nd Addition, the Trotters Ridge neighborhood one-quarter mile east of the Le)dngton Square Addition, south of Wescott Road, and west of Bridle Ridge 2nd Addition, Outlot F. BACKGROUND: This site was rezoned during the Bridle Ridge 2nd platting of 251 single family lots. At that time, 166.9 acres were rezoned from AG (Agricultural) to R-1 Planned Development. The Rezoning and Preliminary Plat for Bridle Ridge 2nd Addition were approved at the April 19, 1988 City Council meeting. That proposal included four phases of development. Phase construction of the project is occurring, however, the applicant has changed the time. The Oaks of Bridgewater was originally scheduled as Phase III and a part of Phase IV in the Bridle Ridge 2nd proposal, and is now the second phase. EXISTING CONDITIONS: _ Bald Lake (JP -20) is included in this plat as Outlot C. The lake is approximately 10 acres and designated in the Shoreland Zoning Ordinance as a General Development lake. Building setbacks must be a minimum of 50' from the Ordinary High Water Mark (OHWM) of 855.6'. All lots meet the 75' width requirement from the OHWM. The site is heavily -wooded north of Bald Lake to the pond located just south of Wescott Road. X31 SITE PLAN: The site is served primarily by two access points from Wescott Road that line up with Woodland Trail and South Hills Drive. Bridle Ridge .Road accesses this project on the east, connecting Bridle Ridge 2nd Addition and the Mill Run Path cul-de- sac will provide access to four proposed lots. The lots vary in size from 12,052 sq. ft. to 37,190 sq. ft. excluding Lot 12, Charles Hall property of 146,760 sq. ft. The average lot size is 18,037 sq. ft. and the average lot width at setback for the project is 111 sq. ft. The density for the project is 1.60 lots/gross acre and 2.08 lots/net acre. The plan indicates two phases. The first phase is located on the east side and includes 26 lots. Phase II contains 34 lots and both cul-de-sacs. The cul-de-sacs will each have landscaped islands similar to those in the Trotters Ridge neighborhood with wood chips and no sod. These islands will be maintained by a homeowners association. Sienna Corporation has decided to work with one builder on this project and feels the homes would be a step up in price from the homes under construction in Bridle Ridge 2nd Addition. Phase II also contains Lot 12, where Mr. Charles Hall has horses kept. As a Condition of Approval from the Bridle Ridge 2nd Addition, Mr. Hall is allowed to keep his horses until the final phase of development. Also, as a condition,. the existing home must change its address when the fourth phase of development occurs which is Phase II of this project, and the Hall homesite shall connect to City sewer and water when the fourth phase of development occurs. ,3Z GRADING/DRAINAGEJEROSION CONTROL: This development incorporates a section of land with considerable variations in topography and elevation with a maximum differential of approximately 501. The topography of the land will be changed significantly in certain areas by the proposed grading of the development. The maximum cuts will be approximately 30' along Wescott Road and maximum fills will be 16' within several areas of the development. The maximum street grades are proposed to be 7% in three areas. City standards for 2% street grades through intersections will be met. To minimize erosion into Ponds JP -19 and JP -20, the grading plan shall protect and save the trees and vegetation for a 50' wide strip around the ponds. The existing vegetation will act as a nutrient trap as runoff drains to the ponds. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. The developer intends to save and protect or transplant as many trees as possible. The spruce trees that exist along the east and west sides of proposed Street D are proposed to be protected. Street D will follow the alignment of the existing driveway as it goes from Wescott Road to the existing house on proposed Lot 12 and the majority of the spruce trees along this stretch are separated by a width of 50 to 70 feet. Staff recommends that the developer construct retaining walls to save trees if the grading plan requires cutting or filling around the trees. If the street grade of Street D will require cutting or filling along the spruce trees, then by adding some retaining walls, more of these trees could be saved. The development will be required to submit detailed plans and specifications covering the construction of the proposed retaining walls. Small portions of the storm water runoff from this site will enter existing storm sewer systems in Wescott and Bridle Ridge Roads. The new intersection of the easterly street, Street D, as it connects into Wescott Road will require the construction of catch basins on the new street. The new catch basins will drain approximately 1.4 acres or 2 cfs to an existing 30" storm sewer within Wescott Road which drains to Pond JP -19. The developer will be responsible for repairs to Wescott Road as a result of the connection to the 30" storm sewer. The preliminary grading plan dated June 19, 1990 shows only backyards from this site draining to Bald Lake. The backyard area draining to Bald Lake is approximately 4.3 acres. The area of Bald Lake or Pond JP -20 included in this plat is approximately 3.2 acres. Approximately 25.4 acres from this site is proposed to drain to a new pond that will be developed at the south end of the plat. The developer is proposing to provide this pond to divert storm water runoff away from Bald Lake and the pond will be designed to meet the City's requirements for water quality. City staff also analyzed the drainage to Bald Lake before development occurred around Bald Lake and the drainage that currently drains to Bald Lake. Even with the diversion of the majority of runoff from this site from Bald Lake, the current drainage area to Bald Lake is greater than the drainage area prior to development. Therefore, the water level of Bald Lake should remain adequate with the normal rainfall. The Parks and Recreation Department has also reviewed the preliminary grading plan and ponding layout. Their concerns are addressed in the attached memo from Stephen Sullivan to Jim Sturm dated June 20, 1990. WATER 2UALITY: The storm water system for this development was designed to minimize the impact that this development would have on the water quality of Bald Lake or Pond JP -20, which has been classified as a Class II indirect contact water body under the Water Quality Management Plan. By diverting 25.4 acres from this site to a new pond which will be downstream from the outlet for Bald Lake, then the majority of the nutrients that would run-off from this site will not impact Bald Lake. The new pond, which has been labeled as Pond JP -21A on the grading plan, will be required to provide 1.4 acre feet of pond storage volume and 2.6 acre feet of wet storage volume. This pond will be required to have a storm sewer line as the outlet that will discharge the outlet flow with a maximum rate of 11.5 cfs to Pond JP -21. The 3.2 acres of Bald Lake located in this plat plus the 4.3 acres of backyard area that will drain overland to Bald Lake are not responsible for a cash contribution to the Water Quality Fund since these area runoff characteristics will not change. The 4.5 acres of the site along Wescott Road and Bridle Ridge Road that cannot be ponded to treat the runoff will be subject to a cash contribution equivalent to 0.5 acre feet for water quality purposes. UTILITIES: Sanitary sewer of sufficient size, capacity, and depth is available at two locations. The easterly portion of the development will receive sewer service from a stub in Bridle Ridge Road. This can serve all of the lots within the first phase of the development. Sanitary sewer for the remainder of the development will be extended from the southeast corner of the site where there is an existing manhole northwest of Canter Glen Circle. As presently proposed, the extension of sanitary sewer from the southeast corner of the development will result in sanitary sewer manholes being outside of street right-of-way. For this reason, staff recommends that a bituminous trailway that is suitable for City maintenance vehicles be constructed to the sanitary sewer manholes. Staff recommends that a sanitary sewer line be extended to the west edge of the plat to serve potential development of land between Pond JP -19 and Bald Lake and the west side of Bald Lake. This area could receive service from the west but the depth of a sanitary sewer line would be approximately 10' higher than a sewer line extended from this development and may not adequately serve the area between the ponds. Water main of sufficient size, pressure and capacity is available to serve this site from an existing 6" stub off of the 12" main in Wescott Road and an existing 6" main in Bridle Ridge Road. Connections to these mains are indicated on the preliminary water main layout and the layout is providing a looping system through the development. STREETSZACCESSICIRCULATION: Street access to the development is proposed at two locations off of Wescott Road. The accesses would be opposite Woodland Trail and South Hills Drive. The entrance opposite Woodland Trail will be of the same width and design as Woodland Trail which has a center island. In addition, a street connection to Bridle Ridge Road on the east side of the development will be provided to improve access and circulation to the Bridle Ridge 1st Addition. The preliminary street layout plan shows that all cul de sacs will have islands with low maintenance vegetation. RIGHT-OF-WAYlEASEMENTSI ERMITS: All required right-of-way and easements of sufficient width based on depth of utilities for streets and utilities will be dedicated as part of the plat. An easement will be dedicated for that portion of Pond JP -19 within the development and Outlot C, Bald Lake, will be deeded to the City. The development will be responsible for ensuring that all regulatory agency permits (MPCA, Minn. Dept. of Health, MWCC, DNR, Corps of Engineers, etc.) are obtained prior to final plat approval. l�� MEMO TO: JIM STORM, CITY PLANNER FROM: STEPHEN SULLIVAN, LANDSCAPE ARCHITECT/PARRS PLANNER DATE: JUNE 200 1990 SUBJECT: THE OARS OF BRIDGEWATER The Parks and Recreation Department has reviewed the preliminary grading and erosion control plan dated June 19, 1990. This review has resulted in several items of concern: 1. The conveyance and storage of water from a proposed development onto adjacent parkland for water quality purposes. 2. The proposed pond location bisects a future trail corridor. 3. The proposed pond high water elevation and layout results in trail placements on steeper slopes. Item #1 The Parks and Recreation Department review concludes that providing the required wet volume and conveying storm water away from Bald Lake protects this parkland waterbody.. Conveyance and ponding of storm water from an adjacent development to a park would not be acceptable with the developer typically being responsible for meeting water quality requirements within their own developments boundaries. In this case, the proximity of Bald Lake, the available alternatives and the Parks Department's interests in water quality in Bald Lake warrant a conditional approval for ponding on parkland. Item A2 The pond location bisects a future trail link from Outlot A, Bridle Ridge 1st Addition through Outlot E, Bridle Ridge 2nd Addition to Braddock Trail. Staff recommends that the developer revise the pond layout having the southern shoreline no closer than .1501 from the existing 18" flared end section. This pond layout would allow efficient and effective horizontal alignment for the future trail corridor. 13e Page Two Item #3 The proposed pond layout and high water elevation inundate the flatter areas which were intended to be utilized for the future trail corridor. The proposed high water elevation places the trail above the 842 and at slopes 10% and greater. Staff recommends that the developer grade a 10' wide trail pad from the west end of Outlot A, Bridle Ridge 1st Addition around the east and south side of the pond. This grading plan should be reviewed and accepted by the Parks and Recreation Department. Stephen Sullivan Landscape Architect/Parks Planner SS/jf 131 FINANCIAL OBLIGATION - THE OAKS OF BRID-MATER Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed. to be made to the City's utility system based on the submitted plans. Improvement project Use None ME OAKS OF BRIDGnN'ATER CONDITIONS: Rate quantity AMO=t M 1. These standard conditions of plat approval as adopted by .Council action on September 15, 1987 shall be complied with: Al, B1,B2,B3,B4,Cl, C2,C5,D1,and El. and F1 and G1. 2. No Variances shall be granted to the Shoreland Ordinance. 3. Mr. Charles Hall may keep his horses until Phase II of this development occurs. 4. The existing home on Lot 12, Block 4, shall change its address into conformance with the new addresses established. 5. Lot 12, Block 41 shall connect to City sewer and water when Phase II of this development occurs. 6. The development is required to submit detailed plans and specifications for the construction of the proposed retaining walls prior to final plat -approval. 7. The development is required to provide a cash dedication for the fulfillment of water quality requirements for the 4.5 acres of this site along Wescott Road and Bridle Ridge Road. B. The development is required to extend sanitary sewer service to the westerly adjacent property between Pond JP -19 and Bald Lake. X34 STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service 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 necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 1 blAo� STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included -in the Development Contract and not release until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public 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 in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. w Advisory planning Commission City council Approved: August 25, 1987 September 15 1987 Revised: PLATAPPR.CON LTS *1 6/12/89 Suoul%1nS / SS331ADN3 / SIGNNTZ 7ul 71!FJ 2s sawn( •1—y_� — _1_- NYif ONISYNd \ lYlf J.tl YNINll3tld ,. �...+ MOI1100Y ONC tOOltl )101tlt tl rrl 'Y• ••1101r1MMM .rr •urn ..11• .•I•,..... MOIlYMOdtlO] YNN3It 1"'•, IIII I 1 �e i" [ i I I i � _t�• { j j''SS I e; I I a ', i I _ _�� y i ill 11•x,• � : � � •I. ' . � I 1 1 11 1� /��\, �''••° '--� ' II I '!•I 111 11 1 I � � \ •�' — =` � __-T ��'�3•a,• 11�� II 11 III I 1 1 /�(I\\ `\ t/Y _i _.1-1 �. rl ` 1'I . .+•\ P, • i iv� i r •�. -I 1. ( �-�. 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I' •,�1•�:,•, i PRELIMINARY ORADINO i EROSION CONTROL .. fi tl••` `•1 •I SIENNA CORPORATION t': ?L Vii' 7-.f •�..•e e•�•f fDnf fn r...,.•ouf. .. nrn s. f.' a •w �� r�•s •n r7- .. .... � :..-,.. •-. THE OAKS OF BRIDGEWATER _ ; _ JI James R. Hill, inc .YAti www,.erA C�� I PLANNERS / ENDIHEERS / S,1RrETDlfS TM k. tC'SIS:Dt.ZN JTME II::C�.:LN(t 51 3aU \-LIS11T1(IN I eL/11TM wit LI` II L 3 I it 15T Cf,l(IITIVN .— ��,j i � tt I 11 �I AI � r ''' � • Ik " I I 1 1 • _ 1 L—ft, -_se.-- It lei t r ♦ / / /r " / / I 1 I I Imo.,'•.:' \\ \ � /, e ! �_�� J L--+ -J � d I ♦ �' � v\ / r /' 1 I i � u Xj. f --�� --- i 1 - � • q - wl 11 1 /�.. rte• moi, J ----- i 771 \ " t- \ erzlp � II n i 1 �: I RIb3E I / �I` I r � n � � ♦�� I I I i l l•J. � 1 I I / til.�� ' -v - ... w.wr •♦\, I• \ / I A,'rvnw I OL1 4 rn1 Ralu t P+un ♦ ♦ _ rte' � • r.vTtr+ F. ifGlF,�t.F. V.,Cj*E MC npbTK»1 \ \ �n \\ID7 sGbl rlgN l frt WT, rl wwTC .�. w:.l�w.is i gum►aELIMIN►aT PHASING a UTILtTT PLAN THP /OAKS OF BiiIDGEWATER—�`i,-'• )afTl25 R. Hllr 1f1G 1sIENN�CORP(7RATION ,n•w, ""uon =T�- PANNERS/.NGINEERS/SIIaVEYM •Uttr .rl Yu.1..OtN.n ll.rr rLi�+*� w'n� mow" MINIITES OF : ':::RZGULAR MEETING OF THE EAGAN ADVISORY PLANNING:::''OMMISSION UP" MINNESOTA A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 26, 1990 at 7:00 p.m. at the Eagan Municipal Center. Present were members Hoeft, Voracek, Merkley and Trygg. Members Miller, Graves, Gorman and Alternate Staehli were absent. Also present were Community::::::: *''I... a :..Director Dale Runkle, City Planner Jim Sturm, Ass istah;E'*"*'C-ity::-P3annex Kristi Marnin, Assistant City Engineer Mike Foertsch and City::':Attorr0e,,y Mike Dougherty. AGJI+XDA Member Voracek chaired ::-tha meeting: Chairman Voracek noted that Item C was continued at staff's request. Trygg moved, Hoeft seconded, the motion to approve the agenda as presented with the exception of Item C which was to be continued to a future Advisory Planning Commission meeting. All voted in favor. Chairman Voracek noted that: on page 3 of the May 22, 1990, minutes, sentence three of the:..,: as. ::,.paragraph should be amended to read "Chairman Graves then ....asetl:: Mr. Engstrom what concerns were expressed at the neighborhood::sft",e'eting." Hoeft moved to approve the May 22, 1990, Advisory Planning Commission minutes. Members Trygg and Merkley stated they would abstain as..they had not been present at the meeting. The motion died for lack::q£::::::scaicl::::and approval was continued until the July, 1990, Advisory�'Pi anning"to' m ss ion meeting. Chairman Voracek then explaine*d::::the Advisory Planning Commission procedures to the public. THE OAKS OF BRIDGEWATER - SIENNA CORPORATION Chairman Voracek opened the first public hearing for the evening regarding a preliminary plat consisting...of 59 single family lots on approximately 37 acres located south df Wescott Road and west of Elrene Road in the northeast quarter of $lection 23 and the northwest quarter of Section 24. 1 4� Page 2/EAGAN ADVISORY PLANNIhi :::-C-0.MM.188TOW::MINUTES June 26, 1990 City Planner Jim Sturm''uar.iie8' the application for the Commission and presented the baekgitr8''information. He further noted that a condition should be added that the landscaped median plan be submitted for approval prior to the final plat approval. He further thanked the applicant for their patience in waiting for preliminary plat approval. Rick Packer of Sienna Ciirrarro3i (}?plicant) stated there were no major issues to discuss. HowpVier, aid::::Item E, he wanted only the retaining walls in the public tights -.of -way reviewed by the City prior to final plat approval. •H''. 'state .:.:that he was not sure where the 4.5 acres came from in:::trlttz:::::7::and stated that there was no need for condition E-4 of ths-:-:standar :::: onditions. City Planner Sturm stated that E-4 could be deleted as a condition. Bruce Atkinson (neighbor) asked if the present home site would have a lot. City Planner Sturm stated that it would. Mr. Atkinson then asked how the water would drain. Assistant City Engineer Mike Foertsch stated he needed toy::::r­evdew the grading plan to answer that. Mr. Packer explained that the''-drai:nge::.:would run south along the east property line. John Kriesel stated he was :repeeieg his sister, Susan Jakes, and that she owned Lot 9, . Bli32' He stated that she only had 15 feet in her backyard and f she could get more property from the new addition. He also had�"tree loss and drainage concerns. Jim Hagen (Lot 8, Block 12) also had drainage concerns. He stated the homeowners' rules should be made clear to any future buyers. Chairman Voracek asked wire: :ti::;: flrainage would go. Assistant City Engineer Foertsch explain -ed.. explained that property would not be transferred to Ms. Jake, but -':::':that they planned to plant trees for a buffer along her lot as ?W211 ak::':two others. Chairman Voracek asked for a clarification on the homeowners' association. Mr. Packer explained that they required the builders to review the association rules with buyers and that the entrance monument would also be signed to notify future buyers. City Planner Sturm explained that the City did not...get involved in homeowners association transactions. Chairman Voracek asked wh;1•t:.;wo�.3d..:happen if the landscaped median was not maintained. City i?e3xie:::::t !k -:.,':explained that it would be removed and assessed against th'6"'homeowners' association. Mr. Atkinson asked for further clarification::::iDh the drainage -issue. City .............. ............. ............................. .............................. ................ Page 3/EAGAN ADVISORY PLANNI1M-3.:::'C0M4.TS'S June 26, 1990 Engineer Foertsch further exP.1.A:!hed:::::::.the drainage. Chairman Voracek ..... ....... asked that the matter issue before the application went to the City Council. Member Hoeft asked for further clarification on the Parks Department's concerns. City....Jp;,anner Sturm stated that all three issues had been resolved and:::.t'.h6:t::::-th6.�::*t:r.;a:l;..I dedication issue would be . ................... , ..d ................... resolved prior to Council hei r*' that Parks is requesting '.: . X.: grading on park property due to the':':"r"equir," ponding easement. Member Merkley asked if th,6:::i:retai.h.ing walls would only be reviewed if they were in -way. City Engineer Foertsch stated that no, th*dt''all':*'r""e"t"a'ining walls would need to be reviewed for the homeowners' protection. Mr. Packer stated that they would not know where they would need retaining walls prior to final plat but any walls built would be submitted to the City for review prior to actual construction. Chairman Voracek asked clarification as to the 4.5 acres referenced in conditid*'h'::.':.'::-7:.:::::�:::C.ity. Engineer Foertsch explained that this was the area in the hbir­-thwest corner of the plat that didn't drain into the existing tr-.'0'.'atment-.-_b.­%:1n. Mr. Packer requested len; :0��.6.y..::':o'"ln"""'boulevard requirements in order to save the existing trees. ge. . r Merkley agreed and stated that the City should work with the developer to save the trees. chairman Voracek concurred. Member Hoeft asked if delinquent bills were an issue with this application. City Planner Merkley moved, Trygg secorld.ed, the motion to approve a preliminary plat consisting of 60 s:-ihgle f6kily lots on approximately 37 acres located south of Wescott- Rid and:::.west of Elrene Road in the northeast quarter of Section 23 ar&:the hbrthwest quarter of Section 24, subject to the following conditions: 1. These standard conditions of , plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C5, D1, El, F1 and G1. 2. No variances shall be land ordinance. �ql Page 4/EAGAN ADVISORY PLANNI14d.:.:d*0M 1 'SSIO'N":: - Page June 26, 1990 3. Mr. Charles Hall may:.:p.:::g#orses until Phase II of this development occurs. 4. The existing home on Lot 12, Block 4, shall change its address into conformance with the new addresses established. 5. Lot 12, Block 4, shall do''Inect: City sewer and water when Phase II of this development occurs.-..._ 6. The development is .:rt4tired:-:- :tosubmit detailed plans and specifications for the construction of proposed retaining walls prior to construction. 7. The development is .Required to provide a cash dedication for the fulfillment of water quo;14.ty requirements for the area of the site along Wescott Road and Brd.1*::.:R..Road. 8. The development is regiired-::btaextend sanitary sewer service to the westerly adjacent proper -t..: et een Pond JP -19 and Bald Lake. 9. The plans for the landscaped median are to be submitted for review and approval prior to the final plat approval. 10. The City shall work?Y. te::ettper in order to save trees if possible in the boulevard 'oii"Roai3.:: ' All voted in favor. SOUTHERN LAKES ADDITION (REVISED) SOUTHERN LAKES PARTNERSHIP Chairman Voracek opened the next public hearing regarding a preliminary plat consisting of 13 lot"':.::: located in the southwest quarter of Section 25 east of Highway 3 and.'ni orth of Cliff Road. City Planner Sturm summa 2 c :; .... '.1 kation for the Commission and presented the background information. He stated that two lots had been added to the previously approved preliminary plat and outlined their location. 4,q Agenda Information Memo July 10, 1990 City Council Meeting SOUTHERN-LAKES/COMP GUIDE PLAN AMENDMENTIREZONINg2RELIMINARY PLAT M. Comprehensive Guide Plan Amendment, Southern Lakes (Revised)/ Southern Lakes Partnership, Changing the Land Use Designation from D -H Mixed Residential (Approximately 13 Acres) to D -I Single Family, a Rezoning of 13 Acres from A (Agricultural) to Single Family, a Preliminary Plat Consisting of 13 Lots Located in the Southwest Quarter of Section 25, East of Highway 3 and North of Cliff Road and Clarification of Joint Powers Agreement --This item was originally considered and approved by the Eagan City Council at a May 17, 1990 Eagan City Council meeting. Since that time, the developer has requested a change in detail design which would create two additional lots. (Originally eleven single family lots were approved in the City of Eagan; now the number is thirteen.) Because this is a substantial difference to the configurations which were originally approved by the Eagan City Council, a second public hearing was required for this item. That public hearing was held by the Advisory Planning Commission at their last regular meeting held on June 26, 1990. The APC is unanimously recommending approval of the revised plans, including the comprehensive guide plan amendment, the rezoning and the preliminary plat consisting of thirteen lots, subject to conditions in the staff report. For additional information on this item, please refer to the staff repop prepared by the Community Development Department which is enclosed on pages through 1" Enclosed in that report is a copy of the minutes from the May 17, 1990 City Council meeting. For the Council's information, enclosed on pages U,71through ais a copy of the APC minutes regarding this item as revised. Also for the Council's information, enclosed on page -41 is a copy of a memo from the Director of Parks and Recreation which was originally enclosed with packet information on May 17, 1990. Regarding the clarification of the Joint Powers Agreement, the developer has corresponded and met with various staff members regarding proposed area assessment charge considerations in the proposed Joint Powers Agreement. The developer and staff re lest a clarificatio�of the Council's position on these assessments. Enclosed on pages through�S is a copy of a letter from John Vogelbacher, of Southern Lakes Partnership, regarding the developer's position on the proposed area assessments. A memo from the Director of Public Works regarding this item will be included in the Additional Information memo to be distributed on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment, a rezoning and a preliminary plat for Southern Lakes as revised to reflect the inclusion of thirteen rather than eleven single family lots. Also, to provide clarification regarding the proposed area assessments as considered in the Joint Powers Agreement. 149 MEMORANDUM TO: GARY GRAVES, CHAIRPERSON & ADVISORY PLANNING COMMISSION MEMBERS FROM: JIM STURM, CITY PLANNER DATE: JUNE 20, 1990 RE: SOUTHERN LAKES REVISED PRELIMINARY PLAT In May, the City of Eagan approved the Southern Lakes Preliminary Plat consisting of 11 Single Family lots on approx. 13 acres at the northeast intersection of Cliff Road and Highway 3. The Comprehensive Land Use Plan and Rezoning were also acted upon at that time. Since then, in the detail design phase, two additional lots could be created in Eagan if lot lines were shifted. The road configuration would not change; however the change is substantial enough to require a public hearing and City Council approval. As proposed, all lots still meet Code R-1 requirements. Staff is currently working on the Joint Powers Agreement with the applicant and the City of Inver Grove Heights. The original staff report and revised plat have been submitted for your review and all conditions of the original approval still apply. JS/js 1s° �tis._a��s 3fe�z3 o '/� Ri�•. lyY I s ' Page 14/EAGAN CITY COUNCIL MINUTES May 17, 1990 -.�- Y KN 9M The City Administrator said the applicant was requesting a comprehensive guide plan amendment, a rezoning of approximately 13 acres to an R-1 district and a preliminary plat consisting of 11 lots located east of Highway 3, north of Cliff Road, abutting Inver Grove Heights to the east. Mr. John Vogelbacher of Southern Lakes Partnership, gave a brief summary of the development. Because this project is on the Inver Grove Heights/Eagan border, discussion followed as to the service responsibility of each city. The Director of Public Works said the original service boundary went further into Inver Grove Heights and has been planned for. He also stated that the City could handle the entire development without incurring any additional casts. McCrea moved, Pawlenty seconded, a motion to approve a comprehensive guide plant amendment for the Southern Lakes Addition for the Southern Lakes Partnership. Aye: 5 Nay: 0 R-90.36 McCrea moved, Gustafson seconded, a motion to approve a rezoning for the Southern Lakes Addition/ Southern Lakes Partnership. Aye: 5 Nay: 0 McCrea moved, Pawlenty seconded, a motion to approve a preliminary plat entitled Southern Lakes Addition as applied for by Southern Lakes Partnership subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2, B3, B4, C1, C2, C5, 01, E1, F1, and G1. 2. The joirrt powers agreement shall be completed and approved by the City Council prior to final plat approval. 3. Extension/construction of City trunk watermain, sanitary sewer, and storm sewer must be approved by City Council prior to final plat approval. 4. The development is required to treat the site generated storm water runoff in accordance with recommendations identified in the City's Water Quality Management Plan prior to discharge into Pond LP - 30. Aye: 5 Nay: 0 �sz SUBJECT: COMPREHENSWE GUIDE PLAN AMENTMENT, REZONING, PREITV11NARY PLAT (SOUTHERN LAKES ADDITION) APPLICANT: SOUTHERN LAKES PARTNERSHIP LOCATION: E 1/2 SECTION 2S EXIS71NG ZONTING: AG (AGRICULTURAL) DATE OF PUBLIC HEARING: APRIL 24, 1990 DATE OF REPORT: APRIL 19, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment, Rezoning of approximately 13 acres to an R-1 (Single Family) district and a Preliminary Plat consisting of 11 lots located east of Highway 3 and north of Cliff Road abutting Inver Grove Heights to the east. The site encompasses a total of approximately 252 acres, including an 18 -hole championship style golf course and 117 single family lots. COMPREHENSIVE PLAN: The project site is designated for D -II (Mixed Residential, 0-6 units per acre) in the Comprehensive Land Use Guide Plan. The proposed Single Family residential subdivision at a density of less than one unit per acre is most consistent with the D -I (Single Family Residential, 0-3 units per acre) designation. As such, the Comprehensive Plan Amendment to change the land use designation from D -II to D -I is appropriate. A D -I designation would be compatible with the adjacent D -I and D -II uses surrounding the project site. BACKGROUND: On August 22, 1989, the Advisory Planning Commission heard a request by this applicant to rezone the property to a Planned Development district, allowing an undefined number of multiple family housing units. The area in Inver Grove was intended for Single Family development only, along with the golf course and related items. The applicant never intended to develop a multi -family area, only sell it to a builder in the future. The Commission was reluctant to act on a Planned Development zoning allowing the multi -family zoning without at least a development plan and until some action was taken by the City of Inver Grove Heights regarding the extension of the Metropolitan Urban Service Area (MUSA) line and the amendment to their Comprehensive Plan. The item was unanimously continued by the Advisory Planning Commission. 'Since that time, the following has transpired: On September 11, 1989, the Inver Grove City Council gave approvals for the requested Comprehensive Guide Plan Amendment subject to the execution of Joint Powers Agreements with the City of Eagan and the expansion of the 15 3 City's MUSA line by the Metropolitan Council. The Rezoning to a Planned Development district was continued until such time the final development plan would be approved. The preliminary development plan was approved subject to a number of conditions. On Wednesday, April 11, an in-house only meeting was held with all City departments being notified so issues and concerns regarding the proposed Joint Powers Agreement could be discussed. The direction given to the Community Development Department was to have the City of Inver Grove Heights propose to Eagan what items would be the responsibility of each City. These items may consist of, but not be limited to: fire and police protection; street and utility maintenance; mail delivery; street addressing; who would be the responsible party for the issuance of building permits; 911 Emergency Services; and how would different property identification systems of each City be integrated with. each other or which one would supersede the other. That letter has not been submitted to the City of Eagan as of yet, but the issues are at least being identified for both Cities. The Joint Powers Agreement should be to both Cities satisfaction prior to final plat approval. E)OSTING CON-DITION'S & PROPOSED DEVELOPMENT PLAN: The site consists of rolling grassland with heavily wooded hillsides. Approximately one-third of the site contains mature oak and maple stands. There are also nine ponds ranging in size from one acre to twelve acres. Adjacent land use is Agricultural on all sides. The single family portion of the subdivision is designed so nearly all of the lots abut the golf course. The golf course itself was designed by T.H.K. Associates of Denver, Colorado. T.H.K. was retained by Mn Mutual Life to provide the market research, land planning, golf course design, entrance monumentation, and signage for the Wedgewood Valle} Golf Club and subdivision in Woodbury. The 18 -hole par 72 course is over 7,000 yards long from the championship tees. Pool and tennis courts are also anticipated for the clubhouse. Following is a breakdown of the specific land uses: Develo: ment Land Areas Acres Inver Grove Heights 239.7 Eagan 12.40 Total 251.10 Land Use (approximate) Acres Inver Grove Heights Golf course/open space 177.5 Single-family residential 40.0 Public right-of-way 13.7 Clubhouse/recreation area 7.0 Maintenance 1.5 154 Eagan Golf course/open space/park 3.9 Single-family residential 8.0 Public right-of-way .5 Future total land area (approx.) 252.1 The single family lots in Eagan meet all R-1 lot requirements and vary in size from 17,000 sq. ft. to 50,000 sq. ft. averaging nearly 23,000 sq. ft. 155 GRADING DRAINAGE EROSION CONTROL: The grading that will be required for the it single-family residential lots in the Eagan portion of the development will require cuts of up to 20' and fills up to 161. The preliminary grading plan proposes to provide 61- 10' high berms along Cliff Road and the railroad right-of-way to provide screening. Staff recommends that berming also be added along the west side of the Clubview Circle cul-de-sac to allow the proposed berm to continue the entire length along the railroad right-of-way. To minimize erosion into Pond LP -30, the grading plan shall protect and save the trees and vegetation for a 50' wide strip around Pond LP -30. Pond LP -30 is a designated ponding area in the City's Comprehensive Storm Drainage Plan. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. The drainage plan for this development proposes to direct the runoff from the Eagan portion of the site directly to Pond LP -30. However, Pond LP -30 is designated as a Class II Indirect Contact Recreational waterbody in the City's recently adopted Water Quality Management Plan. The recreational use of this waterbody is identified as canoeing and/or fishing. Pond LP - 30's water quality currently meets those requirements. In order to preserve the water quality of this pond, the drainage plan shall include the construction of nutrient detention basins to treat the site generated storm water runoff from the new development before discharge into Pond LP -30 or not discharge any site generated storm water runoff into Pond LP -30. An outlet will need to be provided for Pond LP -30. The outlet for the pond will protect the houses around the pond from flooding in the case of an extended wet period or major rainfall event. UTILITIES: A 12" trunk sanitary sewer line has been provided to the intersection of Cliff Road and East Greenleaf Drive. According to the Comprehensive Sanitary Sewer Plan, this 12" trunk line has sufficient size, capacity and depth to serve the Southern Lakes development with the density as R roposed. The preliminary utility plan provides a sanitary sewer line along Cliff Road from the development to East Greenleaf Drive. The estimated flow from the proposed 117 single-family units plus the five -acre commercial site/clubhouse will not exceed the planned flow estimated in the Comprehensive Sanitary Sewer Plan that was assumed for this area. The areas in Inver Grove Heights proposed to be served by the Eagan sanitary sewer system shall be subject to the trunk area sanitary sewer charges for the City of Eagan. The sanitary sewer layout for Clubview Court shall include an 8" sanitary sewer stub to the west to serve the east section of Parcel #010-75 which lies easterly of T.H. 3. This sewer stub will provide service to that currently vacant property. Water main of sufficient size and capacity is available to serve the Eagan portion of this development by extending the 12" trunk water main at East Greenleaf Drive and Cliff Road. The Inver Grove Heights portion of this development has not been included in the Comprehensive Water Supply and Distribution Plan. Therefore, additional water main might be necessary to serve the Inver Grove Heights portion from the Eagan water system. To provide looping and adequate fire protection for the Inver Grove Heights portion of the development, water main will be required to be extended from the northwest corner of this site northerly to the proposed water main in the proposed Autumn Ridge development. In addition, an added section of water main from Clubview Drive to Autumn Oaks Drive along the south side of DNR Pond 29'6W will provide adequate fire protection to the site. STREETS/ACCESS/CIRCULATION: The preliminary street layout plan proposes access to the 11 lots in Eagan from a connection to Cliff Road at a location approximately 1,000' east of T.H 3. The location of this street opening onto Cliff Road will require Dakota County reviewal and approval. The streets in Eagan shall be designed to normal City standards with an urban section and concrete curb and gutter. EASEMENTS/RIGHT-OF-WAY/PERMITS: Sufficient right-of-way and drainage and utility easements shall be dedicated for the proposed streets and utilities that will be needed to serve this development. Sufficient right-of-way for Cliff Road shall be dedicated as required by Dakota County. Restricted access shall also be dedicated on the final plat for all frontage along Cliff Road on either side of the proposed street access points. The preliminary street layout plan does not propose any accesses off T.H. 3 which would also require a crossing of the railroad tracks. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Department of Health, Dakota County, etc., are acquired in a timely manner. /57 FINANCIAL OBLIGATION - SOUTHERN LAKES: The City of Eagan will be providing water and sanitary sewer utilities to the Southern Lakes Development which is in Eagan and Inver Grove Heights. The Joint Powers agreement between the City of Inver Grove Heights and the City of Eagan has not been drafted at this date, so the amount of the financial obligation is unknown. Approximately 144 acres of this proposed plat drains into the City of Eagan storm sewer. The current plat configuration proposes that most storm water will be kept in Inver Grove Heights. Any storm sewer trunk charge will also be negotiated as part of the Joint Powers agreement between the City of Eagan and the City of Inver Grove Heights. For that portion of the plat located in the City of Eagan, the following financial obligation is estimated: Improvement Use Rate Quantity Amount Sanitary Sewer Trunk S.F. 1,435/A 7.9 A $11,336 Water Trunk S.F. 1,450/A 7.9 A 11,455 Storm Sewer Trunk S.F. .056/S.F. 342,600 S.F. _19,j97 Total $41,988 SOUTHERN LAKES CONDITIONS 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C5, D1, E1, F1, and G1. 2. The Joint Powers Agreement shall be completed and approved by the City Council prior to Final Plat approval. 3. Extension/construction of City trunk watermain, sanitary sewer, and storm sewer must be approved by City Council prior to final plat approval. 4. The development is required to treat the site generated storm water runoff in accordance with recommendations identified in the City's Water Quality Management Plan prior to discharge into Pond LP -30. a,' STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff'.s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -gray 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service 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 necessitated by City storm water storage volume requirements. C. Plans ;and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 1159 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not release until one year after the date of installation. 5. All internal public and private* streets shall be constructed within the required right-of-way in accordance with City design standards. D. 'Public Improvements 1. If any public 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 in the time frame required by the affected agency. F. Parks Dedication I. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15 1987 Revised: PLATAPPR.CON LTS #1 6/12/89 ��D /00-- 04 r'.0 �67-1 0 t4IJ L-rNinEFtAti+ 'D . — — •. ee --q cI Y 14; . �ir�L/'%� '1 I .i11� r`. _i.li. �jI a £ '' E4r�:. ,u� {'L. •`}�' :'7y� .i ++• 1 � ' I 111 141 ,� � 1�i!��,�.`�,'O X11 •f a�3�� y � r �r�li� r Mi Lit re � •� �'� l:��,' r^- ... L I rl 1�1 L'1.`�s. t , ' � �•.�f „l�,�r -, W'ii rn�Ki�tf, , - _ ..ter'-==_' T�• -_ .Jf.� -_... "� �T+r'►--'.i�`�ISI .l l•r '"••' f jl; '' � ► I ! �; i , li I'i• I ' I I I i, f i l i i i t ► d� ►ail! �� Y 14; . �ir�L/'%� '1 I .i11� r`. _i.li. �jI a £ '' E4r�:. ,u� {'L. •`}�' :'7y� .i ++• 1 � ' I 111 141 ,� � 1�i!��,�.`�,'O X11 •f a�3�� y � r �r�li� r Mi Lit re � •� �'� l:��,' r^- ... L I rl 1�1 L'1.`�s. t , ' � �•.�f „l�,�r -, W'ii rn�Ki�tf, , - _ ..ter'-==_' T�• -_ .Jf.� -_... "� �T+r'►--'.i�`�ISI .l l•r '"••' f 486 LAND DEV[LOPMtNt SUMMAny w\ert+tw w•ttvr.I rYtlRt tAN. tn- t ".a\ ►YtYt KOVL�tDi� tW tRl 1�Ytf 1 IJ �CtSI \ I w1\ r\Ct "I IHVHt •f �Ntl1 �M iS KMI 0.0A •f A[MI �tlf ra.. �a AlNI N4L 0.1 Ito • 15.6 Aittt\ OWU L M\ W t S+.Ctrt R C S S e 6-.1 ♦•q w►q.Ate1 1 ift CTTT Of JOAN �.... CI\OACC. Vk-AVK[t. ST ►AUL IL NCW4 AA06 MCAD STATt It10'twAt S �_.�. _ _�btT Or tiMlR OnDv! Fi*r<TI �. ._PMOL! ►AM+LT Dt rtltlt•MttIT M TPLt ►AMIE• OfrtLOPMUIT �..}.* < _ M11K WI;II MIMI* DOCK i moln•ot.rA. - ; // . �� ear course iI rnoxv otrnvocATron t_ .,tvtyR! AGO►eelTrou SIDtNIAtIrT ._---_. � l A �t. • I \ 10" SN ►w Owl. C>I1�11G��t ul�' L OPMENT PROPOSAL EAGAN, MN - —t -.n "4DESIW/SIVD10 u z z LL LL l�u a LO W O o Page 4/EAGAN ADVISORY PLANNING::::tQittt'514"::t4INUTES June 26, 1990 3. Mr. Charles Hall may:p.::Ag:#iorses until Phase II of this development occurs. 4. The existing home on Lot 12, Block 4, shall change its address into conformance with the new addresses established. 5. Lot 12, Block 4, shall cohnect :t.m City sewer and water when Phase II of this development occurs.,;.., 6. The development is `eiiirecl:::tCsubmit detailed plans and specifications for the construction of proposed retaining walls prior to construction. 7. The development is xequired to provide a cash dedication for the fulfillment of water ia:l':ty requirements for the area of the site along Wescott Road and Brill a:::R :dge,..Road. S. The development is required:::to ixtend sanitary sewer service to the westerly adjacent propert.y.. t een Pond JP -19 and Bald Lake. 9. The plans for the landscaped median are to be submitted for review and approval prior to the final plat approval. 10. The City shall work ctli:::e:::levoper in order to save trees if possible in the boulevard on Road""D': All voted in favor. .SOUTHERN LAKES ADDITION (REVISED) SOUTHERN LAKES PARTNERSHIP Chairman Voracek opened the next public hearing regarding a preliminary plat consisting of. 13 lot5:::::located in the southwest quarter of Section 25 east of Highway'3 and. -north of Cliff Road. City Planner Sturm summfzeci'ii:;p lication for the Commission and presented the background information. He stated that two lots had been added to the previously approved preliminary plat and outlined their location. Page 5/EAGAN ADVISORY PLANNI945:::'COMMISSION:'�KINUTES June 26, 1990 John Vogelbacher (applicant}:::::::: -:-stated he was available for questions. Trygg moved, Merkley seconded, the motion to approve a preliminary plat consisting. : 1,3. Lots„ located in the southwest quarter of Section 25 east:::::::cif:::::Ftghwa:: 3 and north of Cliff Road subject to the following cond�i.oiis 1. These standard conditions::::.of p:at approval as adopted by Council action on September 15, .1:x:8?:, sh&i::l be complied with: Al, B1, B2, B3, B4, C1, C2, C5, D1,ait:.:G:X: 2. The joint powers agreement shall be completed and approved by the City Council prior to final plat approval. 3. Extension/ construct io:::o:f::::Ci.ty trunk watermain, sanitary sewer and storm sewer must be approvecl:::y::Cy Council prior to final plat approval. 4. The development is requxr ..-d-l"to treat the site generated storm water runoff in accordance:::::'::Vith recommendations identified in the City's Water Quality Management Plan prior to discharge into Pond LP -30. All voted in favor. CONDITIONAL USE PERMIT - R.&..B INVESTORS Chairman Voracek opened the :next ptiiblic hearing concerning a conditional use permit to allow::::: pyl:bn sign in a CSC (Community Shopping Center) district located along 6&uth side of Duckwood Drive in the northwest quarter of Section 15. City Planner Jim Sturm summarized the application for the Commission and presented the background information. The applicant was available for questions. Merkley moved, Trygg eccfdeci: ::the motion to approve a conditional use permit to allow a pylon:.:sign in the CSC (Community Shopping Center) district located alori4.:::.the south side of Duckwood 1J MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: . AY 10, 1990 RE: SOUTHERN LAKES ADDITION - SOUTHERN LADS PARTNERSHIP The Advisory Parks and Recreation Commission reviewed the above referenced proposal at its May 3, 1990 meeting and made the following recommendations: 1. That this proposal be subject to a cash parkland dedication. 2. That this proposal be subject to a cash trail dedication. KV:cm cc: Ed Kirscht, Engineering Technician Marilyn Wucherpfennig, Planning Aide Marlene Zaleznicik, Planner I A PLANNED RECREATIONAL COMMUNITY M THE COMMUNME5 OF EAGAN AND PMR GROVE HE)GHTS July 5, 1990 Mr. Tom Egan Mayor City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 BY: Messenger Dear Mr. Egan: Developed by Southem Lakes Partners 1250 East Moore Lake Drive, #200 Mirreapolis, MN 55432 (612) 572-2535 RE: Proposed Area Assessments On May 17, 1990, the preliminary plat for Southern Lakes was unanimously approved. As you may remember, because of the late hour, we abbreviated our presentation eliminating a video describing the scope of the total development. In any event, we hope you understand every effort has been made to provide that Southern Lakes will become one of the finest golf communities in the metropolitan area. Designed and to be built with the highest standards of quality, the Southern Lakes public championship golf course will provide a much needed recreational facility as well as adding to Eagan's ability to attract additional residential and business development. We emphasize the golf course portion of the development for a very important reason. The City's current area assessment charges, as determined by staff, have evaluated Southern Lakes as if the golf course never existed. These proposed assessment calculations have included the total site area, irregardless of the majority of the property to be developed, as a non-utilitied permanent recreational facility. We feel this is unreasonable and is in direct conflict with the Council's most recent action taken regarding golf course area assessments. �-140 Mr. Tom Egan Mayor July 5, 1990 Page 2 On June 12th, we corresponded with Mr. Tom Hedges expressing our knowledge that previous Eagan City Council and District Court actions have excluded golf courses from area charges. Due to the unix{e joint power situation, we also.realize a high degree of coop—ation between Inver Grove Heights, Eagan and the develope, is needed if Southern Lakes is to become a reality. With this in mind, we have proposed an alternative assessment calculation. The alternative provides no shortfall, but moreover, surplus assessment revenue over what Public Works had planned prior to the Southern Lakes proposal. Although a portion of the golf course•would be assessed, consideration is given relative to the density and utility use of the development. For your review, I have enclosed a copy of our with Mr. Hedges outlining our proposal in detail. your consideration and look forward to working with Sincerely, SOUTHERN LAKES PARTNERS Jrbac Itc HN VOGELBACHER MANAGING GENERAL PARTNER JV: ss Enclosure 1 correspondence We appreciate you. TV "Pli X. 5t If j 22!!!22, -TZ X-3 VA, IL A PLANNED RECREATIONAL COMMUNITY IN THE L -C" )NITIES OF EAGAN AND INVER GROVE HEIGHTS June 12, 1990 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Tom: Developed by Southem Lakes Partners 160 Errt Moore Lake Drize, #200 Minneapolis, NN 55432 (612) 5.72-2535 FOR YGU� �NpO Rti1ATIpN RE: Joint Powers Agreement As you know, a meeting was held last Friday concerning the first draft of the Joint Powers Agreement between Eagan and Inver Grove Heights. I was very pleased with the level of cooperation between those in attendance. With a few revisions to the agreement, the logistics of providing public services to Southern Lakes should be acceptable to the City Staff members. Mike Dougherty will be working on those changes and I would'hope the revised agreement should be available for review this week. It seems that the only unresolved issue relates to the area charge consideratons of the agreement. Proposed was sanitary sewer and water charges based on total site acreage minus those areas typically deleted (approximately 176 acres). Area charge payments are proposed to have been paid, in full, at the time of utility service with no consideration for development phasing. As a result, area charges relating to Inver Grove Heights would be approximately one-half .million dollars ($500,000.00). Granted, this agreement is between Inver Grove Heights and Eagan, but any such charges will be immediately passed on to Southern Lakes Partners. As a result, I feel it is appropriate to express our objections to the method of calculations and payments of these charges. We only ask that we are treated in a similar manner as to other developments within the respective communities. In our investigation of the area charges relating to the golf courses, we have found that past Eagan City Council and District Court actions have exempted golf course properties from area assessments of water and sanitary sewer. In the late 1701s, Southview Country Club (a private facility) was successful in overturning its area assessment charges levied against it by the cities of Inver Grove Heights and West St. Paul. Mr. Thomas Hedges City of Eagan June 12, 1990 Page 2 During the same period, Eagan proposed to area assess Parkview Golf Course. Ray Rahn, the owner at the time, filed suit and, just prior to the case being heard, Eagan's City Council took action to eliminate all proposed area charges. As a result, previous court and Council actions have set a precedence regarding area assessment charges for golf course facilities. The City of Eagan's Ordinance Number 91 states that area charges to be determined by Council, "shall be just and equitable". Current staff recommendations to assess the total site, irregardless of the non-utilitied golf course, we feel do not meet the intent of this ordinance and are inconsistent with previous Council and court actions. During our meeting last week we offered an alternative assessment proposal that we feel is both fair for the City and for the development. The alternative proposal evaluates three separate issues: sewer and water, area charges and method of payment. The following is an overview of each area of consideration. Sewer: We would propose an assessment calculation based on the total developer -owned land area, including the golf course, (minus standard deleted areas) within the City's previously planned sewer subdistrict C -EE, as noted on the enclosed Exhibit. As a result, the City would be provided the full amount of assessment revenue that was previously planned, even though the total area of service acreage is substantially less. Water: Water service for the Inver Grove Heights portion of Southern Lakes was not planned to have been supplied by the City of Eagan. The City's expense in providing water trunk service to the Eagan portion of the development is no greater than that incurred in providing service to the total site. As noted on the enclosed Exhibit, we propose that water trunk area assessments be charged for those areas served by the utility. This will add an additional forty to forty-five acres of assessed area and, as a result, provide .the City of Eagan substantially more assessment revenue than what would have occurred if'only the Eagan portion of the development was served. Mr. Thomas Hedges City of Eagan June 12, 1990 Page 3 Payment: We proposed that the payment of area assessments be structured no different than what typically would occur within the City of Eagan. The City of Inver Grove Heights will warrant payment of the .assessments and, in turn, we will be providing Inver Grove Heights security for the same. Phased platting, standard amortization periods and interest typically used by Eagan will make payment of assessments manageable and comparable to other developments within the City. In speaking with your staff, we understand their position regarding the City's assessment revenue. We realize the City has budgeted certain revenue. amounts and in formulating this proposal we have taken that under consideration. As an end result, the City will receive assessment revenue over and above those budgeted amounts. In addition, Eagan will have another thirteen (13) upper bracket homes in its community, and first class public golf course available to its residents. Tom, we appreciate your review of this proposal. We feel that it is fair and equitable for all concerned. If you or your staff have any comments or questions please feel free to give me a call. Sincerely, SOUTHERN LAKES PARTNERS JOHN VOGELBACHER MANAGING GENERAL PARTNER JV:ss Enclosure cc: Tom Colbert Gene Van Overbeke Mike Dougherty Timothy Kuntz l��