06/19/1990 - City Council RegularAGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
JUNE 19, 1990
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
II. 6:35 - ADOPT AGENDA'& APPROVAL OF MINUTES (BLUE)
III. 6:45 -,DEPARTMENT HEAD BUSINESS (BLUE)
IV. 6:55 - CONSENT AGENDA (PINK)
A. PERSONNEL ITEMS
B. LICENSE RENEWALS, Service Station Permits
�( C. LICENSE RENEWALS, Amusement Device
Pr t3 D. LICENSE RENEWALS, Massage Therapy Establishments
'13E. LICENSE RENEWALS, Driving Range
I`7 FLICENSE, Lions Club, Temporary Beer License/4th of July Celebration
v(1 G.
SHOWS LICENSE, 4th of July Carnival
15'H. CONTRACT 89-13, Receive Bids/Award Contract (Cliff Rd - Water Treatment Facility)
)71. CONTRACT 90-07, Receive Bids/Award Contract (1990 Street and Trail Sealcoating)
J. CONTRACT 597, Receive Feasibility Report/Order Public Hearing (Hills of Stonebridge 3rd Addition - Trunk Storm Sewer)
K. PROJECT 598, Receive Petition/Authorize Feasibility Report (Galaxie Cliff Plaza 2nd
P Addition)
�:20 L. PROJECT 595, Receive Feasibility Report/Order Public Hearing (Country Home Heights -
Storm Sewer)
M. PROJECT 594, Receive Feasibility Report/Order Public Hearing (Water Quality Pond JP -
67)
P,z IN. PROJECT 596, Receive Feasibility Report/Order Public Hearing (Woodlands North
Addition -Streets and Utilities)
�p12-10. CONTRACT 87 -AA, Acknowledge Completion/Authorize City Maintenance kBoulder Ridge -
U Streets and Utilities)
ZZ P.. CONTRACT 90-06, Approve Change Order #1 (Lexington Avenue Storm Sewer - McCarthy
Property)
�2,3 Q. AGREEMENT, Approve a Consulting Service Agreement with Dakota County Soil and Water
Conservation District
R. FINAL PLAT Tranby First Addition
2� S. FINAL PLAT, Joseph Connolly Addition
U L T. RATIFICATION, 1990 Budget Adjustment in Response to Legislative HACA-Aid Reductions
U. RATIFICATION, Space Needs Analysis Report
V. 7:00 - PUBLIC HEARINGS (SALMON)
Z� A. VACATE Utility Easement, Lot 10, Block 3, Clearview Addition
VI. OLD BUSINESS (ORCHID)
( A. RECONSIDER RESOLUTION Clarifying Storm Water Utility Fee
,,VII. NEW BUSINESS (TAN)
JJ
'l3A. RESIGNATIONS, Airport Relations Committee
B. VARIANCE, John Vaughn, for a 5' Variance from the 30' Setback Requirement from Public Right -of -Way, 1670 Mallard Drive
/ C. 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
�(D. REZONING, Area K, Multifamily Residential Land Study/City of Eagan, of Approximately
P 44 Acres from R-4 (Multifamily Residential) to R-3 (Townhouse Residential) and
Rezoning of Approximately 49 Acres from A (Agricultural) to R-3 (Townhouse
Residential) and a COMPREHENSIVE GUIDE PLAN AMENDMENT to Change the Land Use
Designation of Approximately 11 Acres of D -IV (Multiple Residential) Designated Land
to D -III (Mixed Residential). Property Located Along Robin Lane Between Highway 13
and Blackhawk Road in South 1/2 of Sec 17
-4 E. 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
G F. Road South of Diffley Road in the NW and SW Quarters of Sec 28 and NW 1/4 of Sec 29
SPECIAL USE PERMIT, U.S. West New Vector Group Inc, to Allow a Cellular Telephone
Facility on the Safari Water Tower Located in the SE 1/4 of Section 31
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 COUNCIL MEMBERS
FROM: CTrY ADMINISTRATOR HEDGES
DATE: JUNE M 1990
SUBJECT': AGENDA INFORMATION FOR JUNE 19, 1990 CITY COUNCIL
MEETING
............. -- ----------------------- ................ 11 ...... ............. ......................... :
After approval is given to the June 19, 1990 agenda and regular meeting minutes for the
June 5, 1990 City Council meeting, the following items are in order for consideration.
At this time, there are no items to be considered under department head business.
Agenda Information Memo
June 19, 1990
There are twenty-one (21) items on the agenda referred to as Consent Items requiring one
(1) motion by the City Council. If the City Council wishes to discuss any of the items in
further detail, those items should be removed from the Consent Agenda and placed under
Additional Items unless the discussion required is brief.
PERSONNEL ITEMS
A. PERSONNEL ITEMS:
Item 1. Seasonal Workers—It has been necessary for City Administrator Hedges to
approve the hiring of a number of seasonal employees since the last City Council meeting.
The approvals were necessary because current seasonal employees either decided not to
accept the position or resigned after beginning work. The new seasonal employees are
Jason Forde and Scott Wohnoutka as seasonal park maintenance workers, Leroy Berg as
a seasonal weed inspector and Dave Shomion as a seasonal streets maintenance worker.
This item is informational. There is no action required on the Council's part for this item.
Item 2. Water Resources Coordinator—The City Council recently approved the City of
Eagan's new, Comprehensive Water Quality Plan. As the Council is aware, in order to
meet the goals of improved water quality in the City of Eagan, the position of "Water
Resources Coordinator" was proposed as a part of this plan. This will be a full-time
salaried position. Funding for the position will be derived from the new storm sewer
utility fund. Accordingly, there will be no additional increase to the City's operating
budget. Staff is now ready to implement this portion of the plan and begin the hiring
process for the coordinator. The position falls at compensation range Exempt I which
indicates a starting salary of $32,244 - 37,380. For the Council's information, a copy of
the job write up for this position is enclosed on pages �_ through (,o .
ACTION TO BE CONSIDERED ON THIS TI'EM: To approve the position of Water
Resources Coordinator and authorized advertisement in order to fill the position.
CITY OF EAGAN
JOB WRITE -IIP
POSITION TITLE: Water Resources Coordinator
DEPARTMENT: Parks & Recreation
DIRECTLY REPORTS TO: Director of Parks & Recreation
INDIRECTLY REPORTS TO: Director of Public Works/Engineering;
Superintendent of Parks
POSITION TERM: Evaluation to occur in 24 months for
possible sunset of position in 3 to 5
years
POSITION SUMMARY:
To coordinate the planning and implementation of policies and
programs intended to preserve and enhance the quality of the City
of Eagan's lakes, ponds and wetlands. Primary activities will be
focused on improving water quality in priority water bodies,
expanding the recreational capacity and usefulness of lakes, and
enhancing the general ecological and aesthetic conditions of the
City's water resources. A key aspect of the position will be the
close coordination and cooperation of the Water Resources
Coordinator with other City personnel and departments in carrying
out City policies and programs related to water quality.
MAJOR JOB FUNCTIONS:
1. Coordinate the implementation of the Eagan Water Quality
Management Plan in an effective and thorough manner,
consistent with program policies and recommendations:
periodically evaluate, review and recommend updates to the
plan in consultation with City departments, the Advisory Park
and Recreation Commission, City Council, and through public
hearings.
2. Develop and disseminate informational resources to the
community through Cable television, local media, City
publications, public hearings, and informational meetings.
3. Plan, deliver, and evaluate educational and environmental
awareness programs for the general public through local
schools, civic organizations, park and recreation programs,
and neighborhood meetings.
4. Develop alternatives for public participation in phosphorus
reduction through innovative programs, such as, phosphorus -
free fertilizer sales, residential soil sampling, and
community wide leaf collection.
3
5. Respond to citizen complaints and requests for assistance with
water quality problems.
6. Design, implement, and evaluate water quality monitoring
programs, including short-term intensive lake sampling, inter-
agency monitoring programs, documentation and assessment of
public complaints, long-term citizens Secchi disk monitoring,
and training of volunteers.
7. Manage, calibrate, and utilize runoff/phosphorus loading
models for the purpose of predicting land use zoning and
future development on water quality. Perform field
verification of wet pond volumes to improve water quality
model accuracy.
8. Research and assist with implementation of City sponsored
programs designed to reduce the introduction of nutrient and
chemical pollutants into water bodies, including street
sweeping, emergency spill response, hazardous waste collection
and regulation of commercial lawn care companies.
9. Assist with review of land use proposals and preliminary plats
to determine impact to water resources; recommend appropriate
measures for mitigation of nutrient impact in accordance with
City policies and modeling techniques.
10. Periodically train and inform developers, City staff and
consultants, on water quality management efforts, including
the design and use of nutrient ponds, dedication policies for
nutrient pond development, and the use of water quality
assessment models.
11. Coordinate the implementation of a lakes management program,
based on the priorities outlined within the Water Quality
Management Plan. Effectively recommend the utilization of
financial and operational resources of the City and outside
agencies in the effectuation of - basin maintenance, pond
dredging and reconfiguration, in -basin treatment, bio -
manipulation, lake aeration, fish stocking, and lake
reclamation.
12. Review all City recreational developments, and recommend
adequate measures to protect water quality, including the
minimization of contributing nutrients or other pollutants to
lakes in or adjacent to public park and recreation areas.
13. Provide technical assistance to the City Engineering
Department to ensure that stormsewer development and
modifications are consistent with water quality goals and
storage parameters in the affected lakes and ponds.
14. Ensure effective administration of program elements on an
"inter -agency" level, through efficient coordination with
other departments and staff, City engineering consultant,
Advisory Park and Recreation Commission and City Council.
15. Cooperate with Soil and Water Conservation District and City
Departments in the enforcement of land use regulations
pertaining to soil conservation, erosion/sediment control,
shoreland zoning/setback requirements, and applications for
"permit to work in public waters". Assist with the review of
EAWs for water quality, wildlife, and fisheries impacts.
16. Assist in preparing a long range capital improvements program
designed to improve the quality of Eagan's lakes and ponds
classified for recreational use. Capital improvements may
include stormwater bypass, creation of upstream nutrient
ponds, water level manipulation, construction of phosphorus
precipitators or in-basinsedimentation ponds.
17. Assist in preparing annual operating budgets related to water
quality planning; analyze and recommend appropriate sources
of funding to ensure the effective implementation of:
education programs, monitoring, capital improvements, and
lakes managements. Assist with administration of operating
budgets and revenue sources.
18. Identify appropriate sources of outside funding; assist with
writing and administration of grant applications - seek
sources of technical assistance, manage associated projects,
and prepare follow-up documentation.
19. Identify, pursue, and coordinate public-private partnerships
for water quality enhancement, including: lake association
initiatives, corporate/private initiatives, civic organization
projects, donations, and charitable contributions.
20. Maintain an up-to-date computerized inventory of all lakes and
ponds. Periodically conduct field studies and integrate any
physical or biological changes to the inventory to ensure an
accurate assessment of the City's wetlands.
21. Maintain up-to-date knowledge of developments in the Water
Resources Management field, so that City programs can operate
in a state-of-the-art fashion. Provide ideas for innovations
and follow through to implementation.
22. Other tasks as directed.
DIRECTLY SUPERVISES: Possibly may supervise seasonal worker(s)
and/or an intern.
MINIMUM QUALIFICATIONS:
1. Four-year degree in limnology, ichthyology, aquatic biology
or a closely related field.
2. Four -years of progressively responsible experience in a
position directly related to water resources management.
3. Working knowledge of applied lakes management,techniques.
4. Sound understanding of fisheries management.
5. Proven excellent communication skills, both written and oral.
6. Knowledge of and/or experience with phosphorous reduction
programs, water quality monitoring programs and land use
regulations pertaining to soil/water conservation.
7. Excellent organizational and coordinating skills.
S. Ability to develop and maintain effective working
relationships with staff,.advisory bodies, other government
agencies and the general public.
9. Ability to perform physical labor commonly encountered in
aquatic field studies.
DESIRED QUALIFICATIONS:
1. Master's degree in limnology, ichthyology, aquatic biology,
or a closely related field.
2. Supervisory experience.
3. Local government experience.
4. Familiarity with computerized water quality programs and
modeling techniques.
5. Experience in the development and dissemination of educational
and instructional resources to thegeneral public.
WORKING CONDITIONS: 40 % OFFICE; 60 % FIELD
FOR INFORMATIONAL PURPOSES ONLY
Z_
Agenda Information Memo
June 19, 1990
PERSONNEL ITEMS CONTINUED:
Item 3. Summer Seasonal Recreation Staff—Because of resignations, it has been necessary
for City Administrator Hedges to approve the hiring of three new seasonal summer
recreation staff members. Those new seasonal employees are Brent Casselman, Sheila
Haugh and Krista Murtfeldt. This item is informational and no action is required on the
Council's part at this time.
Item 4. Sergeants' Collective Bargaining Settlement -As the Council is aware, the Police
Officer's collective bargaining unit recently became affiliated with LEIS to represent them.
The Police Sergeants have formed their own collective bargaining unit per requirements
of Minnesota's labor law. The sergeants have notified the City Administrator that they
will acce t the last offer of the City in collective bargaining negotiations. Enclosed on
page is a summary of that offer/settlement. The collective bargaining agreement
with the sergeants will be for a one year period.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve ratification of the
sergeants bargaining unit settlement for 1990.
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JUNE 13, 1990
SUBJECT: SERGEANTS BARGAINING UNIT/SETTLEMENT
The following is a brief summary of the terms of the City's last
offer to the sergeants' collective bargaining unit. The sergeants
have notified the City Administrator that they will accept this
offer.
1. The contract will be for a one year period of time.
2. wage increases are agreed at 5.1% for calendar year 1990.
3. Longevity is eliminated for police sergeants.
4. Regarding the City's contribution to employee plus dependent
health insurance premiums, the agreed to amount is $245 per
month in 1990.
5. Minor language changes in the Police Sergeant contract have
also been agreed to regarding vacation leave, sick leave and
funeral leave. The language changes are to make the contract
consistent with similar provisions in the City's personnel
policy.
City Administrator
1
TLH/HND/jeh
Agenda Information Memo
June 19, 1990
SERVICE STATION PERMITS
B. license Renewals, Service Station Permits—There are sixteen (16) service station
renewals in order for consideration for the license period which is July 1, 1990 to June 30,
1991. Enclosed on page _/P is a copy of the service station permit renewals. Please
note that two Fina stations were approved on June 5th in official City Council action with
the license period to extend through June, 1991. These two stations were formerly
People's Plus outlets.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve service station permit
renewals for sixteen (16) service stations.
17
Service Station:
Brooks Superette
3390 Coachman Road
Cedar Cliff Amoco
4600 Slater Road
Country 66
3206 Sibley Memorial Hwy
Eagan E -Z Stop
4195 Nicols Road
Eagan Standard
4205 Nicols Road
Finaserve, Inc.
3150 Dodd Road
Holiday Stationstore #232
4295 Nicols Road
Holiday Stationstore #247
3615 Pilot Knob Road
Sinclair Station
3446 Cedar
Superamerica #4049
Diffley Rd & Sibley Memorial Hwy.
Superamerica # 4182
4206 Yankee'Doodle Rd
Superamerica #4335
1379 Town Centre Drive
Texaco Superstore
1579 Cliff Road
Total Petroleum
4206 Nicols Road
Total Petroleum
2000 Rahncliff Court
Yankee Square Standard
1424 Yankee Doodle Road
Two Fina stations were approved on June 5 with the license
period to extend through June, 1991. These two stations were
formerly Peoples Plus outlets.
io
Agenda Information Memo
June 19, 1990
AMUSEMENT DEVICE LICENSE RENEWALS
C. License Renewals, Amusement Device—City Code regulations require the licensing of
all amusement devices. A license period of July through June is part of the regulations.
Enclosed on page /.2—is a list of amusement devices that are in order for renewal.
ACTION TO BE CONSIDERED ON THIS TI'EM: To approve the amusement device
renewals for 1990.
1990 Amusement Device Renewals:
VENDOR
LOCATION
Advance Carter Co. 8 mach.
American Smusement Arcades 4 mach.
850 Decatur Ave. North mach.
Minneapolis, MN 55427 2 mach.
2 mach.
2 mach.
6 mach.
1 mach.
2 mach.
D.V.M. Company
119 State
St. Paul, MN 55107
Gary Starks
3125 Dodd Road
Eagan, MN 55121
Fred Sande
1561 Scheffer
St. Paul, MN 55116
Theisen Vending
3804 Nicollet Ave.
Minneapolis, MN 55409
Brookside Vending
9845 Brookside Ave.
Bloomington; MN 55431
License Period:
July 1, 1990 -June 30, 1991
LaFonda's 3665 Sibley Mem. Hwy.
J. Doolittles 2140 Cliff Road
Broadway.Pizza 3902 Beau d'Rue
Pizza Hut 1325 Town Centre Dr
Pizza Hut 3992 Sibley Highway
Pizza Hut 2130 Cliff Road
Eagan Tap '3998 Sibley Highway
Davanni's 1980 Cliff Road
Eagan Athletic Club 3330 Pilot Knob Rd
over 15 machines Cedarvale Lanes
3883 Beau d'Rue Drive
3 mach. Valley Lounge 3385 Sibley Highway
3 mach. Richards 4185 South Robert Trail
over 15 machines Starks Saloon
3125 Dodd Road
1 mach. Eagan Steak House 1448 Yankee Doodle
over 15 mach. Grand Slam
3784 Sibley Highway
1 mach. Dougherty's 1312 Town Centre Dr.
Summit Amusement over 15 mach. Pockets
2274 University Ave. 2020 Silver Bell Road
St. Paul, mN 55114
* Broadway Pizza is in the process of moving and they don't know
how many amusement devices they will have room for. The appli-
cation for the beer and wine license relocation is on the APC
June agenda and will be on the Council JU1y 10 agenda.
/ 2-
Agenda Information Memo
June 19, 1990
MASSAGE THERAPY ESTABLISHMENT LICENSE RENEWAL
D. license Renewal, Massage Therapy Establishment—City Code regulations require that
licensing of all massage therapy establishments. A license period of July through June is
part of the regulations. There is one massage therapy establishment to consider for
renewal of licensure, that is Today's Concept of Eagan at 2105 Cliff Road. The
establishment license renewal also includes one massage therapist license for Kathleen
Maurer.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the massage therapy
establishment license renewal for Today's Concept of Eagan including the massage
therapist license for Kathleen Maurer.
DRIVING RANGE LICENSE RENEWAL
E. License Renewals, Driving Range—City Code regulations require the licensing of all
driving ranges. A license period of July through June is a part of the regulations. There
one establishment to consider at this time for renewal of a driving range license, Tri -Land
Companies/Tee Time Driving Range at 4260 Lexington Avenue.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the driving range license
renewal for Tri -Land Companies/Tee Time Driving Range.
l3
Agenda Information Memo
June 19, 1990 City Council Meeting
TEMPORARY BEER LICENEFL4TH OF JULY CELEBRATION
F. Lions Club, Temporary Beer License/4th of July Celebration --The City has received
an application for a non-into3dcating malt liquor license (beer license) from a member of
the Lions Club, Robin Norton, to be utilized at the Eagan 4th of July Celebration. The
license would run from July 1 through July 4, 1990. The Police Department is currently
performing its required investigation concerning this license. If there is any further
information that should be made known to the Council, that information will be sent with
the Administrative Agenda on Monday, June 18, 1990.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a temporary beer license
for Robin Norton of the Eagan Lions Club for the Eagan 4th of July Celebration, dates
to be effective July 1 through July 4, 1990.
SHOWS LICENSEATH OF JULY CARNIVAL
G. Shows License, 4th of July Carnival --The City has received an application for a shows
license for the carnival for the Eagan 4th of July Celebration. The application has been
submitted by Robin Norton for the Eagan Lions Club. The license would be effective for
July 1 through July 4, 1990. The Police Department is currently performing its required
investigation of this license. If there is any additional information regarding this item
which should be made known to the City Council, that information will be forwarded with
the Administrative Agenda on Monday, June 18, 1990.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a shows license for Robin
Norton of the Eagan Lions Club for a carnival for the Eagan 4th of July Celebration,
dates effective July 1 through July 4, 1990.
Agenda Information Memo
June 19, 1990, City Council Meeting
RECEIVE BIDS/AWARD CONTRACT
CLIFF RD WTR TREATMENT FACILITY
H. Contract 89-13; Receive Bids/Award Contract (Cliff Road - Water Treatment Facility)-
-At 3:00 p.m., on Wednesday, June 13, formal bids were received for the above -referenced
contract providing for the construction of the City's second iron and manganese removal
Water Treatment Facility to be 1 cated at the northeast corner of Cliff and Pilot Knob
Roads. Enclosed on page Aa is a tabulation of the bids received along with a
comparison of the lowest bid to the engineer's estimate. The bid specifications and
documents were set up to request price quotations for various alternate suppliers -and
vendors of major pieces of equipment (valves, pumps, controls, etc.). The bid documents
also stipulated that the contract would be awarded to the lowest responsible bidder based
on the various alternates selected. Therefore, a detailed evaluation of the alternative bids
will have to be evaluated before a formal recommendation of a low bidder can be
provided. - It is anticipated that this information will be made available at the Council
meeting on June 19.
The Finance Director has been working with the City's fiscal consultant, Springsted, Inc.,
to review and identify a feasible financing plan that provides adequate and responsible
financing for this facility. In anticipation of the City's future needs for water treatment
facilities during the early '70's, the City determined that financing should come through a
combination of surcharges on building permits and user fees. A preliminary review was
performed to evaluate the revenue received to date, combined with the outstanding bond
obligations for the first water treatment facility built in 1983 and taking into consideration
not only this proposed facility, but the ultimate third phase expansion to the overall system
estimated in the year 2000. A more detailed analysis of this proposal will be provided
when the sale of the bonds are presented for approval this fall. -
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 89-
13 (Cliff Road Water Treatment Facility) and award the contract to the lowest responsible
bidder based on designated acceptable alternates and authorize the Mayor and City Clerk
to execute all related contracts.
CLIFF ROAD WATER TREATMENT FACILITY
PROJECT #548
CONTRACT 89-13
1990
BID TIME: 3:00 P.M.
BID DATE: WED., JUNE 13, 1990
TOTAL BASE BID
1.
Penn -Co. Const.
$
8,094,000.00
2.
Knutson Const.
8,114,000.00
3.
Sheehy Const.
8,120,300.00
4.
Adolfson & Peterson
8,143,250.00
5.
Gridor Const.
8,192,500.00
6.
Shaw -Lundquist Assoc.
8,480,000.00
7.
Borson Co.
8,575,000.00
8.
Twin City Const.
8,756,400.00
LOW
BID
$
81094,000.00
Feasibility
Estimate
$
7,000,000.00
Engineer's
Estimate
$
7,000,000.00
Over (+) Under (-) F.R.
+15.6%
$ Over (+) Under (-) E.E.
+15.6%
l�
Agenda Information Memo
June 19, 1990, City Council Meeting
RECEIVE BIDS/AWARD CONTRACT
1990 STREET & TRAIL SEALCOATINGi
I. Contract 90-07, Receive Bids/Award Contract (1990 Street & Trail Sealcoating)--At
10:00 a.m., on Friday, June 15, formal bids were received for the sealcoating of City streets
and trailways in accordance with the continuous ongoing sealcoating maintenance program
by the Public Works and Parks Maintenance Divisions. Enclosed on page is a
tabulation of the bids received with a comparison of the low bid to the engineer's estimate.
All bids will be reviewed for their accuracy in compliance with the bid specifications. Any
deviations and/or irregularities will be reported at the meeting on June 19.
ACTION TO BE CONSIDERED ON THIS MM: To receive the bids for Contract 90-
07 (1990 Street & Trail Sealcoating) and award the contract to the lowest responsible
bidder and authorize the Mayor and City Clerk to execute all related documents.
n
1990 SEAL COAT
CONTRACT 90-07
EAGAN, MINNESOTA
1990
CONTRACTORS
1. Allied Blacktop
2. Astech
LOW BID
BUDGET
Streets $100,000.00
Parks $ 44,000.00
BID TIME:
BID DATE:
10:00 A.M.
FRI., JUNE 15, 1990
TOTAL BASE BID
$ 115,654.60
$ 116,790.00
$ 115,654.60
BID —% +/-
$ 72, 993. 60 - 27%
$ 42,661.00 - 3%
Agenda Information Memo
June 19, 1990, City Council Meeting
RECEIVE FEASIBILITY REPT ORDER PUBLIC HEARING
HILLS OF STONEBRIDGE 3RD ADDN
J. Project 597, Receive Feasibility Report/Order Public Hearing (Hills of Stonebridge 3rd
Addition - Trunk Storm Sewer) --In response to a petition received from the developer of
the above -referenced subdivision, the Council authorized the preparation of a feasibility
report to consider the creation of Pond JP -27 and the installation of the trunk storm sewer
outlet. This report has now been completed and is being presented to the City Council
for consideration of scheduling a public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 597 (Hills of Stonebridge 3rd Addition - Trunk Storm Sewer) and schedule a
public hearing to be held at 7:00 p.m., on July 17, 1990.
RECEIVE PETITION/AUTHORIZE FEASIBILITY REPT
GALAXIE CLIFF PLAZA 2ND ADDN
K. Project 598, Receive Petition/Authorize Feasibility Report (Galaxie Cliff Plaza 2nd
Addition - Streets & Utilities) --City staff has received a petition requesting the preparation
of a feasibility report along with simultaneous preparation of detailed plans and
specifications.
Although in signing this petition, the developers (Brad Swenson and William Soules)
guarantee payment for all costs incurred for the preparation of this feasibility report and
detailed plans and specs, the City Finance Department has indicated that these developers
are in arrears with the City in the amount of $25,416.77 as of April 7, 1990, for costs
incurred with the 1st Addition. This information is being provided to the City Council so
that they can decide as to whether a cash escrow would be required before the City should
proceed with incurring costs associated with this petition for the 2nd Addition and/or
whether the developer should be required to clear -up their past account with the City
before proceeding with the 2nd Addition.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 598
(Galaxie Cliff Plaza -2nd Addition - Streets & Utilities) and authorize the preparation of
a feasibility report and simultaneous preparation of detailed plans and specifications
subject to appropriate financial conditions.
Agenda Information Memo
June 19, 1990, City Council Meeting
RECEIVE FEASIBILITY REPORT ORDER PUBLIC HEARING
COUNTRY HOME HEIGHTS
L. Receive Feasibility Report/Order Public Hearing (Country Home Heights - Storm
Sewer) --In response to -a request received from several property owners within this
subdivision, the Council authorized the preparation of a feasibility report for the extension
of storm sewer facilities to prevent future flooding of Egan Avenue. This feasibility report
has now been completed and is being presented to the City Council for their information
and consideration of scheduling a public hearing to formally present this proposal and
receive comments from affected property owners.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 595 (Country Home Heights - Storm Sewer) and schedule a public hearing to be
held August 7, 1990.
RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING
MATER QUALITY POND JP -67)
M. Project 594, Receive Feasibility Report/Order Public Hearing (Water Quality Pond JP -
67) --In response to a request by staff, the Council authorized the preparation of a
feasibility report for the acquisition and construction of a water quality pond located in
the southwest corner of Duckwood and Denmark Avenue. This feasibility report has now
been completed and is being presented to the Council for their information and
consideration of scheduling a public hearing to formally present this project and receive
comments from affected property owners.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 594 (Water Quality Pond JP -67) and schedule a public hearing to be held on July
17, 1990.
a -o
Agenda Information Memo
June 19, 1990, City Council Meeting
RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING
C"'OOD_LANDS NORTH ADDITION)
N. Project 596, Receive Feasibility Report/Order Public Hearing (Woodlands North
Addition - Streets & Utilities) --In response to a petition submitted by the developer of the
proposed Woodlands North Addition, the Council authorized the preparation of a
feasibility report for the installation of streets and utilities for this development located
west of Elrene Road between the Windtree Addition and Kost Road. This feasibility
report has now been completed and is being presented to the Council for their
information and consideration of scheduling a public hearing to formally present this
proposed project and receive comments from affected property owners.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 596 (Woodlands North Addition - Streets & Utilities) and schedule a public
hearing to be held on July 17, 1990.
ACKNOWLEDGE COMPLETION AUTHORIZE CITY MAINTENANCE
(BOULDER RIDGE)
O. Contract 87 -AA, Acknowledge Completion/Authorize City Maintenance (Boulder Ridge
- Streets & Utilities) --The public streets and utilities necessary to service the above -
referenced development were designed and installed privately by the developer under the
terms and conditions of the development agreement for that subdivision. These public
improvements have now been completed, inspected by City staff and found to be in
compliance with the development plans and specifications. The developer is requesting
formal Council acknowledgement of their completion and the City's assumption of
perpetual maintenance responsibilities subject to the warranty provisions of the
development agreement. Staff has reviewed all related information, concurs with the
developer's request and recommends favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of
Contract 87 -AA (Boulder Ridge - Streets & Utilities) and authorize the assumption of
perpetual maintenance by the City subject to appropriate warranty provisions of the
development agreement.
0 i
Agenda Information Memo
June 19, 1990, City Council Meeting
APPROVE CHANGE ORDER #1
(LEXINGTON AVE STORM SEWER - MCCARTHY PROPERTY)
P. Contract 90-06, Approve Change Order #1 (Lexington Avenue Storm Sewer -
McCarthy Property) --As a condition of the settlement agreement for the acquisition of
drainage easements across Parcel 10-01500-012-76 (Pat McCarthy), the City and the
County are required to install a storm sewer conveying the drainage from Lexington
Avenue westerly down to Hurley Lake. Part of the easement acquisition and claim
settlement with McCarthy provided for the County to participate in these costs. However,
the actual construction and installation of these storm sewer facilities are to be performed
by the City.
Although Contract 90-06 provides for the installation of storm sewer for the Cray, Effress
and Coventry Pass Additions and is not related to the Lexington Avenue project, it was
determined economically feasible to have this storm sewer construction performed as a
Change Order under this contract as this is the same contractor who is the subcontractor
for the utility installation on Lexington Avenue. This allows the City to avoid the normal
15% markup by the general contractor of the Lexington Avenue project but still allows
the work to be performed by the same utility contractor. The cost of this work is
estimated at $41,662.20. This will be financed through cost participation by Dakota
County with the remainder being the responsibility of the City's trunk storm sewer fund.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to
Contract 90-06 (Lexington Avenue Storm Sewer - McCarthy Property) and authorize the
Mayor and City Clerk to execute all related documents.
OWN
Agenda Information Memo
June 19, 1990, City Council Meeting
APPROVE A CONSULTING SERVICE AGMT WITH
DAKOTA COUNTY SOIL & WTR CONSERVATION DISTRICT
Q. Approve a Consulting Service Agreement With Dakota County Soil '& Water
Conservation District --In accordance with the creation of a pool of companies to provide
consulting services to the City as adopted by Council action on March 17, 1988, the City
has been working with the Dakota County Soil & Water Conservation District (SWCD)
on a continuing basis over the past several years to provide personnel and expertise to
assist in the control of erosion and sediment associated with development as well as
performing water quality analysis on new development proposals. The SWCD prefers to
enter into consecutive one-year service agreements with the City for these services. With
the expiration of the previous consulting service agreement, the City staff has evaluated
the need for their continuing services in the future. Based on the continued development
growth within this community, and the need to continue enforcing erosion control
requirements on existing and past developments, it would be in the City's best interest to
renew this agreement. The fees associated with this contract have been increased 3%-
4% over the previous agreement and all costs incurred through this contract are passed
on to the affected development.
ACTION TO BE CONSIDERED. ON THIS ITEM: To approve the Consulting Services
Agreement with Dakota County SWCD effective until May 1, 1991, and authorize the
Mayor and City Clerk to execute said agreement.
�3
Agenda Information Memo
June 19, 1990 City Council Meeting
FINAL PLAIORMMY FIRST' ADDMON
R. Final Plat, Tranby First Addition—All documents relative to the final plat for Tranby
First 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 June 19, 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 '-� �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 Tranby
First Addition.
aV
Agenda Information Memo
June 19, 1990 City Council Meeting
FINAL PLATIJOSEPH CONNOLLY ADDITION
S. Final Plat, Joseph Connolly Addition—All documents relative to the final plat for
Joseph Connolly 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 June 19, 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 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 Joseph
Connolly Addition.
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Agenda Information Memo
June 19, 1990
RATIFICATION 1990 BUDGET ADJUSTMENT
T. Ratification of 1990 Budget Adjustment in Response to Legislative HACA Aid
Reductions—At the special meeting of the City Council held May 245, 1990, the City
Administrator presented a list of proposed reductions to the 1990 General Fund budget
totaling $120,000. The department reductions are as follows:
Police
$30,000
Fire
25,000
Community Development
18,200
Administration
5,000
Engineering/Streets/
Central Services Maint.
30,000
Finance/City Clerk
2,500
Parks and Recreation
9,300
The City Administrator was given flexibility to adjust the various line item reductions and
to report back to the City Council.
ACTION TO BE CONSIDERED ON THIS I'T'EM: To approve the ratification of the
1990 General Fund budget adjustments as presented.
RATIFICATION SPACE NEEDS ANALYSIS REPORT
U. Ratification of Space Needs Analysis Report—At the special meeting of the City
Council held May 24, 1990, Mr. Mark Swenson of BRW presented a space needs analysis
which had previously been authorized. The study was to determine present and future
needs for the Municipal Center Building including law enforcement and fire administration
needs. The City Administrator was directed to place the report on the June 19, 1990 City
Council agenda for ratification.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the ratification of the
Space Needs Analysis Report as presented by BRW.
Agenda Information Memo
June 19, 1990
A A119 24 3111_� i -;AY1A_`11:k11Z It,,
VACATE UTILITY EASEMENT
(LOT 10, BLOCK 3 CLEARVIEW ADDN)
A. Vacate Utility Easement (Lot 10, Block 3 - Clearview Addition) --On May 17, 1990, the
City Council received a petition requesting the vacation of various drainage and utility
easements previously dedicated over portions of Lot 10, Block 3, Clearview Addition.
These easements were originally required as a condition of a Waiver of Plat which split
this lot into two buildable lots. Subsequent to the finalization of the house plans for
the newly created lot, the property owner has elected to revise the location of the storm
sewer and utility easements necessary to provide adequate service to this new lot. The
new easements have been dedicated to the City in compliance with the condition for
consideration of vacating the old easements. Enclosed on page is a map and legal
description showing these drainage and utility easements. All notices have been published
in the legal newspaper and sent to all potentially affected utility companies informing them
of this request and proposed public hearing. As of this date, staff has not received any
objections to this request.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve the vacation of drainage and utility easements as described over Lot 10, Block
3, Clearview Addition, and authorize the Mayor and City Clerk to execute all related
documents.
5_1
NEW 10' DRAINAGE & UTILITY EASEMENT
vC .4! X-1- !o1/O. NX TH
r,:ie.
o� CAP;? If
gooxti Mere ��• Wale, fEro%bn A�.Y /7, /990
Description Of Property
Erb
�Xavir
The west 90.00 feet of Lot 10,
Block 3, CLEARVIEW ADDITION
Hennepin County, Minnesota.
1 EXIST. 10 DRAINAGE EASEMENT
f a DOC. • 843774 I
�. Pro osrd
aL0T 10 1
W I
I� I
c
&-leme'771 Alm- = 13S. d'
I
.— NEW 15'UTILITY EASEMENT
NOTE: This Certificate For
j, Building Permit Purposes Only
9D. 00 25
XIST. UTILITY 20' EASEMENT
DOC. s 843775
(CLIFF—ROAD)-- —E.-SA.H-ado: –32-
3D
Agenda Information Memo
June 19, 1990, City Council Meeting
RECONSIDER RESOLUTION CL&RIFYING STORM WATER UTILITY FEE
A. Reconsider Resolution Clarifying Storm Water Utility Fee -At the May 17 Council
meeting, the City Council formally considered and adopted an Ordinance Amendment that
provided for the creation of a storm water utility within the City. That Ordinance
Amendment provided for a financing mechanism through the establishment of a Storm
Water Utility Fee. That fee schedule was adopted through a Resolution subsequently
approved by Council action at that same meeting. However, that particular Resolution
made reference to an exhibit which identified the particular fee schedule. While the fee
schedule accurately identified the fee schedule for low and medium density residential
properties (single family, duplex and townhomes) at $4.56 per quarter and $3.65 per
quarter, respectively, it incorrectly identified a set established rate per acre for all other
higher density and/or zoned land uses. In reality, it was meant to establish a fee schedule
in relationship to a typical single-family usage. Subsequently, the fee schedule is based on
this Residential Equivalent Factor (REF) common denominator. Then, rather than having
a predetermined set fee for a particular zoned piece of property, each individual property
is specifically calculated based on the percentage of impervious surface to their total land
area. This ratio of imperviousness (which directly relates to runoff) is then equated to
how many typical single-family residential properties it would be equivalent to. As an
example, the Parkview Golf Course was calculated to have 89.7 REF'S. This is equivalent
to approximately 89 single-family homes on this 80 acre tract parcel. These 89.7 REF'S
are then multiplied by the standard rate of $4.56 per quarter. Based on this evaluation,
the rate per acre for this particular golf course would then be approximately $5.11 per
acre as compared to the estimated average of $5.20 that was presented with the previous
fee schedule on May 17.
Therefore, it would be appropriate for the Council to reconsider and approve the revised
Resolution establishing a fee schedule based on the Storm Water Utility Fee Policy Report
as prepared by the City's consulting engineer, enclosed on pages through
as the method for calculating an individual property's responsibility as well as
establishing the single-family REF rate of $4.56 per quarter.
The City Attorney and Public Works Director will be available to discuss any questions
associated with this revised Resolution adopting the appropriate fee schedule at the
meeting on June 19. It is anticipated that this fee will be implemented with the first
quarterly utility billing to be mailed out by July 1.
ACTION TO BE CONSIDERED ON THIS ITEM: To reconsider a Resolution adopting
a Storm Water Utility Policy and related Fee Schedule.
51
CITY OF EAGAN
RESOLUTION NO. 1990-
A RESOLUTION ESTABLISHING A "STORM WATER UTILITY USER FEE" IN THE
CITX OF Ep,GAN.
The City Council of the City of Eagan, after review of all
pertinent City files, records, and proceedings, finds as follows:
1. The City Council has established by ordinance a Storm Water
Utility and a Management Water QuWater management Plan.
Plan. In addition, the City
has a Comprehensive Storm 9
2. The City Council of the City of Eagan must balance and decide
between the policy objectives of competing and conflicting factors of
Storm Water Management. The system can be made safer and water
quality can be improved by the establishment of a Storm Water Utility
User Fee. Such a fee will be charged to those users for whom the
nd
Storm Water Utility, nompPlannsbenefitive rmandtesuchnafeeenshallnr Maemt beaan
Water Quality Management
increased cost.
3. The City Engineer's office, in conjunction withsties
donee
by Sonestroo, Rosene, Anderlik & Associates, Inc.
consulting engineers to the City, determined the estimated cost for
the completion of the
tComprehensive
QualityStorm
Management Plan.
Management
Plan and
the implementation of the
4. BRA submitted the Storm Water Utility Policy Report dated
June, 1990, which report
tfois attached and incorporated to this
Resolution as if fully set
5. The City Council upon weighing the policy objectives of
effective implementation of the Water Quality Management Plan and
Comprehensive Storm Water Management Plan specifically including the
benefits derived to the City and its residents versus the cost to the
users of the system, decides that the benefits outweigh the cost and
hereby does order:
a. That the City of Eagan adopt the Storm Water Utility Policy
Report dated June, 1990 and acknowledges the findings of the report,
specifically including the "Residential Equivalent Factor" (REF) as
the basic unit of the fee structure for the Storm Water Utility User
Fee; and
b. That the City establish ,the REF at $4.56 per quarter as a
Storm Water Utility User Fee; and
c. That the City finds that the REF is just and equitable; and
d. That the REF shall be in full force and effect from and after
the date of passage and publication until amended from time to time
by resolution of the City Council of the City of Eagan.
ADOPTED by the City Council of the City of Eagan this _,_
day of
June, 1990.
APPROVED AS TO FORIN :
James F. Sheldon
City Attorney
Dated:
APPROVED AS TO CONTENT:
Thomas A. Colbert
City Engineer and
Public Works Director
Dated:
CITY OF EAGAN
By; Thomas A. Egan
Its: Mayor
By: E. J. VanOverbeke
Its: City Clerk
�3
Report for
Storm Pater Utility Policy
Eagan, Minnoqnfq
Ji
June 14, 1990
Honorable Mayor and Council
City of Eagan
3830 pilot Knob Road
Eagan, MN
Res Storm Water Utility Policy Report
file to. 49482
Dear Mayor and Councils
Enclosed is the Storax Water Utility Policy Report for your review and
consideration. Council adoption of this report will establish the
policies and procedures used to implement and administer the Stores
mater Utility.
We will be pleased to meet with Council and other interested parties
at a mutually convenient time to discuss this report.
Yours very truly,
BCNESTROO, ROSENE, ODERLIE 8 ASSOCIATES, INC.
Jerry Bourdon
3,5
SRM WATE9 rn .m POUQy REPORT
JUNE, 1990
,SUMMARY
The following amlons describe the policies and procedures for the implementation and
administration of the Storm Water Utility Fund as adopted by City Council.
DEFINMQN�
User: All properties contributing storm water runoff within city boundaries
xe cept: vacant unimproved land with ground cover, property used for agricultural
purposea and public parks and rights of way. Golf courses, business campus and open,
space areas and other similar land uses are all considered users.
Vw4rt unimproved land with ground cover: Property that has not been
platted or developed to Its Intended design use or purpose.
Residential Equivalent Factor (REF): A parameter that relates the amount
of runoff from a property to the amount of runoff from a single family residential
property,
Low Density Residential Property: Properties conforming to R -i and R-2
zoned land use (single family detached and duplexes).
Medium Density iResidential Property: Properties conforming to R-3 zoned
land use (Townhomes).
High Density Residential Property: Properties conforming to R-4 land use
(Apartments / Condominiums). Apartments and Condominlums are defined as dwellings
with shared ground space.
Impermeability Ratio: The Impermeability Ratio Is a parameter that Is
determined for all properties that are not classified sa low or medium density. It
establishes the Residential Equivalent Factor for the property. It Is the ratio of the
Impermeable Area to the Property Area, A minimum ratio of 1.0 % Is established to
recognise that property with minimal or no Impermeable area still contributes runoff Into
the system.
Impermeable area: Impermeable area, for the purpose of determining a
property's REF, includes improvements consisting prlmarUy of buildings, driveways,
roadways and parking lots.
Page I
property area: For the purpose of determining a.property's REF, the
property's area Includes all property within a legally described parcel except:
* dedicated public right of way,
* designated outots that meet the requirement of `vacant unimproved land with
ground cover", and
w Normal Water level (NWL) area of ponds that are identified on the City's most
recent Comprehensive Storm Water Management Plan.
The Residential Equivalent Factor (REF)
The billing unitatof hare he Utility
the will
Utility'sthe
Residential obligation based upon the Residential Equivaleuivalent Pactor. Each User will nt y
its proportionate
Factor of the property.
Determination of REF for tow density residential land use:
All property conforming to low density residential land use will be
assessed an REF of 1.0 per dwelling unit.
Determination of REF for medium density residential land use:
All property conforming to medium density residential land use will be
assessed an REF of o.e per dwelling unit.
Determination of REF'S for all other land uses.
Ail property, except low and medium density residential, will be assessed
an REF that Is determined from:
* the property's Impermeablilty Ratio and Its corresponding REF per acre as
established In Appendix A of this policy statement, and
* the property's area.
€STABtlSHMENT� I C' MU
The Utility's budget, billing rate and allocation of It's revenue will be at the discretion of
the Council. The billing rate will be the result of the budgeted, obligation of the Utility
and the most current REF Inventory as determined by the Public Works Department.
The 1990 billing rate Is $4.56 per quarter for each Residential Equivalent Factor (REF)
unit.
Page 2
37
1WNG j PAYME POLICY
Billing of newly developed property will commence with the first water utility bill.
Residential Equivalent Factors will be evaluated with each building permit application
based upon the site plan submitted with the permit application.
The city may .at any time and at its discretion recompute the REF for any property from
the best available information Including site plans, aerial photographs, field
measurements or any other available data.
ADJUMENT l APPEALS
* No adjustments will be made for low and medium density residential land uses.
'* Adjustments will be solely based upon recomputation of the ratio of Impermeable Area
to the Property Area only.
Requests for adjustments must be directed to the attention of the Director of Public
Works within three (3) months of the City's mailing of the property's utility bill. The
request must Include a site plan with associated computations that determine the
Impermeable Area and Property Area.
* Adjustments will not be retroactive beyond the three month period for which the
request for recomputation was made.
HYDFJOLOGIC BASIS
The following criteria was used as the basis for the hydrologic aspects of the fee
structure model
* model storm: 5 yr. frequency, 24 hour event, (3.5" rain as per soil conservation
service charts)
it hydrologic soil type: Type B
* Typical residential unit; 0.5 acres, 26% impermeable surface
This criteria Is established as City policy. Adjustments may not be made based upon
hydrologic arguments.
Page 3
APPENDIX A
IMPERMEABILITY RATIO VS. REP PER ACRE
Impermeability
Impermeability
Ratio (Y)
REF per Acre
Ratio (2)
REF per Acre
----------•----
1
----------
---•------------
---- ------------
1.10
51
3.38
2
1.14
52
3.44
3
1.18
33
3.50
4
1.22
54
3.54
5
1.26
55
3.60
6
1.30
56
3.64
7
1.34
57
3.70
8
1.38
S8
3.76
9
1.42
59
3.82
10
1.46
60
3.88
11
1.50
61
3992
12
1.54
62
3.98
13
1.56
63
4.04
14
1.62
64
4.10
15
1.66
65
4.16
16
1.70
66
4.22
17
1.74
67
4.28
18
1.80
68
4.34
19
1.86
69
4.40
20
1.93
70
4.46
21
1.94
71
4.54
22
1.95
72
4.60
23
1.96
73
4.66
24
1.97
74
4.74
25
1.98
75
4.80
26
2.00
76
4.66
27
2.02
77
4.94
28
2.06
78
5.00
29
2.10
79
5.06
30
2.14
so
5.12
31
2.20
81
5.20
32
2.26
82
3.28
33
2.32
63
5.36
34
2.38
84
5.44
35
2.44
55
9.32
36
2.50
86
9.60
37
2.58
87
5.68
38
2.66
88
5.76
39
2.74
89
5.84
40
2.$0
90
5.92
41
2086
91
6.00
42
2.90
92
6.08
43
2.04
93
6.18
44
3.00
94
6.28
45
3.04
95
6.40
46
3.10
95
6.54
47
3.14
97
6.68
48
3.20
98
6.84
49
3.25
99
7.01
50
3.32
100
7.20
3
Agenda Information Memo
June 19, 1990
AIRPORT RELATIONS COMMITTEE RESIGNATIONS
A Resignations, Airport Relations Committee—The City of Eagan has received two letters
of resignation from members of the Airport Relations Committee. These members are
Cynthia Ellis and Sandra Marsyla. It would be appropriate at this time to accept those
resignations. Staff is also requesting some direction from the Council regarding the filling
of these two new vacancies. The Airport Relations Committee currently has two alternates
who might be interested in the regular committee positions. These alternates are George
Martin and Becky Newell. The City has also received a letter from a resident expressing
interest in an appointment to this committee. That resident is Timothy M. Ring. An
applicant who applied for a January appointment, Gregory Langan, is also interested in
being appointed to the committee at this time. Copies of the letter from Mr. Ring and
the January letter from Mr. Langan are enclosed for the Council's information on pages
through2. Appropriate actions at this time would be to either: 1) appoint the
alternate members as regular members of the committee and appoint the two other
applicants as alternates to the committee at this time; 2) the Council could vote by ballot
from the four applicants (two alternates and two applicants) for appointment as regular
and alternate members; or 3) the Council could authorize the City to advertise for
applicants who are interested at this time in appointments to regular and alternate
membership on this committee.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignations of Cynthia
Ellis and Sandra Marsyla from the Airport Relations Committee and to either appoint
regular and alternate members to that committee from the current alternates and
applicants or to advertise for new applications to the committee.
L�o
MAY 9F
U
720 Saddle Wood Drive
Eagan, MN 55123
May 7, 1990
Mr. Thomas Hedges
City Administrator
City of Eagan
P.O. Box 21-199
Eagan, MN 55121
Dear Mr. Hedges:
It has recently come to my attention that an appointment
is currently open on the city's Airport Relations Committee.
I regularly attend the monthly meetings of the committee
and would like to express my interest in applying for the
position.
As a concerned citizen, I am wondering why the airport noise
over the city continues to increase without apparent regard
for the affect on it's residents. I possess a Master's Degree
in Civil Engineering and feel I could help the city in
understanding and finding solutions to this delicate problem.
I would appreciate hearing from you on the next step in this
process at your earliest convenience.
Thank you for your time.
Sincerely,
Timothy M. Ring
January 3, 1990
Mayor And City Council
City Of Eagan
Eagan, Minnesota 55123
Dear Mayor Egan And Council Members:
I am writing requesting appointment to the Eagan Airport
Relations Committee for the current term. I would
appreciate the opportunity to interview with the Committee
selection group so that I may explain why I wish to serve on
the conn.ittee and discuss my background experiences which
relate to serving on this committee.
Thank you.
VzY tru yours,
� f ,
Gre o y E .6ngan
811 Promontory Place
Eagan, Y.NN 55123
Agenda Information Memo
June 19, 1990
VARIANCEJJOHN VAUGHN
B. Variance, John Vaughn, for a 5' Variance from the 30' Setback Requirement from
Public Right -of -Way, 1670 Mallard Drive—An application was submitted by John Vaughn
requesting a five foot variance to the required 30' setback requirement for 1670 Mallard
Drive. The applicant would like to add an additional garage stall to his existing two -car
garage. For additional information on this item, please refer, tp a report prepared by the
Community Development Department enclosed on page.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a five foot
variance to the required 30' setback for purposes of adding an additional garage stall to
the existing two -car garage at 1670 Mallard Drive as requested by John Vaughn.
0
SUBJECT: VARIANCE
APPLICANT: JOAN VAUGHN
LOCATION: 1670 MALLARD DRIVE
L99 B2, MALLARD PARK 2ND ADDITION
EXISTING ZONING: R-1 (SINGLE FAMILY RESIDENTIAL)
DATE OF PUBLIC HEARING: JUNE 19, 1990
DATE OF REPORT: JUNE 7, 1990
COMPILED BY: COA'(MUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a 5' Variance
from the required 30' setback.
COMMENTS: The applicant would like to add an additional garage stall to his existing
two -car garage. The existing garage is set back 38' from Johnny Cake Ridge Road. To
make the proposed stall functional, Mr. Vaughn has stated that a 13' width is necessary.
A stall of this width will require a 5' encroachment into the 30' setback. Mr. Vaughn
believes he needs this additional garage stall in order to achieve maximum utility of his
lot.
If approved, this Variance shall be subject to the following:
1. The building expansion/addition shall match the materials and appearance of the
existing structure.
2. All applicable City Ordinances.
Agenda Information Memo
June 19, 1990
REZONING AREA TI -FAMILY RESIDENTIAL LAND STUDY
C. Rezoning, Area C, Multi -Family Residential Land Study/City of Eagan, of
Approximately 6 Acres from PD -R-4 (Planned Development - Multi -Family 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—A
public hearing was held by the Advisory Planning Commission at their last regular meeting
on May 22, 1990 to consider rezoning of four areas within the multi -family residential land
study. The first of these four areas to be considered was Area C which includes property
located in the southwest corner of Pilot Knob Road and Lone Oak Road. The Advisory
Planning Commission is recommending approval of the rezoning as proposed. For
additional information on this item, plea a refer to a emorandum from the City
Attorney's office enclosed on pages through ge rally addressing the
rezoning process for the four areas. Also enclosed on pages through is
a copy of a report from the Community Development Department and City Attorney's
office specifically relating to the rezoning of Area C. For the Council's information, copies
of the APC minutes regarding Area C are enclosed on pages -,5(� through 6 D .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning of
Area C which is approximately six acres located at the southwest corner of Pilot Knob
Road and Lone Oak Road from PD -R-4 to PD -R-3.
4s
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 qualifying
factors for each particular parcel which need to be examined in light of the affect of a
rezoning have been incorporated into the individual staff reports.
As I have previously 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 unlawful. 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 by 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, i.e., 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.
46
Chairman Graves
May is, 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 "taking" 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 all 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 permitted 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 taken 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 been found to have occurred, the City 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.
MGD/kcm .
f
SUBJECT: REZONING -
MULTI -FA ULY RESIDENTIAL LAND STUDY
ARTA C
APPLICANT: CITY OF EAGAN
LOCATION: SOUTHWEST CORNER OF PILOT KNOB AND LONE
OAK ROADS
NE 1/4 SECTION 9
EXISTING ZONING: R-4(PD) (MULTIPLE RESIDENTIAL - PLANNED
DEVELOPMENT) AND R-3(PD) (TOWNHOUSE
RESIDENTIAL - PLANNED DEVELOPMENT)
DATE OF PUBLIC HEARING: MAY 22, 1990
DATE OF REPORT: MAY 17, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT &
CITY ATTORNEY'S OFFICE
BACKGROUND: Over the past year, the Community Development Department has been
studying 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 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 hearings for those study areas recommended for plan
amendments and/or rezonings.
STUDY AREA C: Study Area C consists of one parcel, P.I.D. 10-00900-011-02,
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
4 U
Residential - Planned Development). This application involves only that portion of the
property currently zoned R-4(PD�.
The attached data sheets from the 'Draft Report" (July 1989) and exhibits provide
additional descriptions of Study Area C.
CITY COUNCIL RECOMMENDATION: 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 COMMENTS 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 flesnbility in developing
the property 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 19%) 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. Unless the property owner can demonstrate that he 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.
w
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 therewith.
ACTION TO BE CONSIDERED ON THIS ITEM: To recommend approval or denial of
a rezoning of approximately six acres within P.I.D. 10-00900-011-02 from R-4(PD)
(Multiple Residential - Planned Development) to R.3(PD) (Townhouse Residential -
Planned Development).
S-0
KULTI-FAMILY RESIDENTIAL LAND STUDY
AREA C
GENERAL LOCATION:
SIZE:
ZONING:
COMPREHENSIVE PLAN
LAND USE DESIGNATION:
EXISTING LAND USE:
SURROUNDING 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.1 -
�I
on these uses, similar low -
intensity development of Area C
would be most compatible with
surrounding uses.
TOPOGRAPHY: 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.
VEGETATION: 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.
ACCESS: 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.
UTILITIE Sanitary sewer, storm sewer and
water service is available to Area
C.
Utility service .to Area C should
not be a major issue.
ASSESSMENTS: 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 water 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 -
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Page 7/EAGAN CITY COUNCIL MINVTES
May 22, 1990
XULTI-FAMILY RESIDENTIAL LAND STUDY
Kristi Marnin of the-Co=iAnity Development Department gave the
background of the multi-family;:.&tU< how the analysis
would be presented to the Advisorr.- Aim;ng Commission. The overview
would include a discussion of the:-:turrei*Vt: Comprehensive Guide Plan;
the proposed Comprehensive Guide.....::, -,Plan;.:.... -.:-.the existing zoning; the
comments received from the landowners::.and:ithle legal issues involved.
CITY OF EAGAN - AREA LAND STUDY
Chairman Graves opened the next public hearing regarding a
rezoning of approximately 6 acres from PD -R-4 (Planned Development -
Multi -Family Residential) to PD -R-3 (Planned Development - Townhouse
Residential). The subject property is located in the southwest corner
of Pilot Knob Road and Ldhe.::: ak Road in the northeast quarter of
Section 9.
Kristi Marnin presented tha:staff.rort and described the Study
Area C, the property owner *pmneiits:::received and the legal issues
involved.
Mary Belfany (owner) stated that the property was acquired in
1981. He stated that the former Council gave promises to allow the
site to develop as currently zoned.
Doug Moe (architect) stated.:.:::: xie.:.:.:..had...been studying the site for
some time. He further explair3ed::t3at::v:flis factors on the site such
as easements and terrain affected..development. Mr. Moe presented a
building plan showing R-4 developilent.::ft described a possible day
care use on the site. Commissionmi6kLber `tiaracek asked how many units
were proposed for the site. Mr.:::::::J4oe :stated 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:350 total units fell within
the R-3 zoning density. Community Develop*i*nt Director Runkle stated
that R-3 zoning allows only 7.3 units per acre and townhouses only.
Bob Miller (attorney fcir::ir::saed 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::.,'..*:zoning. He stated that the
property was purchased with R-4 zoning irt`::mind and that the City had
Page 8/EAGAN CITY COUNCIL MINVTES
May 22, 1990
received the benefit of a bargain. He further stated that the present
Council probably has a philosophical difference with the previous
Councils but that Mr. Belfany has.expended significant amounts of
money on the site. He ref erenC.od....the, Council minutes of February 18,
1975 where the property wa.s;:;3zA::i:tn::;:the purchase agreement for
the parkland as a condition. He::irthx:::'stated that dedication and
sale was made of this ten acres.
Kristi Marnin stated that. sta:t:f::didiV:V dispute that the parkland
was dedicated but that there:::::s:::a:;::ret link to the zoning on the
site evidenced in the minutes. Mr:'Iller 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.::. -Oak Road, stated that the plans for the
site were unacceptable for the::::axa:..,.
John Guston (neighbor) :s.tated:::::::'that much development of
multi -family had taken place it :::the .ar*4:::::-Ee asked that the Planning
Commission rezone the propert:::::;tQ:::::'3 because there was too much
density already.
Commissionmember Voracek'. asked for a clarification of gross
versus net density. Mr. Runkle explained.
Commissionmember Voracek asked what the maximum number of units
on R-4 was. Mr. Runkle stated::e: xteep.:to:::tTgenty units per acre with a
six story building.
Commissionmember Gorman stated::: that::::: the rezoning should be
recommended by the Planning Comm
.2:... they thought it was
acceptable and the Council shouldslanc::::the legal issues involved.
He stated that the Community Developm6ht 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 die% street; the remainder of
the surrounding property was single filhAly. He also had traffic
concerns near the school w:itt:::::;'s::::::::igh density development. He
further stated that much gradsbg::::t76.u::d:::be::: eeded on the site in order
to utilize an R-4 development.
Page 9/EAGAN CITY COUNCIL
May 22, 1990
MIN`t9'i'ES • • ..
Commissionmember Hoeft stated that he agreed with the public
safety concerns, especially those dealing with ingress and egress
from the parcel.
Commissionmember Voracek::;"I ke t::: ?ifrastructure was available.
Mr. Runkle stated that he was ' unsura:lrittt rovements were done to. the
site. Commissionmember Voracek ha•d fu cher questions about the
drainage on the site, including the:andli.g:of water quality.
Commissionmember Staehli:
Agenda Information Memo
June 19, 1990
REZONING AREA KMULTI -FAMILY RESIDENTIAL LAND STUDY
D. Rezoning, Area K, Multi -Family Residential Land Study/City of Eagan, of
Approximately 44 Acres from R-4 (Multi -Family Residential) to R-3 (Townhouse
Residential) and Rezoning of Approximately 49 Acres , from A (Agricultural) to R-3
(Townhouse Residential) and a Comprehensive Guide Plan Amendment to Change the
Land Use Designation of Approximately 11 Acres of D -LV (Multiple Residential)
Designated Land to D -Ell (Mixed Residential). Property Located Along Robin Lane
Between Highway 13 and Blackhawk Road in South til of Sec 17—A public hearing was
held by the Advisory Planning Commission at their last regular meeting held on May 22,
1990 to consider the rezoning of four areas within the multi -family residential land study.
The second of the four areas to be considered which was Area K which includes property
located along Robin Lane between Highway 13 and Blackhawk Road. Both rezonings and
a comprehensive guide plan amendment were considered for this area. The APC is
recommending approval of the rezonings and comp guide plan amendment as proposed.
For additional information on this item, please refer to the report enclosed on pages
through :::3 3 prepared by the Community Developmey Department and City Attorney's
office regarding Area K. Also enclosed on pages through for the Council's
information is a copy of the APC minutes regarding Area K.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning from
R-4 to R-3 for approximately 44 acres and a rezoning from A to R-3 for approximately
49 acres and a comprehensive guide plan to change the land use designation of
approximately 11 acres for Area K which is property located along Robin Lane between
Highway 13 and Blackhawk Road in the south half of Section 17.
SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT &
REZONING -
MULTI -FAMILY RESIDENTIAL LAND STUDY
AREA K
APPLICANT: CITY OF EAGAN
LOCATION: ALONG ROBIN LANE, BETWEEN HIGHWAY 13 AND
BLACKHAWK ROAD
SOUTH 1/2 SECTION 17
EXISTING ZONING: R4 (MULTIPLE RESIDENTIAL), R-3 (TOWNHOUSE
RESIDENTIAL) AND A (AGRICULTURAL)
DATE OF PUBLIC HEARING: MAY 22, 1990
DATE OF REPORT: MAY 17, 1990
COMPILED BY: COMMUN M DEVELOPMENT DEPARTMENT &
CITY ATTORNEY'S OFFICE
BACKGROUND: Over the past year, the Community Development Department has been
studying 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 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 hearings for those study areas recommended for plan
amendments and/or rezonings.
STUDY AREA K: Study Area K consists of 14 separate parcels. However, the plan
amendment application involves only three of the 14 parcels and the rezoning application
involves only 10 of the 14 parcels reviewed under Study Area K. The following tables list
the P.I.D.s, property owners, existing Comprehensive Land Use Guide Plan designation
Ir
and zoning, and approximate size of those parcels involved in this application.
P.I.D. PROPERTY OWNER COMP PLAN SIZE
10-77100-010-00
Metram Property Co.
D -1V
6 acres
10-22451-010-00
Metrarn Property Co.
D -IV
1 acre
10-01700-010-53(pt*)
Jerome Utecht
D -IV
4 acres
(*Only the easterly four acres of this parcel are proposed for amendment with this
application)
P.I.D. PROPERTY OWNER ZONING SIZE
10-01700-010-77(pt*)
Hillcrest Development
R-4
7 acres
10-01700-040-78
Hillcrest Development
R-4
3 acres
10-01700-010-79
Hillcrest Development
R-4
25 acres
10-77100-010-00
Metram Property Co.
R-4
6 acres
10-01700-010-80
Metram Property Co.
R-4
1 acre
10-01700-030-80
Metram Property Co.
R-4
1 acre
10-22451-010-00
Metram Property Co.
R-4
1 acre
10-01700-011-51
Irwin & Robert Goodman A
34 acres
10-01700-010-52
Luther Stalland
A
6 acres
10-01700-010-53
Jerome Utecht
A
9 acres
(*Only the southerly seven acres of this parcel are proposed for rezoning with this
application)
The attached data sheets from the "Draft Report" (July 1989) and exhibits provide
additional descriptions of Study Area K.
CITY COUNCIL RECOMMENDATION: The City Council recommended consideration
of Comprehensive Guide Plan amendments and/or rezonings such that all of Study Area
K would be designated for D -III Mixed Residential (6 to 12 units per acre) and zoned R-
3 (Townhouse Residential). Some parcels reviewed under Study Area K are currently
designated D -III and zoned R-3. As such, only those parcels not so designated or zoned
are included in this application. (See "STUDY AREA K" section above).
PROPERTY OWNER COMMENTS RECEIVED: The parcels in Study Area K involved
-in this application are owned by five different groups/individuals as noted above. Mr.
Utecht's representative and Mr. Stalland both indicated that the proposed change was
acceptable; Hillcrest Development representatives and the Goodmans indicated that the
proposed change was unadceptable; and no comments were received from Metram
�3
Property Company. (See Pages 9 - 10 and Appendix. A of the "Comment Report" for
additional details on comments received).
LEGAL ISSUES: Study Area K can primarily be seen as a rezoning of parcels to bring
them into compliance with the Comprehensive Guide Plan designation. Under Minnesota
Statues 473.865, the City is required to bring its official controls (i.e., zoning ordinance)
into conformance with the Comprehensive Guide Plan. Otherwise, in analyzing these
properties in relation to the material in the Multi -Family Residential Land Study, it is
important to note that in dealing with the cost of assessments, R-4 and R-3 property are
both assessed at the same rate. Likewise, in the payment of real estate taxes, the County
Assessor's office has indicated that the assessed market value assigned to a given parcel
of land is not affected by whether or not the City has classified the property as R-1 or R-
4. All vacant residential real estate is classified at the same equivalent rate.
ACTION TO BE CONSIDERED ON THIS ITEM: To recommend approval or denial of
a Comprehensive Guide Plan amendment to change the land use designation of
approximately 11 acres within P.I.D.s 10-77100-010-00, 10-22451-010-00 and 10-01700-010-
53(pt) from D -IV Mixed Residential (+12 units per acre) to D -III Mixed Residential (6
to 12 units per acre) and a rezoning of approximately 44 acres within P.I.D.s 10-01700-
010-77(pt), 10-01700-040-78, 10-01700-010-79, 10-77100-010-002 10-01700-010-80, 10-01700-
030-80 and 10-22451-010-00 from R4 Multiple Residential to R-3 Townhouse Residential
and a rezoning of approximately 49 acres within P.I.D.s 10-01700-011-51, 10-01700-010-
52, and 10-01700-010-53 from A Agricultural to R-3 Townhouse Residential.
MULTI -FAMILY RESIDENTIAL LAND STUDY
AREA K
GENERAL LOCATION:
SIZE:
ZONING:
COMPREHENSIVE PLAN
LAND USE DESIGNATION:
EXISTING LAND USE:
SURROUNDING LAND USE,
ZONING, AND COMP PLAN
LAND USE DESIGNATION:
Area K consists of 14 parcels
Between T.H. 13 and Blackhawk Road,
in the S 1/2 of Section 17
98 acres
Area K is of sufficient size to
support a variety of development -
intensity options. The 14 parcels
contained in this study area can be
combined or separated for
additional flexibility.
A (49 acres), R-3 (3 acres) and R-4
(46. acres)
D -III (86.5 acres) and D -IV (11.5
acres)
Four of the parcels each have a
single-family dwelling. The
remaining 10 parcels are vacant.
Similar -intensity developments may
be able to incorporate the existing
dwellings. Different -intensity
developments may require removal of
these dwellings.
North -
single-family and vacant;
zoned R-1 and NB;
designated D -III and LB
South -
townhouse, multi -family
residential, and
commercial; zoned R-3, R-
4 and NB; designated D -
III, D -IV and NB
East -
single-family and
townhouse residential;
zoned R-1 and R-3;
designated D -I and D -III
West -
Industrial; zoned I-1;
designated IND
The wide
range of existing uses
- PAGE R.1 -
around Area K, from single-family
residential to industrial,
indicates that no single, overall
land use type will be completely
compatible with all surrounding
uses. A variety of land use types
may be appropriate. Buffering,
possibly through transitional uses,
will be necessary regardless of
development type.
TOPOGRAPHY: The terrain in the eastern portion
of the site drops steeply from
Blackhawk Road to Robin Lane.
The terrain in the western portion
of Area K rises from Highway 13,
Robin Lane and the southern site
boundary to a prominent high,
relatively level, area in the
center of the site.
The varying grades throughout Area
K indicate that any type of
development will require grading,
potentially significant in some
parts. Less -intense development
may alleviate extensive grading.
VEGETATION: The eastern portion of Area K is
densely wooded, primarily with
oaks. Other areas of the site
which are also densely wooded
include the land which abuts the
west side of Robin Lane, the area
around the pond in the south
central part of the site and the
area around the dwelling on the
southwest part of the site.
The remainder of Area K contains
scattered vegetation.
Given the wide dispersal of
vegetation throughout this study
area, development of any type will
likely require removal of
significant amounts of existing
vegetation. Less -intense
development types may alleviate the
extent of this removal. .Also,
landscaping requirements for any
- PAGE K.2 -
proposed development may mitigate
the loss of existing vegetation.
ACCESS: With the exception of three land-
locked parcels within Area K, all
parcels have access to either T.H.
13, a MINOR ARTERIAL, Robin Lane, a
LOCAL STREET, or Blackhawk Road, a
COMMUNITY COLLECTOR.
Area K has adequate access to serve
most types of development. Direct.
land access can be provided from
Robin Lane, but should be
restricted from Blackhawk Road.
Direct land access from T.H. 13
should be prohibited.
UTILITIES: Sanitary sewer, storm sewer and
water service is available to all
parcels in Area K except to two of
the three land -locked parcels.
Utility service is potentially
available to these two parcels from
nearby lines.
Utility service to Area K should
not be an issue.
ASSESSMENTS: Seven of the 14 parcels have been
assessed at multi -family rates for
some type of public improvement,
six at single-family rates, and one
parcel has not been assessed.
SPECIAL CONSIDERATIONS: The high ground on Area K provides
excellent views of the Minnesota
River Valley and the Bloomington
and Minneapolis skylines.
Development design should utilize
this benefit.
The pond in Area K 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 a natural
pond.
Development of the site along
Highway 13 may receive noticeable
- PAGE K.3 -
6mm
traffic noise from this roadway.
Although.the noise levels received
from this roadway may not be
consistently severe, development
design should be sensitive to
traffic noise generated by minor
arterials.
Area K is in the general vicinity
of the Seneca Wastewater Treatment
Plant and may on occasion receive
odors from this plant. However, as
part of the pending facility
expansion, an odor control program
has been initiated which may reduce
the potential of nuisance -level
odors reaching this area.
- PAGE K.4 -
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Page 9/EAGAN CITY COUNCIL
May 22, 1990
MINVTES
Commissionmember Hoeft stated that he
safety concerns, especially those dealing
from the parcel.
agreed with the public
with ingress and egress
Commissionmember Voracek::-." sesi:; :::: Trastructure was available.
Mr. Runkle stated that he was'uiisur-, ei"*:i improvements were done to the
site. Commissionmember Voracek fia'd further questions about the
drainage on the site, including the.4andltng.of water quality.
Commissionmember Staehli:::::*Ced :::n traffic noise would be a
problem.
Gorman moved, Voracek seconded, the motion to recommend approval
of a rezoning of approximately six acres within PID 10-00900-011-02
from R-4 (PD) (Multiple 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 iict:;:#�::krmonious with the surrounding
school and park.
3. The surrounding property was all of a lower density than R-4.
4. Water quality would be adversely affected by R-4 zoning.
5. R-4 zoning would add treff.�c.:::no6e:.:tn. the area.
All voted in favor.
CITY OF EAGAN - AREA K: MULTI -?'AMILY :RESIDENTIAL LAND STUDY
Chairman Graves opened the next pubic 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 -III.. The subject property is
located along Robin Lane between Highway and Blackhawk Road in the
south half of Section 17.
•
Kristi Marnin of the Csurix'y:: e.:3-'6ment, Department gave the
background of Study Area K. She presented the information in the
staff report. Ms. Marnin further refer00'iced that Gary •Takenof f of
Hillcrest Development had stated that would not be present but
Page 10/EAGAN CITY COUNCIL MIi tJTES ..••
May 22, 1990
that he wanted his letter of January 19, 1990 read into the record
and the points made in that letter reiterated.
Ms. Marnin further reviewed_.:tbe. legal issues.
Dale Almquist (Mecham Propertf:'&':s')"'*'stated that they had submitted
a preliminary plat five years age fog.:`&heir property. He further
stated that Mecham had owned the:.. parcel for over 15 years and
intended multi -family use. Mechai�:::::.had #Rent $50, 000.00 on a design
plan. He further discussed'-:*:*.hcw:ebtiAic conditions would determine
the development of the R-4 bA:::'that Mech�im saw R-4 as the highest and
best use for the property. He reiterated that they wanted it kept
that way and that the majority of the landowners in the area were
opposed to rezoning. He stated that Mecham's parcel is a continuation
of the adjoining condos and apartments.
Chairman Graves asked if=:a:pr,.el minary plat had been submitted by
Mecham in 1985. Mr. tated that yes it had; for
condominiums.
Leo Utecht (son of property.:..:owtie s:):::':stated that his parents own
the property labeled Utecht..:.::::pr:requestedcpe.r y. He stated that his parents
opposed the rezoning and a continuance of the matter in
order for further evaluation.
Roy Pond (Blackhawk Road) stated that he wanted the site rezoned
to D -III and that traffic on Blackhawk was a concern.
Commissionmember Staehli stated...t23?t.:.tra:ff.a.r, was bad on Blackhawk and
that she was a resident of:xe:::area:::e:: stated that multi -housing
would place a further traffic''burden'on��the area. Commissionmember
Voracek reiterated that traffic was:::�'ad arid.'::further discussed how the
property had a range of terrain elevations:. He stated that R-4 would
require leveling of the property::::::.Vith ;:;k.esulting tree loss. He
questioned how the property taxes would ci 'tige if the Utecht property
was rezoned from Agricultural to Residential.
Ms. Marnin stated that the Utechts currently are taxed as
Residential due to the Single Family home on the site.
Commissionmember Voracek asked that stafqesearch the tax impact of
rezoning on the Utecht property.
Chairman Graves hadquest is s':: gating the zoning versus the
Comp Guide Plan. Ms. Marnin explained the effect of bringing the
zoning into compliance with the Comprehensive Guide Plan.
qS
Page 11/EAGAN CITY COUNCIL
May 22, 1990
There was much discussion regarding the zoning and the
Comprehensive Guide Plan for the surrounding area.
Commissionmember Miller ::as)Ced;.;.;:wh:;:::::tihe inconsistency would be
with the R-4 land to the ::: 5¢:::::?is::::: Marnin stated that the
orientation was to Robin Lane ;the *arth. She then outlined the
various parcels and described what tic -tions -Were being considered.
Voracek moved, Staehli seion to recommend approval
of a Comprehensive Guide 1?3n:' 'ameFiclmot to change the land.use
designation of approximately 11 acres within PIDs 10-77100-010-00,
10-22451-010-00 and 10-01700-010-53 .(Part) from D -IV Mixed
Residential (Plus 12 units per acre) to D -III Mixed Residential (6-12
units per acre) for the following reasons:
1. Traffic concerns an&:�th....resulting public safety hazards from
the increased traffic on
2. The R-4 use of the property wauld.;.not be harmonious with the
existing surrounding residential :"ses.,;.;:
3. An R-4 use of the
topography.
All voted in favor.
d be detrimental to the natural
Voracek moved, Staehli seconded, the motion to recommend approval
of a rezoning of approximate::::GT$;::ithin PIDs 10-01700-010-77
(Part) , 10-01700-040-78, -0--1-02:0-79, 10-77100-010-00,
10-01700-010-80, 10-01700-030-80 ::::,end .:.IJD-22451-010-00 from R-4
i�is
Multiple Residential to R-3 Townhse Residential for the following
reasons:
1. Traffic concerns and the resulting'' public safety hazards from
the increased traffic on Blackhawk.
2. The R-4 use of the property would not.be harmonious with the
existing surrounding residential uses.
3. An R-4 use of the property _would ba'•'detrimental to the natural
topography.
All voted in favor.
a
Page 12/EAGAN CITY COUNCIL
May 22, 1990
MI9UTES
Mr. Utecht requested a clarification. He stated that he didn't
hear 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 rave6.; pla4ned that the public safety
issue referred to the increased:: ¢ff :An the area due to the R-4
density. "'
Voracek moved, Gorman seconded;:. the 7sation to recommend ,approval
of a rezoning of approximately .,40i -.*t -es:;:§rJ-thin PIDs 10-01700-011-51,
10-01700-010-52 and 10-017¢i.i?=53::ain A Agricultural to R-3
Townhouse Residential for the 'following -'-'reasons:
1. Traffic concerns and the resulting public safety hazards from
the increased traffic on Blackhawk.
2. The R-4 use of the pXogerty would not be harmonious with the
existing surrounding resident
i:a:x::::uses.,
3. An R-4 use of the property.: would:14 .detrimental to the natural
topography.
All voted in favor.
CITY OF RAGAN - AREA R KrLTI-FAMILY RESIDENTIAL LAND STUDY
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{:.:.4mvo1Q ng::.:srezoning of approximately
53.5 acres from R-4 to R-1:4 c3:-:aPPt-*Xi.A&t:tly 6 acres from R-4 to PF
and a Comprehensive Guide Plan amendment to change the land use
designation of approximately 14 acres:frox:::Z-II to D -I; approximately
39.5 acres from D -III to D -I andapgroxirWtely 6 acres from D -III to
P. The subject property is located 41ong Jttlinny 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 backgroiasd of the site. She also
referenced the City parcel which was cur:iently zoned D -III located
south of Highline and asked that that also be included in the APC's
recommendation. She further was opposed to
the rezoning and readinto:::C Te o;e idf`a:::letter dated May 15, 1990,
written by Attorney William Busch repre.s.enting EHW which set forth
the reasons for EHW's objections, :those being the existing
infrastructure, the grading of the site;: the parkland dedication
Agenda Information Memo
June 19, 1990
REZONING/COMPREHENSIVE GUIDE PLAN AMENDMENT
AREA R/MUL.TI-FAMILY RESIDENTIAL LAND STUDY
E. Rezoning, Area R, Multi -Family Residential Land Study/City of Eagan, of
Approximately 53.5 Acres from R-4 (Multi -Family Residential) to R-1 (Single Family
Residential) and Approximately 6 Acres from R-4 (Multi -Family 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 -H1 (Mixed Residential) to D-1, and
Approximately 6 Acres from D -IH 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 last regular meeting which was held on May 22, 1990 to consider the
rezoning of four areas within the multi -family residential land study. The third of these
four areas to be considered was Area R which includes property located along Johnny
Cake Ridge Road, south of Diffley Road. This area was considered for rezonings and a
comprehensive guide plan amendment. The APC is recommending approval of the
rezonings and comp guide plan amendment as proposed.
For additional information on this item, please refer to a report prepared by the
Community Development Department and City Attorney's office which is enclosed on
pages . through 'R 0 . Also enclosed fo the Council's infq�mation is a copy of
the APC minutes related to Area R on pages � through T .
SPECIAL NOTE: Consideration of a rezoning and a comp guide plan amendment for
Area V was continued to the June 26, 1990 Advisory Planning Commission meeting. That
consideration will be brought to the Council at a future Council meeting.
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 NW quarters of Section 28 and the NW
1/4
SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT &
REZONING -
MULTI-FANIILY RESIDENTIAL LAND STUDY
AREA R
APPLICANT: CITY OF EAGAN
LOCATION: ALONG JOHNNY CAKE RIDGE ROAD, SOUTH OF
DIFFLEY ROAD
NW & SW 1/4s SECTION 28 AND NE 1/4 SECTION
29
EXISTING ZONING: R4 (MULTIPLE RESIDENTIAL)
DATE OF PUBLIC HEARING: MAY 22, 1990
DATE OF REPORT: MAY 17, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT &
CITY ATTORNEY'S OFFICE
BACKGROUND: Over the past year, the Community Development Department has been
studying 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 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 hearings for those study areas recommended for plan
amendments and/or rezonings.
STUDY AREA R: Study Area R consists of five separate 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
� 9
those parcels involved in this application.
P.I.D. Property Owner Comp Plan Zoning Size
10-02800-017-50(pt*)
EHW Properties
D -IIID -III
R-4
34 sues (14120)
10-02900-011-02
EHW Properties
D -III
R-4.
13.5 acres
10-02900-011-04
EHW Properties
D -III
R-4
b acres
10-02800-018-50
City of Eagan
D -III
R-4
b acres
(*Part of P.LD. 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 RECOMMENDATION: 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 Plan 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 Facilities/Parks has not yet occurred. As such, the stated plan amendment and
rezoning for City -owned P.I.D. 10-02800-018-50 should be considered at this time.
PROPERTY OWNER COMMENTS RECEIVED: The private property owner, EHW
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 with 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
property 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 density 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
been made in conformance with R-4 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.
ACTION TO BE CONSIDERED ON THIS ITEM: To recommend approval or denial of
a Comprehensive Guide Plan amendment to change 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-
M 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.
N
MULTI -FAMILY RESIDENTIAL LAND STUDY
AREA R
GENERAL LOCATION:
SIZE:
ZONING:
COMPREHENSIVE PLAN
LAND USE DESIGNATION:
EXISTING LAND USE:
SURROUNDING LAND IISE,
ZONING, AND COMP PLAN
LAND USE DESIGNATION:
Area R consists of four parcels
East and west sides of Johnny Cake
Ridge Road, generally north of the
HSP easement in the NW and SW 1/4s
of Section 28 and the NE 1/4 of
Section 29
77.5 acres
Area K 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.
R-4
D -II (33 acres), D -III (37.5 acres)
and P (7 acres)
vacant
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 -
i
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 -
west.
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.
VEGETATION: 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 -
V3
of Area R may minimize the removal
of vegetation. -Landscaping
requirements for any proposed
development may mitigate the loss
of existing vegetation.
ACCESS: 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.
UTILITIES: 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.
ASSESSMENTS: 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.
SPECIAL CONSIDERATIONS: 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.
- PAGE R.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
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be sensitive to traffic noise
generated by principal arterials.
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Page 12/EAGAN 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 notion and that his property took access not onto Blackhawk but
onto Highway 13. Chairman 4ined that the public safety
issue referred to the incr"a"U"''i'd ::An the area due to the R-4
............... . .....
density.
Voracek roved, Gorman seconded;�-.-.• the ssation to recommend approval
of a rezoning of approximately.. 4.9:'4�6res..4'-'thin PIDs 10-01700-011-511,
10-01700-010-52 and A Agricultural to R-3
:0
Townhouse Residential for the f o'i'iowin4:'-k;6a sons:
1. Traffic concerns and the resulting public safety hazards from
the increased traffic on Blackhawk.
2. The R-4 use of the prpperty would not be harmonious with the
existing surrounding re s i dent
3. An R-4 use of the propert.y.::would-::'bd.detrimental to the natural
topography.
All voted in favor.
CITY OF RAGAN - AREA R XULTI-FAMILY RESIDENTIAL LAND STUDY
Chairman Graves opened the next hearing for the evening regarding
a Comprehensive Guide Plan amendment and rezoning for Multi -Family
Residential Land Study Area rezoning of approximately
53.5 acres from R-4 to 6 acres from R-4 to PF
and a Comprehensive Guide Plan amendment to change the land use
designation of approximately 14 acre''gi: fro]V':::'b-II to D -I; approximately
39.5 acres from D -III to D -I and a*"""* oxi ".tely 6 acres from D -III to
P. The subject property is located 61ong Iftnny 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 backgrwind of the site. She also
referenced the City parcel which was cur..ently zoned D -III located
south of Highline and asked that that a196 be included in the APC's
recommendation. She further stzt�4-:::tli*at..'.--*:.,:..Properties was opposed to
the rezoning and read into:::the :rei btdi:'::&i%*:Aetter dated May 15, 1990,
written by Attorney William Busch representing EHW which set forth
the reasons for EHW's objections, tiose being the existing
infrastructure, the grading of the site;: the parkland dedication
Page 13/EAGAN CITY COUNCIL
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 early park dedication by
EHW was accepted by the CALtx.....,and.::: U.4t major street and utility
improvements were made with:::::::ari::::::.3?:::::is: in mind and that pending
assessments were calculated at multg3e an:commercial rates.
John Swenson, 4316 Clemson, atated.t3zat he lived in a quad home
in the area and that he supported:'t3 . singe family rezoning. Mr. and
Mrs. Peters, area residents�::::::::Auppgr. t. 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. Commissionmember Hoeft asked for an explanation of the
existing utilities in the area. Ms. Marnin stated that storm sewer,
grading and the width of :::the. road were all placed for R-4 use and
that these improvements were "s4a4.at R-4 rates.
Commissionmember Hoeft asked, if "-:1-6hi�py Cake was a collector
street. Assistant City Engineer:::)1ike...F-oertsch stated that it was and
that it was designed to to 12,000 trips per day.
Commissionmember Hoeft then :::::slid ''what other streets handled that
amount of traffic. Mr. Foer+sch stated that Lexington.Avenue by
comparison handled less traffic and also Rahn Road handled less
traffic. Commissionmember Hoeft then asked when EHW had purchased the
property. City Attorney Dougherty said that the property was
purchased by EHW in the late sixties.
Chairman Graves askedtat::::3 e P .he4::::: to the assessments if the
City rezoned the property. Assistant City Engineer Foertsch stated
that the Multi -Family rate would:::::::be hi Ver than the Single Family
rate and that the assessments were st11 pending. City Attorney
Dougherty stated that the City wou" .1 hair$;:: to prove benefit and that
the City couldn't assess R-1 property at:':A-4 rates. Chairman Graves
stated that factors iri EHW's 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.
Commissionmember Gorman :statez::::the`:t;tiffic was a concern as well
as the increased load on th*:'::3rifrastr C afire from R-4 use. He stated
that he concurred with the Community Develppment Department, that the
property should be rezoned to R-1 and that::::the legal issues should be
left to the City Council. Chairman Gt*aVes stated that while the
Page 14/EAGAN CITY COUNCIL
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.
Commissionmember Voracek: *' t : 3::::tt �t:.::significant vegetation and
ponds were in the area and that the::::4rea s more conducive to Single
Family development. Chairman Graves stat'dthat some of the .property
should be R-1 but that some sh6uld Also be a buffer between the
Commercial and the Resident.i.a1:; i $e :co.=X-ssionmember Voracek stated
that perhaps the northerly pttcn txiii.c : be zoned R-2 with a gradual
move to R-1 to the south.'He sugge d'a a combination of 2/3rds R-1
with 1/3rd R-2.
Gorman moved, Voracek seconded, the motion to recommend approval
of a Comprehensive 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 (0-6::::::::ttit:te.:.:.per acre) to D -I Single Family
Residential (0-3 units per acrej:;::::::::;agproximately 39.5 acres within
PIDs 10-02800-017-50, 10-02900-:0:11-02 '-'a7id...10-02900-011-04 from D -III
Mixed Residential (6-12 units ::per..Acro_):�.*;to D -I and approximately 6
acres within PID 10-028Q0-018-.5.0.::::::..rdih,'' D -III to P (Parks) for the
following reasons:
1. Public safety concerns.
2. Traffic increases.
3. Increased demand ::o::::::::;::ii:::::::::::puic facilities from R-4
development.
4. R-1 use is more harmoniou :With:.tie surrounding residential
areas.
5. The negative environmental impadt" on the area from R-4
development, specifically the trees on site.
Aye - 5; Nay - 1 (Miller)
Gorman moved, Voracek seconded, the miction to recommend approval
of a rezoning of approximately 5'3'.5 acres . within PIDs
10-02800-017-50, 10-02900-0142:::::::iic:::::::::fl-02900-011-04 from R-4
Multiple Residential to it'Family Residential and
approximately six acres within PID 10-Q2800-018-50 from R-4 to PF
Public Facilities/Parks for the following r�e:asons:
q�
Page 15/EAGAN CITY COUNCIL
May 22, 1990
1. Public safety concerns.
2. Traffic increases.
3. Increase demand on the : pu-b .4 s .. t'ies
4. R-1 was a use more harmonioii `with':'the
areas.
from R-4 development.
surrounding residential
5. The negative enviror�i -4'1:1�A:act on
'tr
development, specifically the ees on."site.
Aye - 4; Nay - 2 (Miller and Graves)
the area from R-4
Chairman 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.
Commissionmember Voracek statedh`d'::'voted to rezone to R-1 in the
hopes that the developer would came ta.::an::::greement with the City for
a mixed zoning.
LANDSCAPE ORDINAI+FCE "AMENDMENT - CITY OF EAGAN
Chairman 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 regarcx:::::::ate::::::::ad design standards and
landscaping standards.
Community Development Director::::tunki:� introduced the ordinance
and explained the various sections: and,*::noted the revisions by Mr.
Voss.
Chairman Graves pointed out that if sod was required, the City
should also require adequate soil to support sod. 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 more clearly. He further corrected::::the typo in subdivision H.
to read "waiver".
Miller moved, Staehli = cettsriciet; :#r motion to approve an
ordinance amendment of the City of Eagan,; Minnesota amending Eagan
City Code Chapter 13 entitled "Subdivisioi3::1egulations (Platting)" by
amending Section 13.30 regarding data 4"1id design standards and
Agenda Information Memo
June 19, 1990 City Council Meeting
SPECIAL USE PERMITILT S WEST NEW VECTOR GROUPICELLULAR TELEPHONE FACILITY
F. Special Use Permit, U S West New Vector Group Inc., to Allow a Cellular Telephone
Facility on the Safari Water Tower Located in the SE 1/4 of Section 31 --The City has
received an application from William R. Buell, representing U S West New Vector Group
Inc., requesting a special use permit to allow antennas and a 14 foot by 38 foot (532
square foot) equipment building on and adjacent to the Safari Water Reservoir located
on Outlot B of Eagan Royale Addition.
For further information on this item, enclosed on pages � through LD is a report
from the Planning and Engineering Divisions.
If this item is approved by the Council, the approval should be contingent upon a
successful lease agreement being drawn up between the City and the applicant. A draft
lease agreement has been prepared and submitted to the applicant for their review and
comment.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use
permit as requested by William R. Buell, U S West New Vector Group Inc., to allow
antennas and a 14' by 38' equipment building on and adjacent to the Safari Water
Reservoir. Such approval should be contingent upon the completion of a lease agreement
between the two parties.
SUBJECT: SPECIAL USE PERMIT
APPLICANT: WILLIAM R. BUELL, U.S. WEST NEW VECTOR
GROUP INC.
LOCATION: OUTLOT B, EAGAN ROYALE
EXISTING ZONING: PF (PUBLIC FACILITY)
DATE OF PUBLIC HEARING: JUNE 19, 1990
DATE OF REPORT: JUNE 12, 1990
COMPILED BY: PLANNING & ENGINEERING DEPARTMENTS
APPLICATION SUMMARY: An application has been submitted requesting a Special Use
Permit to allow antennas and a 14' x 38' (532 square foot) equipment building.
COMMENTS: The applicant is proposing to place between five and ten antennas atop
the Safari water tower. There are two types of antennas to be used, the 13' whip antenna
and the 19" panel antenna. The cellular mobile phone system operates on a specific set
of channels set aside by the FCC. The telephones will operate within a strictly controlled
set of allotted frequency between 835 to 897 megahertz. This will ensure that cellular
transmissions will not interfere with other transmissions.
The applicant has had two neighborhood meetings to discuss the location of the 14' x 38'
equipment building. They had several locations proposed working within the parameters
of the Zoning Code, public works operations, and U.S. West New Vector group's
operation needs. The applicant has agreed to construct a brick building instead of a
prefabricated building, matching the brick to the retaining wall. They are also proposing
to place the building into the hillside to lessen the visual impact and to place the building
away from the. existing homes. The building is 14' in height and will be built into the
existing ground elevation. The building exceeds the 28' setback by 52'.-
The
2':
The building is an unmanned facility, therefore the applicant feels there will be no
measurable impacts on traffic. or parking conditions. Off-street parking will be available
immediately adjacent to the equipment building on the existing service road for
maintenance personnel. These visits may be only one or two times per week.
N�
If approved, this Special Use Permit shall be subject to the following conditions:
1. All slopes shall be no greater than 3:1 or shall be planted with a maintenance
free plant material.
2. A landscape plan shall be submitted and approved by City staff.
3. All applicable permits shall be applied for and approved by City staff.
4. No outdoor storage shall be permitted.
5. All applicable City Code reqirements.
q7
MEMO TO: SHANNON TYREE, ZONING ADMINISTRATOR
FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: JUNE 12, 1990
SUBJECT: SPECIAL USE PERMIT, IIS WEST NEW VECTOR
SAFARI RESERVOIR ANTENNA/BLDG INSTALLATION
The Public Works Department has reviewed the application for a
Special Use Permit to allow the installation of a 14'x38' equipment
building and related antenna facilities on and adjacent to the
Safari Water Reservoir located on Outlot B of Eagan Royale
Addition. The proposed location of the building on this City
property does not create any conflicts with the use or maintenance
of the reservoir facility. Several alternative locations have been
reviewed with the applicant. While other locations are feasible,
it appears the final proposal is most practical in relationship to
concerns from adjacent property owners.
A separate application for the installation of antenna facilities
on the reservoir facility is being processed through the Public
Works Department. A draft of the lease agreement has been prepared
and submitted to the applicant for their review and comment. It
is anticipated that the details of this lease agreement will be
resolved in the near future. Part of this agreement requires the
applicant to provide the easterly 6' of this equipment facility to
be reserved for future City needs. Also, the lease agreement
provides for a fee schedule that would provide rental income to the
City for the use of this property for the building in question as
well as for each antenna installed on the reservoir itself. The
actual number of antennas has yet to be resolved. An
intermodulation study to ensure compatibility of this operation
with Public Works, Police and Fire radio communications has been
performed and found to be acceptable. The applicant will be
required to provide all utilities necessary to service this
facility at their cost.
As a result of this detailed review, the Public Works Department
has no objections to the issuance of this Special Use Permit for
the site being proposed.
Director of Public Works
TAC/jj
cc: Joe Connolly, Superintendent of Utilities
U.S. WEST NEW VECTOR GROUP-INC.
Existi„ Building
PROPOSED CELLULAR PHONE FACILITY Q IDAH1JGRL.
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