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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. a(' .yy r Ir mf.vl>, .•n 4 V C Z;'GY: 5ahf� I T ���: -• TOOK ).•C,iI.00 .... cc i d r a N i is U_ 1- • 11 I 2 _ •ems me •' fffi YI f'= iii f• h. I '__-� nom¢ i0 nha s r a.f' $ Y• ►I' X00 G w,v7•t,�Y�— Y 3i � �n6 � ►5,2405 � -_ '.� •n .i�aa•'<�i�i oi,l.•..�'i/ l:��v�- � 'S^ t>r�,YN ISej ° 8i EiC of :� +• � � ci O8 •t; �: i 1.. : Z aR LLAlb _00,092 Qz Q:� I •-1 Y t u~i? y iL m !t h A .z CLL' 1.•$ C� J_ 6q I �� _�— �R 411/: �` x Ci.-•C� ► 7.K t•.O C •-' �� �_ •...,.�: L JI ut,.; `E: I u... . a.ox<• 7..v...f .�.. i ... fill z,zot•aoN' ('ON Jl7MH91H OIV 3171S AINHOO to DoE ";uza • 3.22 F4iiN'J d4Y1 AOM dG � •.- 1H�Ia g40a 00'Oi21 w,YG,i1A r /.iN iG� 4!.4MVJ $ -- $ L6t:Na i. Ilu} Ir liW HVS;J —T = C •— 'iasa i:, Ig4IIa di1•I':1 i .. i"Veri 14 ? NO V. d4:'1 A:.Y j\'•i 1 q:,:a AiP�.:.� iA�VOV' I F --?G a7 W W (A N 0 N F— W I►1 _ 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 - S'3 2: :1-4, 3 :0__w'lpA:. ft 04—As 0.01111;1 E`. EM31 NA� ..� ■ fta • M=0,111F IIIIWIN0In 3s It -4: •1't= DAWA, KE®31 ■ r .._ oil ».`110 Ift fa- zzq 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 - Rz Imew LAI VE rMAVIPI OWsAb _ i ,. �►4 AW .-+� +� IM soon=. �►. ! �■� L� �•r��ilr%� i �is�'7I•� ■�l■�N��rt ,1r1 ` ..1►��71 WIN "m UNION mum i 7r -T, L low, Sm"AL- : P I. IN 'Aw TL Id a morn — 10 a -A via ■ AM I 16 - - gb 3 1 ILINA 0— a owl my 7- 4 K%mz I A rT'Tim ,W 109 &OR i �ENDF IBMs. r imam � Imo.. .:,�..� .y, �,!'! 1,, �► ��i .•+►, �_.. .� r ■111■.►� - 1►i .� w n I i i/ VL&5 IM a UP 'A 3mLIA ■� a r��� L �EEO ���, t� t & _ C 9 kEN�F - - � � - �..� ,��..� �.:�/' � ■ iii top do +� r6N� tv � . �r! �� �r ,ow- `'"',�.-* ,+',�# blow - loss ■TI-pli ZMA 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 roadway may not be consistently severe, development design should be sensitive to traffic noise generated by principal arterials. - PAGE R.4 - �' J dft: i i/it,;,.`N POT -=!Map T. 'RIM • ! i�4d e4p1 .4, t■;jji&4 = W -# -.•z 0158011101 WILY RESIDENTIAL LA STH❑ IA 1�40 own abu- Iov{iliks . . 0 �a We a W, Betz gh Oman Naar on �'' 1►,fir �►, j - :�..�___ �,�,,,,�► ��► dp 4dw Ab OP on Elm AN WS, uftmmmi�---� -W Mt Ims 9 9 I 49 IF& P&M 11;-- �Imb � - =moi �•= �'= r �1 N=141Is a I 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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