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08/21/2001 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING August 21, 2001 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA f)q, a A. APPROVE MINUTES 17 B. PERSONNEL ITEMS (9 C. APPROVE Final Subdivision - Lundgren Bros. Construction, Inc., Pinetree Pass 7`h Addition. j D. APPROVE Final Subdivision - Lundgren Bros. Construction, Inc., Pinetree Pass 8`b Addition. 'P.OE. ADOPT Findings of Fact, Conclusions and Resolution for denial of a Conditional Use Permit - Adams Outdoor Advertising. F. APPROVE contract with Sabongi Consulting Group for preparation of Construction Documents p for the Moonshine Park Retreat Center. pal G. APPROVE Contract 99-14, Final Payment/Authorize City Maintenance (TH 55 South Frontage Road/Louis Lane - Street and Utility Improvements). H. REVISE Bid Date - Contract 01-08 (Well #20). 31 I. REVISE Bid Date - Contract 01-15 (Storm Mitigation Improvements, Misc. Areas #6, 7 & 8). 3a J. RECEIVE Bids, Award Contract - Contract 01-06, (Blue Gentian Road - Streets and Utilities). P34 K. RECEIVE Final Assessment Roll, Project 748, Schedule Public Hearing (Johnny Cake Ridge Road - Street and Utilities). P3(p L. VACATE Easement, Receive Petition and Schedule Public Hearing (Lexington Pointe 14d' Addition, Lot 13, Block 1). M. APPROVE 7/1/01 to 6/30/02 General Insurance Renewal 4) N. APPROVE Security System p4A O. APPROVE Ordinance Amendment - Section 6.39 (Off-site Massage Therapy Permits) 45 P. ORDER Revision of AUAR Document I+g Q. APPROVE Letter of Support - MVTA TEA-21 Grant SDR. APPROVE Wetland Conservation Recommendation f)$a S. APPROVE New Tree Contractor License P ~T. VACATE Easement, Receive Petition and Schedule Public Hearing (Eagandale Center Industrial Park 3`d and 4d' Additions - 3110 Mike Collins Drive). V. 6:30 - PUBLIC HEARINGS P S7(p A. VACATE Public Drainage and Utility Easements (Lot A, YMCA 1st Addition) JC'q B. CONSIDER Adoption of the Redevelopment Plan for the Cedar Grove Redevelopment Area, r and Establishing Tax Increment Financing District No. 1 within the Cedar Grove Redevelopment Area; and Adopting the Tax Increment Financing Plan Therefore. VI. OLD BUSINESS 4)'70 A. CONTRACT 00-14, Receive Bids / Award Contract (July 2000 Storm Mitigation Improvements -Areas 1,4,5 and 10). Pq.5 B. ORDINANCE AMENDMENT - Chapter 4, Section 4.20. VII. NEW BUSINESS ~(p A. REZONING & PRELIMINARY SUBDIVISION - Delta Development, Inc. A rezoning of 6.65 acres from R-1 (Single Family) to PD (Planned Development) and a Preliminary Subdivision (Summit Hill) to create 30 lots for detached twnhomes on property located on the east side of Johnny Cake Ridge Road, north of the Oakridge Townhomes in the NW '/a of Section 28. 10111 B. PRELIMINARY SUBDIVISION - YMCA - A Preliminary Subdivision and Final Subdivision (YMCA 2nd Addition) to allow for property acquisition for an expansion of the YMCA daycare, legally described as Outlot A YMCA located at 550 Opperman Drive in the NE '/4 of Section 13. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT XII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 17, 2001 SUBJECT: AGENDA INFORMATION FOR AUGUST 21, 2001 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 21, 2001 City Council agenda, the following items are in order for consideration. 1 Agenda Information Memo August 21, 2001 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the August 7, 2001 regular City Council meeting, the August 7, 2001 Listening Session and the August 14, 2001 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 7, 2001 regular City Council meeting are enclosed on pages 3 through -9-- • Minutes of the August 7, 2001 Listening Session are enclosed on page • Minutes of the August 14, 2001 Special City Council meeting are enclosed on pages through jo r.' r MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota. August 7, 2001 A regular meeting of the Eagan City Coyt1 was held on Tuesday, August.7, 2001 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor A$ -Aa and Councilmembers, Carlson and Fields. Also present were City Administrator Tom Hedges, Senior PlannerV Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. City Councilmembei ##S#oit, ;,bb9et FC-an out of state military duty. City Councilmember Tilley was attending an out of s1&6-9,S ;;q t ter daughter. AGENDA Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 3 Nay:0 RECOGNIWQNS AND PRESENTATIONS PRESENTATION BY STEVE IONNe':',. -OUNTY ECONOMIC DEVELOPMENT ARTNIpt IIP PROCLAMATION 0 EAGAN B NESS RECOGNITION DAY t;. City Administrator Hedges introduce d'$thrie3Tlg;;Qigit~ Economic Development Partnership who provided an update on the recent activities and accomplishments of the Dakota County Economic Development Partnership. He also discussed the Job Fair that will be held in the City of Eagan on Thursday, August 23. He stated the job fair is intended to recognize and congratulate the business community in Eagan for the vital role it plays in promoting the image of excellence in the community. Mayor Awada read the proclamation naming August 23, 2001 as Eagan Business Recognition Day in the City of Eagan. r Councilmember Fields moved, Councilme;u 461161* .r, cb bided a motion to proclaim August 23, 2001 as Eagan Business Recognition Day. Aye: 3 PROCLAMATION#?, NIGHT OUT City Administrator Hedges discussed National Night Out vi~13Cl~'is being observed this date in itn effort to promote the importance of crime prevention programs. Police Chief Therkelson discussed the background of National Night Out. He displayed a map showing block groups that are getting together and stated that representatives of the Police, Fire and Public Works Departments will be visiting each of the block group sites. Councilmember Fields moved, Cqj4*q*r Carlson ,~ggAnded a motion to approve a proclamation naming August 7, 2001 as National Night f#f y • *TONSE1V 'l~fGENDA- A. Minutes. It was recommended to appror sE+•taia•of;.sbJ,i}~Y: 17, 2001 Regular City Council meeting. B. Personnel Items. 1. It was recommended to accept the resignation of Amy Hertel, Administrative Specialist. 2. It was recommended to accept the resignation of Judy Showalter, Clerical Tech III in Engineering. 3. It was recommended to accept the resignation of Tricia Ragner, Clerical Tech III in Parks and Recreation. 4. It was recommended to approve the hiring of,Sf3;,,sfa Community Service Officer. 5. It was recommended to approve the hirin •b'S:R. art-time seasonal guest services worker at Cascade Bay. , • • 6. It was recommended to approve the hiritlg dF Elizabeth Porter Ivlolly Jaye as part-time seasonal concessions workers: 7. It was recommended to approve the ~Of Andrea Young asrt-time seasonal skating instructor at the civic arena. f onal GIS 8. It was recommended to approve the .t+~titt~c•".~fi~3t Intern. i 3 Eagan City Council Meeting Minutes August 7, 2001 Page 2 9. It was recommended to approve the hiring of Jamie Bewley as a Part-time Clerical Technician III in the Police Department. 10. It was recommended to approve the hiring o% ey Wheeler and Jerold Frevel as building inspectors. 11. It was recommended to approve the establish of a City Clerk / Administrative Services Coordinator position. C. Licenses. It was recommended to approve nJAA ;Acj ; We station licenses for Food & Fuel, 2000 Rahncliff Court; and Food & Fuel, 424•Y cols Road. D. Refuse Hauling Contract. It was recommen• io award the City's refuse hauling contract to Browning Ferris Industries (BFI). t. Metropolitan Regional Arts Council LMRAQ Grant of S4,000. It was recommended to approve the Metropolitan Regional Arts Council grant of $4,000. F. Acquisition Agreement 1930 Silver Bell Road. It was recommended to approve the acquisition agreement for 1930 Silver Bell Road and declare that the Ci•; ntends the acquisition to be eligible as a reimbursable expense as part of the Cedar Grove Tax Increment FssD6"gce Rede_kPAgpment District. G. Acquisition Agreement - 2230 Clark Street. t eras recop'Oended to approve the acquisition agreement or 2230 Clark Street. H. Acquisition Agreement -2238 Clark Street'twas recended to approve the acquisition agreement for 2238 Clark Street. I. Acquisition Agreement with Twin City PoulftY:aesi;to approve the acquisition agreement for Twin City Poultry and declare that the City intends the acquisition t6' eligible as a reimbursable expense as part of the Cedar Grove Tax Increment Finance Redevelopment District. J. Financing Plan and Final Agreements - Energy Alternatives Generator: It was recommended to approve final agreements for the Energy Alternatives generator. K. Contract 01-06. It was recommended to receive the bids for Contract 01-06, Blue Gential Road Street and Utility Improvements. r r, ; L. Contract 01-14. It was recommended to receive theL b*; f~Ofi; 'D1-14 (July 2000 Storm Mitigation Improvements - Misc. Areas #1 4 5 & 10 art : d.%.. % V{ard of the contract to the August 21, 201 regular City Council meeting. : e. • r M. Contract 00-07. It was recommended to app£h~e Ofiles No. 6 to Contract 00-07 (TH 13Blackhawk Road -Divided our-Lane Upgrade) and author72ea tygd Deputy City Clerk to execute all related documents. ' N. Joint Powers Agreement with Dakota County. It was recommevt~dc approve a Joint Powers Agreement between the City of Eagan and Dakota County agreeing that Dakota County will inform property owners of its three-year pumping maintenance requirements for Individual Sewage Treatment Systems (I.S.T.S.). 0. Transfer of Used Squad Cars for Police Training. It was recommended to authorize the Police Department to enter into an agreement with the Dakota County Technical College which would entail the city providing two used squad cars in exchange for police traininji•*ff;;ed by the college. P. Olson-Burger Addition. It was recommend 3:t.Q:*P. live a; .extension of the Preliminary Subdivision approval for Olson-Burger Addition, co of W;1;tiCoutlot on approximately 33 acres located east and west of I-35E between Yankee a andI;►~Sak Roads, in the west '/1 of Section 10. Q. ISD 196 Family Services Collaborative I&MS Grant. •lt was recommended to approve the ISD 196 Family. Services Collaborative LCTS Grant in :!I?hount o •000. • R. City of Eagan 2001 Fee Schedule. It wa#oli bh;:Ati fie 2001 Fee Schedule to add the following fees: .s+:•:f::+::~:::•:;:;::~:'~ $ 3.00 Digital color photocopy (first copy) 1.00 Each additional digital color photocopy of same item 1.50 Digital black and white photocopy (first copy) .25 Each addition digital black a ,~rJut~ hotocopy of same item 500.00 Escrow deposit for co ' , ;al variance requests Councilmember Fields moved, Councnrn Carlson sbe ded a motion to approve the Consent Agenda as presented. Aye: 3 Nay: 0 r i Eagan City Council Arming Minutes August 7, 2001 Page 3 0. : J ~ ~1 RUBLIC HEARIN&$ PROJECT 74AY•.,56ONTAGE ROAD. FINAL' TARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 749 (East Highway 55 Frontage Road street and access management improvements). Public Works Director Colbert gave a staff report. y}•.;.:•••• Mayor Awada opened the public hearing. • • } ' A resident questioned where the $250,000 ft4 he state * i# be allocated. Public Works Director Colbert explained the allocation o;cthe State There being no further public comment, Mayor A*Wclosed the public hearing and turned comment back to the Council. Councilmembers discussed the Baumann property at 3245 Highway 55 and agreed that the assessment could be deferred until time the property is developed. Mayor Awada moved, Council>iol~ seconded a motion to approve the final assessment roll for Project 749 and authorize its certification to ~1eifa •t ~qr collection; and a deferred assessment agreement be executed with the property owner of 3245 Higley y: 0 PROJECT 7841%, LOUIS LA#¢ *rJ.k ~i#4~7~ UTILITY BOROVEMENT F(Ai> NT HEARING City Administrator Hedges introduced this item regarding Project 784, Louis Lane - street and utility improvement final assessment hearing. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. r.:• • Ed Meisinger representing Fra*;' ttpP0lfyryq objection to the assessment for Louis Lane. There being no further public comment, Mr Awada,0sed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Council&&ber Field- econded a motion to approve the final assessment roll for Project 784R (Louis Lane - street and utilO improvements) and authorize its certification to Dakota County for collection. Aye: 3 Nay: 0 VARIANCE - DUKE REALTY CORPORATION (3025 LUNAR LANE) City Administrator Hedges introduced this item regaz • 'a variance for loading dock doors along the front of a building to be constructed at 3025 Lunar Lane. Senior PI" Ridley gave a staff report. The applicant made a presen ~`tij.;tC?J'••.'Sssdjl'~ variance. Mayor Awada opened the public hearing. There ber'p public comment, she closed the public hearing and turned the discussion back to the Council. ' Additional screening for the site was discussed and Council requested that a grading and landscaping plan be submitted prior to issuance of a building permit. 5 Eagan City Council Meeting Minutes August 7, 2001 Page 4 ..Ids seconded a motion to approve a variance for loading dock Mayor Awada moved, Councilmember fit doors along the front of a building to be constTUCq t 3025 Lunar Lane, legally described as Lot 2, Block 1, Ecolab Addition subject to the following conditions: A*..-3 Nay: 0 1. If within one year after approval, the va>t~li}} J~jeygeiiir:pompleted or utilized, it shall become null and void unless a petition of extension3'113s41eetr > i# y' 'Council. Such extension shall be requested in writing at least 30 days bel*p* xpiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in4ariance. 2. The applicant shall obtain a building permit prior to beginning construction. 3. Landscaping shall be provided per the Landscape Plan dated W6/01. 4. Screening along the east side of the site shall be provided per the Grading Plan dated 6/28/01. 5. Extend the north wall of the building to the east and west for screening wall purposes unless the Planning Department determines that the gradin .mod landscaping plans depict adequate screening from Lone Oak Road. f• x.;:;~ VARIANCE - SPECTRUM DEVELOP NT (L(%V: ' BLOCK 1, SPECTRUM BUSINESS PARK) City Administrator Hedges introduced:` ;q.,s)~►gce to the minimum ten-foot parking stall width to allow nine-foot wide parking stalls atieetftili:sii$ted at 1000 Gentian Road. Senior Planner Ridley gave a staff report and suggested that the issue be continued 60 days to allow time for review of the AUAR. The applicant briefly discussed the plans for the proposed project and agreed that the issue be continued. Councilmember Carlson moved, Councilmember Fig(ds:pbbttad a motion to continue for sixty days the consideration of a variance to the minimum ten-foot Rark Sf~sl .;ii?3~6-'to allow nine-foot wide parking stalls on Lot 2, Block 1, Spectrum Business Park Iocatst;Qee Gesin Road. Aye: 3 Nay: 0 APPOINT MEMBERS TO THE GOLF COiJIt$$•ORATORY COMMITTEE City Administrator Hedges introduced the item regarding the appointment of members to a Golf Course Exploratory Committee. Mayor Awada stated that 64 applications had been received. She explained that after discussion with Council and staff, it was agreed that everyone who applied would be appointed along with representatives of the Advisory Planning Commission, Advisory Parks and Recreation Committee, and the Economic Development Commission. She y*-4t1ktKthat the l F coup would then be divided into subcommittees and an executive committee t Councilme nber Carlson described the three sed su ~>fOpo ?mittees which would be Finance, Programmatic, and Land Use. ti Mayor Awada moved, Councihne> : on to appoint 64 applicants to the Golf Course Exploratory Committee, along with representatives t$>t#visory Planning Commission, Parks and Recreation Committee, and the Economic Development Commission. Aye: 3 Nay: 0 Lauren Florine expressed her disagreement with the way the application for the Golf Course Exploratory Committee had been written. She also questioned~yJdte;Wlial excitement for the golf course had originated. Bill Henning stated he felt that new -.4 . inted me • .f $ the Committee should accept appointment in - an unbiased way. •M1:•:•f f A brief break was taken at 8:00 p. t ~ Eagan City Council Meeting Minutes August 7, 2001 Page 5 RESOLUTION CALLING FOR A PUBLIC HEARING ON- THE ISSUANCE OF REVENUE BONDS TO FINANCE A CQZ01ERCIAL FACILITIES DEVELOPMENT PROJECT • (CATHOLIC FINIE CORPORATION PROJECT) City Administrator Hedges introduced }.ckeusFec~.•. .4e,v carding a public hearing on the issuance of revenue bonds to finance a commercia~facilitieellidpi;'tL,i,-eql:; Mayor Awada stated she will be abstain from voting on this issue due to her child attending Faithful Shepherd School. Councihnember Fields states is opposed to the issue. Councilmember Carlson stated she felt the issue would be highly controversial. Michael Schaefer, Executive Director of Catholic Finance Corporation, discussed the proposal and stated it had not been an issue with other cities. Councilmember Fields moved, Counmber (fbon seconded a motion to deny a resolution calling for a public hearing on the issuance of revenue boi to finanp,; :commercial facilities development project (Catholic Finance Corporation Project). Aye: 2 Nay: 0 vlayor. ?j> la abstained) CONTRACJ':#1s;:;4?#RKWAY City Administrator Hedges introduced this item regarding Contract 01-04, Central Parkway. Public Works Director Colbert gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to receive bids and approve the Principles of Agreement between the City and Lockheed Martin and award Alternate #2 for Contract 01-04 (Central Inc.; and authorize the Mayor Park and Parkway - Grading, Streets and Utilities) to C.S. MpPmO and City Clerk to execute all related documents. AX:•~'j#a)* CONTRACT 01-11, DOW . ...D -CL I)~;ROAD TO BUTWIN ROAD STREET OVEMENTS City Administrator Hedges introduced this item regalg:?tp(iKact 01-11, Dodd Road - Cliff Road to Butwin Road, street and utility improvements. Public Works Direcidli'C'olbert gave a staff report. He stated that MnDOT will not issue a permit for the addition of a fourth leg to the intersection of Red Pine Lane and Trunk Highway 3. He suggested that Council cancel the bids and authorize the revision of the plans and specifications and the issue be brought back to the Council as appropriate after staff has pursued resolution of MnDOT's concerns. Leslie Vermillion and Bruce Kastner,tatives oA;1tOT discussed their concerns regarding the :i , ection as well as the proposal to cul-de-sac connection of a fourth leg to the Red Pine IS Dodd Road. Staff indicated that a neigho•mee ?K:a ~d with the representatives of MnDOT present to address concerns of the residents.` e" . It • Several residents were present an aA 0%. Wffils' &,ded traffic and safety on Dodd Road and the request for a temporary stop sign at the intersectiorgEi#} " eet. Mayor Awada moved, Councilmember Fields seconded a motion to cancel the bids and authorize the revision of the plans and specifications for Contract 01-11 and the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, January 31, 2002. Aye: 3 Nay: 0 tmotion to authorize that a temporary stop sign • Mayor Awada moved, Councilor V ,*W be installed at the intersection of Dodd Roa • W-'120' Street W%f * intersection is located in the City of Eagan) (if not, staff to work with the City of Rosemoi~nd to be removedft the project is completed. Aye: 3 Nay: 0 Eagan City Council Meeting Minutes August 7, 2001 Page 6 CONTRACT 01-13, JULY 2000 STORM MITIGATION IMPROVEMENTS • City Administrator Hedges introduced t1 j em regarding Contract 01-13 -July 2000 storm mitigation improvements. Public Works Director Colbert g"'"I staff report. He stated that staff had met with residents of the White Oak Court neighborhood Monday, August-.43.a...% cr s ye;owtc p .ing issues. He went on to state that at the meeting residents did not consent to'the plan :rdct{Pi,?;!! the City Council consider directional drilling or jacking as the installation method for;,g?raon of M s`Ciiti$ Si','wef rather than open cutting a trench. He stated they also requested alternative considerati4;for the alignment of an EOF. Director Colbert stated that staff would best be able to provide the residents and 0- * cil with more detailed information to consider any proposed improvements through a feasibility report. Five residents spoke expressing their concerns regarding the loss of trees. Discussion was held by Council regar the issue of alternative methods for locating the storm sewer. The Council concession was that it was not in ity's in ~~{d~t to set a precedent after alternatives were rejected, due to cost, previously. IO Mayor Awada moved, Councihnembel,Fj; 14, Sgco`ded a motion to receive the bids, award Contract 01-13 (areas 1, 3, 4, 9 and 10) to Barbarossa and Son!}-:.... . N ~pak Court project and authorize the Mayor and City Clerk to execute all related doc>ifli~tifs! "14y i4 ti:;: NEW BUSINESS - CONDITIONAL USE PRMIT - VALLEY BLACKTOPPING City Administrator Hedges introduced this item red.;, :itional use permit to allow for the outdoor storage of items currently being stored on property,JR44'o,'ct: Cj 0. of Section 24. Senior Planner Ridley gave a staff report. ':=r } . . Councilmember Carlson moved, CouricBra~ti1 Fkis seconded a motion to approve a conditional use permit to allow for the outdoor storage of items curren'tlyst gn property located in the SE of Section 24, legally described as Lot 1, Block 1, Clarkson Place, subjecf fia$}:`o1pwing conditions. Aye: 3 Nay: 0 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of Council action. 2. The applicant shall submit a dimensional site plan that depicts the areas of storage and the items to be stored for review at the City Council meeting. 3. Storage of items along the west side of the property shall be limited to items that are the height of the wood screen fence or shorter. f~:~:;: 4. The portable toilets must be at b:~eeilvvi;d;~xisting fence and placed within a 10 foot fence enclosure as shown on t*. plans d August 7, 2001. 5. Any damaged areas of the existing fence a repaired or replaced. Council took a brief break at 9:45 p.m s: ,:,5. f ti~ CONDITIONAL USE PERMI'T'- .CAMS OUTDOOR City Administrator Hedges introduced this item regarding a conditional use permit to erect a 756 square foot off-premise sign upon Canadian Pacific Railway property located south of TH 55 between I-35E and Lexington Avenue. Senior Planner Ridley gave a staff The applicant reviewed the ProPos • ge.• .•..Sfti,• . ' . ~ha ~ . Roger Lurvik, owner of the propect.'expressed concern a • the requirement that caused Adams to remove the sign from the property and the ' of that revenue sou: Mayor Awada discussed the on ••:Qe f the sign ordinance. - Eagan City Council Meeting Minutes August 7, 2001 Page 7 Bob Graiziger and John Bodger of Adams, spoke about the sign ordinance and intent of the sign ordinance review in 1990. They disagreed with the assertic 0.1pade by Council members. Sandy Masin, former Councilmembernssed the intent of the sign ordinance and stated that the intent was to ultimately eliminate the signs. {f f;.::; Bea Blomquist, former Councihne • `o'statea* i Sli •te 09d the intent of the sign ordinance as being to ultimately eliminate the signs. IS:ti• Councilmember Fields moved, Mayor Awada seconded a motion to deny the application and direct staff to prepare findings of fact for denial of a conditional use permit to erect a-756 square foot (378 square feet per sign face) off-premise sign upon Canadian Pacific Railway property located south of TH 55 between I-35E and Lexington Avenue in the northwest''/. of Section 2, subject to the following conditions: Aye: 2 Nay: 1 Carlson opposed. PRELEUINARY SUBDIVLSIOX" TRAM RT CORPORATION OF AMERICA • f:; City Administrator Hedges introducedl)µ item rel~fding a preliminary subdivision consisting of two lots on approximately ten acres currently platted asl;Xaitf4;if *1.Oock 1, Sibley Terminal Industrial Park located at 1769 Yankee Doodle Road at 3290'f'fa~l•Ikivi!:•:'SleeilrDt:iner Ridley gave a staff report. John Donnelly, applicant, requested that condition number three-regarding restoration of the street and concrete curb be reconsidered. Public Works Director Colbert recommended that the condition remain as part of the preliminary subdivision. Council agreed that the street and concrete curb bq,gtpjtjc; agreement be executed for the private use of public right-of-way. Councilmember Carlson moved, Moor ?►va secondd a motion to approve a preliminary subdivision consisting of two lots on approximately ten acre9'ciiYl khka- teas Lots 9, 10 and part of 11, Block 1, Sibley Terminal Industrial Park located at 1769 Yankee Doodlp=cy;3;9A Terminal Drive in the SE V. of Section 8, subject to the following conditions. Aye: 3 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, Bl, E1, F1, G1, and H1 2. The property shall be platted. 3. The developer shall remove the traffic island and diagonal parking pavement markings, and restore the street and concrete curb in the area of island.tQ.cw vnt City engineering standards or execute an r private use. agreement for the use and main's #o n~ v:vr PLANNED DEVELOPMENT AN**N* MEN'E.WDRA COMMUNITY CENTERS FIVE, L.P.) City Administrator Hedges introdu ~ 3f p;} :if:0=ed development amendment to allow changes to the building facade and loading area on Lot 8, BOTa dIot 9, Block 2, Eagan Promenade, located .at 1295 Promenade Place. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a planned development amendment to allow changes to th b, , and loading area on Lot 8, Block 2 and Lot 9, Block 2, Eagan Promenade, located at 1295 of Section 10, subject to the following conditions: Aye: 3 Nay: 0 1. An Amendment to the Planned DVW_ opment Agreement sj be executed and recorded against the property. 2. The new storefront shall be cons tie;Cp:q.~'$f•,':,'i} sting building design and the approved building elevation plans. f.:, •~:~f::....::f::~..•:v:C Eagan City Council Meeting Minutes August 7, 2001 Page 8 3. The additional loading dock shall be constructed in accordance with Loading Plan 1 prior to occupancy of that tenant space. 4. Additional landscaping shall be installe t~.tnhance screening of the proposed loading area. A detailed landscape plan shall be submitted to be fgded in the Planned Development Amendment Agreement, subject to staff review and approval. TIC Ja#w. pj_,h~tlled in conjunction with construction of the new loading dock. The landscaping:j_oliii3C:$r;~m of 20 additional evergreen trees. 5. This Amendment is intended to supplement'dfltl'~h7enttliC•4•anned Development Agreement for Lot 8, Block 2, Eagan Promenade. All othe.ms and conditions of that Agreement shall remain in full force and effect. fS{y. ADNUNISTRATIVE AGENDA Assistant City Administrator Verbrugge provided an update to the Council regarding a recommendation by the Airport Planning and Environment Conee to provide full insulation to homes beyond the 65 DNL up to a $150 M cap. The recommendation will go to full Aiz"* Commission for consideration August 20, 2001. WETLAND CONSERVATION ;WT - LOM GOVERNMENT UNIT DECISIONS X City Administrator Hedges introduced~l ii9''ItUR ~3 tid g mitigation measures for Captain Dodd Park, Central Park and the Central Parkway/Northwood Parkway. Councilmember Carlson moved, Councilmember Fields 'seconded a motion to direct sediment mitigation (bentonite clay cover) of wetland at Captain Dodd Park.; replace wetland areas to be impacted by development of Central Park by withdrawing wetland banking credits; and replace wet area to be impacted by development of Central Parkway / Northwood Parkway by creating new wetltd~r.'~t4t~'C;;: Nay: 0 :5r<r1B'i1GARD Sandy Masin invited the Council and r*dQ,* till J;stWvd t'1ie Dakota County Fair and Dakota City. She introduced representatives of Dakota City who gave a ffi'fP p.xW ~ Doris Dahline, 3830 Alder Lane read a letter to the City Couiicif that raised a number of issues about the proposed Cedar Grove Redevelopment. Mayor Awada and staff addressed many of the concerns raised by Ms. Dahline. The issue will be further discussed at the August 14, 2001 Special City Council meeting. The meeting adjoumed at 11:30 into anlihuc Development Authority meeting and then to an Executive Session to consider an employee Mr. XXI 7Y: t ~i:ti•••'~J::1i:•r:;: ~ti iti 'Cf~ Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy wjd.$qual access to its programs, services, activities, facilities and employment without regard to Color, creed f•Q national origin, sex, disability, age, sexual orientation, marital status or status with reg's'$:tb public assistance;: Me 1 E r MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 7, 2001 Acting Mayor Carlson opened the June 5, 2001 Listening Session at 5:30 p.m. in the Community Room of the Eagan Municipal Center. Present were Acting Mayor Carlson and Councilmember Fields. Shari Quickle, 1362 Easter Lane, requested that consideration be given to amending Section 10.31 of the City Code in regard to noise regulation. She explained there is a problem in her neighborhood with loud car stereos and requested that the distance of 100 feet that stereos are allowed to be heard be reviewed. Councilmembers discussed possible solutions to enforcing the ordinance and directed staff to review the current ordinance and bring the issue back to Council for review. Mike Steiger, 3335 Coachman Road, asked about regulations governing billboard signs in private lawns. He expressed his concern over billboards that are located in a private lawn on Pilot Knob Road. Staff explained that signage is allowed on private property provided the signs are placed 10 feet back from the right-of-way. Council directed staff to inspect the site to determine if there is a violation. Representatives of the Fairway Hills neighborhood discussed flood issues with the Council and Public Works Director Colbert. Bill Henning, Wilderness Curve, expressed concern regarding the speed of traffic in his neighborhood and requested a pedestrian light be installed at the intersection of Pilot Knob Road and Wilderness Run. Director Colbert explained that would be an issue to take up with the County. The Listening Session was adjourned at 6:15 p.m. Date Deputy City Clerk MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL TUESDAY, AUGUST 12, 2001 COMMUNITY ROOM 4:30 P.M. Present: Mayor Awada, Councilmembers Carlson, Fields and Tilley, City Administrator Hedges, Assistant City Administrator Verbrugge, Director of Administrative Services VanOverbeke, Senior Planner Ridley, Parks and Recreation Director Vraa, Police Chief Therkelsen, and Intern to the Administrator Lord. Councilmember Bakken was absent due to a required out of state military training. ROLL CALL & AGENDA ADOPTION Councilmember Carlson moved, Councilmember Fields seconded a motion to adopt the agenda as presented, with the addition to discuss Betty Allen's easement. Aye: 3 (Councilmember Tilley was not yet present) Nay: 0 VISITORS TO BE HEARD Mayor Awada welcomed Bette Fette, treasurer of the Eagan Charter Commission to address the Council. Ms. Fette explained that she is in the process of obtaining a federal identification number for the Charter Commission and would like the City to provide the Charter Commission with a mailbox at City Hall. Mayor Awada noted that the City has not provided mailboxes to any private organization. Ms. Fette stated her belief that the Charter Commission is an entity of the City. Mayor Awada, with the agreement of the Council, stated that the Charter Commission is not an entity of the City, and therefore the Commission would be treated like all other private organizations and would not be given a mailbox at City Hall. Additionally, Ms. Fette requested that the City release the $1,500 dollars that the City was instructed to give to the Commission. City Administrator Hedges stated that since the Charter Commission has appointed officers, the issuance of the $1,500 should be granted. The City Council agreed. Ms. Fette concluded by stating that the Charter Commission would like to have members of the City Council speak at an upcoming Charter Commission meeting in order to provide background on the City of Eagan. DAHLINE PROPERTY/WETLAND CEDAR GROVE TIF DISTRICT Dori s Dahline, who resides at 3830 Alder Lane, addressed the Council to discuss the Cedar Grove Redevelopment Plans. Ms. Dahline stated her concern that the TIF district being proposed by the City includes her property and she does not want a road to be constructed through the wetlands on her property. Assistant City Administrator Verbrugge responded to Ms. Dahline's concerns by stating that the TIF boundaries follow parcel lines, and not roads. Mr. Verbrugge, at the request of Mayor Awada, also stated that at this time there are no plans for a road to be constructed through Ms. Dahline's r ~ property. Councilmember Carlson added that there are numerous Federal laws that protect wetlands, and she does not want to see any wetlands destroyed. Assistant City Administrator Verbrugge stated any proposed development must go through the development review process. Ms. Dahline concluded with a presentation to the Council emphasizing the importance of the wetlands, and requested that the Council take into consideration the environmental effects of the redevelopment proposals. JIM OBERG/SOUTHEAST INDUSTRIAL City Administrator Hedges stated that Councilmembers Carlson and Fields requested that Jim Oberg be placed on the agenda in order to discuss the property at Red Pine (Biscayne Ave.) and Highway 3. Mr. Oberg was accompanied by Mike Nikas, who owns an Eagan trucking business and is interested in purchasing Mr. Oberg's property. Mr. Nikas submitted architectural drawings of the facility he would like to build on Mr. Oberg's property. The Council informally spoke of the options for Mr. Nikas. Senior Planner Ridley informed the Council that the planning Commission recently deliberated about Mr. Oberg's property, and will soon be bringing a recommendation to the City Council. REVIEW CEDAR GROVE REDEVELOPMENT A. Redevelopment Policy Review City Administrator Hedges stated that as the Cedar Grove Redevelopment continues, land use issues are likely to arise. Assistant City Administrator Verbrugge stated the concern that some residents and business owners within the Cedar Grove redevelopment area are interested in reinvesting in their property even though their property is planned to be redeveloped. Mr. Verbrugge asked the Council for direction as to how they want to approach protecting the integrity of the current property within the redevelopment area. He provided three options: (1)enact a moratorium for an initial 18 months (with an additional 12 month extension allowable by statute, if deemed necessary); (2) amend the Comprehensive Guide; and (3) condemnation of property. Mr. Verbrugge stated that the Cedar Grove redevelopment area is currently listed as "special area" according the Comprehensive Guide, which means that the City can put a plan together detailing the future use of the special area. The Council all voiced their support to create a plan for the special area. Councilmember Carlson stated that it may not be wise for businesses to reinvest in their property, and business owners in Cedar Grove now expect the area to be revitalized. Mayor Awada agreed. Mayor Awada opened the floor for public discussion. Mr. Steve Wallick, who resides at 2089 Carnelian Lane, inquired as to why the proposed TIF district boundaries are different from the originally proposed redevelopment plan. Assistant City Administrator Verbrugge explained that the boundary differences are result of the evolution of the redevelopment process, and noted that the proposed TIF district boundaries encompass a smaller area than the original redevelopment project boundaries. Mr. Wallick inquired about the financial feasibility of some of the property included in the proposed TIF to district. Mayor Awada stated that some financially infeasible property is included in the proposed TIF district due to requirements that property within a TIF district must be contiguous. Councilmember Carlson added that once a TIF District has been established, the boundaries can no longer be changed. Assistant City Administrator Verbrugge stated that the final TIF plans would be prepared for the August 21 City Council meeting. In response to Mr. Wallick, Mayor Awada stated that the property the City purchases will be sold to developers, and therefore, the City will only own the property during the transition of ownership. Mr. Wallick also inquired about the Village Plan that was originally proposed for Cedar Grove. Mayor Awada stated that the Village Plan is very much in tact, with the exception of the greenway proposal. Assistant City Administrator Verbrugge stated that Ehlers and Associates will be present at the Tuesday, August 21 Council meeting, at which time further questions regarding the specificity of the plan could be discussed. Ms. Marilyn Michael addressed the Council on behalf of Patricia Vogelpohl, an Eagan resident who lives North of Highway 13 within the proposed Cedar Grove TIF district. Ms. Michael told the Council that Ms. Vogelpohl plans to develop her property approximately a year from now. Ms. Michael requested that Ms. Vogelpohl's property be taken out of the TIF district. Mayor Awada told Ms. Michael that Ms. Vogelpohl is better off being included in the TIF district, and that she should submit a development proposal. Mayor Awada stated that development needs to occur since it is a TIF district. Mayor Awada and Council agreed not to take Ms. Vogelpohl's property out of the TIF district. Ms. Doris Dahline addressed the Council to inquire about why Cedarvale Lanes and Jenson's Super Club are being "left alone." Mayor Awada stated that both Jenson's and Cedarvale Lanes are included in the TIF district. Ms. Dahline also voiced her concern over the inclusion of a fountain in the Cedar Grove streetscape plan. Assistant City Administrator Verbrugge stated that a design for such a fountain has not yet been drafted. Ms. Dahline also stated her disapproval of the City's talks of changing the name of Beau D'Rue Drive. An unidentified audience member stated to the Council that the City should look at pollution on the Goodyear site due to an old sewer plant that used to occupy the property. Assistant City Administrator Verbrugge stated that a pollution study has not been conducted on the property. Mayor Awada moved, Councilmember Fields seconded a motion to direct staff to prepare a Comprehensive Guide amendment to include the Redevelopment Land Use Goals for the Cedar Grove Redevelopment Area. Aye: 4 Nay: 0 B. MVTA-TEA 21 Grant Assistant City Administrator Verbrugge distributed a letter to the Council from the Minnesota Valley Transit Authority (MVTA). Mr. Verbrugge said that the City's MVTA 2 F, i grant process is moving along, and that a request for Council support for the MVTA-TEA 21 Grant will be on the consent agenda at the August 21 meeting. COMMUNITY CENTER TIMELINE City Administrator Hedges told the Council that City staff met with architects last week. Parks and Recreation Director Vraa informed the Council that due to grading, the City is six to eight weeks behind the schedule they initially proposed. The Council and Mr. Vraa discussed the timeline for completing the various stages of the Community Center construction. Mayor Awada inquired about starting construction in the winter months, and suggested that waiting until Spring 2002 would avoid winter costs and allow for better planning opportunities. Parks and Recreation Director Vraa stated that if construction begins in Spring 2002, the Community Center could be complete by December 2002. It was the consensus of the Council to wait to begin construction until Spring 2002. City Administrator Hedges concluded the discussion by telling the Council that the Community Center Partnership Committee decided how to split their responsibilities with the Operation Committee, and added that all Committee members will be contacted by staff regarding the dates and times of their upcoming meetings. IMAGE AND CONCEPT FOR BAND SHELL City Administrator Hedges introduced Quinn Hutson, an architect from CNH and an Eagan Rotary Club member. Mr. Hudson presented a power point presentation on the band shell design that will be located in Central Park. Councilmember Carlson asked that an announcement board of some kind be added to the design. The Council directed Mr. Hudson to take the next step, which is to turn the design over to the construction manager. CLARIFICATION OF MASSAGE THERAPY ORDINANCE AMENDMENT City Administrator Hedges introduced the agenda item by stating that at the July 17 City Council meeting the City Council approved a massage therapy ordinance amendment to allow off-site permits. Director of Administrative Services VanOverbeke requested clarification from the Council on the ordinance amendment. Mr. VanOverbeke briefed the Council on the suggestions from the staff as to minor changes in the ordinance. The Council agreed with the staffs' suggestions. Mr. VanOverbeke stated that the changes to the amended ordinance will be included on the consent agenda at the August 21 meeting. REVIEW OF SIGN ORDINANCE City Administrator Hedges stated that the sign sub-committee of the City Council, which includes Councilmembers Carlson and Fields, met on July 27 to discuss changes to the sign ordinance. The Council discussed the changed ordinance, specifically regarding how the ordinance would affect signs on private and public property, specified setbacks, enforcement of both City and County roads, and the training that will be necessary for political candidates should the changed sign ordinance be put into effect. The Council 14- i agreed that the ordinance should specify that the prohibited public right-of-ways mentioned in the ordinance should read "city public right-of ways." Councilmember Tilley suggested that an educational session on the changed sign ordinance be offered to educate people wanting to place signs in the City. The Council agreed. Councilmember Carlson suggested that a map be created that explains where signs can and cannot be placed. Senior Planner Ridley said that a map will be created. The City Council instructed staff not to enforce the County roads, since the County has their own policy on the placement of signs. The City Council directed Chief Therkelsen to remove any sign that poses a public safety concern. Director of Administrative Services VanOverbeke stated that the changes made to the sign ordinance will be placed on the August 21 City Council agenda, under Public Hearings. 2002 GENERAL FUND BUDGET UPDATE City Administrator Hedges informed the Council that all of the City departments have presented their departmental budgets. A draft budget will be distributed to the City Council for their consideration at the August 28 work session. Mr. Hedges summarized the timetable for the budget process over the next few months. Director of Administrative Services VanOverbeke distributed two handouts to the Council regarding how the State Legislative changes will impact property tax rates, as well as the 2002 net property tax changes. City Administrator Hedges stated that budgetary comparisons between 2000 and 2001 will be very difficult given all of the changes that came out of the Legislature. Additionally, he stated that the impact on Eagan residents is hard to forecast at this point. Mayor Awada asked whether the City will have to raise additional tax money in order to offset the state aid that is being taken away. Councilmember Carlson voiced her concern that it will look like the City is increasing taxes when the reality is that the money is simply coming from local taxes versus state taxes. City Administrator Hedges suggested meeting with Eagan's Legislators to discuss the outcome of the special session and resulting budget implications. Director of Administrative Services VanOverbeke stated that he believes Eagan taxpayers will be better off in 2001 than 2000. Mr. VanOverbeke will obtain further information regarding the effects of the legislative changes and the maximum levy amount that the City can set. He will present his findings at the August 28 work session. OTHER BUSINESS At the request of Councilmembers Fields and Carlson, a discussion amongst the Council took place regarding the property of Betty Allen. Councilmember Fields stated that many large oak trees were destroyed on Ms. Allen's property, and construction trucks are not using the accesses that they agreed upon at the beginning of the development process. The Council discussed the vacating of the easement, barricades on the property, restitution, and whether or not to grant utilities. City Administrator Hedges told the Council that he would contact City Attorney Dougherty to discuss the options the City has. Hedges also stated that Public Works Director Colbert contacted Royal Oaks Developers as well as the City of Inver Grove Heights regarding Ms. Allen's property to voice his disapproval of how the construction traffic is being routed. ADJOURNMENT The meeting adjourned at 9:30 p.m. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122,651-681-4600, (TDD phone: 651-454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. I Agenda Information Memo August 21, 2001 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Clerical Tech III/Engineering-- ACTION TO BE CONSIDERED: To accept the resignation of Lisa Larson, Clerical Tech III in Engineering. Item 2. Resignation/Police Officer-- ACTION TO BE CONSIDERED: To accept the resignation of Eagan Police Officer, Nathan Taarud. Item 3. Temporary Engineering Intern/Engineering-- ACTION TO BE CONSIDERED: To approve the hiring of Brian Connolly as a temporary intern for the Engineering Department. Item 4. Seasonal Park Attendant/Maintenance-- ACTION TO BE CONSIDERED: To approve the hiring of Kali Ruth Martin as a seasonal park attendant for the Maintenance Facility. Item 5. Part-time Seasonal Guest Services Worker/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Julie Mattson and Haley Margaret Leonard as part-time seasonal guest services workers at Cascade Bay. Item 6. Maintenance Supervisor Callout Compensation- ACTION TO BE CONSIDERED: To approve the payment of one hour at straight time for each after hours emergency callout for maintenance supervisors and one hour at straight time for each emergency callout hour worked in excess of the first two hours, not to exceed total pay for five hours for any callout. FACTS: • Maintenance works receive pay of time and one-half for each hour they work for after hours emergency callouts. t7 r ~ Agenda Information Memo August 21, 2001, Eagan City Council C. FINAL SUBDIVISION (PINETREE PASS 7TH ADDITION)- LUNDGREN BROS. CONSTRUCTION, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Pinetree Pass 7TH Addition) to create 13 single family lots on approximately 5.28 acres located in the NE'/a of Section 33. FACTS: • The Council approved the preliminary subdivision of December 16, 1997. • All necessary documents have been received and are in order for execution at the regular meeting of the City Council on August 21, 2001. ATTACHMENTS: Final Plat, page 496 . • Maintenance supervisors are also required to respond to after hours emergency callouts, but they have received no extra compensation for such hours worked. • Emergency after hours callouts interrupt maintenance supervisors' personal time and activities. • Therefore, the City Administrator and Department Heads are recommending that they receive some extra compensation as described above. I O_ ,,ilial N ee ~ 3 ~ ~ I 1111gb IN c1_1 Vill vi- C3 _ V It A 11Y'f9 (e~0e eew~ is~0 R •r I ;r (a W g ' W a •r~~~g ~ vJ q t•e° eri~ C A f 4 ~ea~1 p vIB1C 04 s /+g~ nj I I>> 1 I I \ Ats 'k X G~ ~ r ~'3 11 I I I I I ~J U_j r/~ ' y rid 1-4~~~ a►~-~:~j~==- S 1 •~I I ! l,e I I I I i Vv ! rg ~ is I b 1 I e I I~ I W/ ~s i t I I I A I a r II r'e II I~ i _j L-10" ` _ a 4.R "%,NUmy ",ewessn mmum / L'~n-aw O L tvv.ir3 I - - - 3-J21C 33.^.Rlel"IYY„ - - - - ~/ILJ ~'MMI w. !sera ~Mea i •e•~ ti 1M'L1r1~~M{ wV ••~V Me•NM~/~M Agenda Information Memo August 21, 2001, Eagan City Council D. FINAL SUBDIVISION (PINETREE PASS 8TH ADDITION)- LUNDGREN BROS. CONSTRUCTION, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Pinetree Pass 7TH Addition) to create 16 single family lots on approximately 7.13 acres located in the NE '/4 of Section 33. FACTS: • The Council approved the preliminary subdivision of December 16, 1997. • All necessary documents have been received and are in order for execution at the regular meeting of the City Council on August 21, 2001. ATTACHMENTS: Final Plat, pageQA ~.j r ~ r a ri*a M«i ~/Y • pp~~ ~ wa a. aw.rW was 0 i mil ti 1 i 1 L" ti • i, d 1 ~a o i h J i a M .2 u n\ q riwc e~ loan CW%M O Dm Oj swo:+w..,wi 1 ~►s+.ooM +oaoo. ~w are v i t" Bt • - - t~sh _ - r ♦ 1\♦ v ~ • • I _ ~p~ - ~7-41fA Oer D.MrYO~_~ i 101UO ~ 7~1 lr7 It CNI CP) d ~ Ls W N + - I IS w 03 W ~ 1 s 1 C- 1 1 «~_--J ' ON fi t„ P:E _ Agenda Information Memo August 21, 2001 Eagan City Council Meeting E. ADOPT FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION FOR DENIAL OF CONDITIONAL USE PERMIT - ADAMS OUTDOOR ACTION TO BE CONSIDERED: ➢ To adopt Findings of Fact, Conclusions and Resolution for Denial of a Conditional Use Permit for Adams Outdoor to erect a 756 square foot (378 square feet per sign face) off-premise sign upon Canadian Pacific Railway property located south of TH 55 between I-35E and Lexington Avenue in the northwest %4 of Section 2. FACTS: ➢ At their regular meeting on August 7, 2001, the City Council denied the CUP request by Adams Outdoor Advertising (AOA) to construct a two-sided, 756 SF (378 SF/side) off-premise sign on Canadian Pacific Railroad right-of-way. ➢ AOA has submitted a letter seeking to amend their application prior to Council action on the Findings of Fact. However, because the Public Hearing has been held at the APC and the Council has taken action, any revised or amended application would need to be considered a new application subject to the development review process. ➢ In preparing the Findings of Fact document, the City Attorney noted that the Sign Ordinance stipulates that off-premise signs shall only be allowed on properties zoned for business or industrial use (right-of-way is not zoned) and, further, that signs cannot be located within 10' of any street, highway, or railroad right-of-way. This certainly impacts the present application and staff will need to review the ramifications on previous approvals granted for applications with similar characteristics. Staff will report to the Council on this issue at a later date. ATTACHMENTS: (5) Findings of Fact, Conclusions and Resolution for Denial, pagd~ throughoao . Adams letter, page, . BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Adams Outdoor FINDINGS OF FACT, Advertising for Conditional Use Permit CONCLUSIONS AND to erect an off-premise sign RESOLUTION This matter came before the Eagan City Council at its meeting of August 7, 2001. The Council received and considered the July 17, 2001, Planning Report; input from City staff, minutes of the public hearing held by the Advisory Planning Commission on July 24, 2001; evidence from the neighboring property owner, together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input that was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Adams Outdoor Advertising (the "Applicant") submitted an application for a Conditional Use Permit to erect a two-sided 756 square foot off-premise sign, to be located on existing railroad right-of-way lying south of Trunk Highway 55, and between 1-35E and Lexington Avenue in the northwest quarter of Section 2 (the "Property"). 2. The Property is presently owned by the Canadian Pacific Railway Company. 3. The proposed sign would be located in the right-of-way south of the existing rail tracks. 4. The Property is designated as a railroad right-of-way on the City's official map, and thus does not have a zoning designation. 5. The City Code prohibits the location of signs being nearer than ten feet (10') from any railroad right-of-way. i 6. The Applicant's proposal would increase the total number of off-premise signs within the City from 11 to 12. 7. The Applicant's proposal would increase the total square footage of off-premise signage within the City from 8,086 to 8,842 square feet. 8. The Applicant's proposal would increase the number of sign surfaces in the City, from 21 to 23. 9. The Applicant offered no evidence or testimony of its intention to reduce the total number of signs, square footage or surface areas as provided for an permitted in the City under Table A of Section 4.20, Subd. 4 of the City Code. 10. The Applicant's proposal exceeds by 422 square feet the maximum square footage of any individual sign allowed under the City Code. 11. The Advisory Planning Commission recommended approval of the Conditional Use Permit upon a condition that the Applicant reduce the amount of off-premise signs, sign faces and sign square footage elsewhere, so that there is no city-wide increase as a result of constructing the proposed sign. CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. 2. Section 11.40, Subd. 4 of the Eagan City Code sets forth standards to be met by the applicant in connection with the issuance of a conditional use permit. 3. Section 4.20, Subd. 4 of the Eagan City Code provides the required conditions to be met by the Applicant in connection with the issuance of a conditional use permit for new off- premise sign. 4. The erection of a new sign by the Applicant would increase the number of signs beyond the permitted number of signs set forth in Section 4.20, Subd. 4(b)(1). a~- P 5. The erection of a new sign totaling 756 square feet would increase the total square footage of all signs in the City beyond the number of total square feet permitted under Section 4.20, Subd. 4(b)(2) of the Eagan City Code. 6. The erection of a two-sided off-premise sign would increase the total number of sign surfaces beyond the number of surfaces permitted under Section 4.20, Subd. 4(b)(3) of the Eagan City Code. 7. The Applicant's proposal does not reduce the total number of signs, square footage or surface areas required under the City Code as a condition to the issuance of a new off- premise sign. 8. The goal of the existing off-premise sign ordinance is to reduce the total number of signs, sign faces and square footage of signage within the City as development occurs. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Conditional Use Permit to erect a two-sided 756 square foot, 40-foot high off-premise sign on the Property is hereby denied. Dated at Eagan, Minnesota this day of , 2001. CITY OF EAGAN By: Patricia E. Awada Its: Mayor By: Mira McGarvey Its: Deputy Clerk o~P August 8, 2001 Mr. Mike Ridley Senior Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Relocation of Adams Outdoor Advertising sign Dear Mr. Ridley: Thank you for hearing our position on the Conditional Use Permit for relocating the sign at the August 7 h City Council meeting. After careful review of the wishes of the City Council and comments made by the City Attorney, Adams would like to amend the application prior to the City Council voting on the findings of fact. Adams proposes eliminating one sign face and reducing the size by 84 square feet. This would make the application a single faced sign at 672 square feet, conforming to all of the requirements made for relocation by appeasing two of the code criteria when only one is required. We appreciate the opportunity to amend our application. (copy attached) We remain committed to work in harmony with the City of Eagan and look forward to approval of these revisions. 17; ly, ~ n~ '64 "t'. 44',' Robert A. Graiziger John P. Bodger I AUG 9 2001 RV _ ADAMS OUTDOOR ADVERTISING 4300 BAKER ROAD, MINNETONKA, MINNESOTA $3343 TEL: 952.936.9567 FAX: 932.936.9605 ■WW.ADAMSOUTDOOR.COM a7 ~I Agenda Information Memo August 21, 2001 Eagan City Council Meeting F. APPROVE CONTRACT WITH SABONGI CONSULTING GROUP FOR PREPARATION OF CONSTRUCTION DOCUMENTS FOR MOONSHINE PARK RETREAT CENTER ACTION TO BE CONSIDERED: To approve a contract with Sabongi Consulting Group Inc. to prepare construction documents for remodeling the City owned house in Moonshine Park, and authorize staff to sign appropriate documents. FACTS: • The City Council, at the request of the Park Advisory Commission, has previously approved the master plan of Moonshine Park, which included remodeling of the house for future use as a retreat center. • Use of the house as a retreat center is consistent with the approved master plan for Moonshine Park. • The Sabongi Consulting Group Inc. completed the original structural analysis of the house. • The contract amount shall not exceed $8,550. Staff expects to reduce this cost by utilizing in-house services for several specific tasks. • The approved Capital Improvement Plan authorized the expenditure of funds from the Park Site Fund for the project. • Work on the house is expected to begin in the Spring of 2002. ATTACHMENTS: • None a~ Agenda Information Memo August 21, 2001 G. CONTRACT 99-14, STREET & UTILITY IMPROVEMENTS TH 55 SOUTH FRONTAGE ROAD/LOUIS LANE ACTION TO BE CONSIDERED: Approve the final payment for Contract 99-14 (TH 55 South Frontage Road/Louis Lane - Street and Utility Improvements) in the amount of $87,074.92 to Brown & Cris, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 99-14 provided for the upgrade of the frontage road along the south side of State Trunk Highway 55, east of TH 149, including access management improvements, and the new street construction of Louis Lane between TH 55 and Chapel Lane. Sanitary sewer lift station and force main improvements were included, as well as utility service installations and utility relocations. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. a~ Agenda Information Memo August 21, 2001 Eagan City Council Meeting H. CONTRACT 01-08, WELL #20 ACTION TO BE CONSIDERED: Authorize a new bid letting date for 11:00 a.m. August 31, 2001 for Contract 01-08 (Well #20). FACTS: • Contract 01-08 provides for the drilling and development of Well #20 to be located within the new Central Park. Originally, the Council had authorized the advertisement for a bid letting date to be held on August 10. However, the required publication in the trade journal (Construction Bulletin) was never processed and printed by them as required by State statutes. Therefore, it is necessary to reschedule the bid opening date to August 31. i Agenda Information Memo August 21, 2001 Eagan City Council Meeting 1. CONTRACT 01-15 JULY 2000 STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Authorize a new bid letting date for 10:30 am, Tuesday, August 28, 2001, for Contract 01-15 (July 2000 Storm Mitigation Improvements). FACTS: • Contract 01-15 is the 4'h in a series of contracts providing for storm mitigation improvements to address the floods from the July 2000 Super Storm event. Due to the complexity of acquiring easements from non-flood impacted property owners at no cost, the City has not been able to award the previous related contracts (01-12,13,14) immediately after the scheduled competitive bid opening date. • On July 17, 2001, the Council approved the plans and authorized the advertisement for a competitive bid opening to be held at 10:30 a.m. on Thursday, August 16. • The acquisition of the necessary easements for Contract 01-15 is progressing at a similar rate. It would be beneficial to the contractor to allow more time to review the plans while the staff continues with the easement negotiations in hopes of obtaining better bid prices. Therefore it is suggested that the Council authorize a new bid letting date of August 28. 3l Agenda Information Memo August 21, 2001 Eagan City Council Meeting J. CONTRACT 01-06, BLUE GENTIAN ROAD (STREET & UTILITIES) ACTION TO BE CONSIDERED: Receive the bids for Contract 01-06 (Blue Gentian Road - Street and Utility Improvements) and one of the following options: 1) Award the contract to Danner Inc., for the Base Bid in the amount of $290,325.00, and authorize the Mayor and Clerk to sign all related documents; or, 2) Continue consideration of contract award to Sept. 4, 2001. FACTS: • Contract 01-06 provides for the extension and completion of the realignment of Blue Gentian Road from Blue Water Road to Hwy 55 at Lexington Avenue. This is a Municipal State Aid Street (MSAS) and is eligible for construction funding through the gas tax program. As such, it must receive MnDOT approval before the Council can award the contract. • The original design provides for the realignment of the current approach of Blue Gentian Circle (gravel road access for the existing residential properties). This realignment as proposed does not meet the needs and concerns of either Dakota County (Lexington Avenue = County Road 43) or MnDOT due to the impact that the additional traffic would have on the signal operation system. As such, they are unable to process the necessary approvals and permits needed by the State Aid Division. • The completion of the extension and realignment of Blue Gentian Road is needed for the Spectrum Commerce Center access that is currently under construction with a scheduled completion date of November 15, 2001. • As a result of a mutli-agency meeting to address this issue, a compromise was reached providing for a temporary connection of the new Blue Gentian Road to the current Blue Gentian Circle approach and then restricting this local street approach at Hwy 55/Lexington Avenue to right-in, right-out and left-in movements only until plans can be prepared for the reconstruction of the whole intersection. This temporary restriction will be in place for approximately 12 - 24 months. Blue Gentian Circle and the developing Business Park traffic will still have full access to all directions via Blue Water Road to Hwy 55 and/or Blue Gentian Road to Hwy 149. • At 11:00 a.m. on August 2, 2001, formal bids were received for this project. A copy of the bid recommendation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic. The low bid from Danner Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUES: • Staff will update the Council on the status of State Aid approval prior to the City Council meeting to provide clarification for the action to be taken. The low bid is considerably lower than the feasibility report and engineer's estimates due to the developer's contractor completing a significant portion of the grading anticipated for the construction of Contract 01-06. A letter will be sent to the Blue Gentian Circle residents explaining the temporary traffic restriction. ATTACHMENTS: • Bid Summary, page. 3a BID SUMMARY Blue Gentian Road - City Project No. 809 Street and Utility Improvements City Contract No. 01-06 Bid Date: Thursday, August 2, 2001 Bid Time: 11:00 a.m. Contractors Total Base Bid 1.) Danner, Inc. $ 290,325.00 2.) Max Steininger, Inc. $ 428,904.23 3.) Valley Paving $ 667,858.80 Blue Gentian Road - Project 809 Low Bid $ 290,325 Feasibility Report Estimate $ 444,130 Percent Under Estimate -34.6% Engineer's Estimate $ 447,028 Percent Under Estimate -35.0% /912 o o Agenda Information Memo August 21, 2001 K. PROJECT 748, JOHNNY CAKE RIDGE ROAD FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 748 (Johnny Cake Ridge Road - Utility and Street Installation) and schedule a public hearing to be held on September 17, 2001. FACTS: • Project 748 provided for the installation of streets and utilities for the new construction of Johnny Cake Ridge Road in conjunction with the development of Oakbrooke, Oakbrooke 3Td Addition, and Oakbrooke 4`h Addition (SW'/a of Section 21). • This project, constructed under Contract 99-05, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ATTACHMENTS: 2 • Final Assessment Information, page Js . i _ FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - Project 748 ASSESSMENT - September 17, 2001 NAME - Johnny Cake Ridge Road F*1PROVEMENT- December 15, 1998 Utility and Street Installation IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasibhty Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY STORM SEWER SEWER ❑ Trunk ❑ Trunk 0 Lateral 679.44 776.57 /Lot 0 Lateral Oakbrooke Properties 997.35 867.99 Lot ❑ Service Properties South of Diffley .087 .076 Sa Ft ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral 0 Johnny Cake 900.04 887.58 /Lot ❑ Service 0 Turn Lanes 277.99 133.93 /Lot 0 Lat. Benefit/trunk 353.41 24.86 /Lot ❑ WAC ❑ CA Equiv. 0 Trail/Sidewalk 84.41 64.54 /Lot SERVICE PAIRS STREET LIGHTS 0 Water and Sanitary 0 Installation N/A 115.57 /Lot Sewer 64.64 95.64 /Lot ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $1,130,965 F.R. $564,125 F.R. 99-05 171 15 Years 7.00% $1,138,934.69 $410,994.44 COMMENTS: 357 Agenda Information Memo August 21, 2001 L. LEXINGTON POINTE FOURTEENTH ADDITION (LOT 13, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on September 17, 2001. FACTS: • On July 29, 2001, City staff received a letter from Ken Bergman, representing Thorson Properties Inc., requesting the vacation of a portion of the existing drainage and utility easement on Lot 13, Block 1, Lexington Pointe Fourteenth Addition (4350 Jessica Court). • The easement was originally dedicated to the City as part of the Lexington Pointe Fourteenth Addition for drainage and utility purposes. The side-lot easement is a standard plat dedication to accommodate site drainage and possible future utility uses. • The purpose of the request is to allow Mr. Bergman to construct a retaining wall against the existing garage on Lot 13. The configuration of the proposed retaining wall would encroach upon some of the existing drainage and utility easement. • The request would vacate only the portion of the existing easement needed for the proposed retaining wall. City staff have been consulted, and determined that the site drainage will not be adversely affected by the proposed retaining wall. • Notices will be published in the legal papers and sent to all potentially affected or interested utilities for comment prior to the scheduled public hearing. ATTACHMENTS: • Easement Vacation Exhibit, page 3_7 . • Request Letter & Legal Description, page ?JF~ . a BENCH ,!G J~ HSEC J MARK E49P4 as. EASEMENT AREA TO BE VACATED \ \ PR 29023 0 0 C1~ 963.5 9 I I ICH MARK t7 ! 1 i 963.5 61 DO vaF9ai6 I ~~O`1~jE. I 963.5 ! 3 9 .o I ANT) M ~ 1 0,* O I 96F s 06 b 1 - o0 ES O 0 O POND JP 50 d NWL-963.6 0 a L-- 79.7 x I HWL-968.0 Z C - - -o - EDSE ~ POND ---1-~- 981.0 979.7 I I 00 N89'59'17E 0) 1 I Q `L Lot V 963.5 70.21 C q4 l0 i In 1969.10 ~-~-3 , i 965.3 < X 966.2 p I ~a 1 zl ~W 1 971.7 1 I . y 967.8 Z s I x g 1 1 971.0 1 LS8959 17 W _ 59.00 X9732 ----•r ~ I N 1 X967.7 1 25 I X974.0 I G: ASSESSMENTS/EXHIBITS/742AS5_SUMMARY.dwg ~5 Proposed Easement Vacation Fig. Lot 13, Block 1 7-30-01 City of Eagan Lexington Point 14th Add. 3-7 7/27/2001 To: City of Eagan Re: Letter of Justification to Vacate Easement With regards to the petition to vacate the easement form for Lot 13, Block 1, Lexington Point Fourteenth Addition (4350 Jessica Court), here is the required information supporting points 2 and 4. Legal description of the property to be vacated Commencing at the most northerly corner of said Lot 13, Block 1, Lexington Point Fourteenth Add., thence southeasterly along the northeasterly of said Lot 13 a distance of 60.00 feet, thence right 90 degrees a distance of 1.00 foot the point of beginning, thence continuing along said line a distance of 4.00 feet, thence left 90 degrees a distance of 35 feet, thence left 90 degrees a distance of 4.00 feet, thence left 90 degrees to the point of the beginning. Letter Justifying the Request A retaining wall is required on the northern side of the lot against the garage due to the drop in grade from the garage to the lot line. The retaining wall will be two-tiered. In order to make the retaining wall structurally sound, the wall will need to be about 11 feet wide and about 35 feet long. The City Engineering office has been consulted and after a site visit, has determined that the drainage will not be affected. The neighbor next to the retaining wall is aware that a retaining wall will be installed. Thanks for your consideration. Ken Ber man 976 Coneflower Ct Eagan, MN 55123 HP: 651-454-4798 WP: 651-687-5984 i Agenda Information Memo August 21, 2001 Eagan City Council Meeting M. APPROVE 7-1-01 TO 6-30-02 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for the period 7-1-01 to 6-30-02. FACTS: • The City has received information for the general insurance coverages. The renewal proposed has been assembled through the efforts of Pat Meger of Arthur J. Gallagher & Co., the City's insurance representative. • General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk exposure. • Official quotations were not solicited, but other markets have been reviewed through the years. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only the quote from the LMCIT to present to the City Council for consideration. • The comparative premium summary by coverage type is as follows: Increase Coverage 2000/2001 2001/2002 Amount Percent LMCIT Property $ 58,848 $ 69,808 $ 10,960 18.6% Municipal Liability 147,217 162,038 14,821 10.1% Auto Liability 25,839 31,028 5,189 20.1% Auto Physical Damage 16,905 18,789 1,884 11.1% Petrofund 780 725 (55) -7.1% Open Meeting Law 3,060 2,883 (177) -5.8% Employee Dishonesty 1,235 1,216 (19) -1.5% Boiler & Machinery 7,997 8,243 246 3.1% 261,881 294,730 32,849 12.5% Other carrier: AD&D Benefit (1) 2,449 2,449 - 0.0% Total premiums $ 264,330 $ 297,179 $ 32,849 12.4% This coverage is for accidental death & dismemberment for the volunteer firefighters. 59 Agenda Information Memo--General Insurance Renewal (cont'd) August 21, 2001 Eagan City Council Meeting • The LMCIT package premium is $32,849 (12.5%) higher than last year due to the following: ➢ The Municipal Liability and Auto Liability coverages, up a total of $20,010, are both impacted by City experience factors. In the current year, the Vincent, EHW, and Yglesias claims adversely affected our experience rating. ➢ $8,902 of the property premium increase results from a higher rate applied by LMCIT to all cities, largely because of the 1998 storm/flood damage state-wide. Agenda Information Memo August 21, 2001 Eagan City Council Meeting N. APPROVE PURCHASE OF CITY HALL SECURITY SYSTEM ACTION TO BE CONSIDERED: To approve the purchase of a security system for City Hall to be financed from the City's General Facilities Renewal and Replacement Account. FACTS: • When the Municipal Center facilities were constructed various levels of security were incorporated into the design of the Police Department while a more open environment was maintained at City Hall. Since that time certain alarm features have been incorporated into City Hall to provide a rapid notice to the Police Department and response to threatening situations. • Although that model has served reasonably well for a period of years, staff has become increasingly concerned both about personal safety (complete strangers and threatening individuals showing up at work stations and/or wondering in the building) and the security of equipment and records located in City Hall, especially given the number of hours that the public has open access to the building. • As a result of those concerns, a group of employees working with representatives from the Police Department has researched various options to increase security at City Hall while maintaining a customer friendly environment. • The recommendations of the group have been presented to Department Heads for consideration. After some modifications and scope reductions the package is being recommended to the City Council for implementation. • The proposed system is a middle of the road approach to increasing safety and security and meets the overall objective of being user friendly to employees and the general public. While the system would record access by proximity card, there are no cameras or more elaborate components being proposed. • The proposed system incorporates a number of programmed locks that would not allow access to certain areas of the building without a proximity card. It also incorporates manual locks that would discourage unauthorized entry into certain areas of the building during regular office hours. • The package of security enhancements would cost approximately $38,000 and staff is suggesting that it be paid for from the City's General Renewal and Replacement Account as a modification to an existing structure. ~l Agenda Information Memo August 21, 2001 Eagan City Council Meeting 0. APPROVE ORDINANCE AMENDMENT - SECTION 6.39 (OFF-SITE MASSAGE THERAPY PERMITS) ACTION TO BE CONSIDERED: To approve ordinance amendment - Section 6.39 (off-site massage therapy permits) and establish a permit application fee of $15. FACTS: • At the July 17, 2001 City Council meeting an ordinance amendment allowing for off-site massage permits was approved. • In putting together an application form staff determined that the ordinance as written probably did not meet the intent of either the City Council or the massage therapists who had requested the change. • Staff meet and has made clarifying recommendations that were discussed with the City Council at the special meeting on August 14, 2001. The clarifications are as follows: 1. Residential property cannot be permitted as an off-site location. 2. A long-term contract can be permitted. 3. Short-term promotional events (not to exceed 7 consecutive days) can be permitted. 4. All off-site permits run concurrent with the message therapist license year. • Staff is recommending a $15 permit application fee. ATTACHMENTS: Attached on pages 70 & rr is a copy of the revised ordinance illustrating the changes from the July 17' amendment. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.39, SUBD. 4(A) REGARDING MASSAGE THERAPY ESTABLISHMENT AND BY ADDING SUBD. 6 REGARDING TEMPORARY OFF-SITE PERMIT; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by changing Section 6.39, Subd. 4(A), to read as follows: A. License required. It is unlawful for any person to operate a massage therapy establishment without a license therefore from the city. It is unlawful for any person to practice therapeutic massage therapy in any place except upon a licensed premises, unless a temporary off-site permit is issued in accordance with the provisions of this Section. Section 2. Eagan City Code Chapter Six is hereby amended by changing Section 6.39, by adding Subd. 6 to Section 6.39 to read as follows: Subd. 6 Temporary off-site permit. A. Notwithstanding the provision regulating a massage therapy establishment license hereunder, a massage therapist licensed by the City may provide massage therapy on non- residential premises other than the licensed premises upon the issuance of a temporary off- site permit by the City Council. An application for a temporary off-site permit, which shall be on a form provided by the City, shall be completed with all information requested thereon and submitted to the City. B. A temporary off-site permit shall be subject to the following requirements: 1. The off-site massage therapy shall be conducted only at the premises under the permit. 2i 3. No mone. th n three (3) permits shall he, issued to the same applica 4.2. The permit shall be subject to all provisions of this Section governing licensed massage therapy establishments and licensed massage therapists. J3 ~ I fi The permit may he issued on!), for- speeial, short-term pr-emetiona 3. The permit may be issued only for short term (not to exceed 7 consecutive days) promotional or contract events. A copy of the contract must be provided at the time of permit application. The permit runs concurrent with the massage therapist license year. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Mira McGarvey By: Patricia E. Awada Its: Deputy Clerk Its: Mayor Date Ordinance Adopted: july 47,2001 , 2001 Date Ordinance Published in the Legal Newspaper: jub, 26,200t , 2001 /414 Agenda Information Memo August 21, 2001 Eagan City Council Meeting P. ORDER REVISION TO "TRIANGLE AREA" AUAR - CITY OF EAGAN ACTION TO BE CONSIDERED: ➢ To authorize a revision to the Alternative Urban Area-wide Review (AUAR) for the "Triangle Area" bounded by I-494, Hwy 55, and Hwy 149. FACTS: ➢ State Statute requires that the AUAR document be reviewed every 5 years or when either a sub area or the collective total of the study area exceeds the assumptions in the base document. This scheduled review would typically be programmed for 2003 ➢ Development assumptions had to be made to ascertain a level of intensity of development to analyze that impact on the existing infrastructure. This assumption of approx. 30-50% Office and 70-50% warehouse was used based on developers proposals and information of the anticipated market demands (in 1998). Subsequently, various mitigative transportation improvements along Hwy 149 and 55 were identified to be phased in concurrent with development. The AUAR was divided into 5 sub areas. ➢ For background purposes, the City processed and approved an AUAR Document that reviewed, analyzed and addressed all the typical environmental issues associated with the anticipated development within the Triangle Area. This relatively new alternative environmental review format was an acceptable method to the more standard, lengthy and involved Environmental Impact Statement (EIS). ➢ This extensive review was required due to the size of the specific proposals for the Grand Oak Business Park and the collective development potential of the Blue Gentian Rd. residential properties, the Imre property, the Spectrum Commerce Center, the redevelopment of the Kolofski's Addition, etc. ➢ As the Council is aware, the Spectrum Commerce Center application for a variance to allow an increase in the number of parking stalls made staff aware of the developers proposal to build out at a development intensity (90/10% Office/Warehouse). This intensity is significantly greater than the AUAR assumptions for that sub-area. The result may have an impact on the transportation system greater than the proposed ~ .I P. mitigative improvements can handle. Subsequently, further review was performed on Grand Oak Business Park development to date, it was discovered that several of their recent and proposed buildings also exceeded the base assumptions. ➢ Therefore it may be necessary for the City to formally "revise" the AUAR document to determine if development restrictions need to be placed on the remaining vacant and/or underdeveloped land to avoid significant environmental impacts. SRF Consulting Group has been retained to revise the traffic study and review the document revision process to facilitate a quick and thorough review that will be acceptable to the Environmental Quality Board (EQB) while minimizing delays to development schedules for current and prospective developers. ➢ Staff has met with both Interstate Partners (Grand Oak Business Park) and Spectrum Business Partners (Spectrum Commerce Center) and informed them of the proposed process. ATTACHMENTS: (1) Map of AUAR area, page. i Eagan Boundary Street Area line Location Map Parcel Area Building Footprint J i I i i Mendota Hei hts t ~+w.w..w.. cz% AUAR a z~ t 4 ' Area 6 4 V a IL p Ell t -sH J w` e _ ,d r• 1000 0 t000 2000 Feet Grand Oak Business Park AUAR Map Prepared using ERSI AmViow 3.1. Parcel be" map data proWded N J' by Dakota County Land Survey Departnnnt and is current as of June 2001. . City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E k! ? h' "J E S C A City of Eagan and Dakota County do not guarantee the accuracy of this Information and are Cerru- d Develepmeat Departramd not responsible for errors or omissions. S 0 I i Agenda Information Memo August 21, 2001 Eagan City Council Meeting Q. APPROVE LETTER OF SUPPORT - MVTA TEA-21 GRANT ACTION TO BE CONSIDERED: To approve a Letter of Support for the MVTA TEA-21 Grant FACTS: ➢ The Minnesota Valley Transit Authority is seeking TEA-21 funding for several projects. One of the projects to be included in the application is the Cedar Grove transit station and park and ride facility. ➢ The City of Eagan is currently working with Shelter Corporation and MVTA to further develop a proposal for redevelopment in the Cedar Grove Redevelopment Area that includes the transit facilities. ➢ The City Council reviewed this issue at its August 14 Special Meeting and directed that the letter be included on the Consent Agenda for official action on August 21. ATTACHMENTS: ➢ Proposed letter of support - pq tc- L}q r city of eagan PAM CIA E AWADA August 22, 2001 Mayor Beverly Miller, Executive Director PAUL BAKKEN Minnesota Valley Transit Authority PEGGY CARL SON 100 East Highway 13 Burnsville, MN 55337 CYNDEE FIELDS MEG TILLEY Council Members Dear Ms. Miller, in official action that was taken by the Eagan City Council on August 21, 2001, the THOMAS HEDGES Council writes this letter in support of Minnesota Valley Transit Authority's TEA-21 City Administrator grant application request for funding related to the proposed Cedar Grove transit station and park and ride facility. Continuing progress in the Cedar Grove Redevelopment Area is one of the City Municipal Center. Council's highest priorities for 2001 and beyond. The inclusion of a transit feature in the Cedar Grove Area was identified as a desirable use in the December 1999 Village Plaza 3830 Pilot Knob Road Redevelopment Concept for the Cedar/13 Area. Support for transit in this area was Eagan, MN 55122-1897 reinforced in February 2001 concept refinements for redevelopment adopted by the City Phone: 651.681.4600 Council. Fax: 651.681.4612 Currently, the City is pursuing development opportunities that will benefit transit in this TDD: 651.454.8535 area and benefit from transit. Enhancement of the Cedar Avenue Corridor from a transit and transportation perspective will continue to be of significant interest to the City as we Maintenance Facility: work with Dakota County and the State of Minnesota to address regional issues. 3501 Coachman Point The Eagan City Council is in full support of your proposal for the Cedar Grove Area and Eagan, MN 55122 your efforts to secure TEA-21 funding. Phone: 651.681.4300 Fax: 651.681.4360 Sincerely, TDD: 651.4 54.8535 www.d"feapn.com Thomas L. Hedges City Administrator THE LONE OAK TREE The symbol of strength and growth in our community I~ ~ i n Agenda Information Memo August 21, 2001 Eagan City Council Meeting R. APPROVE WETLAND CONSERVATION RECOMMENDATIONS ACTION TO BE CONSIDERED: Approve 1) certification of exemptions from replacement of six (6) individual wetland projects associated with flood mitigation; and 2) replace excavation impact of wetland for Fish Lake alum-dosing operation by withdrawing wetland banking credits. FACTS: Flood mitigation • As part of the flood mitigation effort after the 2000 super storm, Engineering is planning to excavate or drain portions of six (6) individual wetlands, which are activities that require consideration for replacement under the Minnesota Wetland Conservation Act (WCA). • The WCA allows for exemption from replacement plans for maintenance, repair, and enhancement of utilities and public works projects provided the impacts have been avoided and minimized to the extent possible and the projects significantly modify or alter less than one-half acre of wetlands. • Each of the six projects impacts less than one-half acre of wetlands. Three of the projects would excavate wetlands, two projects would drain wetlands, and one project would excavate and drain wetlands. In five other wetland basins, the City is developing flood mitigation projects that require protected waters permits from the Minnesota DNR. • Although each of these six exemptions is considered a separate WCA decision, they are herein submitted for consideration as a group for administrative efficiency. • The Advisory Parks Commission will review a motion to recommend the City Council certify that six individual wetland projects associated with flood mitigation are exempt from WCA replacement requirement. Action on this item is expected at the August 20, 2001 Advisory Parks Commission regular meeting. 50 I ~ Fish Lake alum-dosing operation • Fish Lake is one of only six of the City's Class I (highest priority) lakes with potential to support direct contact recreation, such as swimming. • In 1998, the City built an experimental alum-dosing facility between Hurley Lake and Fish Lake as part of a federal-state Clean Water Partnership. The facility adds to a stormwater force main aluminum sulfate (alum), which reacts to form aluminum hydroxide that attracts phosphorus in the stormwater before it enters Fish Lake. The phosphorus is thus unavailable to algae that impair water quality, but the aluminum hydroxide accumulates as sediment in a wetland (JP-47) upstream of the lake. • So much aluminum hydroxide has accumulated in JP-47-especially after 2000 when the City experimentally increased the alum-dose sevenfold that the City did not operate the facility in 2001 because there is minimal accumulation volume remaining. For the City to maintain its highest priority classification of Fish Lake, a long-term strategy is needed to effectively operate and maintain the facility and JP-47. • Consistent with this long-term perspective, City Council reclassified City Pond JP-47 from Class IV (Wildlife Habitat) to Class VI (Sediment Basin) in April 2001. • City Water Resources staff is proposing to improve the sediment-accumulation capabilities of JP-47-which is under WCA jurisdiction-by excavating not only accumulated aluminum hydroxide but also as much additional wetland soil as possible. An estimated 900 cubic yards of material would be excavated from up to 0.92 acres of wetland. • Because WCA rules require replacement of wetland impacts (in this case, excavation) on a 2:1 basis, the City would therefore responsible for up to 1.88 (0.92 acres X 2) acres of wetland mitigation. Because there is no known area in which to create this replacement, the City could withdraw its remaining 1.88 wetland banking credits for this mitigation. On August 7, 2001, the City Council decided to withdraw 1.62 acres its 3.5-acre wetland bank to mitigate for impacts associated with the Central Park project, leaving 1.88 banking acres available for future use. • The Advisory Parks Commission will review a motion to recommend the City Council to replace excavation impact of JP-47 for Fish Lake alum-dosing operation by withdrawing the City's remaining 1.88 acres of wetland banking credits. Action on this item is expected at the August 20, 2001 regular meeting. i Agenda Information Memo August 21, 2001 Eagan City Council Meeting S. NEW TREE CONTRACTOR LICENSE ACTION TO BE CONSIDERED: To approve a new Tree Contractor License for Collins Tree, 7377 154th Street West, Prior Lake, MN. FACTS: ➢ Staff has reviewed the application and deem it acceptable. ATTACHMENTS: None Agenda Information Memo August 21, 2001 T. EAGANDALE CENTER INDUSTRIAL PARK NOS. 3(L 1 & 2, B 4) & 4(L 1-3, B 21 EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on September 17, 2001. FACTS: • On August 1, 2001, City staff received a letter from Thomas Hodorff, Harry S. Johnson Land Surveyors, representing 789 Company, requesting the vacation of the existing drainage and utility easements on Lots 1 and 2, Block 4, Eagandale Center Industrial Park No. 3 and Lots 1, 2 and 3, Block 2, Eagandale Center Industrial Park No. 4 as part of the replatting of these parcels. • The easements were originally dedicated to the City as part of the plats in the Eagandale Center Industrial Park for drainage and utility purposes. These easements were standard plat dedications to accommodate site drainage and possible future utility uses. • The purpose of the request is to allow 789 Company to replat the five parcels into two parcels. The drainage and utility easements will be dedicated along the new lot lines when the parcels are replatted. • The request would vacate the existing easements, avoiding future conflicts with underlying easements. • Notices will be published in the legal papers and sent to all potentially affected or interested utilities for comment prior to the scheduled public hearing. ATTACHMENTS: • Easement Vacation Exhibit, page. • Request Letter, page=. ~3 8-01-201 3: 19PM FROM HARRY S JOHNSON CO 612 884 5344 P.5 X v r+♦,n t Gv n. VL.LV hvnv (\v r\i VI.L.V i\V MW .fit \ • . A A Tf n •.`4411 1VI.I.V f\V!f1 -62, D15S1' E ]0.00 ~ v r.vn 1 ~V DRAINAGE & UITILITY SEMENT n CENTER / PER PLAT. EAGANOAI INDUSTRIAL P K NO. 3 , \ .,T SCALE: 1"= 100' L L~ r AI r - ` I V~ J ~,Illyyy,,, I 1ANfVV^Tl)1 Y~ \ ^-r 41 J. r L.V I 1 J rv, - - 0010001 Im \ oo' L A / /\J I 1 /1T ~ r♦ ♦ F 1 / \ 1 ~l A, 1 I V % CA-3E23'42" !1 301.97 1 W.57000 DRAINAGE & UITILITY EASEMENT PER PLAT. EAGANDALE CENTER ♦ INDUSTRIAL PARK NO. 4 5 \ 1 /1T \ L.V 1 i 1 1 - N 0976 25 W 1213.90 - I .I 1 8-01-201 3:18PM FROM HARRY S JOHNSON CO 612 884 5344 P.2 HARRY S. JOHNSON LAND SURVEYORS J Bruce Allen Engineering Department City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Petition to vacate drainage and'utility easements located in a portion of Eagandale Center Industrial Park No. 3 and Eagandale Center Industrial Park No. 4. Dear Bruce, Representing 789 Company in the replatting process of a parcel of land (Schedule A) in the City of Eagan, we have been requested by the City to submit, a Petition to Vacate, for the vacation of drainage & utility easement found in the referenced parcel. The legal descriptions of easements to be vacated are shown in, Schedule B. Presently the parcel lies in two existing plats, Eagandale Center Industrial Park No. 3 and Eagandale Center Industrial Park No. 4. Our intention is to replat subject property into a single two-lot plat. The proposed plat has been submitted to the City of Eagan planning department and it is our intent to rededicate drainage and utility on the new plat as requested by City. Any questions concerns or additional requests please contact our office. Thank you, Thomas E. Hodorff Harry S. Johnson Co., Inc. 170 West 791" Street Bloomington, MN 55454 tole (952)884-5341 fax (952)884-5344 e-mall: tom(&hsjsurveyors.com I Agenda Information Memo August 21, 2001 PUBLIC HEARING A. YMCA 1st ADDITION (OUTLOT A) EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing and continue consideration of the easement vacation as part of New Business, Item B (YMCA 2nd Addition). FACTS: • On June 28, 2001, City staff received a letter from Diane Trout-Oertel, Oertel Architects, requesting the vacation of the existing drainage and utility easements on Outlot A, YMCA 1st Addition, Southeast of the intersection of Trunk Highway 149 and Opperman Drive. • The easements were dedicated as part of the YMCA 1st Addition plat for drainage and utility purposes. • The purpose of the request is to allow the Eagan YMCA to construct an addition to their day care center. This request is driven by the need to relocate the current utilities on Outlot A in preparation for the construction of the day care addition. • The utility easements will be dedicated in a new configuration when Outlot A and Lot 1, Block 1 of YMCA 1st Addition are replatted as YMCA 2nd Addition. • The request would vacate the existing easements, avoiding future conflicts with underlying easements. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUES: • The required replacement of this utility easement is proposed to be dedicated on the plat of the YMCA 2nd Addition that is scheduled for Council consideration later on this agenda under New Business Item B. It would be more appropriate to include the action approving the vacation of public drainage and utility easements on Outlot A, YMCA 1st Addition as part of the action approving the Final Plat for the 2"d Addition, assuming there are no issues to the contrary for either item. ATTACHMENTS: • Location Map, page. • Legal Description and Graphic, page g ~~P SLUE GE L~Ij - 4 ~ I 35-E I I )LONE OAK ROAD Ell NUN, yyh, I V o z Q IW w IO N oo a q A P c - - , YANKEE DOODLE ROAD a~D no m PROPOS D VACATION O ~R. S WESCOIT ROAD Q J' 7-1 o-oI &VACATIONS/YMCAlst YMCA 1st Addition Fig. City of Eagan Easement Vacation Location Plan .I V c O O O N O T'N O 1 y u o o f fn 0-"0, ~ o E osvc5 - 1 /I e < 0- 0 Uz Y V O N i I .nn < Vp ~ N O N = U IN n 3oa TOL u O N V 0 0 G J 1-~ , V v N r c o°< Tot ti o a o 001 vou, I :31vOS c .0 z T, a o D- o Z o ~G v o2 r uu~ S 2 o v c o ,n ~ 1r 4.0 ~ .s V - T N v V N ` O. L v f. O V C L P V O: N It V~ off,. _ O CO ~O 0U C. LO.VS d O 1 J g of \ 3 V O O N co Iv S ~ 7 "7 a i \ .I 0099 OOtsl / \ - 00'901 -Tom'.'. 01 9S OlZ H1 1Z/ON42.00•.1 3 .69 i5 In O 144 0 C> ol \\A { ~'O z 16 ' ~ ~ ~ ~C', ✓ ✓ o ~ ~ ; rte/ ~ 910. . - 006 Jc-g Agenda Information Memo August 21, 2001 Eagan City Council Meeting PUBLIC HEARINGS CONSIDER ADOPTION OF THE REDEVELOPMENT PLAN FOR THE CEDAR GROVE REDEVELOPMENT AREA, AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1 WITHIN THE CEDAR GROVE REDEVELOPMENT AREA; AND ADOPTING THE TAX INCREMENT FINANCING PLAN THEREFOR ACTION TO BE CONSIDERED: To conduct a public hearing on the Redevelopment Plan for the Cedar Grove Redevelopment Area, the Tax Increment Financing District No. I within the Cedar Grove Redevelopment Area, and the Tax Increment Financing Plan therefor. FACTS: • The City of Eagan has been studying the possibility of redevelopment in the Cedar Grove Redevelopment Area for over two years. • The proposed Tax Increment Financing Redevelopment District will give the City the authority to use the mechanism known as tax increment financing to spur development and reinvestment in the Cedar Grove Redevelopment Area. • The Advisory Planning Commission has had an opportunity to review the draft redevelopment plans, as well as the proposed TIF district and TIF plans, and passed a resolution supporting the plans at its meeting on July 24, 2001. • The Eagan Economic Development Authority similarly has reviewed the plans. A resolution of the EDA was passed on August 7, 2001, supporting the plans. • Sid Inman and Jim Prosser of Ehlers and Associates, the City's project management consultant for the Cedar Grove Redevelopment, will make a brief presentation regarding the proposed Tax Increment Financing Redevelopment District. • Legal notice of the Public Hearing was published on August 4, 2001. Notices were also sent to all property owners within the proposed TIF area and former members of the Cedar/13 Redevelopment Study Task Force. • The review of each parcel for qualification and a detailed review of the impact of the recent changes to the tax increment law have not been completed. • Staff and the consultants are recommending that the public hearing be closed after public input is received and that formal City Council action considering approval of the Redevelopment Plan, the TIF District and TIF Plan be scheduled for the regular City Council meeting on September 17, 2001. • Per the consultants it is fairly typical that the public hearing is held in advance of completing all of the detail work on parcel and district qualification. ATTACHMENTS: • A memo from Ehlers and Associates explaining the current status of the district qualification process and need to separate the public hearing from final approval of the resolutioadopting the redevelopment plan and TIF district is enclosed on pages an• A copy of the public hearing notice is enclosed on page (05 • Correspondence from Mr. Steve Wallick is enclosed on pages through. • Correspondence from Ms. Doris Dahline is enclosed on pages X07 through Due to the length of the following items, they have not been reproduced for inclusion in the packets. They will be placed on the web site as soon as possible. • A Tax Increment Financing District Overview is enclosed without page number. • The Redevelopment Plan for the establishment of the Cedar Grove Redevelopment Project Area is enclosed without page number. • The Tax Increment Financing Plan for the establishment of Tax Increment Financing District No. 1 (a redevelopment district) is enclosed without page number. ~ i n 4y E H LE RS & ASSOCIATES INC z' O To: Tom Hedges, City Administrator M From: Sid Inman, Ehlers & Associates W Jim Prosser, Ehlers & Associates S Subject: Tax Increment District Hearing Issues G Date: August 17, 2001 The public hearing for the establishment of the Cedar Grove Redevelopment Area and Tax Increment Financing District No. 1, within the project area, is scheduled for August 21, 2001. There are two distinct steps that a City needs to take in order to proceed with tax increment projects. The first step is the action taking place on August 21, 2001, which is beginning the process of establishing a tax increment financing district. The purpose of the hearing on August 21, is to receive comments on the Tax Increment Plan in general. In this phase the City Council establishes the geographical boundaries of the District and prepares an estimated plan of finance. During this phase the City does not commit to expend any funds or agree to provide any assistance to developers. The action to approve a tax increment district provides for the option to offer increment if requested and needed to achieve the City's development goals. It would be our experience that more than likely the plan of finance will change and be modified over the term of the district. The second phase, which is not taking place tonight, is where the City contractually agrees with a developer to provide a specific amount of assistance. This process takes place only after a thorough review of a developer's request and after a but-for analysis has been performed. This analysis will be prepared for review prior to execution of a development agreement. There are several issues and recent developments that require consideration as part of the hearing. Those issues include the following: 1. The district qualification inspections have not been completed. The delay is related to several factors including efforts to gain access to buildings for interior inspections. Once the inspections have been completed, an analysis of the inspection data will be conducted by SEH. Ehlers and Steve Rosholt, the City's bond attorney, will be reviewing the analysis to assure that it conforms with recent changes in the tax increment law and the recent court decision relating to district qualifications. We expect that this process will be complete within two to three weeks. LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive 651.697.8503 fax 651.697.8555 Roseville, MN 55113-1105 jim@ehlers-inc.com Cel I Page 2 August 17, 2001 2. After discussions with Steve Rosholt, at the August 21, meeting we recommend opening the public hearing, taking testimony, having discussions about the tax increment financing, and closing the public hearing. We recommend that the City take action at the September 17, 2001, meeting. This will allow for completion of the district qualification criteria and additionally allow time for the staff and consultants to provide answers to any other questions that may come up during the hearing. Technically, the issue of which parcels should be included within the District does not relate to the individual inspection results. The public may appropriately provide many different suggestions regarding parcels to be removed from the District based on factors other than district qualification criteria. The City Council must ultimately make a determination regarding overall district qualification based on the inspection results. 3. Ehlers has reviewed the parcel list and is recommending the deletion of three parcels from the District prior to certification. These parcels are indicated on the map as parcel numbers 10, 11 and 91. This insures that the District is in compliance with actual occupied parcels and is more in keeping with the timing of the proposed projects. Dropping parcels from the District is permitted and not uncommon. Since parcels can be dropped, but not added, it is customary to include some parcels within the Plan that may be eliminated later for a variety of reasons. 4. Changes to the draft plan made as a result of public hearing and technical revisions will be incorporated into a final draft for certification with Dakota County. ~a city of eagan August 9, 2001 PATRICIA E. AWADA Mayor CEDAR GROVE REDEVELOPMENT UPDATE NOTICE OF PUBLIC HEARING PAUL BAKKEN PEGGYCARLSON The Eagan City Council will conduct a Public Hearing on Tuesday, August 21 at 6:30 p.m. in the Council Chambers at City Hall, 3830 Pilot Knob Road. The Public Hearing is CYNDEE FIELDS relating to the proposal of the Eagan Economic Development Authority to adopt the MEG TILLEY Redevelopment Plan for the Cedar Grove Redevelopment Area; to establish Tax Council Members Increment Financing District No. 1 within the Cedar Grove Redevelopment Area, and adopt the Tax Increment Financing (TIF) Plan. THOMAS HEDGES The public notice, including a map of the proposed TIF district, for this hearing appeared cityAamirustrator in the August 4, 2001 issue of Eagan This Week under the Legal Notices on page 34A. Copies of the Plans are on file and available for public inspection at the office of the Assistant City Administrator at City Hall. Municipal Center. If you are unable to attend the Public Hearing and wish to submit comments relating to 3830 Pilot Knob Road the proposed TIF District, please mail, deliver, or e-mail written comments by 4:30 p.m. Eagan. MN 55122-1897 on Tuesday, August 21. Phone: 651.681.4600 Fax: 651.681.4612 By mail or delivery: Jamie Verbrugge, Assistant City Administrator TDD: 651.454.8535 City of Eagan 3830 Pilot Knob Road Maintenance Facility: Eagan, MN 55122 3501 Coachman Point E-mail: Eagan, MN 55122 iverbrugge(&cityofeagan.com Phone: 651.681.4300 Fax: 651.681.4360 The meeting is open to the public. The meeting will also be telecast live on local cable TDD: 651.454.8535 access channel 16. For questions or comments related to the Cedar Grove Redevelopment Area, please wwwdryofeagan.wm contact Assistant City Administrator Jamie Verbrugge at 651-681-4603. i THE LONE OAK TREE The symbol of strength and growth in our cornmunity (~3 8Il Flo I Wb~-dC. ~Ou- pl$QSe ~0-~s `Huts OUt ~'O `Tlh~ COUtACl 1~ w1,s 4 ~iuc,,~ , CouQ~ Le 6 NGl UO, I v~ ~ ~~5~ 2 ('ST T I F PuV~ ~0`1- Stephen w. wauick. AU (651) - 681 - 8181 Ll 11 FORMS Architect ue, Planning, Interior Design 2089 Cmehan lane Eagan, Minnesota 55122 August 15, 2001 Ms. Mayor Awada City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Subject: Cedarvale Redevelopment Dear Mayor: Thank you again for the opportunity to discuss the Cedargrove Redevelopment Plan and TIF Plan at Tuesday's special City Council meeting. The Cedargrove redevelopment project has come a long way in the last four years and it is exciting to be part of the process. Thank you also for your's, the Council's, and City staff's steadfast efforts to promote positive redevelopment policy and procedures for the Cedargrove area. As an architect I understand the purpose of a concept plan or vision for redevelopment. My concern is not for the details of the design at this stage but rather the overall vision presented in the Cedar/13 Task Force report. The 'Village Plaza" design has some critical guidelines on page 4 of the report that I hope are not overlooked or forgotten. They are: "The Cedar/13 area should serve as a landmark entering Eagan... - Something Eagan can be proud of.". "Buildings should be attractive from TH. 13 and TH 77, as well as their primary access.", and "Development should provide an Identifiable "signature" for the Cedar/13 area, either through a signature building, or through cohesive Design of individual buildings." These guidelines point to the importance of each building in the area whether it is new or existing. This cohesiveness should be evident no matter where someone enters the redevelopment area. Not only for the main traffic entries from TH 13 and Nicols Road but also from the neighborhood/pedestrian entries from Rahn Road, Gold Trail, and Silver Bell. There needs to be continuity between the gateways as well as unique features related to each approach. This is the reason I continue to see the need to include the sw comer property at the intersection of Rahn road and Beau D'Rue. As Council member Carlson stated, there is a direct benefit to the owner of a property included in a TIF district by providing financial assistance for site or building improvements. All of the other parcels surrounding intersections in the development area are included in the TIF Plan except this one. Even at last night's meeting the question was not answered. When 1 asked why the comer property was not included the answer quickly jumped to the Highlands apartments. I have nothing against this particular property or it's owner. If it were my property I would be willing to include it in the TIF district. Please include this property in the TIF district. I "Consistent architectural standards for medium to high-density residential should be present." As also mentioned in the special Council meeting is the need for these standards as soon as possible. The redevelopment process is moving at a rapid pace making it difficult at times to keep up with adequate . / 1 communication to the public in a timely manner or submitting incomplete documents during the review process. Since there is already a residential development application in process, 1 agree with Council member Carlson, we need architectural standards to maintain measurable consistent guidelines for the entire redevelopment area. "Landscaping, green space and connections to adjacent park areas are important." There are existing federally recorded wetlands in the Cedargrove Redevelopment area. As your Redevelopment Plan objective no. 2 already states, And with minimal impact on the environment, These areas are critical to managing storm water quantities and water quality within our existing ecosystem. Therefore in the interest of protecting the existing environment, l would like to respectfully request the removal of parcel ID #91 from the Cedargrove Redevelopment Plan unless a condition can be included in the Plan to prohibit any significant alterations to or replacement of existing wetlands on this parcel. "Adequate parking should be integrated within the site (avoid large parking lots)." I understand there is also a proposal to add 125 surface parking spaces between Jensen's and Cedarvale Lanes. I would seriously hope this would only be allowed as an interim use for this land. By adding more parking to this area and creating a large single parking lot, it goes boldly against the Task Force guideline. Both the size of the parking lot and its proximity to the main "gateway" to the redevelopment area seem to not conform to the image originally discussed as a first impression to the area. This is where we want our best design visible. I would like to also request this proposal be given a limit of operation until such need arises to modify it to conform to the surrounding redevelopment standards. Again I know you have many decisions to make and many voices to consider. I hope the thoughts, questions and concerns of many Cedargrove neighbors is listened to and given serious consideration when making your final decision. Thank you. Sincerel , Step en (lick. AIA cc: Council Members, City of Eagan Jamie Verbrugge, City of Eagan File Enclosure 2 tP~ Mayor August 16,2001 The Honorable Patricia Awada City Council Members Paul Bakken Peggy Carlson Cyndee Fields Meg Tilley City Staff Tom Hedges, City Administrator Jamie Verbrugge, Assistant City Administrator Michael Ridley, Senior Planner Dear Mayor, Council Members and Star It surely must be obvious to you, that I am trying to find a way that both you, the City of Eagan, and myself can come out winners in this (from my perspective) desperate situation. `The train is on the track', but I want to believe we are still at the switching station. Allow me to explain. I better understand now, the why of the TIF border skirting Marell's Addition and Langhoven for the purpose of identifying it as the Road Realignment District. It seems we have always spoke of the area as a total, square, parcel, when in fact, we are each a separate lot. The lots are already being bought separately. Do parcel's need to be square? Has anyone considered an "L"? Your reasoning to keep us in tact because if the neighbors want to sell to a developer we must all sell as a unit. That is certainly a consideration. But I would like to suggest another option. First, per Jamie's July 31,2001 memo to Steve Wallick, "The road intersection requires the acquisition of as many as four homes". Now the City will own Lots#l, (Hue house) #2, & 3 (Silver Bell), #4 & 5 (BeauD'Rue). If the City were to acquisition one more lot - #6 (Horrocks' vacant lot on Beau D'rue), the "L" position gives the City frontage for development on Beau D'Rue and Silver Bell. I don't know how lots No's 1, 2 &3 of Marell's fit into the plan, they are on the other side of the wetland. I was assured by staff and Council on August 14, 2001 that the wetland would not be disturbed by extending Alder Lane through it. I do not know what position Lot#10 (Rem Metro Services) takes. I can be quite certain that before the Cedar Grove Redevelopment is completed, you will all have moved on to `Bigger and Better' things, while, if you don't use your power today to `protect me', I have to be uprooted and suffer the consequences of your decision. I understand your belies; that I must be left in the TIF district, But I believe there must be ways to exempt me long term within the district. A disclaimer, a moratorium, I (07 r don't know the words. What I am suggesting is, an exemption until I die. [As painful as it is to give up my home, even then - For it is HOME to my kids (7), their kids (12) and my great-grand kids (6) - but they see no other way for me and this home]. I can give you two scenarios of this type of exemption; An elderly Mrs. Whitham's property was spared in downtown New York City, New York and in 1999 an elderly Mrs.Letourneau's property was spared in White Bear Lake City, Minnesota - both were caught up in redevelopment schemes. I need the long-term exemption because without it. I am in the TIF district - I am vulnerable to condemnation and become an innocent victim of this horrifying loss of my home. Do I put my life on `hold' because at ANY moment someone can come in and condemn me? What if I need a new furnace, do I spend the dollars? Next year or four years from now, I will still be just as emotional about this. I am giving notice of my objection to be included in the proposed TIF district and I am requesting the exemption of Lot #9 from the TIF district or from the redevelopment district. If you must include me, please, please consider letting me have a life estate, so I can stay in my home until I die. My home means so much to me. I am prepared to take legal action if necessary. Sincerely, Doris Dahline to n I E r T. `r • 600 J~~, op r S . V 40 14. • M • !jam • ! , / f ff/ftiti • 73 b 4e* 92 too Agenda Information Memo August 21, 2001 OLD BUSINESS A. CONTRACT 01-14, JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 01-14 (July 2000 Storm Mitigation Improvements - Misc. Areas # 1, 4, 5 & 10) to La netti & Sons, Inc. for the revised Base Bid in the amount of $1,061,687.00 and revised Alternate No. 2 in the amount of $193,130.00, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Contract 01-14 provides storm water drainage system mitigation improvements in a portion of the areas affected by the July 2000 superstorm, including Ches Mar PondBP-11 (Area #10 - Project No. 828), East Thomas Lake/BP-8 (Area #10 - Project 829), Sequoia Dr./Lodgepole Dr. (Area #5 - Project 830), Evergreen Park/Ponds BP-15 & BP-16 (Area #5 - Project 831), Blackhawk Ponds/BP-29 & BP-29.1 (Area #4 - Project 832), and River Hills/Pond AP-21 (Area #1 - Project 838), as outlined and discussed in the Preliminary Design Report (April 2001). • On August 7, the Council received the bids and continued the award of Contract 01-14 until August 21. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic. The low bid from Lametti & Sons, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The proposal and specifications were prepared to allow the Council flexibility in the award of the improvements based upon the uncertainty of some of the improvement costs and the funding of the improvements. The deletion and substitution of some items in the base bid due to the overall cost benefit are presented for the Council's consideration. • The substitution of the additional pond excavation onto the Thomas Lake Elementary School property, including the athletic field restoration, in Alternate Bid No. 2 ($193,130 without sod) for the pond excavation (Items 185 & 186 = $219,300) in the Base Bid for the Evergreen Pond has been included due to the cost savings ($26,170) and the benefit to the school's soccer field. ISSUES: • Acquisition of new easements is required for the construction of the proposed improvements. Staff has communicated with all affected property owners and is actively pursuing easement acquisition. An update of the easement acquisition status will be distributed at the Council meeting. ATTACHMENTS: • Bid Tabulation, page • Easement Status, page. n 1 11 r~ city of aagan JULY 2000 STORM MITIGATION PROJECT NOS. 828-832,838 EAGAN, MINNESOTA City Contract No. 01-14 Bonestroo File No. 49-01-113 Bid Date: Thursday, August 2, 2001 Bid Time: 10:30 a.m. Alternate #2 Alternate #1 Pond BP-16 Contractor Base Bid Bridge with Weir Grading 1) Lametti & Sons, Inc. $1,280,987.00 $ 188,250.00 $ 225,130.00 2) Barbarossa & Sons, Inc. $1,329,907.00 $211,290.00 $224,900.00 Low PDR % Engineer's % Project No. Base Bid Estimate Deviation Estimate Deviation 828 Ches Mar Pond (Pond BP-11) $115,802 $90,000 $123,000 829 East Thomas Lake (Pond BP-8) 161,637 96,000 162,000 830 Sequoia Dr./Lodgepole Dr. 196,245 214,000 197,000 831 Evergreen Park (Ponds BP-15,16) 478,615 313,000 521,000 832 Blackhawk Ponds 132,973 166,400 167,000 832 Blackhawk Ponds - Maintenance 35,265 19,800 47,000 838 River Hills - Maintenance 76,855 149,000(') 100,000 Hilltop Pond - Maintenance 58,445 29,000 79,000 Subtotal $1,255,837 $1,077,200 +16.6% $1,396,000 -11.1% Clearwater Park - Storm Maintenance (City) 25,150 N/A 12,000 Total $1,280,987 $1,077,200 $1,408,000 -9.9% Alternate No. 1 Bridge with Weir 188,250 N/A 140,000 +34.5% Alternate No. 2 Pond BP-16 Grading 225,130 N/A 230,000 -2.2% (')Includes 535,000 for each backyard grading Q homes) and pond maintenance - $44,000 Q * $35,000) + $44,000 = $149,000) CONTRACT 01-14 EASEMENTS Project Nos. 828-832, and 838 File No. 49-01-113 Update August 17, 2001 Perm. Temp Contact Will Have Esmt. Esmt. Made Sin Si ned Ches Mar Pond - Project No. 828 Lot 6, Block 1, Wilderness Run 1st Addition (Sign 3:00) Y Y Y Y Lot 7, Block 1, Wilderness Run 1st Addition y Y Y Y Lot 10, Block 1, Ches Mar 1 st Addition y Y Y Y Lot 2, Block 2, Ches Mar 1st Addition y Y Y Y Lot 3, Block 2, Ches Mar 1 st Addition y Y Y Y Y East Thomas Lake - Project No. 829 Lot 1, Block 1, Ches Mar 1st Addition y Y Y Y Sequoia Drive - Project No. 830 Lot 1, Block 4, Evergreen Park Addition (Meet Tonight) Y Y Lot 2, Block 4, Evergreen Park Addition (Meet Tonight) Y Y Y Y Lot 4, Block 4, Evergreen Park Addition (Live Idaho) Y Y Y Y Lot 5, Block 4, Evergreen Park Addition Meet Tonight) Y Y Y Y Lot 11, Block 2, Wilderness Run 2nd Addition y Y Y Y Y Lot.. 12, Block 2, Wilderness Run 2nd Addition Y Ever reen Park - Project No. 831 * Lot 18, Block 1, Thomas Lake Heights y Y Y Y Lot 26, Block 1, Evergreen Park Addition (Not Needed) Y Lot 27, Block 1, Evergreen Park Addition y Y Y Y Lot 28, Block 1, Evergreen Park Addition y Y Y Y Lot 17, Block 4, Wenzel 1 st Addition y Y Y Y Lot 34, Block 1, Wenzel 2nd Addition (Association) Y Lot 1, Block 1, Thomas Lake School Addition y Y Y Blackhawk Ponds - Project No. 832 Lot 24, Block 1, Blackhawk Ponds y Y Y Y Lot 25, Block 1, Blackhawk Ponds y Y Y Y Outlot A, Blackhawk Ponds (City Owned?) Y River Hills - Project No. 838 Lot 4, Block 5, River Hills 9th Addition (Not Needed?) Y Lot 5, Block 5, River Hills 9th Addition (To Be Acquired?) Y Y Lot 25, Block 2, Cinnamon Ridge 3rd Addition (Not Needed) Y Lot 26, Block 2, Cinnamon Ridge 3rd Addition (Not Needed) Y * Need to review alternate grading plan placing fill in ballfield area _ ln Agenda Information Memo August 21, 2001 Eagan City Council Meeting B. ORDINANCE AMENDMENT - CHAPTER FOUR - CONSTRUCTION LICNESING, PERMITS AND REGULATION ACTION TO BE CONSIDERED: To approve or deny an ordinance amendment to Chapter Four - Construction Licensing, Permits and Regulation. FACTS: • At the Special City Council Meeting held on May 8, 2001 the City Attorney was directed to draft an ordinance amendment to restrict signs on all City owned property including right-of-way, parks and public facilities. • The City Council sub-committee consisting of City Councilmembers Carlson and Tilley at a meeting on July 27, 2001 reviewed the proposed ordinance amendment and direction was given to the City Attorney to make additional modifications. • Those modifications were made and presented to the City Council at the Special meeting held on August 14, 2001. • The proposed ordinance controls the location of all non-governmental signs. • Approval of the ordinance amendment will supercede and remove from use the City Council Policy on Election signs approved on August 18, 1998. • In addition to previous City Council consideration of an ordinance amendment the advisory Planning Commission also reviewed the issue at a workshop held on April 12, 2001. ATTACHMENTS: • The proposed ordinance amendment is enclosed on pages 94 and 7S ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION" BY AMENDING SECTION 4.20, SUBD. l (c) AND 3 REGARDING SIGN REGULATIONS AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by adding the following definition to Section 4.20, Subd.I(C), to read as follows: 9. Governmental sign means any sign placed, erected or maintained by a governmental entity or agency for identification of or directions to a public facility or street or for traffic control. 10. Public right of way or public rights of way means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated or otherwise conveyed to the City for general public use. Section 2. Eagan City Code Chapter Four is hereby amended by changing Section 4.20, Subd. 3, to read as follows: Subd. 3 General sign standards. C. Placement within public right-of-way. No sign other than governmental signs, shall be located within any City owned public right-of-way, except epAy residential name signs which are attached to mailboxes, private lampposts, or the like. H. Location on public property. No sign, other than governmental signs, shall be placed upon any City owned public property. No sign, other than governmental signs, shall be affixed to any utility pole. I. Location on private property. No sign shall be erected, placed or located upon private property without the permission of the property owner or the lessee. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Mira McGarvey By: Patricia E. Awada Its: Deputy Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: G5. Agenda Information Memo August 21, 2001 Eagan City Council VII. NEW BUSINESS A. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION (SUMMIT HILL) - DELTA DEVELOPMENT, INC. ACTION TO BE CONSIDERED: To approve a Preliminary Planned Development and Preliminary Subdivision (Summit Hill) to create 31 lots for the construction of 30 detached townhomes on 6.65 acres located at south of Diffley Road and east of Johnny Cake Ridge Road, in the NW '/4 of Section 28. FACTS: • The proposed subdivision would create 30 lots for detached townhomes, and one lot to serve as conunon property for the development. The proposed development has a gross density of 4.5 units per acre. • The property has land use designation of MD, Medium Density Residential (4-12 units per acre). • The property is unplatted and vacant and contains slightly varying topography and scattered trees throughout the site. The surrounding area is developed with single-family homes and townhomes. • Access to the site is proposed via a private street that connects to Johnny Cake Ridge Road. The private street is narrower than City Code standards, with some wider segments for on-street parking. • A stormwater pond is proposed to be constructed along the west edge of the site adjacent to Johnny Cake Ridge Road. • The building designs are such that the garages are located behind the buildings, and each building has a front porch. • The APC held a public hearing on July 24, 2001, on the proposed Preliminary Subdivision and Preliminary Planned Development, and recommended approval of both requests. ISSUES: • The applicant has indicated it is their intent to create a unique development and the requested deviations from typical code requirements (reduced building setbacks, a private street narrower than code standards, sidewalks, on-street parking, and a central landscaped green area) help to do that. • The deemphasis on garages and parking in this detached townhome development creates some practical issues with regard to parking and maneuverability that are discussed in this report and the APC minutes. • The Planned Development zoning is intended to allow creative design and flexibility in zoning standards resulting in a better development overall. The determination of whether that has been achieved with this proposal is a policy matter to be determined by City officials. • At the APC's request, the Fire Marshall has reviewed the development plans and determined that access for emergency vehicles is sufficient for all of the units. ATTACHMENTS: July 24, 2001, APC Minutes, pages9I through q Staff Report, pages 1RD through I /b l~ City of Eagan Advisory Planning Commission Meeting DRAFT July 24, 2001 Page 10 Chair Heyl opened the next public hearing of the evening regarding the rezoning of 6.65 acres from R-1 (Single Family) to PD (Planned Development) and a Preliminary Subdivision (Summit Hill) to create 30 lots for detached townhomes on property located on the east side of Johnny Cake Ridge Road, north of the Oakridge Townhomes in the NW of Section 28. Planner Dudziak introduced this item and highlighted the information presented in the City staff's planning report dated July 19, 2001. She noted the background and history. Applicant Mark Poranto displayed photographs of the proposed townhomes. He described changes made since the last proposal and the building materials to be used. He stated the streets are narrow to prevent on-street parking. He stated the homes will be priced from $275,000 to $350,000. He stated the street will be a looped street design. MICA representative Deanne Bennen stated the needed for affordable housing. She stated MICA is requesting that 20% of the Summit Hill development is produced as affordable housing. She described examples of people that need affordable housing. Resident Elisa Koppman stated the development is an improvement from the last proposal. She sated her concern with the road and the cross walk for children at Woodlake Road and Johnny Cake Road. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl questioned concerns from the Fire Marshall for the narrowed streets and the cross walk. Planner Dudziak stated the Fire Marshall expressed no concerns of the street width. Assistant Engineer John Gorder stated mid-block cross walks are discouraged for safety purposes. Chair Heyl stated she appreciates the unique proposal, however, is concerned with the bylaws, restricting of the driveway use. Mr. Poranto stated that no where in the Twin Cities, has this driveway design been used. He stated he doesn't see a problem with the new driveway design. Chair Heyl expressed concern with the limited parking space. Member Huusko questioned the length of the shared driveway. Mr. Poranto stated the length of the shared driveway is 12 feet. Member Hunter stated the plan meets the intent of the planned development. He sated that the Advisory Planning Commission is not designed to address the issue of affordable housing. G( City of Eagan Advisory Planning Commission Meeting DRAFT July 24, 2001 Page 11 Chair Heyl stated it is not appropriate for the Advisory Planning Commission to advise applicants to include affordable housing. Member Kaess sated he does believe the Planning Commission has a responsibility to address affordable housing. He stated he believes the last development was the best use of the land. He suggested more support for the affordable housing issue should appear at future public hearings. Member Huusko stated his is in favor of the development and feels it is a creative use of the property. Member Nosbush questioned the alternative solutions for the parking issues. Members and Staff discussed the zoning of the property. Member Huusko moved, Member Nosbush seconded to approve rezoning of 6.65 acres from R-1 (single family) to PD (Planned Development) and a Preliminary Subdivision (Summit Hill) to create 30 lots for detached townhomes on property located on the east side of Johnny Cake Ridge Road, north of the Oakridge Townhomes in the NW of Section 28 subject to the following conditions: 1. The property shall receive final subdivision/plat approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Building Elevations Plan Final Landscape Plan Final Site Lighting Plan 3. The term of this Planned Development shall be five years. 4. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the townhome association shall be recorded with the subdivision. 5. Building setbacks on the perimeter of the site shall not be less than 50 feet from Johnny Cake Ridge Road and 30 feet from adjacent properties. Setbacks within the development shall not be less than shown on the approved site plan. 6. The final development plans shall include architectural plans prepared by a registered architect. The elevation plans shall show the proposed building designs, elevations of all sides of the buildings, dimensions, and exterior materials and colors. ~g City of Eagan Advisory Planning Commission Meeting PRAFT July 24, 2001 Page 12 7. Maintenance of the landscaping shall be the responsibility of the development's townhome association. 8. Site lighting shall be provided as is necessary for security, safety and traffic circulation. Lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be hooded and directed to deflect light away from adjacent properties. All voted in favor. rig PLANNING REPORT CITY OF EAGAN REPORT DATE: July 19, 2001 CASE: 28-PS-09-06-01 28-RZ-08-06-01 28-FD-03-05-01 APPLICANT: Delta Development, Inc. HEARING DATE: July 24, 2001 PROPERTY OWNER: U.S. Postal Service APPLICATION DATE: (July 5, 2001) REQUEST: Rezoning/Planned Development; Preliminary Subdivision LOCATION: South of Diffley Road and east of Johnny Cake Ridge Road PID No. 10-02800-023-50 COMPREHENSIVE PLAN: MD, Medium Density Residential (4-12 units per acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Delta Development is requesting approval of a Preliminary Subdivision (Summit Hill), a Preliminary Planned Development rezoning the property from R-1' (Single-Family Residential) to PD (Planned Development) to create 31 lots for the construction of 30 detached townhomes on approximately 6.64 acres located south of Diffley Road and east of Johnny Cake Ridge Road in the NW '/4 of Section 28. Approval of the requested Preliminary Planned Development would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. The rezoning of the property to a PD, Planned Development, designation is necessary to accommodate a proposed private street system and associated lots without public street frontage, small lot sizes, and zero setbacks for the attached dwellings. AUTHORITY FOR REVIEW Planned Development Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: C)n Planning Report - Delta Development, Inc. (Summit Hill) July 24, 2001 Page 2 (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." Preliminary Subdivision City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Planning Report - Delta Development, Inc. (Summit Hill) July 24, 2001 Page 3 Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The property is owned by the U.S. Postal Service, which acquired the land several years ago in anticipation of constructing a new retail service center in Eagan. For various reasons, the USPS did not proceed with development of the site and it remains vacant. A review of historical zoning maps shows that the property was zoned Agricultural until 1971, at which time it was changed to a C-2 zoning designation (heavy commercial). In 1972, an R-6 zoning designation (multiple residential) was applied. By 1974, the City had amended its zoning ordinance eliminating the R-6 designation and R-4 became the multiple residential zoning designation. The R-4 zoning designation for this property appears on the 1974 zoning map and the R-4 designation remained until 1999. The City's land use maps in 1974 and 1980 designated the property for R-II development (Mixed Residential of 3-6 units per acre). By 1993, the land use categories in the Comprehensive Guide Plan had changed, however, the maximum intensity of development remained six units per acre under the D-II, Mixed Residential (0-6 units per acre) land use designation. In 1998 and 1999, the City undertook a citywide update of its Comprehensive Guide Plan. It was noted during that review that the R-4 zoning of this property and the D-II land use designations were inconsistent. As a result, in order to achieve consistency with the City's land use plan, the property was rezoned to an R-1 (Single Family Residential) designation in 1999. In conjunction with the rezoning of this site, the City also rezoned the adjacent property to the north from an RB, Roadside Business to an R-1, Single Family Residential designation. The City's updated Comprehensive Guide Plan, which was adopted in February 2001, designates the property MD, Medium Density, for residential development at 4-12 units per acre. Early in 2000, the U.S.P.S. requested a rezoning of the property to an R-3 (Residential Townhouse) ga Planning Report - Delta Development, Inc. (Summit Hill) July 24, 2001 Page 4 designation. The R-3 zoning request was denied by the City Council in May 2000, in part because of concerns about the potential density the R-3 zoning would allow. In November 2000, Delta Development submitted a development proposal for this site that consisted of six ten-unit townhome buildings, having a gross density of nine units per acre. That proposal was denied by the City Council in January 2001, in part because of density concerns. EXISTING CONDITIONS The property is unplatted and vacant and contains slightly varying topography and scattered trees throughout the site. The surrounding area is developed with single-family homes and townhomes. Access to the site is proposed via a private street that connects to Johnny Cake Ridge Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Undeveloped; zoned R-1 (Single Family Residential); guided MD (Medium Density Residential, 4-12 units per acre) South - Multiple-family Residential; zoned PD (Planned Development); guided MD East - Single family residential; zoned R-1; guided LD (Low Density Residential) West - Single family residential; zoned R-1, guide LD EVALUATION OF REQUEST Preliminary Subdivision: Description of Proposal - Delta Development is requesting approval of a Preliminary Subdivision (Summit Hill), and a Preliminary Planned Development to create 31 lots for the construction of 30 detached townhomes on approximately 6.64 acres located south of Diffley Road and east of Johnny Cake Ridge Road in the NW of Section 28. The proposed subdivision would create 30 lots for the townhomes, and one lot to serve as common property for the development. Access into and through the site provided by a private street which connects to Johnny Cake Ridge Road at the southwest comer of the development site. A stormwater pond is proposed to be constructed along the west edge of the site adjacent to Johnny Cake Ridge Road. Airport Noise Considerations - The development site lies outside of the airport noise exposure zones established by the Metropolitan Council. Lots - The proposed subdivision would 31 lots for the construction of 30 detached townhomes, and one lot to serve as common property for the development. The lots are intended to CL= Planning Report - Delta Development, Inc. (Summit Hill) July 24, 2001 Page 5 encompass only the building and the bulk of the yard space is on the common property. The lots are 56 or 58 feet wide, and 66 or 60 feet deep. Gradin - The preliminary grading plan is acceptable. The existing site is open and generally slopes from north to south with relatively little variation in topography. The proposed grades of the buildings within the development will be approximately 6 to 10 feet above the grade of Johnny Cake Ridge Road to the west and 8 to 14 feet below the existing houses of the Wexford Addition to the east. The developer should be responsible for obtaining temporary easement for the proposed grading on Outlot B, Mallard Park 4`h Addition. Storm Drainage - The preliminary storm drainage plan is acceptable. Storm water runoff from this development will drain via public storm sewer to a new storm water pond in the west-central portion of the site. This pond will drain to existing storm sewer within Johnny Cake Ridge Road. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main are readily available from pipe stubs within the Johnny Cake Ridge Road right-of-way. Streets/ Access/ Circulation - The development is proposed to be served by private streets with two public access points at the north and south edges of the site onto Johnny Cake Ridge Road, a four-lane community collector roadway reconstructed in 1989. Johnny Cake Ridge Road in the area was designed and constructed to accommodate adjacent land uses more intense (RB, Roadside Business and R-4, Multiple Residential) than is now proposed. The proposed development will generate an estimated 180 (90 in/ 90 out) vehicle trips per day. The year 2000 traffic count on Johnny Cake Ridge Road in the area is 4,244 (two-way) vehicle trips per day. Current traffic volumes on Johnny Cake Ridge Road and Diffley Road warrant signalization of that intersection. The installation of a signal at this intersection will be a joint project between Dakota County and the City and is scheduled for late summer or early fall 2001. With the reconstruction of Johnny Cake Ridge Road in 1989, a future street curb cut was constructed centered on the north property line of this site. The developer has been unable to coordinate with the adjacent property owner to the north to utilize this curb cut for both properties. The developer is instead proposing to construct a new curb cut for the private street approximately 20 feet to the south and entirely on this site. This development should be responsible for the modification of the existing curb cut and trail along the north property line and any pavement striping modifications, if necessary, on Johnny Cake Ridge Road to accommodate the new curb cut location. The developer is proposing 22-foot wide (face-to-face of curb) private streets with six 34-foot wide (face-to-face) on-street parking areas. The parking areas would provide 26 spaces for the proposed ~0 units. For private streets serving 30 units, the City Code requires a minimum width of 28 feet. If the 22-foot wide portions of the street are found to be acceptable, on-street parking V Planning Report - Delta Development, Inc. (Summit Hill) July 24, 2001 Page 6 should be restricted to the 34-foot wide areas only, and the 22-foot wide portions signed "no parking." This development should provide a street stub to Outlot B, Mallard Park 4th Addition for future connection with development of that property. The applicant has indicated that this development is designed specifically to not emphasize automobiles, and therefore, the garages are not the focal point of the buildings, are not located at the front of the dwelling, and have driveway access in the side or rear of the building rather than the front. While staff understands the applicant's desire, staff has concerns about the limited space for vehicle maneuverability and access in the driveway and garage areas of the proposed units. The proposed garage and driveway dimensions are as follows: Garage width = 20 feet Garage door width = 16 feet Distance between opposing garages = 30 feet Distance from common drive to garage door =10 to 12 feet With these proposed dimensions, it may be difficult for residents with two cars per unit to enter to park side by side in the garages, especially if a vehicle is parked in front of the opposing garage. To minimize such potential conflicts, the applicant's narrative states that the association bylaws will not allow parking immediately in front of a garage. In addition, turning movements in the limited driveway space available will likely result in vehicles driving on sodded and landscaped areas. City officials should consider whether the driveway and garage area dimensions are sufficient for safe vehicle maneuverability. Requiring that the association bylaws include a provision to prohibit parking on driveways immediately outside a garage is an option, but staff is concerned with the actual day-to-day operation and enforcement of such a restriction, particularly considering that the City has no authority to enforce private bylaws. Wetlands/Water Quality - This proposed 6.6-acre townhome subdivision is located in the City's B-watershed. Stormwater from a majority of the parcel (6.0 acres) is proposed to drain into a constructed on-site treatment basin and then into the City's stormwater system, through a series of existing treatment basins, and then into Thomas Lake, one of the City's priority waterbodies. The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With an impervious proportion of 49 percent, a minimum, wet-pond volume of .67 acre-feet, a maximum depth of six feet, and a 10:1 aquatic safety bench from the normal water level would be needed to treat the stormwater generated by 6.0 acres of the development. An outlet skimmer in accordance with City standards would need to be installed. Planning Report - Delta Development, Inc. (Summit Hill) July 24, 2001 Page 7 Stormwater from the remaining area of the parcel (0.6 acres) is proposed to drain off-site. Therefore, in accordance with City water quality policies and fee schedules, the development is responsible for a cash dedication for this untreated stormwater, calculated as the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. There are no jurisdictional wetlands associated with this site. Easements/Permits/Rights-of-Way - If the property owner of Outlot B, Mallard Park 4ch Addition is agreeable to accepting a private street access easement covering the private streets within the Summit Hill development for possible use with future development of Outlot B, the applicant should prepare and record the easement subject to review and approval by the City Attorney. The developer should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. Landscaping - The landscape plan is discussed in the Preliminary Planned Development section of this report. Tree Preservation - Due to the absence of significant trees or woodlands on the site, tree preservation and mitigation requirements are not applicable. Parks and Recreation - This development is responsible for a cash trail dedication, payable at the time of final plat at the rate then in effect. The trail dedication rate in the 2001 fee schedule is $168 per unit. The park dedication requirement for this property has been satisfied previously through a land dedication. The parcel proposed for development was originally part of the Wilmus Addition. The park dedication for the entire property was met at the time of the original platting. The dedication consisted of land that was used to develop nearby Downing Park (associated with Oakridge Elementary School) and a connecting segment of the Highline Trail. Planned Development: Within the proposed Planned Development zoning, both the developer and the City have greater flexibility in the overall design of the development and typical zoning standards do not strictly apply. However, to help the Advisory Planning Commission (APC) and City Council evaluate the proposed development plans, the R-3 (Residential Townhome) zoning district standards, as well as the R-1 (Single-Family residential) zoning district standards are used as a basis for comparison. Proposal - The applicant has submitted a narrative describing the intent of the proposed Planned Development. The detached townhomes are designed to create a development with garages to the rear of the buildings, buildings set closer to the street and closer to each other than a standard single-family development, a front porch on each building, sidewalks and a central landscaped green space with patio and gazebo. The applicant's intent is to create a "feeling of being in a Planning Report - Delta Development, Inc. (Summit Hill) July 24, 2001 Page 8 village or close knit community," to "minimize emphasis on the car" and "create the ambience of a lovely and desirable neighborhood." Term - Staff suggests a five-year term for the Planned Development. Density and Building Coverage - The proposed 30-unit development on 6.64 acres has a gross density of 4.5 units per acre. The R-3 zoning code requires a minimum lot size of 6,000 square feet per unit. Applying that standard, maximum gross density could be 48 units, or 7.3 units per acre. Using the R-1 standard of 12,000 square feet per unit, the maximum gross density would be 24 units, or 3.6 units per acre. Maximum building coverage area is satisfied. The City Code sets the maximum building to lot area coverage ratio for residential development at 20%. While each individual lot will exceed 20% building coverage because the bulk of the site is common area, the overall development has a building to site coverage ratio of 19.4%. Compatibility with Surrounding Area - The site is surrounded by a variety of residential developments. To the west and northeast are single-family developments, to the south and southeast are townhomes. The proposed development has a gross density of 4.5-units per acre, which is at the low end of the density range within the MD, Medium Density Residential land use designation, and is within the range of densities of other residential developments in the area, which varies from just under two units per acre to just over five units per acre. Setbacks - The City Code establishes a minimum building setback of 50 feet from Johnny Cake Ridge Road (as a minor thoroughfare). The minimum front yard setback from a through private street is 25 feet from the curb. The developer is proposing distances between buildings of anywhere from 10 to 19 feet, with a minimum distance of 10 feet between garages, and 19.5 feet in front yards between the buildings and the curb of the private street. Building setbacks from the perimeter of the site are maintained at 30 feet. Off-Street Parking - The zoning code requires two parking stalls for each dwelling unit, one of which must be enclosed. Each unit will have a two-stall garage (20' x 20'), an additional 26 on- street parking stalls are provided throughout the development. The size of the garages not large, but is considered a two-stall size. Because of the development design, parking on the driveways in front of garages would interfere with access to the opposing garage or would block the sidewalk. While staff has some concerns whether the amount of parking is sufficient, the proposed two stalls per unit satisfies the minimum requirement in the ordinance. Building Design and Architecture - The developer has submitted architectural elevations, however, dimensions and exterior materials were not indicated. The building designs are such g7 Planning Report - Delta Development, Inc. (Summit Hill) July 24, 2001 Page 9 that the garages are located behind the buildings, and each building has a front porch. The Final Planned Development application shall include architectural plans prepared by a registered architect. The Final plans shall show the proposed building designs, elevations of all sides of the buildings, dimensions, and exterior materials and colors. Landscaping - The landscape plan consists of a variety of deciduous, ornamental and evergreen trees. Black Hills Spruce and Norway Pine are concentrated at the perimeter of the site, particularly along the east boundary to buffer the existing single-family homes. An ornamental tree is proposed at the front corner of each building, with deciduous shade trees along the private street. The foundation detail shows shrub plantings, but the species vary for each unit type and are identified in the landscape legend. The City Code requires automatic irrigation for all landscaped areas and should be noted on the final landscape plan. Site Lighting - Site lighting is proposed to be building mounted fixtures, with street lights at the intersections with Johnny Cake Ridge Road. The City Code requires that site lighting be provided as is necessary for security, safety and traffic circulation. Lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be indirect and diffused and the source of light shall not be directly visible from off the property. Recreation Area - The site contains a central landscaped area with a patio and gazebo. A City park is located about %4 mile south of the development site on the east side of Johnny Cake Ridge Road adjacent to Oak Ridge Elementary School. SUMMARY/CONCLUSION Delta Development is requesting approval of a Preliminary Subdivision (Summit Hill), a Preliminary Planned Development rezoning the property from R-1 (Single-Family Residential) to PD (Planned Development) to create 31 lots for the construction of 30 detached townhomes on approximately 6.64 acres located south of Diffley Road and east of Johnny Cake Ridge Road in the NW'/4 of Section 28. The proposed 30-unit townhome development is half the number of units proposed by this applicant in November 2000, and the unit type is detached rather than attached townhomes. The proposal includes reduced building setbacks, a narrow private street, sidewalks, on-street parking, and a central landscaped green area. The plans are lacking some information such as architectural details, which will need to be provided for the Final Planned Development Agreement. The detached townhome concept is not new to Eagan, however, the deemphasis on garages and parking is different from the typical development designs and creates some practical issues with regard to parking and maneuverability as discussed in this report. It is the applicant's intent to create a unique type of detached townhome development and the attached narrative addresses the design issues from the applicant's perspective. While the Planned Development is intended to ~ it fi Planning Report - Delta Development, Inc. (Summit Hill) July 24, 2001 Page 10 allow creative design and flexibility in zoning standards, the result should be a better development overall. The determination of whether that has been achieved with this proposal is a policy matter to be determined by City officials. ACTION TO BE CONSIDERED A. To recommend approval of a Preliminary Subdivision (Summit Hill) to create six lots and one outlot on 6.64 acres located south of Diffley Road and east of Johnny Cake Ridge Road in the NW '/4 of Section 28. If approved, the following conditions should apply: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3,1993: Al, 131, B2, B4, Cl, C2, C4, DI, and El. 2. The property shall be platted. The developer shall be responsible for obtaining temporary easement for the proposed grading on Outlot B, Mallard Park 4th Addition 3. This development shall be responsible for the modification of the existing curb cut and trail along the north property line and any pavement striping modifications, if necessary, on Johnny Cake Ridge Road to accommodate the new curb cut location. 4. If the 22-foot wide portions of street are found to be acceptable, on-street parking shall be restricted to the 34-foot wide areas only, and the 22-foot wide portions signed "no parking." 5. This development shall provide a street stub to Outlot B, Mallard Park 41h Addition for future connection with development of that property 6. If the property owner of Outlot B, Mallard Park 4th Addition is agreeable to accepting a private street access easement covering the private streets within the Summit Hill development for possible use with future development of Outlot B, the applicant shall prepare and record the easement subject to review and approval by the City Attorney. 7. This development shall be responsible for the removal of the existing curb cut onto Johnny Cake Ridge Road along the north property line and any pavement striping modifications necessary on Johnny Cake Ridge Road to accommodate the new curb cut. 8. The development shall be responsible for creating a water quality pond to treat stormwater that runs off of 6.0 acres of the developed parcel. The treatment pond shall have a minimum, wet-pond volume of .67 acre-feet, a maximum depth of 6 feet, and a 10:1 aquatic safety bench from the normal water level. An outlet skimmer in accordance with City standards shall be installed. ~9 Planning Report - Delta Development, Inc. (Summit Hill) July 24, 2001 Page 11 9. A cash dedication in lieu of water quality treatment of stormwater from 0.6 acres of the site shall be required for this development. The amount of this cash dedication shall be $2,994.00. 10. This development is responsible for a cash trails dedication, payable at the time of final plat at the rate then in effect. The rate in the 2001 fee schedule is $168 per unit for trails. B. To recommend approval of a Preliminary Planned Development to rezone the property from R-1 (Single-Family Residential) to PD (Planned Development) consisting of 30 detached townhomes on 6.64 acres located south of Diffley Road and east of Johnny Cake Ridge Road in the NW '/4 of Section 28. Approval of the Preliminary Planned Development simultaneously constitutes approval of a Final Planned Development, to be incorporated into a forthcoming PD Agreement. If approved, the following conditions should apply: 1. The property shall receive final subdivision/plat approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Building Elevations Plan Final Landscape Plan Final Site Lighting Plan 3. The term of this Planned Development shall be five years. 4. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the townhome association shall be recorded with the subdivision. 5. Building setbacks on the perimeter of the site shall not be less than 50 feet from Johnny Cake Ridge Road and 30 feet from adjacent properties. Setbacks within the development shall not be less than shown on the approved site plan. 6. The final development plans shall include architectural plans prepared by a registered architect. The elevation plans shall show the proposed building designs, elevations of all sides of the buildings, dimensions, and exterior materials and colors. 7. Maintenance of the landscaping shall be the responsibility of the development's townhome association. 70 ~ II fi Planning Report - Delta Development, Inc. (Summit Hill) July 24, 2001 Page 12 8. Site lighting shall be provided as is necessary for security, safety and traffic circulation. Lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be hooded and directed to deflect light away from adjacent properties. Ct I STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. / o~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2. 1993 LTSXS STANOARD.CON FINANCIAL OBLIGATION Summit Hill Preliminary Subdivision There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The City shows a deferred assessment on this parcel in the amount of $19,323. This assessment will be activated with development of the parcel. The assessment will be allocated to succeeding parcels. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral M. F. $23.05/F.F. 300 F. F. $6,915 Storm Sewer Lateral M. F. $27.80/F.F. 225 F. F. 6,255 Storm Sewer Trunk M. F. .l 10/Sq. Ft. 118,750 Sq. Ft. 13,062 TOTAL $26,232 6 i O Eagan Boundary . Parcel Area Location Map I~3~Cant~"°a I Building Footprint I 5111 , ®s, L / m is ~ 0 ~ 1 r g VT If w a s ~ 0 C3 o Subject Site o t ® p 3 P g ® ~ is ~ ~ ~ ~ ~ E8 40 ® E b c a GE ea B, IN 41 a N"'o ~ 1~~ ~g o8 ® ~ c © g fit, IBM& a3 i~ 6 d ra f ®..W'`r if W •w• ' a .o a • as 51®c~J ~ o O 1000 0 1000 2000 Feet Development/Developer. Summit Hill Application: Rezoning, Preliminary PD, Preliminary Subdivision Case No.: 28-RZ-08-05-01, 28-PD-02-05-01, and 28-PS-09-06-01 Cis)/ Map Prepared using ERSI AreVknv 5.1. Peal bass map data Provided N by Dakota County land Survey Depa trtMnt and Is current as of June 1001. City of Eagan r THIS MAP 13 INTENDED FOR REFERENCE USE ONLY w E M I N N E S O T A Th City M Eagan and Dakota County do not guarantee the accuracy of this Intomadon and are S goner canny Devrepnwwd Daparraant not respona llaW for errors or omissions. 1 Current Zoning and Comprehensive Guide Plan Summit Hill Land Use Map Case No. 28-RZ-08-05-01, 28-PS-09-06-01, etc Zoning Map _ E PO E C E D) Current Zoning- R ocation R-9 R-1• Single Family Residential R-1 'W® PD D PF P aoo 0 000 1100 root Comprehensive Guide Plan E E ~ Land Use Map L LD E E 0, Location C +,r,~•c Current Land Use Designation: MD MD Medium Density (412 units/acre) MD MD LD Pin P 000 0 =a law Foot I 4P A7 m L ►amol baaa mar Mermatlsn p a , oiy Dakota CorMy Laod tka.ay Dgartm.d 0"V01. N Za.kp bd wmad- and tnkrd by Cky ital. City of Eagan Z W E , THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The pty of Ines- and Dakota County do not yuaran%o the accuracy of this Information. 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DELTA July 16, 2001 Mr. Bob Kirmis, AICP City of Eagan 3830 Pilot Knob Road Eagan , MN 55122-1897 Dear Mr. Kirmis: In conjunction with our concurrent proposals for rezoning and final planned development we offer the following to provide additional supportive information on our proposal. • Comprehensive Guide Plan designates the subject property as MD 4-12 units per acre. Our development will be 4.52 units per acre, at the very bottom end of the guide plan densities. • The current zoning classification is R-1 single family. We are proposing Planned Development, which will be in conformance with the Comprehensive Guide Plan which the present zoning is not. • This new design for detached townhomes creates several desirable characteristics. It has allowed us to present a streetscape almost totally devoid of visible garages. Of the 30 homes on the plan only four of them will have garage doors visible from the street. In order to accommodate garage space to the rear of the homes we have placed them closer to the street. This closer than average proximity of the homes has resulted in a feeling of being in a village or a close knit community. To take further advantage of this sense of place we have designed all our homes with porches, which only add to the friendly atmosphere. Our plan also calls for a street which alternates from narrow (24 feet) to wide (36 feet) that serves to both calm the traffic and allow for on street parking in an attractive and efficient manner. The placement of the garages also serves to create a modest sized private area directly behind each home. This area will be landscaped in such a way as to make it seem as secluded as possible. Those homes that do not have street frontage, will face a garden area in the center of the development. This area is planned to be heavily landscaped with sidewalks and lighting to allow its use into the evening. We also plan to offer 3 season porches off the back of most of our homes. • A few minor issues have surfaced regarding the garages. It may be necessary to do a little jockeying of your second car in order to get it into the garage. We have chosen to do this in order to minimize the emphasis on the car. We are attempting REAL ESTATE DEVELOPMENT BUILDING 454 0 FAX 651 454 8943 3902 CEDARVALE DRIVE EAGAN, MN 55122 ~y p I" fi to create a place for people to live and we think this is a small trade off to create the ambience of a lovely and desirable neighborhood. Also, there are four homes whose garages will face the street and as a result if a car were parked in front of one of these garages it could block sidewalk traffic. We plan to address this in the bylaws for the community by not allowing any parking in the driveways. • We are proposing detached townhouses, which will have some of the characteristics of single-family living and some of the characteristics of townhouse living. The grass, common landscaping, and garden areas will be maintained by the Homeowners Association: The individual homeowners will own their own land and building, including some land adjacent to each home and their patio area. Homeowners will maintain their individual patios, porches and individual gardens just like a single family home would. • We will control the placement of each unit and its exterior design, which will insure that no two similar units will be next to each other. There are four building floor plans with multiple elevations for each. Therefore, there will be no more than 3 or 4 identical buildings scattered throughout the site. • Landscaping is also a major factor in the project design. The space behind the home and the garage forms a private area for each unit. This is further separated from adjoining homes by the use of landscaping between the units, to provide a private patio area in each back yard. • We will build the project in one phase. We hope to begin grading in August of 2001 and build out the project during the ensuing winter and continuing into 2002 with completion in the Summer of 2002. • The property is vacant land. • To the north the land is vacant and is designated as MD on the comprehensive guide plan and is zoned R-1. To the northeast is R-1, which is developed with new homes. To the southeast are Woodgate Townhomes. To the south is a town home rental project owned by the Dakota County Housing and Redevelopment Authority. To the west is single-family housing. We offer the following as the additional narrative as requested on the rezoning application requirements. • Other than having the land developed as opposed to vacant, the rezoning should have no impact on the surrounding property and land uses. • The rezoning will allow Delta Homes to create the best example of detached town homes in the Twin Cities. • The rezoning will probably contribute to greater use of the existing roads, notably Johnny Cake Ridge Road, than would single family but the impact will be negligible. The other services will not be impacted. 9 /S • The rezoning to Planned Development will allow Delta to create something that is not specifically covered by any of the other zoning designations. While the plan is not completely unheard of, there are other detached townhomes in the area; we believe this will be the first one to have all the garages behind the property thus creating a streetscape with few garages visible from the street. While there will be no party walls we will have an association which will maintain the property. I would like to address some other requirements listed in the submittal checklist. Specifically, tree preservation, and wetlands inventory/replacement plan were addressed in our first application involving this site in September of 2000. Pamela Dudziak prepared a planning report dated November 22, 2000 that states in part "Tree Preservation - There are no tree preservation issues associated with this development." Also, the same report states that there are no wetlands on this site. I have included a letter of that determination from Aquatic EcoSolutions, Inc. I believe that since these items were addressed in September 2000 that will suffice for this application as well. Lastly, the park dedication requirement has been met. A land dedication agreement between EHW Properties and the City of Eagan dated April 10, 1989 (copy enclosed) covers this site. We look forward to working with you on this proposal. j ' e ly, ohn =arran resin r Agenda Information Memo August 21, 2001 Eagan City Council Meeting B. PRELIMINARY AND FINAL SUBDIVISION - YMCA ACTION TO BE CONSIDERED: ➢ To approve a Preliminary and Final Subdivision (YMCA 2nd Addition) to provide for property acquisition to allow for an expansion of the YMCA daycare operation located at 550 Opperman Drive in the NE '/4 of Section 13, subject to the conditions contained in the APC Minutes. FACTS: ➢ In addition to some cosmetic improvements to the building, the Y is also interested in expanding the building to the west in order to provide more building area for their daycare use. ➢ At a recent meeting, the City Council approved a Footing & Foundation Permit to allow construction to begin on the building expansion and that work is underway. ➢ The subdivision application before the Council is a housekeeping item due to the large parcels of property that will still remain after the land transaction. ➢ The Advisory Planning Commission held a Public Hearing on July 24, 2001. The APC is recommending approval of the Preliminary Subdivision subject to the conditions in the draft APC minutes. ATTACHMENTS: (3) Draft July 24, 2001 APC Minutes, age . Staff report, page 13 thro gh . Final Plat drawing, page . ~II i Advisory Planning Commission Meeting July 24, 2001 Page 13 PRELBIINARY SUBDIVISION - YMCA Chair Hey] opened the next public hearing of the evening regarding a preliminary subdivision (YMCA 2°d Addition) to allow for property acquisition for an expansion of the YMCA daycare, legally described as Outlot A, YMCA located at 550 Opperman Drive in the NE '/4 of Section 13. Senior Planner Ridley introduced this item and highlighted the information presented in the City staff's planning report dated July 16, 2001. He noted the background and history. There being no public comment, Chair Heyl closed the public hearing and returned the discussion back to the Commission. Member Huusko stated he will abstain from this issue. Member Hunter moved, Member Kaess seconded a motion to approve the request for a preliminary subdivision (YMCA 2°d Addition) to allow for property acquisition for an expansion of the YMCA daycare, legally described as Outlot A, YMCA located at 550 Opperman Drive in the NE of Section 13 subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Bl, El, and Hl. 2. The property shall be platted. 3. The approval of the proposed subdivision shall not waive or any way affect the City's right to retain any existing public easement that the applicant may desire to have vacated in accordance with applicable procedures. All voted in favor. fib PLANNING REPORT CITY OF EAGAN REPORT DATE: July 16, 2001 CASE: 13-PS-10-06-01 APPLICANT: YMCA HEARING DATE: July 24, 2001 PROPERTY OWNER: West Group APPLICATION DATE: June 20, 2001 REQUEST: Preliminary Subdivision PREPARED BY: Michael J. Ridley LOCATION: 550 Opperman Drive COMPREHENSIVE PLAN: IND, Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST The YMCA is requesting approval of a Preliminary Subdivision in order to sever and attach property currently owned by West Group for the purpose of expanding the day care operation in the YMCA building located on Lot 1, Block 1, YMCA Addition, in the NE'/4 of Section 13. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. )13 Planning Report - YMCA Subdivision July 24, 2001 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The property was originally subdivided in the early 1990's and the Southwest Area YMCA building was constructed shortly after that. EXISTING CONDITIONS The existing building is currently undergoing some cosmetic alterations and the applicant is looking to expand the foot print to allow an expansion of the day care operation. The day care expansion causes the building/parking to encroach on the neighboring property to the west. Planning Report - YMCA Subdivision July 24, 2001 Page 3 SURROUNDING USES The property surrounding the subject property are used and guided for Industrial use. EVALUATION OF REQUEST Compatibility with Surrounding Area - The Y has been operating at this location for several years without any issue that staff is aware of. The expansion will not introduce any new use to the area and, therefore, should remain compatible. Airport Noise Considerations - None Lots - With the additional property, Lot 1 will be approximately 21.2 acres in size. Engineering - All Engineering issues associated with the proposed subdivision will be addressed with the building permit for the facility addition. Easements - The developer has applied for the vacation of the drainage and utility easements necessary to accommodate the proposed building addition. Wetlands/Water Quality - There are no additional water quality requirements to be met. There are no wetlands impacts associated with this development. Setbacks - The subdivision will allow all required setbacks to be met. SUMMARY/CONCLUSION The proposed subdivision will allow an expansion off the west side of the existing YMCA building that will meet required setbacks. The subdivision will have little impact on the area and appears consistent the subdivision requirements. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision in order to sever and attach property currently owned by West Group for the purpose of expanding the day care operation in the YMCA building located on Lot 1, Block 1, YMCA Addition, in the NE %4 of Section 13. If approved, the following conditions should apply. 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, E1, and H1. 2. The property shall be platted. Its- Planning Report - YMCA Subdivision July 24, 2001 Page 4 3. The approval of the proposed subdivision shall not waive or any way affect the City's right to retain any existing public easement that the applicant may desire to have vacated in accordance with applicable procedures. 11 (P STANDARD CONDITIONS OF PLAT APPROVAL A. Einancial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. )17 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised:_ July 10, 1990 Revised:_ February 2, 1993 LTSSS STANOARO.CON '0 f fi FINANCIAL OBLIGATION YMCA 2nd Addition There are pay-off balances of special assessments totaling $4,036 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT None q Eagan Boundary Location Map Street Centerline Parcel Area Building Footprint I 'S DI cze J, moo r v z w a Sub Oct Sit All 8 m v E2r v e a h s ® a stop v ~ • a ~~p~ v F a' v 4 4 a l s ' ~ e`er ♦ ` ~ ♦ 1000 0 1000 2000 Feet ease Development/Developer. YMCA 2nd Addition Application: Preliminary Subdivision Case No.: 13-PS-10-06-01 Map Prepared using ERSI AreVlew 2.1. Parcel bass map dots provided N by Dakots Courtly Land Survey Dopar0 m and Is current as or Jura 2001. City of Eagan O / THIS MAP 15 INTENDED FOR REFERENCE USE ONLY w E M. I N N E S 0 T A The City of Eagan and Dakota County do not guarantee the accuracy of this I foo ation and are Cmmrwrrty Develop4 me - Department not responsible for errors or otrd"ons. S I f ii Current Zoning and Comprehensive Guide Plan YMCA 2nd Addition Land Use Map Case No. 13-PS-10-06-01 Zoning Map PD t~ Location Current Zoning: lAr 1-1 Limited Industrial 1-1 PO , P eoe a no Ina F." Comprehensive Guide Plan Land Use Map IND s IND 3Gt Location Current Land Use Designation: IND Limited Industrial IND IND P •es • •ee use r..i 1 FareW r.r.y rA.nwNl.w P. DiM• Ord LewI~ Dep&.Va w •••V•1. N =.•ds ner~•~r• WAb bbnd by Gay sus. Allk-city of Eagan W E CanmunJy DavNopmsrrt Dspsrtrnsnt , THIS MAP IS INTENDED FOR REFERENCE USE ONLY Tho City of Eagan end Dakota County do not guarantso the accuracy of this Information. 5 1 cs:rtw•. v m eois. t+o: onon,.. o+.) 61.72 C....... ~ R \ \ i . ui a saner • w ~ ,w n..m+ e~*~~ s I to ~ s \ µ ..r.. s. m.ce M1 to _ ; ~ u ,anor ~,q g ~ ilt ti V. 0_/5720. lf. \ •ar- y.sror • . i~iA•• r \ \ \ , Y 128.02 Y ~ '4 I!I17 ~ I a A .V~ I IQ O I seas f__ ~ _ws~,xwi ~ \`_a I ~.4,~ ~ III \ \ ~ ~~8.`~ _ ' all ~ ~ Tf. r ~ rr p, c~{ \ \ $ J ~i ~ I ~ •ye ~ O ~7 \ I ~ 9 I, _o q O O t¢ Il 374.69 C ~11t]' s„ 4- • n•wiP IPn.aY tMl R R R Lane " . w ob E " or eK . i•° ~ K 10 a V 23 e°L aiQe gA dL a ~ ~ J ~ -e6w r ~'.r PRELIMINARY PLAT a i i~ h 4 Q r Wti W g O o k! p I i I_ aW tg s_ _J 600 h • _ . N 2~ o z a ~ u •a °u z ° s i oz P ~ s >u b ~ s acw •wuno. tyros , ~ Y d o _ F Iwa ~+i ro/wa / riowcPfns-I ll.i M 1 a.y I 111 II - ° 1 N C7 - \ r3~ ' O I F I1~ I III ~N \ O i~j o. I1~~40~ II I E j li~ g\ c~ `-~G O \ \ cL LJ U 1`1)'„ ~ I ~7y c _ ~ 81 I ~ ~ ~ ym ~ y y u1 t7 Ct C C Cl l \ l~ C \ - - b O l l - F- \ ~ NL oo« I 3 - ` 9 N p e «1 I J _ I I h O ~ h \ \ C7 =M1~ , hl ~ 11111 , ~ r ~C ll \ l 1KS[,iw~ b OI 4 _ \ i : -1SY3 ! hi I \ use \ Ao- -WW, ..K.•O.GIL .y1f knxjn \ ~OZ LSIo ~ 1 Q E,}I3,AO,rr,6&Nz 1-/^ /A/ / \ - _ _ 3100/x_895________ 1A/'I /1 •I-AII II 77 III{/`- (.0 M°O.O .OF) .f.~W 'W p }IIIIIIIYD ^ ^ _ _ .:b •'v ylvv" v•r " ~ 4'~..:i I0-6 O I