The URL can be used to link to this page

05/21/2002 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING May 21, 2002 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA A. APPROVE Minutes B. PERSONNEL Items C. RATIFY Check Registers for May 9, 2002 and May 16, 2002 `D. APPROVE 2002-2003 Service Station License Renewals EE. APPROVE 2002 New Commercial Fertilizer Applicators Licenses ' F. APPROVE 2002 Amusement Device License Renewal G. APPROVE 2002 Massage Therapy Establishment License Renewal H. DECLARE Obsolete Monitors and CPU's as Surplus and Approve as Donation 1. APPROVE Findings of the Fish Lake Clean Water Partnership Project Final Report ..C J. APPROVE Lebanon Hills Regional Park Wetland Replacement Plan •i~ K. APPROVE Change Order for Central Park Rotary Bandshell L. APPROVE Purchase Agreement for 3822 Beau D'Rue Drive APPROVE Final Payment - Conway Construction, Project 838 N. APPROVE Final Plat - Pinetree Forest Second Addition - Royal Oaks Realty O. APPROVE Extension for Recording the final plat of YMCA 2°d Addition - JBL Companies P. RECEIVE Bids and Award Contract for Contract 02-13 (Evergreen Park - July 2000 Storm Sewer Improvements) y~V{/Q. RECEIVE Bids and Award Contract for Contract 02-15A (Community Center Storm Sewer r 7 Y Improvements) f YrR. APPROVE Easement Agreement for Project 751 R, Biros/Woida Property (Dodd Road - Street and Utility Improvements) 1f` S. RECEIVE Bids and Award Contract for Contract 02-16 (Cedar Grove Access Modifications - Building Demolition) APPROVE Resolution Endorsing the Dakota County Big Rivers Regional Trail Extension and Enhancement Project. U. APPROVE New Tree Contractor License V. APPROVE New Tobacco License W. APPROVE Change Order No. 3 for Contract 01-13 (July 2000 Storm Mitigation Improvements) X. APPROVE Change Order No. 3 for Contract 01-04 (Central Parkway - Street & Utility r Improvements) 19, Y. APPROVE Documents related to the issuance of revenue bonds for the YMCA of Greater St. Paul under Minnesota Statutes, Sections 469.152 through 469.165. V. 6:30 - PUBLIC HEARINGS SSA. BUILDING MOVE PERMITS (3) for houses to be located within the Natures Edge subdivision. v B. VARIANCE - Jeff and Kimberly Wilson - An eight foot variance to the required 30 foot front p yard setback for the construction of a garage addition on Lot 8, Block 1, Lexington Square 2°a I Addition, located at 3927 Boston Court in the NW of Section 23. P / 0 1 C. VARIANCE - Neal Grass, A six foot variance to the required 30 foot front yard setback for the 101C. construction of an open porch on Lot 17, Block 9, Cedar Grove No. 1, located at 2037 Emerald Lane in the SE '/4 of Section 19. VI. OLD BUSINESS VII. NEW BUSINESS ''a A. PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT - CLIFF ROAD PROPERTIES - A Preliminary Subdivision (Cliff Lake Centre 3`d Addition) of approximately 6.57 acres to create two lots and a Preliminary Planned Development for commercial retail and services on property legally described as Outlot B, Cliff Lake Centre, located on the comer of Cliff Lake Road and Rahn Road in the SW of Section 29. B. PRELIMINARY SUBDIVISION - DELTA DEVELOPMENT - A Preliminary Subdivision (Nicols Ridge) consisting of 37 lots on approximately 9 acres located along the south side of Beau D' Rue Drive, in the NE of Section 19. / C. ORDINANCE AMENDMENT - CITY OF EAGAN - An Ordinance Amendment for a complete Update of Chapter 11 Entitled "Land Use Regulations (Zoning)". piD. ORDINANCE AMENDMENT - CITY OF EAGAN - An Ordinance Amendment to the Eagan City Code Chapter 11 Entitled "Land Use Regulations (Zoning)" Sec. 11.20, Subd. 2 adopting a new Zoning Map reflecting a Zoning Change of Bridle Ridge and Hills of Stonebridge Planned Developments to R-1 (Single Family Residential); including variances to existing parcels that do not meet R-1 bulk standard requirements. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. ADJOURNMENT XI. VISITORS TO BE HEARD (for those persons not on agenda) 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. This agenda is subject to change. 0`.9 MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 17, 2002 SUBJECT: AGENDA INFORMATION FOR MAY 21, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 17, 2002 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 21, 2002 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 May 7, 2002 regular City Council meeting and the May 7, 2002 Listening Session as presented or modified. ATTACHMENTS: • Minutes of the May 7, 2002 regular City Council meeting are enclosed on pages 3 through fl-- • Minutes of the May 7, 2002 Listening Session are enclosed on page. MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota May 7, 2002 A regular meeting of the Eagan City Council was held on Tuesday, May 7, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Mayor Awada suggested that an item regarding the issue of smoking in restaurants and bars (currently on the Administrative Agenda) be added to the Consent Agenda; an additional personnel item be added; item X under the Consent Agenda be removed; and consideration of a proclamation regarding Fahm Dafa Week be added to the Consent Agenda. Senior Planner Ridley announced that item A under Old Business (variance request by Gerald Bull) has been withdrawn by the applicant. Councilmember Fields asked that consent agenda item T be pulled from the consent agenda for a separate vote. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the April 16, 2002 regular City Council meeting, the April 16, 2002 Listening Session and the April 9, 2002 special City Council workshop as presented. B. Personnel Items: 1. It was recommended to approve the hiring of Evan Marshall as a Criminal Analyst in the Police Department. 2. It was recommended to approve the hiring of a person to be named as a Clerical Tech III in the Parks and Recreation Department. 3. It was recommended to approve the hiring of Alexis Drews, Lynn Streefland, Jeffrey Brooker, Delbert Keene, Anthony Davis, Jennifer Vo, Allen Wachter and Nicole Marxer as park maintenance workers. 4. It was recommended to approve the hiring of Frank Kocer as a seasonal ball field attendant. 5. It was recommended to approve the hiring of Marc Verbova as a seasonal forestry technician. 6. It was recommended to approve the hiring of Richard Runde, Tiffany Babich and Janna Gilbertson as seasonal technicians. 7. It was recommended to approve the hiring of Jasmine Abdullah, Alyxandria Barber, Christopher Buntjer, Melissa Buntjer, Meghan Doherty, Erick Johnsen, Gabrielle Johnson, Christie Mason, Michael Mason, Jill Matthews, Ben Menne, Katie Nelson, Justin Nelson, Rachel Nygaard, Alexander Phillips, Conor Pierce, Erin Severson, Lindsay Severson, Jessica Sjoberg, Amber Stevenson, Joe Wavrunek and Julie Wavrunek as part-time seasonal concessions workers. 8. It was recommended to accept the letter of resignation from Jenny Burwell, Clerical Tech III in Community Development 9. It was recommended to accept the letter of resignation from Chad Benson, Assistant Civic Arena Manager. 10. It was recommended to approve the hiring of Lori Kimball as a Clerical Tech III in the Parks and Recreation Department. C. Ratify Check Registers. It was recommended to ratify the check registers dated April 18, 2002, April 26, 2002 and May 2, 2002 as presented. D. Employer Appreciation Day. It was recommended to approve the proclamation proclaiming May 16, 2002 as Employer Appreciation Day. E. LCTS Grant. It was recommended to approve submission of Local Collaborative Time Study (LCTS) . funds to continue to support Youth Development Programs; and acceptance of funds. F. 2002 Commercial Fertilizer License Renewal. It was recommended to approve 2002 Commercial Fertilizer License for S&S Tree Specialist, 405 Hardman, S. St. Paul, MN. 3 Eagan City Council Meeting Minutes DRAFT May 7, 2002 Page 2 G. Public Hearing Date - Delinquent False Alarm Bills. It was recommended to set a public hearing for June 4, 2002 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. H. Public Hearing, Date -Delinquent Weed Cutting Bills. It was recommended to set a public hearing for June 4, 2002 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. 1. Surplus Property. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the City auction on May 18, 2002. J. Temporary Malt Liquor License. It was recommended to approve a temporary malt liquor license for the Eagan lions Club an waive the $25.00 license fee. K. Temporary Liguor License. It was recommended to approve a temporary on-sale liquor license for the Eagan Foundation and waive the $150 license fee. L. Contract 02-09. It was recommended to receive the bids for Contract 02-09 (Central Parkway Phase II/Central Park Site - Street, Utility Improvements), award the contract to Ingram Excavating for the bid in the amount of $825,041.35, and authorize the Mayor and City Clerk to execute all related documents. M. Contract 02-11. It was recommended to approve Amendment to Award of Contract 02-11 (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. N. Contract 02-08. It was recommended to approve the plans for Contract 02-08 (Kennerick Addition - Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 30, 2002. 0. Project 868. It was recommended to authorize the solicitation of Request or Proposals for Design services for Project 868, Coachman Water Treatment Plant (Expansion). P. Proiect 800R. It was recommended to approve Amendment to Pending Assessment Roll for Project 800R (Cedar Grove Access Modifications - Street Intersection Reconfiguration and Streetscaping) and authorize the Mayor and City Clerk to execute all related documents. Q. Contract 02-04. It was recommended to approve Amendment to Award of Contract 02-04 (Citywide Trail Improvements / Skyline Road Trail Improvements), and authorize the Mayor and City Clerk to execute all related documents. R. Contract 02-15A. It was recommended to approve the plans for Contract 02-15A (Community Center Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 11:30 a.m. on Thursday, May 16, 2002. S. Easement Vacation, Final Subdivision (Blue Ridge Fourth Addition) - CSM Properties, Inc. It was recommended to: • Approve a Vacation of public Drainage and Utility Easements on Lot 1, Block 1, & Lot 2, Block 2, Blue Ridge Second Addition located at 2945 Lone Oak Drive in the SW of Section 1. • Approve a Final Planned Development to allow the construction of a 54,000 square foot office/showroom/warehouse building on property located at 2945 Lone Oak Drive in the SW 'h of Section 1. • Approve a Final Subdivision (Blue Ridge Fourth Addition to create two lots on property legally described as Lot 2, Block 2, Blue Ridge Second Addition, located south of Lone Oak Drive (2945 Lone Oak Drive) in the SW '/4 of Section 1. T. REMOVED FROM CONSENT AGENDA FOR SEPARATE VOTE. Final Subdivision. It was recommended to approve a Final Subdivision (Natures Edge) to create 17 lots for single family dwellings and one outlot on 10.04 acres located on Dodd Road south of Cliff Road (4665 and 4635 Dodd Road) in the NW of Section 36. U. Final Subdivision. It was recommended to approve a Final Subdivision (Sunset 13' Addition) to create four lots on 2.2 acres located at 785 Golden Meadow Road, legally described as Lot 7, Block 1, Sunset Third Addition, in the NW of Section 25. V. Final Subdivision. It was recommended to approve a Final Subdivision (Verdant Hills 3'd Addition) to create two lots on property located south of Woodland Court and east of Wescott Woodlands in the NW of Section 14. W. Final Subdivision and Final Planned Development. It was recommended to Eagan City Council Meeting Minutes DRAFT May 7, 2002 Page 3 • Approve a Final Subdivision to create 31 lots for construction of 30 detached townhomes units on 6.64 acres located south of Diffley Road and east of Johnny Cake Ridge Road in the NW of Section 28. • Approve a Final 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 of Section 28. X. REMOVED FROM AGENDA APPROVE extension for the recording of YMCA 2nd Addition - JBL Companies Y. Acquisition of Property. It was recommended to approve the acquisition of the Langstraat Property at 1250 Deerwood Drive. Z. 2002 New Tree Contractor Licenses. It was recommended to approve 2002 new Tree Contractor Licenses for Vertical Perfections, 13705 Washburn Avenue, Burnsville, MN and Thomas Tree, 4389 Pleasant Street, Prior Lake, MN. AA. Change Order #2. Eagan Community Center. It was recommended to approve Change order number 2 for Eagan Community Center in the amount of $7,585.00. BB. Contract 01-12A. It was recommended to receive the bids for Contract 01-12A (July 2000 Storm Mitigation - Landscaping Improvements), award the contract to North Country Landscape for bid for Parts 1 and 2 in the amount of $10,218.00 and award contract to Switzer's Nursery and Landscaping Inc. for the bid for Parts 3 and 4 in the amount of $49,995.00 and authorize the Mayor and City Clerk to execute all related documents. CC. Proclamation - It was recommended to proclaim the week of May 13 - 19 as Falun Dafa Week. DD. Smoking, in Restaurants and Bars. It was recommended to adopt a resolution deferring action on the issue of smoking in restaurants and bars until statewide regulations are adopted. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 1 Bakken opposed item CC due to the proclamation relating to a specific religion. T. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Final Subdivision of Natures Edge - Manley Land Company. Ayes: 4 Nay: 0 Fields abstained. PUBLIC HEARINGS VARIANCE - RICK SKLUZACEK (1000 KETTLE CREEK ROAD) City Administrator Hedges introduced this item regarding a request for a variance to the maximum 20 percent building coverage standard in Residential zoning districts for construction of a 224 square foot addition on property located at 1000 Kettle Creek Road. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. The applicant discussed the need for his variance request. Councilmember Carlson asked Mr. Skluzacek if he had discussed the issue with his neighbors. Mr. Skluzacek stated he was not aware of any opposition from his neighbors. There being no further public comment, Mayor Awada closed the public hearing and tamed discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a 2 percent Variance to the maximum 20 percent building coverage standard in residential zoning districts for the construction of a 224 square foot addition on property located at 1000 Kettle Creek Road (Lot 12, Block 2, Lexington Square 7'h Addition) in the NW of Section 23 subject to the following conditions. Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance sop Eagan City Council Meeting Minutes DRAFT May 7, 2002 Page 4 2. Lot coverage shall not exceed 22 percent. ISSUANCE OF YMCA OF GREATER ST. PAUL REVENUE BONDS City Administrator Hedges introduced this item regarding a request by the YMCA of Greater St. Paul to issue revenue bonds under the City's name. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the issuance of revenue bonds for the YMCA of Greater St. Paul under Minnesota Statutes, Sections 469.152 through 469.165. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item regarding approximately 280 utility bill accounts with delinquent payments, with an assessable amount of $48,716.94. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve certification of delinquent utility accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0 CERTIFICATION OF CLEAN UP AT 4391 GARDEN TRAIL City Administrator Hedges introduced this item regarding a delinquent payment of $4,539.84 for clean up at 4391 Garden Trail. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve certification of clean up at 4391 Garden Trail to Dakota County for collection with property taxes. Aye: 5 Nay: 0 WELL HEAD PROTECTION INVENTORY City Administrator Hedges introduced this item regarding the intent of the Wellhead Protection Plan. Public Works Director Colbert gave a staff report. He then introduced Robin Robinson, Department of Health, who made a presentation regarding the Wellhead Protection Rule. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to acknowledge the intent of the Wellhead Protection Plan and authorize the implementation of the inventory and evaluation of the delineation areas. Aye: 5 Nay: 0 PROJECT 813, CENTRAL PARKWAY, STREETSCAPING AND LIGHTING City Administrator Hedges introduced this item regarding Project 813, Central Parkway, Streetscaping and Lighting. John Larson of SRF made a presentation. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Mayor Awada acknowledged and commented on the letter received 6 Eagan City Council Meeting Minutes DRA F 1 May 7, 2002 Page 5 from Lockheed Martin and proposed to amend the assessment roll removing Lockheed under the terms of a previous agreement. Public Works Director Colbert presented several options for acquiring the necessary easements from Lockheed. They included condemnation, project scope reduction and/or Council consideration of amending the assessment roll if Lockheed dedicated the required easements. Mayor Awada moved, Councilmember Fields seconded a motion to approve Project 813, Central Parkway (Streetscaping and Lighting) and authorize the preparation of detail plans and specifications, with future consideration of amending the assessment roll after easements have been dedicated. Aye: 5 Nay: 0 OLD BUSINESS CONTRACT 01-05, CEDAR GROVE ACCESS MODIFICATIONS City Administrator Hedges introduced this item regarding Contract 01-05, which provides for the reconstruction and realignment of the Silver Bell/Beau D' Rue / Cedarvale Boulevard intersections along with that portion of Silver Bell Road, north of Highway 13 to accommodate the proposed redevelopment of the greater Cedarvale area. Public Works Director Colbert gave a staff report explaining the need to extend the original proposed bid letting date to allow additional time for staff to resubmit the plans through MnDOT State Aid due to the deletion of the Highway 13 improvements. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Plans and Specifications for Contract 01-05 (Cedar Grove Access Modifications) and authorize the advertisement for a bid opening to be held at 10:30 a.m. June 13, 2002. Aye: 5 Nay: 0 CONTRACT 01-13, JULY 2000 STORM MITIGATION IMPROVEMENTS City Administrator Hedges introduced this item regarding an easement acquisition agreement with Parkview Golf Course Associates. Public Works Director Colbert gave a staff report and summarized the more significant terms of the easement acquisition agreement required by Parkview Golf Course Associates. Councilmembers discussed the suggested changes and options. It was the general feeling of the Council that a deal had been reached with the golf course previously and the City should not agree to the additional demands and not proceed with the project. Public Works Director Colbert stated he would like to see the project move forward from a construction standpoint for the benefit of the neighborhood. Councilmembers stated they felt they had been taken advantage of, but for the benefit of the neighboring property owners, the agreement will be approved. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the acquisition agreement with Parkview Golf Course Associates and approve Change Order No. 2 to Contract 01-13 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OUTLOT A, PINETREE FOREST - ROYAL OAKS REALTY City Administrator Hedges introduced this item regarding the release of an option to purchase Outlot A, Pinetree Forest, by the City. Senior Planner Ridley gave a staff report. Public Works Director Colbert discussed the alignment options and right of way needs for the possible new street connection of 120' Street to Highway 3. Councilmember Carlson moved, Councilmember Fields seconded a motion to release the option on Outlot A, Pinetree Forest. Aye: 5 Nay: 0 RECONSIDERATION OF COMPREHENSIVE GUIDE PLAN AMENDMENT - MARK GERGEN City Administrator Hedges introduced this item regarding a request for reconsideration of a Comprehensive Guide Plan Amendment to change the land use designation on Lot 3, Block 1, Blackhawk Plaza. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes DRAFT May 7, 2002 Page 6 Councilmember Bakken stated he is opposed to the reconsideration of the Comprehensive Guide Plan Amendment. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the reconsideration of a Comprehensive Guide Plan Amendment to change the land use designation on Lot 3, Block 1, Blackhawk Plaza, located at 4150 Blackhawk Road in the SW of Section 19. Aye: 4 Nay: 1 Bakken opposed. Mark Gergen, applicant, waived the 60 day agency action requirement. PLANNED DEVELOPMENT AMENDMENT - COLLIERS TOWLE REAL ESTATE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow signage on the south elevation of a multi-tenant retail building located at 3090 Courthouse Lane. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow signage on the south elevation of a multi-tenant retail building located at 3090 Courthouse Lane, legally described as Lot 2, Block 2, Oakview Center, in the NW of Section 12 subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed ad recorded against the property at Dakota County. 2. Building signage on the east elevation shall be prohibited. 3. Two three-foot by 17-foot signs shall be allowed on the south elevation, only for the two tenants occupying the south end-cap space of the building. 4. All wall signage shall be individual backlit letters. NEW BUSINESS CONDITIONAL USE PERMIT - DR. MARGARET MACRAE City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow a kennel on property located at 4940 Dodd Road. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a kennel on property located at 4940 Dodd Road in the SW 1/4 of Section 36, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant must maintain a current kennel license issued by the City. 3. No boarding of animals for commercial purposes may occur on the property. 4. The number of animals being kept on the property as part of this kennel permit shall not exceed 22 dogs, 25 cats, and 12 rabbits. 5. The operations of the kennel must comply with the standards in Chapter 110 of the City Code regarding the keeping of animals. CONDITIONAL USE PERMIT - A.L.M. INC DBA BURKER KING OF EAGAN City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to add a second drive-through service lane at the Burger King located at 1275 Town Centre Drive. Senior Planner Ridley gave a staff report. Councihnembers and Alan Martinson, representing Burger King, discussed the access to the property and traffic congestion on Town Center Drive. Public Works Director Colbert stated that the traffic issues in the area will be addressed in the near future. 8' Eagan City Council Meeting Minutes May 7, 2002 DRAFT Page 7 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to add a second drive-through service lane at the Burger King located at 1275 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 3`d Addition, in the NW '/4 of Section 15, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The second drive-through lane shall be designed and constructed in accordance with the site plan. 3. The site shall be allowed one menu board for each drive-through lane, each menu board shall not exceed a size of eight feet wide by 4.5 feet high (total structure height not to exceed seven feet.) No advertising signage shall be attached to the menu boards or placed adjacent to the menu boards. 4. Landscaping shall be installed along Yankee Doodle road as indicted on the site plan. 5. Additional landscaping shall be installed along Denmark Avenue to provide some screening of the stacking lanes and the parking lot. The applicant shall revise the site plan to include this additional landscaping prior to recording the Conditional Use Permit. CONDITIONAL USE PERMIT - 935 ALDRIN LLC City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow the outdoor storage of warehouse merchandise on property located at 935 Aldrin Drive. Senior Planner Ridley gave a staff report. It was noted that the Advisory Planning Commission recommended denial of the Conditional Use Permit. Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny a Conditional Use Permit to allow the outdoor storage of warehouse merchandise on property located at 935 Aldrin Drive (Lot 2, Block 1, Eagandale Corp. Center No. 3) in the SE of Section 11. Gary Santoorjian, applicant, discussed the business' need for outdoor storage. He requested, that should the Council feel the proposal should not be approved, an extension be granted to allow time for revisions to be made to the proposal. He further stated he wished to waive the 60 day agency action requirement. Councilmembers agreed, the issue, when revised, be returned to the Advisory Planning Commission for review. Councilmembers discussed their concerns and suggested changes with the applicant. Councihmember Carlson withdrew the motion. Councilmember Tilley moved, Councilmember Carlson seconded a motion to continue consideration of a Conditional Use Permit for 935 Aldrin LLC until no later than the July 2, 2002 Council meeting. Aye: 5 Nay: 0 INTERIM USE PERMIT - PAHL'S MARKET City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to erect two temporary greenhouses for the growth and sale of plants on property located at the southwest corner of the intersection of Cliff Road and Dodd Road. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an Interim Use Permit to erect two temporary greenhouses for the growth and sale of plants on property located at the southwest corner of the intersection of Cliff Road and Dodd Road in the NW of Section 36, subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on June 30, 2004. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the Eagan City Council Meeting Minutes L)RAFr May 7, 2002 Page 8 noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The use shall comply with the standards for Temporary Outdoor Events and Seasonal Outdoor Sales as provided in the City Code. 5. The greenhouses shall be allowed on the property from March 1 through June 30 each year. The greenhouses, fence, and other related items must be removed from the property by June 30 each year. 6. A building permit must be obtained from the City prior to erecting the greenhouses each year. 7. The proposed greenhouse structures shall maintain the required setback from the new roadway easement of Dodd Road, as well as from the roadway easement of Cliff Road. 8. The proposed parking areas shall be surfaced with a gravel aggregate material of type and thickness acceptable to City Engineering staff. 9. The applicant shall remove the driveway access to Cliff Road prior to operation in calendar year 2003. 10. All signage is subject to compliance with the City's Sign Code. 11. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than five percent of the total lot so as not to interfere with pedestrian safety, vehicular movement, and emergency access and existing business activities. COMPREHENSIVE GUIDE PLAN AMENDMENT - DIEDRICH BUILDERS, INC. City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish a Medium Density land use guide plan designation upon 5.21 acres of land located north of Diffley Road and west of Highway 77. Senior Planner Ridley gave a staff report. Councihnember Tilley moved to direct that a Comprehensive Guide Plan Amendment to establish an MD, Medium Density land use guide plan designation upon 5.21 acres of land located north of Diffley Road and west of Highway 77 in the SW of Section 19, be submitted to the Metropolitan Council for review and approval. There was no second to the motion. Councilmember Bakken moved, Councilmember Fields seconded a motion to open the issue for debate. Aye: 5 Nay: 0 Bill Diedrich, Diedrich Builders, Inc. discussed a townhome development to be submitted in the future. Councilmembers agreed the units of the proposed development should be broken up into separate buildings vs. having seven or eight units per building, thus reducing the density of the project. Councilmember Bakken stated he would not be able to support the proposed land use designation change. Mr. Diedrich stated he would waive the 60 day agency action requirement to allow time to prepare a complete development proposal. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of the Comprehensive Guide Plan Amendment for Diedrich Builders, Inc. Aye: 5 Nay: 0 ZONING ORDINANCE AMENDMENT CONCERNING ACCESSORY STRUCTURES CITYOF EAGAN City Administrator Hedges introduced this item regarding an amendment to Chapter 11 of the Eagan City Code regarding accessory building and structure maximum square footage, height, and roof pitch and style. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Zoning Ordinance Amendment amending Chapter 11 entitled "Land Use Regulations (Zoning)" Section 111. 10, Subd. 5 Accessory Building and Structures concerning maximum square footage, height, and roof pitch and style of detached accessory structures and direct the City Attorney to publish the amendment in the legal newspaper. Aye: 5 Nay: 0 /10 Eagan City Council Meeting Minutes LWAFT May 7, 2002 Page 9 ADJOURNMENT Mayor Awada adjourned the meeting at 9:50 p.m. into a meeting of the Economic Development Authority. The City Council meeting was reconvened at 9:55 p.m. and then adjourned again at 10:00 p.m. into an Executive Session to discuss a matter of personnel and update on the status of contract negotiations with both the Police Officers and Police Sergeants. 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 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. l~ MINUTES OF A LISTENING SESSION ORAFT OF THE EAGAN CITY COUNCIL MAY 7 2002 6:00 P.M. The Eagan City Council held a Listening Session on May 7, 2002 at 6:00 p.m. Lee Racine, 3038 Cherrywood Court, requested his property be grandfathered in the regulations pertaining to accessory buildings prior to the existing moratorium on accessory structures. Mr. Racine appeared before the Council on March 4, 2002 requesting a conditional use permit for accessory building space in excess of 1100 square feet. His request was denied at that time. Mr. Racine requested that Council consider a 26 foot structure depth to accommodate the storage of a typical boat and trailer. Council agreed to discuss the issue of 26 foot accessory structure depth at the regular City Council meeting under the item pertaining to an ordinance amendment regarding accessory structures. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary / Deputy City Clerk /4;2 Agenda Information Memo May 21, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of David Guenther, David Streefland, Nicholas Casalenda, Erik Johnson, Anthony Wheeler and LeRoy Rother as seasonal park maintenance workers. Item 2. Seasonal Park Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Eric Hansen, Tom Irvin, Kevin Weber and Ryan Neumann as seasonal park workers. Item 3. Seasonal Horticulture Technicians-- ACTION TO BE CONSIDERED: To approve the hiring of Jay Buzenberg and Nicholas Ferlazzo as seasonal forestry technicians. Item 4. Seasonal Tree Inspector-- ACTION TO BE CONSIDERED: To approve the hiring of Keith Casiday as a seasonal tree inspector. Item 5. Seasonal Water Quality Technician-- ACTION TO BE CONSIDERED: To approve the hiring of Abby Korte as a seasonal water quality technician. Item 6. Resignation/Building Maintenance Worker-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Tom Weber, building maintenance worker. Item 7. Resignation/IT Assistant-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Teresa Pojman, IT Assistant. /S Agenda Information Memo May 21, 2002 Eagan City Council Meeting Item 8. Pay Equity Implementation Report-- ACTION TO BE CONSIDERED: To approve the submission of the pay equity implementation report to the Minnesota Department of Employee Relations. FACTS: • The City of Eagan is required, as are all jurisdictions in the State, to submit a pay equity implementation report to the Minnesota Department of Employee Relations every three years. • The current report is for the period ended December 31, 2001. • Due to the absence of the City's Human Resources Director for medical reasons, the City retained the services of the firm of Riley, Dettmann & Kelsey LLC to assist in completion of the report. An extension to the reporting deadline was also requested from the State. • Enclosed without page number is a copy of the cover page of the report and the data entry listing of reported positions for the City. Agenda Information Memo May 21, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 9, 2002 and May 16, 2002 as presented. ATTACHMENTS: • Check registers dated May 9, 2002 and May 16, 2002 are enclosed without page number. AGENDA INFORMATION May 21, 2002 CONSENT AGENDA: ITEM D: 2002 - 2003 SERVICE STATION LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2002 - 2003 Service Station License renewals for the following: Cedar Cliff Amoco Eagan Amoco Food & Fuel Oasis Market Oasis Market #518 Oasis Market #576 Oasis Market #594 Oasis Market #590 Oasis Market #375 SuperAmerica #4049 SuperAmerica #4182 SuperAmerica #4335 SuperAmerica #4464 Rudy's Sinclair Eagan E-Z Stop FACTS: • All applications for renewal have been reviewed by staff and deemed acceptable. AGENDA INFORMATION May 21, 2002 CONSENT AGENDA: ITEM E: 2002 NEW COMMERCIAL FERTILIZER APPLICATORS LICENSES ACTION TO BE CONSIDERED: Approve 2002 New Commercial Fertilizer Applicators License for Living Green Lawn Care, 1310 Laurel Ave, St. Paul FACTS: • The application has been reviewed by staff and deemed in order. ATTACHMENT: • A copy of the application is attached as page. I ofEagan For. 50.00 6-" Jq 3 Pilot Knob Road Year. ? C-O Z Eagan, MN 55122 APPLICATION FOR LICENSE COM[NURCIAL FER7UJUR APPLICATOR For person or firm that has a commercial applicator license blued by the State Agriculture Commissioner. L~vira 67men Lmw.,%C-Ace 131a Low rue Js~ 651-Eye-I~~~ Ilusiness ame or Company Street Address M Phone S i o y S -V . Pow 1 Cky state tip Z aJe A.,~-~cn i e ~~a~e•~ Business Contact Street Address Phone city state 7Jp REQUIRED DOCTIMENTATION: A descriptioa of lawn fertilizer for■sulations (nitrogen, phosphorus, potassium) proposed for use on lawns In Eagan by the applicant. A copy of the commercial applicator license bsused by the State Agriculture Commissioner. . CONDITIONS OF LICENSE: 1. The city shall conduct random sampling of any commercial lawn fertilize to be applied in the city at any time after the hoe= is issued The cost of sample analysis shall be paid by the eonzwrcial applicator if the phosphorus content is found to exceed xudxxized levels. 2. A copy of the license shall be in the possession of the licensee or its employees or agents when making fertilizer applications within the city. 3. No fertilizer applications may be made when the grand is fiw= or between November 15 and April 1. 4. Licensee or its employees or agents should not apply, spill or otherwise deposit fertilizer on impervious surfaces. All fertilizer shall be completely removed from the impervious surface before the licensee/employee/agent leaves the site. 5. Fertilizer applications shall not be made within 15 feet of the edge of a wetland, pond or lake. 6. Fertilizer content and application rate: • Fertilizer applications in the city cammot contain more them 3% by weight of phosphate expressed as P205. • Annual amounts shall not exceed .5 lb. of phosphate expressed as P205 per 1000 square feet of lawn area unless docunxmsed by a lawn soil pbospbonu test conducted by the University of Minnesota Soil Testing Lab and taken within the last two years. • The license must maintain a record of the pamds of phosphate expressed at P205 per 1000 square feet of land applied to each site during the year. I certify that I have read and understand the above conditions and as a licensee, I agree to comply with those conditions.. of Applicant Date Failure to comply with licensing requirements prior to applying fertWzer Is a abdemeasor. Now-compliance with licensing requirements is cause for termination of the license following a public bearing. OFFICE USE: RECEtrr 0 MIOtW • DATE TAM . AGENDA INFORMATION May 21, 2002 CONSENT AGENDA: ITEM F: 2002 AMUSEMENT DEVICE LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2002 Amusement Device License Renewals for Red Robin, Joe Senser's, and Old Chicago. FACTS: • The applications have been reviewed by staff and deemed in order. ~9 AGENDA INFORMATION May 21, 2002 CONSENT AGENDA: ITEM G: 2002 MASSAGE THERAPY ESTABLISHMENT LICENSE RENEWAL ACTION TO BE CONSIDERED: Approve 2002 Massage Therapy Establishment License renewal for Midwest Facial Plastic Surgery and Aesthetic Skin Care. FACTS: • The application has been reviewed by staff and deemed in order. av Agenda Information Memo May 21, 2002 H. DECLARE OBSOLETE MONITORS & CPU'S AS SURPLUS & APPROVE AS DONATION ACTION TO BE CONSIDERED: To approve the donation of obsolete monitors and cpu's. FACTS: This property has no s?!vagc vahle. Donation is least expensive alternative. ~1 CPU's Eagan Asset # Serial # Model # 3665 3137A12312 Vectra 386/25 3666 3121 A09142 Vectra 386/25 3808 3328A00847 HP Vectra 486/66 VL 3873 3325503762 HP Vectra 486/25M 3885 3405A0121 HP Vectra 486/66VL 4015 3418500329 HP Vectra 486/66M 5019 3430A02181 HP Vectra M2 4/66 5036 3443A01512 HP Vectra M2 4/100 5216 US54554982 HP Vectra VL3/75 5269 SG53300232 HP Vectra XU 5C/120 5271 3507A04599 HP Vectra VL3/90 5295 US55052209 HP Vectra VL4/100 5298 US 55052236 HP Vectra VL4/100 5306 US55052270 HP Vectra VL4/100 5308 US55052226 HP Vectra VL4/100 5432 US61561807 HP Vectra VL5/120 5434 US61562311 HP Vectra VL4/120 5435 US61562362 HP Vectra VL4/120 5494 US62763005 HP Vectra VL4/166 5533 US63058164 HP Vectra VL4/150 5536 US64157783 HP Vectra VL4/133 5617 US63064495 HP Vectra VL4/150 5645 0006496519 Gateway P5-166 5671 0006868589 Gateway P5-166 5673 US71250729 HP Vectra VL 5680 US71652101 HP Vectra VL4/166 5685 U570956417 Vectra VL5/200 5691 0006868589 Gateway P5-166 5692 0006868590 Gateway P5-166 3988 3344503939 CPU HP Vectra VL Monitors Eagan Asset # Serial # Model # 3722 8849J38448 HP KR43499125 HP 4024 KR32249358 HP 3710 9132J40579 HP JP53119531 HP 5823 7507430ED NEC KR30521799 HP 3685 KR23439013 HP 3701 9009J25082 HP 3667 9121J27143 HP KR61660143 HP 5679 KR64435592 HP 0119 Agenda Information Memo May 21, 2002 Eagan City Council Meeting L APPROVE FINDINGS OF THE FISH LAKE CLEAN WATER PARTNERSHIP PROJECT FINAL REPORT Action to be Considered: Accept Fish Lake Clean Water Partnership Project final report and officially authorize completion of the grant project. Acknowledge that water quality challenges of Fish Lake remain and that priority management of the lake needs to continue indefinitely into the future. FACTS: • In 1995, the Minnesota Pollution Control Agency awarded the City of Eagan financial support for a Clean Water Partnership Project, with a grant of $48,985 and a no-interest loan of $51,250 to implement a $252,795 project on Fish Lake. The purpose of the project was to improve lake water quality through a collection of best management practices and capital improvement projects. The effective time span of the project extended from July 1995 through August 2000. • Fish Lake, a 28.4-acre waterbody, is an important local and regional water resource, serving the public as a popular recreational amenity and as a component of the Eagan stormwater drainage system. It is one of only six Class-I (Direct Contact) waterbodies, according to the Eagan water quality management plan. However, the lake fell short of the water quality management criteria of that class when the plan was completed in 1990. • A diagnostic/feasibility study in 1993 found Fish Lake to be among the highest 20 percent of lakes in Minnesota's Central Hardwoods Ecoregion, in terms of chlorophyll a concentrations and blue-green algae dominant summer blooms. The study also concluded that over half of the addition of phosphorus (which feeds algae) to the lake is from the main branch of the City stormwater system. About 80 percent of the phosphorus addition occurs during the spring-summer period from March through August. Thus, an ambitious, long-term management goal to reduce growing-season average total phosphorus by almost 60 percent was established. The study concluded that achieving this reduction would restore Fish Lake to a condition with partially supported swimming, improved aesthetics and fishing opportunities, and reduced severe algal blooms and excessive macrophyte growth. • Subsequent to the diagnostic/feasibility study, an evaluation of alternatives was conducted. The approved implementation plan of the project included 10 main elements: 1) public information and education, 2) street sweeping, 3) alum injection system, 4) aquatic plant management, 5) bypass of Pond JP-I5, 6) sediment sealing, 7) evaluation of lawn chemical regulations, 8) shoreland management/aquascaping, 9) detention basin management, and 10) monitoring. Although three of the work plan elements were not implemented within the timeline of the grant project, they remain in the City's water quality capital improvements a0602 plan, to be implemented in the future as deemed timely and appropriate by the City. During the period summarized by the 107-page final report, fish also were stocked in the lake. • Study results indicate that the effective watershed of Fish Lake increased about 3 percent from 1993 to 2001, primarily as single-family residences and associated impervious streets, driveways, etc.. Almost 138 percent more stormwater ponding area and 34 percent more stormwater ponding volume than was minimally needed were created during this expansion. Over the study period, both modeled additions of phosphorus to the lake and measured in- lake phosphorus levels decreased slightly. • During the 1991-2001 period, targets of water clarity established by the water quality management plan were exceeded seven times. Over the past two years, the measured water quality index for the lake exceeded water quality goals for the lake. Increases in stormwater storage, operation of the alum treatment facility, and curlyleaf pondweed control are considered the primary causes of this improvement. • Despite these very positive indicators, however, challenges remain. Additional residential development in the Fish Lake watershed in the future will increase the potential for phosphorus to enter the lake. Curlyleaf pondweed, an exotic macrophyte that is now established, adds phosphorus to the lake when it decays in early summer. • Public education in the watershed was reasonably effective between 1994 and 1997. Significantly more respondents knew pertinent information and reported following suggestions for reducing nonpoint source pollution. However, hardly any respondents indicated they had changed specific lawn care practices to reduce pollution further. • Specific recommendations of the final report include: 1. Public education activities, primarily within the direct drainage but also the entire watershed, should continue via assistance from volunteers and other methods. Regardless of its relatively moderate success, a watershed education program needs increased emphases on changing lawn care practices. 2. A feasibility study to determine the best way to improve the function of City Pond JP- 15 and Hurley Lake to treat stormwater should be considered. 3. The City should continue to manage Fish Lake as a bass-panfish lake, to operate winter aeration as needed, and to promote catch-and-release fishing. Consideration should be given to providing canoes at the access. This would support and further develop two of the lake's targeted recreational uses: canoeing and fishing. 4. Because of the large phosphorus loads to Fish Lake from the I-1 trunk sewer and the small size of Fish Lake (30 acres), the continued operation of the Fish Lake alum treatment facility is needed to achieve and maintain good water quality in Fish Lake. Future operation of the alum treatment system needs to be focused on helping to achieve lake water quality objectives while minimizing the use of alum and the c2.3 production of alum floc. The future performance of the system needs to be evaluated through continued monitoring of inflows and outflows of the system and through monitoring of Fish Lake. Future operation of the system should be optimized through periodic evaluation of the alum dose and improvements to JP-47 for efficient alum floc capture and disposal. • This issue is scheduled to appear before the Advisory Parks Commission on May 20, 2002. They will be requested to consider: 1) the Council accept findings of the Fish Lake Clean Water Partnership Project final report and 2) recommend the Council officially authorize completion of the grant project. The Commission will also consider recommending the City Council acknowledge that water quality challenges of Fish Lake remain and that priority management of the lake needs to continue indefinitely into the future. ATTACHMENTS: None c Agenda Information Memo May 21, 2002 Eagan City Council Meeting J. APPROVE LEBANON HILLS REGIONAL PARK WETLAND REPLACEMENT PLAN ACTION TO BE CONSIDERED: Approve wetlands replacement plan of Dakota County Parks for Lebanon Hills Regional Park FACTS: • Dakota County Parks is developing a new entrance road and improving parking lots to support a new visitor-interpretive center and trailhead facility at Lebanon Hills Regional Park. The project is also intended to address inadequacies of the existing entrance drive, which has reoccurring flooding problems, conflicts with long-term water resource planning and ecological restoration in the park, and is poorly located for safe, full-movement access to this area of the park. • A development project is proposed to include 6,000 square-foot visitorrinterpretive center and trailhead facility accessed by a new meandering entrance road. The total wetland impacts are 20,305 square feet (0.46 acre) of fill among six wetlands directly adjacent to proposed facility and road. The proposed replacement plan includes 21,297 square feet (0.51 acre) of on-site stormwater treatment and buffer areas and 20,305 square feet of off-site replacement wetland through withdrawal from the County's wetland banking account. • This issue is under decision authority of the City of Eagan, which is the local government unit implementing the Minnesota Wetland Conservation Act. The County has made reasonable efforts to avoid and minimize impacts to the wetlands in the design of the road and facility. A technical evaluation panel of agency representatives from Dakota County Soil and Water Conservation District, Minnesota Department of Natural Resources, Board of Water and Soil Resources, and the City of Eagan has reviewed and approved this proposal at the technical staff level. Attachments: None e~ Agenda Information Memo May 21, 2002 Eagan City Council Meeting K. APPROVE CHANGE ORDER NUMBER ONE: BANDSHELL ACTION TO BE CONSIDERED: Approve Change Order # 1 for the construction of the Bandshell in the amount of $32,717. FACTS: • The bandshell was originally designed to mirror the exterior of the Community Center brick • The City Council has previously directed that the Community Center incorporate the Minnesota Stone as an exterior and that the Bandshell also be changed to this surface element. An allowance has previously been established for this change • The following contracts are affected by the change order: Supply stone and installation Add to contract #2 Gressor Concrete $30,293 Supply miscellaneous metals and structural support Add to contract #4 Ben's Tool and Metal $ 1,040 Install structural steel and metals Add to contract #5 Hawk and Sons 1,384 Total $32,717 ATTACHMENTS: • None o 06 Agenda Information Memo May 21, 2002 Eagan City Council Meeting L. APPROVE PURCHASE AGREEMENT FOR 3822 BEAU D'RUE DRIVE ACTION TO BE CONSIDERED: To approve the purchase agreement for 3822 Beau D'Rue Drive and declare that the City intends the acquisition to be eligible as a reimbursable expense as part of the Cedar Grove Tax Increment Finance Redevelopment District. FACTS: • Project 800, a project approved by the City Council for street improvements at the intersection of Silver Bell Road and Beau d' Rue Drive, requires the acquisition of several single-family residential properties and commercial properties. • The City has reached an agreement with the homeowners at 3822 Beau D'Rue Drive for the purchase of their property. A copy of the signed agreement will be provided prior to the meeting on June 5. • The property is within the Cedar Grove Tax Increment Financing Redevelopment District and the City intends to collect reimbursement of acquisition expenses with the tax increment generated by new development. ATTACHMENTS: • A copy of the purchase agreement is attached on pages X through a~ PURCHASE AGREEMENT The undersigned, THE CITY OF EAGAN, hereinafter referred to as "Buyer", hereby agrees to purchase from TONG YIA LOR and LIA LOR YANG, husband and wife, hereinafter referred to as "Sellers", interest in real estate located at 3822 Beau D'Rue Drive, Eagan, Minnesota 55122-1401 and legally described as follows: Lot 5 Block 1, Langhoven Addition (the "Real Property"), upon the terms and conditions hereinafter set forth: 1. Personal Property Included in Sale. The following items of personal property and fixtures owned by Sellers and currently located on the Real Property ("Personal Property") are included in the sale: garden bulbs, plants, shrubs, trees, storm windows and inserts, storm doors, screens, awnings, window shades, blinds, curtains-traverse-drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built-in humidifiers, built-in conditioning units, built-in electronic air filters, automatic garage door openers with controls, television antennas, water softeners, built-in dishwashers, garbage disposals, build-in trash compactors, built-in ovens and cooking stoves, hood-fans, intercoms, installed carpeting, work benches and security systems. The Real Property and Personal Property together constitute the entire property contemplated by this transaction ("Property"). Prior to vacating the Property, Sellers shall remove all items of Personal Property not included in the sale. Sellers shall also remove all hazardous materials, including but not limited, all tires, batteries, chemicals, etc. prior to vacating the Property. 2. Purchase Price. The purchase price for the Property shall be One Hundred Eighty- Four Thousand Nine Hundred and 00/100 Dollars ($184,900.00), which includes a relocation "Replacement Housing Payment", incidental closing costs on a replacement dwelling and interest rate differential as mutually agreed to by Buyer and Sellers. In addition to the purchase price, Buyer shall receive an additional sum of One Thousand Nine Hundred and No/I 00 Dollars ($1,900.00) for a2 or relocation benefits. A summary of the relocation benefits is attached hereto as Exhibit "A." This amount shall be paid directly to Sellers within ten (10) days after they have vacated the Property. 3. Payment of Purchase Price. The purchase price shall be paid in cash or certified funds on or before the date of closing. 4. Title and Remedies. The Sellers shall, within a reasonable time after execution of this Agreement, furnish an Abstract of Title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and state and federal judgments and liens or, if no abstract can be located, Sellers may provide a commitment for an ALTA Owner's Policy of Title Insurance for the full purchase price. The Buyer shall be allowed ten (10) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, the Sellers shall be allowed 30 days to make such title marketable. Pending correction of title, the payments hereunder shall be postponed, but upon correction of title and within 10 days after wrtten notice to Buyer, the parties shall perform this Agreement according to its terms. If said title is not marketable and is not made so within 30 days from the date of written objections thereto as above provided, this Agreement shall be null and void, at the option of the Buyer, and neither party shall be liable for damages hereunder to the other party. All earnest money theretofore paid by the Buyer under this Agreement shall be refunded. If the title to said property shall be found marketable or shall be so made within said time, and said Buyer shall default in any of the agreements and continue in default for a period of 10 days after written notice to Buyer, and in that case, the Sellers may terminate this Agreement and on such termination all the payments made upon this Agreement shall be retained by said Sellers and said agent, as their respective interest may appear, as liquidated damages, time being of the essence hereof. 2 5. Right-of-Entry. Buyer may enter upon the Real Property for the purposes of making soil tests and/or any other tests contemplated by its proposed use of the Real Property. Buyer shall also be allowed to enter upon the Real Property to perform road construction work and/or other construction activities contemplated by Buyer's proposed use of the Real Property. Following the date of closing, Sellers agrees to allow Buyer to enter upon the Real Property provided Buyer provides twenty-four (24) hours prior notice to Sellers. 6. Real Estate Taxes. Real Estate taxes for all years prior to the year of closing shall be Sellers' responsibilities. Real estate taxes due and payable in the year of closing shall be prorated to the date of closing. Buyer shall be responsible for the real estate taxes in payable in 2003 and all subsequent years. 7. Special Assessments and Development Charges. Sellers shall be responsible for any special assessments, levied as of the date of this Agreement. 8. Contingencies. This Purchase Agreement shall be contingent upon the approval of this Purchase Agreement by the City Council of the City of Eagan and the results of any environmental tests to be conducted by Buyer before closing, including but not limited to, a Phase I environmental study. If Buyer, in its sole discretion is not satisfied with the results of such environmental tests, Buyer shall give notice to Sellers and this Purchase Agreement shall become null and void. 9. Closing. The closing shall take place on June 1, 2002, at the offices of Severson, Sheldon, Dougherty & Molenda, P.A.; 7300 West 147' Street, Suite 600; Apple Valley, Minnesota 55124, or such other time and location as mutually agreed upon by the parties. 10. Obligation of Parties at Closing. The Sellers and Buyer shall do the following at the closing: 3 3o A. Sellers shall: i. execute and deliver a Warranty Deed conveying fee title to the Property to the Buyer, free and clear of all liens and encumbrances, subject to the following: (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; (C) Reservation of any mineral rights by the State of Minnesota; and (D) Utility and drainage easements which are described in the above legal description; ii, execute the acknowledgment of relocation benefits as shown as Exhibit "A"; and iii. provide a certificate of liability insurance coverage in the amount of at least $250,000.00, naming the Buyer as an additional insured. B. Buyer shall: i. make the necessary payments as required under Article 2; C. Each party shall execute such other instruments, certificates and affidavits as the other party's attorney reasonably may request. D. Buyer shall be responsible for all costs charged by any title company including any abstracting fees, payment of state deed tax, closing fees and courier fees. 11. Real Estate/Brokerage. Sellers shall pay for any and all brokerage fees claimed by any person claiming to be hired on Sellers behalf. Sellers agree to indemnify and hold Buyer harmless from and against any and all costs, expense or liability for commissions or other compensation claimed by any broker or agent by reason of services alleged to have been rendered at the instance of or agreed to it by in connection with this Agreement. 12. Notices. Any notices under this Purchase Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: To the Sellers: Tong Via Lor and Lia Lor Vang 3822 Beau D' Rue Drive 4 3` Eagan, MN 55122-1401 To the Buyer: City of Eagan Attn: James D. Verbrugge, Assistant City Administrator 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, Assistant City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 13. Headings. The headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of such section or paragraph. 14. Salvage. Sellers shall have the right to salvage any items located on the Property, provided, however, that the items removed by Sellers must not limit or in any other way affect Buyer's right to secure the Property. 15. Governing Law. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 16. Heirs, Successors and Assigns. The terms, conditions a nd covenants shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 17. Possession. Sellers shall deliver possession of the Property, in "broom clean" condition, no later than July 30, 2002. Sellers shall not be responsible for paying any rent to Buyer during the time Sellers remain in possession of the Property. Sellers shall, however, be responsible for the payment of all utilities and necessary maintenance and repairs subsequent to the date of closing until possession is transferred to Buyer. Sellers shall also insure the Property for its full insurable value during the time that Sellers remain in possession and Sellers shall list Buyer as an 5 3d2 additional insured on any such insurance policy. In the event that Sellers do not vacate the Property by July 30, 2002 then, in that event, Buyer may immediately pursue an unlawful detainer action to evict the Sellers from the Property. In the event such action is commenced, Sellers agree to reimburse Buyer for any and all costs and expenses incurred in such action, including reasonable attorneys' fees. 18. Default, Remedies. If either party shall default in any of their respective obligations under this Agreement, the other party may, by written notice to such defaulting party specifying the nature of the default and the date on which this Agreement shall terminate (which date shall be not less than ten (10) days after the giving of such notice), terminate this Agreement and upon such date, unless the default so specified shall have been cured, this Agreement shall terminate. Termination of this Agreement shall be the sole and exclusive remedy of both Sellers and Buyer and neither party shall have the right of specific performance. 19. Well Disclosure/Sewer Septic Disclosure. Sellers certify that the Sellers do not know of any wells on the Property. Sellers further certify that any sewage generated at the Property goes to a facility permitted by the Minnesota Pollution Control Agency. 20. Property Purchase "AS IS". Buyer acknowledges that the Property is being purchased "AS IS" and with all faults. 21. Acknowledgement of Construction. Sellers hereby acknowledge that Buyers intend to begin road construction and other related construction in the area immediately surrounding the Real Property. Sellers acknowledge that Buyer's activities may include construction activities on the Real Property and that Buyer shall be permitted to enter upon the Real Property to perform such activities as set forth in paragraph 5 above. 6 ,33 S~ IN WITNESS WHEREOF the parties have executed this Purchase Agreement this -21 day of 2002. SELLERS: BUYER: THE CITY OF EAGAN By: By: Tong Yia Lor Patricia E. Awada Its: Mayo r By: By: Lia Lor Vang Maria Karels Its: City Clerk 7 311 Agenda Information Memo May 21, 2002 Eagan City Council Meeting M. APPROVE FINAL PAYMENT - CONWAY CONSTRUCTION, PROJECT 838 ACTION TO BE CONSIDERED: To approve the final payment of Contract #01-14 to Conway Construction. FACTS: • Project 838 is a storm mitigation project related to the July 2000 super storm. • Conway Construction was contracted to perform the retrofits on four (4) water- damaged homes purchased by the City. The retrofits converted lower-level walkouts to full basements. • The contracted work has been completed and inspected by the City's Inspections Division. The final payment of $12,140 is in order for approval by the Council. ATTACHMENTS: • A copy of the final invoice is attached on page SSW INVOICE DATE Conway Construction, Inc. APRIL 24, 02 1491 South Smith Avenue NUMBER ' West St. Paul, MN 55118 Phone 651457-5431 City of Eagan 3830 Pilot Knob Rd. 1 Eagan, Mn. 55122 : ~i~7 , • y~/ V t C TERMS Net 30 Days. 1.5% service charge per month will be added to all past due accounts. ! I s DATE I CHARGES AND CREDITS I BALANCE BALANCE FORWARD ► FINAL BILLING FOR FLOOD MITIGATION PROPERTIES (a 2230, 2238, 2246 ' CLARK ST. AND 4185 STRXvIBERRY CONTRACT PRICE: $ 66,29 .00 Extra's On Electrical work: + Remove faulty wiring and rewire to f code in all 3 houses on Clark st. t Add outlets for sump pumps 850.00 Furnish and install 2 additonal J sump pumps and plumb to outside. 490 ; TOTAL COST: $67,630 00 Payments received to date - 55 000 00 Balance Due: v - i 1 ' C PAV LAST AM / I IN THIS COLUMN Conway Construction, Inc. 36 Agenda Information Memo May 21, 2002, Eagan City Council N. FINAL PLAT (PINETREE FOREST 2ND ADDITION) - ROYAL OAKS REALTY ACTION TO BE CONSIDERED: To approve a Final Plat (Pinetree Forest 2nd Addition) consisting of one lot located north of 120`h Street and west of Pine Street in the SE 1/4 of Section 36. FACTS: • The City approved the initial Pinetree Forest development in 1997. This parcel was platted as an outlot at that time to preserve possibilities for future road connections. • With the initial subdivision approval, the City retained a five-year option to acquire Outlot A. • At the May 7, 2002, City Council meeting, the City released the option on Outlot A, allowing the final plat of the parcel to proceed. ATTACHMENT): Final Plat, page 37 1 k: E a a oesi I a "s L u !R s" f° _ i gY cg i Y 6e$o` ~V ° ~ o r ~a ssl A I _ s a g $ ` f i c a s< ak Y~ A 3; a a O m^~ }i¢ N k ~ 2- -a Y`-YSn 6y ~~EE. L ¢ R F~ s $ ~ e YE <dY E hh i'! i~`~,T, LlS L Es i ~Qe i~ g , € e 1E f a Y$c E¢ s a s _3F&h W °f 2 S S a Yq N CE lit C7 v C e~Q: ;t~~ V/ I o ul I < V Ei a ~ Yea- • J a 3NV-) 3NId s x' I q _ 0008 7-00,0I.00S u 7 -1 1b~ I ¢s o o I ~ m I m x :i ~ N I l y u `I Z I r ~ 00'06 r.rl,E400N sc M ~ 3.91.0.00S ^ w J 3 8' Agenda Information Memo May 21, 2002 Eagan City Council Meeting 0. EXTENSION FOR RECORDING FINAL PLAT (YMCA 2ND ADDITION) ACTION TO BE CONSIDERED: • To approve an extension for the recording of the final plat for YMCA 2°d Addition to October 30, 2002. FACTS: • At its regular meeting of August 21, 2001, the City Council approved the final plat of YMCA 2nd Addition. • The representative for the owner has submitted a letter explaining the reason for the delay. ATTACHMENTS: 2 Letter from representative page Final Plat page 39 A;rdnies May 10, 2002 Ms. Marilyn Wucherpfennig Planning Aide City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: YMCA 2"d Addition Dear Marilyn: This letter is a request to have the above mentioned plat re-approved by City Council. Due to administrative issues between the Greater St. Paul YMCA Corporation and West Group the agreements were not completed until early April; therefore, this extension and re-approval is needed. Could the YMCA receive until October 30, 2002 to file the final plat with the County? Thank you for your assistance. Sincerely, ~4uvo "O-~ Jeffrey B. Larson J B L C 0 NI P A N I E S • 1380 (orporate Center Curve Eagan MN 55121 • Phone: 651-686-0211 • fax: 65 1-686-6 113 /Vd u a r- y o M. R.7. s'. 6e \ - - 11`` OWN \ - LIJ 5z J\ ;~~-a•- msc `I- ° O EI II \ Y`~`\ "a EI ~ ° ~1 il~' ~ o LIE ZO BZ/ •r v\, \ 4 Is :z O Ste` ,01%tr ~ •'~I L' I I Agenda Information Memo May 21, 2002 P. CONTRACT 02-13. EVERGREEN PARK (PONDS BP-15 & BP-16) JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 02-13 (Evergreen Park/Ponds BP-15 and BP-16 - July 2000 Storm Mitigation Improvements Area #5) and continue the award of the contract to the June 4, 2002, regular City Council meeting. FACTS: • Contract 02-13 provides storm water drainage system mitigation improvements in the area affected by the July 2000 Superstorm in and around Evergreen Park/Ponds BP-15 & BP-16 (Area #5 -Project 831), as outlined and discussed in the Preliminary Design Report (April 2001). • On April 27, 2001, the City Council held a Public Meeting and presented the Preliminary Design Report for the above-referenced project. At the Public Meeting, the Council approved this project and authorized the preparation of detailed plans and specifications. • On July 5, 2001, the Council approved the plans for this and other projects under Contract 01-14 and authorized the advertisement for competitive bids. • On September 4, 2001, Contract 01-14 (July 2000 Storm Mitigation Improvements - Misc. Areas # 1, 4, 5 & 10) was awarded to Lametti & Sons, Inc. The contract award did not include Project 831 due to the lack of all necessary easements. • The bid opening for Contract 02-13 was held at 10:30 a.m. on May 16, 2002. All bids have been reviewed for their accuracy on unit price extension and summations and for compliance to the bid specifications documents, and found to be in order for favorable Council action. • A portion of the work within Contract 02-13 for the Evergreen Park Pond includes pond excavation onto the Thomas Lake Elementary School property. Independent School District No. (ISD) 196 staff have reviewed and concur with the plans as bid. The staff's recommendations have been forwarded to the school board for the board's action. 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. The ISD 196 school board's approval of the necessary easements is expected to occur to allow the award of Contract 02-13 by the Council at their June 4 regular meeting. ATTACHMENTS: • Bid Tabulation, page t' ry city of aac~an JULY 2000 STORM MITIGATION PROJECT NOS. 831,838 EAGAN, MINNESOTA City Contract No. 02-13 Bonestroo File No. 49-02-121 Bid Date: Thursday, May 16, 2002 Bid Time: 10:30 a.m. Contractor Base Bid 1) Danner Inc. $613,750.00 2) Ceres Environmental Services Inc. $705,632.40 3) Carl Bolander & Sons Co. $705,646.50 4) Barbarossa & Sons, Inc. $719,920.00 5) Max Steineger, Inc. $821,198.50 6) Veit & Company, Inc. $885,325.50 7) Jay Brothers $1,291,939.50 Low PDR % Engineer's % Project No. Base Bid Estimate Deviation Estimate Deviation 831 Evergreen Park (Ponds BP-15,16) $478,435 313,000 $502,040 838 River Hills -Maintenance 78,065 149,000") 81,780 Hilltop Pond - Maintenance 57,250 29,000 58,445 Total $613,750 $491,000 +25% $642,265 -4.4% (')Includes $35,000 for each backyard grading (3 homes) and pond maintenance - $44,000 (3 * $35,000) + $44,000 = $149,000) Original Bid Project No. Low (Contract 01-14) % Base Bid Aueust 2, 2001 Deviation 831 Evergreen Park (Ponds BP-15,16) $478,435 $478,615 838 River Hills - Maintenance 78,065 76,855 Hilltop Pond - Maintenance 57,250 58,445 Total $613,750 $613,915 -0.03% Lf 3 Agenda Information Memo May 21, 2002 Eagan City Council Meeting Q. CONTRACT 02-15A, COMMUNITY CENTER STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: To receive bids for Contract 02-15A (Community Center Storm Sewer Improvements), award the contract to Nova-Frost, Inc. for the bid amount of $66,955, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-15A provides for the construction of the storm sewer pipe system within the Community Center site, as authorized by the City Council March 6, 2001 with approval of the Central Park Master Plan. • The storm sewer construction is separated from the Community Center parking lot construction to expedite the overall work necessary to complete the site. • On May 7, 2002, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 02-15A. • At 11:30 a.m. on May 16, a formal bid was received for this project. The bid amount is approximately 4% below the engineer's estimate for the project. • The bid has been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Nova-Frost has been reviewed by the City Engineering Division and found to be in order for favorable Council action. Agenda Information Memo May 21, 2002 R. PROJECT 751R, DODD ROAD, CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) with the owners of Parcel 10-25801-120-05 (708 Caribou Lane) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 751R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report. • On February 5, 2002, the City Council approved Project 751R, including the acquisition of all necessary easements. • The upgrade of Dodd Road required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Cost estimates were obtained for all required easements. The estimated value of the easement for said property is $247.65. Staff has suggested an offer in this amount to the property owners. The property owners have consented to this offer. • An agreement between the City of Eagan and the owners of Parcel 10-25801-120-05 has been prepared providing for the payment of the acquisition of all necessary easements. • Engineering staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. I Agenda Information Memo May 21, 2002 Eagan City Council Meeting S. CONTRACT 02-16, CEDAR GROVE REDEVELOPMENT AREA - COMMERCIAL/ INDUSTRIAL BUILDING DEMOLITION/ REMOVAL ACTION TO BE CONSIDERED: To receive the bids for Contract 02-16 (Cedar Grove Redevelopment Area - Commercial Building Demolition/Removal), award the contract to Lloyd's Construction Services for the base bid in the amount of $59,600.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On February 6, 2001, the City Council authorized the reconfiguration of Silver Bell Road, from TH 13 to Beau D' Rue Drive, including the combining of the intersections of Cedarvale Boulevard and Beau D' Rue Drive and the installation of a traffic signal at this new intersection, as outlined and discussed in the feasibility report for Project 80OR (Cedar Grove Access Modifications). • As part of the approval for Project 800R, the City Council also directed the acquisition of several homes and businesses to accommodate the new intersection configuration. • Contract 02-16 provides for the demolition and removal of two commercial/industrial buildings at 3810 Sibley Memorial Highway (Twin City Poultry) and 3808 Sibley Memorial Highway (Express Donuts). • At 11:00 a.m. on May 16, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Lloyd's Construction Services has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page BID SUMMARY Commercial Building Demolition/ Removal 3808 & 3810 Sibley Memorial Highway City Project No. 80OR City Contract No. 02-16 Bid Date: Thursday, May 16, 2002 Bid Time: 11:00 a.m. Contractors Total Base Bid 1.) Lloyd's Construction Services $ 59,600 2.) Kevitt Excavating $ 61,870 3.) Jay Bros., Inc. $ 62,200 4.) Max Steininger $ 62,425 5.) Holst Excavating $ 64,700 6.) Landwehr Construction $ 74,750 7.) Wickenhauser Excavating $ 84,000 8.) Steininger Construction $ 112,000 9.) Lloyd Excavating, Inc. $ 118,600 10.) VP Enterprises $ 137,500 I AGENDA INFORMATION May 21, 2002 CONSENT AGENDA: ITEM T: RESOLUTION ENDORSING THE DAKOTA COUNTY BIG RIVERS REGIONAL TRAIL EXTENSION AND ENHANCEMENT PROJECT ACTION TO BE CONSIDERED: Approve Resolution Endorsing the Dakota County Big Rivers Regional Trail Extension and Enhancement Project. FACTS: • Dakota County is requesting endorsement from the City of Eagan for the construction of approximately 2,900 feet of bituminous trail connection from the existing Big Rivers Regional Trail at the WPA Scenic Overlook to the pedestrian/bicycle facility on I-494. • The trail proposed to be constructed will connect the existing Big Rivers Regional Trail, to the pedestrian/bicycle facility on I-494 with a trail switchback bridge structure. • The trail and switchback bridge is to be constructed within the Sibley Memorial Highway Right-of Way. • The Minnesota Department of Transportation has granted Dakota County a Limited Use Permit which must be approved by the City Council, as a portion of the subject property falls within the City of Eagan. ATTACHMENT: • A copy of the Dakota Cou Parks Department Project Memorandum is attached as pages ~ through, . • A copy of the proposed resolution is attached as page sg-6O Vff STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION DAKOTA COUNTY PARKS DEPARTMENT PROJECT MEMORANDUM FOR BIG RIVERS REGIONAL TRAIL EXTENSION AND ENHANCEMENT STATE PROJECT NUMBER: S.P. 19-090-02 FEDERAL PROJECT NUMBER: TEAX-1902 (088) Between the WPA Scenic Overlook at Mendota Heights Road to existing facilities in the vicinity of I-494 with an improved trail connection at the Mendota Bridge in the City of Mendota Heights, Dakota County PROPOSED IMPROVEMENT: Improving the existing Big Rivers Regional Trail by constructing an off-road loop connection to an existing pedestrian bicycle facility on the Mendota Bridge and extending the trail approximately 800 meters ('/2 mile) from its southern trailhead to an existing pedestrian/bicycle facility on I-494. Reviewed a d recommended: Q ` " • Date: 0 1 Manager of Park Development and Maintenance, Dakota County Reviewed and recommended: )m ' Date: Metro Division tate Aid Engineer AA ved: 1 ' Date: o: O tor, State Aid for Local Transportation ~9 METROPOLITAN , AREA I ANOKA I ) S rul, WASHINGTON I ' RAMSEY HENNEPIN l I ' I l PROJEC, CARVER LOCATItN r DAKOTA SCOTT _J F - - - - - - - - - S.P. 19-090-02 Big River Regional Trail Extension and Enhancement FIGURE PROJECT LOCATION - METRO AREA 1 Dakota County Office of Parks Department 0003785 \ $ H RI i ?k av£ y~,.1 - .sue-00 I - ¢ d %~-J o -a atl ~7- ° Upper Lake r \ (fit; a~ 21 a4 ~ °%'a - p aa• / c _ C SCALE = 1:2400 , eoo s 7 00 M1 e +M1 3 t~ NORTHERN IMPROVEMENT 'T 822 1 J o9 ems, i w~ -6 / 00 - - iii. i ~„I r ~=z - .a_' ° S ~ u _ x ~ = ~ ,tip ~ ~.ss i , • ~ v i '~~~~[r-h 7, / ~•1~.i~ ' C- JI ✓~L=.j~•1r~ n 0,~~ Otl 1~~ t~('~/, / 650 ` - f w SOUTHERN TRAIL EXTENSION - 18D 1f ' i 1 :7 K -7 Uj~ 9(\ 'NDOTA ATT ,•1~ - - i'/% / ~~O r RAY. • ; r. ~.l _ `t S.P. 19 090-02 i ~n ii t :;ms Big River Regional Trail Extension and Enhancement FIGURE PROJECT LOCATION - LOCAL AREA 2 Dakota County Office of Parks Department 0003785 OPENING STATEMENT This Project Memorandum has been prepared and submitted in accordance with the approved Minnesota Department of Transportation (Mn/DOT) Highway Project Development Process. 1. PROJECT INFORMATION A. Project Location and Setting The project location is adjacent to Trunk Highway 13 in the City of Mendota Heights (see Figures 1 and 2). As proposed, the project will be located at two non-contiguous sites as depicted in Figure 2. The limits of the southern portion of the proposed project will be from the existing trailhead located at the Works Project Administration scenic overlook near Mendota Heights Road to an existing bicycle/pedestrian facility on I-494 for a total distance of 884 meters (2,900 feet). The limits of the northern portion of the proposed project are in the vicinity of the Mendota Bridge and consist of approximately 122 meters (400 feet) of new trail providing a connection to an existing pedestrian/bicycle facility on the Mendota Bridge as well as local trails. The proposed northern trail improvement as well as the proposed southern trail extension will entirely within existing Mn/DOT right-of-way. As shown in Figure 3, the proposed trail extension and trail improvement will increase connectivity within local and regional systems of bicycle and pedestrian transportation. It will link the communities currently served by the Big Rivers Regional Trail and the Dakota County Bikeways system with communities across the Minnesota River via a connection to the 1-494 pedestrian/bicycle facility. The project will also enhance the connection of the Big Rivers Regional Trail and Dakota County Bikeways to the trail networks in Minneapolis and Fort Snelling State Park via an improved access to the Mendota Bridge trail. The Big Rivers Trail is a 7.2 kilometer (4.5-mile), off-road bicycle/pedestrian trail built on the abandoned Soo Line Railroad corridor through the cities of Lilydale, Mendota, and Mendota Heights. This trail serves an important transportation function as a connecting route for the Dakota County bikeways system and local municipal trails. The trail also features numerous historic and cultural interpretive features. These consist of overlooks to the Minnesota River Valley, access to the confluence of the Minnesota and Mississippi Rivers as well as Fort Snelling State Park, and access to historic St. Peters Church and the Henry Sibley House in the City of Mendota. Informational kiosks and identification markers note these areas for trail users and provide information on their significance. The project corridor is located in a developed area of the City of Mendota Heights near its western corporate limits and near its border with the City of Mendota. Current land uses are characterized by commercial development adjoining the project corridor to the east along Trunk Highway 13. A growing area of industrial development, spreading to the east of the project area, is found along Mendota Heights Road. Other land uses include Fort Snelling State Park, which borders the trail to the west. The terrain is gently rolling with vistas of the Minnesota River Valley, floodplain forests, emergent wetlands, and bluff-land natural communities. An active rail line parallels the project corridor immediately to the west. The Union Pacific Railroad operates freight rail service averaging six trains per day. Big Rivers Trail Project Memorandum -3- April 12, 2001 sez II. DESCRIPTION OF PROPOSED IMPROVEMENTS A. Location and Description The proposed project is located at two non-contiguous sites as depicted in Figure 2. One portion of the proposed project occurs at the WPA Scenic Overlook, currently serving as the trailhead, and extends approximately 884 meters (2,900 feet) to the south to Interstate 494. At this location, proposed improvements consist of constructing an extension of the existing trail, which terminates at the trailhead, to connect with pedestrian/bicycle facilities on I-494. A trail switchback structure is proposed to directly connect the Big Rivers Regional Trail with I-494 pedestrian/bicycle facilities. This structural improvement is necessary due to the elevation of the I-494 bridge from the ground level, a total elevation of approximately 8.5 meters (28 feet) from ground to bridge deck. Other improvements include the installation of a total of approximately 281 meters (923 feet) of guard rail along Sibley Memorial Highway to provide a sufficient recovery area for highway traffic as well as to provide motorist protection from the switchback structure piers. In addition to the improvements described above, a slight re-alignment of a MnDNR park access road will be made. This re-alignment moves the road slightly to the south of its current access point to Sibley Memorial Highway and is necessary to accommodate the location of the switchback structure connecting the trail to I-494. (See Figures 4 and 7 for a depiction of the trail layout and the bridge (switchback structure) elevation.) The project limits for the second portion of the proposed project occurs near the northern limits of the project area, near the border of the cities of Mendota and Mendota Heights at the eastern Mendota Bridge approach. At this location, proposed improvements consist of constructing a 122-meter (400-foot) connection ,from the existing Big Rivers Regional Trail to the pedestrian/bicycle facility on the Mendota Bridge. This connection would link the existing Big Rivers Regional Trail with facilities on the Mendota Bridge. It would eliminate an informal and unsafe trail crossing of Sibley Memorial Highway by providing a striped and signed at-grade street crossing of Sibley Memorial Highway at its intersection with the TH 55 frontage road. Additional signing is proposed to be installed to encourage the use of this connection while landscaping is proposed as a means of discouraging the use of the existing informal crossing. Other improvements at this at-grade street crossing include curb cuts, zebra striping and advance warning signage of the crossing provided on both the trail and the highway warning motorists as well as trail users of the crossing. (See Figure 5) All sections of newly constructed trail will have the following characteristics; a total trail width of 3.7-meters (12-feet) with 0.6-meter (2-foot) shoulders provided on either side (see Figure 6). This proposed section is consistent with section characteristics of the existing Big Rivers Regional Trail. The trail will be in proximity to Fort Snelling State Park. Attachment B of this document contains excerpts from the Fort Snelling State Park Management Plan affirming the MnDNR's support of trail construction and documenting the provision of bicycle and pedestrian trail facilities as being consistent with their long-term park management plan. Big Rivers Trail Project Memorandum -4- April 12, 2001 S3 -?iCi"+ ~ 1.~' `~a. Y ~`~et yy~~.i_ ~f ,i ..y os" lly"-a`' `aC~'R. sd .rs:~ S1~ '.Rr 4 ~)~1~~ ..r~'s,'~;~r _~YY♦1~:yX~.T -'c~~ ! :ti r ~~70w ~'',~z Y t4 y`o~ 'R x ','Jsb-'3r.C' z,- tii~2}~! ,T+ ~;cl• ~bf~.~.1,~` 4,~~~~i~i ;~y v. F~'~ ~Zi ~.r '~ee~, ~LItl9 ~.~f. ` ~eWte vl .~y~t is' ~ ~"c►; ~~Y"~` ~ i,_.~~fi~`~ ~ S"~~!e~. tt9? ,-°~4:. ~kr"l'~~Si3si~.'r~:lr7"~. :1- rflH °'y"'r i~~ ~ ~-~~~:;t~, 1.' i~ `~;.iS~'~1~.1i~n ~-.p•;+, h ~y~'{~' ~.u'ai3YwyiYt~S:.~_7c~.:~~ai~ i+PSrt+► .~c• t-* O .`-?Pf+ s ~~~~~~~~-~Il+! fi ~ ~1~~'}'''i, `1~+•'xf:~`~• }~.]A }i1 i^L~~_"t...~ r.3F~~Y7 ti xr 3 ~"C _Y'~lcir+4,^ jib i s• t `ter '33°~'Y 'E „~5.5Y.L _ZK sic _ `~Mb,~.~''L:. 9V_'lF~rls~,/rS' + •T is -=.Xisa•. w Her SCALE = 1:2400; i.tt. J ti. 1 ir, •F~ Jlla~iT~~` {i 1 '~w. ~ ~.1(\~-_ _ i'~•~r'7..~~' [-,''r ri PROPOSED ' BIG RIVERS TRAIL CONNECTION A elm: SP 19-090-02 Big River Regional Trail Extension and Enhancement FIGURE EXISTING AND PLANNED REGIONAL TRAIL FACILITIES 3 Dakota County Office of Parks Department 0003785 Sf u \ x\ I z il'i uLI II I I . I! W \ \ I , PFT ! w LtJ ) v U.J da Z H Q O Y W1 Ln oil Lu a) LLJ 0) I .''I 11 I J N ° t CL. Z vi Z) l i i, I ~I I u m N 60 ~ Q l (j f! I p f- ~O LU I. III I ~ W E p \ \ ~ 1 I I ~ I W N ~ I.L f W ~ Ili /\nnC\ j O CL. rCL. t t / j l l i t ~a,~ u LL W LU I i i I Z w i t I I m W O i :E j l I U rY I 03 Z CL Q W Z W Z W-i Ice oN O 6 o in z C) e►sEaa+o / W Cps O W I" iv § O \ _J OU L M. LLJ ~.i I~ 4 W `►,r O o ou W ' CL. m Z vi ,W ~^i O WW ~yOy~ l I Q LLJ H Lai VJ O SS ~ •ON •d~11H 31 S 0 N_ W ~ C Y Q J H / S W D U P~ ~ 1 ~ cr Q~ W U Z _ u1 W o O Z w 0 ° w W z LLJ Q f-- ~7- ° ° Q Z) O Z Q O W O 1 Lid 'v m r, d~ ~J l e 'L N O W O P4 O r-+ W a: u~ a~ m 0 a~ z a~ c J W W W 0 -0 cr- C i2 a = U 0 D 0 _w L Y CL r W 0 = U .o ~ w C, H o Y CL W 0) 0 m RESOLUTION CITY OF EAGAN APPROVAL OF LIMITED USE PERMIT WHEREAS, Dakota County desires to construct approximately 2,900 feet of bituminous trail connection from the existing Big Rivers Regional Trail at the WPA Scenic Overlook to the pedestrian/bicycle facility on 1-494, and WHEREAS, the trail proposed to be constructed will connect the existing Big Rivers Regional Trail, to the pedestrian/bicycle facility on I-494 with a trail switchback bridge structure, and WHEREAS, the proposed trail and switchback bridge is to be constructed within the Sibley Memorial Highway Right-Of-Way, and WHEREAS, the Minnesota Department of Transportation has granted Dakota County a Limited Use Permit which must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, that the Limited Use Permit granted by the Minnesota Department of Transportation to Dakota County for the construction, maintenance and operation of the trail between the existing Big Rivers Regional Trail and the pedestrian/bicycle facility on I-494 is hereby approved. ADOPTED by the City Council of the City of Eagan this 21 st day of May 2002. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Si~ CERTIFICATION I, Maria Karels, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21St day of May, 2002. Maria Karels, City Clerk 60 AGENDA INFORMATION May 21, 2002 CONSENT AGENDA: ITEM U: NEW TREE CONTRACTOR LICENSE ACTION TO BE CONSIDERED: Approve new Tree Contractor License for All Star Lawn, 26242 Ipava Avenue, Lakeville, MN. FACTS: • The application has been reviewed by staff and deemed in order. ATTACHMENT: • A copy of the application has been attached as page V through 6~ For $23.60 Pilot Knob Road APPLICATION FOR LICENSE I.laaae Year. MN SSi22-is47 TREE MAINTENANCE CONTRACTOR For IsdMdual, partunbip or corporation wbo cut, trim, prone, remove Sprat or treat trees. I, ~~bereb2 make appBatbti for a TREE MAWMANCE CONTRACTOR Hewn for the year 1 ftom me City of Equ. OVMR:- 5 DREss:,-AP9gJ TPoLuo, A-V PAONEr U t 11~ /1llV sS"ogq S,~ l _ll'' r (et,) (mate) SSA NAMM: / l s7~~/~~~yn ADDRI3S:~CP,2q~ --Pet y g 1~ V HONE Of YSd - `/6V -56 NAME: ~tl~- (stmt) Alk (city) (state) (sip) EMPLOYEES PERFORMING TREE MAINTENANCE: Name. (first) (middle) Name: (Mst) (middle) ' (last) i Name: / first) (middle) (Isst) Name / (first) (middle) (last) (ATTACH ADDITIONAL NAMES) VEHICLES USED FOR TREE MAMENANCE: f~o da e- /w a M 4 ~ (same) (gear) (make) (model) pkense number) (same) (Year) (make) (model) Okente amber) (acme) (Year) (make) (model) (license number) (ATTACH ADDITIONAL VEIHCLE INFORMATION) LQUWMENT USED ANCE: (e.g., stump grinder brush yer, ek.) Ay--- (same) Maction) (same) (function) (ATTACH ADDITIONAL EQUIPMENT INFORMATION) 6~- REFERENCES OF PREVIOUS CLIENTS: 11/10r~ e, 46 (name; ( rass) (phone 1) ~e)c~~vs~e.h (address) IU (phone 1) REQUIRED DOCUMENTATION: + i.~ lAbWty Insurance b the following amounts: • $100,000 for bodily Injuries to one person boom one accident. • $300,000 for injury of two or score persons • $200.000 for damage or destruction of property Insurance may not be canceled by insurer maim there it 10 days written notice to the city. If insurance is canceled, must replace with another policy which conforms to ordinance requirements. The license Is snspe -da,d "to insurance Is replaced. 2. Worker's compensation insurance certificate • when I , such Insurance is required by state statute. 3. N Certification by Agronomy Division of Minnesota Department of Agriculture as a Commercial Pesticide Applicator most be provided by the applicant or employee administering chemical substances. SIGNATURE OF APPLICANT: I i Dam Yi ,2od 1 (signature) (title) (der ) I OFFICE USE: Date Paid: Amount received: Receipt City Cound Approval: (date) 63 AGENDA INFORMATION May 21, 2002 CONSENT AGENDA: ITEM V: NEW TOBACCO LICENSE ACTION TO BE CONSIDERED: Approve new Tobacco License for Tobacco Road, 1270 Town Center. FACTS: • The application has been reviewed by staff and deemed in order. ATTACHMENT: A copy of the application has been attached as page . 6J4 $100.00 per license _ZNew Renewal CITY OF EAGAN 3820 PILOT KNOB ROAD EAGAN, MN 55122-1897 ~APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS Applicant 4A'1-&'1 A A r7 5 Birthday 3 ~ 3I S 3 Resident Address Z/3 4-5- r 4CM 7J~`, f ~ S S J Z. ~ street city ffa to zip Business Address 12,70 ~yw" CC-14--c- o,9he5 K MK $SJ=.3 street city state zip ,95-L- zz. v _ 1.Z. C. Home Phone fi S / - SjS'~- S~ y Business Phone W I - 2 3S- - /49 Business name in Eagan where tobacco is to be sold --T-o to k c c.i, /e 0.* Business address in Eagan where tobacco is to be sold / 270 % d.. Ce h ~-tA' SA ag oe S TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) _1,:-:"Cigarettes, cigars and other smoking tobacco muff, plug and other chewing tobacco Clippings, cuttings and sweepings suitable for chewing or smoking y Pipes and other tobacco related devices -~Cigarette papers and wrappers PACKAGING OF TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) --*"Individual pack or can --"*'Two or more packs or cans packaged together Full cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS: (Check all that apply) Self-service merchandise Over-the-counter Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED PLACE OF BUSINESS. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUND FOR SUSPENSION OR REVOCATION OF LICENSE. I (WE) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF M NNEOSTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWL DATE p 2 AUTHORIZED SIGNA FOR OFFICE USE ONLY City Council Approval Date Date Issued 6s Agenda Information Memo May 21, 2002 W. CONTRACT 01-13, JULY 2000 STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 01-13 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On April 27, 2001, the City Council approved the installation of storm mitigation improvements for the Ches Mar Drive/ Wilderness Curve Area (City Project No. 827), as outlined and discussed Preliminary Design Report - April 2001 prepared by the City's engineering consultant, Bonestroo Engineering. • Contract 01-13 provides storm water drainage system mitigation improvements in a portion of 11 various areas throughout the community, including the Ches Mar Drive/ Wilderness Curve Area (4500 Ches Mar Drive and 1294 Wilderness Curve), affected by the July 2000 Super Storm. • For future maintenance reasons, City staff had previously considered presenting a change order to the City Council to extend the original storm pipe alignment further northwest along the south boulevard of Wilderness Curve west of Ches Mar Drive, adding approximately $45,000 to the original contract price. • This change order (Change Order No. 3) modifies the alignment of the necessary storm sewer pipe from the original alignment of the south boulevard area of Wilderness Curve, to between Lot 7, Block 2 Ches mar Addition (4501 Ches Mar Drive) and Lot 8, Block 2 Ches Mar Addition (4505 Ches Mar Drive). • Subsequent to the Council approval of the improvements for 4500 Ches Mar Drive and 1294 Wilderness Curve, the residents at both 4501 and 4505 Ches Mar Drive requested the analysis of the flooding of their homes that occurred in July 2000. The analysis indicated that the existing conditions adjacent to those homes do not meet current City criteria for a 1% rain event. • The change order also adds the lowering and upsizing of a portion of the existing storm sewer pipe between 4505 and 4501 Ches Mar Drive, to mitigate flooding of those two homes that occurred in July 2000. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the city. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $36,044 (3% of original contract), approximately $9,000 less than the previously considered change order to extend the original pipe alignment. The associated cost ($36,044) will be the responsibility the City's Storm Water Fund. ATTACHMENTS: • Preliminary Design Report Revision, pages through. • Change Order No. 3, pages 7L through 66 *QNtZ%iKQQ KUu)tNt ANUtKLIK O 6516361311 05/14/02 12:46 LJ :02/05 140:35- REVISION CHES MAR DRtVMILDERNESS CURVE Bonestnoo PROTECT NO.827/CONTRACT NO. 01-13 Rbsene PRELIMINARY DESIGN REPORT AnclerNk 6 /~ssmiates cry OF QCIQCI><1 FILE 49-01-112 k 0 MAY 13, EMIrmmrs t i►.aweKe, INTRODUCTION: The Preliminary Design Report (?DR) for the above project provided for storm sewer construction in Wilderness Curve to its low point east of Pond BP-1. The flooded homes located at 4500 Ches Mar Drive and 1294 Wilderness Curve granted the easements to construct the storm sewer from their backyards to Wilderness Curve. The attached plan sheet shows the storm sewer extension bid as part of Contract 01-13. Since that time, the homeowners at 4501/4505 Ches Mar Drive, located on the west side of Ches Mar Drive which are also located along the existing storm sewer alignment serving the previously mentioned homes have requested City staff to review their flooding conditions. The results of that review indicate the home at 4505 Ches Mar Drive does not comply with the City's accepted standards for freeboard. Summarized below are the existing conditions at 4505 Ches Mar Drive and 4500 Ches Mar Drive as stated in the PDR: Existing Conditions 4500 Ches Mar Drive _4505 Ches Mar Drive a Low Entry 948.4 934.0 a 1% HWL 949.3 933.4 a Applicable Freeboard Required 2' 2' Actual -0.9' 0.6' Meets City Criteria No No a July 2000 Storm Peak 951.5 934.4 REVISED IMPROVEMENT: As shown above, the existing homes at 450014505 Ches Mar Drive do not meet the City's accepted standards. The improvements needed for the home at 4500 Ches Mar Drive to comply with the City's freeboard requirement is to construct a 2T' storm sewer west through the low point of Ches Mar Drive (not connecting to the existing storm in the low point of Ches Mar Drive) and paralleling the existing storm sewer to the homes at 450114505 Ches Mar Drive. To comply with the City's freeboard requirement, the improvement needed for the home at 4505 Ches Mar Drive requires the existing 24" storm sewer located between the homes at 4501/4505 Ches Mar Drive to be upgraded to a 30" storm sewer. The new storm sewer also needs to be constructed lower below elevation 925 at MH-205 as shown on the attached plan sheet. In addition, the existing storm sewer draining the low point of the backyard area at 4505 Ches Mar Drive must be lowered approximately 1.3 feet (932.35 to 931.0). The improvement results are noted below: FJ BONESTROO ROSENE ANDERLIK 6516361311 05/14/02 12:46 15 :03/05 NO:354 Improvement Conditions 4500 Ches Mar Drive 4505 Ches Mar Drive • Low Entry 948.4 934.0 • 1 % HWL 945.9 931.9 • Freeboard 2.5' 2.1' • July 2000 Storm Peak 947.5 933.0 Improvement Cost Constriction $85,000 (Estimate not finalized with Barbarossa) Indirect Cost (206/o) 17.000 Total S102,000 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer cr the laws of the State of Minn ta. Mark arson Date: May 14.2002 Registration No. 14260 SONESTROO ROSENE ANDERLiK 6516361311 05/14/02 12:46 [)1:04/05 N0:35L >c~ / ~ Illd•rT+a•I• Run O.I" I II t I I ~ i. r~ 1 - 1 i , Ir , ~1 'll i P ~ 0 I •A rte`.- as ~ ~ ~ 0.. r PPP Oak Leaf CITcI* { i N _I f U EAGAN, MINNESOTA JuLr tooo sioeM Irmc+►noN IMPROVEY S . t _ Ic hoer JLWA Wpo&Ak*om - ara WA •Iwcf•afx BONESTROO ROSENE ANDERLIK 6516361311 05/14/02 12:46,5 :05/05 N0:35- Ali IN f x~ JAIL. t I a 3 sY`} 219 X~ 91f t t - - - - - =1-- _ " Mf v._1T • ~ , ~1~- r' i yo~ , 3 r - # .mss- , r--~- r' i 0 n EAGAN. MINNESOTA cr JULY 2000 STORY NITCAnoN WPRO'vENEW 12. SfCM, Yyl[1 404RQifYD(R - tACOM 1{L 4040 city CONTwr N. 01.11 Cm PQ"C1 IM. •I7 ~w. r _ _ _ _ _ I chtokagon CHANGE ORDER NO. 3 CLIENT PROJECT NO. 816, 817, 818, 819, 821, 827, 833, 834, 835, 836, 848 Date: May 15, 2002 CLIENT CONTRACT NO. 01-13 BRA FILE NO. 49-01-112 PROJECT DESCRIPTION JULY 2000 STORM MITIGATION IMPROVEMENTS Barbarossa & Sons Inc. Engineer: Bonestroo, Rosene, Anderlik 11000 93rd Ave. N. & Associates, Inc. P. O. Box 367 Osseo, MN 55369 2336 West Highway 36 St Paul, MN 55113 DESCRIPTION OF CHANGE ORDER WORK: Part 1: Ches Mar Drive/ Wilderness Curve (Project No. 827) Delete from Contract. Part 2: 4501/4505 Ches Mar Drive (Revised Project No. 827): Add to Contract. Work includes installing a 24" - 30' storm sewer from 4500 Ches Mar Drive to 4505 Ches Mar Drive. JUSTIFICATION FOR / PURPOSE OF CHANGE ORDER Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 3 Part 1: Delete Ches Mar Drive/ wilderness Curve (Project No. 827) 1 Mobilization LS I (S5,000.00) (55,000.00) 2 Traffic control LS I (S1,500.00) (S 1,500.00) 3 Remove concrete curb and gutter LF 220 (54.00) (5880.00) 4 Remove concrete valley gutter LF 20 (54.00) (580.00) 5 Remove bituminous pavement SY 370 (53.00) (S 1.110.00) 6 Remove bituminous driveway SY 45 (53.00) (5135.00) 7 Remove storm sewer pipe - LF 8 (S 15.00) (S120.00) 8 IS" storm sewer, 0'-8' deep LF 195 (538.00) (57.410.00) 9 15" storm sewer, 8'-10' deep LF 120 (539.00) (S4.680.00) 10 4" PVC storm sewer, SDR 35, 0'-8' deep LF 40 (S25.00) (S 1,000.00) I 1 4' diameter storm sewer MH Ea 2 (S 1.600.00) (53.200.00) 12 4' diameter storm CBMH EA 2 (S 1.700.00) (53.400.00) 13 4' diameter structure overdepth LF 0.3 (5100.00) (530.00) 14 Shape to drain LS I (S 1200.00) (S 1.200.00) 15 Connect 4" PVC to B618 curb LS I (5500.00) (S500.00) 16 Subgradepreparation - street SY 370 (55.00) (51.840.00) 17 Aggregate base. Class 5, 100°.'o crushed TN 135 (S 15.00) (52.01-;.00) 4W 1112CH03 Is Contract Unit Total No. Item Unit Quantity Price Amount I3 Salvage aggregate CY 45 (S 15.00) (5675.00) 19 Bituminous base course, Type 31B IN' 50 (S80.00) (54.000.00) 20 Bituminous wear course, Type 41 A TV 40 (580.00) (53.200.00) 21 2" Type 41 A, bit.driveway pavement SY 45 (S15.00) (5675.00) 22 Bituminous material for tack coat GAL 20 (SI0.00) (5200.00) 23 D412 surmountable concrete curb and gutter LF 30 (520.00) (S600.00) 24 B618 concrete curb and gutter LF 190 (S 18.00) (S3,420.00) 25 Concrete valley gutter LF 20 (S18.00) (5360.00) 26 Saw cut bituminous street LF 260 ($3.00) (5780.00) 27 Structure marker sign EA 2 (545.00) (590.00) 28 Improved pipe foundation LF 300 (51.00) (5300.00) 29 Protection ofcatch basin in street EA 2 (560.00) (5120.00) 30 Protection of catch basin, non-street EA 2 (560.00) (5120.00) 31 Street Sweeper with pick up broom with operator HR 5 (585.00) (5425.00) 32 Water for dust control 1000 GAL 5 (530.00) (5150.00) 33 Sodding, lawn type SY 1400 (53.00) (54,200.00) 34 Topsoil borrow (LV) CY 155 (512.00) (S 1,860.00) Total Part 1: Delete C6es Mar Drive/ R'ilderness Curve (Project No. 827) ($55,295.00) Part 2: Add 4501/4505 Ches Mar Drive (Revised Project No. 827) 35 Mobilization LS I 55,000.00 S5,000.00 36 Traffic control LS I 51,500.00 51,500.00 37 Clear and grub LS 1 S3,500.00 53,500.00 38 Remove concrete curb and gutter LF 40 $4.00 S160.00 39 Remove bituminous pavement SY 100 S3.00 $300.00 40 Remove bituminous driveway SY 325 $3.00 5975.00 41 Remove and replace wood retaining wall SF 100 $24.00 52,400.00 42 Remove manhole and catch basin EA 2 5250.00 5500.00 43 Remove storm sewer pipe LF 295 S10.00 52.950.00 44 Connect to existing catch basin or manhole EA 2 5600.00 S1.200.00 45 Connect existing pipe to structure EA 3 5600.00 51,800.00 46 15" storm sewer, 0'-8' deep LF 14 S65.00 5910.00 47 24" storm sewer. 8'-10'deep LF 130 571.00 59,230.00 48 24" storm sewer. 10'-12' deep LF 75 572.00 55.400.00 49 27" storm sewer, 0'-8' deep LF 25 578.00 S1,950-00 50 2"' storm sewer, 8'-10' deep LF 226 579.00 517,854.00 51 30" storm sewer. 8'-10' deep LF !0 589.00 5890.00 +Hri CCHtu ds Contract l nit Total No. Item Unit Quantity Price Amount 30" storm sewer. 10%12' deep LF 4 590.00 S',,"So 00 53 30" L. R. bend EA 5 S65Q00 S3._SQ00 54 15" RCP flared end section, mcl trash guard EA I S"-0.00 S--0.00 55 4' diameter store CBMH EA i S:.-00 JO S 1.-00.00 56 4' diameter storm sewer MH EA 51,600 00 53.200.00 57 5' diameter storm sewer MH EA 2 S2?00,00 54,600.00 58 4' diameter structure overdepth LF 6 slo0 00 $600.00 59 5' diameter structure overdepth LF 2 S110.00 s2210.00 60 6" watermain otTset EA I S1.200.00 51,200.00 61 Subgrade preparation - street SY 100 55 00 5500.00 62 Aggregate base, Class 5, 100% crushed Tv 140 S15.00 52.100.00 63 Bituminous base course, Type 31 B TN 15 S100-00 S L;Woo 64 Bituminous wear course, Type 41A T` 10 S100.00 5:.000.00 65 2" Type 41 A_ bit.driveway pasement SY 325 S 15.00 54.8"5.00 66 Bituminous material for tack coat GAL 5 510.00 550.00 67 Sa,.v cut bituminous street LF 125 53.00 5375.00 63 D412 surmountable concrete curb and gutter LF 40 520 00 5300.00 69 Impro%ed pipe foundation LF 500 51.00 5500.00 -0 Protection of Catch basin in street EA 560.00 5180.00 71 Street Sweeper with pick up broom with operator HR 2 535.00 S i'70.00 72 Soddin_. lawn tape SY 750 S300 S2.250-00 Topsoil borrow (LV) CY 100 512.00 51,200.00 Total Part 2: Add 3501/4505 Ches Mar Drive (Revised Project No. 827) 591,339.00 Total Part 1: Delete Ches Mar Drive; Wilderness Curve (Project No. 827) (S55.29-5.00) Total Part: Add 4501.4505 Ches Mar Drive (Revised Project No. 827) 591.339.00 Total Change Order No. 3 536,044.00 1" 10, ( ONI RA('T ST M S TIME, COMPLETION D %TE AMM N I Onn,al Contract: 1, I SZ.95~.t?tl Change Order: S. n,0 t 1.00 Subtotal of Previous Change Orders: S~9,O~U JO This Chance Order: S-6,044.00 New Subtotal of all Change Orders: 59-5,063.00 Revise Contract: 51,2'7&0,~~.00 Percent Increase or Decrease for this Change Order to Original Contract Amount: 3 °o Percent Increase or Decrease for total of all Change Orders to Original Contract Amount: 8 % RECOMMENDED FOR APPROVAL Bv: Date: Bv: Date: Projec:.Nanager - Conrracror' 1 By. Date: ( 1 C -Z CiA Deparrmenr Naneger Cih, ojEagan Council Action: Alai or Clerk: .Ipprolal Date. Distribution cc: I - City 2 - Contractor 1 Engineer I -Bonding Company 39011 1'-CHC3 ,is I I Agenda Information Memo May 21, 2002 X. CONTRACT 01-04, CENTRAL PARKWAY STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 01-04 (Central Parkway-Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-04 provides for the new construction of street and utilities for Central Parkway from Pilot Knob Road to the entrance to the proposed community center. The work includes the construction of a portion of Northwood Parkway on the east side of Pilot Knob Road. • The revisions detailed in the change order address the removal and replacement of unsuitable soils within the proposed limits of the road base for Northwood Parkway. • Change Order No. 3 addresses the removal of organic/muck earthen material encountered within the area of the road construction for Northwood Parkway and the replacement of said material with suitable materials upon which to construct a road. • The unsuitable material encountered as part of the road construction was not originally anticipated based on the soil borings, but should be removed and replaced to ensure a stable subgrade. • The costs of the related change order items are all consistent with the bid prices for relevant bid items on this and other projects within the city. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost increase of $75,310.00 (3.5% of original contract). The associated expenditure will be the responsibility of the City's Major Street Fund. ATTACHMENTS: • Change Order No. 3, pages and. Rai SRF No. 0004008 CITY OF EAGAN CONTRACT NO.: 01-04 CHANGE ORDER NO.: 3 PROJECT 790R/803 DATE: May 16, 2002 PROJECT NAME: Central Parkway, Northwood Parkway and Community Center PROJECT DESCRIPTION The project consists of site grading, sanitary sewer, water main, storm sewer, curb and gutter, and paving for the road reconstruction and utility installation to serve the Central Parkway, Northwood Parkway and Community Center areas. CONTRACTOR: C.S. McCrossan Construction, Inc. 7865 Jefferson Highway P.O. Box 1240 Maple Grove, MN 55311-6240 ENGINEER: SRF Consulting Group, Inc. One Carlson Parkway, Suite 150 Minneapolis, MN 55447 DESCRIPTION OF CHANGE ORDER WORK This Change Order consists of adding several items of additional work to provide for the removal and replacement of organic/muck material discovered in the proposed Northwood Parkway subgrade. JUSTIFICATION FORIPURPOSE OF CHANGE ORDER This Change Order is necessary due to the discovery of unsuitable organic/muck material encountered in the subgrade of proposed Northwood Parkway east of Pilot Knob Road. These unsuitable grading materials were not originally anticipated based on the project's soil borings but must be removed and replaced to ensure a stable subgrade. ~v i Change Order No. 3 -2- May 16, 2002 DESCRIPTION OF WORK ITEMS Item No. Item Description uanti Unit Unit Price Total 2105.505 Muck Excavation 3500 CU YD $ 8.00 $ 28,000.00 2105.501 Common Excavation 1800 CU YD $ 2.40 $ 4,320.00 2105.522 Select Granular Borrow (LV) 5000 CU YD $ 8.25 $ 41,250.00 2105.523 Common Borrow (LV) 3A6 7 Z S CU YD $ 2.40 $ 1,740.00 Total $75,310.00 CONTRACT STATUS TI IE/COMPLETION DATE AMOUNT Original Contract: June 30, 2002 $2,136,473.27 Change Order No. 1: June 30, 2002 $ 45,131.25 Change Order No. 2: June 30, 2002 $ 52,553.60 Change Order No. 3: June 30, 2002 $ 75,310.00 Subtotal of Previous Change Orders: $ 97,684.85 This Change Order: $ 75,310.00 New Subtotal of All Change Orders $ 172,994.85 Revised Contract $ 2,309,468.12 Percent Increase or Decrease for this Change Order to Original Contract Amount: 3.5% Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: 8.1% Change Order No. 3 -3- May 16, 2002 RECOMMENDED FOR APPROVAL By: /Date: SRF Consulting Group, Inc. By: /Date: C.S. McCrossan Construction, Inc. By: /Date: City Department Manager City of Eagan Council Action: Mayor Clerk Approval Date DISTRIBUTION 1 -City 2 - Contractor 3 - Engineer I ' Agenda Information Memo May 21, 2002 Eagan City Council Meeting Y. FINAL APPROVAL OF ISSUANCE OF YMCA OF GREATER ST. PAUL REVENUE BONDS ACTION TO BE CONSIDERED: To give final approval of documents related to the issuance of revenue bonds for the YMCA of Greater St. Paul under Minnesota Statutes, Sections 469.152 through 469.165. FACTS: • The City has been contacted by representatives of the YMCA of Greater St. Paul about issuing revenue bonds under the City's name. The City bears no obligation in such conduit debt issues. The sole responsibility for repayment rests with the YMCA. • A public hearing was held May 7, after which the Council gave preliminary approval of the transaction. • John Utley of the firm Kennedy and Graven is bond counsel for the YMCA and will be in attendance to answer questions as necessary. • The bonds represent a refinancing of debt issued through the City in 1995 and 1996, plus additional funds for long-tern financing of the childcare facility built at the Eagan YMCA this past fall. Current low rates will allow the YMCA to realize substantial savings on interest payments by issuing these bonds. • The City issued $2,486,000 in bonds in 1995/96. The YMCA has indicated the proposed issue will be approximately $3,100,000. • The issue will not affect the City's ability to obtain favorable interest rates under the "bank qualified" rules for bond issuances in the current year. • The City's bond counsel, Steve Rosholt, of Faegre & Benson has reviewed the required documents on behalf of the City and is comfortable with them. ATTACHMENTS: • Enclosed on pages 'Wo through is a resolution approving the proposed issuance of revenue bonds, approving the form and authorizing execution of the revenue note and related documents, and providing for the security, rights and remedies with respect to the note. • Note: The loan documents are lengthy and, accordingly, not included in this packet. They are available for review from the Finance Department upon request. RESOLUTION NO. A RESOLUTION OF THE CITY OF EAGAN, MINNESOTA, APPROVING AND AUTHORIZING THE ISSUANCE OF ITS REVENUE NOTE (YMCA OF GREATER SAINT PAUL PROJECT), SERIES 2002, UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165, AS AMENDED, TO FINANCE PROPERTY FOR THE BENEFIT OF YMCA OF GREATER SAINT PAUL; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF THE REVENUE NOTE AND RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES WITH RESPECT TO THE REVENUE NOTE WHEREAS, under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act"), each municipality and redevelopment agency of the State of Minnesota (as defined in the Act), including the City of Eagan, Minnesota (the "City"), is authorized to issue revenue obligations to finance improvements to land and buildings and capital equipment for the benefit of a revenue producing enterprise to be owned by a contracting party (as defined in the Act); and WHEREAS, the City has proposed to issue a revenue obligation to be designated the Revenue Note (YMCA of Greater Saint Paul Project), Series 2002 (the "Revenue Note" or the "Note"), and loan the proceeds derived from the sale of the Revenue Note to YMCA of Greater Saint Paul, a Minnesota nonprofit organization (the "Borrower"), to finance the construction of all or a portion of the costs of a 14,000 square-foot expansion and renovation of the existing 58,000 square-foot facility of the Borrower in the City of Eagan, Minnesota (the "Project"), and to redeem and prepay the outstanding principal amount of the Commercial Development Revenue Notes, Series 1995 (YMCA of Greater Saint Paul Project) (the "Series 1995 Notes"), issued by the City on June 22, 1995 in the original aggregate principal amount of $2,310,000, and the outstanding principal amount of the Commercial Development Revenue Notes, Series 1996 (YMCA of Greater Saint Paul Project) (the "Series 1996 Notes"), issued by the City on April 4, 1996 in the original aggregate principal amount of $1,086,000 ; and WHEREAS, the Revenue Note is proposed to be purchased by Wells Fargo Brokerage Services, LLC (the "Lender"), and the proceeds derived from the sale of the Revenue Note will be loaned to the Borrower pursuant to the terms of a Loan Agreement, dated as of May 1, 2002 (the "Loan Agreement"), between the City and the Borrower; and WHEREAS, the payment of the principal of, premium, if any, and interest on the Revenue Note will be secured by: (i) the revenues derived from the Loan Agreement to be assigned to the Lender pursuant to the terms of the Assignment of Loan Agreement, dated as of May 1, 2002 (the "Assignment'), from the City to the Lender; (ii) a letter of credit (the "Letter of Credit") issued by Wells Fargo Bank, National Association (the "Bank"); and (iii) such other security as may be required from the Borrower by the Lender. 1 OA I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA, THAT: 1. The City acknowledges, finds, determines, and declares that the issuance of the Revenue Note is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Note and the other actions of the City under the Loan Agreement and this resolution constitute a public purpose and are in the best interests of the City. 2. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Note in the principal amount not to exceed $3,250,000. The Note shall bear interest, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the form of Revenue Note now on file with the City and in the form of the Loan Agreement now on file with the City. The City hereby authorizes the Revenue Note to be issued as a "tax-exempt bond" the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. All of the provisions of the Revenue Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Revenue Note shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the principal amount of the Revenue Note, the determination of the interest rates on the Note, and changes to the terms of redemption of the Note) as the Mayor and City Administrator of the City (the "Mayor" and "City Administrator," respectively), in their discretion shall determine. The execution of the Revenue Note with the manual or facsimile signatures of the Mayor and the City Administrator and the delivery of the Revenue Note by the City shall be conclusive evidence of such determination. 3. The Revenue Note shall be a special obligation of the City payable by the City solely from the revenues derived by the City from the Loan Agreement, assigned to the Lender pursuant to the Assignment, and from other security provided by the Borrower including the Letter of Credit. 4. The City hereby authorizes and directs the Mayor and the City Administrator to execute and deliver the Loan Agreement and the Assignment in the forms now on file with the City. All of the provisions of the Loan Agreement and the Assignment when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement and the Assignment shall be substantially in the forms on file with the City, which are hereby approved, with such necessary and appropriate variations, omissions and insertions as the Mayor and the City Administrator in their discretion shall determine. The execution of the Loan Agreement and the Assignment with the manual or facsimile signatures of the Mayor and the City Administrator and the delivery of the Loan Agreement and the Assignment by the City shall be conclusive evidence of such determination. 2 $'1 5. The Revenue Note shall be a revenue obligation of the City the proceeds of which shall be disbursed pursuant to the Loan Agreement, and the principal, premium, and interest on the Revenue Note shall be payable solely from the proceeds of the Revenue Note, the revenues derived from the Loan Agreement, and the other sources set forth in the Loan Agreement. 6. The Lender is hereby appointed as Paying Agent and Bond Registrar for the Note. 7. The Mayor and the City Administrator of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Note, including the City Tax Certificate, the Information Return for Tax-Exempt Private Activity Bond Issues, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Revenue Note. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its approving legal opinion with respect to the Revenue Note. 8. All covenants, stipulations, obligations, and agreements of the City contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the City Council of the City by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the City, or any officer, agent or employee of the City in that person's individual capacity, and neither the City Council nor any officer or employee executing the Revenue Note shall be liable personally on the Revenue Note or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Revenue Note or in any other document relating to the Revenue Note, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Note, as provided therein and in the Loan Agreement. 9. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm, other than the City, the Borrower, and any holder of the Revenue Note issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned 3 I documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, the Borrower, and any holder from time to time of the Revenue Note issued under the provisions of this resolution. 10. In case any one or more of the provisions of this resolution, other than the provisions contained in Section 3 hereof, or of the aforementioned documents, or of the Revenue Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents; or of the Revenue Note, but this resolution, the aforementioned documents, and the Revenue Note shall be construed 'and endorsed as if such illegal or invalid provisions had not been contained therein. 11. The Revenue Note, when executed and delivered, shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Revenue Note and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Revenue Note, and to the execution of the aforementioned documents to happen, exist and be performed precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 12. The officers of the City, bond counsel and other attorneys, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Revenue Note for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Revenue Note, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the City is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council shall be authorized to act in her capacity and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Administrator of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by any member of the City or any officer of the City delegated the duties of the City Administrator, with the same force and effect as if such documents were executed and delivered by the City Administrator of the City. 13. The Borrower will pay the administrative fees of the City and pay, or upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Revenue Note, whether or not the Revenue Note is issued. 14. This resolution shall be in full force and effect from and after its passage. 4 93 Adopted by the City of Eagan, Minnesota, this day of May, 2002. Mayor City Administrator NR185-085 (JU) 211072v.2 5 0 OY Agenda Information Memo May 21, 2002 A. BUILDING MOVE PERMITS - KEVIN MANLEY ACTION TO BE CONSIDERED: • To approve three separate Building Move permits to relocate three houses with attached garages to the Natures Edge Subdivision. FACTS: • The Natures Edge Subdivision was approved at the May 7, 2002 City Council meeting. • House #1, a 73' x 39' split-level home, is to be moved from 4711 Dodd Road to 681 Shelerud Drive. • House #2, a 69' x 36' two-story home, is to be moved from 4665 Dodd Road to 685 Shelerud Drive. • House #3, a 92' x 34' rambler, is to be moved from 4695 Dodd Road to 689 Shelerud Drive. BACKGROUND/ATTACHMENTS: ~r Staff report, pages ~b through a 9 Map, page SS Planning Report - Natures Edge May 21, 2002 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 10, 2002 APPLICANT: Kevin Manley HEARING DATE: May 21, 2002 PROPERTY OWNER: Manley Land Co PREPARED BY: Dale Schoeppner REQUEST: Building Move Permits LOCATION: 681, 685, 689 Shelerud Drive Lots 1, 2, & 3, Block 1, Natures Edge COMP PLAN: LD, Low Density (0-4 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Mr. Manley is requesting three Building Move permits to relocate three homes with attached garages on Lots 1-3, Block 1, Nature's Edge. House #1, a 73'x 39' split-level home, is proposed to be moved from 4711 Dodd Road to Lot 1, Block 1, Natures Edge. This home was built in 1983. House #2, a 69'x 36' two-story home, is proposed to be moved from 4665 Dodd Road to Lot 2, Block 1, Natures Edge. This home was built in 1967. House #3, a 92'x 34' rambler, is proposed to be moved from 4695 Dodd Road to Lot 3, Block 1, Natures Edge. This home was built in 1968. AUTHORITY FOR REVIEW City Code Chapter 4, Section 4.10, gives the Protective Inspections Division authority to issue permits to move a building out of the City and authorizes the City Council to issue a permit to move a building to a location within the City. City Code, Chapter 4, Section 4. 10, Subd. 13 states that a moving permit shall be denied for any one of the following: A. The applicant has not complied with any requirement of this section. 042 I Planning Report - Natures Edge May 21, 2002 B. Moving the building would endanger persons or property in the City. C. The building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it would constitute a danger to persons or property in the City. D. The building is structurally unsafe or unfit for the purpose for which it is moved. E. The equipment for moving is unsafe and persons and property would be endangered by its use. F. The building or its use would not be in compliance with zoning, building codes or other provisions of the City Code. G. If the building to be moved is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Comparative age, bulk, architectural style and quality of construction of both the building to be moved and the other buildings in the neighborhood shall be considered in determining whether a building is in substantial variance. If the building to be moved is more than ten years older than the oldest building situated on lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance. SURROUNDING USES Parcels to the south and west are unoccupied. The parcel to the north contains a single-family dwelling built in 1972. The parcel across Dodd Road to the east contains a single-family dwelling built in 1969. EXISTING CONDITIONS The subject site, Natures Edge, was approved for Final Subdivision at the May 7, 2002 City Council meeting. Two of the homes are presently on bridging and parked next to their proposed final location. The third home will be moved from the south side of Natures Edge to the north side. EVALUATION OF REOUEST The proposed placement of the homes meets City Code setback and lot coverage requirements. A Building Inspector from the Protective Inspections Division has conducted a site inspection of the houses as required by City Code. Subsequent to the inspections, the applicant has been informed that the Uniform Building Code requires moved buildings to be upgraded to current standards. All three houses appear to be structurally sound. S'~ Planning Report - Natures Edge May 21, 2002 SUMMARY/CONCLUSION Mr. Manley is requesting permits to move three houses with attached garages to the Natures Edge subdivision. The appropriateness of these homes being located in a new subdivision is a policy question to be determined by the City Council. ACTION TO BE CONSIDERED To approve a Building Move Permit for a house with attached garage from 4711 Dodd Road to Lot 1, Block 1, Natures Edge, subject to conditions 1-5. To approve a Building Move Permit for a house with attached garage from 4665 Dodd Road to Lot 2, Block 1, Natures Edge, subject to conditions 1-5. To approve a Building Move Permit for a house with attached garage from 4695 Dodd Road to Lot 3, Block 1, Natures Edge, subject to conditions 1-5. 1. Natures Edge Final Subdivision is recorded with Dakota County. 2. An as-built grading plan is received as required by the Natures Edge Development Contract. 3. The house is modified as required by the Uniform Building Code. 4. A building permit for the foundation and interior improvements would be applied for and issued prior to construction. 5. The house is located in a manner that meets all City Code requirements for the R-1 zoning districts. I Q Eagan Boundary Centerline P l Area Location Map ~sv°arcel Area E:] Building Footprint 4 R 4t a 6 ct - e ' '455 e~ m P ® - ~ d ~®y,~ t E S a EE a d a f sm a Q d q + 61 Subject Site a ~ 0 mr,~ Get s 16 9 a n I ~ I ® ~ II ✓ ~I a 7 _ _ m 93 1000 0 1000 2000 Feet POW Development/Developer. Kevin Manley Application: Building Move P Case No.: Map Pnpa VNw J.1. Parnl baw map data provided N by Dakota County Survey DepaMUrd and Is currant as of Mamh 2002. TNIS MAP IS INTENDED FOR REFERENCE USE ONLY W E 41c, 1 ity of Eagan M i n• .v E 5 O ; A The City of Eagan and Dakota county do not guarantee the accuracy of this Information and are S Germ vrty oavatopmmt Departnent not responsible for errors or omissions. a j Not- I I R u n •il r w a__-• v~ . w s lass ~o 14 19m 6!ad~ / _ _ ro. n ROAD _ ISN- W }pal / J ~ J 1M'„+ Dsaysw 'I :,fir ~ o~ In ii N `Z Isf Q Ia I~f xl _ J w 'a ..sue if sQ~-- itlo.mM ~ X b' CSI I. LLJ ° • w i I I I ~ I I?i ~ -wgl izi.olmu Yi „-3---"---- ~I r---------I' s I ss~ c - • I 1 1 it I ^ Jf i) ' `4`e~: i Or C Z '~Mf L________J I• 3 y~ I nZ _ _ ---4*4 c R L`a~l.~ss.r~'"on_-~ ~ • I ~ r~ _ _ ••x~ ouc 1 - w wl ^ I ~ al I pp ; 1 X^ al ~ ~ I. I /i-1 ^II s'I a Igg~ .ow xv.rr yytt a p___L____ it ` •.al.u~s \ } I- r,' ' I I o a / t la I i 20 f s Is ♦ I I ~ ' I ~ O- ; r I I i I a ' I A I I ~ w y Ly ^ wino ak^ 1~ sv~l jsai8 90 Agenda Information Memo May 21, 2002, Eagan City Council Meeting B. VARIANCE -JEFF & KIMBERLY WILSON (3927 BOSTON COURT) ACTION TO BE CONSIDERED: To approve an 8 foot Variance from the required 30 foot front yard setback for the construction of a garage addition on property located at 3927 Boston Court (Lot 8, Block 1, Lexington Square 2nd Addition) in the NW '/a of Section 23. FACTS: • The subject site was platted as part of Lexington Square 2nd Addition, which is part of the Lexington Square development that included 372 single family lots. • Lexington Square 2"d Addition was approved with 20 conditions, one of which stated that no variance for setback or lot coverage shall be allowed except for topographic or vegetation reasons. • The applicant would like to construct a 14 foot by 22 foot (308 square feet) garage addition 22 feet from the front property line (Boston Court). • The proposed addition would meet the required side yard setback. • The elevation plan indicates the proposed addition would blend with the existing architecture and materials of the home. • The applicant contends that the Variance is needed to accommodate additional storage space. • In 1997, an 11.5 foot front yard setback Variance was granted for a third stall garage addition within the Lexington Square development. • Only 5 of the 24 properties that are within 200 feet of the subject site (that is, those that were noticed about the Variance request) have larger than a two-stall garage, according to surveys on file at the City. • Three of the 24 properties have garages that are smaller (i.e., 20 feet by 22 feet) than the applicant's attached garage. ISSUE: • The condition upon which the Variance appears to be based is applicable to other properties within the PD zoning district. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. ATTACHMENT (1): Planning staff report, pages through 9/ PLANNING REPORT CITY OF EAGAN REPORT DATE: May 17, 2002 CASE: 23-VA-04-04-02 APPLICANT: Jeff & Kimberly Wilson HEARING DATE: May 21, 2002 PROPERTY OWNER: Same PREPARED BY: Cynthia R. Kirchoff REQUEST: Variance LOCATION: 3927 Boston Court (Lot 8, Block 1, Lexington Square 2°d Addition) COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST Jeff and Kimberly Wilson are requesting an 8 foot Variance from the required 30 foot front yard setback for the construction of a garage addition on property located at 3927 Boston Court (Lot 8, Block 1, Lexington Square 2nd Addition) in the NW '/a of Section 23. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 90z Planning Report - Wilson Variance May 17, 2002 Page 2 CODE REQUIREMENTS City Code Section 11.20, Subd. 6, A, requires a 30 foot front yard setback on property zoned R- l. BACKGROUNDIHISTORY The subject property was platted with the Lexington Square 2nd Addition, which was approved in 1985. One of the conditions of approval stated that no variances from required setbacks shall be permitted except for topographic or vegetation reasons. In 1986, the single family dwelling with attached two-stall garage was constructed. The subject site is a corner lot. EVALUATION OF REQUEST Proposal - The applicant is requesting a Variance to allow for the construction of a 308 square foot (14 feet by 22 feet) garage addition to an existing 484 square foot (22 feet by 22 feet) attached garage on property zoned PD (Planned Development). The Zoning Ordinance requires a 30 foot setback for buildings abutting public rights-of-way. The proposed building setback is 22 feet. y . The existing single family dwelling maintains a 44.5 foot setback from Boston Hill Road and a 30.5 foot setback from Boston Court. The proposed addition meets all other required setbacks, according to the site plan. The elevation plan indicates the proposed addition blends with the existing architecture and materials of the home. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. Lexington Square is a large single family development, which contains 373 lots. The development is zoned PD (Planned Development) because many of the lots deviate from the R-1 (Residential Single Family) minimum lot size of 12,000 square feet. The subject site is 19,079 square feet, the largest in the 2nd Addition. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. It does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. q3 Planning Report - Wilson Variance May 17, 2002 Page 3 The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance and the Planned Development. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to exceed this maximum requirement, it appears to be contrary to the intent of the ordinance. One of the conditions of approval of Lexington Square 2' Addition was that Variances from required setbacks should only be granted for topography and vegetation reasons. The request does not seek relief to preserve trees or topography. Thus, the request appears to be contrary to the original conditions of approval of the subdivision/Planned Development. A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 3" stall garage addition. The property has the same use as those within 200 feet and the same opportunity to construct a single family home with two-stall garage without relief from the Zoning Ordinance. The applicant has an accessory use similar to those within 200 feet. Only five of the 24 properties that are within 200 feet (and noticed about the Variance request) have larger than a two-stall garage, according to surveys on file at the City. Seventeen of the 24 have a two-stall garage and two did not have a survey on file. Three properties have garages that are smaller (i.e., 20 feet by 22 feet) than the applicant's existing attached garage. In 1997, a 11.5 foot Variance was granted to construct a third-stall garage at 1073 Ticonderoga Trail. This property is not located within 200 feet of the subject site, but is located within the Lexington Square development. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative indicates that the house placement created the hardship, and the garage addition would be utilized for storage. The garage addition cannot be set back any further because of two existing windows and a gas fireplace on the north elevation of the home. SUMMARY/CONCLUSION The applicant is requesting a setback Variance for the construction of a garage addition. A single family dwelling with a two-stall garage is present on the site. The applicant has indicated that the alleged hardship is the house placement, which does not allow for the expansion of the garage. The majority of the properties within 200 feet only have an attached two-stall garage, so relief from the Zoning Ordinance would allow the applicant to have a privilege that other properties within the vicinity may be denied. The addition could be reduced in size and shifted further to the west (or back) to meet the minimum 30 foot setback. 9V Planning Report - Wilson Variance May 17, 2002 Page 4 The condition upon which the variance appears to be based is applicable to other properties within the R-1 zoning district. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. The property meets the minimum lot area and lot width requirements. A determination regarding relief from the Zoning Ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve an 8 foot Variance from the required 30 foot front yard setback for the construction of a garage addition on property located at 3927 Boston Court (Lot 8, Block 1, Lexington Square 2nd Addition) and in the NW '/4 of Section 23. If approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for an extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The exterior materials of the garage addition shall match those on the principal structure. a Eagan Boundary N Ares Par~eel Area Location Map 12~s "'n' Building Footprint d 1 _ _ lJ it 1 ~ d' D L5 93 0 ~ fl `f ZI ~f 1 NI/ _ a G • Aa Q I ' t? aG v a'*@8668 ~ ~ • P' ~ - - !F > r. r v Y a ~a © r qa O m A. Sub'ect Site z a ~ w n f ~ ~ p o as J a g 1000 0 1000 2000 Feet Development/Developer. Jeff and Kimberly Wilson Application: Variance Case No.: 23-VA-040402 Map Prepared using ERSI ArWew 7.1. Pamal bap map data provided N by Dakota County Land Survey Deparfirnt and Is tureen as of March 2002. THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City of Eagan , I N t.` E 5 0 T The City of Eagan and Dakota County do not guarantee the accuracy of this Information and era S Ceinwwnlty D■Yerepwlawt Depart-nt not responsible for errors or omissions. i I I .I ~ ( I N ~4 ~ I 3g'uzc: ~ I U 4"~+ 4 N t7 ~ ' rat C~S~M(rZ N p ~ a O - - - - ~-a ~r c r°. C \ - (05, - - ~OJ1..~~lwR+D L ~ ~ 2~ ~ o ~Co G o u~(z-~ col SITE PLAN 0 1 ~ + a 3 ( 41 I 1LL 0 S - ~3 • 1 ~ JI I I _ 'b.•uAn9 +i+i..w ~ ~ ~ I ~ I I I I I +A'~b P Q 9 3 ~ k i r~1r rn °s 3 f~ ~ C i I ~ r o f I• • ~ J II~~ I~ VIII ~ a o I s j ' I III I .s ~ 'f J \ a r I I 1 2 > ; ~ I ~y I I 0 ; c^ • J ~ C r ~ rib t-2 i I03 S ~ i~ ~ ~ 13oZa x i 1 s III ILIA 2 3 I 111II I I --~1 fli a~~1 ELEVATIONS To whom it may concern: This is in regards to the property of Jeff and Kimberly Wilson at 3927 Boston Court, Eagan Minn. 55123. The land surrounding our property is zoned for residential single family homes. We are applying for a variance and are submitting a development application. We have been receiving bids from 3 builders for the installation of a 3rd car attached garage. We would like to proceed with the construction of this garage this coming summer. The builder we have selected is J&D Builders in ST. Paul. The property currently has a 22' by 22' attached 2-car garage. We are proposing the building of an additional 14' by 22' attached garage. The blueprints were developed by Don Eyrich in October of 2001. He concluded upon measuring our property that from the garage to the property line is 22 feet which is short the 30 feet required by the city. Please see attached blueprints. - Our problem is that we are unable to set the garage back any further. We are currently setting the garage back already 4 feet to avoid moving the meter and electric box we encounter upon entering the garage. Setting the garage back further will block 2 existing windows on the house and come too close to the gas fireplace. When Rotland builders built the home in 1986 they set the home in 44.5 feet from Boston Road to provide more privacy from the thru street, however it did not allow for expansion of the garage. We do however on the side of the garage have plenty of open property to our neighbors lot line, 27.5 feet. We need your approval and blessing on this project to continue. We are asking to build this because with 3 boys we are running out of storage space and room in the existing garage. We currently store some of the garage items in the basement. We also are planning for an additional car as our boys get older and will be driving soon. We appreciate everyone taking the time to read and evaluate this proposal for the 3rd car attached garage. Please feel free to ask any questions that may arise. Thank you. Sincerely: Jeff and Kim Wilson 9 NARRATIVE To all our neighbors: The Wilsons at 3927 are adding a third car attached garage this year. We have a problem however meeting the city code. Our new garage is 22 feet from the property line and city code indicates it must be 30. So we are planning to apply for a variance this week and ask the planning/zoning commission and the city council for permission. We would greatly appreciate your support in this project. The city will be mailing out a letter to everyone. If you have any questions please feel free to talk with us. Our date with the city is uncertain at this time however we are planning on being completely prepared when we meet with them. We are asking for signatures of our neighbors to help support us. Thank you so much. and Jeff Agenda Information Memo May 21, 2002, Eagan City Council Meeting C. VARIANCE - NEAL GRASS (2037 EMERALD LANE) ACTION TO BE CONSIDERED: To approve a 6 foot Variance from the required 30 foot front yard setback for the construction of an open porch addition to an existing single family dwelling on property located at 2037 Emerald Lane (Lot 17, Block 9, Cedar Grove No. 1) in the SE 1/4 of Section 19. FACTS: • The applicant would like to construct a 6 foot by 20 foot covered porch on the front of an existing home. • In 1960, the existing dwelling was constructed on the property, and according to the site plan submitted by the applicant, the home maintains a 30 foot front yard setback. • The porch is proposed to be 24 feet from the front property line abutting Emerald Lane. • The porch addition appears to blend with the style of the home. • The applicant contends that the porch would not interfere with the use and enjoyment of neighboring properties. • Two Variances have been granted in the last 5 years from the front yard setback for porches within the Cedar Grove No. 1 subdivision. ISSUE: • The condition upon which the Variance appears to be based is applicable to other properties within the R-1 zoning district. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. ATTACHMENT (1): Planning staff report, pages through /D/ PLANNING REPORT CITY OF EAGAN REPORT DATE: May 17, 2002 CASE: 19-VA-05-04-02 APPLICANT: Neal Grass HEARING DATE: May 21, 2002 PROPERTY OWNER: Same PREPARED BY: Cynthia R. Kirchoff REQUEST: Variance LOCATION: 2037 Emerald Lane (Lot 17, Block 9, Cedar Grove No. 1) COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Residential Single Family SUMMARY OF REQUEST Neal Grass is requesting a 6 foot Variance from the required 30 foot front yard setback for the construction of an open porch addition to an existing single family dwelling on property located at 2037 Emerald Lane (lot 17, Block 9, Cedar Grove No. 1) in the SE'/4 of Section 19. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. /D ~ Planning Report -Grass Variance May 17, 2002 Page 2 CODE REQUIREMENTS City Code Section 11.20, Subd. 6, A, requires a 30 foot front yard setback on property zoned R- 1. City Code Section 11. 10, Subd. 6, E., 2. states that decks, patios, balconies, stoops, or other similar features (uncovered) that do not extend more than 30 inches above grade may encroach 8 feet into a required front yard setback. BACKGROUNDMISTORY The subject property was platted with the Cedar Grove No. 1, which was approved in 1959. The single family dwelling was constructed in 1960 and detached garage was built in 1965. EVALUATION OF REQUEST Proposal - The applicant is requesting a Variance to allow for the construction of an open porch addition on the front of the existing single family dwelling on property zoned R-1 (Residential Single Family). The porch is proposed to be 6 feet in depth by 20 feet in width (120 square feet). The Zoning Ordinance requires a 30 foot setback for buildings abutting public rights-of- way. The proposed building setback is 24 feet. The proposed addition meets all other required setbacks, W v according to the site plan. The elevation plan indicates the proposed addition blends with the existing home. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The subject site is approximately 10,500 square feet, which is nonconforming (because the minimum lot size in the R-1 zoning district is 12,000 square feet). The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. It does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. A single family dwelling with a detached two-stall garage is present on the site. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green /0.3 Planning Report -Grass Variance May 17, 2002 Page 3 space. Since the request is to exceed this maximum requirement, it appears to be contrary to the intent of the ordinance. A demonstrable hardship is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 120 square foot open porch addition. The property has the same use as those within 200 feet and the same opportunity to construct a single family home with two-stall garage without relief from the Zoning Ordinance. However, two Variances have been granted from the required front yard setback for the construction of open porches in the vicinity. In 1997, a 5 foot Variance was granted from the required 30 foot front yard setback for 4196 Diamond Drive and in 2001, a 5 foot Variance was approved for 4190 Diamond Drive. These properties are not within 200 feet, but they are within the Cedar Grove No. 1 Addition. The Zoning Ordinance permits uncovered features (i.e., decks, balconies, and patios) to encroach 8 feet into a required front yard setback, but it does not permit covered features, such as the proposed porch. Provided that the porch does not operate as an extension of the living space, it still offers the same architectural relief as a deck, balcony or patio. APPLICANT'S ESTIMATE OF HARDSHIP The applicant contends that other properties within the neighborhood have porches that add to the curb appeal of the homes. SUMMARY/CONCLUSION The applicant is requesting a setback Variance for the construction of a porch addition. A single family dwelling with a two-stall detached garage is present on the site. The condition upon which the variance appears to be based is applicable to other properties within the R-1 zoning district. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. However, two Variances for open porch additions have been approved in the general vicinity. Further, other architectural features are allowed to encroach 8 feet into a required front yard setback. A determination regarding relief from the Zoning Ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve a 6 foot Variance from the required 30 foot front yard setback for the construction of an open porch addition to an existing single family dwelling on property located at 2037 Emerald Lane (Lot 17, Block 9, Cedar Grove No. 1) in the SE'/o of Section 19. /D Y I Planning Report -Grass Variance May 17, 2002 Page 4 If approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for an extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The open porch shall not be enclosed. 3. The open porch shall not exceed 6 feet in depth by 20 feet in width and 120 square feet in area. /o s a Eagan Boundary treat rrcel AreasAine Location Map ~ Pa Building Footprint t A $ -F- ~~-l 3 v, 4p• sub eat Site , 9 0 a. a -.•_~---ate d L C 3 S - 0 It x rf> s Lj- do1J r a ` v IXJ a - - ;t A` X 1• - ~ J~4 L• a 6 - ~ _ ~ 4 0 T 1000 0 1000 2000 Feet Development/Developer. Neal Grass Application: Variance Case No.: 19-VA-05-0402 /D6 Map Prepared using ERSI ArcYUw 7.1. Parcel base map data provided by Dakota County Land Survey Deparownt and is current as of March 2002. N' E City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY JV r N N 5 S r The City of Eagan and Dakota County do not guarantee the accuracy of this information and are C-unrty Development D•part-.t not responsible for errors or omissions. - - 5- J v 1 , i I l ~o~SE 1 . PROPOSED ORCH M i C u 2 ►3 `A t~nM E1Z 4 L D L4^1 E 0.31 ~M L-72A-~.,- GAfJ SITE PLAN 1 I ` .M G < I ~ J ' NZ fJ ~0 43 I 1~ Z b x V) ~ 40 i ' PROPOSED PORCF April 30, 2002 To Whom It May Concern: We are seeking an exception to the building code, which requires all buildings to have a 30' setback from the street property line. Our present home front is at the 30' setback now. We would like to add a 6' X 20' open porch extending from the house front. The roof will extend to the front 5' from the existing roof line. This is to be an attractive addition which will conform to the present form and d6cor of the present home. The: _ present front steps and walk will be removed. It will have the same roof and vinyl siding as the present home. The floor of the porch will be 2" X 6" cedar decking. Entrance to the porch will have two steps and a paver walkway. This addition should not hinder our neighbor's view or seem obtrusive from the street. There is a large ash tree currently between the street and the entrance to the house front. The addition will not extend out far enough to require it be trimmed or removed. There are currently in the neighbor hood several houses which have this same type of porch addition to the front, which have been completed during the past few years. These additions have enhanced the curb appeal of these homes and has not posed and obstruction to view from the street. Thank you for your consideration, Neal and Kim Grass 2037 Emerald Lane Eagan, MN 55122 /O NARRATIVE Agenda Information Memo May 21, 2002, City Council Meeting VII. NEW BUSINESS A. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION - CLIFF ROAD PROPERTIES ACTIONS TO BE CONSIDERED To approve a Preliminary Planned Development to allow commercial uses on Outlot B, Cliff Lake Centre, located at the intersection of Rahn Road and Cliff Lake Road in the SW '/4 of Section 29, subject to the conditions in the draft April 23, 2002, APC meeting minutes. To approve a Preliminary Subdivision to subdivide a 6.5 acre outlot into two lots (Cliff Lake Centre 3rd Addition) on Outlot B, Cliff Lake Centre, located at the intersection of Rahn Road and Cliff Lake Road in the SW '/4 of Section 29, subject to the conditions in the draft April 23, 2002, meeting minutes. FACTS: • In 1988, the property was platted as Outlot B, Cliff Lake Centre and the future land use was noted as Multiple Residential (12 to 18 units per acre). • The 2000 Comprehensive Guide Plan designates the land use of the site as RC (Retail Commercial), which provides areas for a variety of retail related uses. • The applicant is proposing to subdivide Outlot B, Cliff Lake Centre into two lots for commercial uses on property zoned PD (Planned Development). • The 5,616 square foot Eagan Pet Clinic, relocating from Cedarvale, is proposed to occupy Lot 1. The specific users for Lot 2 (7,500 square foot retail/office building) are undetermined at this time; however, preliminary architectural elevation plans have been submitted for review. • Lot 1 is proposed to be 1.59 acres and Lot 2, 4.98 acres. Both lots meet all minimum Shoreland Ordinance provisions, including area and lot width. • The Eagan Pet Clinic (Lot 1) is proposed to take access via the Rahn Park entrance and Lot 2 is proposed to have access via Cliff Lake Road. • Both buildings exhibit pitched roofs and all sides of both buildings are faced with the same material. Thus, roof style and exterior materials appear to be consistent with adjacent residential and commercial uses • On April 23, 2002, the APC held a public hearing on both requests. They recommended approval of the Preliminary Planned Development by a vote of 5 to 2. The dissenting Commissioners were in favor of the proposal but did not support the increase in in amount of impervious surface from 16 percent to 25 percent. The Commission recommended approval of the Preliminary Subdivision by a unanimous vote. ISSUES: • At the public hearing, a resident expressed concern regarding traffic, lighting, and signage for this proposal. ATTACHMENTS (2) Draft April 23, 2002, meetin min t pa e luto k V Planning staff report, pageto*1~ CITY OF EAGAN Advisory Planning Commission x April 23, 2002 DKAFT Page 12 F. PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - CLIFF ROAD PROPERTIES A Preliminary Subdivision (Cliff Lake Centre 3rd Addition) of approximately 6.57 acres to create two lots and a Preliminary Planned Development for commercial retail and services on property legally described as Outlot B, Cliff Lake Centre, located on the corner of Cliff Lake Road and Rahn Road in the SW '/4 of Section 29. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated April 18, 2002. She noted the background and history. Peter Coyle, Larkin and Hoffinan Law Firm stated his availability for questions and introduced those accompanying him. He stated it has been confirmed with Staff that the water quality cash dedication has already been addressed by Hoffman Development Group as a prior approval for this project and should not be an item for approval on this application. He further stated that the financial obligation for the lateral sanitary sewer assessment has been addressed by the developer as part of the prior approvals for the project. Planner Kirchoff suggested deleting condition number four on the preliminary subdivision due to the water quality fees being previously addressed. Mr. Coyle stated Condition # 3 of the preliminary planned development limited the impervious surface on both Lot 1 and Lot 2 shall be limited to 16 percent. He requested that the 25 percent be the upper limit consistent with code to provide flexibility for the unknown uses of Lot 2. He explained that Condition # 9 regarding the relocation of the trash enclosure would not be a problem. He further explained that a three-foot berm is proposed and if the Planning Commission recommends it, the landscaping could be moved to the top of the berm for additional screening. He stated the changes requested by Staff will be made to the lighting plan. He requested that the land uses specified in Condition # 14 not be included at this time due to the unknown uses of Lot 2. Chair Huusko opened the public hearing. Angela Landway, neighboring townhome owner, addressed concern with lighting, traffic and signage. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. I CITY OF EAGAN Advisory Planning Commission DRAFT April 23, 2002 Page 13 Planner Kirchoff addressed the lighting concerns and stated condition 12 will protect the neighboring residents. Chair Huusko inquired about the three-foot berm and asked if it would be appropriate for screening. Planner Kirchoff stated some berming could be accepted as screening. Member Kaess suggested removing condition five. Member Segal stated he disagrees with the removal of condition five. Member Segal moved, Member Kaess seconded a motion to approve the Preliminary Planned Development to allow commercial uses on Outlot B, Cliff Lake Centre, located at Rahn Road and Cliff Lake Road in the SW 1/4 of Section 29 subject to the following conditions as amended: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City. 2. The Planned Development shall expire in 5 years. 3. The impervious surface on both Lot 1 and Lot 2 shall be limited to 4-6 25 percent. 4. The permitted use for Lot 1 shall be limited to the following: a. Animal clinic. 5. The permitted uses for Lot 2 shall be limited to the following: a. Neighborhood oriented retail. b. Professional offices. 6. A minimum of 30 parking stalls shall be provided for the Eagan Pet Clinic on Lot 1. 7. The development on Lot 2 shall comply with the bulk standards of the NB (Neighborhood Business) Zoning District. 8. A revised landscape plan shall be submitted indicating the following: a. The plant schedule shall be revised to specifically indicate the species and number to be planted. b. All parking and loading areas shall be screened from public rights- of-way with a 3 foot tall 75 percent opaque screen. f CITY OF EAGAN Advisory Planning Commission Diriiil. I* F T April 23, 2002 Page 14 C. All shrubs shall be a minimum of 3 feet in height at the time of planting. d. Additional overstory and understory trees on both Lot 1 and Lot 2. 9. The trash enclosure for the building on Lot 2 shall be attached to the principal structure. 10. Any rooftop mechanical equipment shall be screened from public rights- of-way and the adjacent park property. 11. All light fixtures, including wall mounted fixtures, shall be cut-off and shielded to prevent glare. 12. The lighting plan shall be revised to limit illumination to 1 footcandle at the property line. 13. Wall mounted signage shall be limited to 2 feet in height and to those elevations that abut public rights-of-way. 14. All freestanding signage shall comply with the Sign Ordinance. Aye: Segal, Bendt, Steininger, Nosbush and Kaess. Nay: Stackhouse and Chair Huusko. Motion carried. Member Stackhouse stated she voted against approval because the impervious surface should remain at 16 percent rather than the requested 25 percent. Chairman Huusko concurred with Member Stackhouse and stated he is in favor of the limitation of 16 percent impervious surface requirement. Member Kaess stated he voted in favor of the motion, however he feels the City is micromanaging the owners of the property. Member Segal moved, Member Bendt seconded a motion to approve the Preliminary Subdivision to subdivide a 6.5 acre outlot into two lots (Cliff Lake Centre 3Td Addition) on Outlot B, Cliff Lake Centre, located at Rahn Road and Cliff Lake Road in the SW of Section 29 subject to the following conditions as amended by Staff: /,c3 I CITY OF EAGAN Advisory Planning Commission April 23, 2002 Page 15 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 2, 1993: Al; B1, 4; C1, 2, 4; D1; and E1. 2. The property shall be platted. 3. The developer shall enter into a Planned Development Agreement with the city. dedieatien in lieu of stenn-,vatef pending to meet the City's water quality 5. This development shall be required to install Tree Protective measures (i.e., orange colored silt fence or 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on- site. 6. This development shall be required to contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 18, 2002 CASES: 29-PS-04-03-02 29-PD-02-03-02 APPLICANT: Cliff Road Properties HEARING DATE: April 23, 2002 PROPERTY OWNER: Same APPLICATION DATE: March 21, 2002 REQUEST: Preliminary Planned Development PREPARED BY: Cynthia R. Kirchoff Preliminary Subdivision & (Cliff Lake Centre 3' Addition) LOCATION: Outlot B, Cliff Lake Centre SW quadrant of Cliff Road & Rahn Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Cliff Road Properties is requesting a Preliminary Planned Development for commercial uses and a Preliminary Subdivision to create two lots on 6.6 acres (Cliff Lake Centre 3`a Addition) on property legally described as Outlot B, Cliff Lake Centre, located on Cliff Road and Rahn Road in the SW of Section 29. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage i i Planning Report - Cliff Lake Centre 3`d Prelim. PD & Subd. April 18, 2002 Page 2 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. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." 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: Planning Report - Cliff Lake Centre 3`d Prelim. PD & Subd. April 18, 2002 Page 3 (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The subject site is part of the Eagan Hills West Planned Development, which was created in 1979. The intended land use was High Density Residential (12 to 16 units per acre). In 1988, the property was platted as Outlot B, Cliff Lake Centre and the future land use was noted as Multiple Residential (12 to 18 units per acre). The site intended to be a buffer between commercial and adjacent residential and park uses. However, concern was expressed during the platting process in the staff report about how and if the subject property would develop due to the pond as a site constraint. The 2000 Comprehensive Guide Plan designates the land use of the site as RC (Retail Commercial), which provides areas for a variety of retail related uses. Zoning classifications consistent with this land use designation include NB (Neighborhood Business), GB (General Business), and CSC (Community Shopping Center). EXISTING CONDITIONS The site is vacant with two stands of significant trees along Cliff Lake Road. A large pond (Pond AP-49) is located in the center, which dictates the location of building placement. It is located within the Cliff Lake shoreland, thus the shoreland ordinance applies to the development of the site. The property abuts both Cliff Lake Road and Rahn Road. Site topography ranges from a low elevation of approximately 874 feet (pond level) to 904 feet in the southeast corner of the site. SURROUNDING USES The following table indicates existing uses, zoning, and comprehensive guide plan designations surrounding the subject property: I ~ Planning Report - Cliff Lake Centre 3`d Prelim. PD & Subd. April 18, 2002 Page 4 Existing Use Zoning Land Use Designation North Cliff Lake Townhomes PD, Planned MD, Medium Density Development Residential South Regal Cinema PD, Planned RC, Retail Commercial Development East Cliff Lake Centre PD, Planned RC, Retail Commercial Development West Rahn Park P, Park P, Park and Recreational Open Space EVALUATION OF REQUEST A. Preliminary Planned Development Proposal - The applicant is proposing to subdivide Outlot B, Cliff Lake Centre into two lots for commercial uses on property zoned PD (Planned Development). The Eagan Pet Clinic, relocating from Cedarvale, is proposed to occupy Lot 1. The specific users for Lot 2 are undetermined at this time; however, preliminary architectural elevation plans have been submitted for review. One of the two existing stands of significant trees would be removed with the building placement on Lot 2. Lot 1 would have access via the Rahn Park entrance and Lot 2 from Cliff Lake Road. Compatibility with Surrounding Area - The surrounding uses include a commercial center, City park, and townhomes. The proposed uses are consistent with Cliff Lake Centre and appear to be compatible with the adjacent townhomes and park with proper mitigation. The RC (Retail Commercial) land use designation intends to provide areas for a variety of retail related uses. The Comprehensive Guide Plan states "neighborhood commercial development should be designed at a scale compatible with nearby residential uses." Permitted Uses- An animal clinic is proposed for Lot 1. The applicant has not identified the specific users for Lot 2. However, appropriate uses for Lot 2 could include neighborhood oriented retail and professional offices. Since the property is zoned PD and is adjacent to medium density residential and a large commercial center, the proposed site plans were reviewed under the NB (Neighborhood Business) zoning standards. The intent of this zoning district is to provide for areas that are located in the center of a residential neighborhood to serve the daily needs of adjoining residents. An animal clinic is a conditional use in this zoning district. Retail establishments and offices are permitted uses. Site Plan - A 5,616 square foot animal clinic is proposed on Lot 1 and a 7,500 square foot retail/office building is proposed on Lot 2. r Planning Report - Cliff Lake Centre 3rd Prelim. PD & Subd. April 18, 2002 Page 5 Bulk Standards - Both buildings meet the NB (Neighborhood Business) minimum and maximum standards as set forth in the Zoning Ordinance, including minimum building and parking setbacks, minimum green area, and maximum building coverage and building height. Shoreland Overlay - The property lies within Cliff Lake (General Development Lake) shoreland and is thus required to comply with standards in the Shoreland Ordinance. Only 25 percent of a lot can be covered with impervious surface. The impervious surface on Lot 1 is proposed to be 28.7 percent and on Lot 2 it is proposed to be 12 percent. However, the overall impervious surface is 16 percent. The ordinance allows the 25 percent to be exceeded with the issuance of a Conditional Use Permit provided the City has adopted and implemented a stormwater management plan and requires the necessary mitigation features to meet non-degradation standards for phosphorus for the nearest downstream recreational water body. The increase in impervious surface could be approved as part of the Planned Development in lieu of a Conditional Use Permit. Landscaping - The Zoning Ordinance requires that landscaping equal 3 percent of the building value, excluding the land and site improvements. It appears as though the amount of proposed landscaping does not meet this standard. Further, the plant schedule for both sites indicates general categories with quantities and various plant names. It does not indicate exactly what species is proposed to be planted in a specific location on the site plans. The landscape plan should to be revised to provide this information. Also, parking areas must be screened from rights-of-way with the use of a 3 foot high 75 percent opaque screen at the time of planting. The landscape plan indicates shrubs propose to screen . both parking lots from public rights-of-way. According to the plant schedule, the plantings are 24 inches. The Zoning Ordinance requires shrubs to be 3 feet in height at the time of planting. Architecture/Exterior Materials - The exterior materials of the Eagan Pet Clinic include brown brick veneer, cedar siding, and asphalt shingles. The retail commercial building's exterior materials include: brick, stucco, rock face block, and asphalt shingles. The materials are carried through on all elevations of both buildings. Both buildings exhibit pitched roofs and all sides of both buildings are faced with the same material. Thus, roof style and exterior materials appear to be consistent with adjacent residential and commercial uses. Parking - The site plan indicates that 30 parking stalls would be provided for the animal clinic. The Zoning Ordinance requires one stall per 150 square feet of gross floor area for medical clinics, so 37 parking stalls are required for the 5,616 square foot clinic. The proposed site plan is deficient 7 stalls. The 7,500 square foot retail/office building would require 37 stalls for retail and 50 for office. This assumption is based upon the entire building being leased for one use. The site plan ~~9 Planning Report - Cliff Lake Centre 3`d Prelim. PD & Subd. April-18, 2002 Page 6 indicates that 40 stalls would be provided, thus if the property is utilized for office uses the number of parking stalls would be deficient. The parking deficiency can be approved as part of the Planned Development. Lighting - The proposed lighting plan indicates that four light fixtures on poles 28 foot in height would illuminate parking for the Eagan Pet Clinic. Parking lot lighting for the building on Lot 2 would entail five fixtures on poles also 28 feet in height. Light fixture details have not been submitted for review. The Zoning Ordinance requires any lighting used to illuminate parking areas be shaded or diffused to reflect light away from adjacent properties and traffic. Acceptable illumination levels are approximately 1 footcandle at the property line. The plan indicates that illumination over 1 footcandle would fall onto Cliff Lake Road. Staff recommends that the lighting plan be revised to reduce the illumination to a maximum of 1 footcandle. Roof Top Equipment - The plans do not identify roof top mechanical equipment, however, any such appurtenances shall be screened from public rights-of-way and residential and park uses. Signage - The site plan indicates that two free standing signs are proposed with this development, a 10 feet in height by 4 feet in width sign on Lot 1 and a 12 feet in height by 4 feet in width sign on Lot 2. The Sign Ordinance defines any sign over 7 feet in height as a pylon. A pylon sign requires a Conditional Use Permit. Conditional Use Permits are not issued in Planned Developments, however, the signage could be approved as part of the overall development plans. However, since the property abuts residential and park uses, staff recommends both signs be 7 feet or less in height. The location of the Pet Clinic's (Lot 1) sign appears to be in the 30 foot sight triangle, which is to be free of structures that exceed 30 inches in height for visibility purposes. The sign should be relocated out of the sight triangle and maintain a minimum 10 foot setback. The sign on Lot 2 meets the required 10 foot setback. Also, wall signage is shown on elevation plans for both buildings. The Eagan Pet Clinic signage is shown as 12 inch individual dimensional letters. The preliminary elevations for the building on Lot 2 indicate wall signage at 12 inches in height. Staff would consider individual dimensional letters up to two feet in height acceptable. Trash Enclosure - The Zoning Ordinance requires that trash enclosures be attached to the principal structure in commercial zoning districts. The site plan for the Eagan Pet Clinic indicates that a 6 foot tall trash enclosure is attached to the building. The trash enclosure for Lot 2 is detached from the building. The enclosure should be attached for consistency. Access/Street Design - Public street access is available for Lot 2 directly onto Cliff Lake Road at the median break that is aligned with the Cliff Lake Centre entrance to the east. Public street access for Lot 1 is proposed onto Rahn Road via the Rahn Park entrance. Planning Report - Cliff Lake Centre 3`d Prelim. PD & Subd. April 18, 2002 Page 7 B. Preliminary Subdivision Lots - Lot 1 is proposed to be 1.59 acres and Lot 2, 4.98 acres. Both lots meet all minimum Shoreland Ordinance provisions, including area and lot width. Grading/Storm Drainage - The preliminary grading plan is acceptable. The site is generally open with some lightly wooded areas, and slopes toward the center of the site to Pond AP-49 (as designated in the City Storm Water Management Plan - 1990). Grading is proposed on the north side of the site to accommodate the development. The preliminary storm drainage plan is acceptable. A private storm sewer system draining to Pond AP-49 is proposed to accommodate storm water runoff from the development. Wetlands/Water Quality - As previously mentioned, the Shoreland Zoning Ordinance (Sec. 11.21 City Code) permits a maximum of 25 percent of a lot to be covered with impervious surface (because it is located within 1,000 feet of the ordinary high water level of Cliff Lake, which is state-protected waterbody classified as a Class II-Indirect Contact Recreation water body by the City's Water Quality Management Plan). However, storm water does not runoff from the site to directly into Cliff Lake. The existing on-site pond was designed and constructed to accommodate runoff from the Cliff Lake Centre project. Similar to many other residential and commercial developments, regardless of size, this proposed project is also subject to the City's water quality requirements. The development is proposed to add untreated stormwater to the City's storm drainage system because of limitations of space on the site. Therefore, to meet water quality requirements, this development is subject to a water quality cash dedication in lieu of stormwater ponding. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main services are available for the proposed development. Tree Preservation - The tree inventory indicates that there are 19 significant trees on the property. Individual woodland size and species break down is as follows: Species Avg Diameter Dia. Range Count Percent of Total Bur Oak 13 811-24" 14 74% Red Oak 14" 10"-16" 5 26% The development as proposed will result in the removal of 9 significant trees (or 47.4 percent of the total). According to the City of Eagan Tree Preservation Ordinance, allowable tree removal for this type of development proposal (single-phase, multiple-lot, commercial) is set at 47.5 percent of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Planning Report - Cliff Lake Centre 3`d Prelim. PD & Subd. April 18, 2002 Page 8 Parks and Recreation - Parks and trails dedication requirements have been previously met through the Eagan Hills West Planned Development. SUMMARY/CONCLUSION Cliff Road Properties is requesting a Preliminary Planned Development and Preliminary Subdivision to create two lots for an animal clinic and a commercial use on 6.6 acres. The proposed pet clinic and commercial (neighborhood oriented retail and professional office) uses appear to be compatible with the adjacent residential, commercial and park uses, as it is low intensity commercial development. Further, the architecture is complementary to those nearby uses. The site plan is generally acceptable, however, there are several issues that must be addressed as part of the Preliminary Planned Development approval. The impervious surface on Lot 1 would exceed that permitted in the Shoreland Ordinance. However, the overall impervious surface for both Lot 1 and 2 would be 16 percent. The site plan indicates that both signs propose to exceed 7 feet in height and would be considered pylon signs in the Sign Ordinance. Given the location of the property, it is more appropriate that both signs be ground signs, not pylon signs. The number of parking stalls proposed for both uses would be less than required by the Zoning Ordinance. Lot 1 (Eagan Pet Clinic) would be deficient by 7 stalls. Lot 2 could be deficient by as many as 10 stalls, however, the exact use is not known for this building. The lighting plan indicates illumination would escape into the Cliff Lake Road right-of-way. A determination as to the acceptability of the subdivision of the 6.6 acres and the Eagan Pet Clinic and commercial (retail/offices) uses on this site is considered a policy decision to be determined by the Advisory Planning Commission and City Council. ACTIONS TO BE CONSIDERED To recommend approval of a Preliminary Planned Development to allow commercial uses on Outlot B, Cliff Lake Centre, located at Rahn Road and Cliff Lake Road in the SW 1/4 of Section 29. If approved, the following conditions should apply: 1. The applicant shall enter into a Preliminary Planned Development Agreement with .the City. 2. The Planned Development shall expire in 5 years. 3. The impervious surface on both Lot 1 and Lot 2 shall be limited to 16 percent. 4. The permitted use for Lot 1 shall be limited to the following: a. Animal clinic. AQ ~ Planning Report - Cliff Lake Centre Yd Prelim. PD & Subd. April 18, 2002 Page 9 5. The permitted uses for Lot 2 shall be limited to the following: a. Neighborhood oriented retail. b. Professional offices. 6. A minimum of 30 parking stalls shall be provided for the Eagan Pet Clinic on Lot 1. 7. The development on Lot 2 shall comply with the bulk standards of the NB (Neighborhood Business) Zoning District. 8. A revised landscape plan shall be submitted indicating the following: a. The plant schedule shall be revised to specifically indicate the species and number to be planted. b. All parking and loading areas shall be screened from public rights-of-way with a 3 foot tall 75 percent opaque screen. C. All shrubs shall be a minimum of 3 feet in height at the time of planting. d. Additional overstory and understory trees on both Lot 1 and Lot 2. 9. The trash enclosure for the building on Lot 2 shall be attached to the principal structure. 10. Any rooftop mechanical equipment shall be screened from public rights-of-way and the adjacent park property. 11. All light fixtures, including wall mounted fixtures, shall be cut-off and shielded to prevent glare. 12. The lighting plan shall be revised to limit illumination to 1 footcandle at the property line. 13. Wall mounted signage shall be limited to 2 feet in height and to those elevations that abut public rights-of-way. 14. All free standing signage shall comply with the Sign Ordinance. To recommend approval of a Preliminary Subdivision to subdivide a 6.5 acre outlot into two lots (Cliff Lake Centre 3`d Addition) on Outlot B, Cliff Lake Centre, located at Rahn Road and Cliff Lake Road in the SW 1/4 of Section 29. If approved, the following conditions should apply: 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 2,1993: A1; B1, 4; C1, 2, 4; D1; and El. 2. The property shall be platted. 3. The developer shall enter into a Planned Development Agreement with the City. I ' Planning Report - Cliff Lake Centre 3rd Prelim. PD & Subd. April 18, 2002 Page 10 4. This development shall be required to provide a water quality cash dedication in lieu of stormwater ponding to meet the City's water quality requirements. 5. This development shall be required to install Tree Protective measures (i.e., orange colored silt fence or 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 6. This development shall be required to contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. ~a ~ 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. 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 LTSX5 STANOARD.CON FINANCIAL OBLIGATION Cliff Lake 3rd, 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 parcels proposed for subdivision. 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 Sanitary Sewer Lateral C/I $23.35/F.F 800 F.F. $18,680 TOTAL $18,680 i a Eagan Boundary ■ Street Centerline Location Map Parcel Area Building Footprint I 4W 9 735) S, 3 ~ ' ~ 7O t~ ~ t 3 f ~ 4 o as ♦ a - 1 w . n m 3 a ~ ■ {tea 4 Sub ect Site r a .tea J J P L-L- L. j=:~ 3 v° 7 J r t . ,,et tr 1000 0 1000 2000 Feet Development/Developer. Cliff Lake 3rd Addtion Application: Prelim Subdivision and Prelim PD Case No.: 29-PS-0403-02 and 29-PD-0 Map prepared u.j" ERSI ArcVktw 7.1. psrc s• rtu 'ded by Dakota County Land Survey Dapartnrm and is or March 2002. / City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E M r h y c q The City of Eagan and Dakota County do not guarantee the accuracy of this hdormaticn and are S comm..rity Dev.tepn..nt Departrnant not responsible for errors or omisslons. Current Zoning and Comprehensive Guide Plan Cliff Lake 3rd Addition Case No. 29-PS-04-03-02 Land Use Map and 29-PD-02-03-02 Zoning Map PF P o - ~ PD 10 8 mm Current Zoning: ° P P B B PD PD 0 PD mC 000 PD Planned Development 00 o° s R-4 PD PD W am o we 1300 r»4 P7PD PD Comprehensive Guide Plan P Land Use Map aP MD M [D E] (D BBB®®~ E3 B 00 MD m Current Land Use Designation: RC 0 c mm0 RC Retail Commercial o° RC RC P~3 .00 O 000 7300 rM ' 7? C* 0z - P.nrAd be" neap Memwtl.n vld. County Land Surrey a.partmt 04W01ttN. N Zenlns ti » m.IMaWad y City Stag. *City of Eagan 2- THIS MAP IS INTENDED FOR REFERENCE USE ONLY w F Community Development Department The City of Eagan and Dakota County do not guaranbe the accuracy of this information. S f ! } } 1 III ~ ~ A VVV 2 O~OIi 91f I ♦ • BOO ` 1 F I I ~ 1 ~ I I ~ ~il~ ~I~'~~ - ~ ~ ~ r ` i C fL!! d ly 20'6 A ~ ~ ! 1 . tide I1y1~5 / ~<li>i 'J C•r ~ X ~ GC ~ a_1~1 ~Ii9i155i51iiaR f_ Wail. ' u 000 a Se ♦e c t Goo♦OOO• •Ca / /I Z y ~~Qt EJ A O ►.i u 94 f_ 11, / I I fad lilt \ V 11V 111`;' PTO i 10 ""'m Q `5 \ r '1` 11 Nli o t `d :A 1 w\Vz 11 1 O I1ca` IZZ roll W-2 Vie I ;mot' 1 ~V, 3U - . ar 3' EXISTING CONDITION A e~ Q A- 6 r /,/~I { rr_ c~ o / I r.1 vt let 1 ~ / , ~ ~ `I 1 III c, / / / r~= 1 I I I ~ 1 I t l lr l ~ l k~ \ /l .pf I z ~ LLJ ~ CbYI . Ij _ ~ 5, ~.YCra,.Y. I• ~ ' ~ I LA= 11CCtrr.ame ail s ran.. Y1]a ves_ PRELIMINARY PLAT- E I y"qY 'Y ~Ya X ~ G~ V 9 a r. 0 9 a 9:w z ,o c 1 xA" A W / I - ri Y I ~I O C Q ~C I s \ \ IL-t t SITE PLAN, .s, a e` 6 A ej 3y O E ? r Y 8 s>fa ae~ ~ Vri AYE Q e 2Sp etz p l a ~ 4*0 t!Y ~ n~ ~ 2 ■?i~r El iey ~ it.-• f3; a 6 ~ Z ' Q sSgp g Vs5 ip iS 51 i ~a 11Y5Y!.- 7 p .z d I €d ~e e; Q w; X e! U r z1gs fill a if „Iawl F'grF I Jim y H~ Q~1 rr t` ~Me d 8 s iY to i- y t w I a: i l / i~`1`i11' IJ yDt~ y ` t ~q fill q ! / / sF •1; ~il,;,al ~ ,iii .il ~i ~ v,. ~ F _i y!s~ `~-{p a x ` ' hl 10 CC) - 1,i I f r~x / ~ - f ~ ~ ;7 t, Iii 10 / f ~evil x s T f' e ~5 ` GRADING PLAN r - " ar t 8 6 1lil~ e HiM E y 6 @2 °;p M Z M NIX E ~3 OP 1 d e5 krE~ r j 2 x r ~~~6 E-~ ddirill we 11 ~R ~e~p ~°@ $a B ~~E~ ~3 s III cs: w ye ~ i,lf IN, s~a~ BK°` ~ i Ei? .j~' v fill v g! Al: II _ o eo „ w rl ~ RF 1\ \ l 1[~ C ~ w ~tsi¢ ~ ~ 1 1 I I e 1 l l I I 1 1 1 g e G' .~i \ L 1 \ I V Op;~ I Q it 8t I _ E t ax 1 ' ! Si. Jul 3 \ ;s~ ► ~t iii I I-~~`_ efr L % Ilia tits / • t • ~ Y tYAM. X all f ~tt \8~" ~ w i tas e.. ~~c a is ' UTILITY PLAN 1 a` 5 C N a; . • r a z 4g' 8-- ~:P 40 U € of ~ ~ w sr ~ r~ O gas g O ? 'r a r 1 s s r gill I lot w 1 ' x L2, L 1~ a Al @`a r $d - ~?eQf d li~ ~ r~~ r= a E! ai Is fill , ~ 11 { 1 TIT ee -j 11 41RI l~:i r i. :fi - z 1 ~1 kJg r~ ~aFr i r r i !1 ~ p = g a ~ ~ [°~~i . ' ■rs f a S' od sr_~ ilo~ DETAIL SHEET L ~ r ~ R_ e` IjsI~;1 A 311iy~ lajj!{~~~j } 1;; e: g31i ,j i~jEfy }:t,}~!}F} ~fyi,~;l~}#II X - z a A 1fft1}~ii.lt:i:fit Il2lff}ttlf~i~ift~I7I1;!#if 0 s ~ bf f t f t t t t t t t t t t 'f o f of f: i? i t O j f'f jf t f °w g?f?i!fl} j~i1 f l~[~ j;iF? f.+1 gF~dIt !~}jy~2t r~fll~f~fl~ttt,e~ IS]~:{~~~! 2M I) 9~ti7~t ~ J z ._.,.:,........,t ct ~~utauutentatta,t Fe p ..-...eras s.sr. fit 'No , r Qj~ f F I 1 ! F 3r.f \ t ij;i sfft, t 1 f f Ft ti 1}Sf jj adF' };j( 1:1;21! fi i_ S ~ `1 I 1S f ! =et~ Y I1 1!} liil f LANDSCAPE AND TREE PRESERVATION PLAN r ~i a Of ~ t Z ~ CJ a t Il f t X11 \ , t c -211 lam/ i/ oil ' \ \ \ I O I I I 1 ` I cj - - I ------+i T' x I ~ i ~ \ III i i \ 1 I I U \ \ ~ ~c LL i i Jyob 1 3 LIGHTING PLAT GL • ----D ON M +C sim ~dF dIF _ Y Y v Vern WvDY3 ONno 1.3d NYVY3 ~i •i c 3~ f 3 Y ~ e 's I I I ~.4 i.l .i~ M. 8' EAGAN PET CLINIC ELEVATIONS Y t ~';=jl _ - rtos3NN~N ~+vova 7 Jtl1 ~ 1".j 1 OrOtl NNW G a,. I "•:;:s i oNno 13d NV9Y3 ! ...,..4.x+0 I I _ Is W W y V - ~J t W " ~ ~ I I L! I 7 ' rr'. - - - - - - - - - - - - - - _I ` ` II Aga ~ Litt r oil G i_ I-x 139 ~Z. EAGAN PET CLINIC FLOOR PLAN i i~ n J t~ i i' f- I I i _ - F LOT 2 BUILDING ELEVATIONS A s a a ~ Z 1 b 0 4; E • r ~ ~ fit rt~A A>:~' Q I v may' ii I Z m ~ i 1 I I F co xl; i / ./i/r / I II I 0 W i . I y \ Li. CC p I rt~~ \ 4 I I 40~ HOFFMAN DEVELOPLIENT, INC. 13795 Frontier Court, Suite 200 Burnsville, NEE 55337 Telephone CONTRACTOR #20079290 (952) 997-3333 Fax (952) 997-6666 March 20, 2002 City of Eagan Attn: Cynthia R. Kirchoff 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 RE: Cliff Road Properties - Commercial Development Outlot B, Cliff Lake Centre Preliminary Subdivision/Preliminary PUD Amendment Dear Ms. Kirchoff: This narrative is prepared in support of Cliff Road Properties' (CRP) proposed commercial development of the 6.57 acre site (the Site) located at Cliff Lake Road and Rahn Road in the City of Eagan, Minnesota (the City), legally described as Outlot B, Cliff Lake Centre, Dakota County, Minnesota Comprehensive Guide Plan/Zoning The Site is currently zoned Planned Development (PD). The Site is part of the Eagan Hills West Planned Development (Eagan Hills PD) that was approved in 1979. Eagan Hills PD covered hundreds of acres and has been developed in stages beginning in the 1980's. Eagan Hills PD consisted of mixed uses, with low, medium and high density residential, and commercial uses. There have been numerous subdivisions and amendments to the Eagan Hills PD during the course of developments. As part of those developments, Outlot B satisfied the parks, trail and storm water dedications requirements. Outlot B was platted as an outlot during the Cub Foods, Target, and Cliff Lake Centre commercial development process. One concept plan showed high density residential uses on Outlot B. The zoning classification underlying the Eagan Hills PD for Outlot B was commercial CSC. The Comprehensive Guide Plan Designation is currently Retail Commercial (RC). The proposed commercial development does not seek to change the zoning or Comprehensive Plan Designation. The zoning and Comprehensive Guide Designation are proposed to remain the same, PD and RC, respectively. The uses HDI proposes are commercial retail and services. A veterinary clinic is proposed for Lot 1 and those uses consistent within the RC designation under the NARRATIVE comprehensive plan for Lot 2. Therefore, HDI seeks to amend the Eagan Hills PD by obtaining a Preliminary Planned Development approval for proposed Lots 1 and 2 for the desired commercial uses of the Site. HDI also seeks preliminary plat approval for the Site. Following these approval's CRP will seek Final Planned Development approval and Final Plat approval for Lot 1 and Final Plat approval for Lot 2, with the Final Planned Development approval for Lot 2 to be obtained at a later date when a specific business or businesses have been selected. Proposed Site Plan The Site will be platted into two separate lots. Lot I will be 1.59 acres, Lot 2 will be 4.98 acres. Lot 1 will be served via Rahn Road and Lot 2 will be served via Cliff Lake Road. CRP has entered into an agreement to sell Lot 1 to the Eagan Pet Clinic, which is relocating its business from the Cedarvale area. Eagan Pet Clinic proposes to construct a 5,616 square foot veterinary clinic on Lot 1. The Eagan Pet Clinic proposes to construct its building prior to its relocation from Cedarvale. The building depicted on the Site Plan for Lot 2 consisting of 7,500 square feet is a concept building. Hoffman Development, Inc., on behalf of CRP, will be marketing Lot 2 for sale in the commercial market. There are no immediate prospects for Lot 2. CRP presumes that the plans for Lot 2 will require a separate Site Plan review when the ultimate use and building configuration is decided upon. Existing and Surrounding Land Uses The Site is currently vacant, unimproved land. East of the Site is Cliff Lake Centre. Cliff Lake Centre is a large commercial development encompassing 263,000 square feet which consists of Target, Cub, Firstar Bank and a retail strip center containing 74,215 square feet. South of the Site is commercial development containing Regal Cinemas 16 and Taco Bell. North of the site is Cliff Lake townhomes. West of the site is Rahn Park. CRP appreciates having the opportunity to present the Site Plan and PUD amendment to the City of Eagan and look forward to reviewing it with the City Planning Commission and City Council. We would appreciate having an opportunity to review CRP's submittal with you prior to the public hearing at the Planning Commission. Please call me if you have any questions. Sincerely, CLIFF ROAD PROPERTIES By: Hoffman Development, Inc. Its: Property er By: c. t K6 in M. Hoffman Its: Vice President Agenda Information Memo May 21, 2002 Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (NICOLS RIDGE) - DELTA DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision (Nicols Ridge) consisting of 37 lots (88 units) on approximately 9 acres located on the south side of Beau D' Rue Drive in the NE 1/4 of Section 19. FACTS: ➢ On August 28, 2001, the APC recommended denial of a Rezoning and Preliminary Subdivision for Nicols Ridge primarily due to density issues with the proposed 26 acre, 269 townhouse unit development. ➢ On October 16, 2001 the City Council approved the Rezoning provided the developer reduced the density of the site by 15%. Because the developer did not have control of the entire 26 acre parcel, the City Council could only take action on the Rezoning issue. ➢ The developer is now seeking Preliminary Subdivision approval on 9 acres (that he controls) to allow Phase I to move forward. ➢ The APC held a Public Hearing for this item on April 23rd and they are recommending approval. ATTACHMENTS: (3) 8-28-01 APC Minutes on page through If" 10-16-01 CC Minutes on page . Update memo/original staff reporto page (yv throughL;?,? Advisory Planning Commission August 28, 2001 Page 1 I REZONING & PRELIMINARY SUBDIVISION DELTA DEVELOPMENT, INC. Chair Heyl opened the next public hearing of the evening regarding Rezoning of approximately 26 acres from CSC (Commercial Shopping Center) and A (Agriculture) to PD (Planned Development) and a Preliminary Subdivision /Planned Development (Nicols Ridge) to create 35 lots with 269 townhome units, located on the south side of Beau D' Rue Drive and the east side of Nicols Road in the NE '/4 of Section 19. Senior Planner Ridley introduced this item and highlighted the information presented in the City staff's planning report dated August 22, 2001. He noted the background and history. Mr. Ridley stated action should not be taken on the Preliminary Subdivision, however rezoning and land use should be discussed. He stated 3 E should be added regarding the Requirement of a phasing plan. Chair Heyl asked if the proposed property is in the airport noise abatement parameters. Mr. Ridley stated he does not think the property is in the airport noise abatement parameters, however he will verify before the City Council meeting. Member Segal stated without the final decision of the City Council regarding the TIF plan, the proposed is difficult to approve. Mr. Ridley stated the Commission is considering the townhome use and density for this area. He also stated the proposal is in conformance the Refined Concept Plan for Cedar Grove. Mark Parranto, 3902 Cedarvale Drive, discussed the proposed 188 row style condominiums that are constructed like a townhome. He stated 81 additional townhomes are located on the property. He discussed elevation of the property. He stated the center of site is one style of homes and the outside of the property is another style of homes. He discussed park areas, guest parking, walking paths, hillside green space, construction phasing, building materials, garage facilities, fire protection building materials, the interior design and layout of each building and the price ranges of each model. Mr. Gordor stated Beau D' Rue Drive is scheduled for improvements in the fall of 2002. Steve Walrick, discussed density and compatibility issues with the adjacent properties. He displayed maps of increasing density developments that were proposed in this area over past years. He stated the proposals were denied because the proposed developments were too dense. He stated the current development proposal is far denser than the previous proposals. He discussed negative comments from previous Council members I Advisory Planning Commission August 28, 2001 Page 12 on density much less than this. He discussed airport noise factors. He stated he supports development and redevelopment, but not this density. Doris Dahline discussed the unknown boundaries of the TIF district. She discussed airport noise issues, increased traffic on Beau D' Rue Drive and additional issues with traffic. Angela Smith commented on the proposed rezoning. She discussed airport and train noises heard from her home. She stated the buffer area is a nice noise buffer for her home. She discussed storm drainage and flooding possibilities with the increased amounts of homes. She further discussed concerns with the increased amount of traffic. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Mr. Gordor stated a traffic feasibility study has been completed with the intersection improvements of Highway 13, Beau D' Rue Drive and Silverbell Road. He stated a collector street can accommodate approximately 10,000 trips/day and that Beau D' Rue presently carries about 5,000 to 6,000 cars per day. He stated the storm drainage would be adequate and will be considered when developing, and the over flowage of water would head northwest. Mr. Ridley discussed airport noise abatement areas. He stated the City will review what noise perimeter this property falls into. He stated the developer will be required to adjust accordingly. Mr. Parranto discussed material that is used to prevent noise penetration. He discussed sound assessments. Chair HeyI questioned how much of the land is zoned agriculture and how much is zoned Commercial Shopping Center. Mr. Parranto stated that the City's map and his map differ a bit. He stated the original map stated everything other than Outlot A is zoned Commercial Shopping Center, and everything on Outlot A is zoned Agriculture. He stated the current map shows a large portion that was the millwork barn zoned A. He stated there is currently a warehouse and a junkyard located on the property. He discussed surrounding businesses including a junkyard, warehouse auction facility and a small electrical company. Member Nosbush questioned the amount of green space on the property. Mr. Parranto stated there is 38% green space on the property. Chair Heyl questioned the landscaping plan for the area that faces the zoned R-1 property. ~TIC; Advisory Planning Commission August 28, 2001 Page 13 Mr. Parranto discussed the landscaping plan. Mr. Ridley responded to a question by stating the Park and Recreation Commission is recommending a cash park and trail donation. Member Hunter stated he is not opposed to the concept of the project and the increase amounts of traffic, however he is opposed to using TIF funds for a high priced housing development. He stated he will vote against the proposal. Member Nosbush questioned if the Staff is comfortable with the number of guest parking spaces allotted on the proposal. Mr. Ridley stated that while the City Code does not specify requirements for guest parking, generally speaking, the amount of guest parking may be adequate. Member Kaess stated the process seems backwards. He stated the rezoning is based on a proposal from a developer that does not own the land. He stated that he will vote against the proposal. Member Huusko stated the area will be loading an excessive amount of traffic onto the road. He expressed concern with not being able to view the entire development. He stated the Park and Recreation Department should request parkland from the developer. Mr. Ridley stated according to the Code, the developer is required to provide a certain amount of land towards parkland. Member Bendt stated the area is going to stand out when traveling over the bridge. He discussed issues with density on the unknown parcel, on the other side of Beau D' Rue Drive. Member Segal stated problems with increased density. He stated he agrees with Member Hunter in regards to the TIF funds being used for high priced housing when the funds are needed for lower income housing. He stated he will vote against the proposal. Chair Heyl stated she voted against the TIF project because of the lack of affordable housing. She stated the issue is the land use. She discussed a need for park and recreation areas. She further expressed concern with the increase amount of traffic. She stated the landscaping plan is good with regards to the tree conservation. She stated the area is good for townhouses. She stated the project has good merit, but needs to be less dense. She stated a need for more guest parking spaces. She stated she is not opposed to townhomes, however she will vote against this proposal. Member Segal moved, Member Huusko seconded a motion to deny Rezoning of approximately 26 acres from CSC (Commercial Shopping Center) and A (Agriculture) to PD (Planned Development) and a Preliminary Subdivision /Planned Development /Y7 Advisory Planning Commission August 28, 2001 Page 14 (Nicols Ridge) to create 35 lots with 269 townhome units, located on the south side of Beau D' Rue Drive and the east side of Nicols Road in the NE V4 of Section 19. Aye: Hunter, Huusko, Heyl, Segal, Bendt, and Nosbush Nay: Kaess O 10-16-01 CC REZONING AND PRELIMINARY SUBDIVISION (NICOLS RIDGE) - DELTA DEVELOPMENT City Administrator Hedges introduced this item regarding a Rezoning of approximately 26 acres from Community Shopping Center and Agriculture to Planned Development to allow 269 townhomes located east of Nicols Road and south of Beau d' Rue. Senior Planner Ridley gave a staff report. Mark Parranto, Delta Development, presented the project in detail. Three residents spoke regarding the proposed subdivision. Their comments and concerns included density, traffic, setbacks, tree preservation and environmental issues. Mayor Awada explained that she supports the rezoning but feels the project is too dense and requires further refinement. Mr. Parranto expressed concern regarding the Tax Increment Financing Funds. Mayor Awada moved, Councilmember Carlson seconded a motion to approve a Rezoning of approximately 26 acres from Community Shopping Center and Agriculture to Planned Development subject to the townhome density being reduced by 15%, located east of Nicols Road and south of Beau d' Rue in the NE'/a of Section 19, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall receive final subdivision approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Preliminary and Final Planned Development Agreement with the City. 3. The following exhibits are required for the Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan D. Retaining wall and boundary fence detail plan 4. All trash haulers and recycling receptacles shall be located indoors. 5. All site signage shall comply with applicable provisions of the City Sign Ordinance. 6. All on-site street lighting shall be hooded and directed to deflect light away from adjacent properties. MEMO city of eagan TO: Mayor & City Council Members FROM: Mike Ridley, Senior Planner DATE: May 16, 2002 SUBJECT: Update - Nicols Ridge Preliminary Subdivision The City Council approved a Rezoning (Preliminary Planned Development) of 26 acres on October 16, 2001 subject to the developer reducing the density by 15%. The original proposal included 269 units. Subsequent to the Council's action in October 2001, the developer has reduced the unit count by 39. At that time, the Council could not act on the 26 acre subdivision because the developer did not control all 26 acres. Presently, the developer is proposing to subdivide approximately 9 acres that are under his control. The plans attached to this memo highlight the portion of the site (Phase 1) to be subdivided and reflect the revised site layout. The original staff report is also attached for reference purposes. The Phase 1 plan calls for 88 units on approximately 9 acres results in a density of 9.5 u/ac. While this phase is slightly more dense than that directed by Council, future phases will reflect the unit reduction resulting in an overall unit count of 230. The Engineering Division has reviewed the revised subdivision plans and have added conditions (#'s 8 & 9 ) relative to both the Beau D' Rue road improvement project (Project 759R) and the Cedar Grove streetscaping improvement project (Project 866). The developer has submitted a narrative (that describes changes made to the development proposal since the City Council approved the rezoning (with unit reduction) in October of last year. ATTACHMENTS TO THIS MEMO Developer Narrative Revised Exhibits Original staff report ACTION TO BE CONSIDERED To approve a Preliminary Subdivision (Nicols Ridge) to create 37 lots (88 units) on approximately 9 acres located on the south side of Beau D' Rue Drive in the NE 1/4 of Section 19. 13O0 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,B3&4,C1,2&4,D1,andEl 2. The property shall be platted. 3. Due to the size of this development and the extent of its impervious cover, stormwater would need to be treated on-site to meet the City's water quality requirements. 4. A cash dedication in lieu of ponding would be required for stormwater draining from the other 4.4 acres of the development. 5. A revised tree preservation plan shall be submitted with correctly placed tree protection fencing. 6. Tree protection fencing shall be placed at the drip-line or at the perimeter of the critical root zone, whichever is greater, of significant trees to be preserved. 7. The developer shall be responsible for a cash parks and trails dedication. 8. The developer shall be responsible for the planned streetscaping improvements in the area of the development adjacent to Beau D' Rue Drive, including boulevard grading, trail construction, overhead utility relocation (to underground lines), and streetscape landscaping, in accordance with City Projects 759R - Beau D' Rue, and 866 - Cedar Grove Redevelopment Area (Streetscaping). 9. To accommodate the trail and streetscaping improvements along Beau D' Rue (City Project No. 866), public right-of-way shall be dedicated to a minimum distance of 25 feet from the southeast curb line of Beau D' Rue. May 16, 2002 Delta Development Narrative In order to comply with the City Council requirement that the density of the Nicols Ridge be reduced by approximately 15% we have made several changes to the proposal. The development has been reduced from 269 units to 230 units, a reduction of 39 homes. Overall density was 10.66 units per acre and is now 9.12 units per acre. The buildings with underground parking have been reduced from 12 buildings to 11 buildings. All of the buildings now have 14 units. Previously the buildings varied from 12 to 18 units. There were 188 of this type of townhome. There are now 154 of this style, a reduction of 34 homes. In addition, the placement of the buildings on the site has been modified significantly. Most of the change takes place northeasterly of the central access road. The number of buildings was reduced and the alignment of the buildings was changed. The result is to face most of the sides of the building toward the street, rather than the ends of the building. This will provide a much more pleasant street scape, both from the interior roads and from Cedar Grove Boulevard. The more traditional row style townhomes have also been reduced in number. The original plan had 81 units in 21 buildings. The new design makes all of the buildings 4 unit plans. The original design had 4 unit and 3 unit plans. The number of buildings has been reduced to 19 and the unit count is now 76, a reduction of 5 homes.. Overall, the building area has been reduced from 21.64% to 18.43%. The Impervious area has been reduced from 39.91 % to 36.50%. /S~ ~q4 - rig; _ \ K 1, A `,f aT Y Ile ~Jd r'vf f o^ v , 3g h q~ ti~ .,,ter w Ib, \ J-Y# .p ^T Y LtiGr~YO ,F _ j Ao Pd~,o~,~a - .oa C.~ t t J` - ~ 4P t ~ I fr# c 3 ~fi~~ $9$>dp Al -Xi ~,q~, ~ 1 av 'y7r 9 ~ t ~ a Y 1 flk Leh. ~ for l Cyp.l ~ ro ' k:C - ION, a• i S plN I N as . C time `P ogm ~o PLANNING REPORT CITY OF EAGAN REPORT DATE: August 22, 2001 CASE: 19-PS-14-07-01 APPLICANT: Delta Development HEARING DATE: August 28, 2001 PROPERTY OWNER: Multiple Owners APPLICATION DATE: 7-18-01 REQUEST: Preliminary Subd/Planned Dev PREPARED BY: Michael J. Ridley LOCATION: 3960 Beau D' Rue COMPREHENSIVE PLAN: Special Area, (SA) ZONING: Community Shopping Center, Agriculture (CSC), (A) SUMMARY OF REQUEST Delta Development is requesting approval of a Rezoning from Community Shopping Center and Agriculture to Planned Development to allow a 269 unit townhome development and a Preliminary Subdivision (Nicols Ridge) to create 35 lots on approximately 26 acres located on the south side of Beau D' Rue Drive from the Cedarvale Highlands to Nicols Road, generally in the NE of Section 19. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. /s6 Planning Report - Nicols Ridge August 28, 2001 Page 2 of 7 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." Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; Planning Report - Nicols Ridge August 28, 2001 Page 3 of 7 (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY According to the applicant, the subject area or neighborhood was originally developed from two old commercial buildings, several houses and a dairy farm. Due to the uses occurring on portions of the site over the years, there have been zoning conformance issues off and on. There has been previous residential development proposals for the property within the past 10 years however, those were either denied or never progressed to the City Council for formal action. EXISTING CONDITIONS The vast majority of the site is underutilized and rather unkempt. The buildings located in the main or northern portion of the site are older and it does not appear a lot of maintenance has occurred. This portion of the site is characterized by unpaved drive aisles and dirt parking areas. Some of the businesses in these buildings represent non-conforming uses due to the zoning of the property. Other buildings to the south, along Beau D' Rue, are well maintained and house conforming uses. The total site contains a number of existing buildings/uses that include a junkyard/salvage operation, a building materials auction house, a few of single family homes - one used as a home, one as an electricians warehouse and office, one home (and outbuildings) used by a soil testing company, and a home converted to a veterinarian clinic, and a former commercial building currently used as an office. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Cedarvale Mall, etc.; zoned CSC and guided SA. South- Single Family; zoned R-land guided Low Density (LD). East - Cedarvale Highlands and apartments; zoned CSC/R-4 and guided SA and HD. West - Nicols Road/Cedar Freeway EVALUATION OF REQUEST Project Description - 188 Village Homes and 81 Townhomes. The 81 townhomes (in 3 and 4 unit buildings) are located around the perimeter of the site and are designed with a front entry Planning Report - Nicols Ridge August 28, 2001 Page 4 of 7 (tuck under) garage and three levels. These units are described as row-type townhomes that utilize the steep hillside. Each unit has over 1,800 SF and a two stall garage. The 188 Village Homes will be over 1,700 SF in area and are located in the widest portion of the site and are described as reminiscent of "classic row houses". All of the units have underground parking of two stalls per unit. There will be interior garage doors on each individual garage and each townhome will have it's own entrance from the garage. Exterior materials include brick and stucco. In addition to landscaping, the developer has stated that sidewalks will be used extensively and "pocket parks" will be scattered throughout the project. In addition, the developer is proposing a boundary fence along Beau D' Rue. According to the developer, the fence will be reminiscent of a "Georgian" or "Bostonian" wrought iron fence. Specifically, the preliminary design calls for black steel rails and pickets between brick columns spaced about every 50 feet. Compatibility with Surrounding Area - The proposed townhome development appears consistent with the general area and is consistent with the refined concept plan adopted for Cedar Grove Redevelopment area. Density - The gross density of the proposal is 10.3 u/ac, (269 units/26 acres). Lots - The proposal calls for 35 lots (34 individual building lots and 1 lot for common area). Only the common lot has access to a public street (Beau D' Rue) which is typical for a townhome development. Setbacks - The developer is proposing private streets throughout the development. As such, front setbacks range from 25' (on a through private street) to 20' (on a dead-end private street). It appears these setbacks are met. Setback between townhome buildings is typically 30'. Lesser setbacks can be accommodated via the PD zoning. The plans show setbacks ranging from 16' in one instance to 53' in another. The average setback between buildings appears to be in the range of 25 - 30'. Parking - While the City Code doesn't presently have a requirement for `guest parking' for townhome or apartment projects, staff still reviews the amount of overflow parking provided. The developer is proposing 49 additional parking stalls. This provides one additional off-street stall for every 5.5 units within the development. Landscaping - The Landscape Plan appears to be adequate in providing an ample amount of landscape material and a good variety in the foundation plantings and throughout the site. Grading/Storm Drainage - The preliminary grading plan is acceptable. The site has large variations in topography with several moderate to steep slopes. The site generally slopes toward i Planning Report - Nicols Ridge August 28, 2001 Page 5 of 7 Beau-D-Rue Drive to the north. Elevations on the site range from approximately 810 at Beau-D- Rue to 860 along the east and south edges of the parcel, resulting in an overall elevation change of 50 feet. The proposed townhomes along the east and south edges of the parcel will be approximately 20 to 30 feet below the existing adjacent Cedar Grove area homes. The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain via storm sewer to a proposed pond near Beau-D-Rue. The pond will flow north to existing storm sewer in Beau-D-Rue and will be designed to control rates of storm water runoff to pre-development rates Wetlands/Water Quality - There are no jurisdictional wetlands associated with this site. This 26.5-acre development is proposed to be located in the City's A-watershed, and would not be associated with any priority water body, according to the City's water quality management plan. Because of the size of this development and the extent of its impervious cover, stormwater would need to be treated on-site to meet the City's water quality requirements. To meet the water quality requirements of the City, the developer proposes to direct runoff from 22.1 acres of the site to a treatment pond, which would be constructed in the north-central portion of the parcel. Stormwater from the remaining 4.4 acres of the site is proposed to drain into the existing stormwater system through off-site runoff. 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 40 percent, a minimum wet-pond volume of 2.07 acre-feet covering a minimum area of 0.63 acres would be needed to treat the stormwater generated by 22.1 acres of the development. The pond would need a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. The outlet structure of the pond would need to be consistent with City of Eagan standards. A cash dedication in lieu of ponding would be required for stormwater draining from the other 4.4 acres of the development. Utilities - The preliminary utility plan is acceptable. Existing sanitary sewer within Beau-D-Rue of sufficient size, depth and capacity is available for connection by the development. Existing water main within Beau-D-Rue is also available for connection by this development. Access/Street Design - The development is proposed to be served internally with private streets with public street access to Beau-D-Rue at three locations. Beau-D-Rue is currently a 44-foot wide, 4-lane street scheduled in the City 5-Year Capital Improvement Plan (2002-2006 CIP) for reconstruction in 2002. The planned street reconstruction will include the installation of a center landscaped median, and sidewalks and trails to accommodate pedestrian traffic. At the neighborhood meetings for previous development proposals on this property, adjacent residents expressed their concern about the potential added traffic congestion development would cause at the Beau-D-Rue/ Silver Bell Road/ Highway 13 intersections. A City project (Project 800) providing for the re-alignment and modifications (including a traffic signal) to the Beau-D- A Planning Report -Nicols Ridge August 28, 2001 Page 6 of 7 Rue/ Silver Bell Road/ Cedarvale Boulevard intersection near Highway 13 to help alleviate traffic congestion in the area has been approved by the City Council and is also scheduled for construction in 2002. Easements/Rights of Way/ Permits - A 100-foot wide Excel Energy gas pipeline easement runs east to west through the south portion of the site. The developer will have to comply with any regulations Excel Energy requires for construction and grading within their easement. Tree Preservation - The development as proposed will result in the removal of two-hundred one (201) significant trees (62.0 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple- lot, multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed removal more than the allowable amount, there will be required tree mitigation for this proposal. This required tree mitigation calculates to one hundred sixty-two (162) category B trees (or an equivalent combination of category A and category C trees). Parks and Recreation - The developer should be responsible for a cash park land and trail dedication. SUMMARY/CONCLUSION ACTION TO BE CONSIDERED A. To recommend approval of a Rezoning from Community Shopping Center and Agriculture to Planned Development to allow a 269 unit townhome development subject to the conditions listed below: If approved, the following conditions should apply: 1. The property shall receive final subdivision approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Preliminary and Final Planned Development Agreement with the City. 3. The following exhibits are required for the Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan D. Retaining wall and boundary fence detail plan. 161 Planning Report - Nicols Ridge August 28, 2001 Page 7 of 7 4. All trash handling and recycling receptacles shall be located indoors. 5. All site signage shall comply with applicable provisions of the City Sign Ordinance. 8. All on-site street lighting shall be hooded and directed to deflect light away from adjacent properties. B. To recommend approval of a Preliminary Subdivision (Nicols Ridge) to create 35 lots on approximately 26 acres located on the south side of Beau D' Rue Drive from the Cedarvale Highlands to Nicols Road, generally in the NE of Section 19. 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 B3, 4 Cl, 2, 4 D1 E1 2. The property shall be platted. 3. Due to the size of this development and the extent of its impervious cover, stormwater would need to be treated on-site to meet the City's water quality requirements. 4. A cash dedication in lieu of ponding would be required for stormwater draining from the other 4.4 acres of the development. 5. A revised tree preservation plan shall be submitted with correctly placed tree protection fencing. 6 Tree protection fencing shall be placed at the drip-line or at the perimeter of the critical root zone, whichever is greater, of significant trees to be preserved. 7. The developer shall be responsible for a cash parks and trails dedication. 16 m~ 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-cf-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. /63 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 ST STAN OARO.CON / l` FINANCIAL OBLIGATION Nicols Ridge Preliminary Subdivision There are pay-off balances of special assessments totaling $364 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are pending assessments that total $642,559 on the parcels proposed for platting. The pending assessments are related to Project 800, the project for the reconstruction Silver Bell Road, Beau De Rue Dr. T.H. 13 Intersections. 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 Sanitary Sewer Trunk MF $925/Lot 21 Lots $19,425 Water Trunk MF 965/lot 21 Lots 20,265 Storm Sewer Trunk NIF .022/ Sq. Ft. 186,872 Sq. Ft. 4,111 Total $43,801 l S, Q Eagan Boundary Location Map ~P~ n~~ "'M Building Footprint J J All" nn 2Q fr, i , a-, .r r s a 71 Sub ect Site f~Y N oo i ~ y a ,T C f = 3E n ~ ~ 't ~ 1 '''e or, d I sw V ° tel. 71- . ~ s gill ®ron r~ 1000 0 1000 2000 Feet Development/Developer. Nicols Ridge-Delta Development, Inc. Application: Prelim. Subdivision, Rezoning, Prelim. PD. Case No.: 19-PS-1407-0 -10-07-01, 19-PD-0407-01 Map Pro red w' . Parch baw rrep data provided by Dakota My rtment and is currant as of Jura 2001. City of Eagan TNIS M TENDED FOR REFERENCE USE ONLY w E i N N E 5 C 7 A The City of Eagan and Dakota County do not guarentN the accuracy of this information and are 5 Cerrwrwdty DavroPresrrt Department not responsible for error or omissions. Current Zoning and Comprehensive Guide Plan Nicois Ridge Land Use Map Case No. 19-PS-1407-019 etc. Zoning Map G c P B Current Zoning: ® csc CSC - Community Shopping Center R-1 - Single Family Residential PF A - Agriculture sc A R C R-1 •so • aee ~s•• r..m 1 ~1~, 1 rT-f'Z" I~ Comprehensive Guide Plan Land Use Map SA L P SA Current Land Use Designation: QP -7 SA Special Area SA NO A D L ••e • vso r..~ .auk ►oc•l r.. r oaM•ta ty L.•e S. y D•rarbw•R 8"1/01. N oon r~.d by cny sma•. City of Eagan Z, W E THIS ENDED FOR REFERENCE USE ONLY Community Development Department Tha Clty o/ EaOan and Dakota County do not guarantee the accuracy of this information. 5 aeM-Ie. an. r. ai .w.w. rq 1NY1fd073AY0 11719 1 g ~~Mi MMwI n aNn'O~y SNOllIQNoo 9N/1SIZS V .w' I l e Social S7001.1; r ft~pel~:gyp y x~ C ~l~Q~: ~Eia6i _ V V` ~ o_ ~ ~ ~IR~9 4 o I I ` I - r -.s ti ~ - _ mow. ~ t-'~ ~ ""i~, ~ / ~ ~ A.. ~y `'g 1\ t { I kk !Vi ,iy~d d ~ N J(~.l- y -'yF~~~ ~l 77 i 3. i I c a yw. w 1 cxcc-ip• (ICx~M ~~j~- WL~-M• f~cxl .+w Q xw io IIL. II a1R .N.. e I I aloe .rx a+..»x Loit ~ 1 - i I aar.rs auarov{ •0 ~i 1NlRdo7ldY0 YttfO { • ~I ON/774W/ N.Id J11S •UrrNIRl7Ylld ~~-,T-~!~ G •..swm I' male 5707IN EE 6 O ARX O e~ g e € y - x ~a •1! c 3r ~ ~ a; ~1j8#~~ I ~ T 9~°~~~"-'~@Cloa ~Y ~ a S~ O ~ t~ y ppp Q 3E ~ ~R`~~rbb=rj~~~gS ~ Kl ~fsiS I 1 1 \ I ~ - I j \ ~ 1 1 l \ i I 1 ~ ~ \ I x 1 I ON, . ~ uCl I ~ 1 I_H, e. w li IOM-CO. ,M:' ..1 OIi-r4r I,iI: .+W 1~ I- 1 +I awns a.az wo awr.r°0°.v ANINdOMSO 11770 ON/1709H M7d MIMI dYYIaNITfVd r ;1 .rI 7OQIY 970JIN p..j IS. V C C I ~ a ? Y tl~ 6 a^ O j~ 0 ~ Y q"gg8,: B \ OI I I ~M1 l 3 =1 R : I J ICY"_": Ile V ` 11 ~ V' ~ v~vl I I ,•R~' ~ e'ttlY 883 a3:. II Q 1 i 1 I 1 1 II 47 ttt IRk, 1 \lvq\\ T yMO• ~ ~ \r+4 \ in \ E •7 S N -ww gFN1 (il~~y. ai..+h ;~A) sr.y f~D OOA•RKiI ~)^~I . RK..w.wn Wq Ii 1 rwu~ra srmten ro.wi. v G~ I o `V, iNIRdO77ANa ►i77Q I~ wl rw. r""'.r. N►7d ArOLLIAArJ5JWd 7IYl ' V O/V/77OIH YI r w w A. M w W14pA. Yl.dwl "Qlu S70JIN ~1r JM ro ! ~ i O v e " _ OIt, o ~1 N y J _ ro h r Q i \ / \ I I i ' Ala- iI~I \ I I I O \ ,\T \ - \ \ ~'I .1 ' I e I till _l_~F IN i EI IIh Jf , , ice. I ~ _r- i;s~ ~4i'-.~...... \ti i IN, Lai 61 s s g `Y/ d~ (S} ' • .°tiP 3 a Ifd _ ~ 1 . \ \ , _ 7 \ 9 - Vt 6 $ ilE•; ~ c s ~ Jet S6 ra ~i v. ~ ~ I e $C~rf ~ •6 I - I xxtt +..i ~ V L I o',"x xrra aruse.o roa..~wCO°""i j A 11,111,073A3a Y1770 A 'a'•~ ~ ,vr7d adnsan•rf .tarntnnlad ON,a70 1.Zj W 99a/N s707rN N unfl:2mul : ~ J-3r7J33JJJJJ3J ~thQ ~ j! ! J i' ~ I ~ ! ~ ~ I a` i oo L 3 Y vg\i 5 -a 0 C 1 •7! ~ ~ li t iij ~,~sc'' }jj }isi~i1r~it~}~}~ ''c~ ` i !°S ~`d Z° ~i~ t t f; l1 i{1~j~ € lei O CO O e o r. it s 1~ i1 fit jfj ii t !EI d~lliti~l?~~ a a`~ldad? .i? G ixl? ?3? ad? e! ~ E I , I w ~ a ii_. 16 k 1 1rZ i , _ n : EidG i• mge2 !n 11F 4 ei in : i n \ I tlt~` ~I ` ~ I p Hui ~m~ 1031, r ~ I it ~I I E-M I ,1 I I ~ I ~ I it ~ 1 ~ I 1EH i~A ;1~ • ~ 7 1 7i n p~q 7~ 3 1 N 77- 41 L Aen en, i r + J a i!`1`. Q I; y, rir~ ' LLJ LLL : li j L! ! I ` 1! I i I ! li ~ IMii .Ili •I~ c! Tr7 LL, <I ! LJ f 77 L r I \1 I I ~ t r • Q _ f' ~ L! ~ Q 1 i~ l Q ' tih Fes- I 1 i ~ I! ~ ~ ~ I f I 'I ' 7'1 ~ ~ III i~ I f-----'~I ~ ~ 4 Q L C v I I I I 10, _Jtc C~a . I.' i i 'r- r r------~ W 1 I 4:1 k rli I ~ Jill i $r i d ii o COD p+ ly7q ¢ 1 i f 55 _.JPI ~ O ❑ i J b liar I- C'O ! 77~~ } L 3 4 i En DEEL, , ' I 3 \ 'j I I ~ I JI II JI I II JI II a JI II JI II JI 11 \ JI ® J1 11 it ;1 11 ® II I, E3 / II ,I 1 I y r 3 { 1 11 { 0 e ti, M, Pf Wig lV'Id * W lrI2Hcl N s 'r ° C cm ~ m Q a > w • lia V f1 1 lia az -;a ss u •M am "-r«Mra *Nn "W"m T ` Till 11p 1 1 ILL .161%. -sAl Fl I 1 i I I i , - L----J L - ` ~ ~ I II I • !I - - - - - - - - - - - - - - - - I z I ~ ~ I I ( i ~ r cn EEO I \ 1 \ I I i UU) ftw - - - - - - - - - - - I IYJpO Agenda Information Memo May 21, 2002, Eagan City Council C. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve the Zoning Ordinance Amendment, Chapter 11, as attached. FACTS: • State law requires the local controls (zoning ordinance) to be consistent with the Comprehensive Guide Plan, because the Zoning Ordinance implements the goals and policies of the Plan. • In June 2000 the City Council retained a consultant, Hoisington Koegler Group, Inc., to help draft the new ordinance. • City Planning Staff and a subcommittee of APC and Council members have worked with the consultant over the past two years to reorganize and update Chapter 11 of the City Municipal Code. • The purpose of the Zoning Ordinance Amendment is to make regulations consistent with the Comprehensive Guide Plan and to make it more user-friendly. • The updates include incorporating policies stemming from the adoption of the new Comprehensive Guide Plan (i.e. R-1S, Transitional zoning), and updating terminology and procedures. The Sign Ordinance has also been relocated into Chapter 11. • The Advisory Planning Commission held a public hearing on April 23, 2002, and recommended approval of the Zoning Ordinance Amendment, subject to the conditions listed in the APC minutes. ISSUES: Since the APC meeting in April, staff has made some corrections and alterations to the draft ordinance, which are reflected in the draft the Council is receiving. Those changes are: • Corrected the side yard setback for the R-1 district to read 5 feet rather than 50 feet. • Included the subdivision reference in the definition of "loading area." • Incorporated the accessory buildings ordinance amendment approved by the Council on May 7th • Corrected the numbering under paragraph B in the T, Transitional zoning district. • Deleted "occurs" in paragraph B.I in the T, Transitional zoning district (as directed by the APC). • Rewrote paragraph A under Sec. 11.70, Subd. 20 - Outdoor Storage, Seasonal Outdoor Sales, and Temporary Outdoor Events; corrected the section reference under paragraph C.1 to read section 11.50 rather than 11.40. • Change the minimum lot area to minimum district area for the CSC zoning district. • Reduced the minimum lot width for the CSC zoning district from 200 feet to 100 feet. ATTACHMENTS: jkaft^ April 23, 2002, APC Minutes, pages lw4iwee Staff memos to APC dated April 18 and March 12, 2002, pages/r6through~. Draft Ordinance, attached without page numbers 7ov I CITY OF EAGAN Advisory Planning Commission" April 23, 2002 Page 18 H. ORDINANCE AMENDMENT - CITY OF EAGAN An Ordinance Amendment for a complete Update of Chapter 11 Entitled "Land Use Regulations (Zoning)". Planner Dudziak introduced this item and highlighted the information presented in the Memorandum dated April 19, 2002 with subject of City Initiated Rezoning. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Segal stated on page 81, item B, number two the word "occur" should be deleted. Member Segal moved, Member Nosbush seconded a motion to approve the Ordinance Amendment for a complete Update of Chapter 11 Entitled "Land Use Regulations (Zoning)" with the deletion of the work "occurs" on page 81, item B, number two change to the accessory structure ordinance as discussed earlier. All voted in favor. city of eagan MEMORANDUM TO: Chair Huusko and Planning Commission Members FROM: Pam Dudziak and Cynthia Kirchoff, Planners DATE: April 18, 2002 SUBJECT: Zoning Ordinance Amendment BACKGROUND Minnesota Statutes Section 473.175 requires all cities with the seven Twin Cities Metropolitan Area to prepare a comprehensive plan and have it reviewed and deemed consistent with the Regional Blueprint by the Metropolitan Council. The Land Use Map within the Comprehensive Guide Plan specifies a land use designation for every parcel of land within the City, which intends to guide development and redevelopment. Further, each parcel has a specific zoning classification attached to it. State law requires the local controls (zoning ordinance) to be consistent with Comprehensive Guide Plan, because the Zoning Ordinance implements the goals and policies of the Plan. As part of the City's work plan, the Zoning Ordinance was updated to incorporate policies (i.e., new R- IS zoning district) of the 2000 Comprehensive Guide Plan. SUMMARY The purpose of the Zoning Ordinance Amendment is to make regulations consistent with the Comprehensive Guide Plan and to make it more user friendly. The most notable additions to the ordinance are: R-1 S (Residential Single -Small Lot) ordinance, Transition ordinance, Planned Development ordinance, and Site Plan Review ordinance. The most notable omissions are the RB (Roadside Business) and RSC (Regional Shopping Center) zoning district ordinances, which were removed because there are no parcels zoned RSC, and only a few vacant parcels zoned RB. Also, the FP (Floodplain) district is now categorized as an overlay district, not a zoning district. The R-1 S zoning district provides for single family residential districts on smaller lots for varied housing styles and values within the City. The minimum lot size is 8,000 square feet and the maximum building coverage is 25 percent. (Note: In all residential districts the maximum building coverage has been change /SD Chair Huusko and Planning Commission Members April 18, 2002 Page 2 The Planned Development (PD) zoning district ordinance was redrafted to include standards (i.e., relation of site to adjacent uses, minimum area, minimum building coverage, residential unit densities, and open space requirements). Further, it specifies minimum requirements for submittal of Preliminary PD and Final PD. The Transition zoning district provides a classification that permits uses inconsistent with the Comprehensive Guide Plan to remain in operation until such time it is available for development or redevelopment, while retaining a conforming zoning status. The purpose of the Site Plan Review ordinance is to establish a formal building permit site plan review procedure. Evaluation criteria include: relationship with natural site features and surrounding land uses, sensitive design concerning natural features, and compatibility of building design, materials, and colors with adjacent uses. Other amendments to the ordinance including the addition of minimum lot sizes in the GB (General Business) and CSC (Community Shopping Center) zoning districts. The addition of minimum lot sizes may create nonconforming parcels, particularly in the CSC zoning district (e.g., Cedar Grove and Town Centre). CONCLUSION The Zoning Ordinance Amendment as attached will bring the ordinance into compliance with the goals and polices of the Comprehensive Guide Plan and provide logical organizational order to provisions. ACTION TO BE CONSIDERED To recommend approval of the Zoning Ordinance Amendment as attached. I city of eagan MEMORANDUM TO: Chair Huusko and Planning Commission Members FROM: Pam Dudziak, Planner DATE: March 12, 2002 SUBJECT: Overview of Revised Zoning Ordinance Attached is the updated draft of the complete zoning ordinance. The new ordinance has been reorganized to make it more user-friendly. Additionally, some new provisions have been added (e.g. site plan review, joint parking, convenience store design), and some provisions deleted (e.g. open sales lots, roadside business and regional shopping center zoning districts). The purpose of this memorandum is to provide an overview of the changes made to the existing document by section. Please pay particular attention to the new sections related to PD zoning (p. 68) and Site Plan Review (p. 148) in preparation for the workshop discussion. Sec. 11.30 Definitions This section has been amended to include those terms approved by the APC and City Council in June 2000. Definitions unique to the certain other sections such as the shoreland ordinance or tree preservation ordinance have been consolidated into Section 11.30. Sec. 11.40 General Provisions Numerous items have been removed from this section of the existing ordinance and relocated to the more appropriate Sec. 11.70 Performance Standards: land reclamation and mining motor fuel station design off-site off-street parking and outdoor storage fences parking off-street loading standards hours of operation landscaping/screening outdoor storage tree preservation temporary outdoor events additional requirements seasonal outdoor sales architectural standards for industrial and business trash enclosure requirements towers and antennae exceptions and modifications design and construction requirements for multiple dwellings / Chair Huusko and Planning Commission Members March 12, 2002 Page 2 Also, the additional setbacks required from major roadways have been placed within each zoning district and provisions for open sales lots were deleted. A provision was added to Subdivision 3 of this section (p. 22) to address the issue of contiguous substandard lots in the same ownership. And a provision was added to subdivision 9D establishing a threshold for reconstruction of non- conforming structures (p. 26). Sec. 11.50 Administration and Enforcement The variance procedure (p. 28) has been rewritten in its entirety to reflect the actual procedure used. The draft ordinance requires public notices to be mailed to property owners within 350 feet of the site, rather than 200 feet as currently required. This change was made to maintain consistency in the extent of public notification for all types of applications. Also, six (6) factors for reviewing variance requests have been included. New procedures related to zoning ordinance amendments and rezonings (p. 31) allow a property owner the ability to petition for a text amendment as well as a map change. Currently, a text change must be initiated by the APC or City Council. Sec. 11.60 Zoning Districts A noteworthy change in this section is formatting. The use lists have been alphabetized and terminology modified to be consistent with defined terms. Bulk standards have been incorporated into a separate table for each zoning district to make for easier interpretation. Also, the additional major roadway setbacks have been added to each zoning district. The R- IS (Residential Single - Small Lot) zoning district, which was anticipated in the Comprehensive Guide Plan update, has been added (p. 41). This district permits 8,000 square foot lots and allows maximum building coverage of 25%. Maximum building coverage in other residential zoning districts remains at 20%. The bulk standards for the R-3 zoning district have been clarified for internal setbacks between buildings versus perimeter setbacks from the site boundary (p. 46). In the commercial use districts, the RB (Roadside Business) and RSC (Regional Shopping Center) zoning districts have been eliminated as duplicative or antiquated. There are no parcels zoned RSC, and only a few vacant parcels zoned RB. Also, minimum lot dimensions have been added for the commercial zoning districts. One of the most significant changes to the zoning ordinance is the Planned Development zoning district (p. 68). This provision has been completely rewritten to include standards (i.e., relation of site to adjacent uses, minimum area, minimum building coverage, residential unit densities, and open space requirements). It specifies minimum requirements for submittal of Preliminary Planned Development and Final Planned Development. Also, standards used to review a PD are included with this draft. /93 I Agenda Information Memo May 21, 2002 Eagan City Council Meeting D. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To adopt an Ordinance Amendment to Rezone the Bridle Ridge and Hills of Stonebridge Planned Developments from PD to R-1 and grant Variances to existing parcels that do not meet R-1 bulk standards. FACTS: ➢ Eagan's Comprehensive Guide Plan 2000 was adopted in February 2001. The purpose of the Comp Plan is to establish long-range goals and policies relating to land use, infrastructure (utilities & streets), parks, natural resources, and housing. ➢ Subsequent to the Comp Plan Update, the City is now reviewing and in the process of updating Chapter 11 (Zoning) and the official Zoning Map so there will be a logical consistency between both of these planning tools. An outcome of the Comp Plan Update was the stated desire to, where possible, eliminate Planned Development Zoning. ➢ The APC held a Public Hearing for this item on April 23rd and they are recommending approval. ATTACHMENTS: (4) Draft 4-23-02 APC Minutes page. Location Map on page Letter sent to affected property owners on page/ eO . Summary list of properties requiring Variances on page through 7 . Chair Huusko and Planning Commission Members March 12, 2002 Page 3 Sec. 11.70 Performance Standards This section covers all regulations that dictate the physical characteristics of a use on a particular site and apply across multiple zoning districts parking regulations, landscaping, tree preservation, minimum design requirements for selected uses (i.e., commercial car washes), and minimum material standards for industrial and some businesses districts. Another significant provision of this draft is the Site Plan Review ordinance (p. 148), which specifies procedures and minimum requirements for evaluating a building permit application. Other new provisions were added to this section for convenience store (p. 135) and commercial car wash design (p. 136), joint parking (p. 120), and parking ramps (p. 121). Additionally, the sign ordinance (p. 150) has been relocated into the zoning ordinance from chapter 4 of the City Code. The primary reason for this is to allow for variance requests to the sign ordinance requirements. i CITY OF EAGAN Advisory Planning Commission f April 23, 2002 DRk.:` Page 19 1. ORDINANCE AMENDMENT - CITY OF EAGAN An Ordinance Amendment to the Eagan City Code Chapter 11 Entitled "Land Use Regulations (Zoning)" Sec. 11.20, Subd. 2 adopting a new Zoning Map reflecting a Zoning Change of Bridle Ridge and Hills of Stonebridge Planned Developments to R-1 (Single Family Residential). Planner Kirchoff introduced this item and discussed the ordinance amendments as noted on the distributed notice. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Kaess moved, Member Segal seconded a motion to approve the Ordinance Amendment to the Eagan City Code Chapter 11 Entitled "Land Use Regulations (Zoning)" Sec. 11.20, Subd. 2 adopting a new Zoning Map reflecting a Zoning Change of Bridle Ridge and Hills of Stonebridge Planned Developments to R-1 (Single Family Residential). All voted in favor. a Eagan Boundary Location Map Ptreet a amial Building Footprint _ i ~ o~ ~ s s ~ y ~ Qfvataoa s a m ~ ~ j .7 4 ~ a 0 ~ ~ s>' A a• 9 s3 k cry1 ~ . m o ~ v a ~ j1 ~ ~:d g 4 ! o ,sy ~ + a! ~C d 3 n 'a ~ d©,a ® ~ tT m 3 .ate , ] o © d~ ~ 4 ~ 3 1 2 a 1 c e a a s e J O 3 b a ~ ~ P a ~ a ~s o m~ sq ~q ®c a ~ Area t• ~ 14 EP zv ~ a ~ a ~ ® 3 ~ • e ~ ~ a~ ale s e 33 3 a s 0 sr oa ' p i Q a a v D A P 3 q sa o 0 d 9 >@b a a0 1000 0 1000 2000 Feet Development/Developer. City of Eagan Application: Ordinance Amen ing Map Update Case No.: 04-OR-02-0402 Map Praparod uai ew ].1. Pamat bass map data povWad by Dakou County land 9urvsy Departmsrd and is currant as w March 2002. City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E .M w N _ -'I C , - The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Cem .w Devslopm t DepaRrrant not responsible for errors or omissions. RE: Public Hearing April 23,2002; 6:30 p.m. Eagan City Hall Council Chambers Dear Property Owner: Due to state legislation in 1998, the City of Eagan was mandated to update the City's Comprehensive Guide Plan (Comp Plan). This new Comp Plan, Eagan's Comprehensive Guide Plan 2000 was adopted in February 2001. The purpose of the Comp Plan is to establish long- range goals and policies relating to land use, infrastructure (utilities & streets), parks, natural resources, and housing. Every piece of property in Eagan has a land use designation. The City of Eagan has also adopted an official Zoning Map. Each parcel of property in Eagan also has a zoning designation. As opposed to long-term, the zoning designation assigns a present day land use to each parcel of property. As a housekeeping measure, associated with the Comp Plan update, the City is currently in the process of updating the Zoning Map so there will be a logical consistency between both of these planning tools. The City will be holding a Public Hearing on Tuesday, April 23, 2002 at 6:30 p.m. Your property is presently designated Planned Development (PD) on the Eagan Zoning Map and designated Low Density (LD) on the Comp Plan Land Use Map. The PD zoning was used extensively in the mid-1980's and early 1990's when large tracts of land were controlled by a single person or entity. All PD zoning was intended to terminate and the actual development of the land would dictate the ultimate zoning of each parcel. Most of the PD's created during this era have expired and the City is now in the formal process of terminating them. All of the property in your subdivision, including yours, will be rezoned to R- l, Single Family which represents the use of the property. The PD zoning causes concern when buying or selling homes because mortgage companies are required to determine if the property is being used for the intended use. Without any specificity attached to the PD zoning, the intended use is not necessarily clear and causes confusion. In short, this is a housekeeping matter that will NOT affect the rights residents have to use or improve their property but, rather, it will clarify and protect those rights. If you have any questions regarding the information contained in this letter, please contact the Community Development Department at 651-681-4685. ~O Planned Development Study 5/16nOO, HILLS OF STONEBRIDGE ADDITION Note: Foundation size was calculated using Dakota County Assessor data Lot Size was calculated using Dakota County Parcel shapefile area field. Total Bldg. Bldg. Lot PIN LotBlock Plat Name Lot Size (sq. ft) Area (sq. ft.) Coverage issue 103299053007 537 HILLS OF STONEBRIDGE 74 CHESHIRE CT 12,748.2 1816 14.25% lot width p 103299007008 78 HILLS OF STONEBRIDGE 73 CASTLETON CT 13,734.2 1504 10.95% lot width a 1' 103299002008 2 8 HILLS OF STONEBRIDGE 401 STONEBRIDGE DR S 14,627.4 2452 16.76% lot width g:' 103299028007 287 HILLS OF STONEBRIDGE 410 HAVENHILL CIR 15,379.1 1972 12.82% lot width '77 103299039007 397 HILLS OF STONEBRIDGE 411 HAVENHILL CIR 16,899.0 1753 10.37% lot width -C 103299027006 276 HILLS OF STONEBRIDGE 69 HANOVER CT 17,298.3 1748 10.11% lot width 8z' 103299004005 45 HILLS OF STONEBRIDGE 390 STONEBRIDGE DR N 22,309.6 1787 8.01% lot width 73 t 103299028006 286 HILLS OF STONEBRIDGE 69 HANOVER CT 26,155.8 1544 5.90% lot width 78' Page 1 of 1 Planned Development Study 5116/2002 Bridle Ridge 1st Addition Note: Foundation size was calculated using Dakota County Assessor data. Lot Size was calculated using Dakota County Parcel shapefile area field. Total Bldg. Bldg. Lot PIN L*Mlock Plat Name Property Address Lot Size (sq, ft.) Area (sq. fL) Coverage Issue 101499609012 9 12 BRIDLE RIDGE 1STADD 3839 MILL RUN LANE 8,513.2 1710 20.09% Lot size 101499605012 5 12 BRIDLE RIDGE 1STADD 3838 MILL RUN LANE 10,471.9 1751 16.72% Lot size - Lot width 40) 101499604012 4 12 BRIDLE RIDGE 1ST ADD 3842 MILL RUN LANE 10,491.1 1490 14.20% Lotsize-Lotwldth 77' 101499608011 8 11 BRIDLE RIDGE 1ST ADD 3809 MILL RUN CT 10,515.2 1673 15.91% Lot size 101499607001 71 BRIDLE RIDGE 1ST ADD 674 BRIDLE RIDGE RD 11,285.5 1605 14.22% Lot size 101499617017 17 17 BRIDLE RIDGE 1ST ADD 724 WINDMILL CT 11,390.5 1798 15.79% / Lot size -Lot width 7 101499604014 4 14 BRIDLE RIDGE 1ST ADD 778 MILL RUN PATH 11,765.7 1785 15.17% Lot size 101499611016 11 16 BRIDLE RIDGE 1ST ADD 3894 CANTER GLEN DR 11,841.0 1675 14.15% Lot size 101499601013 1 13 BRIDLE RIDGE 1ST ADD 783 MILL RUN PATH 11,910.6 1620 13.60% Lot size 101499601011 1 11 BRIDLE RIDGE 1ST ADD 3818 MILL RUN CT 11,960.9 1666 13.93% Lot size 101499603014 3 14 BRIDLE RIDGE 1ST ADD 774 MILL RUN PATH 12,118.4 1724 14.23% Lot width 73 101499609011 9 11 BRIDLE RIDGE 1ST ADD 3813 MILL RUN CT 12,138.5 1717 14.15% Lot width 10' 101499605014 5 14 BRIDLE RIDGE 1ST ADD 782 MILL RUN PATH 12,557.0 1480 11.79/0 / ° Lot width 76 0 101499604015 4 15 BRIDLE RIDGE 1ST ADD 3883 CANTER GLEN DR 12,725.2 1722 13.53% Lot width 4a 1 101499607015 7 15 BRIDLE RIDGE 1ST ADD 781 CANTER GLEN CIR 13,158.5 1702 12.93% Lot width -7$ 101499602014 2 14 BRIDLE RIDGE 1ST ADD 770 MILL RUN PATH 13,926.3 1596 11.46/o r _ ° Lot width 7 3 101499606015 6 15 BRIDLE RIDGE 1ST ADD 777 CANTER GLEN CIR 14,224.4 1843 12.96% Lot width 74' 101499605011 5 11 BRIDLE RIDGE 1ST ADD 3802 MILL RUN CT 16,496.3 1724 10.45% Lot width V) Page 1 of 1 /74/ . Al Pay Equity Implementation Report t Z, Send completed report to: Pay Equity Coordinator For Department Use Only Department of Employee Relations 200 Centennial Building Postmark Date of Report 658 Cedar Street St. Paul, MN 55155-1603 (651) 296-2653 (Voice) Jurisdiction ID Number (651) 297-2003 (TDD) o Name of Jurisdiction ~o CITY OF EAGAN_ _ e] City ❑ County ❑ School ❑ Other: v Address City State Zip Q : 3830 Pilot Knob Rd. Eagan MN 55122 t ~ Contact Person Phone IL Gene VanOverbeke (651 ) 681-4616 Q The job evaluation system used measured skill, effort, ® No salary ranges/performance differences. responsibility and working conditions and the same system was used for all classes of employees. ❑ Check here if both of the following apply; otherwise, leave Check the system used: blank. ❑ State Job Match a. Jurisdiction does not have a salary range for any job class. ❑ Designed Own (specify) b. Upon request, jurisdiction will supply documentation showing that inequities between male and female o Consultant's System (specify) classes are due to performance differences. PDI FOCUS ( Control Data) Note: Do not include any documentation regarding performance with this form. ❑ Other (specify) ® An official notice has been posted at w Q Health insurance benefits for male and female classes Municipal Center Bulletin Board of comparable value have been evaluated and: (prominent location) informing employees that the Pay Equity Implementation p ❑ There is no difference and female classes are not Report has been filed and is available to employees upon at a disadvantage. request. A copy of the notice has been sent to each exclusive m representative, if any, and also to the public library. The report t ❑ There is a difference and the maximum salaries was approved by: IL reported include the monthly amount paid by the Eagan City Council employer for health insurance. (governing body) Q Information in this report is complete and accurate. Patricia E. Awada Ichief elected official, print) 0 The report includes all classes of employees over which the jurisdiction has final budgetary approval (chief elected official, signature) authority. Mayor 5-21-02 (title) (date) Result from Salary Range Worksheet a a 108.58 % is the result of average years to salary range maximum for male classes divided by the CL H 11 average years to salary range maximum for female classes. Results from Exceptional Service Pay Worksheet ® 20% or less of male classes receive ESP. t Sd 3,1 o u ° o IL W o ; % is the result of the percentage of female classes receiving ESP divided by the percentage b =6 of male classes receiving ESP. W O O t 1'Cc s 12,789,306 is the annual payroll for the calendar year just ended December 31. (Part F on Back) pryprpi.pf 5-16-2002 10:59AM FROM RILEY.DETTMAN,KELSEY 952 542 2212 P.7 Data Entry Listing - City of Eagan 5!16102 8:43:43 AM Page: 1 Case: May 16, 2002 Report Class Min Max Yrs to Yrs. of Job Nbr Job Tide Men Females TYPO Points Salary Salary Max Srv Exceptional Srv 1 Seasonal Arena Custodial 1 0 M 40 $1,257.00 $1,387.00 4 0 2 PT Building Maintenance 1 1 B 40 $1,938.00 $2,278.00 4 0 3 Tennis Instructor 1 0 M 40 $1,300.00 $1,517.00 5 0 4 CSO 4 0 M 46 $2,259,00 $2,657.00 4 0 5 Instructor's Assistant 0 2 F 46 $1,343.00 $1,482.00 3 0 6 Seasonal Forestry Tech, 1 0 M 48 $1,482.00 $1,914,00 4 0 7 Seasonal Maintenance 15 0 M 48 $1,269.00 $1,714.00 4 0 8 Seasonal Horticultural Tech. 2 1 B 48 $1,482,00 $1,714,00 5 0 9 Recreation Program Assistant 0 2 F 48 $1,647.00 $1,881.00 3 0 10 Recreation Leader 1 3 F 48 $1,430.00 $1,742,00 6 0 11 Pre-School Instructor 0 1 F 48 $1,647,00 $2,432,00 8 0 12 Site Coordinator 0 1 F 48 $1,430.00 $1,742.00 6 0 13 Clerical Technician II 0 4 F 49 $2,258,00 $2,657,00 4 0 14 Seasonal Arena Supervisors 6 3 B 52 $1,430.00 $1,742.00 6 0 15 Guest Relations Manager 0 1 F 52 $2,123.00 $2,123.00 1 0 16 Prop" Room Tech. 1 0 M 6$ $2,439.00 $2,869.00 4 0 17 Clerical Technician III 0 19 F 53 $2,439.00 $2,869.00 4 0 18 Seasonal Tree Inspector 1 0 M 58 $2,023,00 $2,023,00 0 2 19 Seasonal Horticultural Spec. 1 0 M 58 $2,073.00 $2,073.00 0 3 20 Seasonal Weed Inspector 1 0 M 58 $1,960.00 $1,960,00 0 1 21 Building Maint. Worker 1 0 M 58 $2,633.00 $3,097.00 4 0 22 Arena Pool Maint. Worker 2 0 M 58 $2,633.00 $3,097.00 4 0 23 Maintenance Worker 34 0 M 5$ $2,513,00 $3,32$,00 5 0 24 Preschool Coordinator 0 1 F 58 $2,63300 $3,097.00 4 0 25 Clerical Technician IV 0 4 F 58 $2,633,00 $3,097.00 4 0 26 Temp. Engineer Aide 2 0 M 59 $1,647.00 $2,019,00 4 2 27 Water Quality Intern 1 0 M 60 $1,875.00 $1,875.00 1 0 28 Temp. Admin, Intern 0 1 F 61 $2,773,00 $2,773.00 0 1 29 Skating School Director 0 1 F 61 $2,778.00 $2,778.00 0 2 30 Secretary V 0 3 F 61 $2,846.00 $3,345.00 4 0 31 Asst. Civic Arena Manager 1 0 M 61 $2,846.00 $3,345.00 4 0 32 Police Dispatcher 1 9 F 61 $2,543.00 $3,063.00 5 0 33 Animal Control Officer 0 1 F 62 $2,846,00 $3,345,00 4 0 34 Clerical Technician V 0 3 F 62 $2,846.00 $3,345.00 4 0 35 Planning Aide 0 1 F 66 $3,071.00 $3,614.00 6 0 36 Office Supervisor 0 3 F 67 $3,583,00 $4,215,00 6 0 37 Dispatcher Supervisor 0 1 F 67 $4,324.00 $4,324.00 0 10 38 Police Officer 38 5 M 67 $3,082,00 $4,250,00 3 0 Longevity r KUM K LL Y . Ut 1 1 MAN. KELSEY 9S2 S42 2212 P. 8 Data Entry Listing - City of Eagan 5116102 8:44:04 AM Page: 2 Case: May 16, 2002 Report Class Min Max Yes to Yrs of Job Nbr Job Title Men Females Type Points Salary Salary Max Srv Exceptional snr 39 Water Resources, Tech, 1 0 M 69 $3,071,00 $3,614,00 5 0 40 Code Enforcement Tech. 1 1 B 69 $3,071,00 $3,614.00 6 0 41 GIS Tech. 1 1 B 69 $3,318,00 $3,903.00 6 0 42 Programs/Events Supervisor 0 1 F 69 $3,318.00 $3,903.00 6 0 43 Research/Spec, Projects 0 1 F 69 $3,318.00 $3,903.00 6 0 44 Police Office Supervisor 0 1 F 71 $3,563,00 $4,215.00 6 0 45 Sr. GIS Tech. 0 1 F 71 $3,583.00 $4,215.00 6 0 46 Communications Coordinator 0 1 F 71 $3,583.00 $4,215.00 6 0 47 Utilities Inspector 1 0 M 71 $3,318.00 $3,903.00 6 0 48 Fire Inspector 1 0 M 71 $3,318.00 $3,903.00 6 0 49 Engineering Tech, 5 1 M 72 $3,583.00 $4,215.00 6 0 50 Accountant 1 1 1 B 74 $3,318,00 $3,903,00 6 0 51 Bldg, Maintenance Supervisor 1 0 M 74 $3,583.00 $4,215.00 6 0 52 Recreation Supervisor 0 3 F 75 $3,583,00 $4,215,00 6 0 53 Cascade Bay Manager 1 0 M 75 $3,683.00 $4,215.00 6 0 54 IT Tech. 0 1 F 76 $3,318,00 $3,903,00 6 0 55 Admin. Sec./Dept. Clerk 0 1 F 78 $3,583.00 $4,215.00 6 0 56 Water Systems Analyst 1 0 M 78 $3,853.00 $4,553.00 6 0 57 Planner 0 2 F 78 $3,853.00 $4,556.00 0 0 $8 City Clerk/Admin. Svcs, Coord. 0 1 F 78 $3,583.00 $4,215.00 6 0 59 Building Inspector 4 0 M 79 $3,583,00 $4,215,00 6 0 60 Fire Marshal 1 0 M 79 $3,583.00 $4,215.00 6 0 61 Civic Arena Manager 1 0 M 79 $3,853.00 $4,553.00 6 0 62 Equipment Maint. Supervisor 1 0 M 79 $4,179.00 $4,917,00 5 0 63 Police Detective 9 3 B 79 $4,463.00 $4,483.00 0 22 Longevity 64 Forestry Supervisor 1 0 M 80 $4,179.00 $4,917,00 6 0 65 Sr, Building Inspector 2 0 M 81 $3,871.00 $4,553.00 6 0 66 Water Plant Supervisor 1 0 M 81 $4,179.00 $4,917.00 6 0 67 Police Sergeant 9 1 M 81 $5,278.00 $5,278.00 0 18 68 IT Assistant 0 1 F 81 $3,871.00 $4,553.00 6 0 69 Utilities Supervisor 1 0 M 82 $4,178.00 $4,917,00 6 0 70 Park Maintenance Supervisor 1 0 M 82 $4,179.00 $4,917.00 6 0 71 Park Operations Supervisor 1 0 M 82 $4,179,00 $4,917.00 6 0 72 Recreation Superintendent 1 0 M 83 $4,179.00 $4,917,00 5 0 73 Street Supervisor 1 0 M 84 $4,179.00 $4,917.00 6 0 74 Accountant 11 0 1 F 84 $4,179.00 $4,917.00 6 0 75 Admin. As5t, - PD 1 0 M 84 $4,179,00 $4,917,00 6 0 75 Water Resources Coordinator 1 0 M $4,515,00 $5,311.00 5 0 o- i o-cry u~ i a : oyHM r- KUM K 1 Lt--Y, UL I I MAN, KELSEY 952 542 2212 P. 9 Data Entry Listing - City of Eagan 5/16/02 8:44:25 AM Page: 3 Case: May 16, 2002 Report Class Min Max Yrs to Yrs of Job Nbr Job Title Men Females Type Points Salary Salary Max Srv Exceptional Srv 77 Teleoom Coordinator 1 0 M 86 $4,515.00 $5,311,00 6 0 78 Construction Manager 1 0 M 87 $4,874.00 $5,734.00 6 0 79 Park Planner 1 0 M 88 $4,515.00 $5,311.00 6 0 80 Public Works Coordinator 1 0 M 89 $4,515.00 $5,311.00 6 0 81 IT Coordinator 0 1 F 90 $5,264.00 $5,193,00 6 0 82 Asst, City Engineer 1 0 M 93 $4,874.00 $5,734.00 6 0 83 Senior Planner 1 0 M 96 $5,264.00 $6,193.00 6 0 84 Park Superintendent 1 0 M 97 $5,264.00 $6,193,00 6 0 85 Utilities Superintendent 1 0 M 97 $5,264.00 $6,193.00 6 0 86 Chief Building Official 1 0 M 97 $5,264.00 $6,193.00 6 0 87 Street Superintendent 1 0 M 99 $5,264.00 $6,193.00 6 0 88 Assistant City Administrator 1 0 M 99 $5,264.00 $6,193.00 6 0 89 Police Captain 2 0 M 101 $5,685.00 $6.687.00 6 0 90 Chief Financial Officer 1 0 M 101 $5,585,00 $6,687.00 6 0 91 City Engineer 1 0 M 102 $5,685.00 $6,687.00 6 0 92 Asst, City Admin./NR Director 0 1 F 103 $6,139,00 $7,223.00 9 0 93 Director Parks/Recreation 1 0 M ill $6;630.00 $7,802.00 9 0 94 Director of Public Works 1 0 M 112 $6,630.00 $7,802.00 9 0 95 Chief of Police 1 0 M 114 $6,630.00 $7.802.00 9 0 96 Director Admin. Services 1 0 M 115 $6,630.00 $7,802,00 9 0 97 City Administrator 1 0 M 124 $7,734,00 $9,100,00 9 0