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06/18/2002 - City Council Regular~, ~_ ~., ~~ AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING June 18, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA A. APPROVE Minutes / B. PERSONNEL Items C. RATIFY Check registers dated June 6, 2002 and June 13, 2002 ,Q D. APPROVE 2002-2003 Service Station License renewals ~ E. APPROVE 2002 Amusement Device License renewals ~F. APPROVE 2002 Massage Therapy Establishment License renewal a G. AUTHORIZE solicitation of bids for City telephone system H. APPROVE final payment -Community Room construction contract I. DECLARE Airport Relations Commission vacancy a J. SCHEDULE mandatory hearing regarding the liquor license for Davanni's Pizza K. APPROVE Connection Charge Agreement - Prowire, Inc. ~? L. AUTHORIZE solicitation of bids for interior ]ow voltage voice and data cabling for the new City of Eagan Community Center M. CONTINUE Contract Award for Contract O 1-05, (Cedar Grove Access Modifications) ~p N. AWARD Contract for Contract 02-13 (Evergreen Park Pond -July 2000 Storm / Mitigation Improvements) P~ O. ACKNOWLEDGE Completion and Authorize City Maintenance, Project 98-C (Marice Addition -Sidewalk and Storm Sewer Improvements) P~ P. APPROVE Change Order No. 4 for Contract 01-04 -Central Parkway Street and Utility Improvements Q. AWARD Contract 02-15B -Community Center Site Improvements R. APPROVE Change Order #3 -Community Center S. APPROVE Change Order #1 -Central Park Pavilion and Well House p T. DIRECT staff to review Sign Ordinance regarding definition of "governmental signage" p ~ U. APPROVE Findings of Fact - Parkview Golf Club V. ACKNOWLEDGE Completion and Authorize City Maintenance for Project 99-R r1 (Lexington Pointe 14a' Addition -Street and Utility Improvements) ~7o W. APPROVE Amendment to Development Agreement for Oakbrooke 5`~ Addition X. APPROVE Agreement for Eagan Police Officers to assist the Chaska Police Department on a volunteer basis for the PGA Championship Golf Tournament Y. APPROVE contract agreement to be used for Community Center rental space nL~ Z. ACKNOWLEDGE Sam's Club on-site parking review V. 6:30 -PUBLIC HEARINGS P 6 3 A. VARIANCE -Charles H. Bragg. A 15 foot variarice from the 30 foot front yard setback for the construction of an addition on Lot 11, Block 4, Suncliff 1st Addition, located at 1899 Sunrise Court in the NW '/e of Section 29. P /,3B. VARIANCE -Robert Mueller. A Variance to allow an accessory building area in excess of 578 square feet on Lots 13 and 14, Block 1, Safari Estates, located at 1944 Safari Trail in the SW '/< of Section 32. VI. OLD BUSINESS /~q~ A. AMEND DEVELOPMENT CONTRACT -Manley Land Company for Manley /- Addition to allow less than 20 feet between homes for Lot 16. VII. NEW BUSINESS ~q 9A. Consider AIRPORT RELATIONS COMMITTEE RECOMMENDATION on draft Aviation Policy Report. p~~Q B. Consider AIRPORT RELATIONS COMMITTEE RECOMMENDATION on Joint r Airport Zoning Board. ~~~/ C. PRELIMINARY SUBDMSION & PRELIMINARY PLANNED DEVELOPMENT - DAVERN, INC. A Preliminary Subdivision (Covington Townoffice Park) of approximately 2.82 acres to create nme lots and a Preliminary Planned Development for an office development, located on the east side of Slater Road, north of Warrick Court in the NW '/< of Section 31. 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. ~~~ city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 14, 2002 SUBJECT: AGENDA INFORMATION FOR JUNE 18, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 18, 2002 City Council agenda, the following items are in order for consideration. Agenda Information Memo June 18, 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 June 4, 2002 regular City Council meeting, the June 4, 2002 Listening Session and the June 4, 2002 special City Council workshop as presented or modified. ATTACHMENTS: • Minutes of the June 4, 2002 regular City Council meeting are enclosed on pages .3 through ~. • Minutes of the June 4, 2002 Listening Session are enclosed on page ~3 . • Minutes of the June 4, 2002 special City Council workshop are enclosed on pages f~ through. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL D R A F T Eagan, Minnesota June 4, 2002 A regular meeting of the Eagan City Council was held on Tuesday, June 4, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councihnembers Bakken, Carlson, Fields and Tilley (Tilley arrived at 7:05). 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 Councihnember Bakken moved, Councihnember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay: 0 RECOGNITIONS AND PRESENTATIONS GIRL SCOUT GOLD AWARD Mayor Awada recognized Girl Scouts who recently received the Girl Scout Gold Award. She presented certificates to Laura Hogenson and Laura Wolf. Laura Eide and Joan Kaufenberg were unable to attend. 2001 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges discussed this item regarding the Comprehensive Annual Financial Report for all City funds for the year ending December 31, 2001. A presentation was made at the Special City Council meeting which was held earlier in the day. Councihnember Bakken moved, Councihnember Fields seconded a motion to accept the 2001 Comprehensive Annual Financial Report as presented. Aye: 4 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the May 21, 2002 regular City Council meeting, the May 21, 2002 Listening Session and the May 14, 2002 special City Council workshop. B. Personnel Items. 1. It was recommended to approve the hiring of Jeff Brooker, Jenny Erkel, Kellie Grimm and Christopher Hoffman as seasonal park maintenance workers. 2. It was recommended to approve the hiring of Melissa Kessler as a seasonal park worker. 3. It was recommended to approve the hiring of Leah Taylor as a seasonal GIS/GPS Intern. 4. It was recommended to approve the hiring of Judith Forde as a part-time seasonal preschool instructor. 5. It was recommended to approve the hiring of Tristan Preusse, Melissa Buntjer and Katie Nelson as part-time seasonal preschool instructor assistants. 6. It was recommended to approve the hiring of Lindsey Dulin as a part-time seasonal puppeteer. 7. It was recommended to approve the position of Community Center General Manager and authorize advertisement for the position. C. Ratify Check Re isg tern. It was recorrunended to ratify the check registers dated May 23, 2002 and May 30, 2002 as presented. D. Service Station License Renewals. it was recommended to approve 2002-2003 Service Station License renewals for the following: Tom Thumb, Yocum's Market, Holiday Stationstore #68, Holiday Stationstore #318, Holiday Stationstore #232, Holiday Stationstore #247, PDQ, McG's, Duckwood 66. E. Commercial Fertilizer Applicators License. It was recommended to approve 2002 New Commercial Fertilizer Applicators License for S&S Tree Specialists, 405 Hardman, South St. Paul, MN. F. Tree Contractor License. It was recommended to approve 2002 New Tree Contractor License for Vertical Perfections, 13705 Washburn Avenue, Burnsville, MN. G. Shows License. It was recommended to approve 2002 4`s of July Funfest application for a carnival to be held July 3-4, 2002. H. Parade Permit. It was recommended to approve a parade permit for July 4, 2002. 3 Eagan City Council Meeting Minutes June 4, 2002 Page 2 RAFT I. Change Order. It was recommended to approve change orders received for the Municipal Building Community Room renovation. J. Amendment to Joint and Cooperative Agreement- LOGIS. It was recommended to approve a Resolution relating to Local Government Information Systems (LOGIS); Authorizing the Execution and Delivery of Second Amendment to the Joint and Cooperative Agreement. K. Amusement Device License. It was recommended to approve 2002 Amusement Device License renewals for Starks Saloon, Grand Slam, Cedarvale Bowl, and Pizza Hut. L. On-Sale Liquor and Sunday License for SID Ea@an. LLC. It was recommended to approve the on-sale liquor and Sunday license for SID Eagan, LLC, dba Sidney's Restaurant, 3330 Pilot Knob Road. M. Revised Meeting Date. It was recommended to approve the revised Special City Council meeting date of Tuesday, June 25 instead of June 11, 2002. N. Contract 02-08. It was recommended to reject all bids for Contract 02-08 (Kennerick Addition - Storm Sewer Improvements) and delay the construction of the improvements unti12003. O. Contract 02-13. It was recommended to continue the award for Contract 02-13 (Evergreen park/Ponds BP-15 and BP-16 -July 2000 Storm Mitigation Improvements Area #5 to the June 18, 2002, regular Council meeting. P. PrJect 782. It was recommended to approve the settlement agreement regarding final assessments under Project 782 (Old Sibley Memorial Highway -Street Improvements) for the Preusse Additions, and authorize the Mayor and City Clerk to execute all related documents. Q. Project 806. It was recommended to approve an Easement Agreement for Project 806 (Kennerick Addition- Storm Sewer Improvements) with the owner of Parcel 10-88800-110-00 (Portion of Lot 11 Zehnder Acres) and authorize the mayor and City Clerk to execute all related documents. R. 5 Year Capital Improvement Program. It was recommended to approve the 5-year Capital Improvement Program (CIP) for 2003-2007, Part III (Public Works Infrastructure) and authorize the implementation of the public improvement process for the 2003 program. S. Surplus Property. It was recommended to declare obsolete office furniture as surplus property and approve the donation of the furniture to anon-profit entity. T. Community-Wide Survey. It was recommended to approve an outside firm to prepare acommunity- wide survey. U. Cedar Avenue Corridor Transitway Study Committees. It was recommended to appoint City representatives to the Cedar Avenue Transitway Study management Committee and Technical Advisory Committee. Motion was made by Carlson, seconded by Bakken to approve the Consent Agenda as presented. Aye: 4 Nay 0 PUBLIC HEARINGS VARIANCE -THOMAS THRESS (3550 WIDGEON WAIF City Administrator Hedges introduced this item regarding a variance request of five feet from the required 10 foot side yard setback for the construction of a living space addition to an existing single family dwelling on property located at 3035 Widgeon Way. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. Thomas Thress, applicant, stated his neighbors had no objections to his proposed plans. There being no further public continent, Mayor Awada closed the public hearing and turned discussion back to the Council. Councihnember Bakken moved, Councihnember Fields seconded a motion to approve a five (5) foot Variance from the required 10 foot side yard setback for the construction of a living space addition to an existing single family dwelling on property located at 3035 Widgeon Way (Lot 29, Block 1, Duckwood Estates) in the NE '/, of Section 15. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BII.LS Eagan City Council Meeting Minutes June 4, 2002 Page 3 CRAFT City Administrator Hedges discussed this item regarding delinquent false alarm bills totaling $1,932.50 that are in order for certification to the County. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and fumed discussion back to the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the fmal assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding delinquent weed cutting bills in the amount of $1061.17 which are in order for certification to the County. 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 the fmal assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 OLD BUSINESS CLARIFICATION OF SETBACKS (WOODSTONE TOWNHOMES) TOLLEFSON DEVELOPMENT, INC. City Administrator Hedges introduced this item regarding the minimum required building setbacks for the Woodstone Townhome development. Senior Planner Ridley gave a staff report, stating the developer is requesting a clarification of setbacks as there has been confusion between what the developer interpreted and what City staff interpreted as the Council's intention when the Planned Development for Woodstone Townhome development was approved in May 2001. Council held a discussion regarding the setback requirements and it was agreed that the intention was for the building setbacks to be a minimum of 30 feet. Councilmember Carlson moved, Councilmember Fields seconded a motion to clarify that the minimum required building setbacks for the Woodstone Townhome development is 30 feet. Aye: 4 Nay: 0 (Councilmember Tilley arrived) NEW BUSINESS CONDITIONAL USE PERMIT -PORTFOLIO DESIGN (FOR BEST BRANDS) City Administrator Hedges introduced this item regarding a conditional use permit to allow outdoor storage of semi-trailers and materials on property located at 1765 Yankee Doodle Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow outdoor storage ofsemi-trailers and materials on property located at 1765 Yankee Doodle Road in the SE '/, of Section 8, 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, and proof of recording submitted to the City. 2. The existing trailers attached to the building shall be removed and building permits obtained for restoration of the building by September 1, 2002, to the satisfaction of the Chief Building Official. 3. No more than 60 trailers shall be stored east of the building at any time, and no more than 60 trailers shall be stored north of the building at any time. A revised site plan showing where the individual trailers may be stored shall be submitted prior to recording of the permit. S Eagan City Council Meeting Minutes June 4, 2002 Page 4 ~RAFr 4. Concrete pads shall be installed to support the trailer lets in areas of proposed trailer storage. 5. Landscaping and imgation shall be installed as shown on the Entrance Detail plan dated May 1, 2002. The landscaping shall be completed by September 30, 2002. 6. All trailers must be stored in an orderly fashion. 7. A revised site plan indicating the storage area for the barrels and for materials and equipment, showing where the trailers will be stored on the site should be submitted. 8. Outdoor material and equipment shall occur only in the area of the existing concrete pad adjacent to the building and be used for such purpose only as necessary for changing mechanical equipment within the building. Long term outdoor storage of mechanical equipment and parts should not be allowed longer than 60 days. 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 10. Recycled asphalt shall be used to surface the east outdoor storage area. The site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. the fast review will occur two years following approval of this permit. If the material is deternuned to be inadequate, the City will require that it be replaced with bituminous asphalt. 11. The outdoor storage areas shall be surfaced with bituminous asphalt and including concrete curb and gutter with required storm drainage provisions, by November 1, 2007 or upon extension of the building eastward, whichever occurs earlier. 12. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 13. All parking and storage areas shall be properly maintained to prevent deterioration. CONDITIONAL USE PERMIT - WAL-MART (1360 TOWN CENTRE DRIVE) City Administrator Hedges introduced this item regarding a Conditional Use Permit for seasonal outdoor sales to allow a temporary greenhouse on property located at 1360 Town Centre Drive. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councihnember Bakken seconded a motion to approve a Conditional Use Permit for seasonal outdoor sales to allow a temporary greenhouse on property located at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 11~' Addition, in the NW '/, 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 seasonal sales shall be allowed between the dates of May 1 and June 25 each year. 3. A building permit is required prior to construction of the greenhouse each year. 4. All sales should cease and the structures should be removed by July 1 ~` each year. 5. the site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 6. Any storage and display of plant materials outside the greenhouses shall not extend beyond the width of the greenhouse itself, nor more than 15 feet from the end of the greenhouse wall. Additionally, any outside displays shall be contained within an enclosure such as a temporary fence. 7. Hours of operation shall be between 7:00 a.m. and 9:00 p.m. only. 8. The Conditional Use Permit previously issued for seasonal produce sales shall be revoked. CONDITIONAL USE PERMIT - PARKVIEW GOLF CLUB City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow the installation of a pylon sign ten feet in height to be located at 1310 Cliff Road. Senior Planner Ridley gave a staff report. Shane Korman, applicant was present and answered questions regarding the proposed sign and explained the need for the height of the signage. Mayor Awada stated that pylon signs aze for commercial areas and not generally approved in a residential area and she would not support approval of the request. Councilmember Fields suggested that the sign be lowered. 6 Eagan City Council Meeting Minutes June 4, 2002 Page 5 ~Rq FT Mayor Awada moved, Councihnember Bakken seconded a motion to duect the City Attomey to prepare Findings of Fact for denial of a Conditional Use Pemvt for the installation of a pylon sign 10 feet in height on property located at 1310 Cliff Road (Lot 1, Block 1, Parkview Golf Club Addition) in the NW '/, of Section 34. Aye: 4 Nay: 1 Carlson opposed. ORDINANCE AMENDMENT -CHAPTER 5, SECTION 5.02 OF THE EAGAN CITY CODE City Administrator Hedges discussed an ordinance amendment to Chapter 5, Section 5.02 of the Eagan City Code entitled Beer, Wine and Liquor Licensing and Regulation regarding Hearing Procedures and Civil Penalties. Councihnember Bakken moved, Councilmember Tilley seconded a motion to adopt an ordinance amendment to Chapter 5, Section 5.02, entitled Beer, Wine and Liquor Licensing and Regulation to clarify the hearing process and penalty provisions and to change the civil penalties for violations in the sale of alcoholic beverages. Aye: 5 Nay: 0 ORDINANCE AMENDMENT -CHAPTER 5, SECTION 5.81 OF THE EAGAN CITY CODE City Administrator Hedges discussed an ordinance amendment to Chapter 5, Section 5.81 entitled Beer, Wine and Liquor Licensing and Regulation regarding consumption and display license period. Councilmember Carlson moved, Councilmember Tilley seconded a motion to adopt an ordinance amendment to Chapter 5, Section 5.81, entitled Beer, Wine and Liquor Licensing and Regulation to place licenses on an April 1 through March 31 license year to coincide with the State's license year. Aye: 5 Nay: 0 REZONING AND PRELIMINARY PLANNED DEVELOPMENT, AND UTILITY EXTENSIONS GIFT OF MARY City Administrator Hedges introduced this item regarding a rezoning and preliminary planned development for a children's home and school on 35.5 acres located north of Highway 55 and south of Lone Oak Road adjacent to the Inver Grove Heights border. motion. Councilmember Tilley moved to table the issue due to lack of information. There was no second to the Senior Planner Ridley gave a staff report. Public Works Director Colbert discussed the proposed frontage road. He suggested an amendment be made to condition number 25 listed in the draft Advisory Planning Commission minutes to read as follows: 25. The developer shall be responsible for the construction of a frontage road, in accordance with City engineering standards and the Highway SS Access Management Plan, along the entire south edge of the development to terminate at the Inver Grove Heights border approximately 300 feet north of Highway SS. Mary Jo Copeland, applicant, make a brief statement and introduced her professional team, stating they will be making a presentation and answering questions of the Council. Attorney Walter Rockenstein gave an overview of the proposed planned development for a children's home and school. He stated that the applicant accepts the conditions as recommended by City staff. David Engleson, Cunningham Group Architects, discussed the site plan. He reviewed the floor plan and design elements for the homes. He also discussed the proposed school and community center, the trail system and play areas, and site parking. r ~• Eagan City Council Meeting Minutes June 4, 20x2 Page 6 RAFT Michelle Caron, RLK Kuusisto LTD, provided an engineering overview of the project which included access to roadways, traffic, site elevations, site drainage, trees and woodlands, and preservation of natural amenities. Mr. Rockenstein asked that the Council consider the extraordinary services that Mary Jo Copeland brings to the community and requested approval of the proposed project. Dick Copeland discussed Rule 8 group home licensing. He stated the facility will have the opportunity to review the background of each child and the discretion to decline acceptance. He further stated that they would not jeopardize the community by taking a child that would pose a risk and if needed, a child could be transferred to another facility that would better meet his needs. Mayor Awada opened the floor for public comment. She asked that each person limit their continents to two minutes. There were 83 people who spoke. Thirty-three stated opposition to the proposed project and 39 expressed their support. Others discussed issues they felt had not been addressed. Mayor Awada and staff addressed questions that were raised by the citizens who spoke, including airport noise, the opinion that the proposed site is too isolated, the facility being tax exempt, street width, and the wetland areas. Councihnember Bakken asked that the tree mitigation program be followed. Councihnember Carlson asked that a condition be added that there be no parking on one side of the 28 foot street. In response to other concerns raised, Dick Copeland stated there will be efforts to keep sibling groups together and the facility will be the home for children of various ages. He also reiterated that the facility will be privately owned, therefore discretion can be used in the acceptance of certain children. He also stated that the facility will serve as a resource for children who are not compatible in foster homes. Councihnember Tilley stated she would like to see the Copelands answer more questions of the public and asked Mr. and Mrs. Copeland why they had not attended the forum that had be held several months ago. Mrs. Copeland stated she thought the meeting would be negative and she did not wish to be ridiculed in a public meeting. Mr. Copeland stated he did not feel it was proper forum for them to attend. Councihnember Bakken asked if the intention is to build out 100% right away. Mr. Copeland stated that the project will be phased as the need for more homes becomes necessary. Councihnember Tilley asked if the Copelands would be comfortable in a different type forum to answer questions. Mr. Copeland stated they have agreed with all the conditions that the City is requesting and that the state licensing process will be very thorough. He stated that delaying the project would pose a hardship, as they wish to begin fund raising as soon as possible. Councihnember Bakken asked City Attorney Dougherty to address the request from a citizen that he abstain from voting due to his involvement with H.O.P.E. City Attorney Dougherty explained that Councilmember Bakken's vote on the proposal would not be a conflict of interest. Councihnember Fields moved, Councilmember Carlson seconded a motion to approve a Rezoning and Preliminary Planned Development (Gift of Mary) for a children's home and school on 35.5 acres located at north of Highway 55 and south of Lone Oak Road adjacent to the Inver Grove Heights border, in the NE'/. of Section 12, subject to the following conditions: 1. A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office and proof of recording provided to the City. 2. The property shall be platted. 3. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of fmal plat approval. .. Eagan City Council Meeting Minutes June 4, 2002 Page 7 RAFT 4. 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. 5. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easement 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. 6. 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. 7. 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. 8. 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. 9. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be submitted at the time of issuance of the first building permit, and shall not be released until one year after the date of City certified compliance. 10. If any improvements are to be installed under a City contract, the appropriate project must be approved and awarded by Council action prior to final plat approval. 11. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 12. The owner and applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to issuance of the first building permit. The following exhibits are necessary for the Final PD Agreement: • Final Site Plan • Final Building Elevations • Final Landscape/Tree Mitigation Plan • Final Site Lighting Plan • Final Signage Plan 13. This Planned Development is for a children's home and on-site school and community center. The Final Plans shall reflect no more than 20 new residence buildings and the schooUcommunity center building shall not exceed 95,000 square feet. 14. The school shall serve only on-side residents 15. Construction of the schooUcommunity center shall be completed prior to issuance of the fast certificate of occupancy for the new residences. 16. The term o this Planned Development shall be five years. 17. Any reuse or conversion of the property to a different use shall be required to obtain City approval through the Planned Development Amendment process. 18. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 19. Erosion control practices shall be properly installed and effectively maintained throughout the development process to prevent and min;mi~e soil loss and negative impacts to down- gradient resources and water quality. 20. The developer will be responsible for the construction of the storm sewer system from the new pond within the development to Pond GP-3. 21. Public improvement projects providing for the extension of public utilities on both Lone Oak Road and Highway SS shall be approved by the City Council prior to final plat approval for development of this site. 9 Eagan City Council Meeting Minutes June 4, 2002 Page 8 RAFT 22. The water main extended through the site between Highway 55 and Lone Oak Road should be constructed to City standards for public water main and drainage and utility easements shall be dedicated to the City. 23. All well and septic systems within the development shall be abandoned in accordance with City and County standards. 24. All existing houses proposed to remain within the development shall be connected to City sewer and water service at time of its availability. 25. The developer shall be responsible for the construction of a frontage road, in accordance with City engineering standards and the Highway 55 Access Management Plan, along the entire south edge of the development to terminate at the Inver Grove Heights border approximately 300 feet north of Highway 55. 26. The developer shall be responsible for the construction of the frontage road along Lone Oak Road within the site, in accordance with Dakota County standards. 27. Access to the circular drive around the residential portion of the development shall be modified and redesigned to allow sufficient maneuvering of emergency vehicles. the final deign is subject to review and approval by the Fire Marshall. 28. The circular drive shall be modified on the final plans to provide a minimum 28-foot width, an the final design shall be subject to review and acceptance by the Fire Marshal. 29. This development shall dedicate right-of--way for Lone Oak road in accordance with Dakota County requirements. 30. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. 31. This development shall meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 1.9 acre-feet covering an area of 0.6 acres. The stormwater treatment pond should be constructed according to NLJRP standards with a maximum depth of six (6) feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 32. Field verification of wetland delineations shall be conducted in May or June, before final acceptance of the delineation report. 33. The wetland replacement plan application shall be accepted and submitted, per WCA requirements, fora 30-day public review and scheduled for City Council decision no sooner than June 18, 2002. The wetland replacement plan must be approved by the City Council prior to Final Planned Development approval. 34. With the exception of the area adjacent to the constructed stormwater treatment pond, a minimum 30-foot wide buffer of natural„ undisturbed vegetation outside the boundary of the wetland shall be maintained before, during, and after construction. 35. A revised Tree Mitigation Plan shall be submitted prior to issuance of a grading permit, or with the application Final Planned Development, whichever occurs first, demonstrating compliance with the full mitigation requirements. 36. The application shall fulfill tree preservation mitigation through the installation of one hundred seventy-six (176) category B trees (or an equivalent combination of category A and/or category C trees and/or cash payment). Mitigation shall be provided in addition required landscaping. 37. Tree protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed 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. 38. The applicant 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. 39. This development shall be responsible for a full park dedication. The dedication shall be deferred and shall be collected if the land use changes in the future. 40. The developer shall be responsible for a cash trail dedication at the time of platting, payable prior to release of the final plat for recording. 41. The applicant shall submit plans showing a parking lot layout in the proof of parking area west of the schooUcommunity center. /0 Eagan City Council Meeting Minutes June 4, 2002 Page 9 ~RAFr 42. In the event that the proposed parking is inadequate for this use, the developer shall convert the proof of parking area (the west athletic field) to improved parking stalls. 43. Building setbacks shall not be less than 30 feet from the perimeter of the development site, including from the rights-of--way for the future frontage roads. Minimum setbacks between the residential structures shall not be less than 20 feet. 44. In addition to the combined Landscape and Tree Mitigation Plan, separate plans showing the mitigation and the landscaping shall also be submitted with the Final Planned Development. 45. Amore detailed Landscape and Mitigation Plan should be provided with the application for Final Planned Development. The Plan shall be signed by a registered landscape architect and shall include underlying grading contours and utilities, show plant quantities, and identify individual species graphically. The plan shall also include planting details and notes. Automatic irrigation shall be provided for all landscaped areas. 46. Details of the proposed signs should be required at the time of Final Planned Development. the monument signs shall be set back at least ten feet from all property lines, and the sign design must comply with the requirements in the City's Sign Code. 47. All requirements set forth in City Code Section 11.10, Subd. 24 shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. 48. Parking shall be limited to one side of the street in the northern portion of the site. Councilmember Fields stated she had looked at the issue from a land use standpoint and found it acceptable. Councihnember Carlson stated she felt a diversity of options for the care of children is the solution. She stated she had lived in the area of the proposed project and thought it was a wonderful area to live in and felt the proposed land use is consistent with the Comprehensive Guide. Councilmember Tilley stated she is still asking her colleagues to table the issue. She stated she would be forced to vote against the proposed project at this time due to a lack of information. Councihnember Bakken stated he had been a very public supporter of project. He stated that he agreed with Councihnember Carlson in that options need to be provided in the area of care far children. He stated his conscience was telling him to vote in favor of the project. Councihnember Carlson stated that in regard to Councilmember Tilley's concerns, the City would remain a part of the process and that a line of communication between Council, staff and the citizens would have to remain open. Mr. Copeland stated if anyone from the public has questions or concerns he would be happy to talk with them and make every effort to provide the requested information. Councilmember Bakken stated that the applicant had offered to work with staff to make a donation in lieu of taxes. He suggested that a review of what taxes would have been if the property had been developed as a residential area should be conducted. Councilmember Carlson noted that the project will be back before the Council for final approval and those type issues could be addressed at that time. Councilmember Tilley stated that the Communications Director could provide information regarding the progress of the project to the public via the City's website. Mayor Awada stated that her feelings regarding the proposed project have been known for quite sometime, in that she is in favor of approval. A vote was taken on the motion. Aye: 4 Nay: 1 (Councihnember Tilley opposed) Mayor Awada moved, Councihnember Bakken seconded a motion to receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 874 (Gift of Mary -Utility Extensions). Aye: 5 Nay: 0 ti // Eagan City Council Meeting Minutes June 4, 2002 Page 10 The meeting adjourned at 11:25 p.m. Date RAFT ADJOURNMENT 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. i~ MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL JUNE 4, 2002 6:00 P.M. The Eagan City Council held a Listening Session on June 4, 2002 at 6:00 p.m. There were no citizens present who wished to speak. Staff updated Council on various projects throughout the City. The meeting adjourned at 6:15. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy Clerk /3 DRgFT MINUTES OF A SPECIAL CITY COUNCIL WORKSHOP OF THE EAGAN CITY COUNCIL TUESDAY JUNE 4, 2002 CITY 5:00 P.M. Present: Mayor Awada, Councilmembers Bakken, Carlson, Fields, City Administrator Hedges, Director of Administrative Services VanOverbeke, Chief Financial Officer Pepper, Assistant City Administrator Verbrugge, and Intern to the City Administrator Lord I. ROLL CALL AND AGENDA ADOPTION Councilmember Fields moved, Councilmember Carson seconded a motion to approve the agenda. Aye: 3 Nay: 0 (Councilmembers Bakken and Tilley were not present) II. VISITORS TO BE HEARD Eagan resident, Doris Dahline, spoke to the Council regarding the road construction that will take place at the intersection of TH13 and Silver Bell Road. She asked that a memorial (e.g. bench or a tree with a memorial plaque) be erected in memory of Matthew Haugen at the location upon completion of the construction. The Council directed that such action be taken. III. DISCUSSION REGARDING PRELIMINIARY REDEVELOPMENT AGREMENTS FOR: • AMCON Construction • Interstate Partners • United Properties Per the direction of the City Council at the May 14 Special City Council workshop, Assistant City Administrator Verbrugge presented three preliminary development agreements for Council consideration-AMCON Construction, Interstate Partners, and United Properties. Greg Miller of Interstate Partners was present to answer questions. There was no public comment. The Council discussed the proposals and directed consideration of the preliminary redevelopment agreements to the Economic Development Authority. IV. DISCUSSION REGARDING COMMUNITY CENTER OPERATIONS The Council continued the item until the Council's Community Center operations subcommittee (Bakken and Carlson) comes back with a recommendation. Councilmember Carlson noted that the City did not receive any RFP's for Community iy Special City Council minutes June 4, 2002 Page 2 RAFT Center fitness providers. The Council directed staff to inquire with fitness center providers as to why RFP's were not submitted. V. 2001 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced Chief Financial Officer Pepper to present the 2001 Comprehensive Annual Financial Report (CAFR). Pepper introduced Matt Mayer of the accounting firm of Kem, DeWenter, and Viere, Ltd., who presented the 2001 CAFR to the City Council. The Council discussed the 2001 finances. Mayor Awada inquired, and the City Council directed staff to set aside funds in the 2003 budget to pay off the debt of the Central Park land. (Councihnember Bakken arrived) VI. OTHER BUSINESS There was no other business discussed. VII. ADJOURNMENT The City Council adjourned at S:lOPM and reconvened as the Economic Development Authority at S:11PM. VIII. ECONOMIC DEVELOPMENT AUTHORITY A. Approve Agenda Councilmember Fields moved, Councihnember Bakken seconded a motion to approve the agenda. Aye: 4 Nay: 0 B. Approve minutes Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the May 7, 2002 EDA minutes. Aye: 4 Nay: 0 C. Consider Preliminary Redevelopment Agreement-AMCON Construction Upon receiving a summary of the AMCON Construction proposal at the preceding Special City Council meeting, Mayor Awada asked for public comment. There being no public comment, Mayor Awada turned the discussion back to the Council. /S Special City Council minutes June 4, 2002 Page 3 RAFT Councilmember Fields moved, Councilmember Carlson seconded a motion to adopt a resolution approving a Preliminary Redevelopment Agreement with AMCON Construction. Aye: 4 Nay: 0 D. Consider Preliminary Redevelopment Agreement-Interstate Partners Upon receiving a summary of the Interstate Partners proposal at the preceding Special City Council meeting, Mayor Awada asked for public comment. There being no public comment, Mayor Awada turned the discussion back to the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to adopt a resolution approving a Preliminary Redevelopment Agreement with Interstate Partners. Aye: 4 Nay: 0 E. Consider Preliminary Redevelopment Agreement United Properties Upon receiving a summary of the United Properties proposal at the preceding Special City Council meeting, Mayor Awada asked for public comment. There being no public comment, Mayor Awada turned the discussion back to the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to adopt a resolution approving a Preliminary Redevelopment Agreement with United Properties. Aye: 4 Nay: 0 IX. ADJOURNMENT The meeting of the Economic Development Authority adjourned at 5:13PM. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, (TDD phone: 651-454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regazd to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. I6 Agenda Information Memo June 18, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Building Inspector- ACTION TO BE CONSIDERED: To approve the hiring of Thomas Miklya as a Building Inspector. Item 2. Utilities Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Lawrence Pierce as a utilities maintenance worker. Item 3. Ice Arena/Pool Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Michael Bauer as an ice arenaJpool maintenance worker. Item 4. Part-time Clerical Tech III/Community Development-- ACTION TO BE CONSIDERED: To approve the hiring of Susie Scott as a part-time Clerical Tech III in the Community Development Department. Item 5. Seasonal Park Workers--- ACTION TO BE CONSIDERED: To approve the hiring of Roy Prudencio, Daniel Bjerke and Andrew Koppang as seasonal park workers. Item 6. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Richard Sullivan, Brian Hopkins, Elizabeth Erkel, Adria Canyon and Danny Kriha as seasonal park maintenance workers. Item 7. Seasonal GIS/GPS Interns-- ACTION TO BE CONSIDERED: To approve the hiring of Nathaniel Dorff and Beth Guse as seasonal GIS/GPS Interns. 17 Agenda Information Memo June 18, 2002 Eagan City Council Meeting Item 8. Authorization to hire the Administrative Intern as Assistant to the City Administrator- ACTION TO BE CONSIDERED: To authorize the hiring of the Administrative Intern (Dianne Lord) as Assistant to the City Administrator. FACTS: • In lieu of hiring an intern in 2003, it is proposed that Administrative Intern Lord be retained in order to continue her work on special projects, perform assigned administrative duties, and assist with human resources functions. • Ms. Lord's transition would be similar to what the City did in hiring Administrative Specialist Hertel, and is typically a 2-4 year position. • Ms. Lord, who recently received her Master's Degree in Public Administration, continues to be amuch-needed and appreciated asset to the Administrative team. /8 Agenda Information Memo June 18, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 6, 2002 and June 13, 2002 as presented. ATTACHMENTS: ~ Check registers dated June 6, 2002 and June 13, 2002 are enclosed without page number. /9 AGENDA INFORMATION June 18, 2002 CONSENT AGENDA: ITEM D: 2002 - 2003 SERVICE STATION LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2002 - 2003 Service Station License renewals for the Cedarvale Texaco. FACTS: • The application for renewal has been reviewed by staff and deemed acceptable. ao AGENDA INFORMATION June 18, 2002 CONSENT AGENDA: ITEM E: 2002 Amusement Device License Renewals ACTION TO BE CONSIDERED: Approve 2002 Amusement Device License renewals for the following: Valley Lounge Mediterranean Cruise La Fonda's Piccolo's Wal-Mart Cherokee Sirloin Room Pizza N Pasta Diamond T Ranch Al Baker's Cub Foods FACTS: ~ All applications for renewal have been reviewed by staff and deemed acceptable. ai AGENDA INFORMATION June 18, 2002 CONSENT AGENDA: ITEM F: 2002 MASSAGE THERAPY ESTABLISHMENT LICENSE RENEWAL ACTION TO BE CONSIDERED: Approve 2002 Massage Therapy Establishment License Renewal for Cole's Salon. FACTS: • The application has been reviewed by staff and deemed acceptable. .•- ~a Agenda Information Memo June 18, 2002, Eagan City Council G. AUTHORIZE SOLICITATION OF BIDS FOR CITY TELEPHONE SYSTEM ACTION TO BE CONSIDERED: To authorize solicitation of bids for the City telephone system. FACTS: • The replacement of the City telephone system has been budgeted in the 2002 Equipment Revolving Fund. • Staff has been working with the consulting firrm, Elert & Associates, to develop the appropriate specifications to proceed with bidding the replacement system. • The City Attorney's Office has reviewed the document for compliance with ali regulations. • The current schedule is designed to avoid the City's busiest times and to install the equipment between the primary and general elections. ATTACHMENTS: Due to the length and technical nature of the document it is not included in the packet. If any member of the City Council would like additional information or a copy of the document, please contact the City Administrator's Office. ~3 Agenda Information Memo June 18, 2002 Eagan City Council Meeting H. APPROVE FINAL PAYMENT -COMMUNITY ROOM CONSTRUCTION CONTRACT ACTION TO BE CONSIDERED: To approve final payment of the Community Room Construction Contract. FACTS: • The City Council awarded the contract for the Community Room renovation to Construction Results on January 8, 2002. • The original contract award was in the amount of $82, 690. Previously approved change orders brought the total contract amount to $90,953. • The project architect and assistant city administrator have reviewed the final payment request, in the amount of $6,606.30. ATTACHMENT: • ~opy of the final pay application and remarks of the architect are attached on pages throughJ~. ~F 7300 WEST 147TH STREET SURE 504 APPLE VALLEY, MN 551247580 (952)431.4433 ~~~~~~ O~ ~~L~-VUV~UIIU~~LrZI~ Page No. 1 of 1 Pages TO: City of Eagan JOB NUMBER: 00009 DATE: June 4, 2002 3830 Pilot Knob Road ATTENTION: Jamie Verbrugge Eagan, MN 55122-1897 RE: Community Room WE ARE SENDING THE ENCLOSED VIA: UPS X MAIL COURIER _ Shop Drawings _ Prints _. Pay Request _ Specifications _ Copy of Letter _ Change Order _ Check COPIES DATE NUMBER DESCRIPTION 1 Pay Application #5 REMARKS: This is the final pay application from Construction Results. I have checked with Howard Favilla and found that the lighting and dimmer system has been completed and training done. There are two outstanding items, correct keys for storage and some poorly patched paint, which Construction Results is still working on. I recommend those minor items be considered warranty work which would allow for a full final payment. Please Cali if you have any questions. COPY TO: File SIGNED Ouinn S. 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N M er ^ 1- Z a~ Agenda Information Memo June 18, 2002 Eagan City Council Meeting I. DECLARE AIRPORT RELATIONS COMMISSION VACANCY ACTION TO BE CONSIDERED: To appoint Airport Relations Commission alternate Michael Cook to fill the remainder of a three-year term and declare the ARC alternate position vacant. FACTS: • The City Counci] appointed Michael Weller to a three-year term in January 2001. Commissioner Weller has not attended a commission meeting since late 2001. A letter to Commissioner Weller in early May requesting his interest to continue on the commission was unanswered. Other attempts to contact Mr. Weller have not been successful. • The Airport Relations Commission approved a motion at its meeting on June 11 recommending that the City Council appoint ARC Alternate Michael Cook to fill the remainder of Mr. Weller's three-year term and to declare the Alternate seat vacant. a$ Agenda Information Memo June 18, 2002 J. SCHEDULE MANDATORY HEARING REGARDING THE LIQUOR LICENSE FOR DAVANNI'S PIZZA ACTION TO BE CONSIDERED: To direct the City Clerk to schedule a mandatory hearing for Davanni's Pizza regarding liquor sales violations and to appoint the City Clerk as the hearing officer of the proceedings. FACTS: • The Eagan Police Department conducts regular compliance checks for underage liquor sales at licensed establishments throughout the year. Eagan City Code Chapter 5, Section 5.02, Subdivisions 4(G) and (I-1) identify the hearing procedure and related penalties for those establishments who fail compliance checks. • Since March of 1999, the Police Department has conducted ten compliance checks at Davanni's Pizza. Davanni's failed compliance checks on Mazch 22, 2000, September 5, 2000, November 16, 2001, and May 31, 2002, by serving alcohol to a minor. • According to Eagan City Code Chapter 5, Section 5.02, Subdivision 4(G), a hearing shall be mandatory in the event that the city clerk records three violations in one yeaz or four violations in a three-year period. The purpose of the hearing shall be to determine whether a violation has occurred and the penalty to be imposed. The ordinance also allows the City Council to conduct the hearing or appoint an independent hearing officer to conduct the hearing to determine whether a violation has occurred; however, in either case, the Council must determine the penalty. • Since Davanni's Pizza has met the criteria for a mandatory hearing, the first.step in the process is to schedule a hearing to determine if the aforementioned violations have occurred. Based on past precedent, the City Clerk will serve as the hearing officer unless the Council would prefer to conduct the hearing. If the Council desires to preside over the proceedings, this item should be pulled from the consent agenda for further discussion and action. • On June 19, 2001, the Council approved an ordinance amendment to Chapter 5, Section 5.02, Subdivision (H), which identifies the civil penalties for liquor sales violations. The ordinance states that, upon the third offense within a 24-month period, a civil penalty of $250 shall be imposed. Assuming that the hearing determines that the violations did occur, the City Council must determine the penalty to be imposed at a future Council meeting. State Statute and Eagan City Code give the Council the authority to revoke the license, suspend the license for up to 60 days, or impose upon the licensee a civil penalty up to $2,000 for each violation, or impose any combination thereof. • At the June 4, 2002 City Council meeting, the Council approved an ordinance amendment to Chapter 5, Section 5.02, Subdivisions G and H, clarifying the hearing language and increasing. the civil penalties. However, the latest round of compliance checks were conducted prior to the adoption of this ordinance amendment. ATTACHMENTS: • None a9 Agenda Information Memo June 18, 2002, Eagan City Council K. APPROVE CONNECTION CHARGE AGREEMENT PROWIRE. INC. ACTION TO BE CONSIDERED: To approve the connection chazge agreement with Prowire, Inc. FACTS: • At the regular City Council meeting held on December 18, 2001, a number of vaziances were approved for RJR Enterprises, Inc. to allow construction of a proposed 16,623 squaze foot multi-tenant office and warehouse building on Nichols Road north of Dif~ley Road. While the overall size of the parcel was adequate for this development, the shape and location of the site necessitated the variances due to the setback requirements from a state highway and public right of way. • Due to the unique circumstances of this parcel, the standard calculation of City connection charges resuhed in costs exceeding the real economic benefit of the development. • In acknowledgement of the unique circumstances, staff has been in discussions with the developer, Mr. Rocky Ranch to consider a different method of calculation of the connection charges, to provide some economic relief to allow the project to go forward. The agreed upon conclusion is to base the connection charges on a ratio of the site actually being used to the total site. • As a condition of entering into the agreement, staff has required that a recordable agreement be entered into stipulating that any building expansion or changes in the connections to the City's utility systems will trigger a review and additional connection charges. • The City Attorney's office has prepared the appropriate agreement which will be presented to the developer for signature. ATTACHMENTS: • The proposed agreement in enclosed on pages ~_ through ~. 3~ CONNECTION CHARGE AGREEMENT This agreement is made this day of , 2002 by and between Rocky Ranch and Joanne Ranch, Husband and Wife, (hereinafter "Landowner") and the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter " City's (hereinafter collectively referred to as the "Parties"). WHEREAS, Landowner is the fee owner of property located in the City of Eagan, County of Dakota, State of Minnesota and Legally described as: The Southeast Quarter of the Southwest Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota, EXCEPTING there from the following: The easterly 250 Feet of the southerly 225 feet of said Southeast Quarter of the Southwest Quarter; and that part lying Northerly and Westerly of Itiffi~TNESOTA DEPARTMENT OF RIGHT OF WAY PLAT 19-5, according to the recorded plat thereof, Dakota County, Minnesota. (hereinafter the "Property") The Property is identified for property taxes as Parce110-01900-010-54, and is being platted as: Lot 1, Block 1, Prowire Addition. WHEREAS, the City acknowledges that connection charges have been paid for 712.07 Feet of'Water Lateral, 60 Feet of Storm Sewer Lateral and Water Availability Charge on 2.25 Acres. WHEREAS, Landowner acknowledges that the City will require payment of additional connection charges at the time of any expansion of the of the proposed building (as shown on Exhibit "A", attached hereto) or upon any new or revised connections to the City's utility system. NOW, THEREFORE, in consideration of the recitals set forth above, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows: 1. Waiver of Objection: Landowner hereby waives it right to object to the collection of future connection charges, which may be imposed by the City upon the conditions set forth above. 2. Binding Effect: This agreement and waiver shall be binding upon and inure to the benefit of the Parties, their successors and assigns and shall run with the Properly. 31 CITY OF EAGAN By: Patricia E. Awada Its: Mayor By: Maria Karels Its: City Clerk Rocky Ranch Joanne Ranch STATE OF Iv1TNNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2002, by PATRICIA E. AWADA and MARIA KARELS, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation Notary Public STATE OF MINNESOTA ) ) Ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2002, by Rocky Ranch and Joanne Ranch, husband and wife. Notary Public THIS INSTRUIviENT DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 MGD/jlt (client: Eagan/Miscellaneflus/Agreements) 2 Agenda Information Memo June 18, 2002, Eagan City Council L. AUTHORIZE SOLICITAITON OF BIDS FOR INTERIOR LOW VOLTAGE VOICE AND DATA CABLING FOR THE NEW CITY OF EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: To authorize solicitation of bids for interior low voltage voice and data cabling for the new City of Eagan Community Center. FACTS: • To provide for installation of telephones and computer systems at the Community Center it is necessary to install the appropriate wiring during the construction of the facility. • Staff has been working with the consulting firm, Elert & Associates, to develop the appropriate specifications to proceed with bidding the installation of the cabling. • The City Attorney's Office is reviewing the document for compliance with all regulations. • The schedule for this installation is designed to be coordinated with the Community Center construction. • Financing for the cable installation is included in the Community Center construction budget. ATTACHMENTS: Due to the length and technical nature of the document it is not included in the packet. If any member of the City Council would like additional information or a copy of the document, please contact the City Administrator's Office. Agenda Information Memo June 18, 2002 M. CONTRACT 01-05, CEDAR GROVE ACCESS MODIFICATIONS ACTION TO BE CONSIDERED: Revise the bid opening for Contract O1-OS (Cedar Grove Access Modifications) to 10:30 a.m, June 27, 2002. FACTS: Contract O1-OS provides for the intersection modifications of Trunk Highway (TH) 13 and Silver Bell Road and Silver Bell Road, Cedarvale Boulevard and Beau D'Rue, including median improvements and a new traffic signal at this new intersection, associated utility improvements and streetscaping, all as part of the Cedaz Grove (Cedarvale) redevelopment efforts, and as outlined and discussed in the feasibility report (Project 800R). It also includes street improvements for Beau D'Rue Drive (Cedar Grove Parkway) and Silver Bell Road as outlined and discussed in the associated feasibility reports (Project 759R & 801). On May ?, 2002, the Council approved the plans and specifications under Contract O1-OS and authorized the advertisement for competitive bids to be held at 10:30 a.m. on June 13, 2002. Part of the improvements associated with Contract O1-OS impact TH 13, specifically the intersection of TH 13 and Silver Bell Road. With this impact upon a state highway, MnDOT staff must approve the plans to ensure compliance with state highway standards. The review by MnDOT was not completed in order to allow the approved bid opening schedule to be maintained. Municipal State Aid funds will be allocated to reimburse the Major Street Fund in order to pay for the construction of a portion of the proposed improvements. MnDOT approval of the plans is required prior to the bid opening in order to draw on the State Aid funds. City staff has communicated with the MnDOT staff to ensure the timely review and approval of said plans. MnDOT's approval of the plans is expected to occur to allow the revised bid opening and associated awazd of Contract Ol-OS by the City Council at the July 2 regulaz council meeting. ~+ Agenda Information Memo June 18, 2002 N. CONTRACT 02-13. EVERGREEN PARK (PONDS BP-15 & BP-16) JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Award the contract for Contract 02-13 (Evergreen ParklPonds BP-15 and BP-16 -July 2000 Storm Mitigation Improvements Area #5). 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. • 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 school board's approval of the necessary easements was granted on June 10, 2002. • All other easements have been acquired for the construction of the proposed improvements. • 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. ATTACHMENTS: • Bid Recommendation, page 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 I) Danner Inc. 2) Ceres Environmental Services Inc. 3) Carl Bolander & Sons Co. 4) Barbarossa & Sons, Inc. 5) Max Steineger, Inc. 6) Veit & Company, Inc. 7) Jay Brothers Proiect No. Base Bid $613,750.00 $705,632.40 $705,646.50 $719,920.00 $821,198.50 $885,325.50 $1,291,939.50 Low PDR % Engineer's Base Bi 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 5613,750 5491,000 +25% $642,265 -4.4% ~"Includes 535,000 for each backyard grading (3 homes) and pond maintenance - $44,000 (3 ' 535,000) + $44,000 = 5149,000) Proiect No. 831 Evergreen Park (Ponds BP-15, L 6) 838 River Hills -Maintenance Hilltop Pond -Maintenance Total Original Bid Low (Contract 01-14) Base Bid Ausust 2, 2001 Deviation $478,435 $478,615 78,065 76,855 57,250 58,445 5613,750 $613,915 -0.03 310 Agenda Information Memo June 18, 2002 Eagan City Council Meeting O. PROJECT 98-C. MARICE ADDITION ACKNOWLEDGE COMPLETION/ AUTHORIZE CITY MAINTENANCE ACTION TO BE CONSIDERED: To acknowledge the completion of Project 98-C (Marice Addition) and authorize perpetual City maintenance subject to warranty provisions. FACTS: Marice Addition (consisting of Sydney's Restaurant and Commons on Marice senior housing) was constructed on the east side of Pilot Knob Road, and south of Marice Drive. This development required the installation of concrete sidewalk, utility services, and storm sewer performed privately by the developer under the terms and conditions of the development contract agreement. The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. 37 Agenda Information Memo June 18, 2002 P. CONTRACT 01-04. CENTRAL PARKWAY STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 4 to Contract 01-04 (Central Parkway-Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract O 1-04 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 Pazkway on the east side of Pilot Knob Road. • The revisions detailed in Change Order No. 4 address changes in Project 790R (Central Parkway), Project 768 (Northwood Pazkway) and Project 803 (Community Center). • For Project 790R, the change order addresses the construction of a 12" raw water line under Central Parkway, potholing of an existing water main, lowering a 16" raw water line to avoid conflict with a sanitary sewer pipe and deducts a 27" storm sewer from the Contract. • The 12" raw water line construction is in anticipation of a future well site located south of Central Pazkway. Locating the existing water main is necessary to avoid conflict with an existing main. The lowering of the 16" raw water line is necessary to avoid conflict with the existing sanitazy sewer. The deletion of the 27" storm sewer will allow this portion of the storm sewer to be constructed under Contract 02-09 (Central Pazkway-Phase 2). • For Project 768, the change order addresses the cleazing and grubbing of trees for the proposed Northwood Parkway between High Site Drive and Marice Drive. • For Project 803, the change order addresses the grading necessary to prepare the boulevard azeas for the installation of the underground power line for the well site and the Community Center. It also attends to the materials necessary to construct and complete the storm sewer connection to City Pond CP-3 that could not be installed due to the delay of the platting of the necessary easements on the Duke Realty property. • Change Order No. 4 also revises the interim completion date for the finish grading, trail construction, turf establishment, signing and fmal clean-up a few weeks to July 19, 2002, and the final completion date for the project's bituminous wear course and pavement striping to October I5, 2002. • The costs of the related change order items aze all consistent with the bid prices for relevant bid items on this and other projects within the city. The time extension will permit the associated streetscaping to be completed prior to the placement of the final bituminous weaz course while ensuring the paving is completed in accordance with state specifications. • 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 $22,101.86 (l.0% of original contract) and an extended completion date for the bituminous wear course until October 15, 2002. The associated expenditure will be the responsibility of the City's Major Street Fund. ATTACHMENTS: • Change Order No. 4, pages ~ through. ~O SRF' SRF No. 0004008.0090 CITY OF EAGAN CONTRA CT NO.: O 1-04 CHANGE ORDER NO.: 4 PROJECT #: 790R/803 DATE: June 13, 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 Conununity 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 Section I -Project No. 790R (Central Parkway) This Change Order provides for the construction of a l2" raw water line under Central Parkway. It provides for the exploratory location of an existing water main and provides for lowering the 16" raw water line to avoid conflict with the existing sanitary sewer pipe. This Change Order also deducts the 27" storm sewer item from this Contract. Section II -Project No. 768 (Northwood Parkway) This Change Order provides for the clearing and grubbing of trees for the proposed Northwood Parkway between High Site Drive and Marice Drive. Section III -Project No. 803 (Community Center) This Change Order provides for the grading necessary to prepare the boulevard areas for the installation of the underground power line for the well site and the Community Center site. It also provides for the materials necessary to construct and complete the storm sewer connection to City Pond CP-3. Change Order No. 4 - 2 - June 13, 2002 Section IV -Project Nos. 790R & 803 (Central Parkway, Northwood Parkway and the Community Center) This Change Order consists of revising the interim completion date for the finish grading, trail construction, turf establishment, signing and final clean-up to July 19, 2002. It also revises the final completion date for the project's bituminous wear course and pavement striping to October 15, 2002. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER Section I -Project No. 790R (Central Parkway) T'he 12" raw water line construction is in anticipation of a future well site that may be located south of Central Parkway. Locating the existing water main is necessary to avoid conflict and rupture of the existing line that has not been located with standard locating procedures. The lowering of the 16" raw water line is necessary to avoid conflict with the existing sanitary sewer line. The deletion of the 27" storm sewer will allow this portion of the storm sewer to be constructed under the Central Parkway (Phase 2) project. Section II -Project No. 768 (Northwood Parkway) This Change Order provides for the cleazing and grubbing of trees for the proposed Northwood Parkway between High Site Drive and Marice Drive. Section III -Project No. 803 (Community Center) The boulevard grading is necessary to prepare the azea to ensure the proposed underground power line will be installed at the proper elevations. The materials for the proposed storm sewer are necessary to complete the storm sewer system to CP-3. These materials were delivered to the project site, but were unable to be installed due to the delay of the platting of the necessary easements on the Duke Realty property. Section IV -Project Nos. 790R & 803 (Central Parkway, Northwood Parkway and the Community Center) The change in the project completion date is necessary to allow for a reasonable amount of time to complete the required construction due to items of work being modifiedladded to the project. The change in the bituminous wear course completion date is necessary to allow completion of the turf establishment under the Central Parkway Streetscaping project (City Project No. 813). DESCRIPTION OF WORK ITEMS SEE ATTACHED 40 Change Order No. 4 CONTRACT STATUS Original Contract: Change Order No. 1: Change Order No. 2: Change Order No. 3: Change Order No. 4: June 30, 2002 June 30, 2002 June 30, 2002 October 15, 2002 Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders Revised Contract Percent Increase or Decrease of this Change Order to Original Contract Amount: Percent Increase or Decrease of Total of All Change Orders to Original Contract Amount RECOMMENDED FOR APPROVAL gy: ..~`L[cr~. ~ ~~`u'` /Date: SRF Consulting Group, I c. 1.0% 9.1% G-l3-vi June 13, 2002 AMOUNT $2,136,473.27 $ 45,131.25 $ 52,553.60 $ 75,310.00 $ 22,101.86 $ 172,994.85 $ 22,101.86 $ 195,096.71 $ 2,331,569.98 By: /Date: ~/3~o L C.S. cCrossan Construction, Inc. By: ~~ C`. /Date: ~ / I f ~o-z-- City Department Manage City of Eagan Council Action: Mayor Clerk Approval Date Attachment DISTRIBUTION 1 -City 2 -Contractor 1 -Engineer -3- TIME/COMPLETION DATE June 30, 2002 ~i Charge Order No. 4 Central Parkway. Norfnwood Parkway and Corrrnratiry Center PAGE 1 City of Eagan Dent: 8/122002 Project Nos, 7908 end 803 ITEM NO. ITEM DESCRIP710N UNIT ESTIMATED UNIT T TAL QUANTITIES PRICE AMOUNT Section I. Proiect No. 790R (Central Parkwavl 12" Raw Water Line Installation 2104.501 REMOVE CURB AND GUTTER LIN FT 112 S 4.00 S 448.00 2104.505 REMOVE BITUMINOUS PAVEMENT SO YD 195 S 2.00 S 390.00 2104.513 SAWING BR PAVEMENT ULL DEPTH LIN FT 140 S 4.00 S 560.00 2105.601 DEWATERING LUMP SUM 1 f 1000.00 S 1000.00 2211.501 AGGREGATE BASE CLASS 5 TON 36 S 12.00 S 426.00 2350.502 TYPE MV 3 NON WEARING COURSE MIXTURE TON 73 S 55.00 S 4.015.00 2504.602 12- BUTTERFLY VALVE AND BOX EACH 1 S 3,000.00 S 3,000.00 2504.602 CONNECT TD EXISTING WATER MAIN EACH 1 S 1,200.00 S 1,200.00 2504.603 12" WATERMAIN-DUCT IRON CL 52 LIN FT 100 S 60.00 S 6,000.00 2504608 WATERMAIN FITTINGS POUND 360 S 2.00 S 760.00 2531.501 CONCRETE CURB 6 GUTTER 8618 LIN FT 112 S 12.00 S 1,344.00 2563.601 TRAFFIC CONTROL LUMP SUM 1 S 500.00 S 500.00 SUBTOTAL -12" Raw Water Line Installation S 19,643.00 Water Main Locatin TIME AND EOUIPMENT LUMP SUM 1 S 697.86 S 897.86 SUBTOTAL -Water Main Locating f 897.86 Lower 16" Raw Water Line TIME AND EQUIPMENT LUMP SUM 1 S 651.95 S 651.95 SUBTOTAL -Lower 16" Raw Water Line i 651.95 Storm Sewer Deduction- Constructed under Phase 11 2503.541 2T RC PIPE SEWER DESIGN 3006 CL III LIN FT 426.1 S 39.50 f 16.830.95 SUBTOTAL -Storm Sewer Deduction- Constructed under Phsse 11 S (18,830.95) SUBTOTAL -Section I. Pro-ect No. 790R Central Parkway ; " 4,381.86 Section ll. Project No. 788 (Northwood Parkway) Clearin and Grubbin from Hi h Site Drive to Marice Drive 2101.501 CLEARING ACRE 1.40 S 3,200.00 S 4,480.00 2101.506 GRUBBING ACRE 1.40 S 1,600.00 S 2,240.00 SUBTOTAL -Clearing and tubbing S 6,720.00 SUBTOTAL -Section II. Pro ect No. 768 (Northwood Parkwa ; 8,720.00 Section III. Proiect No. 803 (Community Center) Gradin Pre aration for Xcel Power Line 2104 501 DOZER HOUR 3.5 S 120.00 S 420.00 SUBTOTAL -Grading Preparation for Xcel Power Line S 420.00 Storm Sewer (on Duke Weeks Pro ) 2503.541 30' RC PIPE SEWER DESIGN 3006 Cl III materials oral LIN FT 224 S 30.00 S 6,720.00 2503.541 36" RC PIPE SEWER DESIGN 3006 CL III materials oral LIN FT 32 S 4000 E 1,260.00 2501.515 36' RC PIPE APRON materials oral EACH 1 S 800.00 S 800.00 2506.501 CONST DRAINAGE STRUCTURE DES 463020 materials oral) LIN FT 9 S 200.00 S 1,800.00 SUBTOTAL -Storm Sewer,(on Duke Weeks Property) S 10,600.00 SUBTOTAL -Section lll. Proiect No. 803 Gommuni Center ~ ~ ; 11,020.00 NET TOTAL (Chan a Order 4) $ 22,101.86 ~a Agenda Information Memo June 18, 2002 Eagan City Council Meeting Q. AWARD CONTRACT 02-i5B - COMMITNITY CENTER SITE IMPROVEMENTS ACTION TO BE CONSIDERED: AWARD Contract for Central ParW Community Center site improvements to the recommended bidder and authorize the Mayor and City Clerk to execute all related documents pending follow-up memo to be sent with the Administrative Packet. FACTS: • Contract 02-15B provides for various improvements within the Central Park site, including parking lot, trail, ponding, and landscaping construction, as authorized by the City Council on March 6, 2001 with the approval of the Central Park Master Plan. • On May 21, 2002, Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract OZ-1 SB. • Results of the formal bid process and recommendations regarding contract award will be sent with the Administrative Packet on Monday, June 17, 2002. ATTACHMENTS: None Agenda Information Memo June 18, 2002 Eagan City Council Meeting Change Order number 3, Eagan Community Center ~• ACTION TO BE CONSIDERED: To approve change order number 3 in the amount of $51,779 for the contractors identified The following items have been reviewed by the construction manager, architect and staff and are recommended for approval. #1 PCO 1016 Change in the material supplied for fireproofing Contract #5 Ben's Tool and Iron in the amount of Add $650.00 #2 PCO 1025/1027 Two door revisions were made, providing for a double door into room 150B (Banquet) and a change to another door for code compliance Contract # 16 Glewwe Doors in the amount of Add $3,249.00 #3 PCO 1033 Change in the location of the dance floor and size which increased the amount of carpet while decreasing the amount of flooring changing: Contract # 22 Anderson Ladd ($3,945) Contract # 24 Resource Minnesota $1,285 Deduct $2,760.00 #4 PCO 1034 Change in the structural framing was required to include additional steel supports resulting in additions for the supplier and erector Contract # 4 Ben's Tool and Iron $5,259 Contract # 6 Hawk and Son's $6,800 Add $12,059.00 #5 PCO 1035 Modification to a structural column K Contract # 6 Hawk and Son's Add $590.00 #6 PCO 1041 Increase the thickness of the roof membrane from a 45 mil to 60 mil thickness. The heaver roof membrane provides for a fire rated surface and increased .protection from leakage Contract # 14 Schwickert's Add $10,500.00 #7 PCO 1042 Additional damp proofing was added to the building below grade Contract #12 Kraemer and Davis Add $ 5,820.00 44 #8 PCO 1048 Stone Modification were required to insure the window frames and door jams would fit flush with the stone, requiring block inserts Contract # 4 Hollenbck and Nelson Add $5,500.00 #9 PCO 1048 Structural reinforcement in the bride leading to the upper gym and entry level required additional steel and installation. Contract # 5 Bens Tool and Iron $2,965 Contract #6 Hawk and Sons $5,370 Add $8,335.00 #10 PCO 1050 Numerous structural modifications were deemed to be necessary. Contract # 5 Bens Tool and Iron Add $6,452 #11 PCO 1051 Shop drawing revisions were required as a result of changes to the structure and window openings resulting in substantial revisions to the once approved shop drawing. Contract # 11 Munuti -0gle Add $1,284.00 Nate: The total of the above revision amount to $51,779.00 and increase the construction costs to $7,628,976. Allowing for FFE, General Conditions, and Architectural and Construction Management fees, total project costs still provide for a remaining contingency of $309,741 and an uncommitted balance of $172,759 when combined with the bandshell portion of the project Agenda Information Memo Lune 18, 2002 Eagan City Council Meeting S. APPROVE CHANGE ORDER NUMBER 1, EAGAN WELL HOUSE NUMBER 20 /PARK PAVILION ACTION TO BE CONSIDERED: Approve change order number #1 to Ebert Constrnctian in the amount of $ 8,819.04 FACTS: • During the excavation for the building footing, the contractor exposed and removed an abandoned concrete communications conduit formally used by Unisys. This was not previously located on the bidding documents. Excavation, removal, backfilling and compaction $5,299 • Install electrical conduits for parking lot light controls. Photocell& timer in the amount of $1,401 • Install a 4" conduit from transformer pad to panel in storage room $464 • Complete installation of sanitary sewer service from service line into building. The construction documents reflected the sewer line at a location closer to the building then what was actually in the field, resulting in additional work by the contractor. $1,655 • All of the items were reviewed by the architect and appropriate engineering staff for pricing and appropriateness and are being recommended for approval. ATTACHMENTS: None 4~ AGENDA MEMO June 18, 20002 Consent Agenda. T. DIRECT STAFF TO REVIEW SIGN ORDINANCE REGARDING DEFINITION OF "GOVERNMENTAL SIGNAGE Information regarding this item will be sent out Monday ~~ Agenda Information Memo June 18, 2002, Eagan City Council Meeting U. ADOPT FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL -CONDITIONAL USE PERMIT (PARKVIEW GOLF CLUB) ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial of the Conditional Use Permit (Parkview Golf Club) located at 1310 Cliff Road (Lot 1, Block 1, Parkview Golf Club Addition) in the NW '/4 of Section 34. FACTS: • At its regular meeting of June 4, 2002, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Conditional Use Permit (Parkview Golf Club) by Shane Korman to be considered at the June 18, 2002, regular City Council meeting. ATTACHMENT: Findings of Fact, Conclusions & Resolution of Denial, page to BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Parkview Golf Club FINDINGS OF FACT, for a Conditional Use Permit CONCLUSIONS AND for a Pylon Sign RESOLUTION This matter came before the Eagan City Council at its meeting of June 4, 2002. The Council received and considered the May 23, 2002, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on May 28, 2002; evidence from the neighboring residents, together with all existing files, records and prior proceedings and material as presented to the Council. Shane Korman and Kirk VanBlaircom represented and appeared on behalf of Parkview Golf Club at the public hearing held by the Advisory Planning Commission and at the meeting of the City Council. Based upon all the files, records and input, which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The application by Parkview Golf Club (the "Applicant") for the Conditional Use Permit for a pylon sign on property located at 1310 Cliff Road in the City of Eagan, Parkview Golf Club, is properly brought before the Eagan City Council. 2. The Applicant is requesting to install a pylon sign that is ten feet (10') in height and 56 square feet in area. The sign is proposed to be located 11.5 feet from the property line of the Parkview Golf Club abutting Cliff Road. 3. The property is zoned Public Facility/Institutional and the current use on the subject property is the Parkview Golf Club golf course. ~~ 4. The site currently contains an identification sign that is seven feet or less in height. 5. Under the Eagan City Code, any sign in excess of seven feet (7') is deemed a "pylon sign" requiring a Conditional Use Permit. 6. The Applicant is proposing two panels for changeable letters into the pylon sign design. The Applicant proposes that the sign is illuminated externally by two lights located at grade and directed onto the pylon sign. 7. Pylon signs are for the purpose of promoting commercial or business uses, not public facility or institutional uses. CONCLUSIONS 1. A pylon sign, which is for commercial or business use, at the Parkview Golf Course would not be harmonious or compatible in appearance with the existing or intended character of the subject property or the general vicinity, which is residential. 2. The existing sign provides adequate identification for the use on the subject property. 3. A seven, or less, foot tall sign is more suitable for the subject property and the general vicinity. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for a Conditional Use Permit to allow for a pylon sign at 1310 Cliff Road (Lot 1, Block 1, Parkview Golf Club Addition) in the City of Eagan, County of Dakota, State of Minnesota, is hereby denied. SO Dated at Eagan, Minnesota this day of , 2002. CITY OF EAGAN By: Patricia E. Awada Its: Mayor By: Maria Karels Its: Deputy Clerk 51 Agenda Information Memo June 18, 2002 V. PROJECT 99-R, LEXINGTON POINTE 14~' ADDITION ACTION TO BE CONSIDERED: Acknowledge the completion of Contract 99-R (Lexington Pointe 14~' Addition -Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: Lexington Pointe 14~' Addition was constructed southeast of the intersection of Lexington Avenue (County Road 43) and Lexington Pointe Parkway. This development required the installation of sanitary sewer, water main, and storm sewer, as well as grading and new street construction, Jessica Court and a portion of Walnut Ridge Drive, which was all performed privately by the developer under the terms and conditions of the development contract agreement. The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. sa Agenda Information Memo June 18, 2002 W. PROJECT O1-E, OAKBROOKE 5~ ADDITION ACTION TO BE CONSIDERED: To authorize the time extension of the development agreement for Project O 1-E (Oakbrooke Sm Addition -Street & Utility Improvements) to June 15, 2003. FACTS: • Oakbrooke 5~' Addition is being constructed along both sides of Johnny Cake Ridge Road, on the south side of Deerwood Drive. Streets included within the development are Johnny Cake Ridge Court, Johnny Cake Ridge Alcove and abump-out of Johnny Cake Ridge Road. This development required the installation of sanitary sewer, water main, and storm sewer, as well as the aforementioned street improvements, which is all being performed privately by the developer under the terms and conditions of the development contract agreement. • A representative of the developer, Jim Baruth, Land Manager for Pulte Homes, is requesting a time extension for the completion of the final bituminous weaz course on Johnny Cake Ridge Court and the bump-out of Johnny Cake Ridge Road. The request would allow the paving of the weaz course to occur after the construction of the houses on those streets and the associated construction traffic. • The time extension request has been reviewed by representatives of the Public Works Department and found to be in order for favorable Council action. ATTACHMENTS: • Letter from Developer, page ~. ~3 ~ilte: June 5, 2002 Mr. Stan Lexvold City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Oakbrooke 5`b Paving Dear Stan: ~~~F~v~~ ru~i'{ Pulte Homes would like to delay the final wear surface on Johnny Cake Ridge Court and Johnny Cake Ridge (cul de sac) (see attached plat map) for one year. This is due to the fact that a portion of Oakbrooke 5`h Patio Homes (West of Johnny Cake Ridge Road) has not started construction. The construction will start this summer and there will be a lot of activity in these areas and I am afraid the wear surface will become damaged. Our intent is to provide the best product we can for our buyers. I feel we can do that by paving after most of the construction activities are completed prior to the asphalt wear surface installation. Your anticipated cooperation will be greatly appreciated. Please review this with your staff and advise. Sincer , ~!' ` l Jim Baruth Land Manager E~ca~ =e:o[; ~~ Agenda Information Memo June 18, 2002 Eagan City Council Meeting ~C • APPROVAL OF VOLUNTEER POLICE SERVICES AGREEMENT ACTION TO BE CONSIDERED: To approve the agreement for Eagan Police Officers to assist the Chaska Police Department on a volunteer basis for the PGA Championship Golf Tournament. FACTS: • The City of Chaska is hosting the PGA Championship Golf Tournament and related activities from August 9, 2002 to August 18, 2002. • The Chaska Police Department has requested the assistance of the Eagan Police Department to help provide police services during the event. • The City of Chaska has proposed an agreement for such services that provides that: • Eagan police officers will provide assistance on a volunteer basis, with no compensation from the City of Eagan. • The City of Chaska will provide workers' compensation insurance for Eagan officers providing volunteer assistance. • The City of Chaska will defend and indemnify the City of Eagan against claims arising from the performance and provision of assistance under the agreement. • The City Attorney has reviewed the agreement and has no objections to any provisions. ATTACHMENTS: • Proposed agreement attached on pages ~ through ~. VOLUNTEER POLICE SERVICES AGREEMENT 2002 PGA CHAMPIONSHIP -AUGUST 9 -18, 2002 AGREEMENT made this 18th day of June 2002, by and between the CITY OF Eagan, a Minnesota municipal corporation and the CITY OF CHASKA, a Minnesota municipal corporation (hereinafter "Chaska"); WHEREAS, the 2002 PGA Championship Golf Toumament ("Toumament') and related activities will be held within the corporate limits of the City of Chaska from August 9, 2002 through August 18, 2002; and WHEREAS, the Chaska Police Department has requested that the City of Eagan assist with policing services and other related activities at the Toumament; and WHEREAS, the City of Chaska has requested, and the City of Eagan as agreed, that City of Eagan police officers may assist the Chaska Police Department on a volunteer basis during the Tournament; WHEREAS, it is in the best interest of the Cities of Chaska and Eagan to enter into this agreement in the interest of public health, safety, and welfare. NOW, THEREFORE, the parties agree as follows: 1. PURPOSE. As requested by the City of Chaska, the City of Eagan will, on a volunteer basis, provide policing services at the 2002 PGA Championship and other related activities on August 9 - 18, 2002 in the City of Chaska. 2. VOLUNTEER STATUS OF EAGAN OFFICERS. The City of Eagan will authorize its officers to volunteer their services to the Chaska Police Department during off-duty time with the City of Eagan. Eagan officers will receive no compensation from the City of Eagan for volunteer service during the Tournament. 3. COMMAND OF SCENE. The City of Chaska shall be in command of the scene and will make and issue duty assignments. When appropriate and practical, Chaska officers, at the request of City of Eagan officers, will handle the citing and arrests of persons, as circumstances require. 4. INSURANCE. The City of Chaska shall provide workers' compensation insurance coverage for the City of Eagan police officers while any such Eagan police officer is providing volunteer assistance pursuant to this Agreement. ,~ MDT-213591 v 1 ~~ CH145-1 5. DAMAGE TO EQUIPMENT. INJURY AND DEATH. The City of Chaska shall be responsible for injuries or death to its personnel or damage to its equipment during the Tournament. 6. LIABILITY AND INDEMNIFICATION. a. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466) only, the employees and officers of the City of Eagan are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the City of Chaska. b. The City of Chaska agrees to defend and indemnify the City of Eagan against any claims brought or actions filed against the City of Eagan or any officer, employee, or volunteer of the City of Eagan for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance pursuant to this agreement. c. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 7. SEVERABILITY. If any portion of this agreement is found to be illegal, that portion of the agreement shall be severed and the remainder of the agreement shall remain in full force. 8. AMENDMENT. This agreement may only be amended in writing by agreement by both parties. THE CITY OF EAGAN By: Its: Attest: City Clerk THE CITY OF CHASKA By: Its: L:1LukeWGMllVolunteer Police Services•Agreementdoc MDT-213591v1 2 CH145-1 5 Agenda Information Memo June 18, 2002 City Council Meeting Y. Approve contract agreement to be used for community center rental space FOR COUNCIL ACTION: To approve or deny the proposed contract agreement to be used for community center rental space. FACTS: ^ The City Council previously reviewed and approved the rate structure for the Community Center banquet room on January 17, 2002. ^ Several wedding reception dates have been reserved in 2003 and need to be finalized with a contract. ^ A draft contract was given to the City Attorney's office for review and comment. ^ The Mayor and City Clerk are the only people authorized to sign a contract on behalf of the City. This would require each rental application to come before the City Council under the Consent Agenda for approval. ^ The City Attorney's office has indicated that if the City Council approves the content of the rental contract agreement that will be used, a representative of the Community Center can sign the contract without individual approval by the City Council. CONCERNS: None ATTACHMENTS: Copy of Application and Rental Agreement. ~q w ~D `" ~ EAGAN COMMUNITY CENTER APPLICATION AND _ Eagan Parks and Recreation " ~"~'; 3830 Pilot Knob Road • Eagan, MN 55122 RENTAL AGREEMENT 651-681-4660 EVENT DATE: RENTAL FEE: rcarv t arc rrvra/rcmw a a~rv: tptease pnnrortype) Name/Organization: Mailing Address: City/State: Zip: Contact Person: Home Phone: Business Phone: E-mail: EVENT INFORMATION: Nature of Use: Estimated Attendance Rooms or areas requested for use: The Oaks ^ Central Oaks ^ Outdoor Patio (additional fee) ^ Exclusive use ^ North Oaks ^ South Oaks ^ Other ^ Non-Exclusive use ^ RENTAL HOURS: Time of Use: AM PM to AM PM (no later than 12:30 AM) EVENT CONCLUSION: All bands and audio equipment must stop playing at 12:00 AM to wmply with the 12:30 AM closing time. All caterers, bands, guests, etc, must be otf the premises by 1:00 AM unless previously arranged and stated in the contract. The Renter shall be charged in hourly increments of 5200 for any unauthorized use of the building after 1:00 AM. RENTAL F tE5 tk StGUKI 1 Y/ UAMAGt. UEYVt51 f Application Fee: S Due upon application Balance of Rental Fee: 5 Due two weeks before event Total Fee: $ 1. Atl fees are non-refundable 2. Renter shall also pay to the ECC S as a damagdsecurity deposit to be used to reimburse the ECC for any and all costs maned by the ECC for repairs to or maintenance or clwning of the ECC necessitated by Renter's use. The damagdsecurity deposit shall be paid to the ECC no later than (30 days prior to the Date of Use). The ECC shall refund the damagdsecurity deposit to the Rrnler within three (3) weeks after the Data of Use along with a wrinen stuement of the amounts deducted from the damagdsecurity deposi4 if any, end tht reasons thereof. CATERING Does Renter intend to serve food at this event? No ^ Yes ^ Name of Caterer: Caterer is responsible for providing linens, tablecloths, napkins, skirting, china, flatware and glassware. ',LCOHOLIC BEVERAGES Does Renter intend to serve and/or consume alcoholic beverages? No ^ Yes ^ I . Renter must use Eagan Community Center's designated beverage service. 2. Serving of alcoholic beverages must case no later than 12:00 AM and all consumptlon must case no Inter then 12:15 AM to comply with the 12:30 AM closing time. UNDERSTANDING I. Renter understands that this Application is void if not received with payment by 2. Renter understands and agrees that this is only an application for use and giver no assumed or implied rights for use until this application is approved by the ECC. 3. Renter agrees that the ECC may deny the Application without cause or reason. 4. By signing below, Renter aflirtns that he/she has read and understands this Agreement and all fhe Rental Rules and Regulations printed on the back of this form, and agrees to fully comply with the terms and conditions of this Agreement if the ECC approves this application. For the ECC (Eagan Community Center) For The Renter Title Address Date Date POR OFFICE USE ONLY Date Received Application Approved ^ Disapproved ^ Staff SigneNrc Application Fee Received Confirmation Mailed Deposit Returned ~~ Draft EAGAN COMMUNITY CENTER a-8~2 3-36.82 6.14-02 BANQUET RENTAL RULES AND REGULATIONS The Eagan Community Center enforces the following rules and regulations with respect to private rentals of the ECC. Please read them carefully 1. DEFINITIONS a. EXCLUSIVE USE means rental of designated room(s) during public hours but does not include the common area of the Eagan Community Center (hereinafter called ECC) as a whole. b. NON-EXCLUSIVE USE means rental of designated areas of the ECC and/or Central Park during public hours as determined by ECC staff. c. Renter understands that rentals during public hours may be affected by sound from other park activities. The ECC reserves the right to substitute another room. 2. RENTAL FEES, SECURTTY/DAMAGE DEPOSIT All rental fees that apply will be stated on the Rental Agreement and are to be paid to the ECC. All fees are non- refundable, with the exception of the security/damage deposit as identified on the Rental Agreement. 3. APPLICATION FEE An application fee must be paid at the time Renter submits this application to the ECC. The ECC will not accept an application for use unless the application fee has been paid. Once the rental agreement is signed by the ECC, the application fee is not refundable. 4. ECC RESERVES RIGHT TO CANCEL AGREEMENT The ECC reserves the right to cancel this Agreement up to 48 hours prior to the Date of Use, or at any time when a state of emergency is declared by the City of Eagan or unsafe environmental conditions exist in the opinion of the ECC, or if utility services are interrupted. In such an event, Renter agrees that the ECC shall have no responsibility or liability for any disruption or damages or loss that Renter may suffer or incur due to such cancellation. The ECC will attempt to notify Renter as soon as possible if such cancellation occurs. All fees paid to the ECC shall be refunded to the Renter if this Agreement is canceled pursuant to this paragraph. 5. USE OF ECC The Renter shall abide by the following rules with regard to the use of the ECC: a. Renter understands and agrees that fees paid by Renter are non-refundable. b. This Application may not be assigned or hansferred. Renter may not sublet the ECC premises. c. EAGAN COMMUNITY CENTER IS A SMOKE-FREE BUILDING AND THE USE OF TOBACCO PRODUCTS OF ANY KINDARE PROHIBITED THROUGHOUT THE BUILDING. d. Disorderly conduct is prohibited and punishable by ejecting disorderly persons from the ECC. The Renter shall be solely responsible for supervising the conduct of the members of its group. e. The Renter shall only use those rooms and/or areas stated on this Application. E. The Renter shall leave the room(s) andJor area(s) used in a clean, orderly fashion, including replacing items that were removed. g. The Renter shall organize its activities to conclude at the time stated on this Application. h. The Renter assumes full responsibility for any damage caused or unlawful act committed in connection with the Renter's use of the ECC. i. Activities and events sponsored by individual, agencies, organizations or groups shall not discriminate contrary to laws of the State of Minnesota, and, without limitation, shall not discriminate against any person on the basis of sex, race, creed, religion, color, national origin, age, marital status, economic status or disability. j. Gambling of any nature is prohibited. k. Sound levels for bands and audio equipment will be required to be controlled and maintained at a level set by ECC management. All music will cease at 12:30 a.m. All visitors must be out of the building by 1:00 a.m. 1. Decorations may be put in by the Renter with prior approval by park management and must be removed by the time indicated on the Agreement as the Rental Ending Time. Installation shall not inconvenience any other group. Unless otherwise authorized in writing, the area to be used by Renter shall be available for set-up no more than 1 hour prior to the time indicated on the Agreement as the Rental Starting Time. Any suppliesJequipment brought in by a separate vendor must be removed before 10:00 a.m. on the day following the day of the rental. Prior arrangements need to be made with ECC staff. The ECC is not responsible for items left on site. m. No confetti, streamers, birdseed, rice, etc. allowed inside the ECC or outside in Central Park. n. Any ceiling mounted decorations must be approved by ECC staff and installed by a bonded and licensed company. o. Unless otherwise authorized, candle use of any kind is prohibited. i. ALCOHOL Alcohol may be served and consumed within the ECC under the following rnnditions: a. All beverages must be consumed an the premises. b. Alcohol must be served and consumed only within the areas of the ECC designated by ECC staff for such service and consumption c. Alcohol consumption shall cease at the conclusion of the activity or event (12:30 p.m.). Service of alcohol must cease at least 30 minutes before consumption must cease (12:00 midnight). d. Renter shall use ECUs designated beverage service only. '. CATERING a. Renter shall use one of ECUs three (3) designated catering services. b. All food must be brought in prepared and ready to serve by an approved caterer. ECUs kitchen is a catering kitchen only. No cooking may be done on the premises. c. All wedding cakes and bakery goods must be brought in from a licensed bakery. Y- Agenda Information Memo June 18, 2002 Eagan City Council Meeting Z. ACKNOWLEDGE SAM'S CLUB OFF-STREET PARKING REVIEW -CITY OF EAGAN ACTION TO BE CONSIDERED: To acknowledge review and determination that there is no need for Sam's Club to provide additional off-street parking. FACTS: - On June 5, 2001, the City approved a Planned Development Amendment for Sam's Club to add a liquor store. - Parking at the Sam's Club site was a little short based on City Code, and the addition of more building square footage for the liquor store with a net decrease in available parking resulted in a further shortfall of the parking provided for this site. - One of the conditions of the PD Amendment was that the City would review the parking situation at Sam's Club by June 2002, and determine whether additional parking needed to be installed. - City staff conducted inspections of the site at various times during the week in the last few months and found no deficiencies with the off-street parking provided. - Consequently, there appears to be no need for the installation of additional parking at Sam's Club. ATTACHMENTS: (1) Staff memo on page LD ~ . st r ~.s. city of eagan MEMORANDUM TO: Mike Ridley, Senior Planner FROM: Pamela Dudziak, Planner DATE: June 14, 2002 RE: Sam's Club Parking Review On June 5, 2001, the City approved a Planned Development Amendment for Sam's Club to add a liquor store. Parking at the Sam's Club site was a little short based on City Code, and the addition of more building square footage for the liquor store with a net decrease in available parking resulted in a further shortfall of the parking provided for this site. One of the conditions of the PD Amendment was that the City would review the parking situation at Sam's Club by June 2002, and determine whether additional parking needed to be installed. The PD Amendment Agreement states " ...the City will conduct an inspection to determine the adequacy ofparking on the Property. If the Ciry Council determines during that one year review and prior to June 30, 2002, that it is reasonably warranted, the Owner shall construct additional parking stalls prior to November 2, 2002.... " The store opened in the fall of 2001, and had been operating for several months when the inspections began. City staff conducted inspections of the site at various times during the week in the last few months. One inspection was on a weekday morning, one on a Saturday afternoon, and one on a weekday evening. To date, we have not observed any functional parking shortage on the site. Of the occasions we inspected the site, the store appeared to be most busy on the Saturday afternoon, and at that time the lot was approximately 2!3 to 3/4 full. Consequently, there appears to be no need for the installation of additional parking at Sam's Club. ~00~ Agenda Information Memo June 18, 2002, Eagan City Council Meeting IV. PUBLIC HEARINGS A. VARIANCE -CHARLES BRAGG (1899 SUNRISE COURT) ACTION TO BE CONSIDERED: To approve a 1 S foot Variance from the required 30 foot front yard setback for the construction of a Iiving space addition to an existing single family dwelling on property located at 1899 Sunrise Court (Lot 11, Block 4, Suncliff ls` Addition) in the NW'/< of Section 29. FACTS: • The applicant would like to construct an addition that is approximately 575 square feet in area on the side and front of an existing single family dwelling. • The subject site is a corner lot, which abuts Sunrise Court and Sunrise Road. • The property is part of the Eagan Hills West Planned Development. • In 1984, the City approved front yard setback Variances for eight comer lots in the Suncliff 15i Addition to allow homes to be built. A specific Variance distance was not noted in the City Council minutes. • The existing home is 24 feet from the property line abutting Sunrise Road and 30 feet from Sunrise Court. • The addition is proposed to be 15 feet from the property line abutting Sunrise Road and 30 feet from the property line abutting Sunrise Court. • The proposed addition appears to blend with the style of the home. • The applicant's narrative indicates that the purpose of the addition is to expand the living room, dining area, and basement. ISSUE: The property was already given relief from minimum bulk standards before the existing home was constructed. It appears that this property owner will be given more relief than others within the Planned Development without a demonstrated difficulty. ATTACHMENT (1): Planning staff report, pages ~ through 63 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 14, 2002 APPLICANT: Charles Bragg PROPERTY OWNER: Same CASE: 29-VA-08-OS-02 HEARING DATE: June 18, 2002 PREPARED BY: Cynthia R. Kirchoff REQUEST: Variance LOCATION: 1899 Sunrise Court (Lot 11, Block 4, Suncliff 1S` Addition) COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST Charles Bragg is requesting a 15 foot Variance from the required 30 foot front yard setback for the construction of a living space addition on property located at 1899 Sunrise Court (Lot 11, Block 4, Sun Cliff 1S` Addition) in the NW `/4 of Section 29. 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: 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 hazdship or difficulty. ~y Planning Report -Bragg Variance June 14, 2002 Page 2 PLANNED DEVELOPMENT STANDARDS The subject property is part of the Eagan Hills West Planned Development (PD). Within this PD, "setbacks along public streets, except major thoroughfares, shall be at least thirty (30) feet from the abutting right-of--way line except where topography or the location of existing trees require a lesser setback, in which case the setback may be reduced upon written authorization of the Building Inspector to twenty (20) feet. Any additional setback of less than twenty (20) feet shall require the approval of the Eagan City Council." On June 5, 1984, the City Council approved front yard setback Variances for eight corner lots within Suncliff 15` Addition. The specific Variance distance was not noted in the minutes. BACKGROUND/HISTORY The subject property was platted with the Suncliff ls` Addition, which was approved in 1983. In 1984, the existing single family dwelling with attached two-stall garage was constructed. On the survey on file at the City, the house was placed 24 feet from the property line abutting Sunrise Road and 30 feet from Sunrise Court. The encroachment into the required 30 foot setback was permitted with the blanket Variance granted for corner lots within the subdivision in 1984. In January 2002, a building permit was inadvertently issued for the proposed house addition, which is proposed 15 feet from the property line abutting Sunrise Road. EVALUATION OF REQUEST Proposal - The applicant is requesting a front yard setback Variance to allow for the construction of living space addition, which is approximately 575 square feet in area, to an existing single family dwelling 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 from the property line abutting Sunrise Road is 15 feet. The proposed addition and existing dwelling appear to comply with the maximum 20 percent building coverage. Staff calculated the building coverage at 19.9 percent. Also, the addition complies with the minimum 30 foot ~s Planning Report -Bragg Variance June 14, 2002 Page 3 setback from the property line abutting Sunrise Court. Elevation plans indicate 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. The Sun Cliff development encompasses 188 single family lots and 43 duplex 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 10,803 square feet in area and 93 feet in width at the 30 foot setback. (Note: The lot width at the rear of the house is 74 feet.) The Zoning Ordinance states that relief maybe granted provided 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. There are numerous corner lots in Eagan, so this site is not unique. In addition, the lots within this subdivision were platted smaller than the R-1 minimum lot area, thus homes should be smaller to be proportionate. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but maybe inconsistent with the intent of the Planned Development and the previous Variance granted in 1984. The purpose of the Variance was to allow various houses plans on corner lots. The property owner received the relief to construct the existing single family dwelling. Since the request is to exceed this minimum bulk standard, it appears to be contrary to the intent of the Variance. 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 living space 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 property was already given relief from minimum bulk standards before the existing home was constructed. It appears that this property owner will be given more relief than others within the Planned Development without a demonstrated difficulty. The living space would only be set back 15 feet from the property line adjacent to Sunrise Road. According to surveys on file at the City for the other seven lots that received a Variance, the shortest front yard setback is 21 feet. Two homes were built at the 30 foot setback. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative indicates that the purpose of the addition is to expand the living room, dining area, and basement. 66 Planning Report -Bragg Variance June 14, 2002 Page 4 SUMMARY/CONCLUSION The applicant is requesting a front yard setback Variance for the construction of a living room, dining area, and basement addition. A single family dwelling with atwo-stall gazage is present on the site. The condition upon which the variance appears to be based is applicable to other properties within the PD. This property does not seem to exhibit a unique or special feature that would require or warrant additional relief from a City ordinance. Furthermore, relief from the Zoning Ordinance was already granted to the property to allow the existing home to be constructed. 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 15 foot Variance from the required 30 foot front yard setback for the construction of a garage addition on property located at 1899 Sunrise Court (Lot 11, Block 4, Sun Cliff 1S` Addition) and in the NW'/4 of Section 29. 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 addition shall match those on the principal structure. 3. The addition shall comply with all applicable provisions of the Zoning Ordinance. 67 O Eagan BmrWary Location Map ~P~~~'n. Bulldlny Footprint q ~ t ~'~ ~ ' o u .~ ~ _ S o ~ ~ ~ ~ ~ d ] ,~ ., ~ ~ j .~ ~ :7 ~ . > o ~ Y t. ~ ~ ~ o ~ ~~~ J 7 ~ ~• ` ®,_,_ 1 ` age- -~• ';~ ~ `~' J ' ~ ~ ~~ f7 ~ ~ ^~® ~ ® o J ~ D ~ 3 } ~ m 0 3 ~ - '; ~ ~ ' Subject Site ,, - , o ~ ~, a • ~ • w :~ ,~ rJ j Z O a 7 z 3 3 _~ • ©~ '~ ~ r' ? r ~"` a ~ 7 9 :~ 11 ~ w w~ '~~ ~ ~ .~y} and '.:. T ~ . r~^ t _ ~ C .«M~ °..."'..w. a ~ ~ ~ t Af ~ ~ a ~ ~ l '~ My - S - ~1 .~ ~ h j ~ 3 /~ ` ~ _ _ J ~ '~~ 'I ~ _ ~ k ~ ~ ~ a o ~ ~ , <i A 1000 0 t000 2000 feet DevelopmentlDeveloper•. Charles H. Bragg Application: Variance Case No.: 29-VA-08-05-0 6 Q Cit f E Map Pnpand using Viaw 7.1. PaRal wa. nup aaM provid.d ey Dakota County Land SurVay o.panmaM and is currant a. of March 2002. THIS MAP IS INTENDED fOR REFERENCE YSE ONLY Y w E agan y o y r v ; c a Tho City of Eagan and Oakota County do not ywrantoo tha accuracy of this Itrfwmatlon and an S t:or.rrmr.aty Darwor+rranl DM.rtrr~nt not nsponsibla for onon or omisalons. . .~ k "~ ~ ~ ~~/~~• • ~Q C. R. WIN~EN ~ ASSOCIATES, INC. ~J IANO SutvErOtS t~ t~0.3~s~ I~AI EUSTIS S?.~ ST, 1AlJl, MINK, iflOi FOR: GRAND OAKS DEVELOPMENT COMPANY NOTE: -- ---` o Denotes Wooden Stake ~~9~ Proposed Garage Floor El. 895.03 ~ (896 7) Denotes Proposed ~J. ti Finisr ed Ground E1. ~-"~ `P ~ 0~2 fi- T)enotes Direction ~ ~9) 2~., Of Surface Drainage ~0~ ~ yf- Vertical Datum = N.G.V.D. 1929 ~ ~ // O ^ / ~ ~ O ~ti~i, ~ 15' SETBACK _ ~- Scale: 1" = 30' ~.~ ~ •.~ ~ 4 O Denotes Iron V 2v,. _ I ~ Monument -. / 9p ~~ • `q ~~ h'o °~ `~ ~ C ~,, ~ ~ ~ , ~' ~ ~ . r c, ~' 6 ~ ~ o Sr'SO~;~ O \ \ . (O ~ Q ~ ~ ~ y s, s4 s . --~ 1 ~~ a:2~o~ , 3 R: ~q62 8 ~892.s9~ C~ Z v~r . Lot 11, Block 4, SL'N CLIFF FIRST ADDITION, Dakota County, Minnesota. PROPOSED ADDITION WE •.MERER~ CERTIfY THAT THIS IS A TRUE AND CORRECT RE/RESENTATION Of A SURVEY OF THE BOUNDARIES Of THE IAND A~OvE OESCR16E0 AND Oi THE IOCATiON Of All ~UIIDINGS, If ANY, THEREON, AND +All VIS1~lE ENCROACHMENTS, If ANY, fROM OR ON SA10 LANO Oer.d rti~~~dor e1 ~P~~M~e~ A D 1984 C• R. WINOEN i ASSOCIATES, INC. ^ ~. ~~ ' r ~ . •1 :,,,..,e,. M,~~...re R..,.r..r,.~ SITE PLAN au.+c ••l •+v~slods.aa' ~f 1M/ 70/l]A YtAO~ 170f~~ ,+oitn~w,0 antr nOfa r~V7Wnl ~r .J~117^ of 7ef 7y'llno~ •ih •VO ••1^ 0 ~ ,) .._. Mu/' by v~7 ~ 2x1:7 ~ l ••~~ YJ 71..nes yigl ~ Dwo ~~~! i I ~ W N O a v w~1`. •~~:, ~~ 2 T r ~ a7 ..~ ~ ~:~ ~~ n ,~ 7 ~C ~~ 'I' 3~ ,' 1, I~1 ,' ''VIII' ~./~ it i ~ I ~ '~~ II ,, it l; 1 ..i I~~' I ? ~ i71~i11 ''II ~I ~~I~'';I I'I~ ~'~~~ „1 I ,1 ~'~ I ~ '~,' III; li llj I: 'I i l f ' ~.~ ! '1 ~~~i~~I~II~ i'~i~! r i fit.. ~' II I~~ I ~ :I~~IJ ' ~Il, il•I 1 I ~ I ~ I~'li° ~ 'il~~1~~ I . ~ ~~ ~ , ' ~' ~ ~ ' ,E.~, ~ i :I, ,,~ , i i.i I I, ''% f ~ iF I ~ 1 ~ ~ ; ~' `. i /,'%' ~ I /~ ;~ ? ,~ ~ ~ \\\ ' j ~ .\ i \ I II~ ,I, i ~~ i -- i ~ . ,:i i ,I it ~. ~I II ~ ~ I ' . t i~ t ! I ~ I j ; ~ ~ L---~_ ` ;~II . ELEVATIONS Memorandwn To: Community Ucvelopment Depamnait CC: From: MARK SCHAEfER (1895 Sunrise Court) Dt,t~: 06/10/02 Re: Request ttx Variance: Chtaies Bragg Case # 29-VA-08-OS-0Z As a property owner adjacent tb Lot 11, 81odc 4, Surlcliffi 1'~ Addition, l have no objections to a request for variance from the 30' front yard setback for the t,onstruction of an addition. Development name: Charles H. Bragg Case# 29-VA-08-05-02 MARK AND MICHELLE SCHAEFf!R 1895 SUNRISE COURT EAGAN, MN 55122 ~r June 6, 2002 To the Eagan City Council, This is a response to the Public Hearing Notice Case # 29-VA-08-05-02 Charles H. Bragg's variance from the 30 foot front yard setback. I would like to say I have no objections to the addition. Our lot is directly across the street from 1899 Sunrise Court. From my perspective neither the view or traffic at the corner will be affected by a change in the setback. Because of the curve and incline of Sunrise Road the first house I will no longer see is eight houses down and across the street. Instead of seeing a deck and a gazebo roof we will be looking at the new front facade. The new addition won't alter visibility at the intersection since there is already a fence defining that corner. This fence has been there a number of years and has not caused any problems or concerns. I have lived in the neighborhood for sixteen years and have noticed several waves of home improvement. First landscaping, the trees planted fifteen to twenty years ago now can be seen over the roof lines. Then lower levels were finished and three season porches were added. Now there are several examples of more extensive additions. The Suncliff neighborhood is maturing and is developing new character. After taking time to consider the addition Mr. Bragg proposes I see it as positive direction for our neighborhood. And I hope you approve the variance requested. Thank you, ~<=-~~ ~~cc1~~ Ted Schwandt 1900 Sunrise Court Eagan, MN 55122 ~~ Agenda Information Memo June 18, 2002, Eagan City Council Meeting B. VARIANCE - ROBERT.MUELLER (1948 SAFARI TRAIL ) ACTION TO BE CONSIDERED: To approve a 512 square foot Variance from the 578 square foot maximum azea for the construction of a 1,090 squaze foot detached garage on property located at 1948 Safari Trail (Lot 13 and 14, Block 1, Safari Estates) in the SW '/. of Section 32, with the conditions in the APC meeting minutes, except for condition number 1. FACTS: • The applicant owns Lot 13 and Lot 14, Block 1, Safari Estates. A single family dwelling with attached garage is present on Lot 13 and Lot 14 is vacant. • The applicant is proposing to construct a 1,090 square foot detached accessory structure on Lot 14. • The proposed structure complies with setback, building height, floor area, and building coverage requirements of the Zoning Ordinance. • The Advisory Planning Commission held a public hearing on March 26, 2002, concerning the Conditional Use Permit and unanimously recommended approval with the conditions in the staff report. The Commissioners stated that the proposal would be compatible with the neighborhood and an appropriate use due to the site's topography. • On April 3, 2002, the City Council continued action on the Conditional Use Permit because of the moratorium on the issuance of building permits for detached accessory structures. The moratorium was lifted on May 21, 2002. • On May 7, 2002, the City Council approved a Zoning Ordinance Amendment that limited the area of detached garages when an attached garage is present on the site to 578 square feet. • In order to exceed the 578 square feet limitation a Variance is required, not a Conditional Use Permit as required prior to the ordinance amendment. • The applicant's narrative indicates that the additional garage space would be utilized for personal storage. • Since the request changed during the review process due to the Zoning Ordinance Amendment, the original Conditional Use Permit planning staff report is attached. • All conditions of approval recommended by the APC apply except for number 1, which refers to the recording of the Conditional Use Permit. The standard Variance concerning the duration of the approval should be included. ATTACHMENTS (3): Apri12, 2002, City Council meeting minutes, pa e y March 26, 2002, APC meetin min tes, pageto Planning staff report, pages ~ to 73 MINUTES OF A REGULAR MEETING OF THE EAGAN C[TY COUNCIL Eagan, Minnesota April 2, 2002 A regular meeting of the Eagan City Council was held on Tuesday, Apri12, 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 City Administrator Hedges suggested that item O of the Consent Agenda regarding Project 866 be consolidated with item A under Public Hearings. He also announced that item C under New Business regarding a N N )) conditional use permit request by Robert Mueller will be continued. Councihnember Carlson moved, Councihnember Bakken 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 March 19, 2002 regular City Council minutes. B. Personnel Items. 1. It was recommended to approve the hiring of Benjamin Koenke and Bryan Seppamaki as seasonal park maintenance workers. 2. It was recommended to approve the hiring of Jenna Schardt, Emily Jensen, Taylor Shonka, Blair Smith, Jill Woefel, Lisa Kleinschmidt and Taylor Lamski as part-time seasonal pool attendants for Cascade Bay. 3. It was recommended to accept the letter of resignation from Paul Wegner, utility maintenance worker. C. Ratify Check Registers. It was recommended to ratify the check registers dated March 21, 2002 and March 28, 2002 as presented. D. YMCA of Greater St. Paul Revenue Bonds. It was recommended to approve the resolution calling for a May 7 public hearing regarding the issuance of revenue bonds for the YMCA of Treater St. Paul under Minnesota Statutes Chapter 462C. E. Certification of Delinquent Utility Bills. It was recommended to schedule a public hearing for May 7, 2002 for certification of delinquent utility bills. F. 2002 Commercial Fertilizer License Renewals. It was recommended to approve 2002 Commercial Fertilizer license Renewals for B&D Lawn and Tree Care and Minnesota Turf Care. G. Tree Contractor License. It was recommended to approve a new Tree Contractor License for B&D Law and Tree Care. H. Mobile and Portable Radios. It was recommended to award contracts to the low bidders for mobile and portable radios for the city-wide radio system upgrade. I. Contract 02-10. It was recommended to modify the bid date for Contract O1-10 (Dodd Road - Diffley Road to Wescott Road Street & Utility Improvements), from Thursday, March 28, 2002, to Thursday, April 11, 2002. J. Municipal State Aid Route Designation. It was recommended to approve a resolution requesting the Commissioner of Transportation's approval of the designation of O'Neil Drive on the Municipal State Aid (MSA) system. K. Proiect 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with the owners of Parcel 10-03600-027-25 (4625 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. L. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Utiliry and Trail Improvements) with the owner of Parcel 10-83500-020-01 (671 Waterview Cove) and authorize the Mayor and City Clerk to execute all related documents. M. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with the owners of Parcel 10-20900-010-02 (4822 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. N. Proiect 813. It was recommended to receive the Feasibility Report for Project 813 (Central Parkway - Streetscaping) and schedule a public hearing to be held May 7, 2002. ~~ City of Eagan Advisory Planning Commission Meeting March 26, 2002 Page 7 C. CONDITIONAL USE PERMIT -ROBERT MUELLER A Conditional Use Permit to allow accessory building azea in excess of 1,100 square feet on Lots 13 & 14, Block 1, Safari Estates, located at 1944 Safari Trail in the SW '/4 of Section 32. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated March 21, 2002. She noted the background and history. Applicant Rob Mueller distributed photographs of his property and discussed current drainage issues. Chair Huusko opened the public hearing. Dave Hansen, neighbor of Mr. Mueller stated he is in favor of the proposed. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Because the development of a home a home on the vacant parcel would be too disruptive, Member Steininger stated he is in favor of proposal. Chair Huusko stated he is also in favor of the proposal. He discussed a letter received from a neighbor that discussed an agreement between himself and Mr. Mueller. He proposed that the agreement be part of the conditions. Senior Planner Mike Ridley stated if the Planning Commission wishes, the agreement could be made into a condition. Mr. Mueller expressed his disagreement with the exact wording of the agreement in the letter due to the mature trees on his property. Member Steininger stated it would be best if the applicant and the neighbor can reflect an agreement in a written letter before the City Council meeting. Mr. Mueller agreed and stated a letter will be sent reflecting an agreement. Member Stackhouse confirmed that the structure would be used for storage and a garage only. Member Nosbush moved, Member Bendt seconded a motion to approve the Conditional Use Permit to allow accessory building area in excess of 1,100 square ~s City of Eagan Advisory Planning Commission Meeting March 26, 2002 Page 8 feet on Lots 13 & 14, Block 1, Safari Estates, located at 1944 Safari Trail in the SW '/4 of Section 32 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. The applicant shall execute and record a Lot Combination Agreement to allow Dakota County to assign one tax parcel identification number to Lots 13 and 14. The accessory structure shall not encroach into the private additional yard and recreation area easement on Lot 14. 4. Total area of all accessory structures shall not exceed 1,942 squaze feet. 5. A Tree Preservation Plan shall be submitted at the time of building permit. 6. The detached accessory structure shall exhibit the same color and materials as the principal structure. 7. No commercial operation or home occupation shall be permitted in any accessory structure on the property. 8. Living space shall not be permitted in the accessory structure. Water and sewer service shall not be permitted. 9. The accessory structure shall meet all other Zoning Ordinance requirements. All voted in favor. 76 PLANNING REPORT CITY OF EAGAN REPORT DATE: 03/21/02 APPLICANT: Robert Mueller PROPERTY OWNER: Same REQUEST: Conditional Use Permit LOCATION: 1944 Safari Trail CASE: 32-CU-04-02-02 HEARING DATE: 03/26/02 APPLICATION DATE: 03/06/02 PREPARED BY: Cynthia R. Kirchoff COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Residential -Single Family SUMMARY OF REQUEST Robert Mueller is requesting a Conditional Use Permit to allow the total floor azea of the existing attached garage and proposed detached accessory structure to exceed 1,100 square feet located at 1944 Safari Trail (Lot 13 and 14, Block 1, Safari Estates) in the SW'/e of Section 31. AUTHORITY FOR REVIEW Accessory Structure Standards City Code Chapter 11, Section 11.10, Subdivision SCS, states that the total floor azea of all accessory buildings, whether attached or detached, shall not exceed 1,100 square feet, except by the issuance of a Conditional Use Permit. Conditional Use Permit City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Conunission shall reconunend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. ~~ Planning Report -Mueller CUP March 21, 2002 Page 2 B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The subject property is located in Safari Estates, which was platted in 1978. The applicant owns Lot 13 and Lot 14, Block 1, Safari Estates, which are contiguous lots. A single family dwelling was constructed on Lot 13 in 1999 and Lot 14 is vacant. Lot 14 has an ingress/egress easement over Lot 15 and Lot 15 has a yard preservation easement to maintain open space for recreational purposes on Lot 14. EXISTING CONDITIONS A single family dwelling with an 852 square foot attached garage is present on Lot 13. The site has a substantial elevation change and numerous significant trees. ~~- Planning Report -Mueller Clip March 21, 2002 Page 3 SURROUNDING USES The site is surrounded by property zoned and guided for single family residential use. EVALUATION OF REQUEST Proposal -The applicant is requesting a Conditional Use Permit to construct a 30 feet wide by 37 feet deep (approximately 1,090 square feet) detached accessory structure on Lot 14, Block 1, Safari Estates, which is zoned R-1, Residential Single Family. The existing attached garage, located on Lot 13, is 852 square feet, thus, the floor area of existing and proposed accessory use would total 1,942 square feet. The total floor area of a detached accessory building and any attached garage shall not exceed 1,100 square feet, except by the issuance of a Conditional Use Permit. Thus, the applicant is proposing to construct 842 square feet more than permitted by the Zoning Ordinance. The picture below is looking to Lot 14 from Safari Trail. (The existing home is in the left portion of the picture.) As shown, the site exhibits a substantial elevation change and contains numerous significant trees. Since the proposal will result in Lot 14 providing an accessory use to the principal use on Lot 13, the applicant should execute and record a Lot Combination Agreement to allow Dakota County to assign one tax parcel identification number for the two lots. Compatibility with Surrounding Area -The - surrounding properties are developed with single "" family dwellings with attached garages that are made part of the dwelling's architecture. Garages are a permitted accessory use in the R-1 zoning district. The zoning ordinance defines a private garage as "an accessory building or accessory portion of the principal building that is primarily intended for and used to store the private passenger vehicles and trucks of the family resident upon the premises and in which no business, service, or industry is carried on." Based upon a site inspection and City records, it appears as though detached accessory structures are uncommon in the general vicinity. Thus, the proposal fora 1,090 square foot detached accessory use may not be compatible with adjacent properties. General Standards for Accessory Structures -The Zoning Ordinance requires. accessory buildings greater than 150 square feet in size to exhibit exterior finish materials similar and compatible to those utilized on the principal building and match the principal building in color. Further, they must be maintained in a manner that is compatible with adjacent uses and must not present a hazard to public health, safety, and general welfare. The plans indicate that the proposed accessory structure will have two dormers on each side of the roof, ample windows on all elevations, a double garage door, and be constructed of "Hardi"Siding. Thus, it would be 79 Planning Report -Mueller CUP ' March 21, 2002 Page 4 architecturally compatible with the principal structure. The colors have not been specified. These standards are incorporated into the staff recommended conditions of approval. Site Plan -The site plan indicates that the detached garage is to be set back a greater distance from the public right-of--way than the existing dwelling. It is proposed to be constructed into the slope with the use of retaining walls.. Tree removal is anticipated. The proposed structure complies with all applicable bulk standards. Setbacks: The Zoning Ordinance requires that accessory structures greater than 150 squaze feet must maintain 5 foot setbacks from the rear and side property lines and does not permit an accessory building within the required front yard setback. The site plan indicates that the structure will maintain the following setbacks: Front: 50.9 feet Sides: 24.9 feet 29 feet Rear: 103 feet Building Height: Accessory structures are not permitted to exceed 16 feet in height. Building height is measured to the average height of the highest gable of a pitched roof. The plans indicate the proposed structure is 16 feet in height. The accessory structure has a second floor with windows and interior stairs. The second floor must not be utilized for living space. Water and sewer service would be prohibited. Floor Area: The Zoning Ordinance prohibits an accessory building from exceeding the footprint of the single family dwelling. The footprint of the two-story dwelling portion of the existing principal structure is 1,692 square feet. The proposed detached garage measures 1,090 square feet. Building Coverage: All buildings, including accessory structures, shall not occupy more than 20 percent of the lot area. The two parcels are 42,253 square feet in area. The total structures would equa12,782 square feet, so the building coverage is 6 percent. Access/Street Design -The garage would gain access via the existing driveway. Tree Preservation -The applicant has indicated that eight trees would be removed for the placement of the accessory structure. Staff recommends that a Tree Preservation Plan be submitted with the building permit application for review. Accessory Structure Conditional Use Permit Findings - A Conditional Use Permit may be granted if the following requirements are met: There is a demonstrated need and potential for continued use of the building or structure and the purpose stated. 80 Planning Report -Mueller CUP March 21, 2002 Page 5 Finding: The applicant's narrative indicates that the structure would be utilized for personal storage and additional gazage space. The demonstrated need for an accessory structure, in most instances, is to prevent personal items from being stored outdoors. 2. In the case of residential uses, no commercial or home occupation activities are conducted within the accessory building or attached garage. Finding: The applicant has indicated that the accessory structure would be utilized for personal storage, not for a commercial operation. This criterion is included with the recommended conditions of approval. 3. The building has an evident re-use or function related to the principal use. Finding: A gazage is utilized for the storage of personal items that are accessory to the principal use (i.e., a single family dwelling), as defined in the Zoning Ordinance. 4. The provisions of section 11.40, subd. 4 of this chapter are met. Finding: It appears as though the proposed accessory structure as a use will not be detrimental to the neighborhood or the City. The site is served by adequate public facilities and services and will not involve hazardous activities. However, the size and presence of the structure may not be compatible in appearance with the existing character of the general vicinity because accessory structures are typically attached and integrated with the dwelling's architecture. SUMMARY/CONCLUSION The applicant is requesting a Conditional Use Permit to allow the floor area of all accessory structures to exceed 1,100 square feet. The combine floor area of accessory uses would total 1,942 square feet. It does not appear that the proposed use would be detrimental to adjacent uses. The accessory structure would be served by adequate public facilities and will not be hazardous (involving noise, smoke, fumes, glaze or odors) to adjacent uses. However, since the structure is detached from the dwelling, exceeds 1,000 square feet, and the majority of adjacent properties do not have a detached accessory use, its compatibility with the character of the neighborhood is in question. Typically, accessory structures are attached and made part of the dwelling's architecture. The acceptability of a Conditional Use Permit to allow the floor area of all accessory uses to exceed 1,100 square feet is considered a policy matter to be detenmined by the City Council. 8i Planning Report -Mueller CUP March 21, 2002 Page 6 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow the floor azea of all accessory structures to equal 1,942 squaze feet located at 1944 Safari Trail (Lot 13 and 14, Block 1, Safari Estates) in the SW '/4 of Section 31. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. The applicant shall execute and record a Lot Combination Agreement to allow Dakota County to assign one tax pazcel identification number to Lots 13 and 14. 3. The accessory structure shall not encroach into the private additional yard and recreation area easement on Lot 14. 4. Total area of all accessory structures shall not exceed 1,942 square feet. 5. A Tree Preservation Plan shall be submitted at the time of building permit. 6. The detached accessory structure shall exhibit the same color and materials as the principal structure. 7. No commercial operation or home occupation shall be permitted in any accessory structure on the property. 8. Living space shall not be permitted in the accessory structure. Water and sewer service shall not be permitted. 9. The accessory structure shall meet all other Zoning Ordinance requirements. 8~ FINANCIAL OBLIGATION - 32-CU-04-02-02, Robert D. Mueller C-U-P Lot 13 and 14, Block 1, Safari Estates There are pay-off balances of special assessments totaling $-0- on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. - Based upon the study of the f nancial 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 approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Chazges. The chazges become due and payable with connection to the City's Utilities. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT None TOTAL $0 83 o Ea~.~ ~,~..1, Location Map ~:a,~N,~-a l~. Building Footptlnt I <,... © ~ ~ ~ k~ ~ ~ ~ ~ t ~ r`r 0 mon^ ~ l ' .,~ ~ ,... .. o~T r'7 p ~, ~ ~ ~ J ~ ~ ~. ~ ~ ~ ~~ 3 l ~'~ '~+' G "w"'? .~ rt} `~ ; ~ .y a } 0 , ~ ~ ~ 3 '~ _ b~ , 3 7~ o ~ `:~ ' yL , ~ Sub'ect Site a s n ' y ~ > ~. j `, w ~~ ia-Y '~ w '~ ~ ~ ~ a ~ ~y ' A ~ ~ .^ of i ~, '? '> 9 ~ '~ . ~ w''~ '+~. ~ _ / ~ ~ 3+ mss; -, f ~ € ;. F -- - v `~ ~ ~ = : _ /1 1000 0 1000 2000 Feet DeveloprnerrtlDeveloper•. Robert Mueller Application: Conditional Use P Case No.: 32-CU-0402-02 ~ / / M,y Gnp.nd Wine ERSI ArcYNw 1.1. V.R.I tNN m.p E.b ptovidW w wk^t. tamer une swv.r av.~,ea ~. o^rroe,. w oewwr soot. NTENDED FOR REFERENCE U3E O S L ~ V w~ b City of Eagan M. ~ Y .v ~ :i C ~' a TNIS MAP i I N Y Tleo City o! Eayan and Dakota County da not guarantoo tAo accuracy of this I,etwenation and aro 5 Cwnwwnry o^vreFn~wt O^P^~^.^, cot raeponalbN for orrora or o~nlsatom. 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LL O //_ V 3 ~~~~~~ o ~ES~g n "~~~~~~~ ~~~~~~i~ 3E~ ~~~~~~~ ~~ b ~~"< a«I al a«I a e I ~~~ 3ry ~ y ' $$o ~ r--------- I 2 ~RQ wQ i3 I ~I I e ~~~ y S~F TV Ip W g ~ 0 I ~;~ a ~ I ~ ~ s „ ~ ~ ~ I I I I 4 AR ~ e I ~O ~ ~ ,PL ~ Q ~ b ~ f ~ SOW <r<uu \ ` o '~ ~ o~ ' ~ ~ ~ i w. ~~ ~- ------- ~~ ~,~ ~~~~ ~ b ~ g r d -- °1 M ~ ~CO'g ~ 4 M1 ~ b h M O ~0~ 40 ~, Z J !!1 U O r z I QI _i Q~ r O I ~ LL I (~f ~ N N!O ~i0 ~- c L_ t r~ ~ qr F, C! ~~ }ua ~ z~ ~'~o r 3 '~~. Z Agenda Information Memo June 18, 2002, Eagan City Council Meeting IV. OLD BUSINESS A. AMEND DEVELOPMENT CONTRACT - MANLEY LAND COMPANY (MANLEY ADDITION) ACTION TO BE CONSIDERED: To approve an Amendment to the Development Contract for Manley Addition to allow less than a 20 foot separation between buildings for Lot 16, Block 2, Manley Addition located at 685 McFaddens Trail in the NW '/4 of Section 36. FACTS: • The applicant is requesting that the homes on Lots 15, 16, and 17, Block 2 maintain less than the required 20 foot separation to allow a home to be built on Lot 16. • Building permits have been issued for the homes on Lots 15 and 17. The surveys indicate that the garages are five feet from the property lines abutting Lot 16. • The future home on Lot 16 would have to maintain two 15 foot side yard setbacks to comply with the original conditions of the Development Contract. • The buildable area of Lot 16 measures 55 feet in width with two 15 foot side yard setbacks. ISSUES: • A single family home could be designed to fit within the buildable area without amending the Development Contract. • Manley Land Company had knowledge that all homes must maintain a 20 foot separation because they were the developer of the property. ATTACHMENTS: Ln ~•~'~~ °~` ~ ~`p p ~ 3 ~ -ate April 3, 2001, City Council meeting minutes P ~"~ Letter dated May 29, 2002, from Kevin Manley ~ Q b-- g~ 9a Location Map a Eagan BoaanOary Stmt CaatarliM Parca>f Ana Bulidiny Footprint Development/Developer•. Manley Bros. Construction Application: Development ract Amendment Case No.: Map P uain E 3.7. Pan:N Ww map data proviA.tl V pY Dakota Coun N.y Dapartrrrnt and is currant w of March 3002. W E City of Eagan TNIS MAP IS INTENDED FOR REFERENCE USE ONLY „ ; ti. .~ ~ ,~ ~ ,~ q Tho City of Eagan and Dakota County do not guanntoa tho accrtocy of thts i~ormatton and an S CornwwNfy OwroPrrr.nt D~Part~et _ not nsponslblo for orron or omissions. 1000 0 1000 2000 Feet Eagan City Council Meeting Minutes April 3, 2001 Page 6 Several other residents spoke in opposition to the project expressing their concerns regarding runoff into Fitz Lake and Hooding of adjacent properties. Hall Street and Carol Street connections to Highway 3. potential increased traffic in the neighborhood, the intersection at Red Pine Lane, loss of trees, and trunk charges. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. The Council discussed the width of the proposed road (28' vs. 34'); the installation of off road trails; a cul- de-sac option; the Trunk Highway 3 connection at Red Pine Lane; the Hall Street, alternate Hall Street and Carol Street aligrtments; and rural versus urban cross sections. Afrer two hours of public cornmeal, Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve Project 751 (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) and authorize the prepararion of detailed final plans and specifications with the following sripulations: ?~ 34 foot wide street with an on street trail on the west side; no parking; the installation of a cul-de-sac and the Red Pine extension from Highway 3 along the Hall Street alignment. Councihnember Tilley stated she was in favor of a 28 foot wide street with an 8 foot wide off stree[ trail on the west side. Mayor Awada, Councilmembers Tilley and Carlson agreed. Councilmember Bakken agreed, in the interest of time, to amend the stipulations of the motion as follows: A 28 foot wide street with an 8 foot off street trail on the west side; no parking; the installation of a cul-de-sac and the Red Pine extension from Highway 3 along the Hall Street alignment. Councilmember Bakken also noted he was not in favor of the 33 foot wide street with an off street path. A vote was taken on the motion. Aye: -l ~1ay: 1 (Councilmember Bakken opposed.) Mayor Awada moved, Councilmember Tilley seconded a motion to direct staff to acquire all necessary easements, through condemnation if necessary. Aye: ~ ~1ay: 0 OLD BUSINESS ~~ ~~ ~~ REZONING AND PRELINIINARY SUBDIVISION (THOMAS WOODS) MANLEY LAND COMPANY City Administrator Hedges introduced this item regarding a Rezoning of 13 acres from A (Agricultural) to R-1 (Single Family) located south of Cliff Road and west of Dodd Road, and a Preliminary Subdivision entitled "Thomas Woods" located east of Dodd Road and north of Diffley Road. This item was continued from the March 20, 2001 Council meeting. Senior Planner Ridley gave brief presentation. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a rezoning of 13.0 acres from A (Agricultural) to R- l (Single Family) located south of Cliff Road and west of Dodd Road, in the northwest '/, of Section 36. Aye: ~ Nav: 0 Two residents stated they were concerned over potential drainage problems. Kevin Manley, developer, discussed the drainage plan for the proposed subdivision. q~f Ewan Ciry Council ~teetin~ Minutes April 3, ?001 Page 7 Councilmember Carlson moved. Councilmember Fields seconded a motiun to approve a preliminary subdivision entitled "Thomas Woods" located south of Cliff Road and west of Dodd Road in the northwest 'G of Section 36 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, 2, 3, 4, C!, 2, 3 D1, E1 2. The propem shall be platted. 3. The westerly 6 % foot extension of Lot 10 be added to adjacent Lot 9. -l. The existing house on Lot 18, Block 2 shall be connected to City utilities (sanitary sewer an water main) as part of this development. ~. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and Ciry standards as part of this development. 6. The upgrade of Dodd Road (with associated public utility extensions and storm sewer) shall be approved by the Ciry Council prior to final subdivision approval for this development. 7. This development shall dedicate ~l0 feet ofone-half-right-of-way along Dodd Road. 3. The applicant shall waive its right to appeal assessments associated with the upgrade of Dodd Road and the associated public u[iliry extensions and storm sewer. 9. Wetland and water quality related issues shall be resolved to the satisfaction of the Ciry. 10. An individual lot tree preservation plan shall be required for Lots -1, 10, 16-19 of Block 2 at the time of building permit application. 11. Tree Protective measures (i.e. orange colored silt fence or ~ foot polyethylene laminate safety netting shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees woodlands to be preserved. 12. The applicant shall contact the Ciry Forestry Division and wet up apre-construction site inspection at least fire days prior to the issuance of the grading permit to ensure compliance wit the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. This proposal shall be subject to Park and Recreation Commission requirements. » 14. There shall be minimum of 20 feet between houses. 1 ~. An 8 foot wide bituminous trail shall be constructed along Dodd Road. A vote was taken on the motion. Aye: ~ Nay: 0 REZO`I\G, VARIA.rCE AND PRELI~QYAR1c' SLBDIVISIOY (FI`CH PLACE) BASIC BCILDERS. INC. City Administrator Hedges introduced this item regardins a Rezoning from an A, Agriculture to an R-1 Single-Family Residential zoning designation of 12.9 acres of land located north of Red Pine Lane and east of Highway 3, and a Preliminary Subdivision (Finch Place) with a Variance for a cul-de-sac in excess of 500 feet in length to create 20 single-family tots on 12.59 acres of land located north of Red Pine Lane and east of Highway 3. This issue was continued from the March 6, 2001 City Council meeting. Senior Planner Ridley discussed the revisions to the proposed subdivision. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a rezoning from an A, Agriculture to an R-1, Single Family Residental zoning designation of 12.9 acres of land located north of Red Pine Lane and east of Highway 3 in the east '/z of Section 36. Aye: ~ Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a preliminary subdivision (Finch Place), with a variance for a cul-de-sac in excess of X00 feet in length, to create 20 single family lots on 12.9 acres of land located north of Red Pine Lane and east of Highway 3 in the east '. , of Section 36 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A 1, B 1, B'_, B3, B4, C 1, C2, C3, D 1, and E 1. 2. The property shall be platted. 3. The R- i zonin~ standards apply to all lots within this development. In addition, all lots shall comply with the City's Shoreland Zoning Ordinance with impervious surface coverage not exceeding ?~°i~ of the lot area and buildin; height not exceeding 3~ feet. 9S 8R01HERS CONSTRUCTION. INC May 29, 2002 Dear City Council, I would like to see if we can have an exception on lot 16 from our developer's agreement. We went to close on lot 15 and 17 lot lines and before we realized it, we need a 15' setback on lot 16 on both sides. This gives us only a 54' - 55' building pad, which is too small for most houses. We would like a 10' setback on garage and house side, which would meet or exceed the city codes and would still give us 15' between all buildings. The reason we implemented this program was in Oak Bluffs Subdivision we had several houses that had garage to garage and only 10' in between. This would be a good distance and the rest of the houses we meet the 20' side yards. Enclosed is the survey for lot 15 and 17. Thank you, Kevin D. Manley 9'6 4179 Ethan Drive Eagan, MN 55123 Business 651-454-4933 Mobile 612-275-8722 * I-~IC>rrCCFz * engmeerinq L.,o #*~* Certificate ~f Survey for LOI ARF.4 14,560 sq It HOUSL ARLA = 1,22:. sq. (t. (;6~.RAJF AP.EA 9I1 sq_ It. eA~r ,ulo ~b:igh(s, nAf1 ;~;il Lt1 (ssf) 88f-f9f4 FAx:681-9488 o~~ rngnMa Iv n.t. Bloine, MN 5134 (612) 783-1880 FAX: 783-f883 MANLEY BROTHERS CONST_ 689 MCFADDENS TRAIL EAGAN, MINNESOTA DRIVEWAY AREA - A21 sq. tl. CO~~F"RAGE =70.22 SERV. INV. =941.3 N(A'$F TYPF_: FLA1 (RAM6lER) ~ - 0( ., 'h~b~ Q.'fry~ ~' -~,~a° I ~ 9`, ~ ~, _ti ~O ~ ~ 950.• j VI ~ .50.7 SI, o o U' I ~ ~ ~ ~ ~° ~' 1 _ 950.7 ~ ' BENCH MARK ^Ip ~~ tea 14 ~`-~ GRAPHIC SCALE ~~ ~ 63 45 qs4~~ ~ . 949.9 I / 95s.e ~) 1 RAINAGE de l1TILITY ~~ ASEMENT PER PLAT ~---_ _. r. T -~ 5~7 78 Tg £ `~-~ / '- ~ ` IA ~ ~ ` 9J 88 ~ct,f! Iv ~ ` ` ~ T(9:A.e ~ 5 95LJ ~ 5 16 I ~ (VACANT) r [' ~ 0.20 Nb"'3,5~ ~S~ 5. +0 r•=-- q~,415.D0 950.5 /66.00 950.4 951.D r /HOUSE i - -~/ o° .r oo ~ I GARAGE ~ ~' h 3.5.67 I / / .1_ I~ 0.33'cw 12.00 r, N B. ~5-~_ 950.7 s3s ~ • a , o iOP OF f IPE - ' t ELEV.=950 7 --u- 4 ~ L~} - - ~ 950.9 r '' - i I r e.~ --X36.35015_001 ~~_ ~ , ? sD. t0 I ~ ///r L 950.J ~ - ` I QSI,O ~, I ~~Q: - _ -~.-____ F - i - oI o~ ~,I I _.-- ~~,o n C] ~ .-1 ~ ~ o ~5 $.z ~ '~ `~t BENCH MARK OP OF PIPE 52S~LEV =950.75 952.0 --~qqq~~ ..9522 '-T 951.8 11~ 1~_~ -T V.i MCFADDENS TRAtL HOiF PIIOPO~ED GRADES SNONN 1`ER CFAOING PLAN BY PIONEER NOTE ~iLO~UCi R~SONSY~SFE ARCHITFCIUALRVL ANSA FOR BUI~LDRWOAANDaAl10N Tl1VNUA iIiW DIMENSIONS. NOTE: NO SPECRIC SpLS INbESOGADON HAS BEEN COMPIE TED ON THIS LOT BY INE SURVEtCYt. ME SW TABIIJtt OF SOMS i0 SUPPORT ME SPECRIC HOUSE PROPOSED IS NOT 111E RESPONSIBIU TY OE THE SURVEYOR' -~ - ~ N PROP _s LOWEST FLOOR ELEVATION: TOP OF BLOCK ELEVATION: nS?~r,2 GARAGE SLAB ELEVATION: `~5~~--/ TOB O LOOKOUT ELEVATION: K 000,00 DENOTES E1C571NG ELEVAAd1 NOTF~. THIS CERTIFICATE DOES NOT PURPORT TO SHOW EASEMENTS OTHER THAN (000.00) DEIpITS PROPOSED EIEVADON THOSE s1owN oN ME RECORDED PLAT. ~_ _ - DENOTES TIRAMAGE ANO UMrtr EASEMENT NOTE' CONTRACTOR MUST VERFY pRIVE WAY pE4GN. - pENOlES DRAINAGE ROW pIRECDON -}= Dp/07ES MONUMENT NO tE: BEARMJGS SHOWN ME BASED OH AN AS'SUMEO DATUM ~= DFl107E5 OFiSET 1LLIB rYE HEREBY CERTIFY TO MANLEY BROTHERS CONST. THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: SOT 15, BLOCK 2. MANLEY ADDITION DAKOTA COUNTY, MINNESOTA II NOES NOT vURPORT TO SHOW IMPROVEMENTS OR ENCHROACHMENTS, EXCEPT AS SHOWN, AS SURVEYED BY ME OR UNDER MY DIRECT SUPERNSION THIS 12 OAY OF FEBRUARY, 20D2. SIG ED: PI R EN NEE NG, P.A. REVISED 2-27-02 NEW HSE 11 SCALE i INCH = 30 FEET REV~ISEO 5-08-0 RESTAK D 8Y:1 I. S'I T'~7I~"Z Dan Westergren Reg. No 1979 )42 101223.14 ,lA1M 9~ ~ r ~ PIONEER * engineeri l~Nl, RM.xEU[. I~NnSC.1`E MCi. RCIS ~' '~ i'Ililt ,; v ,. h t i "1.1 Mme, nlutn Ilc~yhls, I:rt! ;.'~I,'~' (651) 681-1914 FAX:681-9488 625 Hiyhwoy 10 N.C. Dloin q, MN 55434 (612) 783-1880 FAX: 783-1883 Certificate of Survey for: MANLFY Bf~OS. C~NST. - IIUUSE AREA - 2188 SQ. FT. ORIVEWnY AREA = 671 SO. F[. COVERAGE 22.5 7, SE_RV1CE INV. =938.0 I~cl,r_,t ^f ~JPt (St-o~ ~na~Tl ~~g4,Z~ 1 1;~; ;) .I -~ ~,. .~ .'~ yl11 i\.~ ~"' 0 DLNCII Id ARI< ~ o TOP OF PIPE ' "q ELEV.-951.D0 s~i7 FFNGE BENCN MARK TOP OF PIPE ELEV.=947.17 ~„ !~~+_ _ _ ~u ~~ `~'~ _,951.5 950.5 ~ 1 94 ~ I~:; "~ 1~ ( ~._ ~~1 _ .. 0-00'19.08"N-~ J ~-- ~) ~ V ~ Id8~'30 12 W 82.5b ,..'II' 3.1 ~`~ MCFADDENS TRAIL ~ III + I-, ~i (~`I::~,~ (,III ~. I NOTE PROPOSED GRADES SHOWN PER GRADING PLAN BY-. PIONEER NOIE: BUILDING DIMENSIONS SHOWN ARE FDR HORIZONTAL AND VER IICAL LOCATION OF $TRUC LURES ONLY. SEE ARCHI TECTU AL PLANS FOR BUILDING AND FOUNOA II(,N DIMENSION S. NINE NO SPE CIRC SOILS INVESIIGA RON /LAS RFFN COMPLETED ON RIIS LOT BY THE SHRVT YOR RIE SUIIADII.ITY M SOILS TO SUPPORT IHF SPECIFIC HOUSE PROPOSED IS NOl THE RESPONSIBIIIiY OF IHE SURVEYOR. N(1TF: THIS rFR tIFICATF. DOES NOT PURPORT TO SNOW EASEMENTS OTH[R THAN THO}[?XHBWN ON RIE RECORDED PLAT. ' NOT[ CON iRAC TOR MUST VERIFY DRIVEWAY DESIGN. ND1E: BEAPoNCS SHOWN ARE BASED ON AN ASSUMED DATUM PROPOSED HODS V N LOWEST FLOOR ELEVATION: Ms TOP OF BLOCK ELEVATION: J ~ 1 GARAGE SLAB ELEVATION: 53.5 TOB ®LOOKOUT ELEVATION: '~ K 000.00 DENOTES EKISRNG ELEVATION ( 000.00) DENOTES PROPOSED ELEVARON DENOTES OR AIN AGE AND URUTY EASEMENT - DENOTES DRAINAGE FLOW DIRECTION WF. HERET?Y CERTIFY TO MANLFY BROS. CONST. THAT THIS {S A TRUE ~ DENOTES MONUMENT AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: ~- pENOTES OFFSEt Nue LOT 17, BLOCK 2, MANLFY ADDITION . . DAKOTA COUNTY, MINNESOTA II DUES NOI PtIRI'OR1 (U SHOW IMPROVEMENTS OR ENCHRMf.IIMENT;, EXCEPT AS SHOWN, AS SURVEYED AY ME OR UNDER MY DIRECT SUPERVISION THIS 73RD DAY OF JANUARY, 2002. ~)?E~T\'~[5~', Z~m~uZ SI NED: PION~R E INE 21NG, P A (~ E-~ '~-C~ ' Q(L.AJ . SCALE 1 INCH = 30 FEET Pte' q ~p M,T LI IJ ~= Dan R. WeslergrPn Reg No 197 0 ;D-azl ,o,,z~.,z enT ~ F ~ I.NC GI~A~(vtIRC 681 McFADDEN,S 7RAµ,'•N,~40p~N~n-- •! ~I ' L .~~'yl •ji N89'46'47"W ,, 85.00 ~ na ',,,1~ 3: ~ µs~ $~°J°~s 't kl / (ass, z) 6G \l wa 11 w~ ~~ -_. ~ ~K rG~ DRAINAGE do UTILITY G' T°V EASEMENT PER PLAT ~` o. [~ ~ _ E ~ st 955.1 ~ U 9~ ~DSD. Agenda Information Memo June 18, 2002 Eagan City Council Meeting NEW BUSINESS A. CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATION ON DRAFT AVIATION POLICY REPORT ACTION TO BE CONSIDERED: To recommend the Metropolitan Council move ahead with Aviation Policy Plan Update 2000-2020. FACTS: The Metropolitan Council convened an advisory task force in 2000 to draft the Aviation Policy Plan Update 2000-2020. City of Eagan staff participated in the task force review. The intent of the report is to incorporate the Aviation Policy into the Regional Blueprint 2030. A number of issues remain to be resolved before the final plan revisions will be adopted, likely in 2004. Among the outstanding issues are agreements related to Flying Cloud Airport in Eden Prairie and Anoka County Airport in Blaine; the MSP Air Cargo Study released by the Minnesota Department of Transportation - Aeronautics Division; the Noise Exposure Map for Minneapolis-St. Paul International Airport; and, the recommendations of the MSP Joint Airport Zoning Board. Staff has reviewed the draft report, especially those portions that address land use issues. Staff has no significant issues at this time, however will reserve final comments until the noise exposure zones and land use zoning issues are resolved. The Airport Relations Commission approved a motion at its meeting on June 11 that the City Council recommend the draft policy be moved ahead by the Metropolitan Council for inclusion in the Regional Blueprint. ATTACHMENTS: • The Draft Report of the Advisory Task Force is attached without page number. 99 Agenda Information Memo June 18, 2002 Eagan City Council Meeting NEW BUSINESS B. CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATIONS ON JOINT AIRPORT ZONING BOARD ACTION TO BE CONSIDERED: To consider the recommendations of the Eagan Airport Relations Commission related to the MSP Joint Airport Zoning Board. FACTS: In March 2001, the City Council appointed ARC Commissioner Mike Schlax and Assistant City Administrator Verbrugge to represent the City on the reconvened MSP Joint Airport Zoning Board (JAZB). JAZB is nearing the end of its anticipated work schedule. Recommendations are being considered related to land use guidelines, surface and approach zones, and other issues within the scope of its authority. The ARC has received regular updates on JAZB deliberations. At its meeting on June 11, the ARC approved a motion on a 4-3 vote to recommend the City Council take the following positions: - The City should support the Minnesota Department of Transportation proposal for no changes in boundaries, height restrictions or the land use provisions in the present law and that engine-out criteria be added to the statute. - The City should support the maximum safety provisions of the law and, therefore: 1) the provisions of the law should apply to all runways at all times and there should be no erosion of the protection based on use or other mitigating circumstances; 2) engine-out criteria should be applied to all runways; and 3) HNTB (technical planning consultant to MAC) do research on engine-out accident/incident and directional control of aircraft and possibly expand engine-out criteria beyond the limits of the present RPZ and state zones 1 and 2 Staff will provide a brief visual presentation of relevant maps, a brief explanation of issues, and a brief summary of positions by other communities regarding these issues. /~ Agenda Information Memo June 18, 2002, City Council Meeting C~ PRELIMINARY PLANNED DEVELOPMENT AND PRELIMNARY SUBDIVISION - DAVID FICEK (COVINGTON TOWNOFFICE PARK) ACTIONS TO BE CONSIDERED: To approve a Preliminary Planned Development to allow eight (8) Townoffices on Outlot A, Prairie Oaks, located on Slater Road south of Cliff Road and west of TH 77 (Cedar Avenue) in the NW '/a of Section 31, subject to the conditions in the staff report. To approve a Preliminary Subdivision to subdivide a 2.82 acre outlot into nine two lots (Covington Townoffice Park) on property legally described as Outlot A, Prairie Oaks, located on Slater Road south of Cliff Road and west of TH 77 (Cedar Avenue) in the NW '/. of Section 31, subject to the conditions in the staff report. FACTS: • In 1998, the property was platted as Outlot A, Prairie Oaks. A 30,000 square foot building was proposed for the site, however, the plans were not approved and it was platted as an outlot due to the proposed amount of tree loss and neighborhood opposition. • Significant trees cover the property. A Type 2 wetland extends north and south along the west property line, which abuts Slater Road. A 30 foot sanitary sewer easement extends along Slater Road. • The applicant proposes to develop the site with eight "Townoffices" as a one phase project. The offices will be housed in units that have the appearance of attached townhomes. Four, two unit groupings are proposed for a total of eight units. • The applicant proposes to subdivide 2.82 acres into nine lots, eight of which are for offices. No buildings are proposed for Lot 9, which will be under Townoffice Association governance. • On May 20,2001, the APrC reviewed the item and continued the requests until their June meeting so the applicant could revise the landscape and tree mitigation plan. The applicant did not submit revised plans. • On May 28, 2002, the APC held a public hearing on both requests. They recommended denial of the Preliminary Planned Development and Preliminary Subdivision by a vote of 6 to 1. The Commissioners felt that the proposal required an excessive amount of tree loss and had concerns concerning the parking deficiency. ISSUES: The landscape plan is not acceptable. Variation in species and placement should be incorporated into the plan. Numerous trees are proposed to be planted in the 30 foot sanitary sewer easement and in the proof of parking area. Parking is not appropriately screened from TH 77 and the Zoning Ordinance requires landscaping to equal three percent of the building value. The site plan indicates that 78 parking stalls are proposed for this development. Ten of the parking stalls are shown in the 32 foot wide drive aisle. Another 13 stalls are shown as proof of parking. The zoning ordinance requires one stall per 150 square foot of net leasable floor area. Thus, this development would require 122 parking stalls, at a minimum. The parking stalls are proposed to measure nine feet by 18.5 feet. The zoning ordinance requires stalls to be 10 feet by 19 feet. /o/ The tree mitigation plan is unacceptable. Trees are spaced too closely together, too close to parking lot curbs, and situated in critical root zone areas. Overall, the site plan, as shown, does not appear to benefit the community to a greater degree than if the site where developed under, a traditional commercial zoning district. The applicant is not providing a more environmentally sensitive site plan in exchange for flexibility in minimum zoning standards. ATTACI~~NTS (2) Draft May 25, 2002, meeting minutes ag~ to LQ' Planning staff report, page to ~ /Qa MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA ;;may 28, 2002 A regular meeting of the Eagan Adviso.~C~c.,~j~:nzti~3g,~QAUnission was held on Tuesday, May 28, 2002 at 6:30 PM, at the Ea~1i~i~ti~;~~~'resent were Chair Huusko, Members Bendt, Nosbush, Steiningez,,_~aess, $ega~;'Gla~fiill and Stackhouse. Also present were Senior Planner Mike lt~t#~y; Planner Cynthia ICirchoff; Planner Pam Dudziak; Assistant Engineer John G'or(ier; City Attorney Bob Bauer, and Recording Secretary Camille Worley. ,:: r AGENDA Member Segal moved Member Steiger seq~itiied a motion to adopt the Agenda. All voted in favor. • • S•. APRIL 23, 2002 ADVISORY PLAN~IN~'~~1C~I'1VTY~$ION MEETING MINUTES Chair Huusko stated on page 11, the minutes should reflect that he abstained from the item rather than excused himself from the item. He further stated on page 17, Member Steininger is shown to have voted both aye and nay ~o.~;#]#e item. He stated Member Steininger should be reflected as voting ax~r~_;:;:; ;;:.:::;:~ ~: Member Segal moved, Member S 2002 Advisory Planning Commis a motion to approve the April 23, .s as amended. All voted in favor. III. PUBLIC HEARINGS A. LG Y L' L V t lY1L' 1\ 1 - LH V_.}~~T{ .~~1., _ , -;_; ;_;•;•;_;_;_; • r.. A Preliminary Subdivisi~ltf:~'~ovit~:~'tS$oiiSffice Park) of approximately 2.82 acres to create nine lots ~t~'a Preliminary Planned Development for an office development, located on `€;~ east s3of Slater Road, north of Warrick Court iri the NW '/, of Section 31. s:: :~ ;: ..,. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated May 23, 2002. She noted the background and history. Applicant Dave Ficek announced:~s`i;~i~ to answer questions. Chair Huusko opened the pu~~~iiearing. f~=-- r::•'ti . r.~ :~ {' :... ............. ...~:ti~:. /D 3 ~._ City of Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 2 Eight residents expressed the follQy~cjng concerns for the proposed preliminary subdivision: • Increase in the number oi''~ccidents at the intersection. • Diminishing aestltetic vale =:~: ~-'~ ~' ==."•.'f: - • Removal of the trees, elirffri~ori~D~is~t'~d danger to wildlife. • Increased noise. • r • Decrease in property valfc~s~ • Desire of low profile, well-maintained structures for the area. • Resale value of office space that looks Iike townhomes. • Lack of present need for office space in a residential area. ..::: • Increase in the amount o~f~affic. .,1 ,:': ~'•• There being no public commer~;iEhair Isko closed the public hearing and turned the discussion back to the Com~j~~sio~~; ~"`'' Assistant Engineer John Gorder ••aciclresse~'t2ie'ff~ff~'C~bncerns. He stated the residents generate the majority of traffic on Slater Road. He explained that the amount of traffic will slightly increase, however it should'not compound the current problem on Cliff Road and Slater Road. Member Kaess inquired about the app~ica~?S~#'efence to office space rather than actual townhomes. Mr. Ficek stated that 2.82 acra~~;15:~bi: ;~ 'adequate amount of property for a townhome development. He explairied''t#~t::#~t.~t::.:l $ townhomes would fit on the property, thus making the development less •pir~le. He described the proposed plan as a soft transition from office space to residential space. He explained that he too would like to preserve as many trees as possible, however according to the tree inventory, the site would be difficult to develop in any way without the removal of trees. He mentioned that pine trees :and other varieties would be replanted on the property to replace the lost t~ti,$:~c~i;{ec~,up~;;~t he be treated the same as the surrounding office uses. .;: ' :~ ;:;: - "' ~.. ~:. ~:r~' Member Nosbush expressed Scern fi~~ie amount of trees lost, however expressed sympathy with the applicant;:ttj:~~;id,`2€~.~?~~tfP~ures of the property. He inquired 1: :.:: :• :.. about the ownership of the u~'i^.s=isii~'~~:i~i3~~.would be leased. Mr. Ficek stated the units would be sold for an average of $250,000. He disclosed that the individual owner(s) might lease the units. Chair Huusko expressed c owner due to the natural fe crowded, as proposed, and appease the neighbors. however stated sympathy for the [e stated the lot appears to be over ant consider another alternative to /oy City of Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 3 Mr. Ficek cxplained that the proisal would be well below the City's standards for building coverage and green spaC~:"He added that the City Forester has advised him not to plant trees in the root zone;2i~i~~;~-£~?;~;~Xees. - ::~ ...... ............ ...:~~f Planner Kirchoff discussed the 4rtunity for tree planting on the south side of the development. She explained thi#~~e sanitary sewer easement extends along Slater Road, where planting of trees is not permitted. She stated tree plantings could be installed on the east side, however the trees will need to be planted in such a way as to not encroach on the parking area. •.; Member Gladhill asked if down~i;~ng of ti4~~ievelopment is an option. .: Mr. Ficek explained that down34iing is nb'l~$n option. He stated the proposed project was reduced from the original ~ai:c~;:~U ;omits,;.~ stated if there were less than the presently proposed eight tihfi:s~~~:i~'ii£~3~32~ would not be economically feasible. Member Stackhouse questioned if the natural grasses are hearty enough for tree plantings. Planner Kirchoff opined that the :a,~p~i~.~t ~#i~pdtentially replant mitigation trees in the areas that house natural gr;~~~•fiiif'tliat t)3~: City Forester should be contacted in that regard. ~ - Chair Huusko expressed concern with the ~lairkt~'ing and the amount of tree loss. He asked Mr. Ficek if other options had been exploied in order to preserve trees. Member Steininger questioned the dedication amount required by tree mitigation for each tree removed. Senior Planner Mike Ridley e,R' at:#~a~'~{~~reservation ordinance states that tree mitigation is required iitid:~ertainentage of tree removal is exceeded. He stated the applicant is encour~,e~l to repl~t the trees, if space permits. . }•~ : {~~ Member Kaess moved, Mem.. ~ ~ ~3iwi3#]~ ~ ~~ ~ 3~eisfi~ef[1 a motion to approve a Preliminary Planned Development for eigjif'T'$~vnoffices on Outlot A, Prairie Oaks located south of Cliff Road and west of TH 77 (Cedar Avenue) on Slater Road in the NW '/< of Section 31 subject to the following conditions: 1. The applicant shall enter in~t~ ~~!t~i: • .~ ~ ~~ finned Development Agreement with ~::. the City that shall be recga:i#~y~'at the Dak0'Et~;{,~ounty Recorder's Office. 2.. This Planned Developmeiit~fS for Townoffic+Z~:: Residential occupation/uses shall be prohibited. ~ ~~:~~~ : ~ f ~~: f:~ .f: ~~• .... ............. ...•.Y:{ /~S - -__ City of Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 4 3. The term of this Planned Dev~ment shall be five years. 4. The applicant shall enter into ec~inal Planned Development Agreement with the City. The following exhibits afe'necessary for the Agreement: a. Final Site Plan ''' •~^'~ - b. Final Building Elevatfctiils~I~~$ti~~••.-..... ~f~f c. Final Tree Preservatio~~'lan d. Final Landscape Plan::::: e. Final Lighting Plan . f. Final Signage Plan • 5. The landscape plan shall be prepared by estate-registered landscape azchitect or certified nurseryperson. !: 6. The landscape plan shall be wised to:'~•''.'sorporate the following: a. The grading plan sha~}~e incoi~irated into the landscape plate. b. Screening 3 feet in lie~ght and ~~:percent in opacity shall•be provided along the east and sQ~Ytl~~~,;1, ::::... c. Plantings shall be v~iec#~44~~scoii~~3i~y in species. d. Deep root plantings shall be prohibited in the 30 foot sanitary sewer easement. e. Coniferous plantings shall be set back from the curb around the parking lot. f. Plantings shalt be prohibited withi~t:t~~cpDof of parking area. g. Minimum ~andscape.xerltusC~i#S;~I1~'be met in addition to the required tree mitigation. ~~::~:~~= ~''~' ~ ~:~:=: h. An irrigation system.s~t~.~#;#~e;.provit#ed. i. Noise abatement along•'I'~ ~~'s~ial:};~.ancorporated into the plan. 7. Architectural relief shall be provided ori~'thir~{iD~the units (abutting Slater Road) with use of varied material and building'pfacement. 8. The three parking stalls in the center of the site shall either be eliminated from the plan or reconfigured to provide smoother access. 9. Wall and pole-mounted light fixtures shall be shielded to reduce glaze. 10. All light fixtures on poles shy}~'s1~S;exceed 2Q:fext in height. 11. Freestanding signage shalj;~#p~y~tbl:#:?~?:?Code. .~::::• 12. Wall signage shall be limi#~'to 6 s feet per unit and shall'not be illuminated. 13. All mechanical equipmer~~iall be ~cr~ened from public rights-of--way and properties with different F u~g.~;e~i~ations. :~ ;r A vote was taken. ~~~~""' Aye: Kaess Nay: Chair Huusko, Members Ben~t,;Nc~shush, Steininger, Segal, Gladhill and Stackhouse. ... ~'f ''~ Motion failed 1-6. "' .... ~~ Ion `"_ City of Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 5 Member Nosbush moved, Member :$endt seconded a motion to deny a Preliminary Planned Development for eight Tt,~jiyipoffices on Outlot A, Prairie Oaks located south of CliffRoad and west of TH 77 (Cedaz Avenue) on Slater Road in the NW `/a of Section 31. _ ::s'' ~~:+.- f ..... ............ ..:off Chair Huusko explained his oppgon was due to the amount of tree toss and a deficiency in parking. He stated J the property would be hard to develop; however other options are available. Member Segal concurred with page seven of the Staff Report, under findings that states: Overall, the site plan, as vn, does not appeaz to benefit the community to a greater degree than if the site wl develd under a traditional commercial zoning s:~~ . district. The applicant is not pro~t~t#mg a ns~•e environmentally sensitive'site plan in exchange for flexibility in minim zonii~standards. Member Stackhouse stated prope4j*~eii2t~~•Y~:.~n rights, however, in this case, the tree loss is severe. She expressed concern that the adequate steps have not been taken to accommodate for the tree loss. _ •• Member Kaess stated that he would vote against the,rpotion due to the rights of the property owner. He explained that if the op~,p~;od:jc°tdents, or the City would like to see the trees retained or a differe~t.~cie:~??~:~p3r31 bti'the property, they should purchase the property. ~: . ;~: Member Steininger expressed his~opiit.~e;original property developer created the hardship by leaving the subject property ~~stxt~?~ant. A vote was taken. Motion carried 6-1 (Kaess). Member Segal moved, Mem' Subdivision to create nine log property legally described as west of TH 77 (Cedar Avenu previously stated. A vote was taken. Motion carried 6-1 (Kaess). ft's" " '" r;~ a motion to deny the Preliminary ~.::~• 2.82 a~Z•a`~'~Covington Townoffice Park) on of A, Px~ne Oaks, located south of Cliff Road and , ~late}~~ad in the NW %. of Section 31 for reasons ..... ~' Stir. ~:• .!ti. • ~ :. t { ` :... ............. • ...tiff li /07 - PLANNING REPORT CITY OF EAGAN REPORT DATE: May 23, 2002 CASES: 31-PS-03-03-02 31-PD-O1-03-02 APPLICANT: Davern, Inc. PROPERTY OWNER: Prairie Slater, LLC HEARING DATE: May 28, 2002 APPLICATION DATE: May 9, 2002 REQUESTS: Preliminary Planned Development PREPARED BY: Cynthia R. Kirchoff Preliminary Subdivision LOCATION: Slater Road south of C1iffRoad (Outlot A, Prairie Oaks) COMPREHENSIVE PLAN: O/S, Office Service ZONING: PD, Planned Development SUMMARY OF REQUEST Davern, Inc. is requesting Preliminary Planned Development approval for eight Townoffices and Preliminary Subdivision approval to create nine lots on 2.82 acres (Covington Townoffice Park) on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west of TH 77 (Cedar Avenue) on Slater Road in the NW '/< of Section 31. 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 /ar Planning Report -Covington Townoffice Park May 23, 2002 Page 2 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 tirriely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 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). 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; /0 9 Planning Report -Covington Townoffice Park May 23, 2002 Page 3 (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." CKGROUND/HISTORY The subject site was originally part of the Winkler-Jackson Planned Development, approved in 1982. The property was to be developed with LB (Limited Business) uses. In 1998, the property was platted as Outlot A, Prairie Oaks. Office buildings occupy Lot l and 2 of Prairie Oaks to the north. A 30,000 square foot building was proposed for the site, however, the plans were not approved and it was platted as an outlot due to the proposed amount of tree loss and neighborhood opposition. The development of the site was to be addressed at a later date. EXISTING CONDITIONS The site is can-ently vacant. Significant trees cover the property. A Type 2 wetland extends north and south along the west property line, which abuts Slater Road. A 30 foot sanitary sewer easement extends along Slater Road. The parking lot for the office building on the properly to the north (Lot 2, Block 1, Prairie Oaks) was extended to the property line to provide access to the subject site. Topography ranges from a high of 958 feet at the southeast portion of the property to a low of 940 feet near the existing wetland on the west. Clearly, the combination of existing woodlands, wetland, and topographic change make this a very challenging site to develop. SURROUNDING USES The following table displays existing uses, zoning, and land use plan designations surrounding Outlot A, Prairie Oaks: Existing Use Zoning Land Use Designation North Office PD, Planned Development OJS, Office Service South Single Family Residential PD, Planned Development LD, Low Density East TH 77 West Single Family Residential PD, Planned Development LD, Low Density //D Planning Report -Covington Tow~noffice Park May 23, 2002 Page 4 EVALUATION OF REQUESTS I. Preliminary Planned Development Proposal - The applicant proposes to develop the site with eight "Townoffices" as a one phase project. The offices will be housed in units that have the appearance of attached townhomes. Four, two unit groupings are proposed for a total of eight units. According to the applicant's narrative, "Townoffices are `residential friendly' in nature, being rambler style with full basements, gabled-shingle roofs, and exterior finishes of siding and brick." Each office unit is proposed to be a one story, walk out design with 2,688 square feet of floor area. The original Winkler-Jackson Planned Development designated this site for LB (Limited Business). Offices are permitted uses within the LB zoning district. Access is proposed via Slater Road. A portion of the existing wetland will be filled to create the access. The proposal exceeds the allowed percentage of tree removal. The site plan indicates that required building and parking setbacks from TH 77 (Cedar Avenue) will not be met. Also, the site plan does not comply with minimum parking stall size and is deficient in the number of parking stalls proposed for the office use. Compatibility with Surrounding Area - The subject site abuts Slater Road and TH 77 (Cedar Avenue). Office uses are located to the north and single family dwellings are to the west and south. The architecture and exterior materials of the office units resemble adjacent residential structures. An office use appeazs appropriate because of the site's proximity to TH 77. ArchitectureBuilding Design -The elevation plans indicate the exterior materials of the units include: cement board siding and face brick for exterior elevations and cedar shakes and asphalt shingles for the roofing materials. Colors of the materials have not been submitted for staff review. Detailed plans indicating colors will be required to be submitted for the Final Planned Development. As previously mentioned, the office units will be a one-story, walk out design. Windows are provided on all elevations. A covered porch with columns delineates the front entry to each unit. The rear elevations appeaz to lack interest. That is, window and materials placement are too symmetrical. Staff recommends that relief be provided with the use of materials or building placement. Bulk Standards - Since the original development used LB (Limited Business) as its guide, this proposal was reviewed under the LB zoning district minimum and maximum standards. Setbacks - As the table below indicates, the proposal does not meet the required building and parking setbacks from Cedar Avenue. Further, the staff recommended 50 foot building setback from the adjacent residential is not proposed to be met. /// Planning Report -Covington Townoffice Park May 23, 2002 Page 5 Setback Building Parking Ordinance Proposed Ordinance Proposed Front yard: Cedar Avenue 50 feet 26 feet 20 feet 10 feet Front yard: Slater Road 30 feet 86 feet 20 feet 148 feet Side yard: north property line 10 feet 33 feet 5 feet 94 feet Side yard: south property line 50 feet* 45 feet 50 feet* 60 feet 'Staff recommended setback based upon existing natural features and adjacent land use. It should be noted that the City approved reduced setbacks from Cedar Avenue for the office uses to the north. Building Coverage - A maximum of 20 percent of the lot is allowed to be covered with buildings. The site plan indicates the total building coverage is 8.7 percent. Green Area - A minimum of 30 percent of the site is required to be green azea. The proposal will maintain 67 percent pervious area. Building Height - Building height is limited to 30 feet in height. The elevation plans indicate the building will be 24 feet in height on the rear elevation and 13 feet on the front. Landscaping -The landscape plan is not acceptable. Variation in species and placement should be incorporated into the plan. Numerous trees are proposed to be planted in the 30 foot sanitary sewer easement and in the proof of parking azea. Parking is not appropriately screened from TH 77 and the Zoning Ordinance requires landscaping to equal three percent of the building value. The plan indicates that 80 White Spruce trees are proposed to be planted on the site. Staff recommends that another coniferous species be also used to add variety to the plan. A 30 foot wide sanitary sewer easement extends along Slater Road. This easement must be void of deep root plant material. Shrubs or shallow root plantings may be permitted within this easement. Also, landscaping is proposed within the proof of parking area. Staff recommends plantings not be placed in this azea, based upon the proposed deficiency of parking. The Zoning Ordinance requires parking to be screened from public rights-of--way and properties with a different land use designation. The landscape plan indicates White Spruce trees are to be planted along the property line abutting TH 77 and the residential to the south. The plantings are too crowded (less than 10 feet on center separation) and lack variety. Staff recommends the plantings be set back from the curb, varied in species, and staggered for optimum screening and growth area. The total amount of landscaping does not appear to equal three percent of the building value, as required by the Zoning Ordinance, particularly after the deep root plantings are removed from the //.~ Planning Report -Covington Townoffice Park May 23, 2002 Page 6 30 foot sanitary sewer easement. Staff recommends that additional deciduous understory and overstory and coniferous be installed on the site. The retaining wall shown on the grading plan has not been incorporated into the landscape plan. A comparison between the two plans indicates that the location of the proposed retaining wall and White Spruce are inconsistent. The landscape plan should be placed over the grading plan. Parking -The site plan indicates that 78 parking stalls are proposed for this development. Ten of the parking stalls are shown in the 32 foot wide drive aisle. Another 13 stalls are shown as proof of parking. The zoning ordinance requires one stall per 150 square foot of net leasable floor area. Thus, this development would require 122 parking stalls, at a minimum. The parking stalls are proposed to measure nine feet by 18.5 feet. The zoning ordinance requires stalls to be 10 feet by 19 feet. According to the applicant's narrative, only 8.5 stalls are needed per unit or one stall per 316 square feet will be provided. Each unit has 5 to 6 offices, which equates to approximately 7 occupants. At a minimum, 56 stalls would need to be provided just for the tenants of the offices. With the parking provided only 22 stalls will be designated for visitors. The parking lot configuration appears to be appropriate, however, the three parking stalls in the center of the site are awkwardly located. It maybe difficult for vehicles to exit the property. These stalls should either be reconfigured or eliminated from the plan. Trash Enclosure - The trash enclosure is proposed to be constructed of siding and brick. It is shown detached from the principal structures. The Zoning Ordinance requires that trash enclosures within commercial zoning districts be attached to the principal building. The applicant has indicated that an attached enclosure is not possible due to site topography and aesthetics. Further, the applicant contends that operable windows on the units may allow dumpster odor to enter offices. Li htin -The lighting plan indicates that 121ight fixtures on poles are proposed for this development. Illumination levels will not exceed .5 footcandles at the property line except for Slater Road. The plans do not indicate the height of the poles. Staff recommends that the poles not exceed 20 feet in height and that all light fixtures be shielded to reduce glare. Signage -The sign plan indicates that a 5 foot tall internally illuminated monument sign is proposed along Slater Road. It is proposed within the 30 foot sanitary sewer easement. This will not be permitted. Further, the sign ordinance requires free standing signage to be set back 10 feet from property lines. It appears as though the sign does not meet the required setback and encroaches into theright-of--way. The sign will have to be relocated to comply with minimum ordinance provisions. The applicant has proposed that a maximum of two wall signs not to exceed 6 square feet per unit be permitted. Staff finds the amount of signage to be acceptable for this type of use. //3 Planning Report -Covington Townoffice Park May 23, 2002 Page 7 Mechanical Equipment - The site plan does not indicate the location of mechanical equipment. Any such structures shall be screened from public rights-of--way and properties with a different land use designation. Planned Development Standards -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; 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." Finding: The site will be altered substantially and the proposal does not seek to preserve existing conditions. Overall, the site plan, as shown, does not appeaz to benefit the community to a greater degree than if the site where developed under a traditional commercial zoning district. The applicant is not providing a more environmentally sensitive site plan in exchange for flexibility in minimum zoning standards. Term - Staff recommends a five year term for this Preliminary Planned Development. II. Preliminary Subdivision Lots - The applicant proposes to subdivide 2.8 acres into nine lots, eight of which are for offices. Lots 1 through 8 are proposed to be 33 feet wide by 70 feet deep (2,310 square feet). Lot 9 is proposed to be the remainder of the site or 2.4 acres (or 104,183 square feet) and is to be maintained by the Townoffice Association. No buildings are proposed for Lot 9. Subdivision Ordinance Standards - The property has unique natural features that aze substantially altered or removed with this development proposal. Significant tree removal is proposed and the existing wetland is to be partially excavated. While the proposed building coverage is low and the amount of green azea is high, it appeazs as though the site may not be physically suitable for the proposed intensity of development, because much of what is unique about this property will be altered with this plan. Tree Preservation - The tree inventory submitted with this application indicates that there are 85 significant trees on the property. Individual tree size and species break down as follows: /~y Planning Report -Covington Townoffice Park May 23, 2002 Page 8 Species Avg. Diameter Dia. Range Count Percent of Total Bur Oak 20" 6"-29.5" 57 67 Black Cherry 10" 6"-12.5" 13 15 Cottonwood 14" 12"-15.5" 8 1 The balance of the tree inventory is comprised of willow, smaller red oak and box elder trees with average diameters of 10 inches. The proposed development will result in the removal of 71 significant trees (or 83.5 percent of the total). According to the City of Eagan Tree Preservation Ordinance, allowable tree removal for this type of development (i.e., single-lot, commercial) is 30 percent of the total number of 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 116 Category B (2.5 inches in diameter for deciduous and 6 feet in height for coniferous) trees. The Tree Mitigation Plan that shows fulfillment of Tree Preservation requirements through the installation of 87 Category B trees and the balance of required tree mitigation through cash payment of $8,700.00. However, staff has reviewed the proposed tree mitigation plan and has the following comments. 1. Mitigation trees are spaced too closely, (i.e., spruce trees 10 feet apart, red oaks 12 feet apart). 2. Mitigation trees are situated too close to parking lot curbs (i.e., 5 feet from curb). 3. Mitigation trees situated in critical root zone areas (i.e., under the canopy of large, preserved oak trees). 4. Mitigation trees are located in the 30 foot sanitary sewer easement. Further, tree mitigation should be in addition to the minimum landscaping required in the Zoning Ordinance. With the deep root landscaping prohibited in the 30 foot sanitary sewer easement, all tree mitigation will have to be installed on the east portion of the property leaving restricted space for minimum required landscaping. All of these situations need to be corrected, and a revised Tree Mitigation Plan submitted. Wetlands/Water Quality - This 2.8-acre parcel is located in the City's A-watershed. The development proposes to meet the City's water quality requirement to treat stonnwater runoff from the site by directing stormwater to a proposed treatment basin. The existing wetland is to be excavated to act as a stormwater treatment facility. Requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, pazking lots, driveways, and walks). Therefore, a minimum wet-pond volume of 0.22 acre-feet covering an azea of 0.15 acres would be needed to treat the stormwater generated by this development. /~s Planning Report -Covington Townoffice Park May 23, 2002 Page 9 A wetland delineation report indicates that there is one wetland totaling 0.4 acres on this parcel. Under the classification system of the Fish and Wildlife Service, this is a Type 2 wetland, which is an inland fresh meadow vegetated primarily by reed canary grass, with some lake sedge and river bulrush and an inland shallow fresh marsh with soils that are usually covered with 6 inches of more of water during the growing season. Vegetation may include grasses, bulrushes, and other marsh plants. The Minnesota DNR does not designate this as a public water wetland. The wetland is under jurisdiction of the Minnesota Wetland Conservation Act (WCA), which regulates draining and filling of all natural wetlands and excavation of certain types of natural wetlands. This program is administered by the City of Eagan, which acts as Local Government Unit (LGU} for WCA issues. It is highly probable that federal jurisdiction via Section 404 of the Clean Water Act-administered by the U.S. Army Corps of Engineers-does not apply to impacts to this wetland due to the wetland's isolation from federal navigable waters. The applicant has submitted an application for exemption from WCA replacement for impacts to the wetland. The grading plan indicates that 1,800 square feet of the wetland will be filled for site access. Up to 2,000 square feet of fill is allowed within the de minimus exemption for Type 2 wetlands. Also, excavation of Type 2 wetlands is not subject to replacement provisions of the WCA. Under authorization by the City Council, the water resources coordinator has been granted LGU decision making authority over such matters as wetland exemption requests. In an effort to restore the aesthetics and integrity of the water body, staff recommends that a 30 foot natural, undisturbed vegetation buffer outside the boundary of the wetland be maintained before, during, and after construction. Noise Abatement - A noise abatement plan is required when a plat abuts a freeway, major arterial or other area that generates high volumes of noise. Abatement shall be accomplished by the use of berms, vegetation, walls or combination of the three. Since the site abuts TH 77, a plan should be prepared, however, the landscape plan does not appear to address noise abatement. Erosion Control - Proper installation and effective maintenance of erosion control practices is needed to prevent and minimize soil loss and impacts to down-gradient resources and water quality. This development is subject to the City's recently codified land disturbance and erosion control regulations. Gradin -The preliminary grading plan is acceptable. The site is heavily wooded and generally slopes to the west toward the existing wetland near Slater Road. A majority of the site will be graded in preparation for parking lot and building construction. Storm Drainage -The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain to the existing wetland near Slater Road. This wetland will drain via storm sewer to Pond AP-lOB north of Lot 1, Block 1 Prairie Oaks Addition. The existing //6 Planning Report -Covington Townoffice Park May 23, 2002 Page 10 wetland is proposed to be expanded in volume on site to accommodate the drainage from the development. Utilities -The preliminary utility plan is acceptable. Sanitary sewer is available for connection along the west edge of the site. Water main is available to the south for connection by the development. Streets/Access/ Circulation -Public street access is proposed from one location onto Slater Road. Slater Road is a 44-feet wide minor collector roadway designed to accommodate up to 7,000 vehicle trips per day and will be able to handle traffic from the proposed development. In 2001, traffic counts for Slater Road in the area showed daily (24 hour period) counts of 2,700 to 3,800 vehicles. This development is estimated to generate approximately 250 average daily vehicles, with approximately 75 percent of this traffic coming from/ going to the north, and 25 percent traveling to and from the south on Slater Road. Easements/Rights of Way/ Permits - A 30-foot wide drainage and utility easement extends over the existing sanitary sewer runs along the entire west edge of the property. Large-growth landscaping shall be prohibited within this easement. Townoffice Association - The applicant has noted that an association will be responsible for snowplowing and landscaping, building, and parking lot maintenance. Documents establishing the association should be prepared by the applicant and submitted to the City prior to Final Subdivision approval for City Attorney review. Advisory Parks Commission - On May 20, 2002, the Advisory Parks Commission reviewed this item and unanimously voted to continue the request until the next meeting so the applicant could revise the landscape and mitigation plan. The APrC is scheduled to review this application at their June 17, 2002, meeting. Park and Trail Dedication - The Winkler-Jackson Planned Development indicated that a trail would be located along the east side of Slater Road. The trail was constructed on the west side instead. Therefore, this development should be subject to a cash park and trail dedication. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Planned Development and Preliminary Subdivision to create nine lots for a Townoffice development on property zoned PD (Planned Development). Since the applicant is only requesting preliminary approval, the proposal will require Final Planned Development and Final Subdivision approval. The proposed development does not appear to be site sensitive. The development plan proposes to exceed maximum allowed tree removal and alter the existing wetland. Further, the proposed size and number of parking stalls do not comply with minimum standards established by the //7 Planning Report -Covington Townoffice Park May 23, 2002 Page 11 Zoning Ordinance. Further, parking is proposed to encroach into minimum setbacks. The landscape plan appears insufficient and appropriate tree mitigation is not shown on the plans. Although the property is an extremely difficult site to develop, a proposal could be more sensitive to the existing environmental conditions. The site will be virtually void of vegetation, which is inconsistent with the intent of the Tree Preservation Ordinance. In essence, it does not appear as though the City is receiving a benefit for the flexibility the applicant is seeking in the enforcement of minimum bulk and zoning standards. The appropriateness of a Townoffice development on the subject site is considered a policy decision to be determined by the Advisory Planning Commission and City Council. ACTIONS TO BE CONSIDERED I. To recommend approval of a Preliminary Planned Development for a eight Townoffices on Outlot A, Prairie Oaks located south of Cliff Road and west of TH 77 (Cedar Avenue) on Slater Road in the NW'/4 of Section 31. If approved, the following conditions should apply: 1. The applicant shall enter into Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. This Planned Development is for Townoffices. Residential occupation/uses shall be prohibited. 3. The term of this Planned Development shall be five years. 4. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: a. Final Site Plan b. Final Building Elevations Plan c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Lighting Plan f. Final Signage Plan 5. The landscape plan shall be prepared by astate-registered landscape architect or certified nurseryperson. 6. The landscape plan shall be revised to incorporate the following: a. The grading plan shall be incorporated into the landscape plan. b. Screening 3 feet in height and 75 percent in opacity shall be provided along the east and south property lines. c. Plantings shall be varied to provide diversity in species. /~8' Planning Report -Covington Townoffice Park May 23, 2002 Page l2 d. Deep root plantings shall be prohibited in the 30 foot sanitary sewer easement. e. Coniferous plantings shall be set back from the curb around the parking lot. f. Plantings shall be prohibited within the proof of parking area. g. Minimum landscape requirements shall be met in addition to the required tree mitigation. h. An irrigation system shall be provided. i. Noise abatement along TH 77 shall be incorporated into the plan. 7. Architectural relief shall be provided on the rear of the units (abutting Slater Road) with use of varied material and building placement. The three parking stalls in the center of the site shall either be eliminated from the plan or reconfigured to provide smoother access. 9. Wall and pole-mounted light fixtures shall be shielded to reduce glare. 10. All light fixtures on poles shall not exceed 20 feet in height. 11. Freestanding signage shall comply with the City Code. 12. Wall signage shall be limited to 6 square feet per unit and shall not be illuminated. 13. All mechanical equipment shall be screened from public rights-of--way and properties with different land use designations. II. To recommend approval of a Preliminary Subdivision to create nine lots on 2.82 acres (Covington Townoffice Park) on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west of TH 77 (Cedar Avenue) on Slater Road in the NW '/4 of Section 31. 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 2, 1993: B1, 4; C1, 2, 4; D1; E1 Platting 2. The property shall be platted. Parks and Recreation 3. The proposal shall be subject to cash park and trail dedication. /i9 Planning Report -Covington Townoffice Park May 23, 2002 Page 13 Tree Preservation 4. The building pads/lots shall be shifted closer together to reduce the amount of tree loss. 5. A revised tree mitigation plan shall be submitted. 6. To require that Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed 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. 7. To require that the applicant 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. Water Quality 8. This development should meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.22 acre-feet covering an area of 0.15 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 10 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. Wetland 9. To the extent practicable, a minimum 30-foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland should be maintained before, during, and after construction. Erosion Control 10. Erosion control practices should be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss and negative impacts to down-gradient resources and water quality. Easements 11. Large-growth landscaping shall be prohibited within the 30 foot sanitary sewer easement along Slater Road. Sao Planning Report -Covington Townoffice Park May 23, 2002 Page 14 Townoffice Association 12. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townoffice Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the Townoffice Association shall be recorded with the subdivision. 13. Lot 9 shall be owned by the Townoffice Association. No building permit shall be issued for Lot 9. /.1j STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 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 Ricahts-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over al{ 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-af-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 shalt 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. /az 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 alt 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 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 Approved: Auaust 25, 1987 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2. 1993 ~TSxs /~~ S7ANDARD.CON ,~ FINANCIAL OBLIGATION Covington Townoffice Park, 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 Water Lateral Water Availability Charge USE RATE C/I $29.701F.F. C/I 3,235/Ac QUANTITY AMOUNT 355 F. F. $10,544 2.81 Ac 9,090 TOTAL /~ y ;. $19,634 11~~~i J ®® m~ ®® m/; ®®~(,~®® ~ ~~ ~~ Eagan Boundary Location Map ~~P~.i~A~:~'~° Bulldlrty Footprint e ~~,~W' > _ "' `~ s is ,, ~ ~ 3 `~ ; s ~e~~ d~,o.~ ~ ,^, ~~ ~, A ~J ~ ~ e _ e '~V r .~.. "', i va ~ \ Y ti :~ ~ e d ~-~ Yf ~ry ;V' ~ y. ^~~ ^% ~• ~ '. ~ o~ ~~ v ~ ~ ~ ~ { - }' ® ® ~ © ~ ~,' . E '' '~ ~ n j -~ '"'~ ~ y d9 ~" ~ ui:J~4~... ~ FN .-..... ..... s 1 w~ _ ~ v r l,~ ~ Q ffi t ect Site s; ~~ un ~,,E "'e t. O iSj rs ~ h ^~ r ~ ~ V i./ i ~ , ....~+..- i ® ~ r ~ ~~ ~ ~ E= a i~ ~~ ~~ ~. /` ," .~„~~ Q rte, ~S 7 ~ j~ U ~~/ t 4 ~~ ~ ~ .~ v i' 1000 0 1000 2000 Feet Development/Developer: Covington Townoffice Park Application: Preliminary Subdivision/PD Case No.: 31-PS-03-03~D 01-03-02 Map a us yew 7.1 rul bsse rtup data provided by Dakota unty land Survey M and is tumor as of March 2002 ~1' E City of Eagan /~ TNIS MAP IS INTENDED FOR REFERENCE USE ONLY A~ r F 5 ~ ~ ~ The City of Eagan and Dakota County do not guarantaa tha accuracy of this IMormatlon and an g e-,,,e,e,rev pevrepm.nt Departrtane not rasponslpl• for errors or omissions. Covington Townoffice Park Current Zoning and Comprehensive Guide Plan Case No. 31-PS-03-03-02 and Land Use Map 31-PD-01-03-02 Zoning Map ~ U W PD L PD PD NB Current Zoning: LB A PD Planned Development ~ PD '~ * ~ ~ s~ ~ ~ .o o .o0 1mo s..~ j® v- i ' s o '' P R.1 I . ~~ Comprehensive Guide Plan Land Use Map ~ HD ~ ~ ~c , R W ~ RC RC RC R O!S Oi~ Current Land Use Designation: IS ., ' O!S ois ~ ~ Office Service ~ 4 ~i ~-+- J o LD P ® .oo o .o. faeo f«~ ® ~\ ~" ~ -.rc.t 6.w ~. Infe b o Y ah my ta~~ sw.Y o.wR~ Apn:OOZ N tenl.y Nfo .InLIMd lyCnY !LR City of Eagan 2 w ,: Community Development Department ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY s The City of Eagan and Dakota County do not guarantee the aeeufaey of this IMormatlon. 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I,..a...~u:~ ~ ,..:~.a ~ csi~u~ nox ,..,,...o..y.._.,. ,.~. t(1(1'Kl'li9 ww.wwY.uur•ourst.w RI{{ M/l •Y~ X17 t~R YIII ~ S~~H~~H~~~ ~ •~uIuJaAeQ tll lt~Uit1 I IYIl^It l CYt17 ~I ~''j ~II~ t ~~ ` ~~ --, ~ ION I~ I: ~ _ _ ~ ASF~ ENCLOSURE ~'~ ~ ~'~ NJIS 1N~Wf1NOW y ~~,~• ~ y 3'-0• IIii i~ ,~ ~, ~~ ~ { ~_~~ .:~~ ~_.~ o~ C a d ,~ ~o ~ ~ ~~ ~ y ~d ~,~~~ ~~ ~' ~ ~~ ~~ ~~ u d~ ~~ ~~ 9 ~~~~ I CUNDr, s4NTfNC t wssOC:A'sts ,4Or„o, ,,,R DaVcrn Iac. ( A x C H I T != C T S ?'-01- J ~ Coviai'~aa Tolle Omoe ~ ~ ~ 7l4 Ro Street I ~~ i i~ ~ :.hCe C~n~eif~ MV !li~6 YY ttRit.L~OM AVA~171j M. 7-IDRiYnt'M. LH/ M;t - •+i aV~.~~ GSl•256~4902 elt.+vn•i~t. U/ .~ ~ ~ ~~ ~ ~~ ~~ ~ ~ ~~ ~~ ~ .. r~r ... r r~_1.rl M ' • LIU~M.-lN A. r W f~~ rrYrle l.~r ^1{{ r~~orsi ~~~ s.c~ai~H~uv ' ~ •~ujtuant:Q nariaorrr •rrur•r ~ orna ... _~.. 'Pd ~O ~1 i ,. _ -r~ ~ ~ ~ S,~ V - `~ ~~ ~' Ag o ~ ~, ~ `' , 3 Z d ~ ~~ ,4O .- i ~' ~ ~ ~ ' 8. O ~ ~ it ~ ° ~ ~ r ~ ~ 3 a ~ ~~ g t'it p ~ < P a~ ~ ~ ~ ~ ! ~ t' i t i ~ f ~ ~~ E ~ i 4 ! ~ Su.'rF.R ROAD ~ ~ ~ ~ f Q ~ ~ ! i O- O• _~ /V V 1- LIGHTING PLAN z ~~ ~~~ W cn o U~Z ~o~ O~z a z ~SL n z U o > ~~ v w ~~ .x _. } _ . ~ ~pp ~o ••. ~M N~ ~ ~ l C < ~ r '" ,p'^, .~. ti ,~, g . n ~ ~ - r F y M~A Q s>; N ~ " ~ Ye Y ~~ 0 0 0 ~'~ g u lea X11 ~O- RSS4SSSSSA e-.,.w....4 U 3 ~ ~~~^ O °D < ~ _ ~~- F ~ ~ I Zu<X r ` Wau > .~- e 'Y O w ~' ~ ~~ v I S ti ~ auvs+ 1~ i~ ~ ~ t t~ ~ { W Y~ ~,, ;;, .. ,~ :/ , _ /~ '/ ~ iii' ~~~'~' \ ~y~, ~•::•:•'~'•~• . ~i 'i ` 'ice. i;~ ~' • .:• ;. ,.,: 1 - - '~ . "`• . \.;. •, \" .~_- ~~: _ #, ~ \ /.i ~ ~r"+3 3 1 Ta+~ G i. ;R s ~~ e~ ~. ' rI-~~ i s w - K ~~ ~ 1 ~1~ 1 I I ~• •y~.~/ 1 I I T'~ 1 1 1 '? 11 1 a i ; 3 / 1 '~- 1 ~ /1 ~ 1 1 1 ~ it 1 1 I I ., ., . /, / i 1 1 / 1 i i / -- ~1/ ` . ~T ~r`\. ~~ .\ .\ T __~. \ \. ~\ \ \ ~ .~ ~~ ~:.' DaVernln~. • s~~eaar • 'co>~~t • ~,urn~~~r • Covington Townoffice Park Eagan, MN The subject property is zoned for office. TOWNOFFICES, our product, are "residential friendly" in nature, being rambler style with full basements, gabled-shingle roofs, and exterior finishes of siding and brick. Zero lot line platting/construction carries the same type of individual ownership as a town house. Each unit in the 2 plex has 1344 squaze feet on each of the 2 levels. The topography of the property lends itself to walkout lower levels with additional windows. The concept provides the owner-occupied units an opportunity of affordable and permanent business office ownership. The city and neighbors can be assured of a perpetually pleasing/maintained project because of individuals' pride of ownership. Additional assurances of continued quality will be provided by an Association of owners. As in a town house complex, this Association will be self-governed and self-managed, being responsible for maintaining the integrity of the project via Association dues for insurance, snowplowing, lawn/landscape care, building and parking lot maintenance, plus reserve funds for future maintenance. We welcome Staff, Planning Commissioners, and Council Members to view the following projects which have been completed or are currently under construction. Cliff Cove- Hwy 13 & 117t° St.- Burnsville Blackberry- Blaine & Upper 55`s-Inver Grove Heights Aztec- Hwy 212 & Anderson Lakes Pkwy- Eden Prairie Fernbrook- Fernbrook & Hazbor Lane- Plymouth Forestview- 73td & Forestview Lane- Maple Grove Blackern- Rice St. & County Dr.- Little Canada Tanglewood- Hwy 49 &Tanglewood- Shoreview /3 7 3254 Rice Street Little Canada, iVfN 55126 (651) 256-4702 Fax (651) 2~6-4710 License #3499 (16 units) (31 units) (21 units) (18 units) (16 units) (17 units) (6 units) ~~, NARRATIVE Building/Parking Setbacks North Side- The adjacent building to the north was approved, built and is closer to the property line than the building on this project. The parking lot abuts the easement but is no closer than the adjoining parking lot. South Side- The design, construction, gabled;'shingled roofs, siding and brick on these Townoffices are truly "residential friendly" and compatible with the adjoining homes. The setback is 4~' rather than 50'. The proposed setbacks create minimal impact both along the freeway corridor and the residential neighborhood. Parking Variance The property's shape, size, topography, and wetlands posed a challenge. In a concerted effort to preserve trees, foliage, and a buffer between the neighbors, the parking shown represents 1 spot per 316 sq. ft. of building area. This equates to 8.5 stalls per office unit. 9' stalls were used which is standard in 8 other projects/cities. Less impervious surface also reduces the impact of storm water runoff. From experience, a typical unit layout has 3 offices and a reception desk on the main level and 2-3 offices down, totaling 7 occupants, thereby allowing 1 '/2 parking spots for clients/visitors. My request for the parking variances can best be illustrated in the following chart of projects that are complete or under construction. Attached are letters rationalizing my proposal. Proiect AQe City Total # Units Total Ratio Stalls Sq. ft. Stalls Per Unit Hamline Place 4yrs. Roseville 56,000 28 140 Tanglewood 3yrs. Shoreview 14,336 6 SO Blacktern 2yrs. Little Canada 40,992 17 134 Cliff Cove lyr. Burnsville 28,224 16 111 Forestview Maple Grove 37,856 16 133 Fernbrook Plymouth 47,040 18 137 Aztec Eden Prairie 39,648 21 199 Blackberry Inver Grove 79,296 31 249 Averages Covington Eagan 31,504 8 68 /3~ 1:400 5 1:286 8.3 1:306 7.8 1:254 6.9 1:284 8.3 1:353 7.6 1:199 9.4 1:318 8 1:300 7.6 1:316 8.5 ~~, As demonstrated by other cities and proven over time by existing projects, my request is reasonable- remembering that these units/offices are occupied as sold units with little to no turnover. Detached Rubbish Enclosure With the shape and topography of the property, the design/layout of the units does not lend itself to an attached enclosure. None of the 8 projects done or under construction have attached rubbish enclosures. Since these Townoffices have operable windows on all sides, dumpster/garbage smells are unacceptable, if the enclosure were attached to one of the units. Si~na~e Project sign is shown on architects drawing with each side to be lit and less than 30 sq. ft. Unit sign- 1 possibly 2 wall mounted signs per unit shall not exceed 6 sq. ft. per sign. Unit signs will have the address (#s only) in 4"-6" high letters and the balance of the sign letters shall be dictated by each owner. Tree Preservation Even though I am adeveloper/builder, tree preservation is a sensitive issue with me. Over the past 27 years, I have earnestly attempted to save trees, foliage, meadows, wetlands, ponds, and any other natural amenity. Though the impact of this project appears severe, I feel it is the best use and layout. I have reduced the density by 20% and subsequent parking stalls and stall size in order to preserve more of the natural amenity- trees. I respectfully request approval. iL~ David E. Ficek Da Vern, Inc. /39 Fr?Oi•t Virtua'. C+ s' i ce Supcort, In^. FAX ND. 5526469272 Fpr. 1? 2002 12:01PM P1 ~~~F~'I'K~' PROPI~~RTY MANAGEMENT, I,LC Jena w'estb}' 1'rt::dcnt b'~Ietie we,tby-Vice Ra.~acnt April l5, 200? To Whom It May Concern: Admini:;rtutt • Vinusi Uffiu Su~p~vt, Inc. I am the owner of Unit 11 in Cliff Cove Townoffice Park located at 2426 1 I'7''' Strut, Burnsville, MN, 55337. Cliff Cove is a project of DaVern II, Inc. Development Company. I moved two businesses into this Unit July 1~, 2001. I have been privileged to be a pan of this growing business community from the beginning. Our negotiations with DaV ern II began in November of 2000. We signed a Purchase Agreement in January of 2001 and closed June 25`x, 2001. The Owners' Association assumed control of the TownoPSee Patk on November 19'x, 2001, and Westby Property Management was contracted on the same day to manage the property on behalf of the Owners. We have found the plannin>z of DaVern XI, Inc. to be excellent. One of the issues we were particularly concerned about was how we might eventually $ll up this huge parking lot. We have since 5lled up the park with tw,`nty businesses. The car traffic has become very heavy. We even have a school bus that comes i~o the parking lot every school day. The driver is dealing with some injuries and so has a Chiropractic treatment at one of the businesses in our Park. Those of us who wor'_c at Cliff Cove have learned to park our cars in the middle or along the back row of parlan~ spaces in order to reserve the parking spaces in front of the five buildings for ow clients. Though our buildings are now filled with businesses we still have more parking spaces than we need. We are grateful for the carzful planning by DaV«a II this reflects. We have 16 units distnbutod among the 5 buildings in Cli$Cove Townoffice park. There are 102 general parking spaces, 4 handicapped reserved parking spaces and 3 parking spaces that three of the owners have blocked out for walking access areas into the parking lot. Our parking lot design is very effective. 5~cerely ' ~G~~ ~- oha C. Westby Wesiby Property Management ~a 1 ~ ;N Suese Bum8v21e, MN Sb337 S;z.saa.~'zx F2x: 952.6db.9272 E-mail: john@valosa.t:cm /y~ 'FCr•t U i r tun 1 0: ;ice Support , Inc . FAX N0. 5526469272 `Y F S '1' ~3 Y PROPERT ~IANAG IutL. W'estb~ -President aril 16, 2002 dir. David Ficek DaVean II, Inc. 3254 Rice Strctt Little Canada, S S 126 Dear David, Y E1~IFNT, LI.C Valerie Wcst6y- V,cc Prtstdent Apr. 17 2002 12:02PM P2 Administrator -Virtual Office Suppcx'l. Itle, It is time to give you as update from Cliff Cove Townofiice Park. I'm sure you are aware that all of the 16 units are now filled and the activity within our Park has become pleasintr y heavy. There are presently 20 businesses housed at Cliff Cove and obviously we are happy with the traflfic. we are delighted with our ~oew "business home." I want to shank you for the help you have been in meeting the needs of us owners. You have been particularly helpful to me as the manager of the Townoffice Park One of the things I have come to appreciate, David, is your plarming for our parking needs. The owners of the units have had to t-ain thcuxselvcs and their employees to use the parking spaces toward the back row of tha middle parking area in order to allow space for incoming diems near the buildmjss. Even at that, however, we have more parking spaces than we need now or will need in the future. That's not a problem and I'm not complaining. $ is nsce to have ampic spaces available so we dan't have to fight over the }ast spot. We do owe you a debt of gratitude for the planning for parking that went into the project. We just warn you to know that we are grateful. sincerely, ~ ~ C ~~ ohn c. w~tby Westby Property Management 2423 1 l7'" Strget Sumsvi119, MN 55337 552.64b.9250 Fax 952."040.9272 E-mash john:+vaiosa.corrt /y/ i ' ~ - l3LACI:TERN OFFICE PARK ASSOCIATION 3252 RICE S1'RECT LITTLE CANADA, tiI1NNL'SO"1'A 53126 P}lONE: (651)256-a 700 SAX: (651) 236-4701 April 17, 2002 Mr. David E. Ficek DaVern, Inc. 3254 Rice Street Little Canada, NI~t 5~ 126 Dear David: As an occupant, Association Vice President, and a member of the Board of Directors for the Blacktern Townoffice Association, I am pleased to inform you that this board has received no complaints/concerns regarding the quantity of parking stalls in this project. ~,~'e are approaching the third anniversary of completion/full occupancy. ~nc ely,~. /;' ~~~~~1~~ ~Yyvh. ~ iichael Trossen Vice PresidentlBoard Member 3242 Rice Street Little Canada, MN 55126 ~y ALiG-23-1999 16=30 NAC lNC 612 595 9t?37 P.6iiQ6 NORTHWEST ASSOCIATED CON°ULTANT3 GOMMUNITYPLANNINO OEStCN MArTKT,T RcSEARCH MEMORANDUM TO: FROM; DATE: RE= FILE NO: Little Canada Mayor and CIty Council Stephan Grittman August 23, 1989 little Canada •DaVern Preliminary P1aVPUD 758.08 - 99.15 DaVern has revised Its plat, now called °Blacktem Office Park", following additional engin®ering review and site plan issues raised by the City. The revision has resulted in a removal of one of thetown-office units, resufung In a 17 unit project, rather than 18 units as originally proposed. The building locations appear to msetthe 5a foot building setback from the shorefina, and the grading plan appears to show compliance with the r2quirvd 25 toot setback for undisturbed natural landscape, as r2qulred by the Shoreland Ordinance. )t was staff's understanding that the Watershed District had taken issue with setbacks from the wetland area which wvuid have significantly impacted the design of this project (as well as the ability to develop this site at all). The developer vtill need to provide documentation that these issues have been resolved. Staff had previous;y worked with the developer to estimate a parking demand which was more closely related to the probable parking requlremant for the site. The recommendation m2rir by atAff was tnr A r~surPm~+nt of t4it sparx~, ~n~rnxlmatefy 7.fi spaces per unit. Tfze applicant's new plan reduces the unit count, and increases the parking to provide this ratio of parking for t7 units. as noted in pur parking analysis for this project and for the City in general, this approach to parking Qemand would be consistent with our recommendations for changes to the City's zoning ordinance, as welt as with many other office parking standards around the Twin Cities and elsewhere. Tne parking area on the south end of the complsx would be difficult to access due to the configuration. Ho,,vever, by redesigning the flue angled spaces and the two parallel spaces on the end of the lot, a more aviceptable arrangement can be accomplished without losing parking spaces. The trash enclosure is shown in this area as we11. The applicant has indicated that a maintenance service would be collecting trash from the individual units so no single unit would b©too far from the trash enclosure area. ,,/ $ 7 7 5 :yAY2ATA 80Ut_EVARD. SUITE 555 ST, LOUtS PARK. MtNN-50'rA 5 54 1 6 PHpNE 6 1 2-595-9636 FAX B 1 2-593.9837 E-ySAtL lrAC cQ~YI~ITERIVE".CO!~ /~3 f~J ~~ ~~~/ JY ... .i ~V'~I .~~fJr \'~J JIlyJ - ~J. ~.. I ~`J :1~~ ~ G~ i -~..r .ri~G-~J-VI~~+ AUG-23-1999 25 31 NAC 612 595 983'7 P.02i~ Witty regard to architectural r~evtew, the Planning Commission expressed tt gQneral approval of tho building design and maferlals, re3Anlfng additional review as the project d®sl9n evolved_ At this time, the developer has yet to submit a landscaping plan, a primary component of the City's dosign review process. Since the e~denslve amount of tree removal vrrill result in a tree replacement requirement, it is recommended that final architecture! review tie cvnsldered try the Planning Commission and City Cvunail with the final plat and ilnai stage of the PUD. Pianntng staff recommends approval of the Preliminary Plat and Devolopment Stage PUi~ for Blacktam Office Paris, subJect to the Conditions recommended by the Planning - Commisslon In its Jury 8 report to the City Council {as addressed in this report), and subject to the recommendations of the City Engineer regarding grading and utility plans. As noted, this recommendation withholds architectural review approve! unfit the final PUO stage so ft may be coordinated with the review of the landscaping plan, pc' Kathy Glanzer 2 / ` , ~~ 90 'd 8E~b72b ~`=9 'ori XH.~ HQHtiH~ =1,11.IZ .~0 ~,.,I O CO ~ ~ i ~(l.i 3o-bG-~fl~! APR-19-'02 FRI 13:03 ID: BRUCE BATES DDS tt057 P01 BRUCE D. BATES, D.D.S. 2575 Harnline Avenue North Suite F Ttoseville, Minnesota 55113 On: April 19, 2002 To: David Ficek & Interested Parties From: Bruce D. Bates, D.D.S. Re: Adequacy of parking at Hamline P1a;,e Townafficc Plaza / Iiamline Place I am a practicing general dentist, located in Hamline Place office complex for approximately 19 years. I relocated to this location from asix-story office building in Roseville. During my occupancy at Hemline Place, T have served many years on the owners' association's Board of Directors and, in that capacity, have been aware of the various concerns of our owner/occupants. Hemline Place is a complex of 2R office units, totaling 56,000 square feet of offtce space. There are 140 parking spaces provided and striped for owners, employees, and clientele. An appropriate number of parking spaces are designated for handicapped individuals' parking needs. The parking needs of our offtce complex are met by the number of parking spaces that are provided. At times. the parking spaces and vehicle distribution may require parking a short distance, within our office complex, from the office being visited but I am not aware of occasions when parking spaces have not been available for our occupants and clientele. When T first relocated my dental practice to t-is office complex, i was surprised and pleased to have several of my patients tell me how much they enjoyed having parking spaces available immediately outside the door of my office (compared to their parking experience at our previous location within an office tower). ~ ~~ ~'~ ~}~ `V 4 ~ I /ys ~S'6 y ~~. ,~ ~~ ~~ ,-, ~ RESIDENT LETTER May 17, 2002 Ms. Cindy Kirchoff City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 Dear Ms. Kirchoff: I am writing to express my concerns regarding the proposed development in a wooded area off Slater Road. It is my understanding a developer is proposing four, two-unit, one-level townhomes that will be designed as office buildings. Adjacent to this property presently are two existing office buildings. In addition, we have Brianno's/Royal Cliff banquet facility and deli, Super America and Amoco stations. This is primarily a residential neighborhood, which now I fear has the propensity of developing into a commercial strip. Traffic will necessarily increase on Slater Road, a trend that continues to increase since its accessibility opened to Burnsville Parkway. It will be necessary in the proposed development to remove a band of tress, which certainly acts to buffer the traffic noise from 35E. We have lived in this neighborhood for 15 years. While not opposed to the development of Eagan, we feel our area has its proportionate share of commercial buildings. We are very dismayed at the thought of additional future commercial development and accordingly express the same. Sincerely, Barbara and John Bennett 4739 White Oak Court (651) 894-9467 ~~ 7 Jim and Beth Conway 4747 Burr Oak Street Eagan, MN SS122 (651) 882-8814 bethconway@cs.com )Vfay 18. 2002 Cindy Kirchoff City of Eagan 3830 Pilot Knob Road Eagan, MN 5~ 123 Ms. Kirchoff, We are ~rTiting to state our opposition to the plans being proposed for the wooded area on Slater Road. V4'e are opposed for the following reasons: 1) We wish to preserve the woods as an undeveloped azea for ecological reasons. 2) The intersection at Slater and Cliff Road is already a hazard. There are four piercings immediately after the turn south on Slater Road (two each for the Amoco and the SA Stations) which cause cars to come to abrupt stops only seconds after making the turn. More traffic for businesses would only exacerbate the problem and cause more accidents. 3) The light on Cliff to go south on Slater is a muhiple minute light. At peak times during the day, the turn lane gets backed up. More traffic would mean longer waits for people trying to enter the neighborhood to get home. 4) Slater Road is the ONLY entry for our neighborhood from Cliff Road. There is already too much traffic on Slater Road. We wish to preserve the neighborhood feel of the azea. For these reasons, we ask that the Slater Road wooded azea by left undeveloped. -~ ~, ~~ ~~ Beth and Jim Conway U Page 1 of 2 Cynthia Kirchoff From: BARBARA SCHMITT [schmittmn@msn.com] Sent: Monday, May 20, 2002 4:49 PM To: ckirchoff@cityofeagan.com Subject: Outlot A, Prairie Oaks: #31 PS 03 03 02 To: Cindy Kirchoff From: Jim Schmitt Subject: Outlot A, Prairie Oaks Addtion I understand Eagan is being asked to consider a proposed nine lot development, beginning with four two unit, one level commercial townhouses at a site on Slater Road, immediately adjacent to the Prairie Oaks Office complex. I am asking the planning commission to evaluate this proposal with very specific attention to the impact on the Slater Rd. traffic conditions. Anyone needing to use Slater Road is well aware that traffic volume has increased substantially in recent years and is quickly reaching a point where it is, at the minimum, reducing the quality of life for those of us required to use Slater in order to reach our homes and, more realistically, becoming a serious hazard for anyone traveling it as a through route, on a routine basis. My wife and I have resided at 2270 James Court for more than 22 years. During that period of time we have watched the area develop from a rural environment to it's present mixed use, highly populated configuration. As a concerned resident, I have participated frequently in the planning process as development has ocurred. To date, I commend Eagan for it's balanced process in weighing the rights of all stakeholders involved in a development zone. This is never an easy task. I am hoping that you will be most judicious in reviewing this current request in light of the very heavy traffic conditions we are experiencing from the following sources: Continued expansion of Brianos. Currently this combination delicatessen and banquet facility is still expanding it's business to the point where it frequently attracts more customers than it has parking accommadations. Traffic flow to the facility is growing, day and evening, Tuesday thru Sunday, fifty one weeks a year. . Continued expansion of both Super America and the Amoc Service Stations. Because of their locations and the subsequent access, egress limitations, they act as a major constricting point for anyone entering onto or leaving Slater Road. This frequently backs up traffic attempting to enter Slater from Cedar and Cliff, overflowing into the Cliff Road thru lanes. New traffic from the second, two story Prairie Oaks Professional Building. Those of us who use Slater are further challenged because sight lines to observe entrance and exit to this complex are limited. . Continued growth from parishoners attending daily events at Mary Mother of The Church, from evening educational programs, to weekend Masses and seasonal Farmer Market activity. The current traffic design, while eliminating some direct access to Cliff Road, places a major burden on Slater Road. . Continued growth from Penn Cycle, which also has attracted a significant customer base. The situation, at times becomes dangerous as pespective customers test bicyles on the frontage road and on Slater. . And, finally, the dramatically increasing traffic flow from those using Slater as a through road to the Bursnville Parkway. Unfortunately, no one can realistically be expected to maintain the speed of those people using this road to a posted 30 MPH. As an individual who frequently walks this road, I can personally attest to a high incidence of individuals x'20;'0? /f~9 Page 2 of 2 who exceed the limit and frequently fail to stop at the intersection of James Street and Slater Road. Unfortunately, with the increased use of Cliff Road and the limited alternatives to providing stacking lanes for the turn onto Slater, we who live in this area have seen a substantial increase in rear end type accidents at the traft:tc lights on Cliff. I can only visualize that this will be become more of a problem, with just normal increases in traffic. I encourage the planning commission to view the proposal with all of these factors in mind. Should you have any questions or need clarification of my concerns, please contact me by email or at 651 890 0385 s~?oio2 ~~ d z~ - May 17, 2002 Cindy Kirchoff City of Eagan 3830 Pilot Knob Road Eagan, IViN 55123 Deaz Cindy, I am writing in regards to the proposed development (townhouses) of the wooded area on Slater Road adjacent to the 2 office buildings that were recently constructed. I live a little further down offof Slater on Whispering Trail. I watched as the second office building went up and found it heartbreaking to see all those trees cut down. I often thought they better not develop any further and take out the small section of woods that divides the commercial azea from the residential azea. Now that that is exactly what is being proposed I have to voice my opinion in hopes of saving that small woodland. I believe Eagan prides itself on being a City of Trees. Please don't allow this little woodland to be swallowed up by so-called development. We have a lot of little ponds and wildlife in this area. I beg you to spare what little remaining animal habitat there is in the neighborhood. This little buffer between the busy intersection and the quiet residential area should not be destroyed! From a human standpoint, the intersection of Cliff and Slater is already quite busy. I regularly see accidents there and have been involved in a minor one myself. Adding more housing or businesses will only increase the traffic and make it more dangerous. Also most of the families in the area have small children and enjoy walking or bike riding along Slater Road because of the sidewalk. More traffic will make these activities more dangerous and less enjoyable. I believe I speak for the majority of residents in this azea. Please turn down this proposed development! Very_Sincerely, .. -" -..-, Susan Veum 2233 Whispering Trail Eagan, MN 55122 i~ ~ ~ _ _ I ~ MAY Z i LUUC ~~ ~ ~: I~ '~ %~ ~~-~~ 0000000000 tai/0'•:'199) 01:23 0000000000 QQQQ QQQQQQ PAGE 01 1~ta~ Zl' ~ zov2 A • '/ f • U rM. ~t~ `you -~~ t ~r~ A~l,u.~+h ~~~ fic ~k Gam' N Z +, Iu 5~iz P°s` C ` Qp . We o-~t, a~r '~ov~,rc~ ''ax `-kcts s~{c. m (~ µ'~ ~ ~ skl~ iK a~ wHOtc~,~v~c. ~ -~r~•c `~ ~ rk~ err / ~+ . t t' ~ ~iN"~`5 Yc stdt~~ ~.1 ~~~ . ~ -I~-+is rtwuu'~r~" ~}x,~ ~~ w~ ~ ~s c~ruci•( -~ ks ~'~. ''"~ ~`~i~'"' ' ~ `~ vttu.~ ~ 1~otsz Cl Q~•9 a~J ~,wc ~-,~.~ °~ ~ ~ s ~ q ~rvz ~ ~ ~~, was au ~...~.~. Ie~ ~,s~- 1~- w~(I we G~~._-~ ~:~ aS ~ ~ ~, 11~ VQ~, '~r~c5 •'1[ rnW' ~AtS Ce ~i 1t-e~ 4S~ ,~ • Q ~ ! I J ~C sW. ~ 0-~ ~`A~~-t~~2 "ts ~1't~~~Ck. S t L,~ js 2 V t ~ `~^ S 7~t.1h I tvYr C till ~ ~ '~ S ~ 4S `~V~CeS to oLC ~ ; S `4+t Crt1,t ~ ~'~" OGS vy~tlr ~- e~ ~Saw"Qe. S~e1~. -~ ,~ ~ • , ~-- ~`r`~--'``ass 3 a~u~-~- tS 3kG~- a5 `~ ha.u1 ~.~ ~w` r--Se a (tom ,~s Imo. ~„~. -~,,,~5 -~ p a.~ `~ a(1..~, ws .~, sor~.c ,,.ur ,,~,~ "~ ~"^ -ft's--~~ ~. ~P ~ . 9aw~~JtlWt- iS+(1~K~- ~ 'rix ~'~5~' ~°~' at* .- ewe` nu1k~ ~.+.'~C ~ S ~t ~tS 1.i rTH 4XtK Gt,V~ oN~ ~G~~ ~ ~ {~~ c.ts~ ~ s t~'ka,f~-~•~ ~.~ awl 19 flay 2002 Re: Proposal for Business Development on Slater Road To: Eagan Planning Commission W'e are writing this letter to ask that this proposal be rejected. Traffic levels Gave continually gotten worse along Slater Road since it was connected to Burnsville Parkway. When the last 2 office buildings were built, the traffic increased substantially to the point where it is now getting dangerous. People looking for the office buildings often miss the turn and use the neighborhood streets to turn around on, adding extra traffic to these side streets where people are walking, riding bikes, etc. vlany people miss Slater Road altogether and head east on Cliff Road in order to use the parking lot at Mary, Mother of the Church. They then cut across to the side road to get to Slater Road, which is very dangerous as drivers can not see cross traffic or pedestrians as they come out from behind Super America. In addition, most of these drivers seem to ignore the speed limit signs. Accidents seem to occur daily at the Cliff Road/Slater Road intersection. It is not safe for our children to ride their bikes on Slater Road anymore. The trees along Slater Road offer the neighborhood a buffer from the sound that comes from Cedar Avenue. Years ago noise from traffic along Cedar Avenue was only a problem during the day. Cedar Avenue is now used 24 hours a day and the only sound barrier we have left is the grove of trees where this proposed office area is to go. In addition, the trees are home to deer and other wildlife. There is also a small wetland area on the land. At the entrance to our neighborhood we already have 2 gas station/convenience stores. Behind them is a large banquet and meeting facility plus another business. There is also a large open area that is zoned commercial in between all of this. We currently have 2 large office buildings and now are being asked to tolerate 1 more. We feel that our neighborhood has more than its fair share of businesses and should not be required to take anymore. The traffic and noise have already lowered the quality of living we have here; please do not make it worse for us' Sincerely, ~'YLI.LiJ J nice L: S'~v~anson Michael W. Swanson 237 James Street Eagan NiN 55122 651-882-2967 ~~ ~~, May 20, 2002 Tem~ L. Severson 2180 James St. Eagan, MN 5~ 122 Cindy Kirchoff City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 Dear Planning Commision: iViy home is very near the new proposed plans for the wooded azea on Slater Road adjacent to the 2 office buildings that were recently constructed. My home and my family would be impacted very negatively if you go through with these plans. We moved into our home just a little over a year ago and have been very happy with the beauty surrounding our home. We live across from Slater Acres Nature Park and love the beauty of the mature trees and how keep noise levels aze kept down and add so much to our lives. It never occurred to us that someone would try to take that beauty of the trees away from us. We also do not want Slater Road to be a busier street with traffic and if you put in these to~tinhomes there will be a busier street. This is not in the best interest of the taxpayers that live in this azea who have children who would be more at risk for getting hit by a caz. There are few residential azeas azound that can compaze with the beauty of this area. Why would you want to strip the land of it's beauty and make the azea cheapened by office spaces, townhomes, etc.? I would feel as though the azea would be cheapened if these projects go through. We did not move into this beautiful azea to have it pulled apart and made into just another comercial project. We lived in a city prior to this where many townhomes, apartments and commercial facilities were built. Our home value was brought down significantly when these sites were built. We eventually moved away from that area because of all of the changes to our neighbor hood. I will oppose this stripping of the land and building of new townhomes and office spaces as long as I live here. Please reconsider your plans and do not change Slater Road by stripping the beautiful trees and cheapening the area with office space and townhomes. The extra traffic would be terrible for everyone in this area. DO NOT GO THROUGH WITH THE PROPOSED PLANS!!!!!!! The proposed plans DO NOT BENEFIT IV1Y FAMILY OR THE NEIGHBORHOOD. /~..~ .> PLEASE FIND ANOTHER GEOGRAPHIC AREA FOR THESE OFFICES IF YOU MUST HAVE THEM. DON'T RUIN OUR NEIGHBORHOOD WITH A VERY UGLY SCENERY AND MAKING EXTRA TRAFFIC AND PUTTING LIVES AT RISK!!!!! Thank yQU, .- - T Sev son 180 James St. Eagan, Mn 55122 ,/, Ss ~ MAY 2 2 2002 Y May 20, 2002 Dennis Severson 2180 James St. Eagan, MN >j 122 Cindy Kirchoff City of Eagan 3830 Pilot Knob Road Eagan, MN X5213 Dear Ms. Kirchoff: Please include this letter in the package that goes to the Planning Commission regarding the proposed development of four 2-unit town homes in the wooded area on Slater Road adjacent to the two office buildings that were recently constructed. I am very much opposed to any more development in this area. And I am especially animate about this on account of the proposed site being a beautiful wooded area. We don't need to be cutting more trees: My wife and I have been residents of this neighborhood for f oeen months and one of the reasons we chose this area was on account of the beautiful well-kept homes and the balance achieved with nature. I believe that developing this area would tip the balance and detract from the beauty. In addition, traffic is already excessive at the intersection of Slater and Cliff Road. We don't need to be adding to traffic congestion! When exiting off Cedar (South) onto Cliff Road during rush hour, it is often difficult to negotiate a spot on the left-turn lane for Slater due to it immediately following the Cedar ramp. To add more residents to Slater will only add to the congestion and frustration! While four 2-unit town homes may not sound like much, I have heazd that the proposal includes dividing the land into nine lots-which means more development in the future! Please do not allow this process to begin. Thank you ~~ ~~~ Dennis Seve son /~G 2'~ ~ ~ m ~ MAY 2 2 2002 May 21, 2002 Ms. Cindy Kirchoff City of Eagan, Planning Department 3830 Pilot Knob Road Eagan, MN 55123 Re: Proposed Development on Slater Road Dear Ms. Kirchoff: This is to inform you that I am NOT in favor of additional commercial development that is being proposed on Slater Road just south of Cliff. The traffic levels, and the speed at which the traffic travels, on Slater Road is already at an intolerable and unsafe level. The addition of any additional office space will only increase the conditions that make the neighborhood unsafe for families with children. Please listen to the citizens and residents of the azea affected and let the Planning Commission know that we are opposed to the proposal. S ::~ ,~ MA's' 2 w _uuc .. ~1 ~~ 7: caic,y a~vvn 4913 Slater Road Eagan, iViinnesota 55122 stay 20`v, 200? Ms. Cindy Kirchoff City of Eagan 3830 Pilot Knob Road Eagan, MST 55123 Dear Ms. Kirchoff, I am writing to voice our opposition to the proposed commercial development on Slater Road. This wooded area has already sustained a dramatic reduction due to the recent development of the adjacent offce buildings. Further reduction would essentially remove all the trees that one stood on this Land which seems to run counter to Eagan's direction of priding itself as a community that values its wetlands and wooded areas as much as possible. Further, those of us that live in the area have already witnessed in increase in both the volume of traffic as well as the speed of traffic especially right in the difficult bend in Slater Road where this development is proposed. I fear additional traffic would compound this growing problem even further. Than for takine our input. Jo and Theresa Downes 22 1 Travelers Trail Eagan, MN 55122 /~ s ,. May 23, 2002 Ms, Cynthia Kir~off Project Planner Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Dear Ms. Kirchoff: I am corrcemed about further development immediately south of Qiff Road on Slater, spedfically the Covington Townoffioe Park. When making its decision, the Gty should consider the impact on the area as a whole as well as the proposed construction. Two primary issues are - Public Safety. This area is already heavily trafficked. • This development wilt add another driveway onto a curved road where traffic is heavy; there are no turn lanes; and driving above the speed limit is common. • There's a concern for the safety of children getting on and off sctrod buses. • Traffic has already irropased due bo more area residents (significant new housing) and the connection a couple of years ago of Slater to t3umsville Parkway. • There's a very short dlstanae (less than 1/16 mice} between the intersections of Cliff/ Slater and Cliff/ Cedar. Drivers run fights, try to maneuver across two lanes into already full left-hand turn lanes and frequently hit other vehicles. (An accident report is attact-ed. Since January 2000, the police have responded bo 69 rails at these intersections.) 2. Environmental impact. We need to consider the aesthetic appeal of the neighborhood, the importance of a visual bufiser to Cedar Avenue and the survival of area wildlife (fax, deer, groundhogs, mourning doves, egrets, ducks, etc.}. • This site holds mature deciduous trees. The majority of the site's signficant trees (71 of 85) are marked for removal. • This site is a green buffer between file residential area and the traffic on Cedar. It also provides some sound reduction. • This siUe is a wetland. It appears that some drainage has already ocr~rred. Was this a natural oocurrencP or otherwise? In addition, I understand that ground fil{ may be added to the site. What will this mean? Are vue destroying the wetland? Thank you for your careful consideration of this proposed devebpment as well as the larger community issues. Sincerely, Colleen t_. Kaney 10-Year Eagan Resldefrt, 4667 Wlldwood oc: Members, Oak Cfiff Ponds l-lorr>t~owners As.SOCiation Mayor Pat Awada; Coundl members Paul Baldcen, C~rndee Re1ds, Meg Tilley and Peggy Carlson ~~ 9 ::, :.1A FOi.TCF. DEPArZT14EN?' i _ ~ -- - ... - , 21-MAY-2002 (08:00) page 1 0. ~. r. !vC CALL-TYPE CALL-DESCR `ACV-YYYYl+IDH 'LOCATION .r. '. ,~+113 3444 ACCIDr-..,ll'-PD 2001D20B21 CLIFF / }IFTY 77 ~ t ~; `£ t , ' F :. ' 1u59~ 9444 ACCID~i'T-FD 2001021717 fir .~_. "nqg 9944 ACCSD3NS 2CC1021910 '- -~ l . ., +~.."53 9434 ACCIDENT-PD 2001022408 F=,. 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