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07/19/2005 - City Council Regulari AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING July 19, 2005 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGMTIONS & PRESENTATIONS A. PRESENTATION by Wyle Laboratories -Baseline Noise Measurements in preparation for the opening of O A. APPROVE MINUTES / B. PERSONNEL ITEMS ~ C. CHECK REGISTERS `D. ADOPT a Resolution Proclaiming August 2, 2005 as National Night Out in Eagan l8 E. RESCHEDULE the August 2, 2005 regular City Council meeting to Monday, August I, 2005 in recognition of National Night Out F. APPROVE Economic Development Commission Recommendation Regarding Communication with Excel Energy Concerning Electrical Service Reliability and Power Outages ~a0 G. APPROVE Resolution of Support for Federal Funding Application, TH 149 Par H. CONTINUE FINAL PLAT AND VACATION OF EASEMENTS (Halley's 2nd Addition) -Continue the final plat and vacation of existing drainage and utility easements for Lots 4 and 5, Block 1, Halley's Addition, to the September 6, 2005 City Council meeting. a3 I. APPROVE FINAL PLAT -Eagan Woods- A Final Plat of 1.80 acres to create one parcel in the NE '/, of Section 4. ~ J. APPROVE Technology Working Group Appointments K. ACCEPT Final Report -Northeast Eagan Land Use Study L. AUTHORIZE Preparation of Policy for Implementation and Funding of Transportation Improvements in the Northeast Eagan Area 30M. APPROVE Agreement with Braun ]ntertec to Perform a Phase I and Phase 2 Environmental Review of the Cedar Grove Redevelopment District Core Area V. PUBLIC HEARINGS /p ~ ~ A. PROJECT 922, Lone Oak Drive /Parkway Trail improvements (/n ~ ~ B. PROJECT 813, Final Assessment Hearing, Central Parkway (Streetscaping) VI. NEW BUSINESS ~S,~A. PRELINIINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDMSION- Cedarstone of Wescott - Cedarstone Development Company Inc. - A Preliminary Planned Development and Preliminary Subdivision to create a mixed use of 6 unit townhomes and 2 unit single family homes on 4.62 acres located in the SW '/. of Section 14. /~' / B. WAIVER OF SUBDMSION- Tun McCormick- A Waiver of Subdivision to reconfigure the lot lines of a twin home ( parcel located at 4583 Cantebury Circle in the NW '/, of Section 26. VII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE VIII. NEW RUNWAY/AIRPORT UPDATE II~i X. ECONOMIC DEVELOPMENT AUTHORITY The Council acting as the Board of Commissioners of the Economic Development Authority (`BDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA ~~ ~ ~ C. APPROVE MINUTES D. OLD BUSINESS Runway 17/35 at the Minneapolis/St. Paul International Airport 3 B. RECEIVE Award of Excellence from Minnesota Recreation and Parks Association for 2004 project; Passport to Play l{ C. CLARIFICATION Excel Development Landscape Plan, Hwy. 3 and Diffley Road IV. CONSENT AGENDA E. NEW BUSINESS t ~ (~ 1. APPROVE AMENDMENT Lease Agreement for Eagan Pet Clinic to Postpone Rent Rate Adjustment for Three Months n' ~ ~ 2. AUTHORIZE Preparation of Predevelopment Agreement between the City, Revestors Corporation and Manley (r Development Relative to the Potential Redevelopment of the Southeast Eagan Area Bounded by Hwy 3, Red Pine YY Lane, Biscayne Avenue and Gun Club Road. X. ADMINISTRATIVE AGENDA a. Comments by City Council, City Administrator, and Department Heads XI. OTHER BUSINESS XII. ADJOURNMENT XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. CLOSED SESSION XV. ADJOURNMENT 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. ,iU~.~ ~iL City of Evan bemo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 18, 2005 SUBJECT: ADDITIONAL INFORMATION /JULY 19, 2005 CITY COUNCIL MEETING RECOGNITIONS & PRESENTATIONS A. Wyle Laboratories /Baseline Noise Measurements -Enclosed without page number is the draft report of the baseline noise study that was conducted by Wyle Laboratories. Bill Albee, Wyle Laboratories Project Manager, and Clint Morrow, Wyle Laboratories Project Engineer, will present a summary of the report at the July 19, 2005 City Council meeting. The summary that will be provided will further explain how the noise monitoring was conducted, as well as how to interpret the significant data presented in the report. CONSENT B. Personnel• Item 3. Approve the Reorganization of the Parks and Recreation Department based on the Virchow Krause Recommendations -Following the presentation of the Virchow Krause Study at a work session earlier this year, direction was given to the Personnel Committee of the City Council to meet and discuss options that were presented by Virchow Krause that specifically reallocate resources within the Parks and Recreation Department. The City Administrator and Personnel Committee of the Council, Mayor Geagan and Councilmember Carlson, shared those recommendations/findings with the Council at the Council retreat held on Tuesday, May 31. The City Administrator has finalized those recommendations which are summarized in the attached agenda information memo to be considered as part of the Consent Agenda under Personnel Items. Please refer to page 14A. Item 4. Approve a Resolution Proposing Veteran for Discharge-Per the direction of the City Council at the May 31, 2005 City Council retreat, and in accordance with the recommendation of the City Council's Personnel Committee, a resolution has been prepared for Council consideration regarding the discontinuation ofthe position of Parks Planner/Landscape Architect. Please refer to attachments without page number. NEW BUSINESS A. Cedarstone Development -Enclosed and referenced as pages 106A and 106B is a copy of memos from the City Atorney's office that were requested by the City Administrator addressing the question of conflict of interest pertaining to City Councilmember Tilley who is the former owner of the property at 1055 Wescott Road. This information was provided to Councilmember Tilley as a part of her packet distribution on July 15. Councilmember Fields made an inquiry on Monday, July 18 regarding the status of the Cedarstone of Wescott Development as it pertains to Councilmember Tilley's status on whether she can vote or needs to abstain on the application. The City Attorney will be prepared to address the matter at the meeting on Tuesday. /s/ Thomas L. Hedges City Administrator Supplemental Agenda Information Memo July 19, 2005 City Council Meeting CONSENT AGENDA B. PERSONNEL ITEMS Item III. APPROVE the reorganization of the Parks and Recreation Department based on the Virchow Krause recommendations ACTION TO BE CONSIDERED: To approve the Virchow Krause recommendations that pertains to the short-term reorganization of the Parks and Recreation Department. • Consolidate Cascade Bay and Civic Arena into a Campus Facilities Manager position and assign the newly defined position to Mark Vaughan. (Eliminates Cascade Bay Manager position) • Create a Superintendent of Operations position to oversee the operations of the Eagan Community Center, Campus Facilities, Customer Services and general department operations and assign the newly defined position to Cherryl Mesko. (Redefines existing staff position) • Redefine the Administrative Coordinator position to provide consistent service delivery from all Parks and Recreation venues, oversee the clerical functions of the department and assign the newly defined position to an existing staff person yet to be defined. (Redefines existing staff position) • Dedicate an Accounts Receivable Clerk in Customer Service for performing all financial functions. This position will also be available for election duties or other needs as defined by the City. This existing budgeted position will be transferred from Finance to Pazks and Recreation and will be assigned to existing staff yet to be defined. • Move Water Quality functions to the Public Works department but maintain the strong inter-departmental relationships and cooperation that currently exists with Parks and Recreation. • Eliminate the Reseazch/Special Projects position at the end of 2005 or as deemed appropriate based on project backlog and reallocate the FTE within the City. (Eliminates Research/Special Projects Position) FACTS: • Based on the results of the Virchow Krause organizational study in 2005 and the informal consensus of the Ciry Council, the Council is being asked to move forward with the identified short term organizational changes within the Parks and Recreation Department. • The Council will be taking official action to hire Juli Johnson as the new Parks and Recreation Director and the actions contained in this memo will provide the framework for her to start with the newly identified organization. • As this first phase of changes is implemented it will give the new director the opportunity to monitor how it is working and allow her the latitude to provide input and suggest changes in subsequent years to maximize the operation of the department. 1~~, .M __ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: July 13, 2005 RE: Cedarstone of Wescott Development Our File No. 206-22765 On July 19, 2005, it is anticipated that the City will consider, as a New Business Item on its agenda, a preliminary planned development and preliminary subdivision for Cedarstone of Wescott. The development is of the property located at 1055 Wescott Road that was previously owned by Council Member Tilley. On November 2, 2004, I issued an opinion with respect to conflicts of interest and Council Member Tilley's ability to vote on this agenda item. Attached is a copy of that opinion, and to the extent that the facts and circumstances remain the same today, my opinion of November 2, 2004 remains as stated. If you have any questions, please do not hesitate to give me a call. MGD/j It 1O~ ~ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: November 2, 2004 RE: Cedarstone of Wescott Development Our File No. 206-22765 Council Member Tilley has requested an opinion as to whether a conflict of interest exists due to the sale by her of property at 1055 Wescott Road, and the subsequent application by the buyer to rezone the property. My understanding of the facts are as follows: Council Member Tilley sold the property at 1055 Wescott Road to Cedarstone Development. At closing, Council Member Tilley received a portion of the purchase price with the balance deferred to a future date. The balance is a set price though the form of payment may vary. As security for the payment, Council Member Tilley acquired a mortgage on the property. Cedarstone Development submitted an application to the City to rezone the property from Agricultural to a Planned Development District. Council Member Tilley has indicated that the amount she is owed from Cedarstone Development for the purchase of the property is not affected in any manner by the Council's decision on the rezoning application. Based on the foregoing facts, it is my opinion that Council Member Tilley, as a holder of a mortgage on the property, is an interested party in the rezoning application. As such, Council Member Tilley may not partake in the discussions or vote on the rezoning application. The remainder of the Council may take action on Cedarstone's application. MGD/j It ~o~ ~ ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA JULY 18, 2005 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity Imo City of 8a~an demo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 18, 2005 SUBJECT: ADMINISTRATIVE AGENDA /JULY 19, 2005 CITY COUNCIL MEETING CITY ATTORNEY There will be an Executive Session following the regular Council meeting to discuss the Wennsman v. City of Eagan litigation and the Nolan lawsuit. CITY ADMINISTRATOR There are no items at this time. DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update -Staff is providing regular updates to the City Council regarding the City's redevelopment districts as a part of each administrative agenda. In addition to the information enclosed on page ~~, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. Item 2. Development/Construction Activity -Per the Council's request, Community Development staff will provide bi-weekl u dates of larger development and construction activity. The current update is enclosed on page. In addition to these biweekly updates, staff will continue to provide other information in the Informative Memos, including the monthly Protective Inspections Report that provides more complete and detailed Building Permit information. The Current and Pending Development List provides development status and contact information on Council approved development applications. This list is online and can be found at http://www.cityofeagan.com/live/page.asp?menu=4419. The Current and Pending Developments List is a running update of all commercial and residential development information that can be used to keep track of items previously noted in the Development and Construction Activity updates. /s/ Thomas L. Hedges City Administrator jc~s City of Eagan Memo TO: TOM HEDGES, CITY ADMIlVISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIItECTOR DATE: JULY 18, 2005 SUBJECT: -REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Schafer Richardson Ryland Development Agreement -The staff, consultants and City Attorney will provide an update on the status of the agreement to the Council Finance Committee at its meeting preceding the regular City Council meeting. • Affordable Housing -Staff is waiting for a proposal from the developer concerning how they would work with the City and the CDA to set and achieve an acceptable affordable housing goal for the project. • Acquisition and Relocation Plans -Discussions are continuing with several property owners regarding City acquisitions from willing sellers within the area. A number of property owners are actively pursuing alternative sites. • Communications Activities -Staff is working on the fourth issue of the Cedar Grove Gateway, the monthly newsletter update. Website updates also continue. • Development Outside the Core Area -Construction continues on the Nicols Ridge townhomes and condominiums and the River Ridge Condominiums. Opus has begun construction of their office showroom building and the Schwans distribution facility. The new McDonald's building is under construction and the owners of Silver Bell Center have approached the City about the possibility of remodeling or redeveloping their property. Northeast Eagan Redevelopment District • Grand Oaks Development -Grading and construction work continue on the first phase of Grand Oak Five. Staff and the consultants continue to work with TMI Coatings about their relocation to the Terminal Drive property. • McGough Office Project -Staff and McGough are meeting on July 19'h to address remaining issues on the development agreement for this portion of the project. • Retail Development Potential -The developer indicates that purchase agreements are in place for a portion of the property south of Hwy 55 and the developer has been asked to prepare and submit a formal application to permit further review of the project. Southeast Eagan Masterplan • Consideration of a predevelopment agreement with Revestors and Manley Development is included in the EDA Agenda. '~~ City of Ea~au ~cmo TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: July 14, 2005 SUBJECT: Development/Construction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Building Permit Information Location Business Name Valuation Square Ft. Type 2815 Dodd Road Bank At Grand Oaks $2,500,000 11,670 New Bldg 3080 Lexington Ave Max Steininger Inc. $442,000 6,080 New Bldg 4155 Lexington Way Office Building $250,000 5,870 New Bldg 3030 Lexington Ave Global Logistics $117,000 Int Impr Upcoming APC Applications ^ Redevelopment of the Mann Theatre/Red Robin site. ^ Bank w/drive-through proposed at Diffley & Johnny Cake, next to CVS Pharmacy. Staff will be happy to provide a brief overview of these items and/or respond to questions at Tuesday's meeting. As always, staff is available between meetings to respond to questions that may come to Council members' attention from the community. ~t~7 Ciiy of Ea~au Memo To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: JULY 15, 2005 Subject: AGENDA INFORMATION FOR JULY 19, 2005 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 15, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 19, 2005 Eagan City Council Meeting III. RECOGNITIONS AND PRESENTATIONS A. PRESENTATION BY WYLE LABORATORIES-BASELINE NOISE MEASUREMENTS IN PREPARATION FOR THE OPENING OF RUNWAY 17/35 AT THE MINNEAPOLIS/ST. PAUL INTERNATIONAL AIRPORT ACTIONS TO BE CONSIDERED: To receive a presentation by Wyle Laboratories on the Baseline Noise Study that was conducted in preparation for the opening of Runway 17/35 at the Minneapolis/St. Paul International Airport FACTS: - Per the direction of the Council at the May 17, 2005 City Council meeting, Wyle Laboratories was retained to conduct a baseline noise study in advance of the opening of Runway 17/35 at MSP International Airport. - City staff worked with Wyle Laboratories to determine the placement often temporary noise monitors across the City, which were utilized in collecting noise data over a 7 day period, from June 14-20, 2005. - In addition to the monitoring sites, the City was able to select 25 grid points across the City which will enable the City to further communicate to residents the proposed impact across the City by the runway. Wyle's Engineer also conducting monitoring at two MAC Remote Monitoring Towers (RMT) to verify that the community noise level data being collected by the MAC is accurate. - Tonight, Bill Albee, Wyle Laboratory Project Manager, and Clint Morrow, the engineer from Wyle Labs who conducted the baseline noise measurements, are in attendance to present the draft findings of the baseline noise study. - The report with the study findings is being printed by Wyle Laboratories, and will be provided to the City Council in the Supplemental Information Memo that will be sent on Monday afternoon. - The Report is considered a draft in order to allow the Council the opportunity to ask questions and comment on the document. Once comments have been received by the Council on July 19, Wyle Laboratories will finalize the report for City Council consideration. - Bill Albee will also be a presenter at the 2005 N.O.I.S.E. Conference in Eagan to present the outcome of Eagan's baseline noise study and to communicate the proactive nature of such a study. ATTACHMENTS: - A copy of the draft baseline noise study report will be provided to the City Council on Monday in the Supplemental Information Memo. Agenda Information Memo July 19, 2005 City Council Meeting RECOGNITIONS AND PRESENTATIONS B. RECEIVE Award of Excellence from Minnesota Recreation and Parks Association for the 2004 project; Passport to Play ACTION TO BE CONSIDERED: To accept the Award of Excellence from the Minnesota Recreation and Parks Association. FACTS: • In early June the City of Eagan was notified that they had been selected to receive an Award of Excellence from the Minnesota Recreation and Parks Association. • The award is in recognition of a project completed in 2004 and will be presented by a representative of the MRPA Awards Committee. • The award is being presented for a project that was the result of joint collaboration between the cities of New Brighton, Woodbury, Edina and Eagan. • The Passport to Play is a joint marketing effort to encourage participation in each of the city's indoor play areas and has enjoyed very successful results. ATTACHMENTS: None 3 Agenda Information Memo July 19, 2005 Eagan City Council Meeting G CLARIFICATION OF LANDSCAPE PLAN -CITY OF EAGAN ACTION TO BE CONSIDERED: There is no action to be taken. FACTS: - While there is no action to be taken on this item, questions have been raised by a neighboring property owner regarding the design and landscaping of the Hawthorne Ridge retail development at the northwest intersection of Hwy 3 and Diffley Road. The City Council directed that a clarification of these items be presented at a regular Council meeting. The following background is provided for that purpose. - Subsequent to the City Council determining no public purpose for the approximately 12 acre parcel acquired as part of the Diffley Road upgrade, staff was directed to initiate a rezoning to Neighborhood Business (NB). - Adjacent neighbors opposed the disposal and rezoning of the property. The City Council responded by directing the City Attorney to prepare covenants that would prohibit the NB uses determined to be "objectionable". The City Attorney prepared the Covenants and the Council approved the rezoning and the covenants at their next meeting. - The City ultimately sold the property to Excel Development and construction began earlier this year. A neighboring property owner contacted staff with a number of concerns, chief among them being the fact that the neighbors weren't given an opportunity to review/design the development Landscape Plan. - Unfortunately, other than restricting uses, there is no record in the file or minutes relative to neighborhood input on the landscape design. - Fortunately, the retail development was designed with the neighbors in mind in that there is no service drive behind the building (facing the neighbors) so daily service activities will be screened from the neighbors by the building and the trash/recycling enclosure access faces Diffley Road. - The approved Landscape Plan does meet the City goal of screening parking areas from public rights-of--way. The Plan does not provide staggered rows of evergreen trees between the building and the residential properties that the neighbor stated he expected. ATTACHMENTS: (2) Location Map on page ~. Approved Landscape Plan on page ~. S Eagan Boundary Location Ma ~ParC yea Park Area - Building Footprint d' 9 , ~ ~~ ` 8 ~ ~ ~ ~ • ° ° a ` • ° ~~ i a e- s • ra r p A I I fl 'qtr`, ~ f 9 f t ~ S~ f~ ~ •' A > ": 0 ~' A • 3 ~ ~' d ' ~ • m•, ~ a. i s s s .- o o ~ t , o• 6 v:,- ,\.'` ~ e inn • • Y ~ 9 ~~:; ,. I ~ ~ . ~, _ I ,: • v 4 `• ~ . i ~. :- r 0. • i I • ~ ~ s ~ °' ® i' s 8 • sos ~ a a ~ .. . ~ ^ .. t s s, r • + 4 m ' s s ~ ~ r ~ °~ ~ ~ e' i + p ~ s ®` ! ~~ (~ ~ s ~ ~ e a ~ ~ e e d ~ i d a ~. ^ ~ y a ^ ^ ^ a . ~ ^ ^ ^ - a B ^ si r f ~ r ~ a^ ~ a s ~ a , I ~ ~ ~ ` ' ' °'~ t , s ~ ~ •~ a d ~ ~ a g A s 4 r. ~ - ~~ ® 3 ® ~ 4 6® ry~' . S _ S fy~" 7"V ~.. _ 3+ » ~ `Fax ~: ~ Pr .- ~~ - ~ A °a .. ~.: vk ~~r • 91 m A ~ m ~ O 's ~ "„ ~ ~ s r ~~~- + `~ s ' ` ~ ~ ~- + `! looo 0 looo Zooo Feet Development/Developer. Application: Hawthorne Ridge Case No.: /w Map Preparetl using ERSI ArtVkw 3.1, Parcel base map data provided py Dakota County Otfix of GIS antl is wrrent as of April 2005. N City of EaQaIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W ]i The City of Eagan and Dakota County do not guarantee the accuracy of this information snd are 3 Gemmunny Dev^lopm^nt Department not responsible for errors or omissions. J °~ ~~ ~ ~ f , .~ ~~, ~, ~ \ z `~ f _ ~~ & a' ~ ~i ~ hl U ~! i~' gg~ ~SI e h ~ a ~ ' M i ~~ 5 I~{(~ $ ~~{~ t ~ $:aF~i$€$i r::ggFI:FtIBFFF.~ I cec:,.~, ~~~~SYl~EE~~tB~€~ i " ....~ i j #~ ~~ g~~F~ ~ ~~~~# ~~ ~~~ ~,e~ ~p~dF(L[ i- L ~ lnfb5~a~tE ~2~~#~a~,~=~~Gal~ ~~~~~~~~~L~ ~~`~~~~~~~~~"~~~ G~dCd~k3tC$4~~dbOd~~$~~a~~Y~^t. -i ~~ ~t~ ~ ~~_ ~ ~~ ~~ ~ ~ n ~g~ Z U „d~ `~$ i MI Jn q_Y a~ ~'~± ~~` ' • m m~~~ `_ai ~ e ~F ~ ~ b~ I ~,a E:a f~ ~ t~ ~ ~ ~E ti S~~ ((4 p ~L Lf (• tit ~ r ~ a 3 ~ f~t ~g~ }~ ~~~ ~~ ~ ' e ~ ea j{`r' ~t ~i{ I~ t {r s { i ~if~ ~l~t ~!~ E6 iia ~{ i ~ 3~4~i A~ F~ Agenda Information Memo July 19, 2005 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 NIINUTES ACTION TO BE CONSIDERED: To approve the minutes of the July 5, 2005 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the July 5, 2005 regular City Council meeting are enclosed on pages % through ~. MINUTES OF A REGULAR MEETING OF THE ~~ ~Q ~` EAGAN CITY COUNCIL , ~ / ~ T Eagan, Minnesota July 5, 2005 A Listening Session was held July 5, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council were present. James Oslund discussed his concerns in regard to drainage issues at 2987 Pilot Knob Road. Public Works Director Colbert addressed the issue stating that engineering staff has been working with the developer. Council directed staff to continue communication with the developer and Mr. Oslund. Terry Simmons discussed concerns in regard to the Hawthorne Ridges project landscape plan. Council directed this issue to be discussed at the July 19, 2004 regular City Council meeting. A regular meeting of the Eagan City Council was held on July 5, 2005 at 6:30 p.m, at the Eagan Municipal Center. Present were Mayor Geagan, Councihnembers Fields, Tilley, Carlson and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Daugherty and Administrative Secretary /Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an item regarding federal funding for Highway 149 would be added under New Business. Councihnember Maguire moved, Councihnember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the June 21, 2005 regular City Council meeting and the June 15, 2005 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Tori Johnson as a seasonal parks maintenance worker. C. Check Registers. Pulled for separate vote. D. Checklist. It was recommended to approve a checklist for the consideration of R-2 and R-3 development in LD Low Density Comprehensive Guide Plan Districts and authorize preparation of City Code Amendment. E. Contract OS-O1. It was recommended to approve Change Order #1 to Contract OS-O1 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. F. Contract OS-02. It was recommended to approve Change Order #1 to Contract OS-02 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. G. Contract 04-04. It was recommended to approve Amendment No. 1 to Cooperative Agreement No. 86692 for Contract 04-04 (Lexington Avenue, Lone Oak Road to HT 55 -Street and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. H. Contract 02-17. It was recommended to approve the final payment for Contract 02-17 (Cedar Grove Redevelopment Area and Central parkway - Streetscaping and Lighting Improvements) in the amount of $17,097.68 to Jay Brothers, Inc. (Northern Escrow) and accept the improvements for perpetual City maintenance subject to warranty provisions. I. Project 02-H. It was recommended to acknowledge the completion of Contract 02-H (Forest View Addition -Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. J. Off-Sale Liquor License. It was recommended to approve the off-sale liquor license for E & M Liquor LLC, dba E & M Liquor, 1444 Yankee Doodle Road. K. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 5, Wine Beer and Liquor Licensing and Regulation. L. Financial Guarantee. It was recommended to authorize the creation of a policy requiring bank, savings association or credit union licensed by the state of Minnesota to conduct the business of making loans/extending credit and has a business office in the seven-county metropolitan area to provide financial guarantees in favor of the City. M. 2005 Fee Schedule Amendment. It was recommended to approve an amendment to the 2005 Fee Schedule to add a $25 fee for Temporary Sign Permits. Eagan City Council Meeting Minutes July 5, 2005 Page 2 DRAFT N. Final Subdivision. It was recommended to continue approval of the Final Planned Development and Final Subdivision to the August 2, 2005 City Council meeting. O. Conference Registrations -ARC. It was recommended to approve five one-day conference registrations for five members of the Eagan Airport Relations Commission to attend the 2005 summer N.O.I.S.E. conference at the Eagan Community Center. P. Private Well Permit. It was recommended to approve a permit fora 6" private well to Thomson West Group for Lot 11, Block 1, West Publishing 4~` Addition. Councihnember Tilley moved, Councilmember Carlson seconded a motion to approve the Consent Agenda excluding item C. Aye: 5 Nay: 0 Councilmember Carlson moved, Councihnember Tilley seconded a motion to ratify the check registers dated June 23, 2005 and June 30, 2005 as presented. Aye: 4 Nay: 1 (Fields opposed) PUBLIC HEARINGS OAK HILLS CHURCH ADDITION (LOT 1, BLOCK I) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements on Lot 1, Block 1 Oak Hills Church Addition. Public Works director Colbert gave a staffreport and recommended that consideration of the vacation be continued to be concurrent with the Final Plat and subdivision application for the property. Julie Lord, representing Oak Hills Church discussed plans for the property. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers held a brief discussion regarding future development of the property. Councilmember Fields moved, Councihnember Tilley seconded a motion to continue consideration of the vacation of public drainage and utility easements on Lot 1, Block 1, Oak Hills Church Addition to be concurrent with the Final Subdivision application for this property. Aye: 4 Nay: 1 (Carlson opposed) PROJECT 922, LONE OAK DRIVE /LONE OAK PARKWAY TRAIL IMPROVEMENTS City Administrator Hedges stated that due to CSM Corporation staff absences, the petitioner has requested that the Public Hearing be continued to July 19, 2005 for Council consideration. Mayor Geagan opened the public hearing. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the public hearing until July 19, 2005. Aye: 5 Nay: 0 OLD BUSINESS CONDITIONAL USE PERMIT (LOT 1, BLOCK 1, APPOLLO SUBDIVISION) -FIRST INDUSTRIAL City Administrator Hedges introduced this item regarding a request for a conditional use permit for outside storage of semi trailers on property at 900 Apollo Road. City Planner Ridley gave a staff report and discussed the changes made to the proposal since review by the Advisory Planning Commission. He stated that parking is only proposed in the rear yard. Councihnembers discussed the revised proposal and conditions of approval. Councihnember Cazlson moved, Councihnember Tilley seconded a motion to approve a Conditional Use Permit for outside storage of semi trailers on property at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, subject to the following conditions: Aye: 5 Nay: 0 / O Eagan City Council Meeting Minutes July 5, 2005 Page 3 RAFT This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. All new and existing parking spaces and storage areas should be surfaced with bituminous surface, concrete curb and gutter and storm drainage provided. The Fire Marshal shall review the revised plan to ensure adequate emergency access is provided. This Conditional Use Permit is approved based on the site plan found on page 75 of the Council packet material excluding the 140 spaces labeled "Potential Future Staging". 5. NEW BUSINESS ORDINANCE AMENDMENT -CITY OF EAGAN City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 10, Section 10.25 to stipulate that appeals made to the Board of Soil and Water of a City approved wetland replacement plan require the party making the appeal to post payment of $500 with the City. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter 10, Section 10.25 to stipulate that appeals made to the Board of Soil and Water of a City approved wetland replacement plan require the party making the appeal to post payment of $500 with the City. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT (OUTLOT B, EAGAN WOODS OFFICE PARK 2ND ADDITION) - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment and a Final Planned Development fora 24,000 square foot two story office building upon 1.8 acres located on the northwest comer of Pilot Knob Road and Buffet Way. City Planner Ridley gave a staff report. Tim Johnson, representing Manley Land Development, discussed the proposed architectural design and building materials. Councilmembers, staff and Mr. Johnson discussed access to the site and signage issues. It was the consensus of the Council that the proposed obelisk be removed from the plans. Councihnember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment and a Final Planned Development fora 24,000 square foot two-story office building upon 1.8 acres located on the northwest corner of Pilot Knob Road and Buffet Way in the NE'/< of Section 4, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office prior to issuance of a building permit. 2. The following exhibits are required for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations/Signage Plan • Final Landscape Plan • Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. The property shall be platted. 5. The developer shall provide evidence of interior noise reduction to 50 dBA at the time of building permit application. 6. The landscape architect shall review the landscape plan and determine areas where evergreen materials for y ear around color can be incorporated. 7. The landscape architect shall review the landscape plan and determine areas where evergreen materials for year around color can be incorporated. 8. The landscape architect and lighting consultant shall review the plans to make sure that the lighting and island landscaping are compatible. // Eagan City Council Meeting Minutes July 5, 2005 Page 4 ~RfIFj 9. Building signage shall be limited to the business identification name only, and only one sign shall be permitted for each occupant. All building signage shall be uniform in design, size, font and color, and be backlit or otherwise externally lit. Can signs and internally lit signs shall be prohibited. Signage will be limited to six signs on the south side of the building and one sign each on the east and west side. 10. Signage on the brick wall panel shall be restricted to building name and address only. 11. Full public street access to the development shall be to Eagan Woods Drive. 12. This development is responsible for cash parks and trails dedications due at the time of building permit application at the rates then in effect. 13. Brick materials shall be added to all four facades, specifically using brick in place of EIFS on the middle band of all four facades. 14. The approved uses shall be limited to professional offices only, no retail uses and no outdoor storage shall be permitted, as defined by City Attorney in the Planned Development Agreement. WAIVER OF SUBDIVISION -JAMES CARLSON AND ROBERT KOENKE City Administrator Hedges introduced this item regarding a request for a waiver of subdivision requirements to shift the lot line between Lots 5 and 6, Block 1, Wilderness Park Addition, located at 124? and 1245 Carlson Lake Lane. City Planner Ridley gave a staff report. Councihnember Fields moved, Councihnember Tilley seconded a motion to approve a waiver of subdivision requirements to shift the lot line between Lots 5 and 6, Block 1, Wilderness Park Addition, located at 1247 and 1245 Carlson Lake Lane, in the NE '/. of Section 27, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall file with the County Auditor a lot combination to combine Lot 5 with the small portion of Lot 6, Block 1, Wilderness Park Addition, for tax purposes, and proof of the filing shall be submitted to the City within 60 days following City Council approval of the Waiver. AUTHORIZATION OF SRF TO PREPARE APPLICATION FOR FEDERAL FUNDING FOR HIGHWAY 149 City Administrator Hedges introduced this item regarding the authorization of SRF to prepare an application for federal funding through the Metropolitan Council for Highway 149. Public Works Director Colbert gave a staff report. Councihnember Fields moved, Councihnember Tilley seconded a motion to authorize SRF to prepare an application for federal fending through the Metropolitan Council for Highway 149. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA There were no items for the administrative agenda. REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City's redevelopment districts. NEW RUNWAY /AIRPORT UPDATE Assistant to the City Administrator Dianne Miller provided a written update on the new runway /airport issues. The regular City Council meeting was recessed at 7:50 p.m. and a meeting of the Economic Development Authority was immediately convened. The regulaz City Council meeting was reconvened at 7:55 p.m. /~ Eagan City Council Meeting Minutes July 5, 2005 Page 5 RAFT VISITORS TO BE HEARD There were no visitors who wished to be heard. Councihnember Maguire moved, Councihnember Tilley seconded a motion to adjourn the regular City Council meeting at 8:00 p.m Aye: 5 Nay: 0 Date Administrative Secretary /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) 675-5000, (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. /3 Agenda Information Memo July 19, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Director of Parks & Recreation-- ACTION TO BE CONSIDERED: To approve the hiring of Juli Johnson as Director of Parks & Recreation. Item 2. Part-time Seasonal Private Swimming Instructors/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Ben Millman, Kristi Millman, Nick Csargo, Jenny Woelfel, Jill Woelfel, Anne Weston, Sean Bjordahl, Grant Mestnik and Amanda Monn as part-time seasonal private swimming instructors at Cascade Bay. /~ Agenda Information Memo July 19, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 7, 2005 and July 14, 2005 as presented. ATTACHMENTS: • Check registers dated July 7, 2005 and July 14, 2005 are enclosed without page number. ~s Agenda Information Memo July 19, 2005, Eagan City Council Meeting D. NATIONAL NIGHT OUT - 2005 ACTION TO BE CONSIDERED: Adopt proclamation recognizing August 2, 2005, as "National Night Out" in the City of Eagan. FACTS: • Tuesday, August 2, 2005, is the 22nd annual National Night Out celebration. • The City of Eagan has participated in National Night Out since 1998 • Participation has grown every year in Eagan. This year it is anticipated that over 100 neighborhoods will take part. • Eagan residents are being asked to join 32 million of their fellow citizens across the United States in this celebration of Community, Crime Prevention and strong police/community partnerships. • Strong neighborhoods are essential to public safety and homeland security. • From 5 to 9 pm, residents are encouraged to lock their doors, turn on outside lights and spend the evening outside with their neighbors. • Police, Fire and Public Works units will visit neighborhood gatherings which register by July 22nd. • Registration can be done by mail, fax, or on-line at www.cit~ofeagan.com. • For questions or more information, please contact the Eagan Police Department Crime Prevention Unit at 651-675-5727. Attachments: National Night Out proclamation on page /6 CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2005 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 2, 2005 called "National Night Out"; and WHEREAS, the "20th Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2005" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting " 22°d Annual National Night Out" on August 2, 2005. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 2, 2005 as "National Night Out" in the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Deputy Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Peterson, Deputy Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of July, 2005. Maria Peterson, Deputy Clerk /~ Agenda Information Memo July 19, 2005 Eagan City Council Meeting V. CONSENT AGENDA E. RESCHEDULE THE AUGUST 2, 2005 REGULAR CITY COUNCIL MEETING TO MONDAY, AUGUST 1, 2005 IN RECOGNITION OF NATIONAL NIGHT OUT ACTIONS TO BE CONSIDERED: To reschedule the August 2, 2005 regular City Council meeting to Monday, August 1, 2005 in recognition of national night out FACTS: - National Night Out is Tuesday, August, 2, 2005. - Per the direction of the City Council at the July 7, 2005 City Council meeting, it is proposed that the first regular City Council meeting in August be rescheduled to Monday, August 1, 2005. /~ Agenda Information Memo July 19, 2005, Eagan City Council Meeting F. APPROVE ECONOMIC DEVELOPMENT CONIlVIISSION RECOMMENDATION REGARDING COMMUNICATION WITH EXCEL ENERGY CONCERNING ELECTRICAL SERVICE RELIABII.ITY AND POWER OUTAGES ACTION TO BE CONSIDERED: To approve a recommendation by the Economic Development Commission regarding communication with Excel Energy concerning electrical service reliability and power outages FACTS: - At its meeting of July 11, 2005, the Economic Development Commission was advised by one of its members that he had become aware of power outages in portions of northern Eagan served by Excel Energy. Public Works Director Tom Colbert confirmed the information and indicated that, while the City does not have direct authority over the electric utility, his office had been in touch with Excel in this regard and that he and public works representatives from a number of Dakota County Communities were communicating with the company requesting prompt attention to and resolution of the situation. - From the Public Works' Departments information, it appears that the outages are the result of failing splices at several locations in the company's distribution system. It appears that the company will need to improve the splicing system or replace the lines to correct the problem. A The Commission indicated support of staff's work and, to formalize that position, made a recommendation that the City Council adopt a position that Excel work promptly to identify the causes of the outages and correct them so provide higher service reliability to the City's businesses. - In the past, the City has taken positions supporting activities by third party providers such as supporting the inclusion of the Midwest Sports Channel by Comcast. ATTACHMENTS: None. /9 Agenda Information Memo July 19, 2005 G. PROJECT 923, HIGHWAY 149, I-494 TO TH 55 STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve a resolution in support of the request for federal funds under the Surface Transportation Program for Project 923 (TH 149, I-494 to TH 55 -Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 923 provides for the construction of a third lane in each direction of TH 149 between I-494 and the north intersection with TH 55. The third southbound lane would begin at the south exit ramp for I-494, while the third northbound lane would end at the north entrance ramp (north side of bridge) for I-494. The project cost estimate is $2.8 million and only entails the widening of the existing highway segment. • On July 5, 2005, the City Council authorized SRF Consultant Services to prepare an application for the Federal Funding of TH 149. • On May 10, 2005, the City Council reviewed the draft Transportation Infrastructutre Needs Analysis (TINA) and directed staff to investigate possible funding options for associated improvements. • The project is consistent with the Council approved Capital Improvement Plan (2006- 2010) and Comprehensive Guide Plan (2000) and it is believed to be consistent with the policies of the Metropolitan Council's Development Guide, including the Transportation Policy Plan and Regional Development Framework. • The project is near a critically important high volume interstate and state trunk highway in the Metro Region and implements a solution in the form of continuity, capacity, and safety to a transportation problem and provides upgrade to the regional transportation system. • The City of Eagan would accept responsibility for an amount equal to or greater than 20 percent of the eligible project construction cost, together with costs for design, administration, right-of--way, and peripheral project costs. Staff has solicited MnDOT support of a 50/50 split or 10 percent of this eligible project construction cost. • Engineering staff have reviewed the application for funding and found it to be in order for favorable Council action. ~O. Agenda Information Memo July 19, 2005 City Council H. FINAL PLAT (HALLEY'S 2ND ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To continue approval of the Final Plat for Halley's 2°d Addition and the Vacation of easements to the September 6, 2005, City Council meeting. REQUIRED VOTES FOR APPROVAL: Majority of Councihnembers present FACTS: - The site consists of Lots 1 and Z, Halley's Addition located at the southwest corner of Red Pine Lane and Biscayne Avenue in the SE t/a of Section 36. - These items first appeared on the Council agenda on May 17th and were continued to the July 19th Council meeting to allow the City to proceed with a study of the development/ redevelopment issues in this area. - At the applicant's request, approval of these items is being postponed to allow the City to get farther along on the master plan approach to redevelopment in this area. - The vacation of easements is necessary for the two parcels to be combined and developed as a single lot. New public drainage and utility easements, as required, will be dedicated with the final plat of Halley's 2"d Addition. AGENCY ACTION DEADLINE: September 17, 2005 ATTACHMENTS (1): Final Plat, page a~ a. ~ . Y= 9~ fE ~ i ~ ~ ~ .1 dl~ ~, = enl _ i ~5~ Fy~ a y !ai ' ~ $ a5 d a $ i~ ,~r 5 b~ ~ ~ 55 ~9 iw g= 5 ~' S5 . Za b ~a a i;~ °! .- ~ jai ~ ~ ~ 3pi ~ ~ ~ ~ ~ ~ ~11 i" ~ ~$b 5 i $`ia e~ L~ ~ ~ S~ i :y p G ~}ya •~ s Cog 3 I a'~ 333~=~ a' ej ~ ~ ~ ~~ = 3~• E ~9 ~ 44~Y ~3 3 $ as -i~fii~ E Sa ~ - s s I t o • Y~~ f s Zia } ~3$ ~b _ ~~=r5. ~s sp 3 1)°s ~ C 6~ .'r ~$i ~~ ~ ~ ~ "i ~~~~fa~ ~~#~ ~ :d al Fa" ~~r ' ;a~ e $ ~e ~ adz ~~' ~,'~ _~'_: ~~ ~!g ~_ I ~~F ~ ~gs ~ // 311N3nV \•~ r -r---~ ~ 3NJ.Y~SIB `\ ~ OOZY 3.LL,ZO.OON \ I v I ~ / . wm ` ~w 4 I `+'.• '< 0 1 ~ U.wy°y ~ ~ f° i --- --i a -~ ~b~ ~ _ ~ ~ ~' ~ 3 ntht / ~ V I N p • L__-___~___-__J Qp ~ _ ~ _ .. '~' N 3nN3nv ,- _ ~ /~ ~ 3N.1 SIB ~/ / \ ~ ~~'~ OOZIC 3,LL,ZO.OON ~ ,~ I ' s,- ~ y ~- zrwx a •= ' _ \ I w\ I \ t 1 `71 T 1 lt) I 1 Q \ I \ I 1 \ \ , I r LI ~ ~ ~ (r7 ~ = ~ - '~ ~ 1 1 + L ~ I I R~~c I S I ~ <pl ~ I ~~ ~O I E- ~~ a L~ ~) ~ `l I ~ ~~ i I i~~, 1 1 1'l ~J Z 1 / `~ l!_ <( Q 1 ~ I J -- ~, ~ W I y I I rnani i ~ ~ is I / I o ~~ .1 4J W a I L ` 1 M I ~ . ./ V I ~) I YI I• -= ao-+c - - mvu `~- I OOZL£ 3,Ll,ZOAON ~ I ~1 ~ .~ ~ ~ W-~ f ~~ - a ~ ~~ ~. k~., E+',,i Agenda Information Memo July 19, 2005 City Council I. FINAL PLAT (EAGAN WOODS) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Plat (Eagan Woods) to create one lot on approximately 1.8 acres located on the northwest corner of Pilot Knob Road and Buffet Way in the NE '/4 of Section 4. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: - This final plat replats a single parcel from an outlot to a platted lot. - The site is vacant. - On July 5, 2005, the City Council approved a Planned Development Amendment and Final Planned Development for development of this site. - The final plat must be completed prior to issuance of a building permit. ATTACHMENTS (1): Final Plat, page a3 ° $e a; / 1 g $~ b .5 g.fia~ ye ~I g ~~ s ~ ~ ~~ i ~~s ~ ~ ~ ?fiex~ i ~ _ s3 ~ ~ :S r e z Th~,~ 9~ Z ~~~1' i pp -x I § Sa-b_~ ~ s5 a g a 3 ~ ~~ 3~ ~~~ W ~. 3°' 4~a P s ~N _ 3 a 5 5A. ~ ea S ``-b s_e as °° $~ i u S 5- a 3 bo i~ a~~ 5fi_ ° a ~~ age' ~. s = ~ I ~ a a ~ ~ e"~ G$ ~ ~ _ 5~ § ~x° - zi g<<°n5~ a j~ '~ 8: 8a 5Aa a Ig a i o ~W< x Wa- = ~ .,;rya F~ a, 5 ~: t~~ 9~~ E^ U ~ ~ 53E~~ °~ S~ °j _ g5 °; ~a E 5 6T~ aEa t 13 $ a°~ ~ ~a ~; ~Ia _- m N ao s° ~ 3 ~ vl C, ~°Q ~ jh~ ~a x 5 ~~°°.'" ~d 5g 3°s I 'i~ ~ ~~ I a ° w ~• o~~r 8 ~ < 3 ~ .Yas3 "fi ~ 8e ~Pg ~~e ss~ IF 3 m ;~ $$ € ~£ g ~~ ~ ~ < 1 a g W 4 S „$ ~. ~ b E ~$ y~ 5;a5 ~~ ~ 3 'c o _r~5s~ ~ ~~4 ~ !5 ~. ~ ~~~ ~ ~~E z gE ~ ~ ~a Y ~x ~ ~ 3'sa ~s ' 8~ ~'F 3a°ssc ,~$ }° ~ 9g ' ~ ~$$ 5 sg ~ 3`s ~ I;7 a °m~~i~5 ~e 9-a a v ~-° a~ ~ ~ a ° ° =' k'z P "'zs ~ ~ < fia ~ ~ 9 ~e~~ .~ 3e N w~ J ~-s yyE < ~ g3 0$~ oaa oiv, ° ° isb"e i9 '- Lam` s _5s'~o5 ti~ P,°. c7 ~u o ~.~~ m on5 0 _~ ~ - I __ __-____ _____~ ~~y I S U F a ] I ~ I ~ I ~ C I V - ~,, J ,., ~ , li ~ . ~ , F, ---- ------ / ------------~ o :~ ~ i I--- ---- O b` - V . ° ~ ~..•IVr LJn n ~ In l n ~~n novel l -~ r v r iv _ I I<'. i iV Vln ' iy Ivvii vy ~ ~V .• I VC::;Irvr~i JV , 1 _~ il~v(.'~.~ iir l Vl vlrr viV ~ ._ ~: O z~ ~~ ~ _ __-M KrL KK.XOM--_ r.y .__ ~ Z L -..~ vi ri~i r iC .. v nl w ..l ~ciii~ i avii v iiw<:::iv v i~i w it ~iniii~ v C~~ r ~.v::.ii vi vii i S Ir I,n v vv ~ ??vir.•~ I r'~'I ',1 r_ vir iv bC., i i v _ ,• 5 ix 9Z 005 Z 3 1Z ' Q ---- -- = . . , 99 BS o 0 o e _ == ~- ---- W --------- °I~ --- I _____________r I 1° I :a I I I I I r L7 I M C J fi R ~ 1~ '• 1 , r~ C) .C o Iii n z 7 I CC' L I _ ~ ~ .t ~ Iy3 ~ }' I ~ lf~ 00 ~ p CJ 1 ~ m I - ~C _ ~~~ ~ / _., I =_ <C -' ~ I / ~ I L ~~ ~ i ; rJ u_ y '~ ~ m ~ = C~ i g _ <( L_ I C, I ~~ 1 ',' Y t l N o ; ~~ iii ~ ~ i ~ o Y~~I ~~- I ' - ~~I L° ~ .~ j ml I ~ p1 ;:~~ ~--- -----------------------J --- ~ •< <~~ - ~ lr; 08'6SZ M.OO,OZ.OON [,~ _ I ~~ ------~1___-------------~ ------ -~------ I_r ' y C7 Agenda Information Memo July 19, 2005, Eagan City Council Meeting J. APPROVE TECHNOLOGY WORKING GROUP APPOINTMENTS ACTION TO BE CONSIDERED: To approve the appointments to the Technology Working Group. FACTS: - At the Apri126 special City Council workshop, the Eagan City Council gave conceptual approval to the framework for a technology working group advisory panel and direction to begin gathering names. - At the June 21 City Council meeting direction was given to have the Technology Working Group prepare and present a business plan for the most beneficial way(s) to lease the 11.5 miles of conduit Eagan is installing adjacent to the School District 196 fiber route. - The Technology Working Group will be the successor to the original Technology Task Force established by the City Council in 2004. - Names have been gathered from original task force members still willing to serve, responses to stories in the local newspapers soliciting citizens with interest of serving, and the recruitment of members with specific technology expertise needed to advise the City Council on the matters it is expected to handle in 2005/2006. - From the large companies Theresa Wise, Chief Information Officer of Northwest Airlines and member of the original task force has agreed to serve as the lead large company representative, along with the director of data convergence at Blue Cross Blue Shield, and the principal technology architect for Thomson Legal & Regulatory. - At least three other original members of the task force, including Ruthe Batulis from the Northern Dakota County Chambers of Commerce, and management consultant Al Zeitz have agreed to serve again. - There will again be representatives from City Commissions (Telecommunications, Economic Development and Planning.) - Citizens expressing interest and added to the working group include a technology market research consultant and a local Web developer. - All are excited to begin their work assignments. - In addition to the business plan for the 11.5 mile conduit route, the Technology Working Group is expected to make recommendations regarding the results from the Request For Information to Wireless providers, to examine how Eagan can obtain world-class Internet speeds, and possibly also examine cell phone coverage within the City. ATTACHMENTS: Technology Working Group roster on page as Technology Task Force Roster Large corporation IT representatives Theresa Wise, Chief Information Officer, Northwest Airlines Lou Gallagher, Director of Voice & Data Convergence, Blue Cross Blue Shield of Minnesota, including responsibility for remote access & connectivity. Kevin Hansen, Principal Technology Architect, Thomson Legal & Regulatory Technology group. General business representatives Ruthe Batulis, Northern Dakota County Chambers of Commerce President Al Zeitz, Management Consultant Eagan residents Jim Moeller, Moeller Ventures, Technology Market Research consultant Drew Gorton, principal of Gortons.Net, a provider of custom web solutions to a wide variety of clients, from educational to telecommunications and retail organizations. Representatives of the City Commissions Jody Mikasen Telecommunications Commission member Raza Hasan, Economic Development Commission member Advisory Planning Commission member to be named Staff representative Tom Garrison Communications Director City of Eagan Ex-officio: Jon Hohenstein Community Development Director Kristi Petersen IT Manager a6 Agenda Information Memo July 19, 2005, Eagan City Council Meeting K. ACCEPT FINAL REPORT -NORTHEAST EAGAN LAND USE STUDY ACTION TO BE CONSIDERED: To accept the Final Report of the Northeast Eagan Land Use Study Advisory Committee. FACTS: - At its meeting of July 6, 2004, the City Council implemented a moratorium through March, 2005 for purposes of studying alternative land use scenarios for a one square mile section in northeast Eagan to determine whether justification exists to change the City's Comprehensive Land Use Guide Plan designation for properties in that area. - The Council identified a number of policy and development factors to be considered as a part of the study including: relationship to existing uses and plans of existing businesses, adequacy of commercial land supply, airport noise, revenue and service cost impacts, parks needs, economic development policies, mixed use options, transportation needs and impacts and environmental impacts. - At its meeting of August 17, 2004, the Council authorized staff to retain Rusty Fifield of Hoisington Koegler Group to perform the land use study and on September 7, 2004, the Council approved the study scope and contract were approved for the study. The Council also appointed the Study Advisory Group, which consisted of representatives of the Planning, Pazks, Economic Development and Airport Relations Commissions. - Stakeholder interviews were conducted and Committee meetings were held between October, 2004 and January, 2005, at which time the status of the general study and the results of the initial traffic study were reported to the City Council and the Council gave direction to suspend Committee work while a traffic study covering a broader scope was completed. The additional traffic study was completed in April and the Committee recoavened in May, 2005 and approved a final draft of its report in June. - The Study Committee concluded that there is not sufficient reason to change the Comprehensive Guide Plan for the Northeast Eagan Land Use Study Area and made a series of weighted findings relative to that conclusion. The Study Committee did conclude that it the City should take the steps necessary to fund and implement additional transportation improvements in the northeast Eagan/northwest Inver Grove Heights area to address regional transportation issues identified in the course of the study. - At its workshop meeting of July 7, 2005, the City Council received a presentation of the Study Report by the study consultant, Mr. Fifield, and received comments by Committee members Cazla Heyl and Chuck Thorkildson and Peter Coyle, on behalf of the Loan Oak Development Partnership and the Laukka-Beck property owners. At that time, the Council directed formal action on acceptance of the report to be placed on the consent agenda for its next regular meeting. a7 - The Council also directed staff to place an item on its agenda to direct preparation of a policy for the identification of specific transportation improvements necessary in the northeast Eagan/northwest Inver Grove Heights area. as well as the means to fund and implement such improvements. Action in that regard is addressed in the newt Consent Agenda Item. ATTACHII~NT5: Study materials were included in the July 7, 2005 City Council Workshop packet. ~~ Agenda Information Memo July 19, 2005, Eagan City Council Meeting L. AUTHORIZE PREPARATION OF POLICY FOR IlVIPLEMENTATION AND FUNDING OF TRANSPORTATION IlVIPROVEMENTS IN THE NORTHEAST EAGAN AREA ACTION TO BE CONSIDERED: To authorize preparation of a policy for the implementation and funding of transportation improvements in the northeast Eagan area to address the needs identified in the traffic studies associated with the Northeast Eagan Land Use Study. FACTS: - As noted in the preceding agenda item, one of the findings of the Northeast Eagan Land Use Study is that substantial traffic issues exist and will grow on the state and county road system as a consequence of a number of factors, including the continued development of northeast Eagan, the anticipated development of northwest Inver Grove Heights, the growth of communities south and east of this area, such as Rosemount and Farmington which place demands on TH 3 and TH 149 and background traffic through the area. - The combination of these factors will make it necessary for the cities, the county, the region and the state to recognize the need for substantial transportation improvements and enhanced connections between the County Road and State Trunk Highway systems and the Interstate system and to amend future transportation improvement plans to address these demands. - The Northeast Eagan Land Use Advisory Committee recommended that the City of Eagan consider an amendment of the Transportation section of its Comprehensive Guide Plan to address this finding. The City's Transportation Infrastructure Needs Analysis provides a first step in planning for the improvements that may be anticipated within the City's boundaries. - A comprehensive improvement plan to address all of the factors affecting the roads in the area will likely require cooperation between a variety of agencies. The funding of the improvements will also require the participation of both public and private parties. In order to take the steps necessary to more clearly identify the improvements necessary, define financial opportunities and obligations, leverage the changes of plans and policies necessary to permit the changes and fund and implement them, it would be appropriate for the City to adopt a policy to guide those activities. - This action item would authorize preparation of such a policy and direct staffto begin taking steps to engage the appropriate agencies in discussions of these issues. ATTACHMENTS: None. ~9 Agenda Information Memo July 19, 2005, Eagan City Council Meeting M. APPROVE AGREEMENT WTTH BRAUN INTERTEC TO PERFORM A PHASE I ENVIRONMENTAL REVIEW OF THE CEDAR GROVE REDEVELOPMENT DISTRICT CORE AREA ACTION TO BE CONSIDERED: To authorize execution of a work order for Braun Intertec to perform Phase I and Phase 2 Environmental Reviews of the Cedar Grove Redevelopment District Core Area. FACTS: - The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. - At the present time, the City is in negotiations with a master developer for the redevelopment of the Core Area of the Redevelopment District. Part of the proforma analysis and financial projections related to the project involves assumptions concerning the cost of environmental remediation that maybe necessary before certain of the properties can be utilized for redevelopment purposes. - The City has solicited proposals from Braun Intertech to perform Phase I and Phase 2 assessments of the Core Area to better define the extent of environmental issues for the properties. The proposals would be under the City's executed Professional Services Agreement with Braun Intertec dated August 4, 2003. - The Phase 1 review is proposed to be completed for $20,000 and the Phase 2 review, which involves more detailed and direct investigation of properties is proposed to be completed for $57,287. - The City has previously been approved for a Metropolitan Council Planning Grant for the redevelopment area that would provide up to $25,000 toward the costs of the reviews. The remaining $52,287 would be covered by tax increment financing proceeds. ATTACHMENTS: None. 30 Agenda Memo July 19, 2005 PUBLIC HEARINGS A. PROJECT 922, LONE OAK DRIVE/ LONE OAK PARKWAY TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 922 (Lone Oak Drive/ Lone Oak Parkway -Trail Improvements) and authorize the preparation of detailed plans and specifications.. FACTS: • On March 23, 2005 City staff received a petition from CSM Corporation, developer and owner of properties adjacent to Lone Oak Drive in the Waters Area in northeast Eagan, requesting trail improvements, along the west boulevard of Lone Oak Drive and bone Oak Parkway. • On April 5, 2005, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the installation of a sidewalk/trail on Lone Oak Drive and Lone Oak Parkway. • On June 7, 2005, the feasibility report for Project 922 was presented to the City Council and a Public Hearing was scheduled for July 5 to formally present and discuss the report with the adjacent property owners. • An informational meeting was held with CSM Corporation on Wednesday, June 29, 2005 to review and discuss the proposed improvements. • On July 5, 2005, the City Council opened and continued the Public Hearing to July 19, 2005 at the request of the petitioner. ISSUES: • A significant amount of assessable frontage is adjacent to the United States Postal Service (LJSPS) Regional Facility Service Center on Lone Oak Parkway. The City does not have any authority to assess this property without their consent. It should be noted that the USPS was not one of the petitioners. The feasibility report identifies the construction of a more economical bituminous trail along this segment of the project as an alternate for the Council's consideration and direction. ATTACHMENTS: • Feasibility Report, pages ~ through U 3/ City of Eagan Report for Lone Oak Drive/Lone Oak Parkway Waters Area Trail Improvements City Project No. 922 Eagan, Minnesota July 9, 2005 ~3a City of Ea~a~ Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnes~ ~ ~~ Timothy J. Date: =~~"_ Reg. No.42024 www.cityofeagan.com THE LONE OAK TREE The symbo(of strength and growth in our community. July 1, 2005 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Lone Oak Drive/ Lone Oak Parkway Waters Area Trail Improvements City Project No. 922 Dear Mayor and City Council: Attached is our report for the Lone Oak Drive/ Lone Oak Parkway -Trail Improvements, City Project No. 922. `The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Since,_~G~~ ~` Timothy J. lath, PE Transportation Engineer "~--cJ~ l~•, 'r Department of blic Works Reviewed By: ~, Finance Dept. ~~ Date: ~''~ ~,. ~ , ~~.' '~ ~ (` ~s Date: TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Scope/ Introduction ...............................................................................................2 Feasibility and Recommendations ..............................................................................3 Proposed Improvements ...........................................................................................4 Permits/ Right-of--Way ............................................................................................5 Cost Estimate ........................................................................................................5 Area to be Included ................................................................................................6 Assessments ..........................................................................................................6 Assessment Financing Options ...................................................................................7 Revenue Source ......................................................................................................8 Project Schedule .....................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures -1 Location Map -2 Trail Improvement/ Assessment Map -3 Proposed Typical Sections 35~ June 2005 Trail Improvement Report Lone Oak Drive/ Lone Oak Parkway Eagan, Minnesota Scope/ Introduction This project provides for the construction of an 8-foot wide bituminous trail along the west side of Lone Oak Drive from Lone Oak Road to Lone Oak Parkway. Also included for consideration is additional trail construction along the west side of Lone Oak Parkway from Lone Oak Drive to Northwest Parkway, in northeast Eagan. Figure I, located at the back of this report, shows the project location. Lone Oak Drive and Lone Oak Parkway are 84-foot wide parkway streets with sodded center medians constructed in 1987 with adjacent business campus development known as the "Waters". Development of the Waters area did not include the construction of sidewalks or trails within public right-of--way. This project was initiated in response to a petition from the CSM Properties, Inc., developers and owners of various properties adjacent to Lone Oak Drive, to provide improved pedestrian facilities for their tenants and employees in the area. The City's Master Trail Plan, most recently updated in 1994, does not identify the need for a trailway connection as proposed with this project. While it has not been City policy to require developments to install sidewalks/trails in business campus areas, recent changes in lifestyles and health habits has created a demand for pedestrian improvements such as proposed with this project. z ,~S Additionally, the ongoing Northeast Eagan land use study further supports the appropriateness of the proposed trail construction. The area of the study is generally located north of Lone Oak Road and east of TH 149 (Dodd Road). The final study will provide the Council with information needed to properly evaluate the current land use designation. The analysis includes road capacity, interstate interchanges, aviation (location of airport and noise), land supply for various uses, economic impacts, etc. Preliminary results of the traffic study component indicate that improvements to the northeast area transportation system will be required regardless of the future land use in this area. These improvements have been included in the draft Transportation Infrastructure Needs Analysis (TINA) as projects E108-E111. Specifically, project E110 is likely to require an upgrade of Lone Oak Drive's roadway functional classification. The proposed construction of a bituminous trail would be consistent with the City's design standards for collector or arterial roadways. Feasibility and Recommendations This project is necessary to provide safe pedestrian access along Lone Oak Drive and Lone Oak Parkway (alternate). This project is cost-effective in that the needed trail system will be constructed as a whole instead of in portions by individual development. It is recommended that this improvement be combined with other similar improvements within the City to encourage additional cost savings due to the benefit of scale. This project was initiated by a single petitioner who owns all of the parcels along the Lone Oak Drive portion of the project. In order to comply with the City's assessment policy, this petitioner will be solely responsible for 100% of the costs associated with the improvements along their parcels. It is recommended that the petitioner be required to execute a waiver of appeal for any and all assessments related to the portion of the project along their parcels prior to approval of plans and specifications to avoid the City incurring any costs associated with this project. ~' Proposed Improvements This project provides for the construction of an 8-foot wide bituminous trail with a 9-foot boulevard green space adjacent to Lone Oak Drive from existing sidewalk on Lone Oak Parkway to fixture bituminous trail on Lone Oak Road, as shown on Figure 2. Bituminous trail along Lone Oak Parkway from Lone Oak Drive to Northwest Parkway (adjacent to the US Postal Service Information Center property - Outlot D, Lone Oak) is presented herein as an alternate to the project, as discussed below. Alternate: While the proposed trail along Lone Oak Drive is adjacent to property owned by the petitioner, CSM Properties; the petition also requested the installation of trail along Lone Oak Parkway, along property owned by the US Postal Service (LISPS). CSM feels this portion is needed to provide further connectivity of the trail system in the area. The USPS did not pay a trail dedication fee at time of development of their building, and likely would not recognize a special assessment toward their property for trail installation. Given the City's inability to specially assess the USPS property, the City Council should consider this segment of trail separately. Typical sections for both the main trail construction and the alternate construction are shown on Figure 3. On December 13, 2004, the City Council approved the Community Transportation Trail System Policy for staff implementation. The policy states that proposed trail segments should be evaluated with its criteria to ensure the utmost safety and practicality for the citizens of Eagan while bearing in mind proper fiscal responsibility. The policy also states that its guidelines should be used as a general method to rank all future trail segments to be constructed as public improvements. In reviewing the proposed trail segments, the trail policy evaluation indicated a medium ranking for both segments. Based on this evaluation, the trail segments are supported by the City's trail policy. 37 Permits/ Right-of--Way It is anticipated that only a MN Pollution Control Agency Construction Stormwater Permit for projects disturbing over one acre will be required. All of the proposed work with this project, including the alternate construction, will take place within the existing right-of--way of Lone Oak Drive and Lone Oak Parkway. Cost Estimate A detailed cost estimate is located in Appendix A. The estimate is based on anticipated 2005 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. Lone Oak Drive Trail Construction $116,700 Lone Oak Parkway Trail Construction (Alternate) $ 71,600 ,3 8' Area To Be Included Listed below are the properties proposed to be assessed and the construction area of the project. Construction Area Lot 1, Block 1 Blue Ridge 2nd Addition Lot 1, Block 1 Blue Ridge 4`t' Addition Lot 1, Block 1 Blue Ridge 5~' Addition Assessment Area Lot 1, Block 1 Blue Ridge 2nd Addition Lot 1, Block 1 Blue Ridge 4~' Addition Lot 1, Block 1 Blue Ridge 5`" Addition Alternate- Lone Oak Parkway Construction & Assessment Area Outlot D, Lone Oak Assessments A preliminary assessment roll is provided in Appendix B located at the back of this report. An assessment map is shown on Figure 2. Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for sidewalk/trail improvements for commercial/ industrial properties on local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. If the alternate construction is approved, it is also proposed to assess the trail construction adjacent to the USPS Information Center (Outlot D, Lone Oak) on a front footage basis based on final costs. 396 City Special Assessment Policy Assessment Ratio Property City Local Sidewalks/Trails • CommerciaU Industrial 100% 0% All commerciaU industrial lots as shown on Figure 2, adjacent to the trail to be constructed, are proposed to be assessed. The City's Assessment Policy states that 100% of the trail costs are assessable. The estimated cost for trail per commercial/ industrial foot to be assessed based on the City Assessment Policy for the Lone Oak Drive portion of the project is $41.40/ Front foot and is calculated as follows: 1) [$116,700 (Trail Cost) x 100%] _ $116,700 (Total Assessment) 2) $116,700 (CommerciaUIndustrial Assessment) -~ $41.40/foot 2,819 F.F. The estimated cost for trail per commerciaU industrial foot to be assessed based on the City Assessment Policy if the Lone Oak Parkway (Alternate) portion is included as part of the project is $43.20/ Front foot and is calculated as follows: 1) [{$116,700 + $71,600 (Trail Cost)} x 100%] _ $188,300 (Total Assessment) 2) $188,300 (CommerciaUIndustrial Assessment) ~ $43.20/foot 4,359 F.F. Assessment Financing Options The property owners will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over ten years for commerciaUindustrial properties with the interest determined by the results of the bond sale used to finance the improvements. ~~, The following payment schedule will result based on an estimated S.0% interest for the assessed amounts: Assessment Schedule (per $10,000 Assessment) Principal Per Year Interest Per Year Cost Per Year First Year $1,000 $500 $1,500 Tenth Year $1,000 $50 $1,050 Revenue Source Lone Oak Drive Trail Estimated Estimated Project Cost Assessment Revenue Balance $116,700 $116,700 $0 Lone Oak Drive and Lone Oak Parkway Trail (Alternate) Estimated Estimated Proiect Cost Assessment Revenue Balance $188,300 $121,800 ($66,500) It is proposed to assess the benefiting properties the entire cost of the proposed improvements along Lone Oak Drive in accordance with the City Assessment Policy. The remaining balance of the cost of the improvements along Outlot D of the Lone Oak Plat, $66,500 with the alternate construction, would be the responsibility of the City's Major Street Fund due to the City's inability to collect assessments from the United States Post Office: The amount of trail dedication fees previously paid by affected properties has been appropriated to the City's Major Street Fund, for use in the construction and maintenance of trails adjacent to collector and arterial roadways. ~~a Proiect Schedule Present Feasibility Report to City CounciU Order Public Hearing ................................................................. June 7, 2005 Public Hearing .................................................................................. July 5, 2005 Approve Plans and Specifications ..............................................................August 16, 2005 Award Contract ..................................................................... September 20, 2005 Project Completion ..........................................................................October 31, 2005 Final Cost Report ........................................................................... December, 2005 Final Assessment Hearing ................................................................................ Winter, 2005 First Payment Due with Property Tax Statement .................................... May 15, 2006 ~~9 Appendix A Lone Oak Drive Trail Improvements City Project No. 922 Preliminary Cost Estimate I. - Lone Oak Drive Trail Item No. Item Unit Est. Qty. Unit Price Est. Cost 2021.501 Mobilization LS 1 $4000.00 $4,200 2104.SOI Remove Concrete Curb and Gutter LF 265 $6.50 $ 1,720 2105.501 Common Excavation CY 1,000 $12.00 $12,000 2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON I,O50 $20.00 $21,000 2350.501 2" Bituminous Walk (LV45030B SY 2,535 $8.00 $20,280 2521.602 Pedestrian Ramps (w/ Truncated Domes) EA 11 $800.00 $ 8,800 2575.505 Sod and 4" To soil SY 3,500 $5.00 $17,500 Subtotal S 85,500 + 5% Contingencies $ 4,300 Subtotal $ 89,800 + 30% Indirect Costs $ 26,900 TOTAL $116,700 !¢3 II. - Lone Oak Parkway Trail Item No. Item Unit Est. Qty. Unit Price Est. Cost 2021.501 Mobilization LS 1 $2,600.00 $2,600 2104.501 Remove Concrete Curb and Gutter LF 145 $6.50 $ 950 2105.501 Common Excavation CY 550 $12.00 $ 6,600 2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON 570 $20:00 $11,400 2350.501 2" Bituminous Walk LV45030B) SY 1,370 $8.00 $10,960 2521.602 Pedestrian Ramps (w/ Truncated Domes) EA 6 $750.00 $ 4,500 2564.531 Si Panels T e C SF 56 $25.00 $ 1,400 2564.618 Zebra Crosswalk White-E oxy SF 576 $7.00 $ 4,050 2575.505 Sod and 4" To soil SY 2,000 $5.00 $10,000 Subtotal $ 52,500 + 5% Contingencies $ 2,600 Subtotal $ 55,100 + 30% Indirect Costs $ 16,500 TOTAL $ 71,600 `-t`~ Appendix B Lone Oak Drive Trail Improvements City Project No. 922 Preliminary Assessment Roll I. Lone Oak Drive Trail Parcel Front Rate/ Estimated Parcel ID No. Footage Front Foot Assessment 10- Lot 1, Block 1 Blue Ridge 2nd Addition 14576- 010-01 412 $41.40 $17,100 10- Lot 1, Block 1 Blue Ridge 4th Addition 14578- 010-01 771 $41.40 $31,900 10- Lot 1, Block 1 Blue Ridge Sth Addition 14579- 010-01 1,636 $41.40 $67,700 TOTALS 2,819 $116,700 II. Lone Oak Drive and Lone Oak Parkway Trail (Alternate) Parcel Parcel ID No. Front Footage Rate/ Front Foot Estimated Assessment 10- Lot 1, Block 1 Blue Ridge 2nd Addition 14S76- 010-01 412 $43.20 $17,800 10- Lot 1, Block 1 Blue Ridge 4th Addition 14578- 010-01 771 $43.20 $33,300 10- Lot 1, Block 1 Blue Ridge 5th Addition 14579- 010-01 1,636 $43.20 $70,700 10- Outlot D, Lone Oak 45700- 040-00 1,540 $43.20 $66,500. TOTALS 4,359 $188,300 ~s Q MENDOTA HEIGHTS I _ __._... _ _. _._ _ INTERSTATE - 494 ~ cexnw ~`. Ro ~E ~ TR~'Hr~y ~" Y ~~ t~'t ~, ~"~~ S~ ~ ~~ - `b Project fs ~ ~~ ~ ocatio ~. ~~~~ I a` I I, II LONE AK ROAD _ _ _ _ _ ~ _ _ _ _~ _ _ _ x LONE OAK ROAD \ . 'y / \ 1 it - -/ I ~ T ~U~ky~'Y ~~ ~ I ~ ~ ~O~ Ss / I I ~~,. w ,~ Q ~~\_ Z J ` a 1~ ~ p ~------ _ ~ YANK~E~OODLE ROAD _ _ _ - -~ /YANKEE DOODLE RD. - _ 1 _ - LEGEND " ~t~ EXISTING SIDEWALK - - - °~' PROPOSED TRAIL I; FUTURE TRAIL - - - - .Z ~, ~v ~ ~ %0 \ `O ~~ \~ 1 ~ I LONE OA FOURTH ADDITION ~ o __~`\~ HWEST !`~ "_ s 5 0 i ~\~ %~~, ` - ~~\~\ \~\ ~~+". \ \~ r~~~~,,~ .,, 2900 ~ ~ ~ .~~ . ~ ~~ :~ r ~~ .`~\~.. `~ ~' ~~~~ 5 ~ {~~` 2915 .y ~ R, `~ JI --~_--~a _------- ;i ,~ , ~ , ,,~-- ~-~~---` `s~ NORTHWEST AIRLINES l I.~I i ' L XISTING SIDEWALf RQ~OSED~~ RAJL UTURE TRAIL `,~.~ RO~?~5~E-D--~~SSESS ~''~~~ 1 1 LONE OAK SECOND D O{/R~A 1 SILICON FIRST ADD. T --- -- _ ,~ _ ~r' ~J i' r ~. `i ~~~d"t'~, i, l,~ ~ ~ ` ~~ ECOND t S CRAY I;'.~ ADDI'f 10N ~/ r' \\~`~~: rair~rr ev~nc LIJTVI. cN. Q ~..!^. olass O ..~'1 ((/ -A \ ~ ~~,, ' ~~ 2 0 mass ~l, ,=~v l % ~~ ~ 2980 ow55 ,\ ., ~ oeo-ss woas .~ /~~ ~-~ ,~~_ Lone Oak Drive /Lone Oak Parkway -Trail Improvements Fi ure City of Ea~~ 2 Engineering Department r `~ // City Project No. 922 1 CTI ON TUMINOUS TRAIL (LV4, B) ~G. BASE, CL. 5 (1009 CRUSHED) Proposed Typical Section Pik .i- NF ~~ of ~a~Il Engineering Department Lone Oak Drive one Oak Parkway -Trail Improvements ity Project No. 922 Figure 3 Trail {mprovements Agenda Information Memo July 19, 2005 B. PROJECT 813, CENTRAL PARKWAY - STREETSCAPING FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: 1) Approve the Final Assessment Roll for Project 813 (Central Parkway - Streetscaping Improvements) for the Lockheed Martin Parcels and authorize its certification to Dakota County for collection: or, 2) Cancel the Assessments for Project 813 (Central Parkway - streetscaping Improvements) as they relate to the Lockheed Martin Parcels. FACTS: • Project 813 provided for the installation of streetscaping elements, including boulevard and median landscaping, street and pedestrian way lighting, entrance and linear monumentation, etc., along Central Parkway as outlined and discussed in the feasibility report. • On June 21, 2005, the City Council held the final assessment public hearing for Project 813 (Central Parkway streetscaping improvements) to formally present the final costs associated with this public improvement to the affected benefiting properties. The Council approved the final assessment roll for the Argosy and Duke parcels in accordance with the development agreement for the Eagan Preserve. • At this same meeting, Lockheed Martin submitted an objection to their proposed assessment and the City Council continued consideration of the final assessment roll with Lockheed Martin until July 19, 2005. • The 2 parcels owned by Lockheed Martin have had their proportionate assessment obligation limited to $155,677 by an appraisal in lieu of the estimated benefit value of $498,870. The appraised value is 69% less than the benefit amount that was presented at the original Public Hearing held on May 7, 2002. The City's Major Street Fund will finance any remaining costs that are not assessed. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of their proposed final assessment and this public hearing. ISSUES: • Lockheed Martin's objection is based upon their reference to an agreement dated December 27, 2001, in which they say that no costs were to be assessed to Lockheed Martin related to Central Parkway. The agreement was created for the purpose of the street and utility improvements constructed as a part of Project 790R which were not assessed. The streetscaping improvements were performed under Project 813 as a separate improvement at a later date. There maybe some ambiguity as to whether the subsequent streetscape improvements performed under Project 813 were precluded from being assessed under the referenced agreement. Enclosed as an attachment is a synopsis of pertinent events in the history of this public improvement. The City Attorney's office will advise the Council on his opinion of the sustainability of the assessment in response to any potential appeal. ATTACHMENTS: .-~ • Project history, pagess V through • Lockheed Martin Objection previously distributed. `~9 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: July 14, 2005 RE: Project 813 -Central Parkway - Streetscaping Improvements Lockheed Martin Assessment In response to the Council's request, I have had an opportunity to review Lockheed Martin's objection to the assessment for Project 813, and have reviewed the factual context of the issues raised by Lockheed. I have tried to summarize below the pertinent facts, which I believe would influence the Council's determination. 2000 April -City receives a petition from Duke-Weeks Realty requesting the installation of utilities and the street construction and street lighting for the property later acquired by the City for the community center. April 18 -Council authorized the preparation of a feasibility report for the construction of Central Parkway. (The authorization included Project 768, Northwood Parkway, lying east of Pilot Knob Road.) October 3 -Public hearing held formally presenting the feasibility report to the City Council. The feasibility was prepared by SRF Consulting Group, Inc. The feasibility report described Central Parkway as a divided 58-foot wide ten ton bituminous roadway with concrete curb and gutter and a raised landscape median with aten-foot bituminous trail on the west and north side only. Additionally, it was noted that Central Parkway is proposed to be a pedestrian friendly corridor with landscaped medians and boulevards complimented (sic) with trees, trail lighting and roadway lighting. The City may wish to consider the option of constructing a heavily landscaped median to add to the aesthetics of the parkway and to discourage pedestrians from crossing in uncontrolled areas. Approximately 94,200 square feet of permanent right of way area and 2,100 square feet of drainage and utility easement area would need to be acquired from Lockheed Martin. The feasibility stated that the cost of Project 790 is proposed to be assessed to the benefiting properties on a front-foot basis. "No street improvements will be assessed to the Lockheed Martin property 5d as a result of a previous agreement between the City and Lockheed Martin". The proposed assessment roll indicated assessments for storm sewer only against the Lockheed Martin property. Project 768 (Northwood Parkway) was denied. Project 790 was continued indefinitely. December -Council directed staff to bring the feasibility report for Project 790 back to the Council on December 19. December 19 -Council directed Project 790 be modified to include a portion of the rejected project 768 and a public hearing was scheduled for January 16. (The direction was to expand the scope of Project 790 to include that portion of Northwood Parkway necessary to accommodate the signalization of Pilot Knob Road.) 2001 January 16 -Public hearing held to present Project 790R. SRF prepared a feasibility study and report for Central Parkway, City Project No. 790R, dated December 29, 2000. The description for Central Parkway under City Project No. 790R essentially remained the same as originally described under Project 790. However, the was a reference to the raised median being landscaped which was removed and it was now noted that "Central Parkway is ultimately proposed to be a pedestrian friendly corridor with a future separate option of constructing landscaped medians and boulevards complimented (sic) with trees, trail lighting and roadway lighting." The assessment roll would remain the same. The report also noted that approximately 7,000 square feet of additional right of way area would be required from Lockheed. The Council approved Project 790R and authorized preparation of plans and specifications. August -Council awarded the construction of the northern segment of Central Parkway from Pilot Knob Road to the community center entrance. December -Lockheed Martin grants a right of entry to the City in connection with Project 790. December 27 -City closes with Lockheed and executes a series of documents including the acquisition by the City of easements for rights of way, drainage, utility and watermains. The "Easement Acquisition and Exchange Agreement" states that in connection with Public Improvement Project 790, (hereinafter the Project"), the City desires to improve the existing perimeter road as located adjacent to the boundary of the City property and the LM property...in order to complete the roadway improvements under the Project, the City requires the acquisition of a permanent easement over a portion of the LM property...LM is willing to grant to the City the necessary easements to complete the roadway improvements under the Project all upon the terms and conditions contained herein. 5/ 6. Roadway Assessment for Construction of the Roadway Improvements. As a grant of the easement set forth in paragraph 1, above, is for he dedication of a public street, LM shall not be specially assessed or be responsible in any way whatsoever for any fees, charges or costs of any kind whatsoever for the construction of the roadway improvements under the Project as well as future improvements to the roadway that are designed to increase the capacity of the roadway. 11. Community Center/Central Park Project. LM will be not be assessed any other costs related to the Project or to the Community Center/Central Park Project. * • 19. Entire Agreement. This Agreement merges the Principles of Agreement Between the City of Eagan ("City") and Lockheed Martin Corporation ("LM") Regarding the City's Central Parkway Project ("Project") dated July 30, 2001 ("Principles of Agreement") and no waivers or modifications hereto shall be valid unless in writing and agreed upon by the parties hereto. 2002 January 8 -The Council authorizes an amendment to the feasibility report for Project 790R, since the City has now acquired the necessary rights of way. February 5 -Council received the revised draft amended feasibility report for Project 790R and scheduled a public hearing for March 19, 2002. February 5 -City Council authorized the preparation of feasibility report for Project 813(Central Parkway - Streetscaping Improvement). The agenda information prepared in connection with the City's action noted the following facts: • Apri12000 petition from Duke-Weeks • April 18 -Council authorization of feasibility report for the construction of Central Parkway • January 16, 2001 -Public hearing on revised feasibility report for Project 790R and the authorization for the preparation of detailed plans and specs • August 7 -Award of contract for the construction of the northern portion of Central Parkway • Based on the City's recently developed Master Streetscape Plan, it would be appropriate for the City Council to authorize the preparation of a feasibility report by the City's consulting engineer to refine the cost, scope, schedule and method of financing the installation of the streetscaping improvements for the entire length of Central Parkway. s'a March 19 -Council approves Amended Project 790R and authorizes the preparation of detailed final plans and specs for the remaining portion of Central Parkway improvements. The amended feasibility study is prepared by SRF and dated March 14, 2002. Under the amended report, Central Parkway remains described as in the January 2001 Report; however, removed from the report is the lang__uage stating that "Central Parkway is to be a pedestrian friendly corridor with a future separate option of constructing landscaped medians and boulevards complemented with trees, trail lighting and roadwaylighting as well consideration of the future option of constructin~La heavily landscaped median to add to the aesthetics of the parkway and to discourage pedestrians from crossing in uncontrolled areas." The amended report notes that all of the necessary easements have been purchased from Lockheed Martin. The assessment summary of the amended report states that no street improvements will be assessed to the Lockheed Martin and the proposed assessment roll discloses no assessments to Lockheed Martin. April 2 -Council receives the feasibility report for Project 813 and schedules a public hearing for May 7. Project 813 provides for the streetscaping of Central Parkway and incorporates decorative street and trailway lighting, decorative pedestrian paving, fencing, entrance monuments, landscaping irrigation, and miscellaneous amenities. On the same day, the City Council approved the plans for the completion of the remaining portion of Central Parkway as outlined in the amended feasibility report for Project 790R. April 16 -Council authorizes preparation of detailed plans and specifications for streetscaping and lighting of Central Parkway. The agenda information memo notes that Project 813 provides for the installation of streetscaping and lighting improvements to be incorporated with the Central Parkway roadway improvements (Project 790R). May 7 -Council awards the contract for the remaining portion of Central Parkway from Yankee Doodle Road to Pilot Knob Road. On the same day, Council approves Project 813 and authorizes preparation of detailed plans and specifications. The Council received a feasibility study for Central Parkway Streetscaping and Lighting (City Project No. 813) from SRF dated May 2, 2002. The report contains an itemization of several features as part of the project. These include the following: • decorative lighting -single and double fixture poles to be located between the sidewalk and curb • decorative paving -pedestrian walk areas at roadway intersections would be enlarged and highlighted with decorative pavers and a decorative concrete border is also Located on the median islands 5.3 • medians - a 10 to 15 foot wide curb median island is proposed, running the entire length of the parkway. Median islands will contain a combination of concrete servicing and landscape treatments, irrigation and signage The report also states that the two main entries to the property from Yankee Doodle Road and Pilot Knob Road should be highlighted with prominent landscape and site features (gateway corners). Additional right of way is needed to construct a portion of the gateway corners with landscaping behind them. 7,817 square feet of property needs to be acquired from Lockheed Martin for the easement area for the gateways. The feasibility report notes that the cost of Project No. 813 is proposed to be assessed to the benefiting properties on a front- foot and/or area basis. Streetscaping and street lighting improvements will be assessed to Lockheed Martin for their frontage and allocated at a rate based upon the frontage of each parcel. The proposed assessment summary sets forth a total of $498,870 to be assessed to Lockheed Martin, of which $397,157 is for the streetscape and $101,713 for the street lighting. Prior to the public hearing, Lockheed Martin provided a letter to the Mayor and City Council objecting to any assessment associated with the landscaping improvements. [See video tape] August 20 -Council approved Change Order No. 5 City Project No 790R. The change order included the following: The deletion of the installation of the ornamental railing along the top of the retaining wall constructed on the north side of Central Parkway under this contract (deduct $37,785). The ornamental railing was redesigned to be compatible with the other monument features under Central Parkway streetscaping (Project 813) and will instead be constructed under Contract 02-17 (Project 813) at a cost of $76,800. Council awards Contract OZ-17 for the installation of various streetscaping elements for Project 813. 2003 March -City Council approved Change Order No. 1 to contract 02-17 deleting the improvements (gateway corners) as proposed on Lockheed Martin's property with a deduction of $99,185.40 from the contract for Project 813. 2004 March -Project 790R is closed and following the public hearing, the City adopts the final assessment roll and authorizes certification to Dakota County. Lockheed Martin was not assessed for the improvements under Project 790R. If you have any questions concerning this matter, please feel free to contact me. MGD/jlt S~ Agenda Information Memo July 19, 2005, Eagan City Council Meeting VII. NEW BUSINESS A. REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT - CEDARSTONE DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) Rezoning of 5 acres from Agriculture to PD, Planned Development for property located at 1055 Wescott Road in the SW '/4 of Section 14. To approve (OR direct findings of fact for denial) a Preliminary Subdivision to create 91ots on property located at 1055 Wescott Road in the SW '/4 of Section 14; Subject to the conditions in the staff report. To approve (OR direct findings of fact for denial) Preliminary Planned Development to create 3 twin homes (6 units) and two single family lots for property located at 1044 Wescott Road in the SW '/4 of Section 14; Subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL - Majority of Council Members present FACTS: - At the regular City Council meeting on December 13, the applicant withdrew the application for rezoning to Planned Development, Freliminary Subdivision to create 8 lots and a Preliminary Planned Development for 14 twin homes. - The current Site Plan depicts access for the development onto Wescott Road via public street. The proposal includes 6 twin home units and two single family units. Public street access for the possible future development of the adjacent 5-acre property to the west (Parce1030-53) is possible. - As presented, there are deviations to the R-2 standards regarding setbacks. - The subject site is surrounded by single family detached residential uses. Properties to the north and south are fully developed. The property to the east and west are zoned Agriculture and have potential to be developed further. - Conditions of approval regarding streets identified in the planning reports and at the public hearing for this development should apply. - The Advisory Planning Commission held a public hearing on June 28, 2005 and is recommending denial. ss ISSUES: - The APC concluded the proposed Planned Development provided little benefit to the City, may not be consistent with the surrounding area, one of the units encroached on the wetland and doesn't meet the Planned Development criteria. - The APrC recommended denial of the proposal based on the consensus that the applicant did not sufficiently test the avoidance option and suggested several alternative designs (fewer units) for consideration. The APrC would also like the site redesigned so there is no encroachment on the wetland buffer to the south. The applicant indicated at the APC meeting that he could address the issues raised by the APrC, but have not submitted revised plans. 60 DAY AGENCY ACTION DEADLINE - October 5, 2005 (City has extended 60 day extension) ATTACHMENTS (3): June 28, 2005 APC mi utes on pages ~ through Staff Report on pages through June 20, 2005 APrC minutes on pages~through~ ~s6 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA June 28, 2005 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 28, 2005 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Bendt, Chavez, Dugan, Hansen, Matthees and Alternate Keeley. Also present were, City Planner Mike Ridley, Planner Sheila Cartney, Planner Pam Dudziak, City Attorney Bob Bauer, Assistant City Engineer John Gorder, and Recording Secretary Camille Yungerberg. AGENDA City Planner Ridley stated item B would be reviewed at the August 2, 2005 City Council Meeting. Member Gladhill moved, Member Bendt seconded a motion to adopt the Agenda as amended. All voted in favor. Motion carried 7-0. May 24, 2005 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Hansen moved, Member Chavez seconded a motion to approve the May 24, 2005 Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 7-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) 1V. PUBLIC HEARINGS New Business A. Cedarstone of Wescott Applicant Name: Cedarstone Development Company Location: 1055 Wescott Road; 100140004153 Application: Rezoning A Rezoning of approximately 5 acres from A, Agriculture to PD, Planned Development. File Number: 14-RZ-01-06-05 Application: Preliminary Planned Development A Preliminary Planned Development to create a mixed use of Three (3) townhomes and two (2) single family homes. File Number: 14-PD-02-05-05 s~ City of Eagan Advisory Planning Commission Meeting Minutes June 28, 2005 Page 2 Application: Preliminary Subdivision A Preliminary Subdivision of 4.62 acres to create 9 lots. File Number: 14-PS-03-05-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated June 21, 2005. She noted the background and history. Patrick Plautz, Cedarstone Development discussed concerns of the previously submitted plan and changes that have been made. He stated a homeowners association will maintain the driveway of the twin homes as well as the snow removal. Chair Heyl asked Mr. Plautz to explain his response to issues raised by the Park Commission. George Abernathy, Alliant Engineering stated they can address the Park Commissions request and attempt to satisfy concerns of the wetland encroachment. Chair Heyl opened the public hearing. Erwin Dahl, resident to the east of the proposed asked how the property will affect the drainage of his property. Sue Vruno, 3708 Cardinal Way asked the City to be cautious of the drainage of the property, especially after resent storms. She also stated this plan is an improvement from the pervious plan. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Mr. Abernathy displayed the Storm Water Management Plan and explained drainage details including added storage and stated the plan has been approved by the City. Assistant City Engineer John Gorder explained that a primary and secondary overflow have been provided to offset the drainage concerns. Chair Heyl stated the proposal is a definite improvement; however she is still concerned with the environmental issues. She stated 45% of trees are still being removed and encroachment of the pond exists. She stated the proposal still does not appear to fit. the property and does not meet conditions A, C, D, and E of the Subdivision, City Code 13.20 Subd.6. She also stated that the site is too crowded, they are trying to get too many units on this lot. Member Chavez stated he does not disagree with the density, however he does disagree with the use of the property. He agreed with Chair Heyl in that the proposal does not meet the conditions. Member Gladhill agreed and didn't see what the benefit to the city was to do a Planned Development S8 City of Eagan Advisory Planning Commission Meeting Minutes June 28, 2005 Page 3 Member Gladhill moved, Member Chavez seconded a motion to recommend denial of a Rezoning of approximately 5 acres from A, Agriculture to PD, Planned Development because the following requirements have not been satisfied: City Code Chapter 11.60, Subd. 18, A. 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. City Code Section 13.20 Subd. 6 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. A vote was taken. Aye- Chair Heyl, Members Matthees, Chavez, Hansen, Dugan, and Chavez. Nay- Member Bendt. Motion carried 6-1. Member Gladhill moved, Member Chavez seconded a motion to recommend denial of a Preliminary Planned Development to create a mixed use of three (3) townhomes and two (2) single fami{y homes because the following requirements have not been satisfied: City Code Chapter 11.60, Subd. 18, A. 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 3. Encouraging amore creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. City Code Section 13.20 Subd. 6 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. C. That the physical characteristics of the site including, but riot limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. 59 City of Eagan Advisory Planning Commission Meeting Minutes June 28, 2005 Page 4 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. Chair Heyl added opposition to the encroachment of the pond on the center units. She also stated too much is being placed on the property and she does not support granting of the variances. A vote was taken. Aye- Chair Heyl, Members Matthees, Chavez, Hansen, Dugan, and Chavez. Nay- Member Bendt. Motion carried 6-1. Member Gladhill moved, Member Chavez seconded a motion to recommend denial of a Preliminary Subdivision of 4.62 acres to create 9 lots because the following requirements have not been satisfied: - City Code Chapter 11.60, Subd. 18, A. 1. Providing greater flexibility in environmental design and relaxation of ,strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. City Code Section 13.20 Subd. 6 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. 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 thaf the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. A vote was taken. Aye- Chair Heyl, Members Matthees, Chavez, Hansen, Dugan, and Chavez. Nay- Member Bendt. Motion carried 6-1. ~D PLANNING REPORT CITY OF EAGAN REPORT DATE: June 21, 2005 APPLICANT: Pat Plautz PROPERTY OWNER: Same REQUEST: Rezoning, Preliminary PD, Preliminary Subdivision LOCATION: 1055 Wescott Road CASE: 14-PD-02-OS-OS HEARING DATE: June 28, 2005 APPLICATION DATE: June 8, 2005 PREPARED BY: Sheila Cartney COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning of five acres from Agriculture to Planned Development, Preliminary Planned Development to create 3 twin home buildings (6 units) and two single family lots and a Preliminary Subdivision to create 5 lots on property located at 1055 Wescott Road in the SW '/o of Section 14. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: 6/ Planning Report - Cedarstone Septemlier 28, 2004 - - -_ . _ _ -.- _. Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause . environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similaz burden. I. That the subdivision has been properly planned for possible solar energy system use . within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standazds 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 sef 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: d~ Planning Report - Cedarstone -- September 28; 2004 - Page 3 City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The subject property is not platted. An application for rezoning to R-2, residential double, was submitted in March 2004. At the May City Council meeting there was council consensus that the twin home proposal maybe appropriate if handled as a Planned Development and provided public streets. EXISTING CONDITIONS The site is heavily wooded; a single family home and a pole barn are present. Access is via Wescott Road. There is a large pond in the middle of the site. SURROUNDING U5ES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property:. Existing Use Zoning Land Use Desi nation North Single family PD, Planned LD, Low Density residential Develo ment residential 0-4 u/a South Single family PD, Planned LD, Low Density residential Develo ment residential 0-4 u/a East Single family A, Agriculture LD, Low Density residential residential 0-4 u/a West Single family A, Agriculture LD, Low Density residential residential 0-4 u/a 63 Planning Report - Cedarstone September 28, 2004 ~` Pagc 4 - EVALUATION OF REQUEST I. Planned Development Review Planned Development Zonin>? -The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher . standazds in exchange for that flexibility. The applicant's narrative indicates that as proposed the development "provides a creative and efficient land use that preserves the natural features of the property and provides economic advantage to residents of the planned community. Preservation of the wetland azea will be provided via granting of a conservation easement and remaining open space maintained by the homeowners association. Access to the adjacent properties will be provided via construction of a public roadway." Amenities -There is a conservation easement planned for the pond in the center of the subject site. The pond will be preserved and utilized for resident's enjoyment. There is a path on the east side of the development for residents to use. Homeowners Association -The association will be responsible for maintaining all common area. The association will be responsible for lawn care, snow removal, general maintenance of the ponds and storm water management for the twin homes. The single family homes will not b.e part of the HOA, but will have a maintenance agreement with the HOA for the shared drive. Bulk Standazds - As a Planned Development deviation from typical zoning bulk standards may be allowed. Simply for the purpose of discussion this proposal is reviewed under the R-2 zoning district minimum and maximum standards. Setbacks -The tables below indicates the proposed setbacks for the twin homes and the R-2 standards and the single family proposed setbacks and R-1 standards. Setback requirements are not established in a Planned Development zoning; however, the developer is proposing deviations from the R-2 standazds. Setback Twin Homes Ordinance Pro osed Front and 30eet 30+ feet* Side ard: Princi al Structure 0-10 feet 0-10 feet Rear azd: Princi al Structure 15 feet 12-15 feet Side ard: Accessory Structure 0-5 feet 0-5+ feet Rear ard: Accesso Structure 5 feet 5+ feet Between units 20 feet 24 feet • there is common area between the lots and the nuhlic rieht-of-wav Setback Sin le famil Ordinance Pro osed Front and 30eet 30+ feet Side ard: Princi al Structure 10 feet 10+ feet Rear ard: Princi al Structure 15 feet 15+ feet Side azd: Accesso Structure 5 feet 5+ feet Rear ard: Accesso Structure 5 feet 5+ feet ~~ Planning Report - Cedarstone - - - - September 28; 2004 Page 5 Setbacks are measured from the property line to the structure. The proposed twin homes are platted so that there is common area between the lots and the public right-of--way. The twin homes are setback 30+ feet from the public right-of--way. The garage for Lot 8 is 27 feet from the temporary cul-de-sac line. Building Coverage -The R-1 and R-2 zoning district allows for a maximum of 20 percent building coverage. The applicant did not provide building coverage calculations. The twin homes clearly exceed this requirement, but aze surrounded by common area. In similar developments an overall calculation for building coverage has been allowed. A table should be submitted that provides the breakdown of the maximum building size each lot can have in order to comply with this requirement. The single family homes should not be included in this average and should maintain the maximum 20% coverage per lot. If, in the future, home owners want to deviate from the established building coverage a Planned Development Amendment or variance would be necessary. Building Height -Building height is limited to 35 feet in height for twin homes-and single family homes. The submitted elevation plans do not indicate building height, as part of the final planned development the height of the buildings shall be established. Staff suggests the development maintain the 35 foot height maximum. Landscaping -Landscaping is not required for single family residential, but is required for tiwn homes. The Landscaping Plan appears adequate. The Landscape Plan shows plantings in the public right-of--way, which is not consistent with city ordinance; however a maintenance agreement can be worked out with the homeowners association in order to allow such plantings. The association should be responsible for maintaining all landscaping within the development. Parkin -The zoning code requires at least two enclosed parking spaces for each dwelling unit. The site plan indicates there are two enclosed parking spaces for each dwelling unit. Exterior Materials -The submitted color renderings do not indicate the building materials. It appears to be some type of siding and brick combination. The applicant should address building materials and submit legible more detailed elevations at the time of Final Planned Development Applications. Li -tin -Alighting plan was not submitted, if lighting is proposed a plan should be submitted as part of the Final Plaru~ed Development. No light should reflect onto adjacent property or publicright-of--way. Signage - A monument sign is proposed at the entrance of the site. According to the site plan the sign is located in the public right-of--way; the sign ordinance requires a 10 foot setback from the property line and not in public right-of--way. A maintenance agreement with the homeowners association is possible if City Officials deem this acceptable. The sign must comply with the Ciry of Eagan Sign Ordinanice. The sign materials are not identified on the plan, which should 6S Planning Report - Cedarstone September 28, 2004 Page 6 be consistent with the building materials. As part of the Final Planned Development a detailed sign plan should be submitted. The sign should conform to monument sign requirements, no more than 7 feet in height with a four foot maximum height of sign azea. Advisory Park and Recreation Commission -This proposal was before the Advisory Pazk and Recreation Commission (APrC) as a development item at the June 20, 2005 meeting. The APrC recommended denial. The denial was base don the consensus that the applicant did not sufficiently test the avoidance option and suggested several alternative designs (fewer units} for consideration. The APrC would also like the site redesigned so there is no encroachment on the wetland buffer to the south. The Planned Development zoning district. allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. II. Preliminary Subdivision Proposal -The applicant proposes to develop the 5 acre site with 6 twin home units and two single family detached units, as proposed this will be a single phase development. Conforming Plan -The conforming plan submitted illustrates 121ots conforming to R-2 standards. While the plan shows these lots meeting lot size and width requirements it clearly does not meet other ordinances and would require variances. This site plan also shows a public street on the west side of the property with some right-of--way on the adjacent property. Compatibility with Surrounding Area -The subject site is currently surrounded with single family detached residential uses. Properties to the north and south aze fully developed. The property to the east and west are zoned Agriculture and have potential to be developed further. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0- 4u/a). The Site Plan indicates the proposal can achieve the required density. While a twin home development maybe compatible with the area, it would introduce twin homes into a single family. Comprehensive Land Use Plan -The subject site is guided Low Density Residential allowing. , ; development of 0-4 units/acre. The Comprehensive Land Use Plan describes Low Density as primarily single family detached housing units, however; some attached housing maybe appropriate provided they comply with density restrictions and other applicable zoning regulations. As part of the Planned Development the applicant is asking for minor deviations to the R-2 lot size requirements and setbacks. According to the Comp Plan "the creation of new small lot subdivisions may also be appropriate in situations where: a) a maintenance organization or exterior maintenance provisions strategies are in place, b) the site contains physical characteristics that can be preserved through use of smaller lots and/or cluster design, and c) the development design is consistent with surrounding neighborhoods." As proposed a homeowner's association is necessary to maintain the common azea, this agreement could include maintenance provisions: The site does have many lazge significant trees that could be preserved through smaller lots and cluster design. (f ,, 66 Planning Report - Cedarstone ------ -September 28, 2004 - - Paee 7 The Comp Plan also discusses physical suitability. This section of the plan suggests that if there are significant natural features worth protecting, it maybe appropriate to utilize cluster design techniques to minimize disturbance of the natural features of the site. Concluding that cluster design would allow smaller lots in exchange for substantial preservation of the significant natural features within a subdivision. As proposed it is not clear as to whether this exchange is satisfied for the smaller lots and reduced setbacks and type of development. It is up to City Officials to determine if this proposal is compatible with the Comprehensive Land Use Plan designations. Densi -The proposed overall gross density is approximately 1.6 units/acre. The proposed net density (minus 90% of the pond leaving 3.71 acres buildable) is approximately 2.2 units/acre. The property is guided low density residential allowing 0-4 units/acre. Lots -The R-2 district requires a double lot to be 15,000 square feet or a twin home lot to be 7,500 square feet per unit. The lots as proposed are not that of a typical R-2 plat; however, the land area associated with the 6 twin home units far exceeds the 7,500 square foot per unit requirement. There is one parent parcel (Lot 3, 61,394 square feet) that contains Lots 4 through 9. Lots 4 through 9 ranges from 4,173 square feet to 4,598 square feet. The intention of the plat is to condo the plat so that the home owners own their home and 10-15 feet around the foot print of the house and the rest is common area maintained by an association. The R-1 district requires 12,000 square feet per lot. Lot 1 is proposed to be 55,386 square feet and Lot 2 is proposed to be 39,422 square feet. R-1 lots are to have at least 50 feet of public street frontage; Lot 2 does not have any street frontage which would require a variance to this requirement. R-1 lots should maintain a lot width of 85 feet at the front setback (30 feet) lot one does not meet this requirement; however, the lot is a 55,000 square foot flag lot and does meet the width requirement in the buildable area of the lot. Grading/ Topography -The preliminary grading plan is acceptable. The site is heavily wooded with relatively flat topography, with elevations ranging from 894 to 908 feet. A wetland lies in the middle of the site. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is subject to the City's codified land disturbance and erosion control regulations. Storm Drainage -The preliminary storm drainage plan is acceptable. Most of the development's storm water runoff will drain via public storm sewer to a proposed storm water basin before discharging into the existing wetland (Pond JP-43 as designated in the City Storm Water Management Plan) in the center of the site. Pond JP-43 will then discharge to existing stornz sewer within Wescott Road. Utilities -The preliminary utility plan is acceptable. A sanitary sewer pipe of sufficient size, depth and capacity is available along the west edge of the site within public easement. The development will connect to this sewer in two locations and will provide a pipe stub to the property to the east (Parce1050-53) for its future use. A7 Planning Report - Cedarstone September 28, 2004 _ . _. _. _ . Page 8 Existing water main of sufficient size and capacity within Wescott Road right-of--way is {~ available for connection and extension through the development. The developer will provide pipe stubs to the properties east and west for future use. The developer should abandon all existing well and septic systems within the site in accordance with City and County standards. Streets/ Access/ Circulation -The developer is proposing to provide street access to the twin home portion of the development via public street oriented east-west parallel to Wescott Road. The public street will be a m;n;mum of 28-foot in width (face-to-face of curb), With a m;n;mum of 50-foot right-of--way width. Wescott Road is classified as an arterial roadway in the City's Comprehensive Plan and carries about 12,000 vehicles per day. Access management is critical along Wescott Road to preserve its intended purpose of vehicle mobility while maintaining its safety. The two 5-acre unplatted parcels to the east (Parce1050-53) and west (Parce1030-53) will also require access to Wescott Road with their possible future development. To reduce the number of access points along Wescott Road for these three remaining properties, this development should provide street connections to the adjacent parcels by extending City engineering-standard public streets with dedicated right-of--way through the development from Wescott Road to the parcels, as shown on the preliminary site plan. A temporary cul-de-sac is required on the east end of the public street. parallel to Wescott Road, l as shown on the preliminary site plan. The developer should be responsible for installation of signage indicating the future street connection east and west to serve possible development of the adjacent properties. A 20-foot wide private drive extending north from the public street is proposed to serve the two single-family lots (Lots 1 and 2) along the north edge of the site. The private drive should be constructed to City code standards and with a vehicle turnaround in accordance with City engineering and fire department standards. A private easement covering this drive should be prepared and executed in a form acceptable to the City Attorney. . Easements/ Pemuts/ Ri t-of--Way -The developer should dedicate temporary public street easement, in a form acceptable to the City Attorney, over the temporary cul-de-sac on the east end of the public street. An entrance monument and landscaping is proposed within the boulevard area of the public right-of--way covering Wescott Road and the proposed public street. The monument and landscaping should be placed a minimum of 10 feet from the curb line of the public street and a minimum of 10 feet from the existing trail on Wescott Road. The developer should provide perpetual maintenance of these features by the development's homeowner's association, through agreement in a form acceptable to the City Attorney. 6~ Planning Report - Cedarstone - -September 28, 2004 Page 9 Water Quality- The subject site is located east of Fish Lake in the City's J-watershed. Some of the storm water runoff generated by the development will drain to a treatment pond that is proposed to be constructed next to the existing wetland in the middle of the parcel. Runoff from the other portion of the development will drain offsite. Minimum 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, parking lots, driveways, and walks). The total impervious proportion of this development is 33.2 percent. To meet City water quality requirements, a minimum wet-pond volume of about 0.13 acre-feet would be needed. The pond would have a maximum depth of six feet and a 10:1 aquatic bench begiiuiing at the normal water level. The remaining azea of the development that will drain offsite untreated is subject to a cash dedication in lieu of ponding. The majority of the storm water runoff from Lot 1 and a significant proportion of the runoff from Lots 5 through 8 will drain directly to the central wetland on the site. Compared to existing conditions, there will be a high increase in runoff volume to the wetland. In this same area, where the majority of the impact of the development is proposed to occur, the wetland buffer is proposed to be only about 15 feet versus 30 feet, which the City typically requires. As a result, the quality of this wetland, which will become the front yards to 9 new Eagan households, is expected to degrade, despite treatment ponding of storm water from the front aspect of the development. Wetlands -According to a professional wetland scientist (Cert. #0250) there aze three wetlands on this site. The largest wetland, which is approximately 0.9 acre (38,576 square feet) in surface area, is in the center of the parcel. This is a Type 4 wetland, under the standard classification system of the U.S. Fish and Wildlife Service. Type 4 wetlands are inland deep fresh marshes with soils that are usually covered with six inches to three feet or more of water during the growing season. Vegetation includes cattails, reeds, and bulrushes. In open areas, pondweeds, cottontail, and water lilies may occur. It appears units on Lots 6 and 7 may be encroaching on the wetland. buffer, the applicant should address this issue. Along the southwest boundary of the parcel, there is a 2,020 square-foot Type 1 wetland. Type wetlands are seasonally flooded basins or flats. Typically, soil is covered with water or is waterlogged during variable periods but is usually well-drained during much of the growing season. Vegetation varies from bottom-land hazdwoods to grasses. The edge of a third wetland is along the southeastern boundary of the parcel. This is a 732 square-foot Type 2 wetland. Type 2 wetlands aze inland fresh meadows vegetated primarily by reed canary grass, with some lake sedge and river bulrush. 69 Planning Report - Cedarstone September 28, 2004- _ _. _ Page 10 None of the wetlands are designated public water wetlands by the Minnesota DNR. Therefore, all are 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 adnvnistered by the City of Eagan, which acts as local government unit for WCA issues. The developer is proposing to fill entirely both the southwest wetland (2,020 square feet) and the. southeast wetland (732 square feet) and replacing those impacts with 2,983 square feet of new wetland credit (minimum 2,752 squaze feet needed) and 5,320 squaze feet of public value credit (minimum 2,752 square feet needed). As reviewed in previous Commission meetings, WCA Rules provide for such replacement of wetland impacts as long as "good faith" efforts have been made by developers to consider and essentially rule out "feasible and prudent" alternatives. A process called "sequencing" is required to be used by the City to evaluate alternatives the developer has considered and eliminated. Commissioners will recall that sequencing begins with avoidance and goes in descending order of priority through minimization, rectification, reduction, and finally ends with replacement, versus assuming impact replacement from at the outset. The submitted sequencing "argument" is attached. Staffbelieves the salient Avoidance statement, "Due to the added constraints of providing public street access with associated right- of-way to the properties to the east and west, this layout was not deemed feasible to the developer," is somewhat vague and insufficient to Wile out avoidance. Tree Preservation -The submitted tree inventory indicates that there are two-hundred thirty-five (235) significant trees onsite. There are large oak trees (6"-34" diameter) that total 35% of the inventory and large pines, spruces, and cedars (15-45 ft in height) which aze also 35% of the inventory the rest of the trees are willow (30" diameter) ,box elder, elm, black cherry,. cottonwood, ash, aspen, cottonwood, maple, and birch trees averaging 12" in diameter. As proposed the development will result in the removal ofone-hundred seven (107) significant trees (45.5 % of the total}. According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is 44.2% of the total significant trees. This specific allowable removal percentage is calculated based upon the application type . which includes 43.5% of the land area is classified assingle-family residential; and 56.5% of the site is classified asmultiple-family residential. With a proposed removal more than the allowable amount, the required tree mitigation for this. proposal calculates to sixteen (16) Category B trees. A revised Tree Mitigation Plan shall be submitted by the applicant that fizlfills this required tree mitigation. Tree mitigation is in addition to any city required landscaping to occur on site. The applicant proposes to preserve by transplanting 6 existing significant trees (tree #'s 25, 31, 39, 115, 125, and 142). These 6 trees are counted on the preliminary tree preservation plan as being preserved. They aze to be transplanted to locations within the development site according to the submitted tree preservation plan. L 70 Planning Report - Cedarstone - ~ September 28, 2004 Page 11 In an attempt to maximize tree preservation, the applicant intends to preserve forty-f ve (45) trees adjacent to areas to be graded. The preliminary grading plan submitted shows proposed grade lines occurring inside the CRZ of trees that are to be preserved on site (tree #'s 7, 14-16, 22, 30, 47-50, 62, 79-81, 100-109, 117, 118, 131-134, 137-140, 146, 151, 152, 172, 174, 177- 179, 188, and 190). To ensure survival of these preserved trees, staff is recommending that a long-term tree survival plan be prepared by a certified azborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence azound these trees. No encroachment is to occur inside tree protection areas. Parks and Recreation -Parks or trails dedication shall be satisfied through a cash dedication. Si;fMMARY/CONCLUSION The applicant is requesting to rezone 5 acres from Agriculture to Planned Development and develop 6 twin homes and two single family detached units. The plat is proposed to consist of 9 lots 6 twin home lots and 1 pazent parcel that is comprised of ponds, trails, and common area and two single family lots. An association is planned to maintain the twin home portion of the development. The subject site is currently surrounded with single family residential uses. Properties to the north and south are fully developed. The property to the east and west are zoned Agriculture and have potential to be developed further. Rezoning the subject property to Planned Development allows for further development of this lot. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0-4u/a). While a twin home development maybe compatible with the azea, it would introduce twin homes into an area of detached single family. The R-1 and R-2 districts were used for a comparison for this development since the Planned Development district does not have set standards. The proposal varies in setbacks and lot sizes when compared to the R-2 district requirements. The appropriateness of this use and proposal aze for City Officials to determine. ACTION TO BE CONSIDERED To recommend approval to Rezone five acres from Agriculture to Planned Development, for property located at 1055 Wescott Road. To recommend approval of a Preliminary Planned Development to create 6 twin homes and two single family homes on property located at 1055 Wescott Road in the SW '/4 of Section 14. Subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits aze necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan '7/ Planning Report - Cedarstone September 28; 2004 Page 12 • Final Tree Preservation Plan ~' • Final Landscape Plan • Final Lighting Plan • Final Signage Plan • Final building coverages for each lot (table form) To recommend approval of a Preliminary Subdivision to create 91ots on property located at 1055 Wescott Road in the SW %a of Section 14. Subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1,2,3,4, C1,2,3, D1, E1 1. The property shall be platted. 2. The developer shall provide a conservation easement in favor of the city, in a form acceptable to the City Attorney. 3. A homeowner's association document shall be provided to the City Attorney prior to final subdivision approval and Lot 1 shall be conveyed to the association. 4. The applicant shall fulfill required tree preservation mitigation through the installation of sixteen (16) category B trees, or an equivalent number of Category A or Category C trees, to be installed on site. 5. The applicant shall preserve, through tree spading, 6 existing significant trees (tree #'s 25, 31, 39, 115, 125, and 142). 6. To ensure survival of preserved trees (on site trees # 7, 14-16, 22, 30, 47-50, 62, 79-81, -- 100-109, 117, 118, 131-134, 137-140, 146, 151, 152, 172, 174, 177-179, 188, and 190), a long-term tree survival plan shall be prepazed by a certified azborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence azound these lazge preserved oaks. 7. Tree Protective measures shall (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 and off-site (i.e. park trees). 8. The applicant shall contact the City Forestry Division and set up apre-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. 9. The applicant must provide awet-pond with a volume of about 0.13 acre-feet: The pond shall have a maximum depth of six feet and a 10:1 aquatic. bench begirming at the normal water level. 10. A cash dedication in lieu of treatment ponding is required for the remaining built area of the development that will drain offsite untreated. 11. A minimum 30-foot natural undisturbed wetland buffer is required around the central wetland. . 12. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 13. The developer shall abandon all existing well and septic systems within the site in 1 accordance with City and County standards. ~~ Planning Report - Cedarstone -September 28; 2004 Page 13 14. This development shall provide street connections to the adjacent parcels by extending City engineering-standard public streets with dedicated right-of--way through the development from Wescott Road to the parcels, as shown on the preliminary site plan. 15. The developer shall be responsible for the installation of signage indicating the future intention of the public street to be extended east and west to serve possible development of the adjacent properties. 16. The developer shall dedicate temporary public street easement, in a form acceptable to the City Attorney, over the temporary cul-de-sac on the east end of the public street. 17. The private drive for Lots 1 and 2 shall be constructed to City code standards and with a vehicle turnaround in accordance with City engineering and fire department standards. A private easement covering this drive shall be prepared and executed in a form acceptable to the City Attorney. 18. The proposed monument and landscaping within public right-of--way shall be placed a minimum of 10 feet from the curb line of the public street and a minimum of 10 feet from the existing trail on Wescott Road. 19. The developer shall provide for perpetual maintenance of the proposed monument and landscaping within public right~of--way by the development's homeowner's association, through agreement in a form acceptable to the City Attorney. 73 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. 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 final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standazds. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of--way and temporary t. ,~ slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage 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 standazds, guidelines, and policies prior to application for. final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be - prepazed in accordance with current City standazds prior to final plat aPProval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ~. _ ~~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. E. F. G. H. Public Improvements 1. If any improvements are to be installed under aCity- contract, the appropriate project must be approved by Council action prior to final plat approval. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and approved by Council action. Water Ouality Dedication 1. This development shall be responsible for provided 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 Commission and approved by Council action. 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: August 25,1987 G:Engineering/Forms/Standard Conditions of Plat Approval City Council September 15, 1987 Revised:_ July 10, 1990 Revised: February 2, 1993 ~s FINANCIAL OBLIGATION-Cedarstone of Wescott- Preliminary Subdivision 'sere are pay-off balances of special assessments totaling $-0- on the parcel proposed to be subdivided. The pay-off balance will be allocated to the lots created by the Subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final Subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE Water Trunk S.F. Water Lateral S.F. Storm Sewer Lateral S.F. Storm Sewer Trunk S.F. Street Wescott Road S.F. RATE QUANTITY AMOUNT $6,690 $26.95/F.F. 230 F.F. 6,198 17.00/F.F. 230 F.F. 3,910 .103/Sq. Ft. 23,108 Sq. ft. 2,380 21.73/F.F. 230 F.F. 4,998 TOTAL $24,176 ~~ lai-ss adntr,- --~-~- ivltlnens .NOlswaens xarNlnn3ad aNr p~~ 'JNINOZ3t1 '1N3AdOl3A3a a.3NNY7d ~~f """• " ••~•~ ~ oron~ uias~a ~ r .rte ... h w w rr .C~-si __ tiq.~+.~w...r w~ - - -.-- ~J.1D053H1-j0-3NO1S2fYfl30- 2 O F a J ti ti 0 w 0 0 ~. x a N Y ~' O 2 I ~ ~N Y ~ ~ ~ ~ ~~ 0 ` 1- ~ ~ LO t~ d Q `~ ~ ~ ~ tl ~o ~p 3 O N rN ~ L ~~~ m Z Q `~ -IF~ta~ ~ IR ~ ~ ••'~'. ^ UYOtl 1100S3M~ i ~_ ~~ a 1 i b • ~ b ~~ 1 _ j f"~ r ~~ ~{~= o ~C ~ - ~ f€ ~~e V 0 N ~{ n v n O D q ~nD n q n t N D W u~ ~i°o OW yyJ D d p's !l e N = ~~ D w `i. i`e iuotS L G ~ W L W 2 `W I 0 ti ~7 i Eagan Boundary ^ f Right"a~"way ~~' ~ ~ ~~ I'~ ~ , Parcel Area _ 1 ~ Q ~ ~/ Park Ar¢a ~ ~ Eer€iding Footprint ^^^ y, ~ „,~ x.., '.,.,"a =ire. ~~ ~ ~! ~F ~ ~ • ~~«.. -~ 3 ~ ~~ ~ ~'. ~ ( I Yt ~ ' ;~} ffi~ ~ CR ~ ~ ~ ~ ! s ~ ~ ~ w ~ ~ F!k 1 i ~ y {~~ ' f wor+s...a- ~ y ~ ~ ~.y a. ~~ ~~7 a...ra.. ~ ~ tr ~ ,~ ~ lfft ~1 i ! ~ . w ~ g a art e.ea ~ i - i ~ , ~f , ---~ ~ ~ ~. ~ , ~ t ~ j \ ~ S' ~~ '' ,,~ ~ ~ Subiect Site p ~ ~ i ~ 1 ,, r _,~ ., .~ ~ ~ , ~ , r l i # ' ~ _ ~ o _ ~ • r ~k i t ~ ti t i, // ~.. •r t arf j tw ~ /, , { ~ tf F „C ~ i f la" a + M ( i fir :4~ P: ?i ~ r 8 i ~ ~ ,'1 ~\ ~ f J ~~+ ~ x; ~ -'`" '~ r I rie` ' , r~~{~• rprt• t;t ri , s IS: i ~ ~Y! ~~~, ` ' .~ -. ~~ 4 ; r'4sr , , ~ ' ~~ ~ • V ~~ ~ ~F ~ ~ry ~~ ~ Yf ~} ~ z ~~ . ~ ik€b ~`et i~K ~+~ i r o { _ ~. .7 ~. . t- l s r ~~~ ~~ ~-- o ~ ~'1 ~ v'f ~'~_ spd0 6 `~G:, v~0 Feet Devetapment/DeveEoper: Gedarstone Application: Preliminary Subdivisio Gorse No.: 74-PS-03-05-45 `r py ~P Prepved using GRS€ ArcV7ew k1. Parcel dose map dais provided by Wtwn ~ ounty O!fice M GS artp is current as o! April 2005. ~t j 7ttt5 HtAP IS €NTEtJDED FOR REFEREt~ICE U58 OP€LY li, E _ .. _ __.---..._ ^---~ ' Th:e City of Eagaa and Dakota County do not guarantee the accuracy o! this InlormaYroet and are S _.- ..nt rwcnneaihe.. fnr crrnrx er ernfss€aea Current Zoning and Comprehensive Guide Plan Land Use Map Cedarstone Preliminary Subdivision Case No. 14-PS-03-05-05 Zoning Map ~-~-! ~----J D r n = P Current Zoning: n Location 0 0 A Agriculture u A D w ® PF e cos tse0 F..1 >~~ P Comprehensive Guide Plan ~ ~1 ~~ Land Use Map a z 0 D D z ;< J Location LD :, f O Z Current Land Use Designation: o LD u L LD e Low Density Residential ® QP D D 0 000 1200 Feet ^ 7~ Preel Wu map info videdby Dekote County Lend Survey DepartmeR June 2003. N Zodna informetfen maintained byCity StafL City of Eagan W E THIS MAA IS INTENDED FOR RffERENCE USE ONLY Community Devetopmenf Department The City of Eagan and Dakota Gounty do not guarantee the accuracy of this information. S Cedarstone of Wescott Project Narrative General Description The Cedarstone at Wescott project proposes to rezone from Agricultural to Planned Development with an underlying application of R-2 zoning. The project proposes to construct six (6) residential double homes to the south and two (2) single family homes to the north within an area of approximately 5.0 acres. A public roadway will serve the double homes and adjacent properties to the east and west. A private drive will serve the two single family residential homes to the north and access the public roadway. A conservation easement is to be applied over the existing wetland azea near the center of the site to guazantee the preservation of that area. The wetland area will not be impacted as a result of this project. Existing vegetation is to be preserved in accordance with the City of Eagan Tree Preservation Ordinance. Comprehensive Guide Plan designation (existing and proposed) The subject property currently has a Comp Plan designation of LD-Low Density (0-4 units/acre). The development plan proposes to construct 6 residential double and 2 single family housing units on approximately 5.0 acres, which results in a density of 1.6 units/acre. Therefore, the project complies with the existing land use designation and an amendment will not be required. Zoning classification (existing and proposed) The subject property is currently zoned A -Agricultural. The development plan proposes to rezone to PD-Planned Development due to multiple housing units and multiple housing types located within a single parent parcel. The residential double housing units will adhere to an underlying R-2 (Residential Double) zoning and the single family to an underlying R-1(Single Family) for azea analysis and setback criteria. What you want to do; timing/phasing The project proposes to commence with clearing and grubbing of the subject area upon City Council approval of the Preliminary plat and Development Agreement. An August 2005 start date is anticipated based the City of Eagan Entitlements schedule. Construction of the units will be market driven, though will most likely be completed within 1-2 years due to anticipated demands. ~~ RECEIVED MAY 18 ~ Existing land uses on subject property The majority of the subject area is primarily undeveloped and heavily wooded. A type N wetland azea occupies the central portion of the project site and amounts to approximately 0.9 acres. Three smaller type I and II wetland areas aze located near the southern end of the project site and amount to approximately 0.03 acres. A one-story walkout single family home is located near the southwest comer of the property and a pole barn is located immediately west of the larger wetland adjacent to the midsection of the west property line. A single driveway has access onto Wescott Road. Surrounding land uses and zoning within 660 feet Review of the Comprehensive Land Use plan indicates that the subject azea is surrounded by LD-Low Density residential on all sides except for approximately 3-4 acres of QP- Quasi-Public/Institutional to the southwest in the southeast corner of the intersection of Lexington Avenue and Wescott Road. Review of the Zoning Map indicates the subject azea is bordered by two 5 acre parcels both zoned Agricultural to the east and west. That entire area of approximately 15 acres, which is zoned Agricultural, is surrounded by PD- Planned Development to the north, south and east. A limited area of R-1-Residential Single Family is located to the north and west. An area of approximately 3-4 acres is zoned PF-Public Facility to the southwest. What impact does the rezoning have on surrounding property and land uses? The proposed development plan will impact the adjacent properties in a manner typical of any property being converted from an undeveloped to developed state. City services currently serving the adjacent properties will not be adversely affected due to the projects limited scope, identical zoning and similar density. Review of the Zoning Map indicates that only 46.6 acres or 0.2% of the City of Eagan is zoned R-2 Residential Double. Therefore, the proposed development will offer another housing type not readily available in the City of Eagan in addition to two residential homes. The rezoning to Planned Development will allow adjacent land owners and members of the community to input into the ultimate design of the project given the submittal requirements for a PD, which requires building elevations and floor plans. As such, the project will be able to address individuals concerns regazding building heights and screening of vehicular movements within the site. ~' / What impact does the rezoning have on the subject property? Rezoning of the subject property to PD will allow for the construction of residential double and single family homes within one master planned area. The single family homes will have ownership of the entire lot area and be responsible for their maintenance. An agreement between single family home owners will be entered into for maintenance of the common drive azea. Rezoning.to a Planned Development will allow for the creation of a Common Interest Community (C.I.C) Plat to be recorded with the County. An Association will have control of all common areas associated with the Residential double homes and be a point of contact for the City when resolving any potential issue such as wetland or tree preservation once the project is complete. The Association will also be responsible for lawn care, snow removal and general maintenance of the areas surrounding the . stormwater management system. What impact does the rezoning have on City services, such as sewer, water, stormwater run-off and roads? Sanitary Sewer The proposed development will be served by an existing 8 inch diameter lateral sewer " line which runs the length of the property and parallels the west properly line. It is not anticipated that the 8 units proposed will exceed the available capacity of the existing system. This will be verified with City Staff prior to design of the sewer system. Water The proposed development will be served by an existing watermain located in Wescott Road. An 8 inch diameter line will be extended northerly into the subject azea and provide for fire suppression and domestic services. It is not anticipated that the proposed 8 units will exceed the available capacity of the existing watermain and will be verified with City Staff prior to design of her the northerly lateral extension. Stormwater A drainage azea of approximately 14.5 acres, including the subject properly, outlets into Wescott Road via a 12 inch Hazed end located on the southwest corner of the project site. The drainage area can be further divided into three subcatchment azeas, each draining to a respective low-point somewhere within its boundaries. Each low-point is routed via corrugated metal pipe towazds the 12 inch flared end at Wescott Road. The existing system may be prone to temporary obstructions as it is dependent on three corrugated metal pipe connections, each having an inlet located in a wooded area and requiring overland discharge towards the outlet into Wescott Road. g~ The current development plan proposes to route storm water captured in common drive areas to a pond located near the west side of the existing wetland. The pond will be designed in accordance with National Urban Runoff Program (NURP) design criteria. The pond will be connected to the 12 inch outlet pipe into Wescott Road and a 12 inch flared end will be provided to the land owner to the west. This system will reduce the potential for obstruction as the 12 inch flared end into Wescott Road will be removed and replaced with a direct underground connection. Therefore, drainage for the subject parcel and all area to the north and east should be improved as a result of this connection. The current development plan proposes to design buildings to fit within the pazameters defined by the sites natural features such as significant trees and wetlands. Furthermore, the residential double homes anticipates an "empty nest" tazget market, which generally prefers less lawn area and more vegetation for privacy. As such, the quantity. of runoff should be equal to or less than the amount generated form a typical residential development, which generally prefer larger open areas required for recreation. A preservation easement is currently proposed over the larger wetland area to protect its integrity and hydrologic/hydraulic benefits to the community. Traffic/Roads Review of the Trip Generation manual indicates that approximately 6 trips per day per unit can be anticipated for residential double homes and 9 trips per day per unit for single family homes. Therefore, approximately 54 trips per day (27 in /27 out) is anticipated for the current development plan. Due to the projects proposed access onto Wescott Road neaz Lexington Avenue and the minor increase in the percentage of trips beyond single family residential, the project should not adversely affect traffic. Does the requested land use proposed by the rezoning result in a better use of the land? Explain. The requested land use proposed by rezoning is compatible with the surrounding properties and in compliance with the Comprehensive Land Use Plan. The requested zoning of Planned Development will result in a better use of land as single family residential homes will be constructed neaz similar unit types and the residential double homes to the south will be constructed adjacent to a primary roadway of the community. Thereby, providing a transition in housing types each compatible with their immediate area. An Association will be responsible for maintenance of all common areas associated with the residential double homes via creation of a Common Interest Community (C.I.C) Plat. g3 /„ The Association will have control of all common areas and be a point of contact for the City when resolving any potential issue such as tree preservation and stormwater management once the project is complete. The integrity of the existing wetland will also be maintained via dedication of a preservation easement and ongoing observations by Association members. The approval process required for the requested zoning will allow adjacent property owners and residents of the community to input into the design of the project. The project will provide residents of the community wanting to remain in the City with an alternate housing type not readily available in the Community. City services will not be adversely affected. The quality and quantity of stormwater runoff may be improved. Rezoning to the requested Planned Development with an underlying R-2 zoning will result in low impact, secluded neighborhood friendly, environmentally sensitive project that protects the Neighbors' values and standard of living they are accustomed to. 8~ Cedarstone of Wescott PD Compliance Statement The Cedazstone of Wescott development plan proposes to construct a residential community of six double homes to the south and two single family homes to the north. It will result in a creative and efficient land use given the natural features of the project site, physical constraints of the property and political constraints of the community. It will result in low impact, secluded neighborhood friendly, environmentally sensitive project that protects the Neighbors' values to the north and standard of living they are accustomed to. The Plan complies with the objectives and purpose of the City of Eagan Zoning Ordinance in that it allows for the creation of a Common Interest Community; provides economic advantage to residents of the planned community, preserves natural features and open space; provides roadway access to adjacent properties and is consistent with the permitted density of the Comprehensive Plan. Common Interest Community The plan proposes the creation of an Association to be responsible for the operation and maintenance of common facilities associated with the six residential double homes to the south. That area will be platted as a Common Interest Community (C.LC) with residents owning only those azeas associated with the immediate footprint of their respective living space. Creation and recording of the C.I.C. will occur after construction of individual buildings. The two residential homes to the north will be platted as individual lots, though an agreement with the association for maintenance of the shared drive azea will be will be entered into. Platting via the C.I.C allows for greater creativity and sensitivity to environmental features such as the existing wetland area and significant trees species. Residential Double homes can be placed in closer proximity to one another, thereby creating a greater sense of community. Perceived impacts to adjacent properties will also be reduced due to the reduction of internal side yazd setbacks. Economic Advantage Residents of Cedazstone of Wescott will be provided with an economic advantage due to the economy of scale of providing snow removal, lawn maintenance and general maintenance of the common spaces for the development. Land Owners will pay their pro rata shaze for maintenance, which is to be managed by the association and assessed to individual residential double home owners. RECEIVED MAY 18 20~i g' s Preserves Natural Features The Cedarstone of Wescott project proposes to place a conservation easement over the area surrounding the central wetland area as it is an amenity to the project. The conservation easement will permit only specific uses within that area by members of the homeowners association and will prevent activities thought to be detrimental to its integrity. Signage will be posted near the areas perimeter to further protect it. All significant tree species to be preserved as part of the tree mitigation plan will be the responsibility the association to maintain and protect upon completion of the project. A representative of the Association will be available to work with City Staff should further tree removal of mitigation be required over the life of the project. Roadway Access The project proposes to provide access to the adjacent east and west properties for potential future development via dedication ofright-of--way and construction of a public roadway. Consistent with Permitted Densities The Cedarstone of Wescott project proposes to construct six (6) Residential Double homes to the south and two (2) Single Family homes to the north within a gross lot area of five (5) acres. The project area has a Comprehensive Land Use designation of Low Density (LD); which permits 0-4 homes per acres. A density of 1.6 homes per acre is proposed and is significantly less than the surrounding properties. Summary The Cedarstone of Wescott project proposes to provide the City of Eagan with a creative and efficient land use that preserves the natural features of the property and provides economic advantage to residents of the planned community. Preservation of the wetland azea will be provided via granting of a conservation easement and rema;nin_g open space maintained by the homeowners association. Access to the adjacent properties will be provided via construction of a public roadway. The proposed single family residential lots are consistent with the properties to the north and the residential double homes to the south are appropriate given their proximity to Wescott Road. The requested density is consistent and well within the limits of the Comprehensive Land Use Plan. The requested zoning of Planned Development (PD) is consistent with the surrounding properties. Based on this information, the Cedarstone of Wescott project is in compliance with the Planned Development District section of the City of Eagan Zoning Ordinance and should be permitted to develop as such. 86 cs - ~ ! •'•"""' •M0 A3AMR5 SNOl1lON00 9NI1SIX3 s ~ . 8 e >s ' B ° Q [ ` 7 .....w 1V111W8RS NOISIA108R5 ANVNIWIl3?1d ONV ' 3 1 d ' " ~p S ~. ` s - _ R F W ; g ~ ~ ONINOZ 1N3 Y 13A30 03NNtlld M 0 ~' ~ ~ N Q?~ J O • _ i ~S ~+,~ }~ •~ NWn 4~r • .~. t aNi wn...s~. Y1053NNIR 'NrD~7 DYDtl 110D53M SSDI t•~ ~ F y ~ 1 4 6 Z 8 ~ ~ ~ ~ g V J Z " <tu' t! ( s8 R~ w+.r w .n• w w 4 pwA w ..w. """'•+"b •'•~ +• ~'• ~•'~•w 1 ll0053M d0 3NO15aV030 9 7i ~: : - ~. 8 0 ~ . ~ C ~ ~ "s S g § ~4 s~ ; j f EE E ° w>°' Faf • ~ ~~~ ~~ iWg :S _d: c~CC6 °` iF g= ~~ s" s °=E g ~ i E $ 6... ~ E2 .f `' s " aM1 s . °EY; s aF ;,a Ea Fa yy i ~ ~E . t °p l ~ R F 9 z } . ~g E "EF E E:Y n B a d ~ • Y E Y ~g e ~~. .. ,. I I _... .. .. ! ~... .~.. _. .I ! I 1 / 1 I 7..... _ I -.-_.. ' wr~ ... 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' i 4 ... ;_. i ~ ~ i ~~ r7 ' ~ i _ + ~ ' i i ~ i ._.... .. .__._ t~ 2 ~ ~ ~ I i } ~ ~ i r u7 i _"'! ~ i i i i I i ~ ~ ~ i ~ j II i 9 ~ ~. [ i ` : m I ~ I G ! ~` ° ~ I ~vo ~ i ~ ~~ !t z i Mcpp f y.wco __ __jj --~~ ° _ ._ ` i} I aZ= ! t ~ ~ i ~ i ~4 ' 1 ~ ~ ? i ' ~ ~ ~ c f ~ ~ ~ o 0 __ 1_ _ , _..._ sc ~.a ~ 7 i 9 ~ z C a t ' J / ~ ~ ~ t` ` ~ ~~ ~. ~ --i-- - - - f •- ..< - . , .. ,: , i _. _ --.. i t0'JEf 3.BC.iS.9BN 6 ~ .. ~ ~ ,y ~ r ~ i ~ a at m o ~ ~ ~ v ~ ~ G!E [i :• ~' t . as. ~ tt itJ ~ _ ~ ~ x ~ _ ~ tS O U a. d t0 'u 5r ~ s~ ~'"~ ~ t ~. ~~ fi ~ `Z ~, •J ~~ `_. ~ E ~~ ~ 4~ ~~.~ ~~ !g ~' ~ R ~~ ' , . ~~ iir ~~~ ~ +q~. ~ ; ~ ~ ~ Y~.ti ~,~ x.... ~'r - k ~"-"fie. SECTION 1-SEQUENCING AVOIDANCE The Alternate-1 concept sketch which accomplishes complete wetland impact avoidance creates a site with three single family residences on it. This plan also keeps all activities out of the required 30' buffer zones around each wetland as well. Due to the added constraints of providing public street access with associated right-of-way to the properties to the east and west, this layout was not deemed feasible to the developer. b~lIl~IIlVIIZE The Alternate-2 concept sketch which accomplishes minimum wetland impacts is very similaz to the concept which has been submitted to the city. The large wetland in the middle is still avoided along with the small wetland along the east property line and its 30' buffer. To accomplish this, the IasE twin home to the east is cut in half to avoid both the wetland and the buffer. The wetland on the west side would still be impacted for .the shazed driveway and required public street with access to both the neighboring east and west properties. A proposed 2: I replacement (2,050 x 2 = 4,050 SF)~would be proposed along the northeast side of the large central wetland in addition to a NURP pond on the west side of the property to mitigate for any wetland impacts which take place. REDUCE/ELIMINATE IlvIPACTS OVER TlME The developer plans to use appropriate erosion control measures to prevent sedimentation and degradation to the remaining wetland on site. Prior to any construction or excavation, silt fence shall be installed to intercept run.-off. Immediately following grading of side slopes greater than 3:1, wood fiber blanket (or other slope stabilizing method approved by engineer) shall be applied over approved seed mixture 9g 2 and a m;n;mum 4" top-soil. All seed mix and mulch used on the project will be certified weed free. All erosion control installations shall remain in place and be maintained in good condition by the contractor until the site has been re-vegetated. The contractor is to use best management practices with regards to erosion control - to include the following: 1. Inspect silt fences immediately after each rainfall and at least daily during prolonged rainfall. Immediately repair failed or failing silt fence. 2. Replacement -fabric shall be replaced promptly when it decomposes or becomes ineffective until the barrier is no longer necessary. 3. Sediment removal -sediment deposits should be removed after each storm event. Sediments must be removed when deposits reach approximately one- half the height of the barrier. Any sediment remaining in place after the silt fence is no longer required shall be dressed to conform with the existing grade, prepared, and seeded with"the appropriate seed mix, as directed by the engineer. 4. ~ Removal of silt fence -silt fences shall be removed when they have served their useful purpose, but not before the upwazd sloping azea has been permanently stabilized. The owner is planning to conduct his construction activities in compliance with all applicable federal, state and local requirements for water resource protection. Once the developer constructs the replacement wetlands, including vegetative cover, and the site grading is completed, there should be no adverse impacts to wetlands on the site or to any of the constructed wetlands. SECTION 4 -MONITORING MONITORING The Minnesota QJetland Conservation Act rules require that the property owner monitor the establishment of a created wetland. The developer of the property shall be responsible for monitoring the wetland annually for a min;mum five-year period or until such time as the wetland replacement is deemed acceptable. The developer will provide g9 information to the LGU (City of Eagan) once a year. This information will include a report identifying the dominant plant species growing in the area. Photographs will be taken from the predetermined photo-reference points shown on the wetland mitigation plan drawings (WL-1). Additional points for the photographs may be chosen when the wetland replacement work is completed. The annual report will include: A. Description of the project location, size, plus current (Cowardin classification) and desired wetland type (goal). B. Comparison of as-built with planned wetland creation. C. Water level elevation during the growing season. D. A list of the dominant vegetation in the wetland, including common names of the vegetation exceeding 20% coverage and an estimate of coverage. E. .Color photographs of the project area taken anytime during the period June through August, referenced to the fixed photo-reference points identified on the wetland replacement plan and labeled accordingly. Refer to Sheet WL-1. WETLAND MAINTENANCE PLAN FIRST YEAR Wetland and buffer areas will be walked every three weeks during the growing season and invasive species will be hand pulled. Removed vegetation will be taken off- site to prevent re-introduction of undesirable species to project site. If conditions are dry, buffer areas will receive a 1-inch watering once per week to help establish deep rooting. More frequent watering will be avoided to prevent plants from rooting too shallow. /~ 4 SECOND YEAR Wetland and buffer areas will be walked once per month during the growing season and invasive species will be hand pulled. If drought conditions exist, areas will be watered every two weeks. THIRD YEAR AND SUBSEQUENT' YEARS Wetland and buffer areas will be scouted for weeds three times a year until desired wetland goals have been met. Hand weeding will take place early in the growing season, mid-summer and again late in the season. By the third season, plants should be well established and watering should not be necessary. /o/ 1 I t \ \ I 1 ` ... 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Iq '` ~1F s Y (\\ c \, I' r F 1 ~ L ~' i a 6 I ~ WESCOTT ROAD ~ ' I I 1 , I ' I I lI II ~L. i ~ ms's ~ ~ .~.L~T 'y i ~ :~~~ y ~ I ~ (~~ ~ I °` ``_~ __ I ~` i Subject to approval ADVISORY PARKS COMMISSION EAGAN, MINNESOTA MINUTES OF REGULAR MEETING OF J[JNE 20, 2005 A regular meeting of the Advisory Parks Commission was called to order at 7:00 p.m. on June 20, 2005 with the following Commission Members present: Joe Bari, Margo Danner, Terry Davis, Mark Filipi, Duane Hansen, Muhammad Lodhi, Ryan Zipf, Dorothy Peterson and Richard Pletcher. Member Pletcher was not present. Staff included Paul Olson, Superintendent of Parks; Eric Macbeth,. Water Resources; Gregg Hove, Forestry Supervisor; Cherryl Mesko, Administrative Coordinator and Lori Kimball, Recording Secretary. APPROVAL OF AGENDA Changes to the agenda included removal of Volunteer Recognition of Friends of the Farm Volunteer and moving it to the July APrC meeting. Added to the agenda; under New Business, was a request that the City reconsider a conservation easement located on the property of Dan Markes of 4802 Red Pine Court. Member Filipi moved, Member Bari seconded; with all present members voting in favor to approve the agenda as amended. APPROVAL OF MINUTES OF MAY 16,.2005 Member Filipi moved and Member Danner seconded with all present members voting in favor to approve the minutes of May 16, 2005 as presented. VISITORS TO BE HEARD There were no visitors to be heard. SUPERINTENDENT'S UPDATE AND DEPARTMENT HAPPENINGS Superintendent of Parks, Paul Olson, provided an update and overview of items in the parks, recreation and facilities divisions. CONSENT AGENDA There were no items to review under Consent Agenda DEVELOPMENT PROPOSALS CEDARSTONE OF WESCOTT Superintendent Olson provided background information, stating that the applicant is requesting approval of a Rezoning of five acres from Agriculture to Planned Development; a Preliminary Planned Development to create 3 twin homes (six units) and two single family homes and a Preliminary Subdivision to create 9 lots on property located at 1055 Wescott Road. Access to the lots will be from a frontage road along Wescott Road and the two single family lots will be accessed by a shared driveway off the frontage road. There is a large pond in the middle of the site. A similar application for 14 twin /o~ Advisory Parks Corrunission Minutes of Regular Meeting of June 20, 2005 Page 2 homes (8 lots) with private streets and no tree mitigation was before the APrC on September 20, 2004. The APrC did recommend approval of that plan. The applicant is proposing to deviate from the R-2 standards and allow reduced side and rear yard setbacks and lot sizes. The Planned Development zoning district allows the developer to have greater flexibility in the design of the development; the City to require higher standards in exchange for that flexibility. Forestry Supervisor Hove presented new information, replacing the original plan that included tree mitigation. Hove said the number of trees to be removed is equal to the number allowed by the City, so no tree mitigation is required. Discussion revolved around the quality of the trees on site. Hove clarified tree information for commission members as they questioned the quality of trees the developer plans to transplant. A tree inventory submitted with this application indicates that there are two-hundred forty-one (241) significant trees in the inventory. The plan proposes the removal ofone-hundred seven (107) significant trees (44.4 % of the total) and the applicant proposes to transplant 6 existing significant trees on the site. The applicant intends to preserve forty-five (45) trees adjacent to areas to be graded. Staff recommended a ong-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Macbeth said this proposed development is located just east of Fish Lake in the City's J-watershed. A majority of the storm water runoff will drain directly to the central wetland on the site. With this plan there will be a higher increase in runoff volume to this wetland, compared to current conditions. In this same area, the wetland buffer is proposed to be only about 15 feet versus 30 feet, as typically required. This wetland will become the front yards to 8 new Eagan households. Macbeth predicted the quality of this wetland will degrade despite treatment ponding`of the storm water. Macbeth explained that runoff from the other lots will drain offsite; any remaining amount of untreated water draining offsite is subject to a cash dedication in lieu of ponding. Macbeth told the commission that a professional wetland scientist (Cert. #0250) reviewed the delineation report prepared August 16, 2004 and concluded there are three wetlands on this parcel. All three wetlands are under the jurisdiction of the Minnesota Wetland Conservation Act (WCA), administered by the City of Eagan acting as the local government unit for WCA issues. Macbeth described the wetlands as a large one in the center of the parcel; a smaller one along the southwest boundary and the third along the southeastern boundary of the parcel. The developer is proposing to entirely fill both the southwest and the southeast wetland and replace those impacts by expanding the center wetland. Member Danner reminded the commission there were four`wetlands shown on prior information and asked what had changed. Macbeth said the wetland scientist discovered that the two wetlands in the southwest corner were actually one. Macbeth shared the submitted sequencing argument which stated "Due to the added constraints of providing public street access with associated right-of--way to the properties to the east and west, this layout was not deemed feasible to the developer," saying this is too vague and insufficient to rule out avoidance. Chair Davis asked Macbeth to expand on this subject. Macbeth answered that sequencing is to provide a process (feasible and prudent). The actual language used in the developers sequencing plan is not detailed and the city expects more of an explanation of "not deemed feasible". /OS Advisory Parks Commission Minutes of Regular Meeting of June 20, 2005 Page 3 Member Peterson asked Macbeth's opinion regarding the requested 15 foot conservation easement. Macbeth responded that 30 feet is not always possible but that the city attempts to maintain that buffer as often as is feasible. Member Peterson suggested a variance for the front yard, allowing it to be closer to the street. Discussion continued regarding the street access and conservation easements relating to the property. Representatives from Alliant Engineering told the commission a proposed retaining wall would be constructed around part of the larger wetland to save existing trees and keep the grade from affecting the critical root zone. Some trees will be transplanted nearer to the homes. Alliant Engineering opined that the developer is in compliance regarding storm water runoff. They discussed options for dealing with storm water from the twinhomes; describing their ability to catch the water with roof drains or other methods to bring roof water to the street rather than to the wetland. Member Peterson asked about using the storm sewer. Alliant Engineering said there would be no curb and gutter on the private driveway that leads to the single family homes. Member Pletcher asked flow they planned to direct the water on the pri~~atc drive without curb and gutter. AlliantEliginecring responded the dc~~eloper is unable to do anything about collecting water'fromthe other two single family homes. He also explained that avoidance was not chosen as a sequencing option because the street between the twinhomes and Wescott road is a required public city street so they were unable to make changes to it. Discussion centered on possible options of how to gain back enough ]ot space so a 30 foot buffer could still be used between the homes and pond. Chair Davis suggested the private drive that will be shared could be narrowed to gain some footage. He also suggested the possibility of bringing the frontage street closer to Wescott. Alliant Engineering said that would most likely not be a viable option. Superintendent Olson said that the city typically doesn't give a variance for this distance between frontage road and primary street because it affects the stacking space requirements. Member Hansen asked if there is a drop in the grade on the land around the pond. Alliant Engineering answered there is a 2 foot drop to the pond with 2-3 feet of water in the pond 12 months of the year. Member Danner asked how sequencing and avoidance would be affected if a home was not built on Lot 9. Alliant Engineering replied-that it would allow fora 30 foot buffer to the existing wetland. When continuing to discuss storm water runoff, Member Pletcher suggested using curb and gutter. Chair Davis concurred, suggesting the curb and gutter be placed along the driveway on the front end of the property to direct the flow of water to the proper place. Chair Davis asked Alliant Engineering to consider removing Lot 9 and adjust the placement of the remaining homes. There was a suggestion to leave a single home in the center and turn it sideways. Chair Davis asked the developers to take these suggestions, discuss yard size and make redevelopment adjustments and then bring the proposal back to the APrC. Member Peterson moved and Member Filipi seconded, with all members present in favor to deny the development as proposed. OLD BUSINESS There were no items to review under Old Business. /D6 Agenda Information Memo July 19, 2005, Eagan City Council Meeting B. WAIVER OF SUBDIVISION -TIM MCCORMICK (4583 & 4577 CANTEBURY CIRCLE) ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Waiver of Subdivision requirements to shift the lot line between Lots 19 and 20 ,Block 2, Ches Mar East 15' Addition, located at 4583 and 4577 Cantebury Circle, in the SW '/4 of Section 26, subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councihnembers present. FACTS: - These two lots are developed with atwin-home building. - The lot line between Lots 19 and 20 cuts through the middle of the southerly unit. - The two property owners want to rectify this situation by adjusting the lot line between the two lots so that it runs down the center of the building between the two units. - The proposed adjustment would shift the common lot line approximately 23 feet to the north. - The strip of land affected is approximately 2,737 sq. ft. in area. - The resulting lots will be 8,453 sq. ft. and 9.263 sq. ft. in area. - The building will continue to satisfy minimum setback requirements. - There is no new development associated with this proposal. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: August 29, 2005 ATTACHMENTS (1): Staff report, pages through _~ /o ff PLANNING REPORT CITY OF EAGAN REPORT DATE: July 15, 2005 APPLICANT: Nancy Hatle and Gina Nicholls PROPERTY OWNER: Nancy Hatle and Gina Nicholls CASE: 26-WA-02-06-OS HEARING DATE: July 19, 2005 PREPARED BY: Pamela Dudziak REQUEST: Waiver of Subdivision LOCATION: 4583 and 4577 Cantebury Circle APPLICATION DATE: June 28, 2005 COMPREHENSIVE PLAN: LD ,Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Nancy Hatle and Gina Nicholls are requesting a Waiver of Subdivision requirements to shift the common property line between their two lots at 4583 and 4577 Cantebury Circle, legally described as Lots 19 and 20, Block 2, Ches Mar East 1St Addition, located in the S W '/4 of Section 26. AUTHORITY FOR REVIEW City Code Section 13.02, Subd. 2 states that the Council may waive compliance with any of the provisions of the Subdivision Regulations where compliance will involve an unnecessary hardship, where failure to comply does not interfere with the purpose of the Subdivision Regulations, or where an improved plat can be achieved by deviation from certain provisions of the Subdivision Regulations. Section 13.40, Subd. 4 further states that the Council may impose conditions and safeguards in the variances or waivers so granted. BACKGROUND/HISTORY Ches Mar East 1St Addition was platted in 1976. Lot 19, the southerly lot, is 50 feet wide and Lot 20 is 100 feet wide. Typically, a twinhome is centered on the property line and the lot line runs between the two dwelling units. When it was constructed, this twinhome building was centered within the two parcels, assuming the property line ran down the middle. But with the common lot line off-center, it resulted southerly unit being split by the lot line, such that half of that unit is actually on the northerly lot, Lot 20. /aa Planning Report - Hatle and Nicholls July 19, 2005 Page 2 Both owners wish to rectify this situation and shift the lot line between Lots 19 and ZO to the north so that it falls between the two units. EXISTING CONDITIONS The property is developed with an existing twin home. The building satisfies required front, rear and side yard setbacks. EVALUATION OF REQUEST The current owners of the two lots have agreed to an adjustment in the common lot line to correct the encroachment of the southerly unit into the northerly lot. The two owners are proposing to shift the property line approximately 23 feet to the north. The strip of land affected by this adjustment is approximately 2,737 sq. ft. in area. The minimum lot size for twin homes is 7,500 sq. ft. The resulting parcel sizes will be 9,263 sq. ft. (northerly lot), and 8,453 sq. ft. (southerly lot). The building will continue to satisfy minimum setback requirements. There is no new development associated with this proposal and the resulting new parcel boundaries meet zoning standards for lot size ,dimensions, and setbacks. SUMMARY/CONCLUSION The Waiver of Subdivision is proposed to shift the common lot line to the north so as to achieve a lot line placement between the two units, rather than through the one unit. Both lots contain existing homes and this waiver request is not associated with any additional development. The resulting lots will continue to meet size, dimensional and setback requirements. ACTION TO BE CONSIDERED To recommend approval of a Waiver of Subdivision to shift the property line between the two lots at 4583 and 4577 Cantebury Circle, legally described as Lots 19 and 20, Block 2, Ches Mar East First Addition, located in the SW'/4 of Section 26. If approved, the following conditions should apply: 1. The applicant shall file with the County Auditor a lot combination to combine Lot 19 with the southerly portion of Lot 20, Block 2, Ches Mar East ls` Addition, for tax purposes, and proof of the filing shall be submitted to the City within 60 days following City Council approval of the Waiver. /09 Planning Report - Hatle and Nicholls July 19, 2005 Page 3 Parcel A (4583 Cantebur_y Circle Lot 20, Block 1, Ches Mar East First Addition , on file and of record in the office of the County Recorder, Dakota County, Minnesota, lying northerly of the following described line: commencing at the northeast corner of said Lot 20; thence South, bearing assumed, along the east line of said Lot 20, a distance of 77.48 feet to the point of beginning of the line to be described; thence N89°43'20"W a distance of 120 feet, to the west line of said Lot 120 and there terminating. Parcel B (4577 Canteburv Circle Lot 19 and that part of Lot 20, Block 2, Ches Mar East First Addition, on file and of record in the office of the County Recorder, Dakota County, Minnesota, lying southerly of the following described line: Commencing at the northeast corner of said Lot 20; thence South, bearing assumed, along the east line of said Lot 20, a distance of 77.48 feet to the point of beginning of the line to be described; thence N89°43'20"W a distance of 120.00 feet, to the west line of said Lot 20 and there terminating. //o Eagan Boundary N Right-of-way M L ti ~ Parcel Area on oca ap Park Area - Building Footprint ~~ L _ ~_~_.. ~ ~ + '' - rY y~~~~ ~:',. 1 Islil~l 17_J `rte ~- ~ ~ ~}{ ~J f~ e 1I e!a ~ ~ .~~ i ~ 1 ~ 1 ~ ~ , i ~ ~-: ~ r . . - , ,. ~ ~ J' 't L' . =_ ~, _ t ~ I '~'- ~ ~ ' ~ .~,~ ~- n i .~ ` ~' ' . . ra ,~ ~ ~ ~ s ~' ` _ ~ S'. L, 41 (mss r • ~ r 7 -: ~' ai • • • I'e w • ~ ~ '~ ~ 4 ~ i ~ ~ r • Subject Site t ~ * ~ '~ ~, o, ~ ~. B f . ~•~ a ~ ~ * t e- a+~~ ~ ~ e ~ E ~ ~ ~r ~ a ` ~~ ~ ~ ~ ~ S f f P f ~e ~t S ~ ~~ ~ r t '~~~ P ~ ~ ~~7~ , ~' ' ~ , ~ S + s ^ ~ ~ 1 A. ~~ ~ « ~ a . ~ - ~ a - ~~ ~_ ~~ ~' ~ ~ ~ ~~ ~: Z . ~_ F ~ !~ ~~f 1 r y I ` i i r ! `i~r, ~, - -~ ~ ~ ' ~' ,i ~ ,~ } ; L F 6 • Ir y ~ ,.t 4 ~A ~~ , / ,' + ~, A +! I w i ~ - ' 1 av.~ r 'k. ~ Y a I i :a "~ ~~ . q+~ i, ~ a `' 'i i rt. "'t _ me t.• - ~ c _> 4 ~, i~ S', r~ ~iE~:. i ~. '~ : •k i- d o L ~~1 ~~ ~ ~ ~. ~,s T a r -'~' .r ~." ' ' ~ ~ _ e: . 4 e _4 :k 1 ~ ~1~, / ~~ ~ ~ t ~ F ~~ ~ ~ ti ~ ~ t .c~~ ~ a +~ fs'~ ~ ~ "~ ~~ _ ~ ~~ ~ ~ ~-~ - ~ ~,, 1s ' ~, a Hi ' ~ a. I ' ~ ~ ~~ ~ - ~ , . ~ - __ 1000 0 1000 2000 Feet Development/Developer: Nancy Hatle and Gina Nicholls Application: Waiver of Subdivision Case No.: 26-WA-02-06-05 Map Prepared using ERSI Arcvew 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as of April 2005. N City of Eo~aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Communmy Development Departm.nt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Nancy Hatle and Gina Nicholls Waiver of Subdivision Case No. 26-WA-02-06-05 v ~ Zoning Map ~~~ P P ~ Current Zoning: PD Planned Development .~ ,~ , A g.1 Location A 4 ~•~•~. ~ P P P 600 0 e00 1200 R.t Comprehensive Guide Land Use Map Plan "~~Zl~ D L ~v~° ~ P p ~N ~ LD Lp t 9j Current Land Use Designation: LD Low Density Residential ~ P Location ~.~,.,,• P 000 o soo ~soo F..e Paroel bate ma Iormati Wdetby Oakota County Gndfuvay Departmatt Jun. 200J. N oning information malntainad byCity ftatt City of Eagan W E THIS MAP IS INTENDED FOR RffERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S Planning Report - Hatle and Nicholls July 19, 2005 Page 3 Parcel A (4583 Cantebury Circle Lot 20, Block 1, Ches Mar East First Addition , on file and of record in the office of the County Recorder, Dakota County, Minnesota, lying northerly of the following described line: commencing at the northeast corner of said Lot 20; thence South, bearing assumed, along the east line of said Lot 20, a distance of 77.48 feet to the point of beginning of the line to be described; thence N89°43'20"W a distance of 120 feet, to the west line of said Lot 120 and there terminating. Parcel B (4577 Canteburv Circle Lot 19 and that part of Lot 20, Block 2, Ches Mar East First Addition, on file and of record in the office of the County Recorder, Dakota County, Minnesota, lying southerly of the following described line: Commencing at the northeast corner of said Lot 20; thence South, bearing assumed, along the east line of said Lot 20, a distance of 77.48 feet to the point of beginning of the line to be described; thence N89°43'20"W a distance of 120.00 feet, to the west line of said Lot 20 and there terminating. //~ ,~~., _. z.~ ~ Y J <~- O _ ti .~ v ~ O ~. J. ~On.f y, li L Q 7 ^ ~ C n.~'r~.. ~• l~; «u C '. L; C U Jj O c~Z J'-o' ~~~ _ _ ~~-_~ ~i // NOI1100V lS~id 1Sb3 2iNW 53H0 ~Z NOOl9 'OZ ~d 6l 5101 - °o o~ a 4 o •~ m - w ~ ~',LOS~NI~II~ `N~~V~ 1.i7~~i1 11~14~1Y. _ ~tOISI~I~i~~1S ,LO'I 2~O.~II~ s ~ ~-~ m _ I I aT in o ~ ~ - ~ s ~/' Z O ~ O ~ C _ X V 1 d ~` ~ J Ql a. ~ ~' a > 2 ~ Z rn I- Z O O U O ' l i.'. U C7 U _ j I .\ \ \ \\ \ ~ \i °~_~ I - -{ i 1 ..... 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O N O O 7~ G.~G ]`: O-~~~~nO_L ZL to ~" C(JJ a 4: ~' rn F L (.~^. y~ C O f O C~ C Vl O C F ~ G L O J C• O r.1 V~ O C: S~ w- Y C; ~~ O N ~' _ ~ ~O O C: N u' _ v ~ ~ ` H C N~ r O J ~ aN UC~~v.L.~. ~^-`~~E co a ~ W t ~ ~ W « S_ - N ~ O « y ~ _ Oc0 OO a ~ ~.~'. w 0 0~'.a O ` C ~ C~ ^ O N~ 0 0 J W~ U~ C O O O.O ~`_ U o o t ~ c o Noo>o°R~o°a,v V CO O L P.n .` w ~_~ O O O Y ~ `] O~ J 0 0 mu~~~~oco~e« O cUr ~;aO c?NQ~ o c.-= ~N.cO ~~ «O L O" j« y N C M QEi JZ T Ti. O J.n M ~ N O r- j J~ 'O C Gl C O D= U U O«~- S O '~ t'oc~'Cccmcz~c« J a4 ~ u c: 'o rp 4i C... W L ~.L.. G O. U 3 0 tj Q L~~~ O O C S L~ O J .i - - ~ .. .. ; "' trE COr',NE-; 1.OT 2G ER.ST 12Q.Q0 _~ ! :~ ~ FJU'T LNE LOT 70 - , 30 30 r---------t------~~~_ ~ ! ~ - 10 rT DRAJNAGE ~ ~ y ~ p ~ ,., UTllA_If`( E(A~SEMENT - __ - ._ ~ ~. ~,-- -WEST UNE LOT 20 ~~#Pt'i~1~~~ ~ Y '~~~ ~ ~ ~ CONCRETE SlDE1NALK- ~ ! _ ~ 23.9 ~ ~ _ y !~ PROPOSED LOT LINE .. .... ...............~:-:•:•:~:~.:_ :..::~:;:.:.;-. • ' ~ % % DUPLEX % ! • :: .:::::::.......... • :~::,4.....:. EXISTING LOT LINE~\ ~ -' ! ~ / .... p:~~:::~ , ~, L - -- - ' ~ , ' ~ ~ ' ~ 40RTH U~IE I.OT 1 E ~ ~ ! CONCRE?E SIDEWALK - -' # ~ ! -5 F-T DRAINAGE ~ ~ ~ PA~C~~ ~ ~ ~ fl0 ~ ! ` IITIUTY EASEMENT -~~"' ~ ~~ • ~2 flp '•~. r O O -~J WEST g$.Q4 ,~'~ v~ EXiSTiT~G T~'sA><lSFORMER PAD -- • ~ ~ Mi~RiCEt~ `,pmt 'X° T+~ 41ow P~oPt~;Tr COF.7tER LCCAreN .•,- =~ ~ ~~ - .~'-• R ' - _ --- AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONONIIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 19, 2005 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT -APPROVE AMENDMENT to the Lease Agreement for Eagan Pet Clinic to Postpone Rent Rate Adjustment far Three Months to October 20, 2005 2. AUTHORIZE PREPARATION of Predevelopment Agreement between the City, Revestors Corporation and Manley Development Relative to the Potential Redevelopment of the Southeast Eagan Area Bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road F. OTHER BUSINESS G. ADJOURNMENT //6 Agenda Information Memo Eagan Economic Development Authority Meeting July 19, 2005 A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the July 19, 2005 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the July 19, 2005 EDA meeting on pages l / ~-~~9 //7 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July S, 2005 A meeting of the Eagan Economic Development Authority was held on Tuesday, July 5, 2005 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Cazlson, Commissioner Tilley, and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Carlson seconded a motion to approve the agenda as presented. Aye:S Nay:O APPROVE MINUTES Commissioner Tilley moved, Commissioner Cazlson seconded a motion to adopt a resolution approving the minutes of the June 21, 2005 EDA meeting as presented. Aye:S Nay:O NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZATION FOR NEGOTIATIONS FOR POTENTIAL ACQUISITION OF MEI BUSINESS SOLUTIONS, 4040 CEDAR GROVE PARKWAY Community Development Director Hohenstein discussed the potential acquisition of MEI Business Solutions property. Commissioner Maguire moved, Commissioner Tilley seconded a motion to authorize staff to enter into negotiations for the potential acquisition of MEI Business Solutions (Yarbrough} property, 4040 Cedaz Grrove Parkway. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZATION FOR NEGOTIATIONS FOR POTENTIAL ACQUISITION OF AVVT PROPERTY 3994 CEDARVALE DRIVE Community Development Director Hohenstein discussed the potential acquisition of AWT property. ~~~ Commissioner Geagan moved, Commissioner Carlson seconded a motion to authorize staff to enter into negotiations for the potential acquisition of AWR (Lundeen) Properly, 3994 Cedarvale Drive. OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 7:55 p.m. Aye: 5 Nay: 0 Date Executive Director 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, (612) 681-4600 (TDD phone: (612) 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. /!9 Agenda Memo Eagan Economic Development Authority Meeting July 19, 2005 1. CEDAR GROVE REDEVELOPMENT DISTRICT -APPROVE AMENDMENT TO THE LEASE AGREEMENT FOR EAGAN PET CLIIVIC TO POSTPONE RENT RATE ADJUSTMENT FOR THREE MONTHS TO OCTOBER 20, 2005 ACTION TO BE CONSIDERED: To approve an amendment to the Lease Agreement for Eagan Pet Clinic for property located at 3990 Cedaz Grove Parkway to postpone the scheduled rent rate adjustment for three months to October 20, 2005. FACTS: The City has taken steps to bring about the redevelopment of the Cedaz Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. As a part of that activity, the City has acquired a number of properties that have been or will be redeveloped in the future. One of those properties is the Eagan Pet Clinic at 3990 Cedar Grove Parkway, which the City purchased on July 20, 2004. As a part of the acquisition of this property, the City agreed to lease the property back to the clinic owners for one year for one dollaz to facilitate their completion of their new clinic at the intersection of Rahn Road and Cliff Lake Road. • As of July 20, 2005, the rent is scheduled to increase to $1,000 a month through October 20, if the clinic owners have not vacated the property by that time. If the property is not vacated by October 20, the rent would increase to $6,000 per month through January 20, 2006, at which time the lease would terminate. • The new clinic is under construction, but has been delayed by the wet spring. Drs. Hanson and Metcalf have requested that the City extend the one dollaz rent through December 15 in consideration of the delay. Staff has spoken with Dr. Hanson and is recommending instead that the EDA and City Council consider amending the lease to permit a three month extension of the initial rent through October 20, with the understanding that the rent would increase to $1000 per month at that time and that the lease would need to be renegotiated if it is not possible for the clinic to accomplish its relocation by January 20, 2006. ATTACHMENTS: • Request for postpone e t f rent increase on page _ l ~ I • Resolutions on pages • Area map on page ~~sw / /a~ ~~~ P ET cL j~ wQ. ~ C 3990 Cedar Grove Parkway Eagan, MN 55122 Phone: 651/454-5684 Fax: 651/454-0713 June 23, 2005 Jon Hohenstein 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Jon Hohenstein, 11 /~ ~~~ ~!' 4 S We wanted to thank you for your consideration on our lease back agreement for one dollar. We have tried to be very conscientious in maintaining our schedule. However, with the very wet weather combined with moisture retaining soil at the site, our contractor is having a very difficult time. If the dollar lease could be extended until December 15~', 2005, with the understanding that we would continue to do our best to complete the new project on time, we would greatly appreciate it. Again, thank you for your consideration. Respectfully, _~ Timothy Metcalf and Bruce Hansen Eagan. Pet Clinic /~i EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE AMENDMENT TO THE LEASE AGREEMENT FOR EAGAN PET CLII~TIC TO POSTPONE RENT RATE ADJUSTMENT FOR THREE MONTHS TO OCTOBER 20, 2005 BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve an amendment to the Lease Agreement for Eagan Pet Clinic to postpone rent rate adjustment for three months to October 20, 2005. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regulaz meeting thereof assembled this 19ei day of July, 2005. Jon Hohenstein, Secretary/Deputy Executive Director /ate CITY OF EAGAN RESOLUTION TO APPROVE AMENDMENT TO THE LEASE AGREEMENT FOR EAGAN PET CLINIC TO P05TPONE RENT RATE ADJUSTMENT FOR THREE MONTHS TO OCTOBER 20, 2005 BE IT RESOLVED by the Eagan City Council to approve an amendment to the Lease Agreement for Eagan Pet Clinic to postpone rent rate adjustment for three months to October 20, 2005. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 19"` day of July, 2005. Maria Petersen, City Clerk /~3 ~ ,~ ~' 'j\~ - ,_ :~ F,. ~ _~ ~ d ~ - 1 ~'~ ~ ,~~ ~a~ ~ ~ ~'~ ~ oQe~ ~, D Gv ,+~ u a . ~ ~Q ~ ~ ~'~ ryh a ~ o, e n ` .a. ,. ~~ Q,~O / a ~a'~ d ~~~~~ a~%%~~i i~~ Agenda Memo Eagan Economic Development Authority Meeting July 19, 201}5 2. AUTHORIZE PREPARATION OF PREDEVELOPMENT AGREEMENT BETWEEN THE CITY, REVESTORS CORPORATION AND MANLEY DEVELOPMENT RELATIVE TO THE POTENTIAL REDEVELOPMENT OF THE SOUTHEAST EAGAN AREA BOUNDED BY HWY 3, RED PINE LANE. BISCAYNE AVENUE AND GUN CLUB ROAD ACTION TO BE CONSIDERED: To authorize the preparation of a Predevelopment Agreement between the City, Revestors Corporation and Manley Development relative to the potential redevelopment of the southeast Eagan area bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. FACTS: - The purpose of this business item is to authorize staff and the developers of properties in a portion of southeast Eagan to negotiate the predevelopment agreement for future consideration by the EDA and City Council. Formalizing the relationship and the process moving forward will also permit staff to communicate with potentially affected property owners and neighboring property owners regazding the steps that will be taken to address these issues. - In the past, the City has considered the appropriateness of certain commercial industrial land uses in the southeast part of the City in the area of Red Pine Lane and Biscayne Avenue. As urban density development has occurred in the azea, particulazly residential development, the City has determined that different land uses would be more appropriate in the long term. - In the most recent Comprehensive Guide Plan, the area bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Ciub Road is designated to be RC Retail Commercial and it is zoned NB Neighborhood Business. At the present time, portions of the property are vacant and the remainder is occupied by commercial and industrial properties maintained in a range of conditions. - In recent months, the City has been approached by two development f rms, Revestors Corporation and Manley Land Development, which have acquired property within the area and propose to develop it in a manner generally consistent with the Comprehensive Guide Plan and Zoning designations for the property. Revestors has purchased the former Oberg property along Hwy 3 and Manley has acquired and cleared the former Pieper property at the corner of Red Pine Lane and Biscayne Avenue. /~s - In response to this situation, the City Council authorized staff and the Council Finance Committee to meet with the developers to discuss the potential for defining a master plan for the area that could anticipate the redevelopment of the area. In particular, the City Council indicated that they expected a master plan for the area to address traffic access and circulation, integrated site design and consistent, high quality azchitectural design to bring about a unified approach to the site and to avoid hodge podge development of parts of the property. - The parties have met to discuss preliminary concepts and the Finance Committee and staff are recommending that the City, Revestors Corporation and Manley Development enter into a predevelopment agreement to define the terms, responsibilities and cost obligations associated with refinement and presentation of a master plan and investigation of the eligibility of the area for consideration as a redevelopment district under Minnesota law. ATTACHMENTS: • Resolutions on pages p~ `~ O • Area map on page ~a6 CITY OF EAGAN RESOLUTION TO AUTHORIZE PREPARATION OF PREDEVELOPMENT AGREEMENT BETWEEN THE CITY, REVESTORS CORPORATION AND MANLEY DEVELOPMENT RELATIVE TO THE POTENTIAL REDEVELOPMENT OF THE SOUTFIEAST EAGAN AREA BOUNDED BY HWY 3, RED PINE LANE, BISCAYNE AVENUE AND GUN CLUB ROAD BE IT RESOLVED by the Eagan City Council to to authorize prepazation of a Predevelopment Agreement between the City, Revestors Corporation and Manley Development relative to the potential redevelopment of the Southeast Eagan Area bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regulaz meeting thereof assembled this 19~` day of July, 2005. Maria Petersen, City Clerk /~ 7 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO AUTHORIZE PREPARATION OF PREDEVELOPMENT AGREEMENT BETWEEN THE CITY, REVESTORS CORPORATION AND MANLEY DEVELOPMENT RELATIVE TO THE POTENTIAL REDEVELOPMENT OF THE SOUTHEAST EAGAN AREA BOUNDED BY HWY 3, RED PINE LANE, BISCAYNE AVENUE AND GUN CLUB ROAD BE IT RESOLVED by the Boazd of Commissioners of the Eagan Economic Development Authority to authorize preparation of a Predevelopment Agreement between the City, Revestors Corporation and Manley Development relative to the potential redevelopment of the Southeast Eagan Area bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 19~ day of July, 2005. Jon Hohenstein, Secretary/Deputy Executive Director /~8' a~ a~ o LL. ~°n ^ 0 ~n N N r L Q W ~+ ~, ~ w e ~. ''~^^ V/ /~ 9 Agenda Iaformation Memo Eagan Economic Development Authority Meeting July 19, 2005 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. /30