05/18/1994 - City Council Regular4)6
(74
AGENDA
REGULAR FETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
WEDNESDAY- MAY 18. 1994
6:30 P.N.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
II. 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. 6:35 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
V. 6:55 - CONSENT AGENDA (PINK)
f
A. PERSONNEL ITEMS
fj B. LICENSES, Plumbers
+$ C. RESOLUTION, Regarding Information Superhighway Legislation
,Fw1;4: PROCLAMATION, Burnsville/Eagan Public Access Volunteer Appreciation Day, June 2, 1994
AWARD CONTRACT, For Media Consultant Services
r`t F. CONTRACT 94-03, Receive Bids/Award Contract (Blackhawk Rd. & Blue Cross Rd. - Street
. 1 Reconstruction and Trail Improvements)
V of G. PROJECT 665, Revise Pending Assessment Roll (Blackhawk Rd. - Street Reconstruction &
Trail Improvements
H. SPECIAL USE PERMIT, Starks Saloon, to permit a pig roast on June 25, 1994, located at
3125 Dodd Road in the NW 1/4 of Sec 12
30 I. RESOLUTIONS and Findings of Facts, Denial of Comprehensive Guide Plan Amendments for
9.6 acres located west of Crestridge Drive and east of I -35E in the SE 1/4 of Sec
16/Good Value Homes and 19.52 acres located south of Town Centre Drive and east of
Yankee Place in the NE 1/4 of Sec 15/Centex Homes
r. ,IJ. CONTRACT 94-07, Receive Bids/Award Contract (Phase 1 Grading - Public Safety Building
Expansion)
e i$, K.
L. RECEIVE Plans and Specifications and Authorize Bids for Police Department Expansion
PW 11.
DECLARE Surplus Property for June 4, 1994, Public Auction
M. CONTINUTATION OF AGREEMENT, City of Eagan and the City of Rosemount for Public Safety
Dispatch Services
ulI N. CITY CONTRACT 93-12 (Hawthorne Woods Drive - Sidewalk) - Contract Change Order #2
VI. 7:00 - PUBLIC HEARINGS (SALMON)
(701110A. PROJECT 667, Cedarvale Drive - Street Reconstruction
VII. OLD BUSINESS (ORCHID)
QV'.A. REZONING, Marell Inc., of 30.1 acres from A (Agricultural) and R-4 (Multiple) to R-1
(Single Family) located along the south side of Lone Oak Road, north of Highway 55 in
the NE 1/4 of Sec 12
`" B. WAIVER OF PLAT, Frank H. Rechtzigel, in order to split Parcel 011-50 for individual
�` ownership located along the north and south sides of Deerwood Drive east of I -35E in
the SW 1/4 of Sec 21
VIII. NEW BUSINESS (TAN)
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XIII.
REZONING, Hills, Inc., of 6.2 AG (Agricultural) acres to an R-1 (single Family)
District, a PRELIMINARY PLAT, Hills, Inc., Whispering Woods 10th Addition, consisting
of 14 lots and a VARIANCE to allow a 20' front yard setback on Lots 3, 4, and 5, Block
1, located south of Slater Road, west of Storland Road in the SW 1/4 of Sec 31
REZONING, Heritage Development, of 17.7 AG (Agricultural) acres to an R-1 (Single
Family) district and a PRELIMINARY PLAT, Heritage Development, Cedar Heights,
consisting of 39 lots, located south of Storland Road, east of Slater Road in the SW
1/4 of Sec 31
PRELIMINARY PLAT, DLJ Associates, Villas of Violet Lane consisting of 14 lots for
seven duplex buildings on 4.6 previously zoned R-2 (Double) acres, located along the
west side of Federal Drive, south of Violet Lane in the NE 1/4 of Sec 16
VARIANCE, Twintown Exteriors, a Variance request of 5' to the required 10' side yard
setback; located on Lot 24, Block 2, Berkshire Ponds Addition (1973 Covington Lane)
in the NW 1/4 of Sec 32
VARIANCE, George Zirnhelt, to the 50' minimum lot width, located on Lot 17, Zhender
Acres in the SW 1/4 of Sec 4
POLICY, Sidewalk Requests/Residential Streets
ADDITIONAL ITEMS (GOLD)
LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY)
Dakota County League of Governments Update
ADMINISTRATIVE AGENDA (GREEN)
VISITORS TO BE HEARD (for those persons not on agenda)
ADJOURNMENT
The City of Eagan is committed to the policy that all persons have equal access to its
programs, services; activities, facilities and employment w.Lthout regard to race, color,
creed, religion, national origin, sex, disability, age, marital status, sexual orientation,
or status with regard to public assistance. Auxiliary aids for persons with disabilities
will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours
is received, the City of Eagan will attempt to provide such aid.
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MAY 13, 1994
SUBJECT: AGENDA INFORMATION FOR THE MAY 18, 1994 CITY COUNCIL
MEETING
After approval is given to the May 18, 1994 City Council agenda and the regular meeting
minutes for the May 3, 1994 City Council meeting, the following items are in order for
consideration.
SIMS
At this time, there are no items to be considered under Department Head Business.
Agenda Information Memo
May 18, 1994 City Council Meeting
OI SE 'A I DA
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There are thirteen (13) items on the agenda referred to as consent items requiring one (1)
motion by the City Council. If the City Council wishes to discuss any of the items in further
detail, thoseitems should be removed from the Consent Agenda and placed under
Additional Items unless the discussion required is brief.
PERSONNEL ITEMS
A. Personnel Items
Item 1. Seasonal Engineering Aides—After interviews, it is the recommendation of
Assistant City Engineer Foertsch that the following persons be hired as seasonal engineering
aides: Jason Law, Heather Rougier, Tadd Ulrich and Clark Wicklund.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Jason Law,
Heather Rougier, Tadd Ulrich and Clark Wicklund as seasonal engineering aides.
Item 2. Temporary Seasonal Tennis Instructors --After interviews, it is the
recommendation of Superintendent of Recreation Peterson that Melinda Cohee be hired
as the temporary seasonal tennis director and that Monica Berhow, John Hayden and Tara
Roffler be hired as temporary seasonal tennis instructors.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Melinda
Coffee as the temporary seasonal tennis director and Monica Berhow, John Hayden and
Tara Roffler as temporary seasonal tennis instructors.
Item 3. Seasonal Park Maintenance Worker—After interviews, it is the
recommendation of Superintendent of Parks VonDeLinde that Tom Kennealy be hired as
a seasonal park maintenance worker.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Tom Kennealy
as a seasonal park maintenance worker.
Item 4. Student Intern/Parks & Natural Resources—For the Council's information,
Mike Horner will be fulfilling a student internship in the Parks and Natural Resources area
during the summer months. Mr. Horner will not be an employee of the City of Eagan. The
item is on the Consent Agenda only for the Council's information. No action is required
on this item.
a
Agenda Information Memo
May 18, 1994 City Council Meeting
Item S. Title Change/Investigators--The City has received a request from employees
currently holding the title of "Investigator" that their titles be changed to "Detective." It is
the belief of the Chief of Police and City Administrator that the title change is appropriate;
therefore, they are recommending the tide change to the City Council. The action would
require only approval of a title change. The change does not include any additional pay or
monetary expense for the City. For the Council's info ation, a co f a memo from
Administrative Captain Swanson is enclosed on pages through
ACTION TO BE CONSIDERED ON THIS ITEM: To approve changing the title of the
current "Investigators" to the new title of "Detectives."
3
city of acigcin
police department
PATRICK GEAGAN
Chief of Police
RICHARD SWANSON
Captain Administration & Investigation
JAMES SEWALD
Captain Patrol
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (612) 681-4700
TDD: (612) 454-8535
FAX: (612) 681-4738
DATE: May 9, 1994
TO:
FROM:
SUBJECT:
Holly Duffy, Assistant to the City Administrator
Rick Swanson, Administrative Captain
Position Title Change
THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Administrator
E. J. VAN OVERBEKE
City Clerk
I have been approached by the Investigative Sergeants requesting a title change for the
"Investigators" to "Detective." The title change is requested to give a more professional meaning
to their positions. The title "Investigator" is a common term used by many occupations, e.g.,
Insurance Investigator, Private Investigator, etc. The majority of police departments do title their
non -patrol officers as "Detectives." Both formal complaints issued by prosecuting attorneys and
titles used by prosecuting attorneys in courtroom testimony refer to "Investigators" as
"Detectives."
In addition, the Webster's II New Riverside dictionary defines "Detective" as:
"A person, often a police officer, whose work is investigating and trying to solve crimes."
The dictionary defines "Investigate" as:
"To make a systematic inquiry (into): examine deeply. - investigation n. - investigative
adj. - investigator n."
I have spoken with Chief Geagan and we both support this title change request. This title change
will not be considered a promotion nor involve any additional pay increase or any monetary
expense to the City. The TSP for the position also will not change.
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/AffI ve Action Employer
Holly Duffy
May 9, 1994
Paget
I ask that this title change request be placed on the consent agenda for the City Council approval
at the May 17th council meeting.
If you have any questions, feel free to contact me.
Sincerely,
Rick Swanson
Administrative Captain
RS:bk
cc: Pat Geagan, Chief of Police
Jeff Johnson, Sergeant
Jim McDonald, Sergeant
Agenda Information Memo
May 18, 1994 City Council Meeting
PLUMBERS' LICENSES
B. Licenses, Plumbers—City Code re s that plumbing contractors be licensed on at least
an annual basis. Enclosed on page is a list of contractors whose applications are in
order for -Council consideration at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as
presented.
PLUMBER LICENSES FOR APPROVAL - YEAR 1994
CAPRA'S UTILITIES INC.
COMMERCIAL PLUMBING
DAVE'S PROFESSIONAL PLUMBING
DOODY MECHANICAL
HARRIS CONTRACTING COMPANY
NORTH STAR PLUMBING ,
For May 18, 1994 City Council Meeting
Agenda Information Memo
May 18, 1994 City Council Meeting
INFORMATION SUPERHIGHWAY RESOLUTION
C. Resolution, Regarding Information Superhighway Legislation—This item was originally
on the April 19, 1994 Consent Agenda for the Eagan City Council. However, at the
recommendation of the Joint Cable Commission, the item was continued until the May 18,
1994 Consent Agenda in order that the Cable Commission be able to consider the resolution
at its May 12 meeting. The three main points of the resolution are: (1) the support for
local government involvement in the formation of the Information Superhighway; (2) just
compensation for local public rights-of-way as a result of any such legislation; and (3) the
protection of public, educational a government EG) access provisions in any such
legislation. Enclosed on pages through is a copy of a memo from Cable
Coordinator Reardon regarding this em, including a copy of the resolution.
At the Burnsville/Eagan Cable Commission's May 12 meeting, the Commission unanimously
recommended that its Member Cities adopt the resolution as presented.
ACTION TO BE CONSIDERED ON THIS ITEM: To adopt the resolution regarding the
Information Superhighway.
MEMO TO:. ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN
DEPUTY CITY MANAGER HANSEN
FROM: MIKE REARDON, CABLE COORDINATOR
DATE: MAY 10, 1994
SUBJECT: RESOLUTION REGARDING INFORMATION SUPERHIGHWAY LEGISLATION
background
At the Cable Commission's April 14 meeting, the Commission
considered a resolution regarding "Information Superhighway"
legislation. After considerable discussion by the Commission, the
resolution was referred to its Citizen/Company. Relations Committee
for further review. The C/CR Committee has since met with staff
and reviewed the revised resolution. The Committee recommends that
the Commission advise the Member Cities to adopt the resolution as
attached. The Commission will consider this action at its May 12
meeting.
Discussion
As the resolution indicates, there has been considerable
legislation discussed both at the federal and state level this year
concerning the formation, development and operation of an
"Information Superhighway." In most of the legislation, local
municipal involvement has either been absent or greatly reduced
from its current role as a participant in the delivery of video
services to the community.
The three main points of the resolution are: the supports local
government involvement in the formation of the Information
Superhighway; the just compensation for local public rights-of-way
as a result of any such legislation; and the protection of public,
educational and government (PEG) access provisions in any such
legislation.
Although the fast track that the Information Superhighway has been
on during the spring has slowed down, it still is a strong
possibility that such legislation will be passed this session.
Therefore, it would be prudent to take action at this time and stay
involved in the legislative discussion. This resolution would not
only state the City's position in the legislation, but also
establish the City's position for any subsequent discussion that
Mayor, Council or staff might have with legislators.
$eoommended Aatioa
The Burnsville/Eagan Cable Commission will consider at its May 12
meeting, the Citizen/Company Relations Committee's recommendation
-that the Commission advise its Member Cities to adopt the attached
resolution. Pending Commission action, a subsequent memorandum
9
will be provided on Friday which will describe the action taken by
the Commission that previous evening.
Cable Coordinator
Attachment
MR/vmd
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CITY OF EAGAN
A RESOLUTION
URGING THE CONGRESS AND THE LEGISLATURE
OF THE STATE OF MINNESOTA TO INCLUDE PROVISIONS REQUIRING
MUNICIPAL INVOLVEMENT IN ANY LEGISLATION RELATING TO THE
FORMATION, DEVELOPMENT AND OPERATION OF THE INFORMATION
SUPERHIGHWAY
WHEREAS,several Bilis have been introduced in the 103rd Congress relating
to telecommunications, cable television, and the "Information Superhighway", including
S.1086, 5.1822, and H.R.3636, which provide for entry into the business of cable television
by telephone companies; and
WHEREAS, in this session of the State of Minnesota Legislature, there were
Bills introduced including H.F.2408, S.F. 2473 and H.F. 2949 which did or could have
authorized substantial changes in the State regulation of new services in the delivery of new
"Information Superhighway" services or structures; and
WHEREAS,H.R.3636 potentially limits local franchising and precludes local
authorities from decision-making concerning the services permitted; and
WHEREAS, there might be efforts to weaken the provisions in S.1822
preserving local franchising; and
WHEREAS, the Council of the City of Eagan, Minnesota fully subscribes to
the following key points enumerated by the National Association of Telecommunications
Officers and Advisors, regarding federal telecommunications legislation:
• Telephone companies provision of video services, and any other alternate video
provider of video services, will help consumers by generating competition;
• Telephone companies. and any other alternate video provider, using public rights-of-
way for competitive video services should make a fair contribution to the community
for use of its public easements and rights-of-way for a commercial enterprise;
• Municipalities ensure both the coordination of its public easements and rights-of-way
and the protection against the overbuild of such space;
• Municipalities support competition and are experienced in awarding franchises, which
is a method to assure that a community's own particular needs are met;
• National standards for local needs like public, educational, and governmental access
channels and institutional networks cannot adequately address the many differences
among our nation's cities and counties;
• The delivery of Information Superhighway services must be protected from redlining
and discrimination in neighborhoods and populations to be served;
If municipal governments are barred from participating in the process, the City's
ability to participate in the development of the local telecommunications
infrastructure for educational and governmental needs could be harmed, and could
undermine a community's chance to benefit from the National Information
Infrastructure; and
WHEREAS, the Council believes that the best way to assure local
accountability in the tailoring of customer service to meet local needs is through active,
direct local input and participation; and
WHEREAS, over 80% of the City's cable subscribers have deemed that the
local programming of public educational and governmental access is very/somewhat
important to remain on the local cable system; and
WHEREAS, the Council supports the continued operation and funding of
public, educational and government access and the services it provides to our community,
which otherwise might not be available; and
WHEREAS,the Council understands the need for a balanced approach to the
application of taxes, community obligations, and service obligations regarding the provision
of cable television services and local telephone access, so that no single company or industry
is put at a disadvantage in providing services to the residents of the City of Eagan; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Eagan:
Section One, that the Council respectfully urges the Congress of the United States, and the
Legislature of the State of Minnesota, to preserve local authority and involvement by
including provisions requiring local government involvement in any legislation relating to
the Information Superhighway including the receiving, amplifying, transmitting, or otherwise
distributing video signals or programming or other new video, data, and interactive services.
Section Two, that the Council believes any "Information Superhighway" legislation at the
Federal or State level must preserve a meaningful role for local governments in decisions
regarding the use of the City's public rights-of-way, must ensure just and fair compensation
for the use of the public rights-of-way, must preserve and protect the delivery and
transmission of public, educational, and government access services, or similar, and must
ensure the funding and support of public, educational, and government access services, or
similar.
Section Three, that the Clerk of the City of Eagan shall attest and affix the seal of the City
of Eagan to this resolution, and that copies herefore be transmitted to all members of the
Congressional delegation serving the State of Minnesota, to the members of the Senate
Committee on Commerce, Science & Transportation, and to the State of Minnesota
Legislature representatives of the City of Eagan, Minnesota.
Motion made by:
Seconded by:
Those in favor:
Those against:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, 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 18th day of May, 1994.
E. J. VanOverbeke, City Clerk
13
Agenda Information Memo
May 18, 1994 City Council Meeting
PUBLIC ACCESS VOLUNTEER APPRECIATION DAY
D. Proclamation, Burnsville/Eagan Public Access Volunteer Appreciation Day, June 2,
1994Traditionally, the Burnsville/Eagan Cable Commission sponsors a Volunteer
Appreciation Day for their public access volunteers. Also traditionally, both the Cities of
Burnsville Eagan ' s e an official proclamation of this day and the events. Enclosed
on pages through is a copy of a memo from Cable Coordinator Reardon regarding
this item, including a o y of the official proclamation.
ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim June 2,1994 as Burnsville/
Eagan Public Access Volunteer Appreciation Day.
MEMO TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN
DEPUTY MANAGER HANSEN
MOM NIKE REARDON, CABLE COORDINATOR
DATE: MAY 9, 1994
SUBJECT: CITIES' PROCLAMATION - BURNSVILLE/EAGAN PUBLIC ACCESS
VOLUNTEER APPRECIATION DAY, JUNE 2, 1994
Background
Attached is a copy of a proclamation which proclaims Thursday, June
2, as the Burnsville/Eagan Public Access Volunteer Appreciation
Day. The Cities' proclamation of a Volunteer Appreciation Day
coincides with the Cable Commission's and Meredith Cable's
sponsorship of the 7th Annual Public Access Volunteer Appreciation
Event at Meredith's public access facility in Eagan. The last five
Volunteer Appreciation Events/Days have been proclaimed as such by
the Cities.
The attached sample proclamation provides general background as to
the number of volunteers, hours of programming, and the number of
productions provided by the volunteers in 1993.
Additional Information
Also attached is a copy of the invitation that was sent regarding
the Appreciation Event. As noted, the awards' ceremony will start
at 7:00 p.m. The ceremony will also be shown live on TV33 and
taped for future playbacks. As has been past practice, Mayor Egan
and Mayor McElroy will be invited to present awards. In the event
the Mayor(s) is unable to attend, it would be appreciated if they
would appoint a designee to make the presentations in their place.
Obviously, all of the City Councilmembers are invited to attend the
June 2 festivities.
ACTION TO BE CONSIDERED: On behalf of the Cable Commission and
Meredith Cable, it is staff's request that the Cities consider
adopting the attached proclamation at the Burnsville City Council's
May 16 meeting, and at the Eagan City Council's May 18 meeting.
lac...
Cable Coordin or
Attachments
MR/vmd
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CITY OF EAGAN
PROCLAMATION
BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY
June 2, 1994
WHEREAS, from January 1, 1993
citizens have volunteered over ten thousand
public access programming to the communities
hours of original public access programming
to December 31, 1993, approximately 225
hours of their time and energy to provide
of Burnsville and Eagan, resulting in 750
and 511 productions, and
WHEREAS, these public access programs provide the opportunity for the
citizens of Burnsville and Eagan to view programs for and about their communities, which
otherwise would not be provided, and
WHEREAS, these volunteers receive no compensation for their time, energy and
production skills, other than the occasional recognition by appreciative viewers and
citizens, and
WHEREAS, the Burnsville/Eagan Cable Communications Commission, in
cooperation with Meredith Cable and their Burnsville/Eagan local access staff, have
decided to demonstrate their appreciation by honoring all the 1992 public access
volunteers, with the Burnsville/Eagan Public Access Volunteer Appreciation Event on June
2, 1994.
NOW, THEREFORE LET IT BE RESOLVED, that I, Tom Egan, Mayor of the City of
Eagan, do hereby proclaim Thursday, June 2, 1994 as
BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY
in Eagan,
AND, BE IT RESOLVED, that copies of this proclamation be displayed in the
local newspapers and the local access facility at 4155 Sibley Memorial Highway, Eagan,
Minnesota, as evidence of our esteem.
IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of
the City of Eagan to be affixed this 18th day of May in the year of our Lord One
thousand nine hundred and ninety-four.
Motion made by:
Seconded by:
Those in favor:
Those against:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, 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 18th day of May, 1994.
E. J. VanOverbeke, City Clerk
City of Eagan
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Agenda Information Memo
May 18, 1994 City Council Meeting
CONTRACT/MEDIA CONSULTANT SERVICES
E. Award Contract, for Media Consultant Services --At the April 19 City Council meeting,
staff was authorized to solicit bid proposals for the retention of audio, visual and acoustic
(media) consultant services. The proposals have been received and the firms submitting
them interviewed. Enclosed on pages through; is a copy of a memo from Cable
Coordinator Reardon regarding this item`. Staff is recommending that the Council award
the contract to Electronic Interiors Inc. as its media consultant to provide the Scope of
Services asoutlined in their May 4 proposal, including the award of contract for the Base
Bid Proposal and Alternates 1 and 2 for a cost not to exceed $24,275.
ACTION TO BE CONSIDERED ON THIS ITEM: To award the media consultant services
contract to Electronic Interiors Inc. to provide the Scope of Services as outlined in the
company's May 4 proposal, including the award of contract for the Base Bid Proposal and
Alternates 1 and 2 for a cost not to exceed $24,275.
/e
MEMO TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN
FROM: MIKE REARDON, CABLE COORDINATOR
DATE: MAY 10, 1994
SUBJECT: CITY OF EAGAN'S CONTRACT AWARD FOR MEDIA CONSULTANT SERVICES
Banc ,round
At the April 19 Council meeting, staff was authorized to solicit bid proposals
for the retention of audio, visual and acoustic (media) consultant services.
Staff sent RFP's to nine media consultants and published the legal notice for bid
proposal. The following is a list of the consultants that received the RFP:
• AVI Systems, Eden Prairie, MN
• Cibola, Santa Ana, CA
• Electronic Interiors, St. Paul, MN
• Jamieson & Associates & Inc., Minneapolis, MN
• National Tele Consultants, Glendale, CA
• Christopher Oace, St. Paul, MN
• Siegel Sklarek Diamond, Los Angeles, CA
• Swiderski Electronics Inc., Elk Grove Village, IL
• Todd Communications, Minneapolis, MN
The RFP's solicited a base bid proposal and two alternate proposals.
Base Bid Proposal - Encompasses the relocation of all existing media
equipment, as practical and feasible, to the new Council Chamber and would
include all the Scope of Services as outlined with the exception of Alternates
1 and 2.
Alternate 1 - Alternate 1 is an addition to the Base Proposal and would
include the necessary schematics, etc. to incorporate the retention of
equipment necessary to accommodate and provide the 2 -way communication of
overflow public meeting crowds to the new Council Chamber.
Alternate 2 - Alternate 2 builds on the Base Proposal and Alternate 1, and
modifies the existing Council Chamber for use as a studio area able to
accommodate tv production.
The City received two bids for media consultant services. They are:
Name Base Bid Alternate 1 Alternate 2 Total
Electronic Interiors Inc. $16,150 $2,050 $6,075
Jamieson & Associates Inc. $26,500 $2,350 $7,900
$24,275
$36,750
Staff interviewed both firms and was comfortable with retaining either of them.
Both have extensive experience dealing with municipal media design and are able
to offer the services requested.
1�
The Scope of Services will cover those services as outlined in the Council's
April 19 packet including the development of cost estimates for both the Base Bid
Proposal work and, if selected, Alternates 1 and/or 2.
Discussion
As both firms' bids are acceptable and should be assumed responsible, staff
recommends that the Council retain Electronic Interiors Inc. based primarily on
the savings the City would receive due to the lesser amount of the bids. Staff
is aware of the concerns the City has with Electronic Interiors, based on the
experience with them during 1992's Council Chamber media renovation, but believes
that Electronic Interiors has addressed the majority, if not all, of the problems
experienced with the firm. Electronic Interiors has retained Terry Fish, former
project manager for Todd Communications who has worked closely with both
Coordinator Reardon during the 1992 renovation. and Coordinator Foote in a
previous capacity. Both are confident in his abilities. Staff has informed
Electronic Interiors that Mr. Fish would have to serve as the project coordinator
for Electronic Interiors to be considered and they agreed.
In addition, staff also recommends the Council consider awarding a contract for
the Base Bid Proposal and Alternates 1 and 2. The benefit of proceeding in this
manner is that Council will have a complete information base from which to make
their decisions regarding the media and communications potential for both the new
Council Chambers and proposed community room including the estimated costs
associated with each. Selecting Alternatives 1 and 2 does not lock the City into
actual construction.
Action to be Considered
Staff recommends that the Council award the contract to Electronic Interiors Inc.
as its media consultant to provide the Scope of Services as outlined in their May
4 proposal including the award of contract for the Base Bid Proposal and
Alternates 1 and 2 for a cost not to exceed $24,275.
Cable"Coordi tor
MR/vad
a
Agenda Information Memo
May 18, 1994 City Council Meeting
CONT. 94-03. RECEIVE BIDS/AWARD CONTRACT
(BLACKHAWK ROAD & BLUE CROSS ROAD
F. Contract 94-03, Receive Bids/Award Contract (Blackhawk Road and Blue Cross
Road -Street Reconstruction and Trail Improvements)»On April 5, the City Council
approved the detailed plans for the reconstruction of Blackhawk Road from Deerwood
Drive to T.H. 13 (Project 665) and Blue Cross Road from Blackhawk Road to Yankee
Doodle Road (Project 646), ordered the solicitation for competitive bids and scheduled a
bid opening to be held on April 29. This bid opening was subsequently extended to May
13.
Enclosed on page is a summary tabulation of the bids received showing the
relationship of the low id to the estimate contained in the feasibility report presented at
the public hearing held on January 25, 1994. All bids will be reviewed for conformance to
the bid specifications and any deviations will be so noted prior to Council action. In
addition, the status of the easement acquisition and MnDOT State Aid approval will be
updated at the Council meeting.
On April 4, the City Council directed staff to review traffic control along Blackhawk Road.
Subsequently, a standard stop sign evaluation was performed for the intersection of
Blackhawk Road and Silverbell Road. This study involves four aspects identified with the
results as follows:
1. Accident Analys
Two accidents have been reported each year for 1991, 1992 and 1993 with no
accidents recorded to date in 1994. (MUTCD criteria requires a minimum of five
accidents per year)
2. Speed Study
A speed study was performed between 6:00 and 8:30 a.m. and 4:00 and 6:00 p.m. on
April 11-13. Of the 4,736 vehicles observed, 3,384 (71%) exceeded the 35 MPH
speed limit. The highest speed was 61 MPH, average speed was 37.3 MPH and the
85th percentile (used to set the speed limit) was 41 MPH. MnDOT performed two
different speed studies on 9/22/70 and 2/12/92 establishing the current 35 MPH
limit.
2t
Agenda Information Memo
May 18, 1994 City Council Meeting
3. Traffic Counts
Blackhawk Road north of Silver Bell -5,259 vehicles. Blackhawk Road south of
Silverbell-6,875 vehicles. Silver Bell Road west of Blackhawk Road -1,675 vehicles.
Based on this distribution of traffic volumes through this three-way intersection, all
way stop signs are not warranted according to the MUTCD.
4. ,dight Clearance
There is more than adequate stopping sight distance in all directions at this
intersection allowing safe entry into the intersection.
Based on the results of this analysis, none of the warrants for a three-way stop sign are met
according to the Manual on Uniform Traffic Control Devices (MUTCD).
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 94-03
(Blackhawk Road and Blue Cross Road -Street Reconstruction and Trail Improvements),
award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk
to execute all related documents.
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Agenda Information Memo
May 18, 1994 City Council Meeting
PROJECT #665, REVISE PENDING ASSESSMENT ROLL
(BLACKHAWK ROAD -ST. RECONSTRUCT & TRAIL IMPROVE.)
G. Project #665, Revise Pending Assessment Roll (Blackhawk Road -Street
Reconstruction and Trail Improvements) --When this project was approved as a result of the
public hearing process, the City Council directed staff to prepare appraisals on
representative sample properties within the project area to determine the estimated increase
in market value and related financial benefit resulting from this project. Two independent
certified appraisers were retained through the City Attorney's office to personally evaluate
10 representative properties of the 34 included under this project. As a result of this
appraisal process, it was recommended that the single family residential lot equivalent
assessment be reduced from $2,073 to $1,500 for that section of Blackhawk Road from
Deerwood. Drive to Silverbell Road where existing concrete curb and gutter is already in
place. The single family residential per lot equivalent assessment for Blackhawk Road from
Silverbell Road to T.Ve 13 was recommended to be reduced from $3,987 to $3,500.
Enclosed on page a S is a revised preliminary assessment roll reflecting this appraisal
process. It would be appropriate for the City Council to approve this revised assessment roll
and schedule the public hearing for this fall to present the final assessment roll.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of the
property appraisal process and authorize the revision of the pending assessment roll for
Project #665(Blackhawk Road -Street Reconstruction and Trail Improvements) to reflect the
maximum assessment for single family residential properties at $1,500/1.e. and $3,500/1.e.
(existing curb and gutter and new curb and gutter respectively) and schedule the final
assessment hearing to be held on October 4, 1994.
Revised 5-18-94
APPENDIX 8 - PRELIMINARY ASSESSMENT ROLL
BLACKHAWK ROAD - UTILITY AND STREET IMPROVEMENTS
(DEERW00D DRIVE TO HIGHWAY 13) CITY PROJECT NO. 665
Cost per Lot Equivalent I Non -Residential
Parcel Description
I No. Lot Bituminous Street I Assessable I Rate/F.F. I Total Assessment per
(Equivalents ( Reconstruction IFront Foot. I Lot/Parcel
I. DEERW00D DRIVE TO SILVER BELL ROAD
NE 1/4 Section 20 (Parcel 010-03)
Cedar Grove No. 6 (Lot 54-61 Block 6)
B lackhawk Oaks (Lot 1 Block 1)
II. SILVER BELL ROM TO NIGHWAY 13
SE 1/4 Section 17
Parcel 010-76
010-77
010-78
010-79
010-81
011-02
011-75
012-01 (Skyhill Park)
012-02
020-78
030-75
030-78
040-75
050-75
060-75
070-75
090-75
TOM VIEW FIRST ADDITION
Lot 1, Block 21 (106 units)
B LACKNAWK ACRES
Lot 1-5
Lot 6 (061-00)
BLUE CROSS ADDITION
Lot 3, Block 1
TOTAL
1
8
1
5
2
1
3
2
1
1
1
1
2
1
1
1
2
1
5
1
•
41
1500
1500
1500
3500
3500
3500
3500
3500
3500
3500
3500
3500
3500
3500
3500
3500
3500
3500
3500
3500
•
450
645
450
740
867.02(3)
567.02
552.94(4)
67.02
1500
12000
1500
17500
30159
7000
43228
3500
10500
7000
3500
3500
3500
3500
7000
3500
3500
3500
7000
3500
23823
17500
3500
69030
289740
t) Street Reconstruction Rate (See Appendix C) --
2) Concrete Curb Rate s 100% of Cost/Lot Equivalent in Appendix C
3) Rett/F.F. • Street Reconstruction Cost ($460,380) + New Concrete Crub (875,760) divided by total front foot (8,000)
between Silver Bell Road and Highway 3.
4) Rate/F.F. - $67.02/F.F. - Curb Credit (5112,610 divided by 8,000 F.F.)
Revised Based on Appraisals (See City Attorney's memo 4-28-94)
o? C
Agenda Information Memo
May 18, 1994 City Council Meeting
SPECIAL USE PERMIT/STARKS SALOON
11. Special Use Permit, topermit a pig roast on June 25, 1994, located at 3125 Dodd Road
in the NW 1/4 of Sec 12—Starks Saloon, located at 3125 Dodd Road, is again requesting a
special use permit to allowAtAne day pig roast on june 25, 1994. The staff report on this
item is enclosed on pages:Al through,„2/.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit
for Starks Saloon to permit a pig roast on June 25, 1994, subject to the staff recommended
conditions.
.24
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 10, 1994
APPLICANT: Gary Starks
PROPERTY OWNER Gary Starks
REQUEST: Special Use Permit
LOCATION: 3125 Dodd Road
COMPREHENSIVE PLAN: IND - Industrial
ZONING: I-1, Industrial
CASE #: 12 -SP -6-5-94
HEARING DATE: May 18, 1994
PREPARED BY: Shannon Tyree
,$UM1V1ARY OF REQUEST Starks Saloon is requesting a Special Use Permit to allow a one
day outdoor event at their restaurant site. The site is located at 3125 Dodd Road along the
west side of HWY 149 in the NW 1/4 of Section 12.
$ACKGROUND/HISTORYY Starks Saloon has been located in Eagan for approximately 20
years. The restaurant seats approximately 200 and there are approximately 158 parking
spaces to serve the facility.
REVIEW OF REQUEST; Starks Saloon is proposing a one day, June 25, 1994, outdoor pig
roast. The event would begin at noon and end at 1:00 am June 26, 1994. Included in the
one day event is a stage where bands will perform throughout the day. The pig roast, stage
as well as a beer wagon will be located completely within the fenced off area. Banquet
tables.will be available for seating.
The fenced off area will be located on the northerly front side of the building, and will take
up approximately 50 parking spaces. The rear portion of the building is available for
parking which will more than compensate for the 50 parking spaces removed for the event.
!►CYTON TO BE CONSIDERED
To approve or deny the one day event for Starks Saloon on June 25, 1994 from noon till
1:OOam. with the following conditions:
1. This permit is temporary and is valid from noon June 25, 1994 to 1:O0am on June 26,
1994.
2. The outdoor area shall be completely fenced, and access to the restaurant shall be gained
from within the fenced area.
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Agenda Information Memo
May 18, 1994 City Council Meeting
RESOLUTIONS/FINDINGS OF FACTS/
COMPREHENSIVE GUIDE PLAN AMENDMENT DENIALS
I. Resolutions and Findings of Facts, Denial of Comprehensive Guide Plan Amendments
for 9.6 acres located west of Crestridge Drive and east of I -35E in the southeast quarter of
Section 16/Good Value Homes; and 19.52 acres located south of Town Centre Drive and
east of Yankee Place in the northeast quarter of Section 15/Centex Homes --In official action
at the May 3, 1994 City Council meeting, the City Council denied comprehensive guide plan
amendments as requested by Good Value Homes and Centex Homes for the properties as
listed above. The Council directed the City Attorney's office to prepare resolutions and
findings of facts regarding both of these items and the resolutions and findings of facts be
scheduled for the May 18, 1994 Consent Agenda. At this time, the resolutions and findings
of facts are not completed. Therefore, it will be necessary to continue this item to the June
7, 1994 City. Council meeting. (If the resolutions and findings of facts are completed by the
time the Administrative Agenda packet is sent out, they will be included in that packet.)
ACTION TO BE CONSIDERED ON THIS ITEM: To continue the resolutions and findings
of facts, denial of comprehensive guide plan amendments for 9.6 acres located west of
Crestridge Drive and east of I -35E in the southeast quarter of Section 16/Good Value
Homes; and 1932 acres located south of Town Centre Drive and east of Yankee Place in
the northeast quarter of Section 15/Centex Homes to the June 7, 1994 City Council
meeting.
3�
Agenda Information Memo
May 18, 1994 City Council Meeting
CONTRACT 94-07. RECEIVE BIDS/AWARD CONTRACT
(PHASE I GRADING - PUBLIC SAFETY BUILDING EXPANSION)
J. Contract 9407, Receive Bids/Award Contract (Phase I Grading • Public Safety Building
Expansion) -Bids were received and opened for this contract Friday morning, May 13, 1994.
Further information regarding this item will be forwarded to the Council in the
Administrative Agenda on Monday.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 94-07,
(Phase I Grading - Public Safety Building Expansion), award the contract to the lowest
responsible bidder and authorize the Mayor and City Clerk to execute all related documents.
Agenda Information Memo
May 18, 1994 City Council Meeting
JJECEIVE PLANS/AUTHORIZE AD FOR BIDS
POLICE DEPARTMENT EXPANSION
K. Receive Plans & Specifications and Authorize Bids for Police Department Expansion --
The detailed plans and specifications for the Police Department expansion have been
completed and are being presented to the Council for their consideration of authorizing the
solicitation of competitive bids. The Council will review the plans at the Special City
Council meeting to be held on May 18, 1994.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications
for the Police Department expansion and authorize the advertisement for a bid opening to
be held at 2:00 p.m. on June 15, 1994.
Agenda Information Memo
May 18, 1994 City Council Meeting
DECLARE SURPLUS PROPERTY/PUBLIC AUCTION
L. Declare Surplus Property for June 4,1994, Public Auction—The City Council has set the
date of June 4 as the date of the annual City auction. Bicycles and other unclaimed
property at the Police Department must be declared surplus in order that they may be
included in the auction. Other departments have submitted lists of supplies and equipment
which also should be declared surplus. A complete list of items to be auctioned will be
available by Monday, May 16.
ACTION TO BE CONSIDERED ON THIS ITEM: To declare bicycles, unclaimed property
and miscellaneous City property to be surplus and authorize all surplus property to be sold
at the City auction, Saturday, June 4, at the Maintenance facility, 3501 Coachman Point.
AGREEMENT/PUBLIC SAFETY DISPATCH SERVICES
M. Continuation of Agreement between the City of Eagan and the City of Rosemount for
Public Safety Dispatch Services --The City of Eagan is currently operating under an
agreement whereby the City of Eagan provides public safety dispatch services for the City
of Rosemount. The Chief of Police is reco a ing the c tinuation of this agreement for
the 1995 calendar year. Enclosed on pages hroughIs a copy of a memo from the
Chief of Police concerning this item, includin a copy of the agreement.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the continuation of the
agreement between the City of Eagan and the City of Rosemount for public safety dispatch
services.
33
city of eagan
police department
PATRICK GEAGAN
Chief at Police
RICHARD SWANSON
Captain Arurtinstration & Investigation
JAMES SEWALD
Captain Patrol
3830 PILOT KNOB ROAD THOMAS EGAN
EAGAN. MINNESOTA 55122-1897 Mayor
PHONE (612) 681-4700
TDD: (612) 454.8535 PATRICIA AWADA
FAX: (612) 681-4738 SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
April 25, 1994
THOMAS HEDGES
CIN AtlminIstrotor
TO: TOM HEDGES, CITY ADMINISTRATOR E•J•vmN N CClakRBEKE
FROM: PATRICK J. GEAGAN, CHIEF OF POLICE
SUBJECT: AGREEMENT WITH ROSEMOUNT FOR PUBLIC SAFETY DISPATCH
SERVICES
In December, 1992, the cities of Eagan and Rosemount entered into
an agreement for dispatching services. This operation is running
smoothly for both cities.
The attached agreement will continue the services the Eagan Police
Department is offering the Rosemount Police and Fire Departments.
In calendar year 1994, Eagan realized a benefit of $2.75 per capita
for dispatching services from Rosemount. In calendar year 1995,
this amount will be $3.22 per capita.
Attached for Council review and approval is an Agreement with the
City of Rosemount for a Public Safety Dispatch Agreement.
Patrick J. Geagan
Chief of Police
Attachment
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Attirmativ Action Employer
PUBLIC.BAFETY DISPATCH AGREEMENT
THE CITY OF EAGAN AND THE CITY OF ROSEMOUNT
TRIS AGREEMENT is made and entered into this day of
1994, by and between THE CITY OF EAGAN, Dakota
County, Minnesota, (hereinafter "Eagan") and THE CITY OF ROSEMOUNT,
Dakota County, Minnesota, (hereinafter "Rosemount").
WITNESSETH:
WHEREAS, Eagan and Rosemount are authorized by Minn Stat.
3412.221 to establish, equip, and operate a police department to
protect and safeguard life and property and to furnish police
protection in each of the parties' respective municipality; and
WHEREAS, Eagan and Rosemount are authorized by Minn Stat.
3436.05 and §471.59 to enter into this Agreement for the furnishing
of police and fire dispatch services by Eagan on behalf of
Rosemount; and
WHEREAS, Rosemount has requested and Eagan has accepted the
provision of dispatch services, subject to the terms and conditions
contained herein; and
WHEREAS, police and fire dispatch services by the Eagan Police
Department on behalf of Rosemount are required in order that
emergency calls for police and fire services within Rosemount are
effectively received and dispatched to the appropriate Rosemount
public safety units; and
WHEREAS, Rosemount acknowledges the benefit to the operation
of the Rosemount Police and Fire Departments by the availability of
such dispatch services and determines it is in the best interest of
Rosemount and the public to provide compensation to Eagan for the
services referred to above.
NOW, THEREFORE, it is mutually agreed by Eagan and Rosemount
hereto as follows:
A. POLICE AND FIRE DISPATCH SERVICES
1. Eagan Public Safety Answering Point ("EPSAP") shall
dispatch Sunday through Saturday, 24 hours per day,
Rosemount police emergency calls to the appropriate
Rosemount police public safety units via radio or
shall relay emergency calls by telephone to
designated telephones when radio communications
cannot be obtained. Rosemount shall install
appropriate 9-1-1 telephone lines and radio
equipment into the EPSAP for the receiving and
3�
Public Safety Dispatch Agreement
Page 2
dispatching of emergency police calls as deemed
necessary by Rosemount and shall be solely
responsible for the costs incurred therefor.
2. Eagan shall dispatch, Sunday through Saturday, 24
hours per day, Rosemount fire emergency calls to
the extent that EPSAP shall answer emergency calls
and place the calls to the Rosemount Fire
Department but shall not undertake any fire vehicle
dispatching for Rosemount Fire Department.
Rosemount shall install appropriate 9-1-1 telephone
lines and radio equipment into the EPSAP for the
receiving and dispatching of emergency fire calls
as deemed necessary by Rosemount and shall be
solely responsible for any and all costs incurred
therefor.
3. Rosemount shall provide for and answer all its
police business office and non -emergency telephone
calls Monday through Friday during the hours of
7:00 a.m. to 7:00 p.m., excluding those days which
the City of Rosemount recognizes as holidays, and
shall not cause such telephone calls to be
transmitted to the EPSAP. EPSAP shall be
responsible for such calls during those days and
hours not designated above as Rosemount's
responsibility.
4. EPSAP personnel shall log all incoming police and
fire emergency calls and set forth the time, date,
event, public safety unit dispatched and name of
complainant, when available. Anaudio-tape of all
emergency calls shall be made and be made available
to Rosemount to monitor at a reasonable time at the
EPSAP. Tapes shall be kept on file for twenty-
eight (28) days and then erased, except that tapes
shall be kept on file for a longer period upon a
written request from Rosemount for a specific tape.
5. All dispatching services performed and furnished
under this Agreement shall be in accordance with
the EPSAP policies and procedures.
6. The acquisition of radio equipment by Rosemount
and, any modification thereto, shall be made at the
expense of Rosemount.
36
Public Safety Dispatch Agreement
Page 3
7. Any Eagan police or fire personnel acting under
this Agreement shall not by reason thereof be
classified as an employee of Rosemount.
B. COMPENSATION AND EXPENIr REIMBURSEMENT
1. Rosemount agrees to pay Eagan the following monies
as and for the police and fire dispatch services as
described in Paragraph A(1) herein:
a. For Calendar Year 1995:
1. $3.22 per capita as determined by the
official population estimate of the City
of Rosemount. This number will be
determined by projecting the estimated
number of persons .per household (3.1) and
multiplying by the number of building
permits issued since the 1993 population
estimate.
2. In January 1995, but no later than 30
days after receipt of invoice, Rosemount
shall remit to Eagan an amount equal to
$3.22 per capita as determined by the
official Rosemount population estimate.
At the end of the year, but no later than
30 days after receipt of invoice from
Eagan, Rosemount shall pay any difference
to the amount paid in January as
determined by the official population
estimate of Rosemount.
2. Rosemount shall reimburse Eagan for any
compensatory payments made by Eagan to its dispatch
personnel for court preparation or appearances as
witnesses for Rosemount police or fire dispatching
matters.
C. TERM AND REMOVAL
1. This Agreement shall become effective on January 1,
1995 and shall terminate on December 31, 1995.
2. In the event Rosemount terminates or otherwise
cancels this agreement prior to its termination
date, Rosemount shall, nevertheless, be bound by
the terms of payment under this Agreement and shall
not be entitled to reimbursement of any monies paid
under this Agreement.
37
Public Safety Dispatch Agreement
Page 4
D. =ABILITY
1. . Rosemount agrees to indemnify, defend and hold
Eagan harmless from any claims, demands, actions,
or causesof action arising out of any act or
omission on the part of Eagan or its agents,
servants or employees in the performance of or with
relation. to any of the work or services performed
or furnished by Eagan under this Agreement.
E. ALTERATION OR MODIFICATION OF AGREEMENT
1. Any alteration, variation, modification or waiver
of any provision of this Agreement shall be valid
only after it has been reduced to writing and duly
signed by both parties.
2. This Agreement shall constitute the entire
Agreement between the parties and shall supercede
all prior oral or written negotiations or
agreements relating to the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first written above.
APPROVED AS TO FORM: CITY OF EAGAN
Eagan City Attorney By: Thomas A. Egan
Dated: Its: Mayor
By: E. 3. VanOverbeke
Its: City Clerk
Public Safety Dispatch Agreement
Page 5
APPROVED AS TO FORM: CITY OF ROSEMOUNT
Rosemount City Attorney By: Ed McMenomy
Dated: Its: Mayor
By: Susan Walsh
Its: City Clerk
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
On this day of , 1994, before me a Notary
Public within and for said County, personally appeared THOMAS A.
EGAN and E. J. VanOVERBEKE to me personally known, who being each
by me duly sworn, each did say that they are respectively the Mayor
and. Clerk of the City of Eagan, the municipality named in the
foregoing instrument, and that the seal affixed on behalf of said
municipality by authority of its City Council and said Mayor and
Clerk acknowledged said instrument to be the free act and deed of
said municipality.
Notary Public
37
Public Safety Dispatch Agreement
Page 6
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
On this day of , 1994, before me a Notary
Public within and for said County, personally appeared ED McMENOMY
and SUSAN WALSH to me personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk
of the City of Rosemount, the municipality named in the foregoing
instrument, and that the seal affixed on behalf of said
municipality by authority of its City Council and said Mayor and
Clerk acknowledged said instrument to be the free act and deed of
said municipality.
Notary Public
Agenda Information Memo
May 18, 1994, City Council Meeting
CHANGE ORDER #2
RAWTHORNE WOODS DR - SIDEWALK
N. City Contract No. 93-12 (Hawthorne Woods Drive Sidewalk) - Contract Change
Order #2—The original scope of Contract 93-12 provided for the construction of concrete
sidewalk in the Hawthorne Woods 1st & 2nd Additions. A 6 -foot wide concrete sidewalk
was proposed for the southerly and easterly side of Hawthorne Woods Drive from
Hackniore Drive to Diffley Road. The contract completion date for the Hawthorne Woods
Drive sidewalk was designated at November 30, 1993.
Contract Change Order #1 to City Contract 93-12 added 1300 linear feet of 6 -foot wide
sidewalk along the north side of Crimson Leaf Trail from Hackmore Drive to Dodd Road
in the Autumn Ridge Addition and the proposed Autumn Ridge 4th Addition. At the time
of the approval of Change Order #1, it was not anticipated that the November 3, 1993
contract completion date would need to be extended. As a result of the developer's inability
to complete the extension of Crimson Leaf Trail through the Autumn Ridge 4th Addition
and the associated boulevard restoration necessary for the construction of the proposed
sidewalk during the 1993 construction season, the November 30, 1993 completion date as
specified in the contract documents for Contract 93-12 was unable to be met.
M a result, contract Change Order #2 extends the original contract completion date from
November 30, 1993, to June 30, 1994. This Change Order does not involve any additions
or deletions to the contract unit prices for the construction of the sidewalk.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve contract Change Order #2
to City Contract 93-12 (Hawthorne Woods Drive Sidewalk Construction) and authorize the
execution of the appropriate documentation.
Agenda Information Memo
May 18, 1994, City Council Meeting
P
CEDARVALE AREA - STREET RECONSTRUCTION
A. Project 667, Cedarvale Area - Street Reconstruction-- On March 15, 1994, the City
Council held a public hearing to consider the reconstruction of Cedarvale Drive from Rahn
Road to the Cedarvale Shopping Center complex. At that time, Mr. Mark Parranto,
designated representative of several property owners, requested the City Council to allow
this improvement to be done privately by the property owners. Mr. Parranto was to
coordinate the consensus of all affected property owners, research and pursue the
appropriate/required cross easements and present this information to the City Council at
the continued public hearing on May 16 (dates eventually solfanged to May 18 due to
school board elections). Enclosed on pages through %f is a copy of the minutes
from the March 15 public hearing. In regards o winter maintenance, this particular street
is on the City's snow removal schedule. However, many times it has already been plowed
by the Cedarvale parking lot operations by the time the City snowplow is in this area. If it
has not been plowed, the City has performed this snow and ice control operations.
Also enclosed on page , is a letter sent to all property o informing th of this
continued public hearing for rediscussion. Enclosed on pages through is a copy
of the feasibility report that was originally presented on March 15. The lic Works
Director will be available to respond to any questions that may come up.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve/deny Project 667 (Cedarvale Drive - Street Reconstruction) and, if approved,
authorize the preparation of detailed plans and specifications and easement acquisitions.
If denied, direction should be given to City staff as to the level of nonassessable
improvements and appropriate response to citizen complaints.
0007?
PAGE S/EAGAN CITY COUNCIL
MARCH 15,1994
Mayor Egan introduced this hem as Project 638, Yankee Doodle Road, Lexington Avenue to TH149,
(Upgrade). The City Administrator noted that an issue recently arose alerting staff to a technicality in the legal
notice which did not include street improvements andonly recognized storm sewer. He further explained that
Director of Public Works Colbert and the City Attorney have discussed the issue with the City Administrator.
City Administrator Hedges stated on the basis of legal counsel, the Project 638 bearing could not proceed until
proper notification could occur, otherwise it would be an invalid process if the Council moved ahead.
city Attorney Sheldon made remarks on the strict standards regarding proper notice of assessments and
reiterated that upon review of the street reconstruction notice there appeared to be a street notification left out
inadvertently and there may be some issue of understated cost. He suggested that the City Council reauthorize
the Public Hearing for April 5, 1994 if, in fact, the publication could be made on Wednesday, March 16, 1994,
or if this publication could not be met, the following City Council meeting. City Attorney Sheldon added that
staff is unhappy about this matter but be felt it is the best advice under the circumstances.
Mayor Egan restated his displeasure with the matter, but concluded that the attorney's recommendations
must be followed. He requested a show of hands of how many present in the audience were for Public Hearing
638, and expressed the Council's feelings that the incident was terribly unfortunate.
Wachter moved, Awada seconded a motion to deny Project 638 as noticed and to renotice the Public
Hearing as required. Aye: 5 Nay. 0
PROJECT 667, Cedarvale Drive
Mayor Egan introduced this item as Project 637, Cedarvale Drive (Reconstruction). Following brief
remarks from City Administrator Hedges and Director of Public Works Colbert, Leonard C. Newquist,
Consultant of Short Elliot Hendrickson Incorporated, described details associated with the project. Mr. Newquist
explained the project is an improvement to Cedarvale Drive that extends approximately 380 feet from Rahn Road
into the parking lot of the Cedarvale Shopping Center. He added that four petitions were received and each one
of those petitions requested that Cedarvale Drive be improved and supported the estimated cost for adding curbs
along the Cedarvale Professional building side of the drive along with the resurfacing of the parking lots for the
Cedarvale professional Building.
Mr. Newquist stated the feasibility report included the improvements to Cedarvale Drive, the estimated
eon, and the assessments, but did not include any work on private property, which would be involved in the
parking lot work. In dosing. Mr. Newquist discussed the details of the project, and that the proposed
dents to the three property groups; one to the southerly side of Cedarvale Drive, one to the northerly side
of Cedarvale Drive, and the shopping center benefitting from this driveway, be equal or 1/3 of the total cost of
556,280. In addition, be recommended that the southerly side of the Cedarvale Drive side office. complex share
equally in the assessment, with their share being 1/8, or a total of 518.760, of the total cost of 556,280. He
concluded with the project schedule, stating that if the project went ahead as planned it would be a 1995
construction project, placed within a larger project in order to achieve better prices on the bids, and would be
assessed in 1996.
Mayor Egan questioned whether this project could be grouped with any other projects. Mr. Newquist
responded he was not aware of any other projects that it could be grouped with. He added that in discussions
with city staff, the grouping of Project 667 with the Silver Bell Intersection project. This appeared to be the most
appropriate grouping, since they were within a block or two of each other.
Councihmember Hunter questioned why the indirect costs were estimated at 45%, when it is usually 35%.
Mr Newquist responded that it was an estimate and that it was higher because of the small cost of the
'4 3
00073
PAGE 6/EAGAN CITY COUNCIL
MARCH 1.5, 1994
improvement involved. Counciimember Hunter then asked if the project was grouped with a larger project
would the indirect costs decrease to the typical 35%. Mr. Newquist responded that it could happen.
Councilmember Wachter asked how many trees would be impacted. Mr. Newquist stated it is believed
there would be one pine tree, located on the southerly side, outside of the roadway. He added this tree was
included in the cost of the project. Counciimember Wachter questioned whether it was possible to transplant
it. Mr. Newquist responded he thought it was too large. Councilmember Wachter stated he would like to see
an investigation of whether the tree could indeed be transplanted.
Councilmember Wachter questioned if any manholes exited within the project. Mr. Newquist answered
there were none, and there were no plans to Locate the utilities in the public right-of-way. Mayor Egan then
opened the hearing to public comment.
Mark Parranto, 4537 Lake Park Drive, one of the owners of the office complex, expressed concern on
behalf of himself and other owners, over the cost estimation of $125 per foot for driveway expenses. He disputed
the assumption of 600 cars per. day traveling onto the driveway. The owners of the office group and Cedarvale
Shopping Center have agreed they would rather undertake the project themselves. He added that presently the
City does not plow snow for the driveway area, instead the shopping center takes are of the snow removal, and
the City has been repairing potholes that have developed in the last 3-4 years. The owners, he expressed, would
like this project held off for a while, during which time the shopping center owners would speak to the only
=represented owner, Firststar Bank, to see if the project could be worked out amongst the owners. He added
the miners would propose to fix the street and the parking lots that require maintenance for less money right
now, rather than wait until 1995.
- Mayor Egan questioned whether anyone had spoken to the Firststar Bank. Mr Parranto responded that
they have tried unsuccessfully to contact people from the bank.
Gregg Larson of the Cedarvale Shopping Center expressed support for Mark Parranto's request. In
particular, he stated, that Cedarvale Shopping Center management is concerned with the project not being done
until late 1995, when the area needs the work to be addressed now.
Mayer Egan asked for specifics on what the owners proposed to do for the street parking lots. Mark
Parramo replied that the area was not a city street until the early 1980's, when the city received the area by
default along with a lengthy series of easements which ran all over the area. He added although there were no
formal plans, the owners proposed to cut and patch where bad material exists, fix the grade so ponding water
on the entrance to the driveway adjacent to Rahn Road would be alleviated, remove the remaining railroad ties
and replace with curbing, and resurface portions of the parking lots with a standard two-inch wearcourse.
Couacilmember Awada questioned why the area became a public street if it originally was a driveway
or private street. Director of Public Works Colbert responded that Cedarvale Drive was originally platted as
public right-of-way, in approximately 1969, and has been city public right-of-way since the date of the plat. He
added be believed the City had always possessed the easement, since it was originally dedicated by the Slater
Family as a part of the Cedarvale Mall development dating back 25-35 years.
Mayor Egan questioned Director of Public Works Colbert about Mr. Parranto's assertion that the City
is not removing snow for the drive area. Director of Public works Colbert responded he did not research that
particular question, but had asked whether the City maintained the particular section of roadway and the
response was yes. He added he was aware that the City had been patching the area and had installed traffic
control stop signs to the entrance of Cedarvale Mall.
4Lf
00073
PAGE 7/EAGAN CITY COUNCIL
MARCH 15,1994
Councilmember Hunter noted that on page 92 of the feasibility report the issues of relinquishing the
public right-of-way had been outlined by staff. Staff had researched Mr. Parranto's proposal and deemed it
impractical because vacation of public right-of-way would create land -locked legally platted parcels of property
located along Beau De Rue Drive. Director of Public Works Colbert provided some background and stated that,
if all property owners were willing toprovide each other with cross easements in order to provide access, Mr.
Parranto'a proposal to vacate the public right-of-way would be an option to consider.
Mr. Parranto responded that such cross easement documentation exists in the office complex, providing
every owner in the complex the right to walk up and down the boardwalk on an easement and the right to park
in either parking lot, regardless of who owns it. Councilmember Hunter noted that the documentation would
have to be expanded to include access specifically to the private driveway.
Director of Public Works Colbert noted that another concern that would require research would be if
the area is vacated, would it also revert to the Slater Family, similar to other frontage road cases, or the office
park owaen.
Following City Council discussion, Councilmember Awada stated she was willing to let this area legally
become the driveway it has served as and allow the people to do as such, providing that the owners could get
the easements, and if the Council felt comfortable that the area will be truly reconstructed.
Mayor Egan noted several areas of research to be investigatedincluding whether or not the City has
been maintaining and snow plowing the area, what legal documents the office park ownership currently possesses,
whether that agreement is sufficient to include cross -easements, and whether all parties are in agreement to the
proposal.
Councimember Awada made a motion to continue Project 667 (Cedarvale Drive-Reconstruction)until
the May 16, 1994 City Council meeting. At that time, she noted, the Council will reconsider the project hoping
that Mr. Parranto will return with all the necessary documentation for cross -easements, and an agreement to take
care of the parking lot in the future. Councilmember Hunter seconded the motion. Aye: 5 Nay:O
There were no Old Business Items.
Pees
SPECIAL USE PERMIT/CUB FOODS
Mayor Egan introduced this item as a Special Use Permit for Cub Foods to allow a temporary greenhouse
on Lot 1, Block 1, Cliff Lake Center in the Southwest quarter of Section 29. City Administrator Hedges provided
introductory comments.
Director of Community Development Reichert explained the Special Use Permit request and location.
She noted that Cub Foods has applied for this Special Use Permit several times in the past and has been
approved, except for in 1990. She explained that if this was to be approved it would be a temporary permit to
expire June 12,1994 and that Cub Foods would need a building permit.
city of acigcin
May 11, 1994
THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
Re: Project 667, Cedarvale Drive - Street Reconstruction ON Administrator
May 18 Public Hearing, 7:00 P.M. (Continued from March 15 PublicVAN OVERBEKE
Hearing) City Clerk
Dear Business/Property Owner:
On March 15, the City Council considered the reconstruction of Cedarvale Drive from
Rahn Road to the Cedarvale Shopping Center parking lot. All of you were sent notices
regarding that public hearing. At that t time, Mr. Mark Parranto spoke on behalf of many
of you to request the City Council to consider this improvement to be done privately
rather than by the City of Eagan. This public hearing was continued to the second
meeting In May (May 18) to allow Mr. Parranto an opportunity to have all property owners
enter into a construction agreement and related cross easements allowing this portion of
public street to be vacated. It is anticipated the status of this process will be addressed
at the continued public hearing on May 18. If the project is approved for City installation,
It can be completed yet this year with construction occurring from approximately the
middle of July to the middle of August.
The City Council would appreciate your input regarding the disposition of this much
needed improvement, either personally or through a designated spoke person. We look
forward to hearing from you prior to or at this continued public hearing on May 18 at 7:00
p.m.
•m.-AC•b E.
Director of Public Works
TAC/I
t
cc: Mayor and City Council
Thomas L. Hedges, City Administrator
Mike Foertsch, Assistant City Engineer
Gary Morgan, President, Northern Dakota County Chamber
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN. MINNESOTA 55122.1897
PHONE: (612)681.4600
FAX (612) 681.4612
TDD: (612) 454.8535
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
(.2
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN. MINNESOTA 55122
PHONE: (612) 681.4300
FAX: (612)681.4360
TDD: (612) 454-0535
Reconstruction of Cedarvale Drive
city of aagan
City Project No. 667
SEH No. A-EAGAN9406.00
February 1, 1994
Reconstruction
of
Cedarvale Drive
for the
City of Eagan
Eagan
Minnesota
City Project No. 667
SEH No. A-EAGAN9406.00
February 1, 1994
I hereby certify that this report was prepared by me or under my
direct supervision, and that I am a duly Registered Engineer under
the laws of the State of
ate: Febru
Reviewed by:
Reg. No. 9402
Reviewed by:
Public Works Department 1 = to
Finance Department
Short Elliott Hendrickson Inc.
3535 Vadnais Center Drive
St. Paul, Minnesota 55110
(612) 490-2000
Date
.111195a1
ANEW
February 1,1994
3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612 490-2000 800 325-2055
ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION
RE: Eagan, Minnesota
Cedarvale Drive Reconstruction
City Project No. 667
SEH No. A-EAGAN9406.00
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55121
Atte Thomas Colbert, Director of Public Works
Attached is our report for the reconstruction of Cedarvale Drive from Rahn Road southwesterly
approximately 380 feet. This report discusses existing conditions, proposed improvements,
estimated costs and proposed assessments.
We will be pleased to meet with you at your convenience to discuss this report.
Si
Leonard C. Newq
nn
Attachment
SHORT ELLIOTT
HENDRICKSON INC. MINNEAPOLIS, MN ST C DU M CHIPPEWA FALLS, WI
MADISON. WI
Table of Contents
Certification Page
Letter of Transmittal
Table of Contents
Page
Scope 1
Feasibility and Recommendations 2
Project Discussion 2
Existing Conditions 2
Proposed Improvements 3
Easements 4
Permits 4
Cost Estimates 4
Assessments 4
Revenue Source 5
Project Schedule 5
List of Appendices
Appendix A
Preliminary Cost Estimates
Appendix B
Preliminary Assessment Roll
Appendix C
Figure 1 - Location Map
Figure 2 - Typical Section
Figure 3 - Proposed Improvements
Figure 4 - Assessed Properties, Cedarvale Office Park
Cedarvale Drive Reconstruction A-EAGAN9406.00
City of Eagan, Minnesota Page i
Sb
February 1, 1994
Reconstruction of
Cedarvale Drive
Eagan, Minnesota
Scope
Cedarvale Drive is located in the Northeast Quarter, Section 19,
Township 27, Range 23 and extends from Rahn Road
southwesterly 380 feet where it terminates in the northerly parking
lot of Cedarvale Shopping Center. The location of this project is
shown on Figure No. 1
The City of Eagan received four petitions for this work. All
petitions requested the following:
1. Street improvements to Cedarvale Drive from Rahn Road to the
southwest.
2. Estimated costs of:
a. Adding curbs along the Cedarvale Professional Building
side of Cedarvale Drive and parking lots.
b. Resurfacing the parking lots at Cedarvale Professional
Buildings at the same time that Cedarvale Drive is
resurfaced.
This report covers the improvements to Cedarvale Drive and
includes estimated costs and assessment to benefitted properties.
Estimated costs to improvements on private property are not
included in this report.
Cedarvale Drive Reconstruction A-EAGAN9406.00
City of Eagan, Minnesota Page 1
Cedarvale Drive serves properties on both the southerly and
northerly sides of the street as well as the Cedarvale Shopping
Center. This public roadway is one of the entrances to the
Cedarvale Shopping Center.
Feasibility and Recommendations
The project is feasible from an engineering standpoint. We
recommend that if this project proceeds to the construction phase,
that it be combined with the Cedarvale Access Improvement, City
Project No. 656, scheduled for construction in 1995.
Project Discussion
As stated previously, this report proposes the reconstruction of
Cedarvale Drive from Rahn Road southwesterly approximately 380
feet.
Existing Conditions
Cedarvale Drive is a bituminous surfaced roadway ranging in
width from 18 feet to 24 feet. Randomly placed timber curbing
exists on the southerly side of the roadway and is located adjacent
to approximately 2 feet away from the edge of the bituminous
surface. Concrete curb exists on the northerly side of the roadway
for approximately 30 feet between a parking lot driveway entrance
and the exit drive from the abandoned driveup banking teller
facility. The bituminous surface is in fair to poor condition. The
bituminous mat has transverse and longitudinal cracks. The
rounded corners at the mat surface indicate that the cracks have
been in existence for a long time. Secondary cracking adjacent to
the wider cracks indicate surface water infiltration that has
weakened the subbase causing further roadway deterioration.
Extensive roadway failure has taken place at the entrance to the
parking lot that is located on the southerly side of Cedarvale Drive
and adjacent to Rahn Road. Storm water ponding is the cause of
this roadway failure.
There are no storm sewer facilities located within or near the
Cedarvale Drive right-of-way. The roadway surface slopes
downward in a southwesterly direction and the adjacent ground
surface slopes downward in a northwesterly direction transporting
the storm water across private property toward the drainage ditch
adjacent to Cedarvale Boulevard. Field surveys show that
Cedarvale Drive has a flat grade from Rahn Road to a point
Cedarvale Drive Reconstruction A-EAGAN9406.00
City of Eagan, Minnesota Page 2
approximately 180 feet southwesterly of Rahn Road and a 0.50%
grade down to the Cedarvale Shopping Center parking lot. The
condition of Cedarvale Drive near Rahn Road reflects the poor
drainage condition that causes storm water ponding.
The existing right-of-way of Cedarvale Drive is 24 feet wide for its
entire length. There are no public utilities located within the
Cedarvale Drive right-of-way. Pine trees line the roadway giving
the roadway a pleasing aesthetic quality.
Proposed Improvements
The proposal is to reconstruct Cedarvale Drive for its entire 380
foot length. The reconstruction provides the opportunity to set
roadway grades to improve surface storm water drainage.
Concrete curb and gutter (8-618) is proposed to be installed on
both sides of the roadway. There are no public utilities, sanitary
sewer or water main proposed to be installed within the road
right-of-way as all adjacent properties are presently served by
these facilities.
The roadway width proposed is 22 feet which gives a 1 -foot
boulevard between the face of curb and property line. The
roadway section proposed is 3 inches of bituminous and 6.5 inches
of Class 5 aggregate base. The roadway section is a 20 -year, l0 -ton
design based on an estimated present ADT of 600 and an
estimated R -value of 20 for the underlying soil. The roadway
section is shown on Figure No. 2. The roadway centerline grade
is proposed to be constructed with a high point located
approximately 180 feet southwesterly of Rahn Road. The roadway
at its westerly end will match the elevations of the Cedarvale
Shopping Center parking lot. A swale is proposed to cross the
roadway approximately 30 feet westerly of Rahn Road that will
discharge storm water into an existing drainage swale adjacent to
Rahn Road. A 3 -foot wide concrete valley gutter is proposed to be
constructed at the westerly gutter of Rahn Road to convey storm
water across the Cedarvale Drive intersection. The roadway
grades as proposed will reduce the amount of storm water
discharged into the Cedarvale Shopping Center parking lot and
improve drainage on that portion of Cedarvale Drive adjacent to
Rahn Road where ponding now takes place. Restoration proposed
adjacent to Cedarvale Drive is topsoil and sod on the northerly
side of the road and placement of river rock similar to the rock
that exists on the southerly side. The proposed improvements are
shown on Figure No. 3. The driveways shown on Figure No. 3 are
Cedarvale Drive Reconstruction A-EAGAN9406.00
City of Eagan, Minnesota Page 3
S,
proposed to remain unless the property owners decide to relocate
or close their access points.
Easements
Two triangular-shaped permanent easements (12 feet by 5 feet) will
be required; one on the northerly side and one on the southerly
side of Cedarvale Drive at the intersection of Rahn Road. Also, a
permanent easement is needed approximately 5 feet by 100 feet for
drainage near Rahn Road. In addition, 10 -foot wide temporary
easements for grading purposes are needed adjacent to the road
right-of-way over the properties both to the north and south of the
roadway. The easement areas are estimated to be 560 square feet
of permanent and 7,400 square feet of temporary. The cost for
both permanent and temporary easements is estimated to be
$12,780.
Permits
There are no known permits needed for this project.
Cost Estimates
A detailed cost estimate is located in Appendix A of this report.
The cost for reconstruction of Cedarvale Drive as detailed
previously in this report is estimated to be $43,500.00. The
estimated project cost includes contingencies and indirect costs.
Indirect costs are estimated at 45% and include legal, engineering
and administrative costs. Easement costs are estimated to be
$12,780. The total project cost is estimated to be $56,280.
Assessments
Assessments will be based on final construction costs plus related
indirect expenses, estimated to be 45% of the construction cost and
all costs associated with easement and right-of-way acquisition in
accordance with the cities special assessment policy. The
assessments will be spread over a fifteen (15) year period with the
interest rate determined by the results of the bond sale.
Cedarvale Drive Reconstruction A-EAGAN9406.00
City of Eagan, Minnesota
S11
Page 4
There are three property areas that benefit from this improvement:
the Cedarvale Shopping Center, and both property groups located
on the northerly and southerly sides of Cedarvale Drive. This
report recommends that each of the property groups participate
equally in the cost of this project. The assessment being one-third
of the total project cost for each area. The Cedarvale Office Park
located southerly of Cedarvale Drive is made up of parcels that
have buildings or parking lots or are undeveloped. This report
recommends that the Cedarvale Office Park parcels with buildings
be the only parcels in the Park to be assessed. There are six
buildings in the Cedarvale Office Park. Two of the buildings are
double units with each unit having separate property identification
numbers marking a total of eight building units. The assessment
to the parcels in the Office Park is based on the number of
buildings on the parcel and one-eighth of the Cedarvale Office
Park assessment. The assessed parcels in the Cedarvale Office
Park are shown on Figure No. 4.
Revenue Source
All of the costs for roadway construction including easement costs
are proposed to be 100% assessed in accordance with current City
policy.
Project Schedule
Present Report to Council February 15, 1994
Public Information Meeting March 8,1994
Hearing March 15, 1994
Approve Plans and Specifications 1995
Award Construction Contract 1995
Begin Construction 1995
Complete Construction 1995
Assessment Hearing 1996
Cedarvale Drive Reconstruction A-EAGAN9406.00
City of Eagan, Minnesota Page 5
SC
Appendix A
Preliminary Cost Estimates
Cedarvale Drive
City Project 667
5�
Preliminary Cost Estimates
Project No. 667
Cedarvale Drive Reconstruction
Description
Unit
Est. Qty.
Unit price
Amount
Mobilization
L.S.
1
$1,200.00
$ 1,300.00
Remove Concrete Curb
L.F.
130
4.00
520.00
Clear and Grub Trees
Each
1
300.00
300.00
Common Excavation
C.Y.
860
7.00
6,020.00
Aggregate Base, Class 5
Ton
390
8.00
3,120.00
Type 41 Wearing Course
Ton
170
30.00
5,100.00
Tack Coat
Gal.
30
2.50
75.00
Concrete Curb & Gutter (Design B-618)
L.F.
800
7.50
6,000.00
Concrete Curb & Gutter (Design B-6)
L.F.
50
8.00
400.00
3' Concrete Valley Gutter
L.F.
60
15.00
900.00
4" Concrete Sidewalk
S.F.
40
3.00
120.00
River Rock
Ton
120
10.00
1,200.00
Topsoil
C.Y.
70
11.00
770.00
Sod
S.Y.
375
4.00
1,500.00
Subtotal
$27,325.00
10% Contingencies
2,733.00
Estimated Construction Cost
$30,058.00
45% Legal, Administrative, Engineering and Bond Interest
13,442.00
TOTAL ESTIMATED COST
$43,500.00
Cedarvale Drive Reconstruction
City of Eagan, Minnesota
A-EAGAN9406.00
Page 1
Appendix B
Preliminary Assessment Roll
Cedarvale Drive
City Project 667
Preliminary Assessment Roll
Project No. 667
Cedarvale Drive Reconstruction
Property 1. D. No.
Cedarvale Shopping Center
10-01900-051-06
Bank Property
10-01900-101-06
Amount
$18,760
18,760
Cedarvale Office Park
10-01900-071-06 2,345
10-01900-072-06 2,345
10-01900-073-06 2,345
10-01900-074-06 2,345
10-16850-031-01 2,345
10-16850-122-01 2,345
10-16850-123-01 2,345
10-16850-081-01 2,345
Total Amount $56,280
Cedarvale Drive Reconstruction A-EAGAN9406.00
City of Eagan, Minnesota Page 1
Appendix C
Figures
Cedarvale Drive
City Project 667
PROJECT LOCATION
LA
T R Y
LA.
KYLLO
IVERT
CARNELIAN
PROJ. NO. 667
DARVALE DRIVE A_EFILE NO.
AGAN 9406.00
AGAN, MINNESOTA FIGURE NO.
LOCATION MAP 1
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EDARVALE DRIVE
EAGAN, MINNESOTA
TYPICAL SECTION
PROJ. NO. 667
FILE NO.
A-EAGAN 9406.00
FIGURE NO.
2
RAHN ROAD
VALLEY GUTTER
— CONCRETE WALK
EXISTING
SWALE
DRIVE
DRIVE
1
1
22'
DRIVE
PERMANENT EASEMENTS
I
DRIVE
a
CEDARVALE PARKING LOT
LEGEND
DRAINAGE
DIRECTION
OC ARVALE DRIVE
ALAN, MINNESOTA
OPOSEDIMPROVEMENTS
CEDARVALE OFFICE PARK
PROJ. NO. 667
FILE NO.
A-EAGAN 9406.00
FIGURE NO.
3
A
N
LEGEND
EXISTING BUILDINGS
ON CEDARVALE
OFFICE PARK.
000 PARCELS PROPOSED
TO BE ASSESSED.
EDARVALE DRIVE
EAGAN, MINNESOTA
ABLE PROPERTIES CEDARVALE OFFICE PARK
PROJ. NO. 667
FILE NO.
A-EAGAN 9406.00
FIGURE NO.
4
KEMORANDUM
TO: Tom Hedges, City Administrator
FROII: City Attorney's Office
DATE: May 11, 1993
RE: Application for Rezoning by Marell, Inc. - Proposed Plat
Of Lone Oak Forest
Our File No. 206-12220
At its regular scheduled meeting of April 19, 1994, the Eagan City
Council directed our office to advise them regarding the concept of
"investment -backed expectations" and whether the Council's acceptance
of the staff's and Advisory Planning Commission's recommendations are
legally supportable.
Analysis of zoning decisions begins with two basic principles:
1. A zoning decision should not be disturbed if a city gives
legally sufficient reasons and the reasons are grounded in
fact.
2. Generally, a property owner has no vested right to a zoning
designation.
ARBITRARY & CAPRICIOUS
The first principle has been consistently applied as a rule of law by
the Minnesota Courts and bas been interpreted to mean that a court
should not interfere with a municipal zoning decision that has a
rational basis or is reasonably debateable. The test involves a
determination of whether the reasons assigned by the City Council
have the slightest validity or bearing on the welfare of the area in
which a subject parcel is located.
The stated reason(s) by the City Council in a zoning decision must be
reasonably related to the health, safety and welfare of the area.
Does single-family development have -a negative impact upon the
health, safety and welfare of the City and particularly the Lone
Oak/Highway 55 vicinity? To uphold a finding that it does, the
reasons given must be grounded in fact, that is, :they must be more
than speculative or the whim of a Councilmember.
4'(
(EXAMPLE: Court upholding a denial of rezoning from single-family to
multiple due to traffic concerns. Facts presented for the record -
citizens complaint about additional traffic on a road with
preexisting problems;'a traffic engineering report identifying safety
concerns- in the area and the City Council noting the lack of a
complete roadway network).
The March 10, 1994, Planning Report for the rezoning of the proposed
Lone Oak Forest Addition -and the Advisory Planning Commission minutes
and the April 19, 1994, Council minutes reveal concerns about
rezoning the property to single-family residential. The noted
concerns are: (i) the suitabilityof single-family dwellings on lots
averaging one-third acre in size in an area with scattered housing on
significantly larger lots, with corporate offices to the North and
West; (ii) the effect pf aircraft noise, present and future, upon a
residential development;4 (iii). the lack of neighborhood parks in
the area to service a residential development; and (iv) the concern
of accesses to the property from Highway 55 and Lone Oak Road. There
is ample evidence in the files, reports and public hearings to
support the concerns being discussed by the City Council. A final
decision on the rezoning should include findings as to how the
existing conditions, in light of the requested rezoning, support the
Council's decision. If the Council should deny the rezoning request,
its decision will be upheld if at least one of the reasons given for
denial satisfies the rational basis test.
The question arises as to what effect the. Comprehensive Guide Plan
Land Use designation has upon the deliberations by the City Council
when the requested rezoning is consistent with the designation of
D -II. In a case involving the City of Eagan decided in 1984, the
court found that a refusal to zone in accordance with the
Comprehensive Guide Plan is evidence that the City is acting in an
arbitrary. manner. Recently, the Minnesota Court of Appeals revisited
this very issue as it relates to a matter which arose in the City of
Mendota Heights. The Court of Appeals rejected the argument that a
zoning decision is arbitrary simply because it conflicts with the
designated use for the property found in the City's Comprehensive
Guide Plan.
The Court noted that a municipality should not adopt a zoning that
conflicts with its Comprehensive Pian. Furthermore, if a conflict
between the zoning ordinance and Comprehensive Plan arises because of
fan amendment to the Plan, the ordinance should be amended.
Ntonetheless, a Comprehensive Plan*s designation of land uses is
advisory and does not unalterably bind a city. A discrepancy between
see SN
1St* April 21, 1994, Hohenstein Memorandum
a zoning ordinance and a comprehensive plan does not affect the
presumption that a municipal ,zoning decision is valid. Rather, a
refusal to zone in accordance with the Comprehensive Plan is merely
eyidence that the City's action was arbitrary. In the Mendota Heights
case, the Court found that in view of the legitimacy of and the
factual support for the reasons given for the zoning decision, the
City's denial of the rezoning request was not irrational or
arbitrary.
Should the City Council determine that an R-1 zoning district is
inappropriate for this property, as a safeguard, the Council should
review the 1 -II Comprehensive Guide classification for the property,
as well as the 105 -acre triangular area which this parcel is a part.
A review of the Comprehensive Guide Land Use Plan may also include a
review of the present zoning for the 105 acres. While this area was
studied in both 1988, and 1990, it would be beneficial to the City
and the landowners to put a long-term policy into effect for the
area.
INVESTMENT -BACKED EXPECTATIONS
The second principle set out above is most often applied by a court
in analyzing whether a governmental regulation (including a zoning
decision) amounts to an unconstitutional taking without just
compensation.
The Fifth Amaa_.dment to the United States Constitution and Article 1,
Section 13 of the Minnesota Constitution prohibit the taking of
private 'property for public use- without compensation. Until the
1920''c, a taking was solely applied to physical appropriations of
property. Thereafter, the United States Supreme Court recognized that
regulations on the use of property would also be considered takings
if they go "too far". There is no specific definition by formula or
rule ofwhat is considered "too faro. Judicial determinations have
relied on ad boc factual inquiries and case specific weighing of the
competing public and private interests.
The United States Supreme Court has identified. factors to guide
courts in ad hoc factual determinations. These factors include:
1. The economic impact of the regulation on the claimant;
2. The extent to which the regulation has interfered with
distinct investment backed expectations; and
3. The character of the government regulation.
What are investment -backed expectations?
The leading case on this matter is perinsylvanik Coal decided in 1922.
There the claimant, after eurchasin a large tract of land, sold
parcels.to saVeral owners but expressly reserved the right to remove
the copl; thereunder. h Pennsylvaniastatute enacted after the
transactions, forbade any mining of coal unless certain circumstances
wore met. The .Supreme Court found that the statute made it
commercially impractical to mine the coal and thus had nearly the
same effect as the complete destruction of rights claimant had
purchased from the owners of the service land. In the years following
pnsylvafia Coda,, the Court has wrestled with what constitutes a
property right,, And has generally not found a taking unless the right
is completely denied. In 1986, the Supreme Court denied a taking
claim which arose out of a governmental regulation which forced
additional contributionsto employee pension funds. In analyzing the
investment -backed expectations aspect of the case, the court found
that the extensive regulation of the pension field diminished any
investment expectation.
in 1988, the Minnesota Supreme Court in reviewing a zoning decision,
found extensive governmental regulation in the area of land use as
being similar to the regulation of pension funds. The Court noted
that the claimant purchased the property knowing extensive
restrictions might be placed on land use and knowing that the City
Council viewed the present zoningas inappropriate, which factors
diminished the claimant's investment -backed expectations. Three years
later, the Minnesota Court of Appeals reiterated that there is no
vested right to a zoning classification, in upholding a city's
retroactive application of a Zoning regulation which effectively
denied a building permit for which application was made prior to the
effective date of the new regulation. The Court found that the
claimant's right to rely on the initial ordinance was subordinate to
the City Council's police power to enact a different zoning
regulation.
As you will note from the above, absent some unique circumstance such
as the total deprivationpof use of a property right, a taking in the
area of zoning ecisions is a rare occurrence. In Minnesota, this has
been found to be true, even where the value of the property has
declined significantly as a result of the governmental restriction.
Also, it le important to be kept in mind that the "investment -backed
expectations ,analysis is simply one prong of a three -prong test which
gust be reviewed in light of a "claim of taking".
With respect to the proposal for Lone Oak Forest, the subject
pr'_ arty is presently Comp duidsdD-II. Studies conducted in 1988 and
1990 exprass.d concern with the development of the property under an
intensity ellpwed by this classification. In 1990, the property owner
concurred with a city -initiated amendment to the Comp Guide. While
the City sought a RAD designation, the owner expressed a preference
-4-
'Io
,for limited business or light.industrial. Solely in response to the
neighboring residents to the east, the City Council chose not to
adopt the amendment to the Comp Guide since no guarantees could be
given that their real estate taxes would not increase as a result of
the amendment.
Our review of the parcels also included discussions with the Dakota
.County Assessor's office as .to the'valuation method applied to the
parcels under consideration. The 26 -acre parcel has an assessed value
for 1994 of approximately $220,000.00. The County's assessment is
based on a standard residential value of $18,000.00 per acre with a
-40% adjustment for the existing rolling terrain and an additional 20%
adjustment for a pipeline easement which diagonally crosses the
property. The standard residential rate of $18,000.00 is applied to
all vacant land in Eagan consisting of at least 10 acres, regardless
if the property" is designated for low or high density development.
Unless the property is presently zoned commercial, the County
considers the highest and best use of vacant land in Eagan to be
residential. The smaller four -acre parcel is presently assessed at
$31,500.00. The County has determined that this parcel is a standard
buildable site which is valued at what the County believes the
property could be sold for.
Lastly, both parcels have been assessed by the City of Eagan for
sanitary sewer trunk and for stoma sewer trunk. The sanitary sewer
trunk was assessed in 1969 and wascalculated on an acreage basis
multiplied by a set rate (no differential existed for land use
classification). The storm sewer trunk was assessed in 1983, again
based on the multiplication of land area times rate. However, whereas
the four -acre parcel was assessed at a single-family rate, the
26 -acre parcel _was' assessed at, a multi -family rate (consistent with
its present zoning). While this item is important, we do not believe
that standing alone it represents "investment -backed expectations."
Based upon a review of the City's files and present application with
respect to the property, we do not believe that the difference in the
rate of assessments has much bearing upon a decision by the City
Council to rezone the property. While the 26 -acre parcel was assessed
at a multi -family rate, the owner has voluntarily submitted an
application to the City to down -zone the property to a single family
classification. This is an overt decision by the landowner that the
approximate $7,000.00 differential between_ the single-family and
multi -family rate is not in and of itself significant. A rezoning to
R-1would not automatically guarantee a particular number of single
family lotsto recoup this money. Four years ago, the owners of the
property voiced their support for a rezoning of the property to a
• commercial land use designation, which had it been used in connection
with- the levying of assessments, would have increased the assessments
by approximately $7,000.00. In essence,at the time the assessments
Were levied, the Council in its judgment determined that the property
-5-
vas suitable for multi -family development. Eight years later an
in-depth review of the 'property and -the studies and hearings from
1988 and 1990, may lead the Council to a different decision.
Again, the property owner does have the right to use his property
consistent with the health, safety and welfare concerns addressed by
the City Council. We feel it is important, that should the Council
deny the Owner's application, that steps be implemented to review the
Comprehensive _Guide Planand Zoning classifications for this area to
lay out a long-term plan compatible with the Council's expectations.
If you or the Council have any questions with respect to any of the
information. contained .heroin, please be An contact with our office.
Jim Sheldon will bs attending the regular scheduled meeting on May
18, 1994, to answer any questions.
IIGD/wkt
-6-
r 1 2-
MEMORANDUM
TO: Peggy A. Reichert, Community Development Directolj
FROM: Michael G. Dougherty, City Attorney
DATE: May 11, 1994
RE: RES Investment Co./Mar€ll, Inc./Proposed Lone Oak
Forest Addition
Our File No. 206-12220
R EC a LVED
MAY 1 2 1994
This memo is in response to your inquiry regarding the options of the
City Council should they deny the application to rezone the property
from R-4 to R-1. It is my- understanding,that your preliminary
analysis is that to mitigate the impacts of traffic and aircraft
noise (among others), the property might support a light industrial
use or possibly a very low density development. A development with a
density lower than presently allowed under the R-1 would expose fewer
residents to the problems associated with the traffic and aircraft
noise.
As indicated in the memo dated May 11, 1994, from our office to Tom
Hedges, should the Council deny Marell's request for a rezoning, it
is our opinion in light of the past history of this property, that
the Council should undertake a full review of the triangular area
between Trunk Highway 55, Lone Oak Road and tnver.Grove Heights. Such
a: review should include how the property is addressed in each of the
elements of the Comprehensive Guide as well as what is the proper
zoning to implement the Comprehensive Guide.
As we discussed, an appropriate way to handlea_ review of this area
in relation to future development requests, would be to have the
Council enact a moratoriums to restrict or prohibit the development,
subdivision or change in use of any portion of the triangular area,
while the City conducts a study of the area for the purpose of
protecting the planning process. A moratorium would require that an
ordinance be adopted putting in place interim regulations for a
period not to exceed one year. This period may be later extended by
the City Council as deemed appropriate, not exceeding a total
additional period of 18 months. Prior to or as part of the adoption
of the` ordinance, the City would need to authorize a study for the
triangular area for consideration of amending the Comprehensive Guide
Plan or zoning regulations. The study `would provide you with the
opportunity to analyze the ultimate impactshould this property be
rezoned industrial or should the property be rezoned to a new
classification (e.g. rural residential) with greater lot size
requirements. Such analysis would be a rational reason for the
Council to enact a moratorium.
If you have any questions regarding this information, please give me
a call.
MGD/wkt
Agenda Information Memo
April 19,-1994 City Council Meeting
REZONING/MULL INC,
F. Rezoning, Marell Inc., of 30.1 acres from A (Agricultural) and R-4 (Multiple) to R-1
(Single Family) located along the south side of Lone Oak Road, north of Highway SS in the
northeast quarter of Section 12—Marell Inc. has requested approval of a rezoning of 30.1
acres from R-4 (multiple) and A (agricultural) to R-1 (single family) located south of Lone
Oak Road and north of Highway 55, immediately adjacent to Inver Grove Heights in the
northeast quarter of Section 12. The Advisory Planning Commission conducted a public
hearing on this request at its meeting of March 22,1994. The applicant also bad submitted
`an accompanying preliminary platconsisting of 62 lots and one outlot on the property. The
minutes of the Planning Commission meeting and the staff report on this item are enclosed
on pages through .
This rezoning request will be a matter for potential heated debate at the City Council
meeting because the Advisory Planning Commission and staff have recommended denial of
the rezoning to R-1. In addition, the City's Airport Relations Committee had recommended
that the rezoning be denied as had the City's Advisory Parks, Recreation & Natural
Resources Commission.
The appropriate use of this property has been an issue before the City Council on two
occasions in the past and the appropriate future use has never been fully resolved. The
property was originally zoned It -4 in 1969. The rest of the property bounded by Lone Oak
and Trunk Highway 55 is still zoned agricultural and is very sparsely developed with low
density single-family housing. Clearly, the residents have been opposed to the prospect of
multi -family development on this parcel. In general, they have been opposed to any type
of additional development in the past because they like the area as it is now. Staff and the
Planning Commission recommended denial of the rezoning of R-1 based on the following
reasons:
1. Suitability --The steep topography and heavily wooded nature of the property is
not suitable for standard R-1 single family development.
2. Airport noise—The parcel is located in Zone IV of the airport noise impact area
and as such, single family residential development is considered a "conditional
use.' The City's. Alrport Relations Committee strongly discourages additional
residential development within Eagan in Zone IV.
3. Neighborhood parks—The site is isolated by two major thoroughfares and Inver
Grove Heights to the east from any existing or planned neighborhood park. In
the long run, the APRNRC does not see a sufficient future residential population
anticipated north of Trunk Highway 55 to warrant the provision, operation and
maintenance of a separate neighborhood park. This was the position of the
Advisory Parks, Recreation & Natural Resources Commission.
Agenda Information Memo
April 19, 1994 City Council Meeting
4. Access -As R•1 single family development, this parcel would require access to
both the north (Lone Oak) and the south (Trunk Highway 55). MnDOT does
not want to see direct local access from this site to Trunk Highway 55. MnDOT
would like to see a frontage road developed parallel to Trunk Highway 55 that
would then provide very limited' consolidated access at one or two points along
this stretch of the road. City staff concurs with this objective. The development
of the single family parcel at this timeprovides the option for provision of such
a frontage road in the future, but would not be provided now.
Because the rezoning was recommended for denial, the preliminary plat was not considered
by the Planning Commission. If the City Council approves the rezoning, the preliminary plat
can then be moved back to the Planning Commission for its consideration.
The developer -for Marell Inc. feels very strongly that this rezoning should be approved.
They have submitted an additional letter dated April 13, 1994 written by their consultant,
Michael J. Gair. .Mr. Gair takes issue with many things in the staff report as well as the
process that has occurred over the past several months. From the staff's perspective, we
have tried all along to raise concerns and give the applicant an opportunity to address and
resolve these concerns. Staff also did not come to its conclusions and recommendations
lightly, but did so after evaluating the concerns very carefully and giving the applicant an
opportunity to address the concerns and hopefully, resolve them. We do not feel that it is
appropriate for staff to tell people no the first day they walk into the office. We try to work
with applicants to resolve issues as best we can. In this instance, we did not feel that all the
issues that have been raised were satisfactorily resolved. We did not communicate this
conclusion simply in a staff report. City Administrator Hedges and Community
Development Reichert met with representatives of Marell Inc prior to completing the staff
report to convey the conclusions and recommendation of the staff. This staff
recommendation was also discussed at a Department Head meeting and was the joint
conclusion and recommendation of the entire City Administration.
Nevertheless, the rezoning is a policy decision for the City Council to decide. City staff,
Advisory Parks, Recreation & Natural Resources Commission, Advisory Planning
Commission and Airport Relations Committee are all advisory agents to the City Council.
One final consideration, if the City Council decides that a rezoning to R-1 is not appropriate
for this property, there is the question of what is the appropriate zoning. R-4 does not seem
to be appropriate either. Previous studies have suggested that this entire area would be
more appropriately developed as research and development or light industrial in the long
run. In the short run, however, it is working well as a very low density residential area,
much like the land immediately to the east in Inver Grove Heights. Agricultural zoning in
Eagan is really a holding zone or interim use albeit for perhaps a very long period of time.
-�S
Agenda Information Memo
April 19, 1994 City Council Meeting
The Council could consider rezoning, the property agricultural which would allow some
minor development of the property residentially in five acre lots. We have checked the
assessment records on this property and it was assessed for sanitary sewer trunk and
stormsew,r.'he stortnsewer rate was at the R-4 rate, which is somewhat higher than R-1
or A (Agricultural) ($37,000 versus $35,000). The property owner has been paying off
assessments so there would probably need to be some minor adjustment and potential
refunding of prevlous assessments paid if the City were to initiate a rezoning to agricultural.
An alternative Wouldbe for the City to establish a new zoning district which would be a very
large lot, ,no utility district such as they have in Inver Grove Heights with either 5 or 10
acres minimum lot sizes. The current agricultural zoning designation does provide for this
type of development, however.
ACTION TO DE CONSIDERED ON THIS ITEM: To approve or deny a rezoning of 30.1
acres from A (Agricultural) and R-4 (Multiple) to R-1 (Single Family) located along the
south side of Lone Oak Road,north of Highway 55, in the northeast quarter of Section 12.
(49
page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES
MARCH 22, 1994
LONE OU FOREST ADDITION
=BELL, INC.
Chairman Voracek oPened the next_ public hearing of the evening
regarding a Rezoning of .30.1 acres frem, A (Agricultural) and R-4
(Multiple) to R-1 (Single Family) and a Preliminary Plat consisting
of 62 single family lots and one outlot on 30.1 acres located along
the south side of Lone Oak Road north of Highway 55 in the NE 1/4 of
Section 12.
Community. Development Director Reichert introduced this item. She
stated that the applicant is requesting a rezoning of 30.1 acres from
R-4 and Agricultural, to R-1 and a preliminary plat consisting of 62
lots and one outlot. She stated that the subject property is located
south of Lone Oak Road and north ..of Highway 55. Ma. Reichert stated
that the subject property was zoned R-4 in 1969 but has yet to be
developed. She stated the surrounding uses included a vacant zoned PD
Parcel to the north; a vacant zoned agricultural parcel and Bur Oaks
Addition to the south; Scattered, unplatted single family homes,
coned agricultural to the west; and the Eagan/Inver Grove Heights
corporate boundaries to the .east. She stated that the subject
property has fairly rugged topography with a ridge line running east
to vest through the middle of the parcel. She further stated that the
entire parcel is isolated by major roadways, noting Lone Oak Road to
the north, and Trunk Highway 55 on the south.
Ms. Reichert described the area as a quiet, secluded
neighborhood. She further .stated that due to the terrain and
topography, tate parcel would be.difficult to develop. She stated that
City staffrecommends denial of the applicant's request to rezone and
preliminary plat approval for the following reasons:
1. The development would have but one access and that being
from Lons Oak Road. Ms. Reichert noted that MnDOT has denied
any public street access onto Highway 55 due to the unknown
future expansion of the highway.
2. .The subject proPerty is located in the Metropolitan
Council's Aircraft Noise Zoos IV in which new holm
construction isqquu idea as a conditional land use. Ms.
Reichert stated that for.long-term planning, avoidance of
sew hope construction in noise zones is a plus for the
City's development.
Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES
MARCH 22, 1994
The heavily wooded and severe topography characteristics of
the property, In addition to the property being isolated by
two major roadways.
T s setablishment of any parks within the development or in
1140; surrounding er404 is not practicable or feasible. The
land is rsiat v.ly tiro *Mall .ft r a dedicated park area and
due to the major . roadways, the .,satablishment of a park in
the 'area is not feasible for safety considerations.
Member Segal inquired asto whether the subject property is
connected with the commercial study' pr*sently underway in the City.
Community Development_Director Reichert stated it was not. She noted,
however, that the City had conducted a study regarding the land use
of the subject property in 1.988 and 1990. She stated that both
studies concluded that the existing multi -residential land use
designation is inappropriate for the subject parcel.
!tike Care, a representative of Hareli, Inc., appeared with Lyle
Nash and David Nash. Mr. Gare 'stated that Marell is following the
principles set by Kenneth Applebaum who gave him directives 24 hours
before Mr. Apple um's:death to go forward with the project. Mr. Gare
Stated that the ;ad acent parcel in Inver Grove Heights gives the
parcel an additional 132 acres with a density.of 3 units/acre or
2,000 to 3,000 people. He further noted that the Inver Grove Heights
property,is similarly guided to the subject property. Mr. Gare
presented on aerial photograph with anoverlay of a section map. Mr.
Care explained the area width* to ography as indicated on the map.
Mr. Gars further stated that he believed the subject property was
good property for rs$idential development. He further presented a
topography nip, explaining the contours therein.
With respect to the airport/aircraft noise sone issue, Mr. Gare
conceded that the subjt property is within Zone IV. He further
stated that the Metropolitan Council's characterization of •
residential dsvelopmsnt is a conditional land use is merely a
guideline not* sot standard .or rsquiremslt.Mr. Gare further noted
that he too lives in Noise Sone IV in Minneapolis and stated that the
'air noise le tolerable.. ate state that the proposal is consistent
with thi Comprehensive Guides Plan and that the rest for rezoning
Is a preferable dew zone. •ils further stated that Dakota County has
approved a east -wart aches# and that he is confident that an access
onto Eighway S3 will occur in the future.
- Page 14/EAGAN ADVISORY PLANNING COMMISSION MINUTES
MARCH 22, 1994
_Peggy Carlson, 3434 Highway 55, Eagan, stated that she initiated
a neighborhood petition in regard to the proposed Lone Oak Forest
development. She stated that theresidents are concerned with having
to appear before the Commission and City Council: every two years
regarding the development of this subject property.. She stated that
the residents wish to have the issue settled. She described the
surrounding area as large acreage lot4_with single family homes, but
noted that singletamiiyy homes would compliment the area analogizing
it.to tbe.Bur aks development and its surrounding area. She stated
that the residents are concerned about the constant question of what
will happen to the land and how it will be developed. Ms. Carlson
further stated that She believed if the rezoning was denied and an
apartment is proposed tomorrow, the City would have to approve the
apartment because it is a R-4 zoned parcel. She further stated that
the residentsbave.concerns regarding wildlife being destroyed if
multiple residential, industrial or commercial development is
developed on the subject property.
Jay Reedamen, who stated he is a future homeowner in the Lone
Oaks area, stated he is against rezoning the property but if the
property is to be developed, he would prefer single family homes as
opposed to multi -residential. He further stated that airport noise is
not a problem and: the development of the subject property as anything
than single family would not be consistent with the area.
A resident at 510 Lone Oak Road stated that he lives west of the
subject property. He inquired as to how the property was originally
zoned R-4 because prior to that the subject property was zoned single
family"on ons side of the ridge and multi -residential on the other
side of the ridge. He stated that he opposed the development of
apartments on the propertyand that he would rather see single family
homes than multi-residental buildings as now permitted by the
zoning.
Jerry Mike, 3430 Highway 35, stated he has lived adjacent to the
subject property for.15 years. He stated that if the subject property
is going to be developed, then he would prefer single family homes on
the property.
Nike Simone, a resident, stated that he owns an office building
easterly adjacent to the subject property where he houses his
electrical busineSs. He stated that he is "mors in favor of single
family than Multi -residential* property. He reasoned that one can
expect sore problems with renters than owners of property.
Page 15/EAGN ADVISORY PLANNING COMMISSION MINUTES
MARCH 22, 1994
Community Development Director Reichert stated that the
residents, concerns are that the property will -be developed for
iuuitiple, dwelling housng, She noted that City staff also has
conCerns for multiple'dweiling housing on the subject property. She
further stated that the City may have an option to rezone the
property to agricultural or an interim use for large lot residential
development.he stated that she believed that the residents are not
in fever. of the proposed development because of the proposed
developmentbut beCtuse they fear that if single family doss not go
on the property a multiple residential development may. She further
stated that it is her impression that the residents are favoring the
proposed development only to prevent multiple dwelling development on
the subject property.
A resident in the audience gave an affirmative nod to her
comment.
Member Miller stated that it appears to him from the residents/
cosments that the residents are content with leaving the parcel the
way it'is..Me further stated thathis concern with rezoning the
subject property to R-1 i# that it may leave no flexibility to
develop the property differently in the future.
Community Development Director Reichert, directing her attention
to the audience, stated that development of the parcel will require
utility connections thereby subjecting the residents to potential
assessments.
Lyle Nash, a representative of the applicant, stated that the
property owners have signed a purchase agreement with Applebaum and
have the intention to develop the property. Me stated that if the
proposal is. not approved, the applicant will return with a new
proposal.
Member.ltiller stated that he believed that if the property is
atoned Rt -4 and the applicant presents a development for an apartment
complex then the City may be required to approve such a proposal.
Chairman Voracek stated that the Commission has no jurisdiction
ever the Inver Grove fleighte property and it has no verification that
lever Grove Naights did or wil approve a reaonin to allow single
timbal developent On that property. He further stated that the
residents say not have a Problem with airport noise now, but if the
lend is developrd, the noise level will be impacted. Chairman Voracek
stated that R-1 sone is not apprOpriate for the subject property
because: (1) the property to the north is Planned Development; (2)
3 o
Page 16/EAGAN ADVISORY PLANNING COMMISSION MINUTES
MARCH 22,1994
the Comprehensive Guide Plan for the area is not designated R-1; (3)
single'amily development is not compatible with the surrounding
area; .and (4) the development will increase traffic for Lone Oak Road
which will req0irelOture expansion of `Lon. Oak Road. He concluded by
stating that if.* R-4 permitted,u.se.is proposed, the applicant will
Still have all th.__,saae issues which are presently before the
Commission and the applicant does not have a "shoe -in" for approval
simply because it is a permitted use.
Member Wallace stated that he concurred with. Chairman Voracek and
notes that the r.sidents• approval is not for R1-1 but against R-4.
Msmber_Segal.stated that he believed City staff needed to further
rsvie/ the proposed uses for the subject property. He stated that he
does not know enough. at the present'time to approve or deny the
proposal."He suggested the Cominission continue the hearing to allow
the City to study the development options for the subject property.
Member Miller recommended that the Commission deny rezoning and
deal with the next development proposal as it comes.
Chair nn Voracek stated that since a development study on the
parcel val conducted in 1988 and 1990 and both studies concluded that
multi -residential development was not appropriate for the site, he
opposed any study in 1994.
Member lsberg concurred with Chairman Voracek and added that he
supports the denial ef the applicant's request based on the reasons
cited by City staff.
Member Millerstated that based on those issues cited by the
City, e.g. access, airport noise, topography, surrounding uses, and
lack of potential park locations, he recommended denial.
Millar =Wad, Isbsrg seconded, the motion to deny a Rezoning of
30.1 acres from A (Agricultural) and R-4 (Multipis)'to R-1 (Single
Family) located "along the South side of Lone Oak Road north of
Highway 55 in the NE 1/4 of Section 12.
All present voted in favor except Segal who opposed.
Passed 5-1.
Member Heyl left the meeting part-way through this item and did
not participate in the vote.
peg• 17/24GAN ADVISORY PLANNING COMMISSION MINUTES
)(ARCH 22, 1994
.Isborq soved, Segal seconded, the motion to recommend to the City
Council the preparation of an area development study.
All present voted in favor.
Per Chnirlan Voracek,, no public hearing was held on the
preliminary plat request because the issue was moot.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 10, 1994
APPLICANT: Marell, Inc.
PROPERTY OWNERS: RES Investment Co.
Grackle Aviles
REQUEST: Rezoning and Preliminary Plat - Lone Oak Forest Addition
LOCATION: E1/2 of NE1/4 of the NE1/4 Section 12.
COMPREHENSIVE PLAN: D -II Mixed Residential (0-6 units/acre)
ZONING: R-4 (Multiple) and A (Agricultural)
CASE #: 12-PP•37-12-93
9-R2r30-12-93
HEARING DATE: March 22, 1994
PREPARED BY: Shannon Tiree
$UMMARY OF REOUEST
Marell, Inc. has applied for a Rezoning .of 30.1 acres from R-4 (Multiple) and A
(Agricultural) to R-1 (Single Family) and a Preliminary Plat consisting of 62 lots and one
outlot located on PID's #10-01200-010-01 and 10.03600-080-02 south of Lone Oak Road
and north of Highway SS in the NE 1/4 of Section 12.
AUTHORITY FOR REVIEW
City Code Section 13.20 Subd. 6. states that "In the case of platting, the Planning
Commission and the Council shall be guided by criteria, including the following, in
approving, denying or establishing conditions related thereto:"
A. That the proposed subdivision does comply with applicable City Code provisions and
the Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State ofMinnesota, or the Metropolitan Count.
C. Thatthe 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.
g3
Planning Report - Lone Oak Forest
March 22, 1994
Page 2
E. That the design of the subdivision or the proposed improvements 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.
0. That the design of the subdivision or the improvements will not conflict with
easements of record or with easements established by judgement of court.
H. That completion of the proposed development of the subdivision can be completed in
a hely manner .so as not to cause an economic burden upon the City for
maintenance, repayment of bonds or similar burden.
That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook
on Solar Access).
Thatthe design of public improvements for the subdivision is compatible and
consistent with the platting or approved preliminary plat on adjacent lands.
X. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun aub
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein
as fully as if set forth herein at length. It shall be the responsibility of the City Clerk
to maintain the Water Quality Management Plan and make the same available to the
public.
BACKGROUND
This property has been zoned R-4 since 1969. A 1988 study of the entire lOS acre area
south of Lone Oak Road and north of Highway 55 was conducted because of inquiries
regarding comnierdal andfor industrial development for portions of the area. It evaluated
three alternative land use plans using a) limited business uses with residential uses, b)
limited busing uses with limited industrial uses, and c) mixed coininercial uses with limited
Industrial uses. rat area was again studied by the City as part of the Multifamily
Residential Land tJse Stud prepared in 1990.
st
Planning Report - Lone Oak Forest
March 22, 1994
Page 3
Both the 1988 study and 1990 the Multi Family Residential Study concluded that the existing
1341. residential land use designation is inappropriate. Written correspondence from the
owner of the property at that tune indicatedthey were not opposed to the change in land
use from residential to some form ofcommercial/industrial, and that comm./industrial land
uses which would be compatible with surrounding uses is the most appropriate guide for
Some development.
The .City Council considered a Comprehensive Guide Plan Amendment (for the entire 105
acre .site) in October 1990 to change the land use designation to a -mixture of commercial
and office light industrial (see minutes Exhibit A). The current residents expressed
concerns about their taxes being increased if the Guide Pian were to change. Due to these
concerns the proposed guide plan amendment was denied. The appropriate future land use
for the entire triangle of property bounded by Lone Oak on the north and TH 55 on the
south was left unresolved.
EXISTING CONDITIONS
• . The site is characterized by rolling terrain and steep grades with low areas adjacent to
Highway 55. Scattered groupings of dense vegetation occur throughout the site.
• The proposed site is located between Lone Oak Road (County Road #28) and State
Highway 55 to the south.
• Tejo existing homes west of the site share access from Highway 55. This existing access
is the proposed southerly access for the development.
• Two homes are located east of the site in Inver Grove Heights on Lone Oak Road and
a small manufacturing company is Located east on Highway 55.
• "A 40' wide pipeline easement angles across the site approximately halfway between
Lane Oak Road and Highway #55.
• The proposed plat is located within Aircraft Noise Zone IV as identified in the
Metropolitan Development Guide.
Planning Report • Lone Oak Forest
March 22,1994
Page 4
$URROUNDING USES
The foiiowg uses, zoning and comprehensive plan designations surround the subject
property-
North
roperty
North - vacant; zoned Planned : Development - PD; designated CPD.
South vacant & Bur Oak Hills Addition; zoned A & R-1; designated D -I.
Best • 1, bier Grove Heights corporate boundary; zoned A 10 acre minimum size.
Industrial; designated A until utilities are available then R -II (0-3 units
acre) when utilities are available.
West • scattered =platted, single family homes; zoned A; designated D -II.
EVALUATION OF REOUESTS
A. Review of Rezoning Request.
l considering the advisability of rezoning this 30 acre parcel from R-4 to R-1, several
factors should be considered, including topography, relationship to surrounding area,
potential for a true residential neighborhood to evolve in the area, the impact of airport
noise and access.
The entire land triangle bounded by Lone Oak on the north, Trunk Highway 55 on the
south. and Inver Grove Heights to the east is characterized by a fairly rugged topography,
with a ridge line running. east to west through the middle. The land is currently developed
with very scattered large lot residences. Several property owners are not presently
interested itt selling their land for development which precludes developing the area in a
vilified manner at this time.
The entiretriangle of land is isolated by major roadways from the residential neighborhood
south of Trunk Highway 55 and the industrial/office park north of Lone Oak. To the east,
the land in Inver Grove Heights is outside the metropolitan urban service area and will
likely rennin for many years in the figure. Inver Grove Heights has zoned this area for very
low density rural residential use, although a small light industrial use was permitted to
develop just east of the subject parceL
The isolated nature of this entire, relatively small land triangle makes provision of
neiborbood Park services very difficult. There etre no plans to provide a neighborhood
par the limited potential residential area that could, under the best of circumstances,
develop eventually. This was in part the basis for the Parks, Recreation and Natural
Resources Commission recommending that the rezoning and preliminary plat be denied
g c�
Planning Report - Lone Oak Forest
March 22, 1994
Page 5
A small. commercial node has been proposed for the western end of the land triangle and
is currently under consideration as part of the Commercial land Use Study. If this
commercial proposal is accepted by the City, the residential neighborhood potential of the
triangle would be further restricted.
The ' of airport noise is another factor affecting the advisab0ity of single family
residen ' use of this parcel as well as the entire /and triangle. The subject parcel is located
in the Aircraft Noise Zone IV established by the Metropolitan Council. The Metropolitan
Council has advised local governments to evaluate proposed residential development in
Zone IV as a *conditional" land use. The level of interior noise exposure in Zone IV may
be mitigated to acceptable Levels through insulation and building construction techniques.
However, negative impacts of noise on outdoor activities associated with the typical single
family residential lifestyle cannot be mitigated. Eagan has, therefore, attempted to
discourage low density residential development within the Zone IV area to the extent
possible through zoning and subdivision controls.
The Airport Relations Committee has been in the process of reviewing the Met Councils's
Policy guidelines (see attached memo dated March 11, 1094 for specifics of guidelines) as
it relates to land use compatibility within the zones. The Committee, at its February 8, 1994
meeting reiterated their position of strongly discouraging residential development within the
noise zones in the future. At its March 8, 1994 the Committee recommended to the
Advisory Planning Commission and the City Council that the guidelines be formally adopted
as a policy of the aty for consideration of development plans within the noise zone.
Finally, as will be further deta0ed in the evaluation of the proposed Preliminary Plat, access
to this parcel, developed on its own at this time as a single family residential area, is very
problematic.
B. Preliminary Plat Review.
Density. The gross density of the development is 2.05 units/acre, the net density is 2.63
units/acre. Bothdensities are consistent with the D -A designation and the requested
rezoning to R-1.
jam, All proposed lots meet the 12,000 s.£ minimum lot size requirement. The lots range
in size from 12,000 z.£ to 39,300 s.f., the average Iot size is 16,500 and median lot area is
14,300.
An 85' minimum width at the 30' front yard setback must be maintained and it appears from
the proposed plat that Iots 20 and 21, Block 1 and Lot 13, Block 3, do not meet the
miniamm width requirement. Lot 13 is approximately 78' in width allowing for a 63'
building pad.
gq
Planning Report - Lone Oak Forest
March 22, 1994
Page 6
Lots 3 and.4, Block 4 are double,fronted lots, and have.a questionable layout. It appears
that. both lots do not meet the sr lot width .requirement. The north property line of lot 3
vias`anglednorth to make an attempt at meeting the 85' lot width; in doing so creating an
unusual tie or Cesar lot line for Lot 2, Block 4 which is a corner lot. Lot 3 is
approocimately 73' in width (allowing only a 58' wide building pad).
Oudot A Les been provided to allow a potential street connection to be made west of the
site for lbture development,
Setback] The proposed building pads meet the R-1 setback requirements. No variances
have been requested.
Tree Preservation/Grafi, The tree preservation plan does not meet the City's
requirements. A replacement plan which meets the tree preservation policy is necessary. The
site contains some steep slopes that are heavily wooded and some gently rolling hills that
are lightly wooded. An area of 31/2 acres in the central portion of the site that contains
some steep slopes and is heavily wooded will not be disturbed with the initial phase of the
grading. However, the majority. of the site will be disturbed during the initial grading.
The .tree preservation plan provided states that there are 249 significant trees and 36,400
s.L of woodlands on site. As proposed, this development would result in the loss of 102
trees and 23,500 s.f. of woodlands (65%). ' The Loss of trees and woodland far exceeds the
Tree Preservation guidelines.
grading/Wetlands, The preliminary grading plan is acceptable. The site contains heavily
wooded steep slopes and some lightly wooded gently rolling hills. An area of 3.5 acres in
the central piton of the site that contains heavier wooded steep slopes will not be
disturbed with the initial phase of the grading. The development will be responsible for
installing and maintaining erosion control measures in accordance with the City's
Erosion/Sediment Control Manual Standards.
The developer has identified three wetland basins totaling 2.16 acres on the site. Because
the develoPer is proposing to fill some wetland areas, a sequencing analysis was required
to attempt to avoid and minimize wetland fill/drain impacts tome extent practicable. After
the sequencing anal ls, the total *Mount of fill proposed by the developer was 0.21 acres
hi two bob& About 0.16 acres of the fill was necessary because of County requirements
for access to Lone Oak Road. The 'remainder is associated with the proposed street
all t internal to the development. The developer's proposal to replace the 0.21 acres
of 4 2 or 3 wetlands with 0.42 acres of 'nope 2 or 3 wetlands on the site is allowed for
by the Wetlands Conservation Act (WCA).
Planning Report - Lone Oak Forest
March 22, 1994
Page 7
Storm Drainage/Water Ouality - Until drainage and utility easements are obtained over
Pond GP -3, the storm sewer layout is unacceptable. Storm water runoff from the north 1/3
of the site is proposed to drain to a wetland located on the north edge of the site, along the
south edge of Lone Oak Road. Thi," development will be responsible for constructing an
outlet to the wetland that will discharge across. Lone Oak Road and into Pond FP -12.
Storm water runoff from the south 2/3's of the site is shown to discharge to the wetland that
is located in the southeasterly corner of the site adjacent to TH 55. The developer will be
responsible for constructing an outlet for this wetland to the west to Pond GP 3. Pond GP -3
is classified as a sedimentation basin and the storm water runoff from this basin will
eventually discharge to Pond GP -1 in Bur Oak Park. Pond OP -1 is classified for indirect
contact recreation. To protect Bur Oak Pond, or Pond GP -1, staff recommends that the
developer be required to provide on-site ponding to treat storm_ water runoff from the
southerly 2/3's of this site. The northerly 1/3 of this site that discharges to Pond FP -12 will
be responsible for a cash dedication in lieu of ponding.
The proposed houses that are adjacent to the wetlands or water quality ponds shall provide
a 3 foot freeboard from the high water level of the ponds up to the lowest entry level of the
proposed houses.
Sanitary Sewer • The sanitary sewer layout is acceptable provided permission can be
obtained from MnDOT to cross Highway 55 with au 8" line to serve this site. Sanitary sewer
soviet is not currently adjacent to this site. This area is designated to be serviced from an
existing lift station that is located 200 feet west and on the south side of TH SS. The
sanitary sewer at the lift station has sufficient capacity and depth to serve this development.
The developer will be responsible for extending sanitary sewer from this site to the existing
lift station.
water Main - Water main service to this area is unacceptable and not available to serve this
development. This development is designated to be served from 2 locations. The first
location is 200 feet west of the site and also on the south side of TH 55. The second
location is 2200 feet to the west along Lone Oak Road. The extension of an 8" water line
in the south edge of this site along TH 55 to connect to the existing a waterntain will be
responsibilfty of this development: According to the preliminary utliity plan, the extension
of the 12" watermain on Lone Oak Road from this site to Lone Oak chive is proposed to
be constructed by the City. City Council authorization of the extension of this 12"
watermain, is 'required prior to final plat approval of this development.
The seting houses that are adjacent to the proposed street shall be provided with
individual sewer and water servicesas the street and utility construction is extended along
these existing houses. Sewer and water stubs shall be provided to the east property line of
this site in a stubstreet to provide sewer and water service to Inver Grove Heights. A water
main stub shall be provided to the west property line in the proposed stub street that is
shown as Oudot A.
$5
Planning Report - Lone Oak Forest
- March 22, 1994
Page 8
Access/Street pesign • The street layout is unacceptable. Street access is available to serve
this site from Lone Galt Road. Dakota County has required that the street intersection of
Destau riers Drive shall be provided at a location 250 feet west of the east property line.
The preliminary street layout plan shows a street connection to TH 55 which is along the
South edge of the site. MnDOT has reviewed the Lone Oak Forest preliminary plat and
attached as a copy of the letter from MnDOT dated February 10, 1994. It is MnDOTs
position that no public street access will be allowed to connect to TH 55.
Access cannot be provided from the south with the proposed layout. A loop type road off
of Lone Oak Road might have been an alternative however this cannot be accomplished
within the property boundary of the development. The developer has made attempts to
coordinate with the landowner to the west but attempts have been futile.
The street layout plan includes a future stub street to the west in the location where Outlot
A is shown.
Easements/Right-of-Way//errnitg - Development of this plat will require 60' of additional
half right-otvay along the north property line for Lone Oak Road. The final plat shall
dedicate restrictive access along TH 55. This development will be responsible for obtaining
an easement for the proposed sanitary sewer, water, and storm sewer lines that are to be
constructed along the north edge of TH 55. Also, an easement is required over Pond GP -3
up to 3 feet above the HWL of the pond. The proposed stub street that is shown to be
located in Oudot A shall have 60 feet of right-of-way dedicated over it.
The development will be responsible for ensuring that all regulatory agency permits (MPCA,
Mn. Dept. of Health, MWCC, IVInDOT, Dakota County, Mobil Oil, etc.) are obtained prior
to final plat approval.
rob and Recreation - The Parks, Recreation and Natural Resources Commission meeting
recomMended denial of this proposed development at their March 14,1994 meeting. The
commission had concerns with potential park locations and the large amount of tree loss
with no replacement plan.
Based on the foregoing review staff believes that the proposed project plat is incompatible
with the overall area.
Planning Report - Lone Oak Forest
March 22, 1994
Page 9
SUMMARY/CONCLUSION
1. Retuning.
Rezoning of this parcel from R-4 to R-1 would technically comply with the D-11 designation
for this property in the Land Use Guide Plan. Previous analysis of this site in 1988 and
again in 1990 concluded that a D-11 residential designation was inappropriate. This review,
in 1994, points to the same conclusion. With the exception of this subject parcel, the
remainder of the triangle area is still zoned Agriculture and Is characterized by a few
scattered rural density residential cases. The few homeowners present today are apparently
satisfied with their relatively private neighborhood. In the long run, however, the potential
for development of a viable urban density residential neighborhood in this triangle area does
not look very good. Rezoning of this 30 acre parcel to R-1 to permit an isolated single
family residential development does not appear to be compatiib1e with a realistic long range,
comprehensive plan for this area. . The current Dm designation for this entire triangle
should be reconsidered as part of the pending commercial land use study so that the City's
vision for eventual development of this area is clarified and properly communicated to those
interested in developing land in Eagan.
2. Preliminary Plat.
In addition to the basic land use issues involved in this proposed development of homes,
there are technical issues associated with the proposed plat. These include issues such as
problematic lot layout, an inadequate tree preservation plan, an unacceptable storm sewer
layout. While some of these issues could be resolved through revisions in the proposed
plans two major issues simply cannot be resolved satisfactorily at this time: provision of
adequate access to the site as well as neighborhood park service.
RECOMMENDATION
Based on the foregoing analysis and conclusions staff recommends:
L Denial of the rezoning from R-4 at A to R-1.
2. Denial of the preliminary plat.
Staff further recommends that the appropriate land use designation for the larger triangular
area bounded by Lone Oak Road and TH 55 be addressed further as part of the
Commercial Land Use Plan Amendment.
9(
FINANCIAL OBLIGATION - Lone Oak Forest
There are pay-off balances of special assessments totaling S10,061 on the parcels proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are no pending assessments on the parcel proposed for platting.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations; collected in the past and the uses proposed
for the property, the following charges are proposed. The charges are computed using the
City's existing fee schedule and connections proposed to be made to the City's utility system
based on the submitted plans.
Improvement Use Rate Quantity Amount
Water Trunk S.F. $810/lot 62 lots 550.220
Total M
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Minnesota Department of Transportation
Metropolitan Division
Waters Edge Building
1500 west County Road B2
Roseville. Minnesota 55113 '
Marilyn Wuchapknnig
Planning t
City of Eagan
3830 Pilot Knob Road
Eagan MN 55121
Dear Marilyn Wucherpfennig:
SUBJECT: Preliminary Plat Review
Lone Oak Forest
North of TH 55, west of Argenta Trail (CSAH 63)
Eagan, Dakota County
CS 1909
i•1E C YYY,.�;:
'� :..r WiJ
FEB 111151
cores 40
'3;Di,A
The Minnesota Department of Transportation (Mn/DOT) has reviewed the Lone Oak Forest
preliminary. plat ,in compliance with Minnesota Statute 505.03, subd. 2, Plats. We have the
following comments.
The connection of a local street to TH 55, a principal arterial, is inappropriate. Itis our
goal to eventually eliminate all direct access to TH 55 between TH 3 and TH 149. This
goal is generally applicable to all of TH 55 south to Hastings depending upon land use.
The intersections of TH 55 with TH 3 and TH 149 are separated by approximately two
miles. This ' is consistent with the criterion established by regional policy for
management of the metropolitan highway system. If access to the southerly side of the
;mettles in this area is deemed to be necessary we recommend that a local street be
developed to provide that access. We are available to discuss access issues with you,
please contact me if you wish.
A Mn/DOR' drainage permit will be required. Drainage pians and computations should
be submitted with a permit application. We request that the city furnish us with an
current copy of Eagan's comprehensive storm sewer pro. Questions, and the sewer
plan, may be directed to Keith Van Wagner of our Hydraulics Section at 779-5053. The
Roadway Regulations Supervisor May be contacted at 582-1443 for applications and
questions about the permit process.
PP 016
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•
Pigs 7/E,AGAN CITY COUNCIL MINUTES
October 16, 1990
COMPRERENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA E/MULTIJ AMILY RESIUD 11A . LAND STUDY
After introduction by Mayor Egan, Caity Administrator Hedges said that s number of persons were
io the audience reprding. tbii item. }le then provided background on the Multifamily Residential Land
Study. and Area E sn particular. Mr. Hedges 'saidthat consideration of $ coinprebensive guide plan
amendment and reionbg of Area E bad been before the Advisory Planning Commhsion at their August
28 Meeting find rtey had res comet ded approval. M. Hedges said that if the Council so desired,
ainsideratfon ooald begtven to a continuaticeso tbit there could be a neighborhood informational meeting
t0 better understand what the issues are. He then asked that the Director of Community Development
make a brief presentation.
Director of Community,. Development Runkle said that Area E is one of 16 areas being studied by
.the City as part of `the Multifamily Residential Land Study. Mr. Rankle said that the eastern 25 acres of
Area E wits tbe_parcel that! originally started the Study. 1* said that after looking at land uses, alternatives
considered for the Area included Limited Business and R-2. However, after looking at the adjacent roadways
and adjacent :ening, Mr. Runkle said it was determined' that residential may not be the best alternative for
the long term; Mr. Runkle said ft May be appropriate to include same LB or L1 or other uses with very
definite breaks because the topography searate+s the parcels along a bluff line. Mr. Runkle said the best
!solution that came out of..tbelrastudy of the entire 105 acres with no specific development plan, would be
to guide the property to Research St. Development and thereby. taking the area out of a residential use in
the future and guiding; it to some very restrictive ries. Mr. Runkle said some ,Light Industrial may work
its way into the area bit it would be on a case-by-case basis as development Dana and specific proposals
ame through.
Mr. Runkle said the APC bad reviewed the proposal. Some of the concerns to come out of that
meeting included neighborhood concerns regarding whether``residents could rebuild if the land use were
changed; could they rebuild 'theft existing banes. The other issue m questions was in regard to taxes and
the valuation of the properties. Mr. Runkle said they had a meeting with one of the County Assessors to
attempt `to get an understanding of thea panel as well as other parcels in the community and bow they
establish the taxes and set, the vatinstion. He said a memorandum had been provided with the packet and
It said basfglly that each parcel is Iooked at individually as to the highs t and bat use. Mr. Runkle said
that the comp guide Is the document the County is using for a tong team view of what the highest and best
tales Could be. He said other tactors do Dome into play such as availability of utilities to the property and
the avallabllf y of Undeveloped land with utilities ice the fmmedfate area. He pointed out that even though
it parcel may be comp guided or have t use that may increase its potential value, the use at the present as
residential may be the highest** kw a number of years before the valuation actually increases or taxes
lacreatse on the property; Mr. Runkle old that the assessor sslso indicated that statute requires that 25%
of thir aotnn+nnity be reevaluated each year ora total reevaluation every Hour years. He said that with the
development that k occurringin Dakota O)unty and wltb the number of astesiors, instead of every four
pen would be uouswl if they . through the reevalitatioas every six years. The Director of Community
trent ?Aid that .
fop ea , . tba sa eva�ua hub just been eotnpkted *titbit the pommanntty and u the City rezoned
or changed this bind tile, ft would probably be she years before apt b reevaluated. lit summary, Mr. Runkle
OW there B mo sett guideline for prOperty Hautes and even parcel is looked at on ase by case basis and
Weighed !with' the sutroubding parcels.
Mayor Egan said of the 16 parcels reviewed by the Council, this was the one with the most Issues.
He said that one landowner looked forward to a more inlenslve type of oommerdal development yet most
of the residential neighbors were untamed about`any fonts of s rnnterdal development. Mayor Egan said
(Qf
.)1: S„jv1,
s Page $1/PAGAN CITY COUNCIL. MWLTIFS
October 16, 1990
the proposal was for a research and development use of the property, however, there were no current plans
for development that be was aware of Ile said a study bed been done about two years ago on limited
business for this lannd but there are imany limitations on the uses for that type of commercial district.
Mayor Egan added that it is important for the neighbors to Understand that the intent of the study was to
try to upgrade land Uses in the community for everyone's benefit. He said it was not taken et the initiative
of any deveioper or any developer's pun and if dhcussion were entered into with that understanding, it may
simplify the issue.
Mr. Stan Piekurskl, 3350 Highway 55, said the last time the comprehensive guide plan was changed,
taxes; went up and his Green Acre stator was fast. Mr. Pielurski said it took 10 years to lunge it and
when it Was finally changed back, the assessor's office Said it shouldn't have been changed to begin with and
should have remained egr cuhural He added, bavever, that even having said that, the County would not
reband•the additional taxes that hadbeen wllected; He asked if they would reoefve any guarantee or written
statement that tsytes would not go up and Ms Agriculture! status would Stay the same. Mayor Egan said
he wished the City could .but In light of County polldes, there were no assurances.
Mayor Egan said this was somewhat of a biers! rezoning. He said be didn't bow if it was an
ftnprovetnent but be didn't feet it was :# detriment. The Mayor said he Was not suggesting that a higher
intensity use could not go. into Area E, but R&D Is a very Tow intensity type of district. The Mayor said
be thought the City of Eagan had more Limited Business and undesignated but LB districts than any
other oommmerciat district in the City.
Cbuncilmember Wachter said that R&D was a reasonable land use for these properties. He said
be would like to see this designation but without assurances from the County that the taxes would not go
bp, be was very reluctant to vote in favor.
Coundimembers McCrea and Pawlenty shared these concerts. C ounciltnember Pawlenty said he
did not think it was worth putting the property owners at risk of higher rains. He then asked City Attorney
Sheldon whether the CYty's bands would be tied if in the future someone bought this parcel and came in
with a D -I1 application. He asked if it would be more difficult at that point io say the applicant could not
have a D -1I classification. Cary Attorney Sheldon said the property was comp guided as D41 but toned
residentialtagrIeuhurai in most instances. He said an applicant was entitled to come th and apply for the
D-11 ciassitiptien; however, current law gives zoning precedenceover the Comp Guide. He went on to say
that those persons would definitely have an advantage in terms of the City's guide plan showing a D -II
classiflation but it would not neeessariiy mean, that It would be autotnstk or that it tsmust be rezoned. Mr.
Sheldon said the ten `would be the same as for any other rezoning and that would be whether the City's
anion is reasonable and whether that action bad $ tactuai basis and legally sufficient reasons to suppon it.
Wachter moved, Paw$enty seconded, a motion to deny a Comprehensive Guide Plan amendment for
Multifamily Residential Land Study, Area E.
•
Aye: 5 MY: 0
After introduction by Mayor Egan, City Adminfsuator H - impolite' Cbundl bad
requested a resolution indicating that an amend ,1 1 ? n Cbmprehenslve Guide Plan will not be
necessary to conform with Mems plans. Mr. Hedges said that this resolution is a technicality
and there wit •. v ns requiring change, however, the only aspect of transportation being addressed
utlon is light tail.
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March 18, 1994
Advisory Planning Commission Members:
We,. the undersigned property/home owners (bounded by Lone Oak Road, T.H. 55,
and the City of Eagan eastern corporate boundary, in the NE and NW 1/4s of
Section 12, Dakota County, Minnesota, T -27N, R -23W) ask that you take into
consideration the home owners' wishes in regard to the Lone Oak Forest housing
development requesting approval by the,City of Eagan Advisory Planning
Commission on the Tuesday, March 22, 1994, public hearing.
As the petition indicates weas a neighborhood, stand undivided and strongly
uuppOrt the development of single family homes on the two land sections
requesting rezoning. We further advise you that we detest the idea of any
rental properties developing on the 26 acres in question.
Most importantly, we are fearful that rental properties and all the problems
renters. statistically bring into.a neighborhood would. jeopardize are homes
safety and deflate our property values. After consultation with an attorney,
`our feeling_.is that we must take every effort to keep this eastern section of
our neighborhood restricted to single family home development.
In. September 1990 this neighborhood summitted a petition opposed to becoming
.zoned Re D. -The .Eagan City Council approved our wishes and voted against the
R & D rezoning. We believe home owners, in a single-family home development,
would be the only developing which would compliment What already exists in this
area. We asked that you foUlow. our proposed future land usage guide (D -II)
and permit the rezoning to aocommote the proposed Lone Oak Forest housing
development.
We have always had a nice, clean, low -crime neighborhood. Please help us keep
it that way.
Thank you for your cooperation.
Enclosures
Io9
March 10, 1994
TO: Mayor Tom Egan
City Councilmembers
Planning Commission Members
RE: "Lone Oak Forest" single family development
Petition
The following voters are -m favor of the City of Eagan approving Marell Inc. preliminary and final
plat for single family homes. We understand that this involves the rezoning of the properties
involved. We strongly feel that this property should not be developed for multiple residential.
We, the 'adjoining and neighboring property owners, want the mayor, council and planning
commission to know our feelings. We ask that you act upon this proposed development as we
request.
Hum
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Apiu��
Address
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March 10, 1994
TO: Mayor Tom Egan
City Councilmembers
Planning Commission Members
RE: "Lone Oak Forest" single family development
Petition
The following voters are in favor of the City of Eagan approving Marell Inc. preliminary and final
plat for sine family homes. We understand that thisinvolves the rezoning of the properties
bwolved We strongly feel that this property should not be developed for multiple residential.
We, the adjoining and neighboring property owners, want the mayor, council and planning
commission to know our feelings. We ask that you act upon this proposed development as we
request
V)1 °LAIQt.!
Address 2Ji-
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7474 e &tru% f"• -.F:
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March 10, 1994
TO: Mayor Tom Egan
City Councilmembers
Planning Commission Members
RE: "Lone Oak Forest" single family development
Petition
The following voters are in favor of the City of Eagan approving Mardi Inc. preliminary and final
plat for single family homes. We understand that this involves the rezoning of the properties
involved: We strongly feel that this property should not be developed for multiple residential.
We, the adjoining and neighboring property owners, want the mayor, council and planning
commission to know our feelings. We ask that you act upon this proposed development as we
request.
Address
may. P --c g -/C"-9-471
31 wk,v. S5-,
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March 10, 1994
TO: Mayor Tom Egan
City Councilmembers
Planning Commission Members
RE: "Lone Oak Forest" single family development
Petition
The following voters are in favor of the City of Eagan approving Marell Inc. preliminary and final
plat for single fiun ly homes. We understand that this involves the rezoning of the properties
involved. We strongly feel that this property should not be developed for multiple residential.
We, the adjoining and neighboring property owners, want the mayor, council and planning
commission to know our faelings. We ask that you act upon this proposed development as we
request.
HAMS
i
Address
7c,c-10 70
187 e;� �a
3,166 gl r- an 311151
3364 llw63' '494
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1 3
MEMO
—city of eagan
TO: CITY ADMINISTRATOR HEDGES
COMMUNITY DEVELOPMENT DIRECTOR REICHERT
FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN
DATE MAY 10, 1994
SUBJECT: MARELL INC REZONING - LONE OAK FOREST
This memo is a follow up to the presentation and discussion at the City Council meeting
of April 19 .concerning the potential rezoning of the Marell property between Hwy 55 and
Lone Oak Road. Both in presentation; and in written submissions, the applicant has
suggested that denial of the application would be arbitrary and capricious, the test for
judicial intervention!in land use decisions. The consideration of aircraft noise impacts as
one sterner* ofa decision on land use bears on the health, safety and welfare of the
community. As such, It is a rational and prudent consideration in a land use decision.
Land Use Authorities
The Federal Aviation Administration advises local govemments that noise compatible land
use is the most effective means of abating noise nuisance. Residential land uses are
considered to be the most noise sensitive due to the twenty-four hour nature of their use,
the potential for sleep and relaxation disturbance, the amount of associated outdoor
activities and the nature of residential construction. to simple terms, aircraft noise
nuisance Can best be controlled by locating more compatible uses than residential in
known noise -Impact areas.
The Metropolitan Council concurs with. this development philosophy and in the early
1990's adopted its Guidelines for Land Use Compatibility with Aircraft Noise, a part of the
Aviation Development Guide Chapter, which incorporate the position that land uses which
are more noise compatible should be located within the identified noise policy contours.
The pow matrix 'which Is attached Indicates the relative Compatibility of different land
uses within the respective contours. In no Case is residential land use considered to be
consistent with; the noise environment. In the first three contours, it is defined as
inconsistent. In the outermost contour, residential use is identified as conditional upon
review of other planning factors, which are listed and commented upon below.
The Metropolitan Airports Commission in its Part 150 Land Use Program recognizes the
Metropolitan Council Contours as the area of "preventive management" while the
boundary for "corrective management", where noise impacts are sufficient to justify noise
insulation or buy-outs, ties one mile west of the proposed development. This recognizes
that noise nuisance is not constrained simply to the area of federal eligibility, but extends
beyond it and should be considered in land use decisions.
Noise Zones
The applicanthas noted in part the portion of the Metropolitan Council Guidelines which
describe Noise Exposure Zone IV, where the subject property is located. This section
describes Zone IV as "a 'gray' area where aircraft noise exposure might be considered
moderate." The section goes on to say:
Noise exposure is predominantly related to takeoffs. Land uses are likely to
receive the most benefit from changes in operations. The area is considered
transitional because potential changes in airport operating procedures could
lower noise levels.
In the proposed location, which lies between the extended runway centerlines, noise
exposure is related to both takeoffs and landings.. The configuration of the noise
compatible, industrial corridor and the location of residential neighborhoods to the north
and south of the corridor prohibits changes in operations because they would be more
intrusive to existing residential development and would affect more current residents than
the population of the proposed development. As a consequence, the factors which define
much of Noise Zone IV as gray are not present in this particular location.
In addition, the policy contours were generated in the late 1970's and early 1980's before
the dramatic increase in operations which followed deregulation. It is evident that noise
exposure levels in the communities surrounding MSP have increased in the last decade.
That being the case, It is likely that future editions of the policy contour map will be at
least as restrictive, if not more restrictive than the current map.
The City of Eagan has maintained a consistent record of not encouraging new residential
development in noise affected areas. This position has helped to stop efforts to introduce
even more noise into the community by cities which have permitted such development.
As an example, Mendota Heights required sound attenuation and noise disclosure to
purchasers as part of the Copperfield development north of 1-494. Despite these efforts,
the area has since logged large numbers of complaints with the MAC concerning its noise
exposure. The area wasinstrumental in Mendota Heights' failed effort to shift noise
farther south to neighborhoods outside of the policy contours. Moreover, the Copperfield
area is located north of the extended centerlines and receives dramatically less landing
traffic noise than the proposed development would.
//
Conditional Land Use Review Factors
As a consequence of the preceding discussion, it is important to review the proposed
development in the context of rational criteria. Rather than rely on subjective
considerations, the Metropolitan Council uses the following factors when reviewing
proposed developments which require a land use change. The same criteria are
appropriate criteria for noise -affected cities to consider as well.
1. Specific nature of the proposed use, including the extent of associated
outdoor activities - The proposal calls for R-1 single family use in anticipation of
platting 62 residential lots. Detached, single family housing construction is the most
susceptible to indoor sound transmission with or without mitigative construction
techniques. It also tends to have one of the highest outdoor activity components
of any land use due to yard care and family recreation.
Relationship of proposed use to other planning considerations, including
adjacent land use activities, consistency with overall comprehensive planning
and relation to other metropolitan systems - The Community Development
Department, Advisory Planning Commission and Advisory Parks, Recreation and
Natural Resources have described a number of land use, planning, park service
and public service concerns regarding the proposed application. The area is
considered to be a new development area, not an in -fill or redevelopment area.
Frequency of exposure of proposed uses to aircraft overflights - As a
consequence of the Runway Use System currently used to prioritize the direction
of operations, this area is used for either departures or arrivals more than ninety-
five percent of the time. During the late night hours, it is used for both arrivals and
departures to avoid more noise -sensitive residential areas on the other three sides
of the airport. This "does not mean that aircraft are overhead at all times, but it
does mean that the runways affecting this area are scheduled for use almost all of
the time when operations are occuring.
While departure noise is typically more severe, the location of the proposed site,
between the extended centerlines of the runways, will tend to result in frequent,
repetitive overflights in landing configurations as well. Seasonal variations will shift
the mix of departures or arrivals. Peak hours will have more operations than off-
peak. Essentially, the area is likely to have some component of the airport traffic
virtually all of the time.
4. Location of proposed use relative to aircraft flight tracks and aircraft on -
ground operating and maintenance areas - The area Ties between the extended
centerlines and five miles from the ends of the primary runways at MSP. Flight
track information available from the Metropolitan Airports Commission shows the
area to be directly under flight tracks in either arrival or departure configurations.
The distance of .the site from the airport limits the potential impact of ground
operations and maintenance noise.
//L
Location, site designand construction , restrictions to be Imposed by the
community of the proposed use with respect to reduction of exterior to
- interior noise transmissions and shielding of outdoor activities - The applicant
has expressed an intent to incorporate the indoor sound attenuation building
standards developed by the Metropolitan Council. This would be a minimum
condition for the area if the land use were deemed appropriate. The nature of the
location and the site configuration relative to overflight limits the effectiveness of any
mitigative strategies other than building standards or land use.
Method community will use to inform future occupants of proposed
building(s) of potential noise from aircraft operations - The applicant has
expressed an intent to inform potential residents of potential noise impacts. If the
land use were deemed appropriate, the City may wish to require that an avigational
easement or other document be recorded against the title of the property to insure
the awareness of potential purchasers and diminish the need for City enforcement
and the potential failures by subsequent sellers to inform buyers of the level of
exposure.
Extent to which community restricts the building from having facilities for
outdoor activities associatedwith the use. - The nature of detached, single family
residential use implies a high level of outdoor activity for yard maintenance and
family recreation. It does not appear to be feasible or desirable to attempt to
regulate ordinary outdoor activities at a private home.
Distance of proposed use from existing or proposed runways, parallel
taxiways or engine run-up areas The area lies five miles from the ends of the
primary runways at MSP. Overflight and flight track information is above. The
distance of the site from the airport limits the potential impact of taxiway and run-up
noise.
Conclusion
In light of these factors, : the Airport Relations Committee has recommended that All
development in the policy contours be subject to the appropriate Metropolitan Council
Guidelines and, further,that the development of new residential land use continue to be
discouraged within all of the policy contours.
If you have any questions concerning this information, please let me know.
to e City Administrator
117
Agenda Information Memo
May 18, 1994 City Council Meeting
WAIVER OF PLAT/FRANK RECHTZIGEL
B. Waiver of Plat, Frank H, Rechtzigel, in order to split Pagel 011-50 for individual
ownership located along the north and south sides of Deerwood Drive, east of I -35E in the
SW 1/4 of Section 21 --This item was continued from the May 3 City Council meeting, at the
request of the applicant.
The Advisory Planning Commission conducted a public hearing on this matter at its meeting
of April 26,1994. The Advisory Planning Commission concurred with staff recommendation
to allow a waiver of plat creating two parcels only, one on each side of Deerwood Drive.
The commission felt that any further subdivision of the property south of Deerwood Drive
should be part of a,overall planned subdivision of the entire area in order to insure the
orderly and economic development of the property. Enclosed on pages through /3 2,
is`a copy of the staff report and Planning Commission minutes.
City staff has met with theapplicant and. his legal representative on numerous occasions
regarding this issue. Most recently, Mr. Gene Rechtzigel indicated that it was inappropriate
that the Planning Commission approve the plat creating two parcels only because the
request had been for three parcels.
ACIION,TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat to
create two parcels of the existing parcel 011-50, SW 1/4 of Section 21. Note that the
Planning Commission is recommending the approval of two parcels only, one on each side
of Deerwood Drive.
AGE 10/ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
WAIVER OP PLAT -
FRANZ R. R*CETSIGEL
Chairman Voracek opened the next, public hearing of the evening
regarding a Waiver of Plat in order to split Parcel 011-50 for
individual ownership located -along the north and south sides of
Deerwood Drive Oast ofI-35E in the SW 1/4 of Section 21.
Project Planner Ridley introduced this item. He stated that the
applicant is .requesting a Waiver of Plat to split43.5 acre parcel
into 4 parcel.. Is etatsd that the'subject site is.a Agriculturally
toned Located eipt-Of I -35E but physically divided by Deerwood Drive.
-Nr. Ridley explained that D.erwood.Drive Physicallyasparates the
northerly 3.4 acres from the southerly.40.1 acre. He advised that the
applicant originally submitted an application for Waiver of Plat in
order to.separate the northern portion from the southern portion as a
`result of Dserwood Drive. Mr. Ridley stated that the applicant,
however, has since revised his request to create 4 parcels consisting
of the 3.4 acres on the north Sid. of Deerwood Drive, a 5 acre parcel
of approximately 206 !_est of frontage along Deerwood Drive, a
rectangular -shaped parcel between the s acre pare*/ and Durwood
Drive, and the remaining 31.8 acres. Mr. Ridley stated that staff has
no concerns with the original waiver -of Plat 'request for 2 parcels,
hovevsr, the present application for Waiver of Plat of 4 parcels is
problematic for the following reasons:
1. .The southern 3.4 acre parcel proposed to be created is not a
result of a previous City action and it fails to mast the 5
acre minimum lot site for Agricultural districts;
_. The proposed 5 acre parcel does not have a 300 foot lot
width; and,
3. The driveway serving the 5 acre parcel, which contains a
house, connects to Deerwood Drive within the proposed
rectangular parcel.
Et. Ridley concluded that staff recommends approval of a Waiver of
Plat creating 3 parcels one one to the north of Deerwood Drive and the
other to the south of Deerwood Drive.
Dan Sheridan, attorney for the Estate of Francis C. Franz, was
present. jpr. Sheridan explained that the Estate currently owns the
property but Nt. Frans requested in his Will that the house and the
surrounding 5 acres be given to the applicant, Prank.)1. Rechtzigel.
Rs explained that when he originally met with City Planner Sturm six
'parcels were originally proposed. Noting that Mr. Sturm was reluctant
with six arcels, the applicant, according to Mr. Sheridan, then
proposed paresis to prohibit any landlocked lots. He stated that
City Planner Sturm showed no reluctance with the proposed 4 parcels.
//9
PAGE 11/ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
Mr..Sheridan explained that the applicant is. requesting to separate
this land in order to proceed with the probate matter. In response to
staff's Concerns regarding the 4 parcel split, Mr. Sheridan stated
that he is net aware of a 5 acre requirement in the Code where no
house shall Wait on"the proposed property. Be further stated that
the S'acre lot has a 523 foot lot width and is unaware of a
requirement of a 300 foot lot frontage.
Member Xerkley inquired as to where the 3 parcels south of
DeerWood Drive are proposed to be located. Th. applicant's son
advised that one Meal is to tho north of Durwood Drive, the second
parcel is 4 3.5 acre Parosi lust south and adjacent to Norwood
Drive, the third Parcel is a 5. acre parcel south of the 3.5 acre
parcel, and the fourth parcel is.the remaining area.
Member Willer asked why this matter was not handled pursuant to
the normal plat prOctss to whiCh City Attorney Dougherty stated that
the applicant asked .for a waiver from the normal plat procedures. He
further explained that if the-Ctsmission or City Council denies the
.rififlist. thin the. applicant Wi/l'have to proceed under the platting
Plrogedvraa. COMannity DevelopMent Director Reichert added that the
applicant originally asked, to Split the 'parcel into two parcels after
the P5r01 was Physically split by DeorwOod Drive. She further stated
that the applicant then asked for a multi -split of the southern land
and in such a case the applicant should be required to follow the
plat process.
The applicant's son stated that there is a pending sal. on the
parcel north of peerwood Drive and the 3.5 acre parcel south of
Deerwood Drive. We explained that the applicant originally asked for
•
two parcel split becauas the City indicated such a split would be
free of charge because of I-35E'e physical split of the parcel. The
applicant's son further stated that the City then communicated that
it would charge for the Waiver and that the City Council advised him
that if he was paying for 0 waiver he say as well divide the parcel
as naildid. Ma stated that city Planner Sturm *toted that to split the
land into four parcels instead a six Parcel* was no problem. He
further stated they do not intend to devolOp on the parcels, but are
only selling the parcels.
Member 510011 inguirad as to Whsther the 3 acre parcel could be
combinfid with * 5 inti Parcit for a Wit into 3 parcels. The
applicant Statad that he vas not agragable because a purchase
igriinent fir the 3 *ors Parosl vas pending. M4Mber Segal stated that
the applicant has made no showing of hardship to go through a Waiver
of Plat for four parcels.
taller acvadvilberg seconded, the motion to approve a Waiver of
Plat in Cedar to OPlit Parcil 034-50 tor individual Ownership located
along the north'ehd South sides of Deorwood Drive east of I -35E in
the SW 1/4 of Section 21.
111 present voted in favor. iicZ(:)
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: APRIL 12, 1994 CASE #: 21-W-3-3-94
APPLICANT: FRANK H. RECHTZIGEL HEARING DATE: APRIL 26, 1994
PROPERTY OWNER: ESTATE OF FRANCIS C. PREPARED BY: JIM STURM
FRANZ
REQUEST: WAIVER OF PLAT
LOCATION: SW 1/4 SECTION 21
COMPREHENSIVE: D -ll
PLAN
ZONING: A (AGRICULTURAL)
SUMMARY OF REQUEST
An application has been submitted requesting a Waiver of Plat in order to split Parcel
011-50, SW 1/4 of Section 21, into four parcels. The agriculturally -zoned site is located
along both sides of Deerwood Drive east of I -35E. No development will be occurring as
a result of this request.
AUTHORITY FOR REVIEW
City Code, Section 13.02, Subd. 2, Council Waiver, states:
'The Council, after review by the Planning Commission or after staff review
and approval of duplex lot splits, may waive compliance with any of the
provisions of this , Chapter by adoption of a resolution after compliance
with waiver provisions of thls Chapter which resolution shall specify which
provisions have been waived in any case:
1. In which compliance will involve an unnecessary hardship and
where failure to comply does not `interfere with the purpose of this
Chapter; or,
2. Where an approved plat can be achieved by deviation from
certain provisions of this Chapter."
f?I
Planning Report - Frank H. Rechtzlgel
AprU 26, 1994
Page 2
BACKGROUND
The entire site is approximately 43.5 acres. Deerwood Drive physically separates the
northerly 3.4 acres from the southerly 40.1 acres. MnDOT acquired the Deerwood right-
of-way and constructed a bridge over L -35E in the mid -1980's. At that time, it would have
made Sense to gkre the north and south sides different tax identifications; however, this
Was not done nO City action was required Last month, the applicant submitted an
application for Waiver of Plat in order to separate the northern portion from the southern
portion. The northern area will be sold andplatted for development by another party.
Since then, the applicant has revised his request to create four parcels: 1. One on the
north side of Deerwood Drive. 2) A five -acre parcel with approximately 106' of frontage
along Deerwood Drive. 3) A residual parcel between the five -acre parcel and Deerwood
Drive. 4) The remaining 31.8 acres.
This property was owned by the late Francis Franz. Five acres was to be willed to the
applicant, Mr. Rechttfgal, and the family trust governs the remaining property. No
configuration' of the five acres was previously determined in the will.
EXISTING CONDITIONS
Currently there is a single family home and pole building on the south side of Deerwood
Drive near the east property line. The site has a great deal of grade change and is
heavily -wooded on some hillsides. The highest spot on the site is at the southwest
portion of the southem side. The City would like to acquire that area for a future water
reservoir.
SURROUNDING LAND USES
The following uses,, Zoning and Comprehensive Guide Pian designation, surround the
subject site: north and west -1-35E; south undeveloped, zoned Agricultural and guided
D-11; east - undeveloped, zoned Agricultural, guided D41, with. a middle school currently
under construction.
EVALUATION OF REQUEST
A. Lot Sizes.
Agricultural districts require five acres per, dwelling unit; two of the proposed parcels do
not Meet this requirement. The Code iso requires a 300' minimum lot width and the
proposed five -acre parcel is only approximately 106' wide where it abuts Deerwood Drive.
Planning Report • Frank H. Rechtzlgel
April 26,1994
Page 3
Staff had no concern with the original proposal consisting of two parcels; however, the
following concerns are raised with the current proposal consisting of four parcels.
1. The southern 3.4 acre parcel that would be created is not just the result of a
previous action, and it would not meet the five -acre minimum lot size required for
Agricultural (A) zoning.
2. The proposed five -acre parcel does not have a 300' lot width.
The driveway serving the five -acre parcel containing the home actually connects
to Deerwood Drive on the proposed parcel to the north. If the five acres was
reconfigured along the east side of the site, all City Code requirements would be
satisfied (tithe driveway was relocated). This would also eliminate the southern 3.4
acre parcel.
B. Transportation impacts.
The Transportation .Plan element of the City's Comprehensive Guide Plan identifies the
need for a major north/south roadway connecting Diffley Road with Deerwood Drive
through the property proposed for subdivision under this Waiver of Plat. At this point,
without the benefit of any preliminary concepts for development which in tum would
identify a corridor for the north /south road connection to Deerwood Drive, it is premature
to support any subdivision of property located south of Deerwood Drive.
C. Water, Sewer, and Storm Drainage.
The City's Comprehensive Water Supply and Distribution Pian identifies the need for
approximately 3.0± acres for a 6 million gallon ground storage water reservoir to be
constructed in the southwesterly comer of the proposed Parcel g adjacent to I -35E. The
Water Supply and Distribution Plan also identifies a need for a major 16" north/south
trunk watermain to be installed through the property as well as the Oast/west connection
of an 18" trunk water line to complete the City's trunk watermain system from west of 135E
to the existing trunk watermain located on the Deerwood School property.
The City's Comprehensive Sewer Policy Pian identifies sewer service to this area as being
taken from the trunk sanitary sewer which exists along the easterly property line of the
Deerwood Elementary School. No sanitary sewer lateral exists adjacent to the property
proposed for subdivision under this Waiver.
/4:3
Planning Report - Frank H. Rechtzigel
April 26, 1994
Page 4
The City's Comprehensive Storm Water Management Pian identifies a ponding area to be
developed In the north central portion of the sitelocated south of Deerwood Drive. The
Stormwater Management Plan also identifies a need for a north/south trunk connection
to two proposed ponding areas located in the southerly adjacent property.
D. Future Subdivision/ Development:
The platting of the subject property into two parcels at this time, separated by Deerwood
Drive, can be . a fairly simple and straightforward matter . Further subdivision or
development of Parcel B, however, will require more careful planning and coordination
with the City to incorporate appropriate provisions for City thoroughfares, water reservoir,
and utillties/storm drainage as noted above. Specifically, prior to any future approvals
for grading, subdivision, or development of Parcel B, the following actions will be required.
1. - The property owner and City will need to agree on the Location of approximately
three acres In the southwesterly corner of the property to be acquired by the City
for construction of a 6.0 million gallon ground storage water reservoir.
2 The property owner and City will need to agree on the location and right-of-way
dimensions of the future north/south collector road between Deerwood and Diffley.
The property owner and City will need to agree on the size and location of ponding
and trunk sewer lines that must be located on the property consistent with the
City's comprehensive utility plans.
These agreements will need to be legally executed as part of a plat of the entire parcel
B. or, In the case that only a portion of Parcel B is to be platted (e.g. 5 acres), a legal
agreement between the property owner and the City to be recorded with the property title
and binding on any future owners.
SUMMARY/CQNCLUSION
No concerns or issues were raised by staff with the original proposal consisting of two
parols. The revised proposal consisting of four parcels creates a parcel under the five -
acre minimum, and a parcel without 300' of lot width'. As a result, the revised proposal
does not meet city zoning and subdivision requirements.
In addition, approval of any further subdivision of Parcel B will require further planning and
coordination between the property owner and City to ensure that adequate provision is
made for implementation of City thoroughfare and utility plans.
Planning Report - Frank H. Rechtzigel
April 26, 1994
Page 5
FIECOMMENDATION
Staff recommends approval of a Waiver of Plat creating two parcels only; one on each
side of Deerwood Drive.
las
FINANCIAL OBLIGATION - 21-W-3-3-94 10-02100-011-50
There are levied assessments with an unpaid balance of $0 which will he allocated to the
parcels created by this waiver of plat.
The financial obligation is subject to change based upon the areas and dimensions of the plat
contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed
fOr the property, the following charges are proposed. The charges are computed using the
City's adopted fee schedule and the connection and availability of the City's utility system based
on the submitted plans.
Improvement Use Rate Quantity Amount
Water Trunk S.F. $1,685/Ac 28.22 Ac $ 47,551
Storm Sewer Trunk S.F. .074/sq ft 1,229,263 sq ft 90.965
Total DAM
Areas are 80% of total parcel area.
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Agenda Information Memo
May 18, 1994 City Council Meeting
ONEW
REZONING/PRELIMINARY PLAT/WHISPERING WOODS 10TH ADDITION
A. Rezoning, Hilla, Inc., of 6.2 AG (Agricultural) acres to an R-1 (Single Family) District,
a Preliminary Plat, Hilla, Inc., Whispering Woods 10th Addition, consisting of 14 lots and
a Variance to allow a 20' front yard setback on Lots 3, 4, and 5, Block 1, located south of
Siater Road,. west of Storland Road in the SW 1/4--Hilla, Inc., has applied for a rezoning
of 6.2 acres from agricultural to R-1 (single family) and a preliminary plat consisting of 14
lots and one outlot on 62 acres and a variance request of 10 feet to the minimum front yard
setback of 30' for Lots 3, 4 and 5, Block 1. The site is located south of 125th Street and
west of the proposed Slater Road extension, in the SW 1/4 of Section 31. The Advisory
Planning Commission conducted a public hearing on this matter at its meeting of April 26,
1994. Numerous issues were raised by ad' cent residents as noted in the Planning
Commission minutes enclosed on pages rough Subsequent to the Planning
Commission meeting, the developer of th pr ject and a rough/27
Heritage Development
(next item) met with the residents on May 11, to discuss their concerns.
At the Planning Commission meeting questions were raised about how this development
would fit into the ultimate development of the entire area. A map of the entire ea and
the concept of the full development of Whispering Woods in enclosed on page The
Advisory Planning Commission recommended approval of the rezoning and preliminary plat,
subject to the nine conditions set forth in the Advisory Planning Commission minutes of
April 26, 1994. The commission also recommended approval of the variance to the front
yard setbacks on Lots 3, 4 and 5, Block 1.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning of 6.2
acres from agricultural to R-1 (single family) and a preliminary plat consisting of 14 lots on
6.2 acres with a variance to allow a 20' setback on Lot 3, 4, and 5, Block 1, located south
of Slater Road, west of Storland Road in the SW 1/4 of Section 31, subject to the nine
conditions set forth in the Planning Commission minutes.
X33
PAGE 17/ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
WHISPERING WOODS 10TH ADDITION -
HILLA, INC.
Chairman Voracek opened the next public hearing of the evening
regarding a Rezoning of 6.2 AG (Agricultural) acres to an R-1 (Single
Family) district and a Preliminary Plat consisting of 14 lots on 6.2
acres and a Variance to allow a 201 front yard setback on Lots 3, 4
and 5, Block 1 located south of Slater Road west of Storland Road in
the SW 1/4 of Section 31.
Project Planner Tyree introduced this item. She stated that the
applicant is requesting a rezoning of 6.25 acres from Agricultural to
R-1 and a preliminary plat consisting of 14 lots and one Outlot on
the subject property. She stated that the applicant is also
requesting a variance of 10 feet of the minimum front yard setback of
30 feet for Lots 3, 4 and 5 of Block 1. Ms. Tyree advised that the
subject property is located south of 125th Street and west of the
proposed Slater Road in the SW 1/4 of Section 31. She stated the
proposed lots meet the minimum lot size requirements. She advised the
Commission that the applicant is requesting a 10 foot setback
variance on the grounds that the severe topography and the existence
of a wetland located to the rear of Lots 3, 4 and 5 of Block 1 will
cause a hardship if required to have a 30 foot building setback. Ms.
Tyree further advised the Commission that the applicant is acceptable
to not platting Outlot A at this time in order to avoid tax
forfeiture. She stated that the proposed storm drainage and water
quality plan, the utilities plan and street design is acceptable to
staff. She concluded that staff recommends approval of the requested
rezoning and preliminary plat.
Scott Hilia, a representative of the applicant, was present but
made no presentation to the Commission.
A resident of 4893 Storland opposed the proposed development on
the grounds that the development will create too much additional
traffic from Slater Road onto Cliff Road. The resident opined that
the increase in traffic causes a dangerous situation. The resident
also stated that the development is not acceptable because the
applicant has filled wetlands, cut too many trees and installed a
concrete retaining wall.
A resident of.4888 Storland stated that she was a 4 1/2 year
resident of Eagan and moved to that area of Eagan because of the
tress. She opined that the applicant has overdeveloped the area. She
also stated that the development has cause increased traffic on
Storland, which is a dead end cul-de-sac, and cited three incidents
of intoxicated motorists driving off the road at the end of Slater
Road.
/3'1
PAGE 18/ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
A resident of 4859 Slater Road expressed concern regarding the
constant movement and changes in the topography in the area. She
further stated that the development is destroying the area's
characteristic "nature." The resident further expressed concern
regarding the presence of teenagers and trucks four -wheeling in back
of the pond and in the area of the Highwall Drive construction area.
She also stated that much vandalism has been occurring.
Mr. Hilla responded to the residents' concern stating that the
retaining wall was necessary to save the topography and trees along
Highwall Drive. He also stated that there are constant changes in the
topography, referring to stock piles of top soil and dirt, stating
that it was necessary to continually move the dirt to other areas in
order that they are not piled near or against trees. He also stated
that he is aware of teenagers hanging out in the construction area
along with four-wheel drive trucks going into the construction area.
He stated that they have also experienced theft problems with respect
to the construction equipment. Mr. Hilla advised the Commission that
he has taken many precautions to prevent vehicles from entering into
the construction area, citing placing boulders in front of the entry
areas,'but that these precautions have not always worked.
Merkley stated that he has no problems with the proposed
development and commended the applicant for his development of the
area and his efforts to save and preserve the trees, the topography
and the wetlands.
Member Miller noted that although he is sympathetic with the
residents' concerns, he recognizes these problems as problems of
development in general and not this particular development. He also
responded to the residents' concern with respect to the increase in
traffic and stated that all development will cause more traffic and
that increased traffic is just the nature of development.
Member Segal stated that the subject property and its surrounding
area is beautifully developed and he is looking forward to the
further development of the area.
Markley moved, Heyl seconded, the motion to approve a Rezoning of
6.2 AG (Agricultural) acres to an R-1 (Single Family) district
located south of Slater Road west of Storland Road in the SW 1/4 of
Section 31.
A11 present voted in favor.
Merkley moved, Heyl seconded, the motion to approve a Preliminary
Plat consisting of 14 lots on 6.2 acres located south of Slater Road
west of Storland Road in the SW 1/4 of Section 31, subject to the
following conditions:
13�
PAGE 19/ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
1. These standard condition of plat approval as adopted by
Council action on February 3, 1993 shall be complied with:
Al, Bl, B2, B3, B4, Cl, C2, C3, Di, El, F1, G1 and Hi
2. Individual lot tree preservation plans shall be provided at
the time of building permit application.
3.= Whispering Woods 10th Addition shall be subject to all State
wetland regulations.
4. The development shall be subject to the City's Water Quality
Ordinance.
5. The storm sewer line in Slater Road shall discharge into the
wetland in the backyard area of Lots 3, 4 and 5 of Block 1,
and the wetland shall be expanded to 0.25 acres at the NWL.
6. The watermain layout shall include a 6" watermain stub to
the east along the north edge of Lot 1 of Block 2 that will
provide a loop to the Cedar Heights development.
7. Street access for Lot 11 of Block 1 shall be provided off
the stub street Whispering High Road rather than Slater
Road.
e. The driveways for. Lots 1 through 10 of Block 1 and Lots 1, 2
and 3 of Block 2 are shown to have direct access to Slater
Road and these driveways shall includea turn -around to keep
the cars from backing out onto Slater Road.
9. Outlot A shall not be platted with this plat.
All present voted in favor.
Markley moved, Heyl seconded, the motion to approve a Variance to
allow a 20' front yard setback on Lots 3, 4 and 5, Block 1 located
south of Slater Road west of Storland Road in the SW 1/4 of Section
31.
All present voted in favor.
Bamber Miller inquired with the residents in the audience that if
the area was not developed what they would wish to see in the area. A
resident responded that they are not asking to not develop the land
but rather ask that the Coma ssion consider the protection of the
public safety, health and welfare, citing the residents' issues with
safety and preservation of the natural setting. The resident also
stated that they want a comprehensive development plan of the entire
area and followed throughout to go with the given nature setting of
the area.
/3',
PAGE 20/ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
Chairman Voracek asked Mr. Hilla if the applicant has a
comprehensive plan for the entire area to which Mr. Hilla stated that
they did. Voracek asked Mr. Halla if he has had any neighborhood
meetings or showed the area residents the comprehensive plan. Mr.
Hilla advised the Commission that he has held no neighborhood
meetings because "no one asked." Voracek suggested to Mr. Hilla that
be set up a meeting with the area residents and share the applicant's
comprehensive plans with them.
A resident of 3323 Country. Wood Court in Burnsville stated her
concerns with the changes in the topography and ponds. She further
expressed concern regarding the loss of trees and the potential
increase of the pond due to increased runoff.
Chairman Voracek stated that he urges the residents to attend the
May 18, 1994, City Council meeting.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: APRIL 20, 1994
CASE #: 31-RZ-28-12-93
31 -PP -36-12-93
31-V-4-3-94
APPLICANT: HILLA, INC. HEARING DATE: APRIL 26, 1994
PROPERTY OWNER DONALD J. HILLA PREPARED BY: S. TYREE
REQUEST: REZONING, PRELIMINARY PLAT, VARIANCE
LOCATION: SW 1/4 OF SECTION 31
PID #10-03100-013-53
COMPREHENSIVE PLAN: D -I SINGLE FAMILY RESIDENTIAL
(0-3 UNITS/ACRE)
ZONING: A - AGRICULTURAL
,SUMMARY OF REQUEST Hilla Inc. has applied for a Rezoning of 6.25 acres from
Agricultural to R-1 (Single Family); a Preliminary Plat consisting of 14 lots and 1 outlot on
6.25 acres; and a Variance request of 10' to the minimum front yard setback of 30' for Lots
3, 4 and 5, Block 1. The site is located south of 125th Street and west of the proposed Slater
Road in the SW 1/4 of Section 31.
AUTHORITY FOR REVIEW:
City Code Section 13.20 Subd. 6 states that "In the case of all platting, the Planning
Commission and City Council shall be guided by criteria, including the following, in
approving, denying or establishing conditions related thereto:"
A. That the proposed subdivision does comply with applicable City Code provisions and
the Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water
storage, and retention are such that the site is suitable for the type of development
or use contemplated.
i38
Planning Report - Whispering Woods 10th Addition
April 26, 1994
Page 2
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvements 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 judgement of court.
H. That completion of the proposed development of the subdivision can be completed
in a timely manner so as not to cause an economic burden upon the City for
maintenance, repayment of bonds or similar burden.
L That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook
on Solar Access).
J. That the design of public improvements for the subdivision is compatible and
consistent with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved
and filed with the office of the City Clerk hereinafter referred to as the "Water
Quality Management Plan". Said document and all of the notations, references and
other information contained therein shall have the same force and effect as if fully
set down herein and is hereby made a part of this Chapter by reference and
incorporated herein as fully as if set forth herein at length. It shall be the
responsibility of the City aerk to maintain the Water Quality Management Plan and
make the same available to the public.
BACKGROUND/HISTORY For the past several months, staff has been working with the
developers of both this proposal and Cedar Heights Addition, as well as the City of
Burnsville to formalize the alignment of Slater Road. The proposed street layout has been
agreed upon by both cities.
The platting of this project and the Cedar Heights project will dedicate the right of way
necessary for the completion of Slater Road. Currently Slater Road dead ends where
Storland Road intersects to the east, effectively making it one very long cul-de-sac. The very
southern end of Slater Road will connect with the existing Burnsville Parkway.
139
Planning Report - Whispering Woods 10th Addition
April 26,1994
Page 3
Over the years staff has worked with Hilla Inc. on their future Whispering Woods Additions
concept plan, trying to create viable solutions for some of the site development issues such
as topography, dense vegetation and street/ utility layout. This concept plan also showed
the development of 125th street connection as well.
EXISTING CONDITIONS
The site is characterized by rolling hills 'that are heavily wooded. The site has 50' of
elevation difference from the center of the site to the Slater Road/Storland Road
intersection. The acres to the east of this site were cleared for agricultural purposes. The
Whispering Woods area was not cleared of trees by the previous landowners.
SURROUNDING USE& The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North -
South -
East . -
West -
Single family homes; zoned R-1 single family; designated D -I single family.
City of Burnsville; single family homes; zoned R-1; designated D -I.
T.H. 77 and I -35E interchange.
vacant; zoned A; designated D -I.
VALUATION OF REQUEST
A. Introduction.
The development of Whispering Woods 10th Addition will appear as a southerly extension
of the Whispering Woods subdivision. While reviewing this plat over the past several
months the prominent issues have been: 1) Slater Road alignment and 2) water
quality/ponding issues related with the Cedar Heights Addition.
Since different developers own property on each side of the proposed Slater Road
cooperation has been vital for the formulation of these plats, and one of the reasons these
two developments are occurring simultaneously.
B. Rezoning Request.
The rezoning request made by the developer is consistent with the City's Comprehensive
Land Use Guide Plan designation of D-1 single family residential (0-3 units/acre). The
single family land use is compatible with the surrounding land uses. The concept plan for
the remaining undeveloped area was created to identify future platted single family lots and
address any issues related to the single family use. This was also helpful when planning the
street connections between Eagan and the City of Burnsville. Burnsville has single family
developments abutting Eagan on both the south and the west.
Planning Report - Whispering Woods 10th Addition
April 26, 1994
Page 4
C Preliminary Plat Review.
Density The net density of the development is 2.24 units/acre.
liati All proposed lots meet the 12,000 s.f. minimum lot size requirements for an R-1
zoning district. The lots vary in size from 12,000 s.f. to 16,719 s.f., the average lot size is
13,954 s.f Outlot A is 5,486 s.f Outlot A will be combined with a future lot. The purpose
of its development now is to allow the full length of Slater Road to develop.
Setbacks The developer is requesting a variance of 10' to the required 30' front yard
setback for Lots 3, 4, and 5, Block 1. The applicant stated in his letter explaining the
hardship for the variance the severe topography and wetlands located in the rear portion
of these Lots as the hardship. Hilla Inc. believes the variance to the setback requirement
will allow them to save trees, prevent filling of the wetland in the backyard, and maintain
proper grade.
Staff is supportive of these lots receiving 10' front yard variances. The City will be requiring
the existing wetland to expand in area, thus requiring more space. R the building pad
locations are shifted 10' closer to Slater Road, this will allow more space to be created for
the pond and save the existing trees.
Tree Preservation
The tree preservation plan submitted for this development indicates that almost 100% of
the site is wooded with red and white oak trees and also black cherry trees. A total of 218
significant trees are located within the plat boundary. The City's tree preservation
requirements were not applied to the trees that are proposed to be removed by the
extension of Slater Road. Even though the area where the road is to be constructed is
heavily wooded, the City feels that the alignment of Slater Road needs to be fairly straight
to handle the projected traffic volumes.
Grading/Wetlands The preliminary grading plan is acceptable and the development has
tried to minimize the removal of trees. According to the preliminary grading plan, the
developer plans to save approximately 2 acres of trees on this 6 acre site. The trees that
will be saved will primarily be in the backyard areas.
The grading that will be required to prepare this site for the buildings and street
construction will disturb approximately 4 acres of this 6 acre site. The maximum cuts shown
are 10 feet and the maximum fills are 8 feet.
Planning Report - Whispering Woods 10th Addition
April 26, 1994
Page 3
The developer has located and delineated one wetland on this site. A 0.14 acre shallow
marsh is located in the backyard area of Lots 3, 4 and 5 of Block 1. Filling or draining of
this wetland will be avoided. It will be expanded and used for storm water treatment
ponding.
This development shall be responsible for installing and maintain erosion control measures
in accordance with the City's Erosion/Sediment Control Manual standards. Special care
shall be taken to prevent erosion off of this'site into the adjacent trees and wetland that are
to be saved.
,Storm Drainage/Water Oualitt This development is located near the watershed divide
between the Gun Club Watershed District and the Blackdog Watershed District boundaries.
The preliminary drainage plan shows that storm water runoff from this development will be
directed to Pond AP -34 which is a high priority Class 2 water body in the City of Eagan.
Staff is recommending that the developer utilize the wetland located in the backyards of
Lots 3, 4 and 5 to treat storm water runoff from this site. To prevent further degradation
to Pond AP -34, staff is recoaunending that the wetland be expanded to 0.25 acres at the
NWL and the wetland be excavated to provide a wet pond depth of 4 feet. Then an outlet
will be provided from the wetland that would connect up to the existing storm sewer system
located in Storland Road. The Storland Road storm sewer system drains directly to Pond
AP -34.
=to The preliminary utility layout as presented is acceptable. Sanitary sewer of
sufficient size, capacity and depth is readily available to serve this site from an existing 8"
line that flows easterly along Storland Road. The preliminary utility plan shows that an 8"
sanitary sewer line will be extended in Slater Road from Storland Road to the south to serve
the proposed lots of this development. Waterniain of sufficient size, pressure and capacity
is also readily available to serve this site from an existing 8" watermain that is stubbed to
this site at the intersection of Storland Road and Slater Road. The preliminary utility plan
shows connecting to the 8" watermain stub and extending a line to the south in Slater Road.
This development will also be responsible for extending a 6' watermain to the east along
the north edge of Lot 1, Block 2, that will provide a loop of the watermain system through
the Cedar Heights development.
Street design/Ames' The preliminary street design and driveway layout is acceptable with
minor modifications. Street access is readily available to serve this site from Slater Road
which is a 44 foot wide street to the north and Burnsville Parkway to the south. The
preliminary street Iayout plan shows extending Slater Road to the south at a width of 36'
fromthe torland Road intersection and connecting at the south edge of the plat with
Burnsville Parkway which is in the City of Burnsville.
Planning Report - Whispering Woods 10th Addition
April 26, 1994
Page 6
The Whispering Woods 14th Addition developer has been negotiating with the Cedar
Heights developer to design an alignment for Slater Road that is acceptable to both
developments. The alignment of Slater Road will follow the east property line of this site
from the existing Slater Road stub in the northeast corner of the site and then southerly
through the Whispering Woods 10th Addition to the existing stub street of Burnsville
Parkway in the City of Burnsville. The extension of Slater Road to Burnsville Parkway will
provide a looping street in a southwesterly direction from Eagan through Burnsville.
Burnsville Parkway is a 2 -lane street with a width of 36 feet where the connection would be
made in the Tuxedo Park development in Burnsville. As Burnsville Parkway extends to the
southwest, the street widens to a 4 -lane street with concrete medians. The access for the
house on Lot 11, Block 1 should be provided off the stub street (Whispering High Road)
that heads to the west off Slater Road to minimize the accesses connecting to Slater Road.
Then a temporary cul-de-sac will need to be constructed at the west end of the stub street.
Lots 1 through 10 of Block 1 and Lots 1, 2 and 3 of Block 2 will have direct street access
to Slater Road. The driveways that connect to Slater Road shall include a turn around to
keep the cars from backing out onto Slater Road.
Easements/Right-of-Way/Permits - This development shall be responsible for dedicating
and obtaining 70 feet of right-of-way for Slater Road. The preliminary plat shows that half
of the right-of-way for Slater Road will be dedicated with the Whispering Woods 10th
Addition and the east half of the right-of-way will be dedicated with the Cedar Heights
development. The final plat of the Whispering Woods 10th Addition shall be coordinated
with the Cedar Heights development to allow the full right-of-way of Slater Road to be
dedicated. If the two developers are unable to plat at the same time and Whispering Woods
10th Addition plats first, then they will need to dedicate full right-of-way of 70 feet for
Slater Road.
This development will be responsible for providing drainage and utility easements over the
wetland/water quality pond up to 3 feet above the high water level. The easement shall
include that portion of the wetland that is located in the future development to the west of
Whispering Woods 10th Addition. This development will be responsible for obtaining all
regulatory agency permits such as MPCA, MWCC, Mn. Department of Health, City of
Burnsville, etc. prior to final plat approval.
Parks and Recreation, At the Parks Recreation, Natural Resources Commission
recommended a cash parks and cash trails dedication.
D. Compatibility with Surrounding Area. The areas surrounding this project are platted
as single family and this addition of 14 single family lots would be compatible to the existing
surrounding areas.
/c(3
Planning Report - Whispering Woods 10th Addition
April 26, 1994
Page 7
AY/CONCLUSION
Rezoning„ Rezoning of this 6.25 acre parcel from Agriculture to R-1 single family complies
with the Land Use Guide Plan and appears to be compatible as a logical continuation of
the same type of development which has occurred to this point. Therefore, it is the
conclusion of staff that the Rezoning request be approved.
Preliminary Plat. The Preliminary Plat as proposed substantially meets the findings as set
forth in Section 13.20 Subd 6. as outlined on pages 1 and 2 of this planning report. Based
on compliance with those findings staff is recommending that the Preliminary Plat for 14 lots
and 1 outiot for the Whispering Woods 10th Addition be approved.
RECOMMENDATION
A. Rezoning Request. To approve the request for Rezoning from Agricultural to R-1
single family.
B. Preliminary Plat. Staff recommends approving this Preliminary Plat subject to the
following conditions:
These standard condition of plat approval as adopted by Council action on February
3, 1993 shall be complied with:
Al, Bl, B2, B3, B4, Cl, C2, C3, D1, El, Fi, 01, H1
2. Individual lot tree preservation plans shall be provided at the time of building permit
application.
3. Whispering Woods Addition shall be subject to all State wetland regulations.
4. The development shall be subject to the City's Water Quality Ordinance.
5. The storm sewer line in Slater Road shall discharge into the wetland in the backyard
area of Lots 3, 4 and 5 of Block 1, and the wetland shall be expanded to 0.25 acres
at the NWL
6. The watermafn layout shall include a 6" watermain stub to the east along the north
edge of Lot 1 of Block 2 that will provide a loop to the Cedar Heights development.
7. Street access for Lot 11 of Block 1 shall be provided off the stub street Whispering
High Road rather than Slater Road.
l��
Planning Report - Whispering Woods 10th Addition
April 26, 1994
Page 8
& The driveways for Lots 1 through 10 of Block 1 and Lots 1, 2 and 3 of Block 2 are
shown to have direct access to Slater Road and these driveways shall include a turn-
around to keep the cars from backing out onto Slater Road.
C. Variance Request Staff recommends approval of the 10' variance to the 30' front
yard setback from Slater Road for Lots 3, 4, and 5, Block 1.
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 standards.
2 This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way es required by the alignment, depth, and storage
capacity of alt required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
This development shall dedicate alt public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by
the appropriate jurisdictional agency.
This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared In accordance with current City standards prior to final plat
approval -
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
it/
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
.1. If any improvements are to be installed under a City contract, the
appropriate project must be approved by Council action prior to final plat
approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall futfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Ouality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25. 1987
LTSos
STANDARD.CON
City Council
September 15. 1987
Revised: July 10. 199Q
Revised: February 2. 1993
FINANCIAL OBLIGATION - Whispering Woods 10th
There are pay-off balances of special assessments totaling SO on the parcels proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are no pending assessments on the parcel proposed for platting.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed
for the property, the following charges are' proposed. The charges are computed using the
City's current fee schedule and connections proposed to be made to the City's utility system
based on the submitted plans.
Improvement Use Rate Quantity Amount
Storm Sewer Trunk S/F .074/sq ft 195,128 sq ft 514.432
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Agenda Information Memo
May 18, 1994 City Council Meeting
REZONING/PRELIMINARY PLAT /CEDAR HEIGHTS
B. Rezoning, Heritage Development of 17.7 AG (Agricultural) Acres to an R -1 (Single
Family) district and a Preliminary Plat, Heritage Development, Cedar Heights, consisting
of 39 lots, located south of Storland Road, east of Slater Road in the SW 1/4 of Sec 31 --
Heritage Development is requesting a rezoning of 17.7 acres from agricultural to R -1 (single
family) and a preliminary plat consisting of 39 single family lots on 17.7 acres, located south
of Storland Road and west of T.H. 77 and I -35E in the SW 1/4 of Section 31. The Advisory
Planning Commission conducted a public hearing on this proposed rezoning and preliminary
plat at its meeting April 26, 1994. Minut s of the P1.1 i • s . Commission meeting, along with
the staff report, are included on pages ( rough ,It, This proposed subdivision was
also discussed with the neighbors at a eetmg held e n May 11, 1994.
/6/
The Advisory Planning Commission recommends approval of the rezoning and the
preliminary plat. The commission added two conditions to the preliminary plat for
consideration by the City Council: conditions 12 and 13.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning of 17.7
acres from agricultural to R -1 (single family) and a preliminary plat consisting of 39 single
family lots on 17.7 acres of the Cedar Heights subdivision, subject to the 13 conditions
recommended by the Advisory Planning Commission.
PAGE 21 /ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
CEDAR Known -
HERITAGE DEVELOPMENT
Chairman Voracek opened the next public hearing of the evening
regarding a Rezoning of 17.7 AG (Agricultural) acres to an R -1
(Single Family) district and a Preliminary Plat consisting of 39 lots
on 17.7 acres located south of Storland Road east of Slater Road in
the SW 1/4 of Section 31.
Project Planner Tyree introduced this item. She stated that the
applicant has applied for rezoning of 17.7 acres from Agricultural to
R -1 and a preliminary plat consisting of 39 single family lots on the
subject property which is located south of Storland Road and west of
Highway 77 and I -35E in the SW 1/4 of Section 31. She stated that the
requested rezoning designation is consistent with the City's
Comprehensive Land Use Guide Plan which is designated D -1. Ms. Tyree
stated that single family land uses was compatible with the
surrounding land uses. She explained that the proposed net density
for the project is 2.6 acres /unit, that all proposed lots meet the
minimum size requirements and building setback requirements, and that
the proposed storm drainage /water quality, utility plan and
preliminary street layout is acceptable to staff. She noted the
extension of Slater Road into Burnsville Parkway will be a two lane
street with a width of 36 feet with the connection being made in the
Tuxedo Park development in Burnsville. She further stated that
although the site abuts the Cedar /Highway 77 and I -35E interchange,
the developer is working with MnDOT to obtain a larger area for
berming and landscaping in the rear yards of those lots which abut
the highways. Ms. Tyree concluded that staff recommends approval of
the rezoning and preliminary plat requests.
John Dobbs, a representative of Heritage Development, stated that
the applicant has no objections to any of the staff's
recommendations. He noted that he recently did receive a call from a
resident in the area of the development and explained to her that he
would be more than happy to meet with her or the other residents for
any questions they may have.
A resident of 4894 Woods Court stated she was concerned with the
increased traffic on Slater Road that may occur as a result of 39
additional homes in that area. She also expressed concern regarding
access onto Cliff Road from Slater Road with the additional
households in that area. The resident further stated that she is
concerned Slater Road will become "an interstate" as a cut - through
from Burnsville Parkway to Cliff Road. The resident further expressed
concern regarding the developer's removal of a large wetland with the
replacement of a much smaller pond to the east. The resident asked
the Commission to postpone its decision on this matter until the
residents can meet with the developer for the purpose of an
information meeting.
PAGE 22 /ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
A resident of 4893 Storland concurred in the request for a
postponement of this item for time to review the developer's
comprehensive plan.
Another resident of Wood Court expressed concern regarding the
increase of noise from I- 35E,:Cedar Avenue and the airport as a
result of: cutting down the hill on the subject property. He also
inquired as to the value of the homes.
Dave Sieg stated that he was the owner of a parcel of land near
the subject property. He stated. that the applicant's request should
be approved along with Whispering Woods loth Addition.
A resident of 2187 Ruston Road also inquired as to the value of
the homes in the proposed development.
Mr. Dobbs responded to the residents' inquires and concerns,
stating that the topography of the subject property will not be
flattened out but instead the developer will preserve the slopes and
meet all City Code requirements. He also advised that the applicant
will be installing berms along the top of the slope adjacent to the
highways and have been working with MnDOT in order to do so. With
respect to the proposed home values, he stated that the lots will
range in the mid- $40,000, and the houses will be $160,000 and up.
Member Miller inquired of Mr. Dobbs as to whether the applicant
would be willing to meet with the residents if they so desired before
the City Council meeting as a condition of the Commission's
recommended approval.
Mr. Dobbs stated that he had no objection meeting with the
residents nor making it a condition of the recommended approval of
the Commission.
Member Segal suggested that public work staff also be at the
neighborhood meetings to address traffic and street concerns.
Assistant City Engineer Foertsch addressed the residents' traffic
concerns, stating that Slater Road is characterized as a
"neighborhood collector street" designed to gather trips from
neighborhood collector streets to a community collector street. He
also stated that between Storland and Burnsville Parkway, Slater Road
will be narrower than the existing Slater Road. Mr. Foertsch stated
that it was estimated that 390 trips will be made between Burnsville
Parkway and Storland, which includes trips by service vehicles such
as garbage and mail trucks. He stated that the current traffic
numbers on Slater Road are unknown but he can get a traffic study
completed before the City Council meeting.
PAGE 23 /ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
The resident of 4859 Slater Road noted that the increase in
traffic on Slater. Road between Burnsville Parkway and Storland will
not be ust 39 homes of this development but must also include
Whispering Woods 10th Addition and Joe Miller's development. She
again restated her concerns with respect to the crime and vandalism
issues in her neighborhood. She_requested that this matter be
postponed until City officials can give attention to these issues.
Member. Miller advised the resident that the Commission only
recommends approval to the City Council, it does not approve the
applioant's request.
Chairman Voracek concurred with Member Miller. He further stated
that because the proposal meets City Code and that no health, safety
or welfare issues support denial of the proposal, he will recommend
approval of the applicant's request.
Member Heyl stated that she supports the applicant's request,
citing that the proposed rezoning is consistent with the
Comprehensive Guide Plan and the surrounding, existing uses. She
further stated that she supports the requested preliminary plat,
citing that public health, safety. and welfare is not an issue because
the developer has considered and acted on concerns regarding the
environment, wetland, and noise abatement. Heyl further stated that
an increase in traffic is just a part of development and progress.
Hey1 moved, Markley seconded, the motion to approve a Rezoning of
17.7 AG (Agricultural) acres to an R -1 (Single Family) district
located south of Storland Road east of Slater Road in the SW 1/4 of •
Section 31.
All present voted in favor, except Wallace who opposed.
Member Miller requested that condition #10 be amended to prohibit
storage within the turn - around. Member Heyl objected to this
amendment. City Attorney Dougherty advised the Commission that a
condition of the preliminary plat approval may be that the developer
agreed to prepare and record a land covenant prohibiting outdoor
storage within the turn - around area. Mr. Dobbs stated that he had no
objection to such covenant.
Heyl moved, Miller seconded, the motion to approve a Preliminary
Plat consisting of 39 lots on 17.7 acres located south of Storland
_Road east of Slater Road in the SW 1/4 of Section 31, subject to the
following conditions:
1. These standard conditions of plat approval as adopted by
Council action February 3, 1993 shall be complied with:
Al, B1, B2, B3, B4, Cl, C2, C3, C4, D1, El, F1, G1 and H1
PAGE 24 /ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
2. A variance of 243.9' to the maximum cul -de -sac length be
approved as a part of this plat.
3. The landscaping shall be subject to the same requirements as
outlined in Chapter 11.10 Subd. 15B.3a - e.
4. The landscape plan shall be revised to indicate City Code
minimum species size requirements.
5. Cedar Heights Addition shall be subject to all State wetland
regulations.
6. The development shall be subject to the City's Water Quality
Ordinance.
7. The developer will be responsible for submitting detailed
plans and specifications for the construction of the
retaining wall for staff review prior to issuance of a
grading permit.
8. The developer shall add a 6 -foot high berm to the backyard
area of Lot 16 and 17, Block 2, to help screen the adjacent
I -35E.
9. Street access for Lot 3, Block 1, and Lot 4, Block 2, shall
be provided to Marilyn Avenue rather than Slater Road.
10. The driveways for Lots 1, 2 and 3, Block 2, are shown to
"have direct access to Slater Road and these driveways shall
include a turn - around to keep the cars from backing out onto
Slater Road.
11. The proposed development shall meet the tree preservation
requirements of the Natural Resources Committee findings.
12. The developer shall meet with the neighborhood residents, if
they so request, prior to the May 18, 1994, City Council
meeting and the developer shall notify City staff of such
meeting.
13. A land covenant must be recorded by the developer that
prohibits outdoor storage within the turn- around areas of
the driveways for Lots 1, 2 and 3 of Block 2.
All present voted in favor.
AUTHORITY FOR REVIEW:
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: APRIL 19, 1994 CASE #: 31- PP- 8 -3 -94
31 -RZ-7 -3-94
APPLICANT: HERITAGE DEVELOPMENT HEARING DATE: APRIL 26, 1994
PROPERTY OWNER DAVID SIEG PREPARED BY: S. TYREE
REQUEST: REZONING AND PRELIMINARY PLAT
LOCATION: SW 1/4 OF SECTION 31.
PID # 10- 03100 - 014-77
COMPREHENSIVE PLAN: D -I SINGLE FAMILY
ZONING: A - AGRICULTURAL
SUMMARY OF REQUEST Heritage Development has applied for a Rezoning of 17.7 acres
from Agricultural to R -1 (Single Family) and a Preliminary Plat consisting of 39 single
family lots on 17.7 acres Iocated south of Storland Road and west of TH 77 and I -35E in
the SW 1/4 of Section 31.
City Code Section 13.20 Subd. 6 states that "In the case of all platting, the Planning
Commission and City Council shall be guided by criteria, including the following, in
approving, denying or establishing conditions related thereto:"
A. That the proposed subdivision does comply with applicable City Code provisions and
the Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water
storage, and retention are such that the site is suitable for the type of development
or use contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvements is not likely to
cause environmental damage.
Planning Report - Cedar Heights Addition
April 26, 1994
Page 2
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 judgement of court.
I3. That completion of the proposed development of the subdivision can be completed
in a timely manner so as not to cause an economic burden upon the City for
maintenance, repayment of bonds or similar burden.
That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook
on Solar Access).
J. That the design of public improvements for the subdivision is compatible and
consistent with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved
and filed with the office of the City Clerk hereinafter referred to as the "Water
Quality Management Plan'. Said document and all of the notations, references and
other information contained therein shall have the same force and effect as if fully
set down herein and is hereby made a part of this Chapter by reference and
incorporated herein as fully as if set forth herein at length. It shall be the
responsibility of the City Clerk to maintain the Water Quality Management Plan and
make the same available to the public.
EXISTING CONDITIONS This site is primarily an open field that was used for agricultural
purposes. There are some wooded areas along the western property line of the proposed
plat. MnDOT purchased the east half of the Sieg Farm property for the construction of 1-
35E and the Cedar Avenue freeway. The remaining portion will be developed with this
application.
BACKGROUND/HISTORY There have been no previous development applications
associated with this property. For the past several months, staff has been working with the
developers of both this proposal and Whispering Woods 10th Addition, as well as the City
of Burnsville to formalize the alignment of Slater Road. The proposed street layout has
been agreed upon by both cities. The platting of this project and the Whispering Woods
10th Addition will dedicate the right of way necessary for the completion of Slater Road.
( 6?
Planning Report - Cedar Heights Addition
April 26, 1994
Page 3
SURROUNDING USES, The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North -
South -
East -
West -
Single family homes; zoned R -1 single family; designated D -I single family.
City of Burnsville; single family homes; zoned R -1; designated D -L
TH 77 and I -35E interchange.
vacant; zoned A; designated D -I.
EVALUATION OF REOUEST
A. Introduction. Cooperation between the developers has been vital to accomplishing the
simultaneous platting of both their developments including the improvement of Slater Road.
With the development of Cedar Heights Addition, one half of the right -of -way will be
dedicated for the final portion of Slater Road, connecting Slater Road with Burnsville
Parkway. Hilla Inc. is also requesting a rezoning and a preliminary plat to plat the property
adjacent to the west, (Whispering Woods 10th Addition) the other half of the right -of -way
dedication necessary to complete this road will be dedicated with that plat.
B. Rezoning Request. The rezoning request made by the developer is consistent with the
City's Comprehensive Land Use Guide Plan designation of D -1 single family residential (0-3
units /acre). The single family land use is compatible with the surrounding land uses.
C. Preliminary Plat Review.
Density, The net density for the project is 2.6 units /acre.
1,211, All proposed lots meet the 12,000 s.f. minimum size requirements for an R -1 zoning
district. The lots vary in size from 12,000 s.f. to 33,513 s.f. and the average lot size is 16,298.
Baiter The proposed building pads meet the R -1 setback requirements. No building
setback variances have been requested.
Tree Preservation The City's tree preservation requirements were not applied to the trees
that are proposed to be removed by the extension of Slater Road. Even though the area
where the road is to be constructed is heavily - wooded, the City feels that the alignment of
Slater Road needs to be fairly straight to handle the projected traffic volumes.
The tree preservation plan submitted for this development indicates that a total of 48
significant trees and 10,650 s.f. of significant woodlands currently exist on site Tree species
are dominated by oaks from 8" to 28" in diameter, and a small percentage of others
including cherry, willow, cottonwood and spruce trees.
l eg
Planning Report - Cedar Heights Addition
April 26, 1994
Page 4
The plan shows that initial site development will result in the loss of 18 significant trees or
373% of the total and the loss of 7,900 s. f. of significant woodlands (742%). As planned
mitigation for the tree loss will be achieved through the planting of 35 Category B trees (2
1/2" diameter) or 70 Category C trees (1/2" diameter).
In addition, the developer is proposing to remove 8 significant trees from Lot 1, Block 1
during initial site development. If this is done the totals increase from 37.5 tree loss to
542% It is the recommendation of the Parks, Recreation and Natural Resources
Commission that the 8 trees remain and are taken if necessary during individual lot
development.
The Natural Resources Commission subcommittee will be reviewing this plan for further
compliance to the Tree Preservation Plan.
Landscaping In an attempt to provide buffering from the highway interchange the
developer has submitted a landscape plan showing buffering along the rear portions of Lots
16 through 30, Block 2. The buffering is a combination of a berm and landscaping. The
plant materials listed are Black Hills Spruce, White Pines, American Linden, Pin Oaks, and
Cockspur Hawthorne.
Grading/Wetlands - The grading plan is acceptable, however, because of the steep slopes
and since the majority of this site will be disturbed by the grading, there will be a high
potential for erosion on this site The existing terrain contains a hill in the center of the site
at elevation 1036. The low point of this site is adjacent to Storland Road at elevation 954.
Three wetland basins were located and delineated by the developer. Wetland Basin A
which is 0.17 acres and located in the southeast corner of Storland Road and Slater Road
will be impacted by the grading required to extend Slater Road to the south. The developer
proposes to save a portion of the wetland and the significant trees that are in the adjacent
upland areas along Basin A.
The developer is proposing to fill wetland Basin C which is located in the area where
Marilyn Avenue will be constructed. The area of wetland Basin C is 0.09 acres and it is a
seasonally flooded basin /shrub swamp. Since the wetland is under 0.1 acres, staff feels that
the proposed filling will be acceptable if adequate replacement is provided. The developer
proposes ` to provide a replacement wetland in the area adjacent to wetland Basin B.
Wetland Basin B is 0.12 acres and located along the south edge of Storland Road. Wetland
Basin B is shown to be excavated to provide the water quality treatment basin for this
development.
(Qci
Planning Report - Cedar Heights Addition
April 26, 1994
Page 5
The grading that will be required to prepare this site will involve a considerable amount of
excavation. The preliminary grading plan shows a cuts of 22 feet in the center of this site
Also, a considerable amount of excavation will be required to construct the water quality
treatment basin which is to be located along the south edge of Storland Road. The
maximum area of fill is shown to be located along the south end of the Rusten Road cul -de-
sac. This area is shown to have 18 feet of fill placed where the house pad would sit for Lot
16, Mock 2. Therefore, the house pad on Lots 16 and Lot 17 will be 26 feet higher than the
adjacent I -35 Freeway. City staff recommends that a 6 foot high berm be added along the
backyard lot line of Lots 16 and 17 to help screen the lots from the freeway. The
preliminary grading plan shows that a 30-40 foot wide stretch along the MnDOT right -of-
way line is shown to be graded on MnDOT property. The developer will need to obtain
MnDOTs permission before any grading will occur on MnDOT right -of -way. The developer
proposes to do this grading on the MnDOT right -of -way to add a 6 -foot high berm in the
backyard area of Lots 27 and 28, Block 2, and also to create a flatter backyard area in the
area of Lots 22 -25.
A 4' high retaining wall is shown to be constructed in the backyard of Lot 13, Block 2. The
developer will be responsible for submitting detailed plans and specifications covering the
construction of the retaining wall prior to issuance of a grading permit.
Porn' Drainage/Water Quality - The majority of this site drains to be north and will
eventually discharge to Pond AP -34 which is a Class II indirect contact recreation water
body that is one of the two highest priority water bodies in drainage Basin A. Without on-
site ponding to treat storm water draining from this site to Pond AP -34, the City's
nondegradation standard for recreational class water bodies would be violated. Staff is
recommending that all storm water runoff generated from this site that will eventually
discharge to Pond AP -34 be treated using an on -site water quality pond. The City's Water
Quality Management Plan requires this pond must have a minimum pollutant removal
efficiency of 70%. The storm water runoff from this site shall discharge into the first cell
of the water quality pond that has a surface area of 0.15 acres at the NWL The first cell
will then discharge into the second cell of the water quality pond that has a surface area of
0.25 acres.
The second cell will be designed to meet the wetland replacement mitigation requirements
for this site.
The preliminary grading plan shows that the backyard area of Lots 15, 16, and 17, Block 2,
which consists of approximately 1 acre, will drain south to Burnsville.
(
Planning Report - Cedar Heights Addition
April 26, 1994
Page 6
Utilities - The sanitary sewer and water main layout is acceptable. The preliminary utility
plan shows connecting to an existing 8" sanitary sewer line that is located along the south
edge of Storland Road in two locations. The first location is at the intersection of Rusten
Road and Storland Road, and the second location is at the intersection of Slater Road and
Storland Road. The two sanitary sewer lines will then be extended to the south to serve the
proposed lots of this development.
The preliminary water main layout plan shows connecting to the existing 6" water main in
Storland Road at the Slater Road and Rusten Road intersections. The water main layout
for this development will include a loop from the south end of the Rusten Road cul -de -sac
in between Lots 14 and 15, Block 2, over to Slater Road as shown on the preliminary utility
plan.
Water services for Lots . 1 and 2, Block 1, will require the removal and replacement of
Storland Road as the 1" water services are extended across the street to the existing 6" water
main.
Access /Street Design - The preliminary street layout is acceptable. The Cedar Heights
developer has been negotiating with the Whispering Woods 10th Addition developer to
design an alignment for Slater Road that is acceptable to both developments. The
alignment of Slater Road will follow the west property line of this site from the existing
Slater Road stub in the northwest corner of the site and then southerly through the
Whispering Woods 10th Addition to the existing stub street of Burnsville Parkway in the
City of Burnsville. The extension of Slater Road to Burnsville Parkway will provide a
looping street in a southwesterly direction from Eagan through Burnsville. Burnsville
Parkway is a 2 -lane street with a width of 36 feet where the connection would be made in
the Undo Park development in Burnsville. As Burnsville Parkway extends to the
southwest, the street widens to a 4 -lane street with concrete medians. The existing portion
of Slater Road to the north of this development is a 44 -foot wide street. Slater Road and
Storland Road were constructed by MnDOT in the early 1980's with the Cedar Avenue/I-
35E Freeway project. The construction of Slater Road and Storland Road was necessary
to provide access to the homes in the Norvin Oaks area to the north of this development.
This development will be responsible for adding concrete curb and gutter along the south
edge of Storland Road to complete the construction of this street. Lots 1, 2 and 3, Block
2, propose driveway access to Slater Road. These driveways shall include a turn- around.
The access for Lot 3, Block 1, and Lot 4, Block 2, shall be provided to Marilyn Avenue
rather than to Slater Road.
l�l
Planning Report - Cedar Heights Addition
April 26, 1994
Page 7
The preliminary street layout plan shows that the Rusten Road cul -de -sac will be
constructed southerly from the Marilyn Avenue intersection. The plans show the cul -de -sac
as 743.9' in length, exceeding the maximum cul -de -sac Iength by 243.9'. The developer is
requesting a variance of that amount in excess to the 500' maximum requirement. The
proposed cul -de -sac will provide access to 18 lots. Staff is recommending that the cul -de -sac
length be approved as requested.
Easements/Right- Of- Way/Permits This development shall be responsible for dedicating
70 feet of right -of -way for Slater Road. The dedication of half of the right -of -way is shown
to be provided with the Cedar Heights development and the west half of the right -of -way
for Slater Road is shown to be dedicated with the Whispering Woods 10th Addition
development. The final plat of Cedar Heights should be coordinated with the Whispering
Woods 10th Addition to allow the full right- of-way of Slater Road to be dedicated. If the
two developers are unable to plat at the same time and the Cedar Heights development
plats first, then they will need to dedicate full right -of -way of 70 feet for Slater Road. The
final plat for Cedar Heights shall include dedicating utility easements over wetland Basin
A and wetland Basin B which will be water quality treatment pond for this development.
This development will be responsible for ensuring that all regulatory agency permits
(MPCA, Mn. Dept. of Health, MWCC, MnDOT) are obtained prior to final plat approval.
Parks and Recreation The Parks, Recreation, and Natural Resources Commission at its
April 19, 1994 referred this item to their Natural Resources Sub - Committee which will have
recommendations for the full Commission to base their decision on. This will occur at their
May 16, 1994 meeting.
Compatibility with Surrounding Area Although the site abuts the Cedar and I -35E
interchange where highway traffic noise is a reality, the developer is making an effort by
berating and landscaping the rear yards of those lots with the types of landscaping which will
help minimize adverse impacts of public nuisances such as noise.
The preliminary plat for single family homes is consistent with the City's Comprehensive
Land Use Guide Plan designation of D -1 single family (0.3 units /acre). Burnsville has also
platted single family homes abutting Eagan.
SUMMARY/ CONCLUSION
Rezoning Rezoning of this 17.7 acre parcel from Agriculture to R -1 single family complies
with the Land Use Guide Plan and appears to be compatible as a logical continuation of
the same type of development which has occurred to this point. Therefore, it is the
conclusion of staff that the Rezoning request be approved.
Planning Report - Cedar Heights Addition
April 26, 1994
Page 8
Preliminary Plat The Preliminary Plat as proposed substantially meets the findings as set
forth in Section 13.20 Subd 6. as outlined on pages 1 and 2 of this planning report. Based
on compliance with those findings staff is recommending that the Preliminary Plat for 39 lots
for the Cedar Heights Addition be approved.
RECOMMENDATION
Rezoning To approve the Rezoning of 17.7 acres from Agricultural to R -1 (Single Family)
for the Cedar Heights Addition.
PreUninary Plat To approve the Preliminary Plat subject to the following conditions.
1. These standard conditions of plat approval as adopted by Council action February
• 3, 1993 shall be complied with:
Al, Bl, B2, B3, B4 , Cl, C2,C3,C4,D1, El, Fl, 01, and Hl.
2. A variance of 243.9' to the maximum cul -de -sac length be approved as a part of this
plat.
The Landscaping shall be subject to the same requirements as outlined in Chapter
11.10 Subd. 15.B.3a - e.
4. The landscape plan shall be revised to indicate City Code minimum species size
requirements.
5. Cedar Heights Addition shall be subject all State wetland regulations.
6. The development be subject to the City's Water Quality Ordinance.
7. The developer will be responsible for submitting detailed plans and specifications for
the construction of the retaining wall for staff review prior to issuance of a grading
permit.
The developer shall add a 6 -foot high berm to the backyard area of Lot 16 and 17,
Block 2, to help screen the adjacent I -35E.
Street access for Lot 3, Block 1, and Lot 4, Block 2, shall be provided to Marilyn
Avenue rather than SIater Road.
/7 3
Planning Report - Cedar Heights Addition
April 26, 1994
Page 9
10. The driveways for Lots 1, 2 and 3, Block 2, are shown to have direct access to Slater
Road and these driveways shall include a turn- around to keep the cars from backing
out onto Slater Road.
II. The proposed development shall meet the tree preservation requirements of the
Natural Resources Committee findings.
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.
Easements and Rights -of -Way
1. This development shall dedicate 10-foot drainage and utility easements
centered over all lot lines and, In addition, where necessary to
accommodate existing or proposed utilities for drainage ways within the
plat. The development shall dedicate easements of sufficient width and
location as determined necessary by engineering standards.
This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights -of -way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right -of -way and temporary slope
easements for ultimate development of adjacent roadways as required by
the appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
A detailed grading, drainage, erosion, and sediment control plan must be
prepared In accordance with current City standards prior to final plat
approval.
This development shalt ensure that all dead -end public streets shall have a
cul -de -sac constructed in accordance with City engineering standards.
(7(
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
.1. If any improvements are to be installed under a City contract, the
appropriate project must be approved by Council action prior to final plat
approval.
E. armila
1. This development shalt be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
. 1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
H. Other
Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission City Council
Approved: August 25. 1937 September 15. 1987
Revised: July 10. 1990
Revised: February 2. 1993
LTS#5
$TANDARD.CON
(7(1
FINANCIAL OBLIGATION - Cedar Heights
There are pay -off balances of special assessments totaling $140,504 on the parcels proposed
for platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are no pending assessments on the parcel for platting.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and Iand uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed
for the property, the following charges are' proposed. The charges are computed using the
City's existing fee schedule and connections proposed to be made to the City's utility system
based on the submitted plans.
Improvement
Use Rate Quantity Amount
None ..414
( -'7
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Agenda Information Memo
May 18, 1994 City Council Meeting
PRELIMINARY PLAT /DU ASSOCIATES/VILLAS OF VIOLET LANE
C. Preliminary Plat, DLL Associates, Villas of Violet Lane, Consisting of 14 Lots for seven
duplex buildings on 4.6 previously zoned R -2 (Double) acres, located along the west side
of Federal Drive, south of Violet Lane, in the NE 1/4 of Sec 16 - -DLJ Associates is
requesting approval of a preliminary plat for 14 lots located on 4.56 acres for 7 twin homes
located along the west side of Federal Drive, south of Violet Lane. David L Johnson is
proposing a preliminary plat consisting of 14 lots on 436 acres zoned R -2 to accommodate
7 twin homes. The property is located along the west side of Federal Drive, south of Violet
Lane.
The Advisory Planning Commission conducted a public hearing on this matter at its meeting
of April 26, 1994. 4/ minutes of the Planning Commission and the staff report are
included on pages hrough a Advisory Planning Commission is recommending
approval of the pre r; ` ary plat, su ject to the 13 conditions set forth in the minutes.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat,
consisting of 14 Iots for seven duplex buildings on 4.6 acres zoned R -2, located along the
west side of Federal Drive, south of Violet Lane in the NE 1/4 of Section 16, subject to the
13 conditions set forth in the Planning Commission minutes.
PAGE 25 /ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
VILLAS OP VIOLET LAME -
DLJ ASSOCIATES
Chairman Voracek opened the next public hearing of the evening
regarding a Preliminary Plat consisting of 14 lots for seven duplex
buildings on 4.6 previously zoned R -2 (Double) acres located along
the west side of Federal Drive south of Violet Land in the NE 1/4 of
Section 16.
Project Planner Ridley introduced this item. He advised that the
applicant is seeking a preliminary plat approval for 14 lots on 4.56
acres for seven twinhomes. He stated that the property is located
along the west side of Federal Drive, south of Violet Lane. Mr.
Ridley stated that the applicant held an informational neighborhood
meeting on April 7, 1994,.at which few area residents attended. He
stated that the gross density of the proposed development is 3.04
units /acre with a net density of 3.5 units/acre. He further stated
that all proposed lots exceed the minimum lot size requirements for
R -2 zoning. In addition, all building, parking and drive aisle
setbacks meet City Code. Mr. Ridley stated that the proposed twinhome
development will serve as a transitional land use between the
established single- family to the south and the high density use to
the north. The undeveloped property is zoned and guided similarly to
the subject property and therefore, according to Mr. Ridley, future
development of this area should be compatible. He concluded that
staff recommends approval of this requested preliminary plat. He
further noted that the west boundary line of the proposed development
is presently uncertain.
Greg Frank, a representative of the applicant, gave a brief
background of the project, including the location and zoning of the
subject property and the surrounding properties. Mr. Frank stated
that he is aware of the potential traffic problems for access onto
Federal Drive and therefore the majority of the lots will have access
via Violet Lane. He stated that the applicant concurs with staff's
report and recommendations except with respect to conditions #3, #9,
011 and #12. Mr. Frank requested the Commission to recommend a
deletion of condition #3 on the grounds that the property's natural
topography creates its own screening from the surrounding properties.
In support of his contention, Mr. Frank presented the Commission with
a cross - section drawing of the site lines between certain lots in the
subject plat and its adjacent property..He further stated that the
architectural design of the twinhomes is very similar to that of a
single family home and therefore no berms are necessary to hide or
screen the twinhomes from the surrounding single family homes. With
respect to condition #9, Mr. Frank noted that the applicant's
submitted landscaping plan already provides for the planting of 24
Category B or 48 Category C trees. With respect to condition #12, Mr.
Frank objects to the requirement of concrete curb and gutter for any
private drive servicing more than 4 units. He indicated that this
/Pt
PAGE 26 /ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
requirement would apply to those twinhomes fronting Federal
indicated that if curb and gutter would remain a condition,
applicant will then move Lots 1 and 2's access onto Federal
David Johnson, the applicant, explained that the market
proposed twinhomes are empty - nesters or older baby- boomers.
twinhome is anticipated to sell for $125,000 to $165,000.
/f9
Drive. He
the
Drive.
for the
Each
Harry Lemieux, 1565 Violet Lane, stated that he had no objections
with the project and believes that it would be a good addition to the
area but expressed concern regarding the access from his property
during any construction of the proposed development.
A resident of 1491 Federal Court stated the residents in the area
petitioned for a years ago and that she would prefer a park as
opposed to the twinhomes. The resident stated that the proposed
development is too close to the homes in Stoney Point Addition on
Federal Court. The resident also suggested that a larger buffer or
screening be used between the twinhomes and the single family homes,
suggesting the use of evergreens or a privacy fencing.
A resident of 1502 Federal Court stated that he is most impacted
by the development because he is the owner of Lot 3 in Stoney Point
which backs up directly to Lots 1 and 2 of the applicants proposed
development. The resident stated that he disagrees with the
applicant's representation with respect to the site lines, citing
that he can see the Royal Oak Circle Apartments across Violet Lane
from his back yard. He requested that there be some buffering or
fencing to protect kids in the development from playing on or falling
off of his retaining wall.
?!r. Frank responded to the residents' statements regarding the
site line to the apartments. He stated that the apartments are 20
feet higher in elevation from Violet Lane than the proposed
twinhomes.
Project Planner Ridley advised the Commission that the City has
obtained property to the northwest of the proposed development for
park purposes.
Chairman Voracek inquired as to whether a sidewalk presently
exists along Federal Drive for residents to get to the park. Project
Planner Ridley stated that he did not know.
Member Isberg questioned Mr. Frank as to why the applicant
objects to condition #E3 to which Mr. Frank again stated that
buffering or screening was not necessary or nor would it be effective
because the site line distance is great and there are site blinds by
the natural topography.
PAGE 27 /ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
Conversation regarding the necessity of berming along the
southern edge of the development ensued. Additionally, discussion
ensued between the Commission members and Mr. Prank with respect to
clarification of condition O. Mr. Frank suggested that in order to
'clarify the condition, the word "provided' be removed from the
condition.
Isberg moved, Heyl seconded, the motion to approve a Preliminary
Plat consisting of 14 lots for seven duplex buildings on 4.6
previously zoned R -2 (Double) acres located along the west side of
Federal Drive south of Violet Land in the NE 1/4 of Section 16,
subject to the following conditions:
1. These standard conditions of plat approval as adopted by
Council action on February 2, 1993 shall be complied with:
Al, B1, 82, B3, B4, Cl, C2, C3, D1, El, F1, G1 and H1
2. The developer shall be responsible for preparing and
recording with the plat, appropriate documents establishing
a homeowner's association. The documents must be submitted
and approved by the City Attorney's office prior to final
plat approval. Transfers of common areas to the homeowner's
association shall be recorded with the plat.
3. The landscape plan shall be revised to incorporate a
Continuation of the perimeter screening /buffer along the
south property line.
4. All landscaped and green areas shall be served by
underground irrigation.
S. All trash /recycling containers shall be stored in individual
garages.
6. Maintenance free building exteriors are required.
7. This plat is subject to a cash park land and cash trails
dedication.
S. This plat is subject to a cash water quality dedication.
9. The developer is required to plan 24 Category B or 48
Category C trees in addition to required landscaping.
10. The developer provide a revised Tree Preservation Plan which
identified measured to protect remaining trees and
identifies size, species and location of all replacement
trees.
(q o
PAGE 28 /ADVISORY PLANNING COMMISSION MINUTES
APRIL 26, 1994
11. Additional storm sewer is required to intercept site
generated runoff from the southerly portion of the site and
convey the runoff to the storm sewer proposed along the
westerly side of the site. _
12. Private driveways, hall in lid ude concrete curb and gutter.
13. This development shall dedicate 1250 s.f. of right -of -way in
the southwest corner of Federal Drive and Violet Lane.
All present voted in favor.
(9(
SUMMARY OF REOUEST
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: APRIL 5, 1994
APPLICANT: DAVID L JOHNSON
PROPERTY OWNER G. WILLIAM SMITH
REQUEST: PRELIMINARY PLAT
LOCATION: NE 1/4 SECTION 16
COMPREHENSIVE PLAN: D -II, MIXED RESIDENTIAL (0-6 UNITS /ACRE)
ZONING: R -2, DOUBLE
CASE #: 16- PP- 1 -1 -94
HEARING DATE: APRIL 26, 1994
PREPARED BY: MICHAEL J. RIDLEY
Mr. Johnson is proposing a Preliminary Plat consisting of 14 lots on 4.56 previously zoned
R -2 acres to accommodate seven twin homes. The property is located along the west side
of Federal Drive, south of Violet Lane.
AUTHORITY FOR REVIEW
City Code Chapter 13, Section 13.20, Subd. 6. states: In the case of platting, the Planning
Commission and the Council shall be guided by criteria, including the following, in
approving, denying or establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and
the Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water
storage, and retention are such that the site is suitable for the type of development
or use contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvements is not likely to
cause environmental damage.
Planning Report - Villas on Violet
April 26, 1994
Page 2
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 judgement of court.
H. That completion of the proposed development of the subdivision can be completed
in a timely manner so as not to cause an economic burden upon the City for
maintenance, repayment of bonds or similar burden.
That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook
on Solar Access).
That the design of public improvements for the subdivision is compatible and
consistent with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved
and filed with the office of the City Clerk hereinafter referred to as the "Water
Quality Management Plan". Said document and all of the notations, references and
other information contained therein shall have the same force and effect as if fully
set down herein and is hereby made a part of this Chapter by reference and
incorporated herein as fully as if set forth herein at length. It shall be the
responsibility of the City Clerk to maintain the Water Quality Management Plan and
make the same available to the public.
BACKGROUND/HISTORY
The applicant states that very few area residents attended an informational neighborhood
meeting on April 7, 1994 at the Dakota County library on Wescott Road.
There have been no previous development applications for this piece of property.
The subject property is part of the 16 acre "Area I" in the City's 1990 Multi- Family
Residential Land Study. The property was zoned A, Agricultural, and Guided D -III, Mixed
Residential (6-12 u /ac): On September 18, 1990, the City initiated and the Council
approved a Comprehensive Guide Plan Amendment to D -II, Mixed Residential (0-6 u /ac)
and a rezoning to R -2, Double.
Planning Report - Villas on Violet
April 26, 1994
Page 3
EXISTING CONDITIONS
The site topography mainly falls from north to south to a low spot in the southwest corner.
The site also has a ravine that angles northeasterly through the center of the property that
currently contains refuse that appears to have accumulated over the past several years.
Tree growth on the property is limited to volunteer vegetation around the ravine, some of
which is considered significant due to size but the species (cottonwood, elm and boxelder)
are less than desirable. To accommodate development the majority of the site will be
graded and the trees around the ravine and volunteer tree growth elsewhere will be
removed.
,SURROUNDING USES
The following uses, zoning, and comprehensive plan designations surround the subject
property:
North - Royal Oak Apartments; zoned R-4; designated D -III, Mixed Residential (6 -12 u /ac).
South - Stoney Point; zoned R -1, designated D -II, Mixed Residential (0-6 u /ac).
East - Federal Drive /I -35E.
West - Undeveloped; zoned R -2; designated D -II.
EVALUATION OF REQUEST
A. Preliminary Plat Review.
Density - The gross density of the proposed development is 3.04 units /acre and the net
density is 3.5 units /acre; both of which are consistent with the existing R -2 zoning and the
D-II Guide Plan designation.
L
All proposed lots exceed the 7,500 s.f. minimum lot size requirements for the R -2 zoning
district. The lots range in size from 8,000 - 15,400 sf.
ficsbacka
As proposed, all building, parking, and drive aisle setbacks will be met.
(9�
Planning Report - Villas on Violet
April 26, 1994
Page 4
Tree Preservation Policy
The Tree Preservation Plan submitted is acceptable. A total of eight significant trees and
12,250 s.f. of significant woodlands exist on site Initial site development will result in the
loss of significant trees and woodlands in excess of the allowable 30 %. Filling and leveling
the central area of the site results in the majority of significant tree and woodland loss.
In accordance witb Tree Replacement Guidelines, the developer will be responsible for
replanting 24 Category B (2 1/2" diameter) trees as mitigation for the lost woodland
resource.
Under normal circumstances, the high percentage of removal of significant trees and
woodlands would indicate a need for further site plan revisions. However, the present
conditions of this site, where the majority of the trees are of poor quality (considering
species and condition), indicate that the site will have a higher quality woodland resource
after development than it does now.
With minor revisions the landscape plan submitted is acceptable. The plan provides an
adequate buffer along Violet Lane and Federal Drive but does not include any screening
of the Stoney Point subdivision along the south property line. The developer must revise
the landscape plan to incorporate a continuation of the landscape buffer currently proposed
along the north and east property lines.
Grading/Wetlands
The preliminary grading plan submitted as a part of the preliminary plat application appears
to be adequate except for the grading proposal along the south property line of the
development. The concern along the south property line is to protect the existing retaining
walls, which were constructed as a part of the Stoney Point development, from erosion
caused by storm water runoff from the development. The grading along the south property
line of this proposed development needs to contain the storm water runoff generated from
this site so its not directed overland southerly offsite across the existing retaining walls
constructed in the Stoney Point development.
The grading plan proposes to disturb approximately 43 acres of the total 4.6 acre site.
There are no wetlands located on this development.
Planning Report - Villas on Violet
April 26, 1994
Page 5
Storm Drainage/Water Ouality
The site generated storm water runoff is proposed to be directed to Pond JP -2, a 1.4 acre
wetland classified as a nutrient trap in the City water quality management plan. This pond
then discharges to Pond JP -3, a 10 acre water body classified as a sediment basin, which
then discharges to Fish Lake. Because of the relatively small size of the development and
the fact that there are two adequately -sized treatment ponds between the development and
the nearest downstream recreational water body, a cash dedication in lieu of on -site ponding
is required.
Pond JP -2 is Iocated within the southerly adjacent Stoney Point 1st and 2nd Additions.
Pond JP-2 is a designated ponding area in the City's Storm Water Management Plan and
identified as the receiving waterbody for the site generated storm water runoff from this
area.
With minor revisions the drainage system as proposed -by the developer is adequate. The
developer is proposing to drain approximately 50% of the site overland across the southerly
adjacent property into Pond JP -2. This approach to stormwater management from the site
is not acceptable and additional storm sewer will be required to address this concern.
The storm sewer line that will serve this development and drain to pond JP -2 will cross
through the backyard of Lot 5, Block 1, Stoney Point. The location of the storm sewer line
is shown to be in an existing easement. The construction of this storm sewer line will be
done privately and therefore, the developer must contact the property owner of Lot 5 to
inform him of the impact of the proposed sewer line construction across the backyard.
Milks
Sanitary sewer and water service to serve the proposed development is currently available
within the existing upgraded street section of Violet Lane. The development is proposing
to extend sanitary sewer and water laterals and their respective services to each unit in an
acceptable manner except for a few minor revisions. These minor revisions can be
accommodated easily with the final plan and specification preparation.
The development will be required to extend sewer and water services to the northerly and
westerly adjacent property as required to adequately service those areas.
Streets /Access /Circulation
Public street access to the proposed development is readily available from the northerly
adjacent platted Violet Lane right -of -way.
Planning Report - Villas on Violet
April 26, 1994
Page 6
Violet Lane currently is constructed to a point approximately 340 feet west of the existing
centerline of Federal Drive. The development is proposing that Violet Lane be constructed
to the westerly property line of the proposed development under a City contract. At this
point, the developer has not requested the City to install this street necessary to service this
development. Prior to final plat approval, the City Council has to authorize the installation
of the street necessary to service this development. The contract for this construction has
to be awarded prior to the issuance of any building permits for construction of the proposed
development.
The development is proposing that for Lots 1 -6, Block 1, a private drive be constructed to
serve the 6 proposed units taking its access from Violet Lane. Also within Block 1,
proposed Lots 7-10 are combined in a single access point to Violet Lane as well The City
Code addresses the minimum width for private drives as required based on the number of
units served. In the case of 4 or less units, the code requires a minimum dimension of 12'
for the driveway width and does not require the installation of concrete curb and gutter.
With private drives which serve 5 -8 units such as Lots 1 -6 in Block 1, a minimum of a 20'
wide driveway is required with the installation of concrete curb and gutter. The developer
is proposing all drives without concrete curb and gutter, however, the developer is proposing
20' wide private drives for each access. Staff identifies with the merits of supporting the
code for the 6 units which are served by one private drive in requiring the 20' width and the
installation of concrete curb and gutter.
Concrete curb and gutter adjacent to roadways is required basically for two reasons. The
first reason is it provides a confined area for the conveyance of stormwater runoff which is
generated as a result of development. The second is it provides a barrier which contains
the wheel paths from vehicles within the bounds of the curblines. Confining the drainage
between the concrete curbs as well as keeping vehicles between concrete curbs minimizes
the occurrence of deterioration of the vegetation and erosion adjacent to the driveways.
Easements/Rights- of- Way/Permits
A 60' public right -of -way currently exists along the northerly boundary of this site for Violet
Lane. Additional right -of -way will be required at the westerly terminus of the existing
right -of -way for Violet Lane to accommodate the proposed cul-de -sac. In addition to the
additional right -of -way required for the cul -de -sac, staff is requesting the dedication of
additional right -of -way in the northeasterly corner of the proposed site The dimension of
the right -of -way required is a triangular shaped piece of right -of -way 50' in length along
Violet Lane starting at the south right -of -way line for Violet Lane's intersection with the
west right -of -way line for Federal Drive and 50' in length along Federal Drive from that
same common intersection point.
Planning Report - Villas on Violet
April 26, 1994
Page 7
A straight line would then be drawn between the 50' point on Violet Lane and the 50'
point on Federal Drive that is creating a triangular shaped piece of additional right -of -way
for Violet Lane.
This additional triangular shaped piece of right -of -way is anticipated as a result of the
Yankee Doodle Corridor/Ring Road traffic study. In November of 1993, the City Council
authorized the City to retain a transportation consultant to perform a transportation study
of the area bounded by Lone Oak Road on the north, Lexington Avenue on the east (but
including the Eagandale Center Industrial Park just east of Lexington Avenue), Deerwood
Drive on the south, and Blackhawk Road /Blue Cross Road on the west. One of the
segments of roadway construction identified as a part of this transportation analysis is the
extension of Duckwood Drive from Pilot Knob Road westerly across I -35E to Federal Drive.
The I -33E northbound off ramp to Pilot Knob would be relocated to the extension of
Duckwood Drive which it would intersect. A frontage road would be built between the
intersection of the Duckwood Drive relocated off -ramp and the existing northbound on -ramp
intersection. Associated with the westerly extension of Duckwood Drive and its intersection
with Federal Drive would be a reconfiguration of the Duckwood Drive /Federal Drive
intersection. The intersection of the Duckwood Drive extension and Federal Drive would
be redesigned to give preference to the traffic utilizing these two roadways. Federal Drive
to the south would "T' into this portion of the proposed ring -road concept. As a result, the
Violet Lane intersection with Federal Drive would probably take on a curvilinear design
concave to the southwest which would intersect Federal Drive some distance south of the
westerly extended Duckwood Drive to Federal Drive. This westerly extension of Duckwood
Drive across I -35E is conceptually shown on an attached exhibit.
Additional utility easement is required for the construction of the proposed storm sewer
along the westerly property line of the development. In addition to the utility easement
required for the storm sewer extension along the westerly property line, additional drainage
and utility easement is also required along the southerly line to adequately protect the
proposed drainage facilities required in that area. The development shall dedicate a
drainage and utility easement over the backyard area of Lots 11 -14 to three feet above the
HWL of Pond JP 2.
B. Compatibility with Surrounding Area.
The proposed duplex development will serve as a transitional land use between the
established single family to the south and the high density apartment use to the north. The
site has been designed to incorporate setbacks that exceed minimum standards off of
Federal Drive so the eastern portion of the site can be buffered more effectively from the
street and I -35E with a larger berm that will be heavily planted. The undeveloped property
to the west is zoned and guided similarly to the subject property and therefore, future
development of this area should be compatible.
l q�
• Planning Report - Villas on Violet
April 26, 1994
Page 8
C. On Site Improvements.
The developer proposes 14 owner - occupied duplex units that range in size from 1188 s.f. to
1598 s.£ with a base price of $125 - $165,000. All units will have two bedrooms, an attached
two car garage, walk -out basement, deck, and will be part of a homeowners association.
Options include a four - season porch, third /fourth bedroom, and finished basement. Exterior
materials include maintenance -free vinyl siding and face brick.
D. Summary/Conclusion.
The proposed development is consistent with the 1990 City initiated Guide Plan designation
change to D -II and zoning to R -2; and should be compatible with existing and future land
uses in the area. The site can be adequately served with City utilities; impact to natural
resources is minimal; and Violet Lane will provide sound access to this site, the undeveloped
property to the west, and to Federal Drive.
RECOMMENDATION
Staff recommends approval of this Preliminary Plat subject to the following conditions.
CONDITIONS OF PRELIMINARY PLAT APPROVAL
1. These standard conditions of plat approval as adopted by Council action on February
2, 1993 shall be complied with:
Al, Bl, B2, B3,B4, Cl, C2,C3,D1, El, Fl, G1 and H1
The developer shall be responsible for preparing and recording with the plat,
appropriate documents establishing a homeofter's association. The documents must
be submitted and approved by the City Attorney's office prior to final plat approval.
Transfers of common areas to the homeowner's association shall be recorded with
the plat.
The landscape plan shall be revised to incorporate a continuation of the perimeter
screening/buffer along the south property line.
Planning Report - Villas on Violet
April 26, 1994
Page 9
4. All landscaped and green areas shall be served by underground irrigation.
S. All trash /recycling containers shall be stored in individual garages.
6. Maintenance free building exteriors are required.
7. This plat is subject to a cash park land and cash trails dedication.
8. This plat is subject to a cash water quality dedication.
9. The developer is required to plant 24 Category B in 48 Category C trees in $d did on
to required landscaping provided.
10. The developer provide a revised Tree Preservation Plan which identifies measures
to protect remaining trees and identifies size, species and location of all replacement
trees.
11. Additional storm sewer is required to intercept site generated runoff from the
southerly portion of the site and convey the runoff to the storm sewer proposed along
the westerly side of the site.
12. Private driveways that serve more than four units shall include concrete curb and
gutter.
13. This development shall dedicate 1250 s.f. of right -of -way in the southwest corner of
Federal Drive and Violet Lane.
A. Financial Obligations
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
prat. development shall dedicate easements of sufficient width and
location as determined necessary by engineering standards.
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.
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.
C. Plans and Specifications
1. - AI public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
Plat aPProval-
A detailed grading, drainage, erosion, and sediment control plan must be
prepared In accordance with current City standards prior to final plat
aPProval-
This development shall dedicate all public right -of -way and temporary slope
easements for uttimate development of adjacent roadways as required by
the appropriate jurisdictional agency.
This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
STANDARD CONDITIONS OF PLAT APPROVAL
This development shall ensure that all dead -end public streets shall have a
cul- de-sac constructed in accordance with City engineering standards.
D. Public Improvements
E. per_ -
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.
.1. If any improvements are to be installed under a City contract, the
appropriate project must be approved by Council action prior to final plat
approval.
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 Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
0. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
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
LTS#S
STANDARD.CON
City Council
September 15. 1987
Revised: July 10.
February 2. 1993
aa�
FINANCIAL OBLIGATION - Villas of Violet Lane
There are pay -off balances of special assessments totaling $11,894 on the parcels proposed for
platting. The pay =off balance will be allocated to the lots created by the plat.
At this time, there are no pending assessments on the parcel proposed for platting.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed
for the property, the following charges are proposed. The charges are computed using the
City's existing fee schedule and connections proposed to be made to the City's utility system
based on the submitted plans.
Improvement
Water Trunk
Use Rate Quantity Amount
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Agenda Information Memo
May 18, 1994 City Council Meeting
VARIAN EXTERIORS
I). Variance, Twintown Exteriors, a Variance request of 5' to the required 10' side yard
setback located on Lot 24, Block 2, Berkshire Ponds Addition (1973 Covington Lane) in
the NW 1/4 of Sec 32-- Twintown. Exteriors is requesting a 5' variance to the 10' side yard
dwelling unit setback for Lot 24, Block 2, Berkshire Ponds. The property is located along
the west side of Covington Lane, north of Safari Trail.
The staff report on this requested variance is enclosed on page
through.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 5' variance to the
required 10' dwelling unit side yard setback for Lot 24, Block 2, Berkshire Ponds.
42(es
REPORT DATE: May 9, 1994
APPLICANT: Jerry Hazard, Twintown, Co.
PROPERTY OWNER: Scott Shikowsky
REQUEST: Variance
LOCATION: 1973 Covington Lane (NW 1/4 Section 32)
COMPREHENSIVE PLAN: D -I, Single Family
ZONING: PD/R -1, Planned Development - Single Family
SUMMARY OF REOUEST
The applicant is requesting a 5' Variance to the 10' side yard dwelling unit setback for Lot
24, BIock 2, Berkshire Ponds. The property is located along the west side of Covington
Lane, north of Safari Trail.
BACKGROUND
The City Code allows accessory structures (decks, garages) to be setback 5' from side
property lines but requires any portion of the dwelling unit must maintain a 10' setback.
The dimensions of the subject lot is 70'x 200'. The Berkshire Ponds Planned Development
(PD) and subdivision were created in 1984. The PD provided for 74 single family lots on
27 acres. The PD agreement and the Development Contract allowed for deviations from
R -1 zoning district minimum lot size of 12,000 s.f. and 85' lot width requirements. In
addition, a condition of plat approval was that no other ordinance deviations shall be
allowed
BEIM/
PLANNING REPORT
CITY OF EAGAN
cR
CASE #:
HEARING DATE:
PREPARED BY:
32- V- 8 -5 -94
May 18, 1994
Mike Ridley
According to the property owner, the hardship for this variance is the narrowness of the lot.
The substandard lot width is consistent with the PD agreement. The home was built in 1986
and in 1987 a 10'x 14' deck was built off of the south side of the home. The homeowner
states: " We built a deck onto our house with the assurance, when obtaining our permits,
that we could add a 3- season porch...".
The specific deck plan was filed with the City and there was no indication of any future
conversion of the deck to a 3- season porch.
SUMMARY /CONCLUSION
The existing home and deck meet minimum building setback requirements. The proposed
3- season porch will not meet the 10' side yard setback requirement. The determining factor
to the tightness of this site is that the lot is only 70' wide.
Conditions of plat approval and the PD agreement provided for exceptions to the standard
lot width and size requirements. However, another condition of plat approval requires that
no other ordinance deviations shall be allowed.
ACTION TO BE CONSIDERED
To approve /deny a 5' variance to required 10' dwelling unit side yard setback.
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May 4, 1994
City of Eagan
Pilot Knob Road
Eagan, MN
To Wham It May Concern:
We built a 10X14 deck onto our house with the assurance, when obtaining
our permits, that we could add a 3- season porch which is a lifelong
dream of ours. When our builder tried to obtained a permit to add this
3- season porch in place of our deck, he was informed that decks have a
different criteria than 3- season porches. He was told that a variance
would be required.
As noted on our plot plan, our lot is very narrow but the way our house
is built, the only logical place to put a 3- season porch, is where our
deck is now. This is the reason we are trying to obtain this variance.
Also, as you can see from our plot plan, the back of our yard is very
low and has lots of moisture; therefore mosquitoes are in abundance.
We
have two small children and it is very hard for them to play in the back
yard because of the bugs. The 3- season porch would be bug -free and
allow our children to play in an out of door atmosphere.
In conclusion, the reason for this hardship variance letter, is the
narrowness of this lot and the lack of any other area to put our 3-
season porch. Also the 3- season porch would add value to our hie and
neighborhood.
Sincerely,
Scott Shikowsky
aa�
Agenda Information Memo
May 18, 1994 City Council Meeting
VARIANCE /GEORGE ZIRNHELT
E. Variance, George Zirnhelt, to the 50' minimum lot width, located on Lot 17, Zhender
Acres in the SW 1/4 of Sec 32- George Zirnhelt is requesting a variance to waive the 50'
minimum lot width for the northern portion of Lot 17, Zehnder Acres. The property is
located north of Lone Oak Road and south of Skyline Path.
The staff report on this item is included on pageXthrough
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance to waive
the minimum lot width requirement for the northern portion of Lot 17, Zehnder Acres,
subject to subdividing the property.
aa�
REPORT DATE: MAY 9, 1994
APPLICANT: GEORGE ZIRNHELT
PROPERTY OWNER MARJORIE KOLAR
REQUEST: VARIANCE
LOCATION: 1521 LONE OAK ROAD (SW 1/4 of Section 4)
COMPREHENSIVE PLAN: D -I, SINGLE FAMILY (0-3 U /A)
ZONING: R -1, SINGLE FAMILY
SUMMARY OF REQUEST
The applicant is requesting a Variance to waive the 50' minimum lot width requirement for
the northerortion of Lot 17, Zehnder Acres. The property is located north of Lone Oak
Road and south of Skyline Path.
DACKGROUND
PLANNING REPORT
CITY OF EAGAN
aa4
CASE #: 4- V- 9 -5 -94
HEARING DATE: MAY 18, 1994
PREPARED BY: MIKE RIDLEY
The City Code requires a minimum lot width of 50' at the right -of -way line and a 85' width
at the building setback line.
Prettyman Heights Addition was platted in 1989. The Kolar property is adjacent to the
southern edge of this plat but is not part of it. When development took place, utility stubs
were provided to the Kolar property from Skyline Path and the developers agreed to provide
an access easement across Lot 18, Block 1 and Lot 2, Block 3, Prettyman Heights, to
accommodate public street access to the north should the Kolar property eventually
subdivide. Before the easement was recorded Lot 18, Block 1 was sold, a home constructed
and the current owner does not wish to provide access across his property.
As owner of yet to be built upon Lot 2, Block 3, Prettyman Heights Addition, the applicant
is agreeable to providing an access easement across this property large enough to
accommodate a 12' wide driveway.
If access can be provided as proposed, the applicant will proceed to request plat approval
to subdivide the Kolar property.
REWEW
When the applicant originally approached the City about splitting the northern portion of
Lot 17, Zehnder Acres, the issue about access was raised. Staff suggested two access
alternatives that were independent of Skyline Path: 1. Share the private drive serving the
two homes to the west; or 2. A flag lot configuration with access to Lone Oak Road.
The applicant pursued these two possibilities and found that the neighbors did not care to
add any more traffic to the private drive and Dakota County suggested access to Skyline
Path because the County opposes allowing another access to Lone Oak Road that will not
meet their spacing guidelines.
SUMMARY
The applicant has exhausted alternative access possibilities; City services are stubbed to the
subject parcel from Skyline Path; and accessing the property from Skyline Path has been the
intent since Prettyman Heights Addition was platted.
ACTION TO BE CONSIDERED
To approve /deny a variance to waive the minimum lot width requirement, subject to
subdividing, for the northern portion of Lot 17, Zehnder Acres at Skyline Path.
�1
LONE OAK ROAD Y � -
LOCATION
19
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POTENTIAL EASEMENT
May 2, 1994
CITY OF EAGAN
Planning Department
3830 Pilot Knob Road
Eagan, MN 55121
Dear Planning Dept;
In the course of developing Skyline Heights, one of the neighbors
immediately adjacent to the development agreed to pay for the installation of
sewer, water and other utilities to the adjoining property ( "That part of lot 17,
except the North 300 feet thereof, Zehnder Acres "). In addition it was agreed that
the developers would provide an easement across two adjoining lots (lot 18, block 1
and lot 2, block 3 of Skyline Heights). Before this easement was recorded, one of
these lots was sold. The current owner (lot 18, block 1) does not wish to provide
access across his property. This leaves my neighbor, Marjorie Kolar without the
access to Skyline Path which she had paid for and expected to have It is now
impossible to provide the access which the Kolar's had been promised. I have
offered to purchase the property if we can create a lot which can be developed with
access to Skyline Path.
As owner of the adjacent lot (lot 2, block 3 Skyline Heights), I am agreeable
to providing an easement sufficient to provide driveway access to the Kolar
property. This would require a variance from the normal lot frontage requirement.
I have met with City of Eagan planning staff and following their
recommendation, I have first investigated whether it might be possible to create a
flag lot providing access via Lone Oak Road. The Dakota County highway
department does not feel this is an acceptable approach. I have also investigated
access via the adjacent private road (Whitby Drive) but I have been advised by
owners of that road that they do not wish to have additional traffic on this driveway.
If a variance is approved to provide a 12 foot wide driveway access to Skyline
Path, it is our intention to seek to plat the Kolar property as indicated on the
attached drawings. This would provide a very attractive lot which is larger than city
requirements and fully served by city utilities which have already been installed on
the property.
Thank you very m ch for your consideration !
Sin
elt
D,36o
April 13, 1994
Mr. George Zirnhelt
1515 Lone Oak Road
Eagan, MN 55121
Subject: Access to Lot 17, Zhender Acres
Dear Mr. Zirnhelt:
Dakota County does not want any additional driveways on Lone Oak
Road in this area. The numerous existing driveways directly to
Lone Oak Road violate the County's access spacing guidelines, and
any new driveway would also violate the guidelines.
The County prefers access to be to Skyline Path. If that is not
possible, the existing driveway serving the northerly part of Lot
18, Zhender Acres should be used. No new driveways should be
constructed on Lone Oak Road.
ncerely,
R.
David R. Ze PE
Administrative Design Engineer
cc: Jim Sturm, City of Eagan Planner
N:CR26GZ1
X31
finned on RecvcMd Paper
DAKOTA COO7VY
HIGHWAY DEPARTMENT
14955 GALAXIE AVENUE. 3RD FLOOR
DAVID L EVERDS, P.E.
COUNTY ENGINEER
(612) 891-7100
Fax (612) 891 -7031
APPLE VALLEY. MINNESOTA 55124 -8579
AN EQUAL OPPORTUNITY EMPLOYER
Agenda Information Memo
May 18, 1994 City Council Meeting
SIDEWALK REQUEST POLICY
F. Policy, Sidewalk Requests/Residential Streets- -The Advisory Parks, Recreation and
Natural Resources Commission has developed and reviewed a policy by which residents can
petition the City for construction of sidewalks within their neighborhood. Co t ction of
'd►alks would be an assessment against their property. Enclosed on page through
is a copy of a memo from Director of Parks and Recreation Vraa with supporting
material including the proposed policy.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the adoption of a
policy relative to the installation of sidewalks in residential areas which requires sidewalks
to be assessed against benefiting properties.
MEMO
city of eagan
DATE: MAY 13, 1994
TO: HONORABLE MAYOR & CITY COUNCIL
TOM HEDGES, CITY ADMINISTRATOR
FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION
SUBJECT: SIDEWALK POLICY
ISSUE
This issue before the City Council Is the adoption of a policy by which residents can
petition the City for construction of sidewalks within their neighborhood. Construction of
sidewalks would be an assessment against their property.
BACKGROUND
In late 1993, the Advisory Parks, Recreation & Natural Resources Commission was
approached by the parents of a disabled child to construct a sidewalk on Bent Tree Lane.
The parents were requesting the sidewalk so that the disabled child would be able to
operate his motorized wheelchair and be able to traverse to Pinewood Elementary School.
The Advisory Commission determined that it would be appropriate for the City to develop
a policy to deal with these types of requests in the event other neighborhoods and
individuals in the community would also seek sidewalks.
POLICY REVIEW & ADOPTION
The Advisory Commission has developed and reviewed a policy which follows the outline
of the City's process for street construction projects. That policy is attached and has
been recommended by the Advisory Commission for adoption.
FOR COUNCIL ACTION
To approve and adopt a policy relative to the installation of sidewalks in residential areas
which causes sidewalks to be assessed against benefiting properties.
KV /Ik
u/swE AUCPOL
MEMO TO: ADVISORY PARK, RECREATION
AND NATURAL RESOURCES COMMISSION
FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
JOHN K. VONDELINDE, SUPERINTENDENT OF PARKS
DATE: APRIL 8, 1994
SUBJECT: DRAFT SIDEWALK PETITION POLICY
At the request of the Advisory Commission, staff have developed a draft city policy outlining a process and
evaluation criterion to be used in reviewing special requests for sidewalk installation in existing residential areas.
A copy of the draft policy can be found on the following pages.
Basinsmad
M the Commission will recall, the interest in developing a sidewalk policy grew out of several meetings
concerning a request by Andrew and Cheri Fuck to construct a sidewalk along the north side of Bent Tree Lane.
The original request was reviewed by the Commission at their December meeting. The purpose of the Fink's
request was to facilitate safer access for their wheelchair bound child to other areas in the neighborhood
including Pinewood Elementary School.
As a result of the Finks request the Commission directed staff to conduct a survey of other suburban
communities to better understand practices and policies concerning this issue on a broader scale. The
Commission also asked staff to examine practical funding alternatives for this and other potential sidewalk
requests in the future.
At the February meeting (after being deferred from the January meeting) staff reported on its findings and
conclusions from the survey of five communities (Apple Valley, Burnsville, Lakeville, Maple Grove and
Plymouth) on current sidewalk policies. In general the survey found that most communities do not have a
formalized policy addressing trails and sidewalk construction in residential areas. All of the communities have
formalized trail master plans which principally address transportational corridors along city collector and arterial
streets and off -road lineal recreation corridors connecting parks, neighborhoods and business districts. Only
Lakeville had dealt with special requests li the one that is currently before our Commission. Those requests
were denied based upon the city's official trails and sidewalk policy which prohibits sidewalk construction in
neighborhood areas. The majority of community's surveyed expressed concerns over precedent setting for future
requests, long term maintenance responsibilities, administrative staff time for processing requests, etc. The study
also found that in the majority of cases financing would likely be provided through a special assessment process
similar to what is currently used for street, lighting, and other infrastructure improvements.
The citys existing policies neither advocate nor provide a process for responding to special sidewalk requests in
residential areas. The only related policy in the existing park and trail system master plan is one that states that
no trails or sidewalks shall be required on residential/locil streets' Moreover, the city and the advisory
commission does not have a history of dealing with similar requests in the past.
The study concluded that if the Advisory Commission and City Council acted favorably on future requests for
sidewalk improvements that a special assessment/petition process would be the most viable mechanism to finance
these projects since sidewalk construction is outside of the scope of normal traits construction which is supported
through the city's trails dedication fund. A brief review of the special assessment process was included in the
study.
a34
As a result of commission discussion and input by the Finks at the February meeting, staff were directed to draft
a preliminary residential sidewalk policy that embodies a process and evaluation criteria for reviewing and
responding to public requests for sidewalk construction in Basting residential areas. The Commission further
suggested that the draft policy be forwarded to a special issues sub- committee for review prior to discussion by
the full Commission.
Ass
At the recommendation of die Commission the attached draft sidewalk request policy essentially follows the
existing public petition process for similar types of public improvements. Draft policy expands upon the current
policy, however, to the extent that the Commission would also be involved in making recommendations on
sidewalk requests based upon several evaluation criteria. A flow chart has also been developed depicting the
methodology for processing special requests through the Advisory Commission and City Council.
It should be noted at this point that the draft policy does not address sidewalk construction for parcels being
platted under the city's subdivision regulations. Currently the city ordinance does not require developers to
install sidewalks within residential areas. If it h the desire of the Commission to explore this issue further, staff
recommend that joint discussions between the APRNRC and Advisory Planning Commission would need to
occur before making a commitment to any further action or a special study.
In summary, there are three principal courses of action that the Commission will need to take as it relates to
the draft sidewalk request policy, and more specifically the request of Mr. and Mrs. Fmk for a sidewalk along
Bent Tree Lane. They are:
L To review and discuss the draft policy as a full Commission, or to defer this discussion to the special
issues sub - committee for further recommendation to the Commission;
2. To take formal action to deny, approve with modifications, or approve as written the draft sidewalk
request policy and
2 Following adoption of the policy by the City Council, make a specific recommendation to the City
Council on the petition for the sidewalk along Bent Tree Lane.
For Commission Action
Staff are requesting the following action of the Commission at this time:
L To deny or approve (with or without modifications) the draft Sidewalk Petition Policy, or
2. To set a date, time and place for a meeting of the special issues sub- committee to further review and
discuss the proposed Sidewalk Petition Policy.
Ken Vraa
Director of Parks is Recreation
JKV /nab
,t2b:spwre.ON
uperintendent of Parks
BASIS
SIDEWALK PETITION POLICY
CITY OF EAGAN
PRELIMINARY DRAFT FOR REVIEW
The City of Eagan has determined that a process should be established for screening and evaluating petitions
from property owners for the installation of pedestrian sidewalks within residential areas. The city has furthered
determined that this process should conform to the existing special assessment policy which is used for the
petitioning of similar public improvements in the community. This policy sets forth the process by which the city,
through its Advisory Parks, Recreation, and Natural Resources Commission will evaluate and make
recommendations on requests for sidewalk improvements within residential areas.
The City of Eagan does not have a history of requiring developers to install sidewalks in residential areas.
Further, the city has not, as a matter of practice, used public funds to construct sidewalks in residential areas
or other land use zoning districts. The city, has in certain circumstances allowed developers to install sidewalks
within residential areas where it was shown that these improvements would have a public benefit for pedestrian
circulation and other modes of transportation. Under the current Eagan Trail System Guide Plan specific
policies require that a combination of trails and /or sidewalks be constructed along most County roads and city
collector and arterial streets. For economic reasons, these trails and sidewalks are typically installed at the time
major improvements are made to the roadway infrastructure (i.e., new road construction, widening, or
replacement). The current trails plan specifically states, however, that sidewalks are not required within
residential areas.
REEkstt
The City of Eagan has developed the following policy, in order to respond in an orderly and consistent manner
to special requests for sidewalk construction in residential areas. Historically, the city has received only a very
limited number of such requests. However, it h likely that such requests stay increase is the future as the city
continues to develop its residentW base and additional housing construction infils existing neighborhood areas.
Specific criteria have been developed as a tool by which the Advisory Park, Recreation and Natural Resources
Commission can make an initial screening and recommendation to the City Council on the denial or continuance
of public petitions for sidewalk improvements. Ultimately the final decision to deny or continue such a request
will rat with the Eagan City Council.
=o
The following process shall be used by the City of Eagan for reviewing and acting upon public petitions for
sidewalk improvements in residential areas.
1. All requests for sidewalk improvements shall be made in writing to the Eagan Parks and Recreation
Department, 3830 Pilot Knob Road, Eagan MN 55122. The letter should explain the nature of the
sidewalk project (location and length), need for the project, benefiting parties, and any other special
considerations. Signatures of all of the petitioning parties should also be included at the end of the
letter.
2. A briefing report will be prepared by staff in regards to the special request and will be included as an
item under "new business" on the regular meeting agenda of the Advisory Park, Recreation and Natural
Resources Commission.
3. Based on the staff report and input from the requesting party(ies) the Commission will make a formal
recommendation to the City Council. In making their recommendation the Commission will take into
consideration the following evaluation criteria:
general utility and benefit of the sidewalk for pedestrian transportation purposes
continuity of the proposed sidewalk with existing or planned trails and sidewalks in the
geographic area of concern,
• facilitation of linkages with major points of destination in the area.
• potential number of area residents and other pedestrians to be served by the proposed sidewalk
• - continuation or completion of a previously planned segment of trails and walkways identified
in the City's Trail System Guide Plan.
preliminary and feasibility information
tong -term maintenance and operation considerations
• level of support or opposition to the sidewalk request by the affected property owners
• other special considerations or unique circum stances.
. Based on the Commission's review, staff research, and input of the petitioning parties and other
members of the public, the Commission shall make one of the three following recommendations to the
Oty Council:
• recommendation for denial of the request
• recommendation to order a cost /feasibility study,
• continuation of the matter with a request for additional information
5. The recommendations of the APRNRC shall be forwarded to the City Council for their review.
6. Once the recommendation of the APRNRC has been made, the petitioning parties will be responsible
for continuing the reviewal process by submitting a formal petition to the City Council. It should be
noted that the Commiuion's recommendation shall have no bearing on the petitioning party(ies) right
to enter a formal petition with the City Council. The petitioning party may elect to withdraw their
special request for a sidewalk at any time prior to the ordering of a cost /feasibility study.
7.. If 35% or more of the affected owners sign the formal petition the City Council may, on a simple
majority vote, continue the process by requesting a cost estimate and feasibility study. If less than 35%
of the property owners sign the petition, then a 4 /5's majority of the Council would be needed to
continue the process.
With council approval the city will develop a cost estimate /feasibility study for sidewalk construction.
included in this assessment will be an analysis of the need for a special sidewalk easement if the
sidewalk would need to be placed outside of the street right -of -way and onto private property.
9. Upon reviewat of the cost estimate /feasibility study the City Council may elect to order a public hearing
for the project or deny the petition from further consideration.
10. Following the special assessment hearing, the City Council may elect to deny further consideration of
the special request or direct staff to develop plans and specifications for the project.
if. Following acceptance of favorable bids, the City Council will award the project to the lowest responsible
bidder. Prior to the initiation of construction, however, the city may also need to secure necessary
sidewalk easements and mange for the movement of utilities or other improvements within the
boulevard area.
Following sidewalk construction, a Special Assessment Hearing would be held to discuss the allocation
of project costs to the benefiting property owners. Typically the special assessments would be levied
over a three to five year period.
13. Petitioners need to be aware that the total timeline to complete this process can range from as little as
six months to as tong as one year from the date the original request is made. The attached Figure 1-
"Flow Chart - Sidewalk Installation Requests' illustrates the general steps involved in this process.
14. Long -term surface maintenance of the trail shall be the responsibility of the abutting property owner.
This shall include on -going debris removal, removal of overhanging vegetation, and the maintenance of
an area fee of obstructions two feet on either side of the sidewalk. Removal of snow shall be at the
sole discretion of the abutting property owner. Currently the City of Eagan does not have an ordinance
requiring property owners to remove snow from trails or sidewalks abutting their property.
15. Questions regarding the interpretation of this policy should be directed to the Director of Parks and
Recreation, Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, MN 55122; telephone 681 -
4600/TDD 454-8535.
ratsidassIt0P7
4 /1s/94
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 collor, creed( religion, national origin, sex, disability, age, mmital status,
dental orientation or status with regard to public assistance.
If you need this lnfonnation In an alternative form such as large print, braille;
audio rape, etc., please contact she City of Eagan, 3830 Pilot Knob Road Eagan,
MN 55124 (612) 681 -4600, TDD phone: (612) 4S4 -8531
APRNRC
Recommends
Denial
Petitioning
Party With-
dram Request
1
1 1
City Council
Denies Further
Consideration
1
I City Council Denies
Further Consideration
City Council Denies
Further Consideration
12b:flavehrt.097
FIGURE I
PLOW CHART
SIDEWALK INSTALLATION REQUESTS
Request Made To
Parks b Recreation Dept.
Report Prepared for
APRNRC Review
. APRNRC Evaluates Report
and Citizen Request
APRNRC
Recommends /Cost
Feasibility Study
Formal Petition Entered
With City Council
Cost Feasibility Study
Reviewed by Council
I �
1
City Council
Reviews Request &
APRNRC Recommendation
City Council
Approves Petition
and Orders Cost/
Feasibility Study
Public
Nearing Meld
City Council Approves
Project Plans/
Specifications
I Easements Obtained and
Sidewalk Constructed
Special Assessment
Hearing Held
Project Costs Levied As
Special Assessment
APRNRC
Requests
Addtl. Info.
Agenda Information Memo
May 18, 1994 City Council Meeting
RNIVI
DAKOTA COUNTY LEAGUE OF GOVERNMENTS UPDATE
A. Dakota County League of Governments Update -- Councilmember Hunter will provide an
update on the May 11, 1994 Dakota County League of Governments meeting.
Agenda Information Memo
May 18, 1994 City Council Meeting
REZONING /MARELL, INC
A. Rezoning, Maretl Inc., of 30.1 acres from A (Agricultural) and R-4 (Multiple) to R -1
(Single Family) located along the south side of Lone Oak Road, north of Highway 55 in the
NE 1/4 of Sec 12—This proposed rezoning was originally considered by the City Council at
its meeting of April 19, 1994, It was continued to the meeting of May 3, and again to this
meeting of May 18, in order for the City Attorney's office to prepare some additional
information as requested by the City Council. Two memoranda from the City Attorney's
office is enclosed for the Council review. The first on pages . throughla addresses
the issues of whether a denial of the requested rezoning would be viewed from a legal
perspective as an arbitrary and capricious action by the City Council. Secondly, the City
Attorney has provided information regarding investment- backed expectations and the
• relationship of this concept to the potential actions of the City Council regarding the
rezoning request.
The second memorandum on page addresses what subsequent action the City Council
might take should the Council deci to deny the rezoning request.
Thepriginal a dictation from the City Council meeting in April is enclosed on pages
through along with minutes of the Planning Commission and the original staff
report. In ad 'non, there is a further supplemental memo provided from Assistant to the
City Administrator Hohenstein r garding tJe3egulation of land use in consideration of
airport noise impacts (pages through
City staff also has met with a group of the adjacent neighbors since the April City Council
meeting to provide them additional information regarding potential impacts of assessments
and /or rezonings of the area. The residents have also indicated that they have met with the
property owners during the ensuing weeks and have been given information indicating that
the developers would cover some of the potential assessments. The neighbors were also
shown a preliminary layout for a townhouse development that the owners said they would
proceed to initiate should the rezoning be denied. Staff has not received any of this
information directly from either the property owners or the developers. Staff would note
that the townhouse development is only allowed an R -3 zoning and this property is currently
zoned R-4.
In addition, City Attorney Mike Dougherty has been in contact with an attorney representing
the owners. Mr Dougherty expects to have further conversations with the owner's legal
reprcsentative prior to the City Council meeting of May 18. City Attorney Sheldon will be
available' to relay . any subsequent information to the City Council at that meeting.
c�S
Agenda Information Memo
May 18, 1994 City Council Meeting
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning of 30.1
acres from A (Agricultural) and R-4 (Multiple) to R•1 (Single Family) located along the
south side of Lone Oak Road, north of Highway 55 in the NE 1/4 of Section 12.