Loading...
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) ON3K. p. hobs. f0.187c• 2,),(E. • v.2324' II. XII. 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 i}}}}:}}}}i}}}:•N%r}}�.R:4}}. n'•hti %+:vn\W%i•}.v}m..n\ 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 ( D 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 �s 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 * r * * * * Tteutwatagait atss S,�y Eif 'Vara* %copal! tAixads Noway at 7:00 %At 'rood and rke4w,h platdat Ayala Oft* Wald M6°u'°Ebti mR de glate AtaxeRagea Axe slog 894-11.1 tk 1 f' 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. IOn 0 oI ho o an CO O N 0 00 IN 0 '-1 '-1 N eh r-1 01 ,.) $1,261,598.80 Hardrives 900,501.00 o ^ 0 0 40. 0; 0 0 tel 4 .O In .D a• en 4 co% 00 01 cs1 e+1 - $1,206,896.75 WI in u1 0 0 O. u1 In 0 0 114 V 10 In ..O C•1 0 00 v1 4•••%a. a• 0 >+ Z :+ N vl I-1 0 01 uo CO '-1 1-1 $1,135,804.05 In O O In 0 I-1 ri 0. N .7 O .--1 r� cal 0 00 OO e e+1 .-1 a" O s+ O O O O N 0. 0 en a. In 00 o vol in 4 '-1 '-i $1,230,460.00 ai .0 .4a w • 41 G) co u !.I P14 Vv 1) 4.)t0 p GL i1 0e° 00 012 b~ .!L ow X 01 a to trf t11 H + 3 H i01id d1. 14 M 0 • es cobe 0i t%� Ci 0 c1 g O ea 44 14 14 olo a3 % Over (+) Under (-) Prel. Report 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. D:7 't'11 WM- ►.� 1 //7 1,1; (01 O �Y- t /�,� \ \\.‘ / // 1/ Lia . r- _ .11 foo ..+ + - Jr wade' OOP g� s //At / //j/ / t° .04 / # 1. S m. � 1 /r /7 ///�i�:. �..-. -.& ,/ 0'—', V, // r trr 1 / I / 1 / \ 1011 N0 1 '1111 1111 \ I(1\ 1 k111/ 1 1 1111+111 1//./4/% III 1 1 ,/i/ i+ j+1 +/j /i i /J tom 11 11)11 /111 I j :9/ I// , emeamonimMilla 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 A N A N 1 ots U o m N1 W co co co cc QccU U Ug z • z CZ j W W U N m Q Q Hrr• (C 1 I =5Br1 W p 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 C+MRMASI $w $i14$ 60 f ccw►sr LOCATION ZONING COMP. GUIDE PLAN .14 .y .+.`... . s -� .•, y .any• .- A. • * i fl,I { • I� `'.\�,.,... t %I/ r`' Wit•, t rye// �•+ ▪ _ • 41 /I .1lIf •1 1 1 t.)' -. \ +Ir\ 1 1014;:X6., N 1.4rec111711/ % , ,1te ' 't • qt{1 �/ r /111;.. 1 I rI f / I Slot t.1,.. {11 r k/ / I l) !/ li n u4,�111'11 1 I I1// / 1,1/' �J11j��`, t 4I a a/ l•ill(1 ♦ \\,aka it �1( r // i . / \ � ° 7/1t0‘11,',:. �t � 1 If (t I If 1. /I i I� 1r v' 1 ti, l 17/ fir(/�!( /iv/ ` i if 1;1ri,y1/// it .. • ., -•. / ai1 - 1� r 1,v .v4f 1i► o /. , L,/. �,,rl/ 114 71 il11,1. 1%'4. ilt,1111 l,Iit, /j 1�.1//;/ 4 iii, t l s ,__- i1#.,��.,,, tavii dig'Al\N,41 II /,.-•\ `1 1 NS1i, 11 111 /4411 Ali 811 r 1 1 III ii „ ( IIIII ,":'''‘, ii:/4 /off. 11 //111.11 111 ': ,/ %, 4. /e,./111111111:8:181,... rI� 1,, l44` 1 . / / / ,um. r/ /lt-/..•1114111.;^%��= if e . I tom' r's\ .` 1 , - '.► 1� - �( I\�.'1 s. tt 1 _ r1 r1: Gr1"6."';:%1111- `` 1 /� /t 1 \ t•-- IIY \ I/ ▪ I 1 49 i /•/( ,`\11111{- .q,•..+�♦'+., 1 `: -` 1 ' • '5II pt , Il6of/ � \Nkd1 INS/ \ \ 1 I1 11 • � �• �.""'" `' 1 ./r/l�kltl� 1 {\ `` ~ ` _ 1 $1 illto� 11 �, 1 { i • 11 \{� � 1 \\▪ 11 II /(�`� pro••. t.l,�l li 1� 11 I,1 111 /i �.r.�.� •' 1 co -lilt 11111, 1 11, tt ; iI it. /, a./r1 1 • r s / l ( �/r // /Mr. +R•%,i.I 1 {. . 1 111 k 4 P • �',/% /,fr // //!/' i �/ ..a !�I r 1li 11 la, . ^iirt:: "/ /l,4., // /./ + /// 1111♦04t/ j(t yi '' 't! fitsi //1 �+/�i • `1, I rt, ,1M .. , , . , , !J////i r G11l1 : . ,' 4.1.tt 11' � !t /• :..)/i!!i'iii�% // ,11N111( ' /ki 1A ; , / / I. f 1 ;� ••44P, ! 1 %�. /11ilk k t i-�,r�` 1411#11 iU1 ` II l i t i j t 1/1 l F I ' !1{1 (= ,\1 ..f . /�t�,11 040 l 1; F k �k� �.`\\�\\\\�\{t‘ `+t 1 7lf / 1 N\ i 1 11 t 1 1 1;1\ t1.'i_tj\\1%%ti i 4+1"�. w 1 1.►� • 1 tlai,61%e;46%;...../ / /1 e : . . ).:::: T. .....: . .- _ -... . . . . . • ; - , ` N ‘ `-'.1 • k I ii. '//� /r1r♦�" • .t l+`. -ter- I /t , ,/ I.�\ ,.*k 1 I I \I LZ ♦46 1 � t \ i. , ,'•t\ J 011 1 1 ♦! ��t\111`\11111,/ ,"N%4:7�•�..��\\1111(11ti11111(11• 11%%/ 11 -4 q FIGURE B-1 AIRCRAFT NOISE ZONES FOR MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT Rossvilis 'OW '4— *AM C nWar be &OPs• M alNsar NMN MsNMMM CwW eekilerWyprsnal of Yi► £MpTii Compiebialiwo Nan $sMiuW for Niyledos 12 T et"' t �sflif i, { :{ s 13s!s s ti;+iir0 hill! se Taff 1; T t 1/!%412$1!, 1+� t{=itjt =iiia{3 3! 11 ir :. 1104101./. : l.t is sts� 3 ! e ! . k 411 sca'is?{rit isfC':i s1iss 1 ;; . i 1!• 1 1 i {-��' 1 ssia7Lli'`; iz:•:it�� Ohl st ...�• ...... ! t � f � h 'II')�i: e•1 sfi i=t t t t /: t�, rtitii� „ u i t ! i• •_i till iii ii,E %1 e,i0. !IL 41y� w"ii- . �, i - t' itt mill: 'ILS• S31s ��-.t_0 iii '` . f t S, f t Ft t I.K 4,s l is ls. is ill "1"1li i.= i t i i' •ts_ �. i i I'd i1f -i -st i I, •icer'.tt t. f.tM�� %� f -Ii , hi s s- . if o ss4 10 :t.si .�l�j3s. �r il `� i#t s,es404 i t# t 'yeti ttE t#!`tilsYjs i:} s! 5iti;:i! f 9 I i Ili !; lua ii ie ill 3.lNittst-!1 ss3 ii!s Iti TYPICAL LOT E 1 1 • iC N w g •P It 1 9' 9 lllUf f Ii ffifffffftI f Mil itamputnummannuammumum , S•K•litf)2tfitiicrtP2.tfSiAttKz211ftf:,;=i=t hitionelitiiiuiiiiiiilltttttutittelie:te'.s:i /0101111ThetitleiMMUMIUMIlt I.12220 t`q ..- �A" i``1c.�iii. �s:.Et ..a iSii *Mimi NNW ti l iitilitd/ i��iiiuii i giite'fi=s 1 iz i - ma�aUNG� . ;fttineueunsamnumegutomputramp t i • 5 It b ' K Ifikndlllllliiilh • ,it ria a.n leui 1 limpuumnumquanumunupgui ; * inn! !: t 6syt I. tLI . s f 11hUUI1iiiniifi:== alissamaimismistagF uctitisssaitMlieuu • t i t 1 aktif t �klyiliy!! it!sikllkkti ! t ; K ' i M1111111111111011111Namllguat inkii ii.Si4i 4.4 ' y ! it rt:t t . Yy1`i i=Si .s==i,fs� �yffye�. =sti3iRs� iiiiiiiii€il€iiiir iiieiii ilasife iieiiiiii>RiReeiMOSM iiia RlrsO siers=astn.=n=sss;espsuisT ustall n r ati ttetti2tefliitiiiiiiii53ii33S:E#33if�elltttiifD! ;Ultumpiemeneemumgeum ViTtrarr ‘‘'!,•. \N;i,', • ler ...t.i, 1 .- -- ''. AIR" \ , it reD4i-N ,46,1.. 1,#.% ...Jr IV r - SI TA A II!!! ,Iffri44d ra „ r IS el . ,,„ I / AY 1111111111" ( 0, MK .„I t-41711:71 / I / Mr I I . I k i�� I I "J I r mi. / / IeilrA / / I 1" I i" N • 1 / coo 1 - . a (Co) February 10, 1994 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 • t •, • 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$enty seconded, a motion to deny a Comprehensive Guide Plan amendment for Multifamily Residential Land Study, Area E. • Aye: 5 MY: 0 After introduction by Mayor Egan, City Adminfsuator H - impolite' Cbundl bad requested a resolution indicating that an amend ,1 1 ? n Cbmprehenslve Guide Plan will not be necessary to conform with Mems plans. Mr. Hedges said that this resolution is a technicality and there wit •. v ns requiring change, however, the only aspect of transportation being addressed utlon is light tail. (oS J 4 0 • 0 • •• • •! 54 9: 7q7 :571!;0 6" ,,•,•_ . 3 913:92 _c 12 16=' • .3/ 72.3/' 0 91 0 :• •� 34 0 6" 0 • 1 51.817 CO 16" 12" CO 16" r,!.• i; 9 3 C MO ONO 411.11 13 5- 4.'nS 0 20" CO 12" tit 54 -/79.0 11 • 16• •• 24"." 53.3/72 7 x,24" • 313/43 0 4` PROJECT SITE 1431/97.0 90 ,, . •-••. FIG.NO.8 WATER DISTRIBUTIQN SYSTEM CITY OF EAGA /ob so" N 0 \79 � 2� 1 N- II 151 ;=:3t .` N -P 12" H -GG TEMFORARY 1 R . 'SED • 41,4 tt 1 N - J r,,-,; 0Ai t: - %Ns 111 N -T is, % \':— s• 3� •..�.it . N . . w_;,t{,� .1 ° : "E�. f .7 11. PROJECT SITE FIG. N0. 7 SANITARY SEWER TRUNK LAYOUT CITY OF EAG QDb.V /U 86/.00 jj�t;;!! FP - 894. 899. 21 • FP - 850 54 FP -71 871.5 s 875.0 1 b68.9• 72 .6 7.. FP - 8 75.6 879.0 -EP -13 839.0 84 .. FGP-12 :880.0 11 E -n,.1$:. ;',!E' EPS L. S. - a 846. =ni:q: f \.\ 952.0 - EP. -1. . v o. 4 s \' $29.0 ea `\ ••/ 844.0 p••,fi* t t e.� �•� GP -1I 856.0 440.0 . .,f. gt -•E-b EP -2 829: 844: - • EP -4 $66:0` 672.5, r -- I ;1 PHE cern •I ! i.irt lc 1 HO i2 c. � ri�P�1E4 5 GP -8 SeC4C3 I 6 -5 1 __.847.0 FIGURE No. 17 STORM SEWER LAYOUT • MAP CITY OF . EAGAN PROJECT SITE IMOD 001100 MAI VOW -1“1•0411 WOW ItMIMt t..._a 0.-_411.0•__- 10101111 tIPT MASON 11•01,Ib • 001111 uh STATION Mme• O 10001i ,e11Q ww ....OINNEM, 11.1~01 .. •♦ MAJOR 0100011 0000 NONMAt w*ft0 MIL . . . .. . . 000.0 INN W11100 uVR • !oo.o 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 /4" Apiu�� Address a Lot -C. ,)o) w+1 d.d� J Yl3/114 q - Aa y ca -r2( ..L 3- -9 3-i z 76 ,4/7E: 44g is &io zezi/i eAk 1/40/pc' H/1/4464�i�fotpesz. O)-cLA irds l 42, al 4/ .//3/1'.ei-1 .S.s� cs(07Z, 4%', 3-,j - 6'�! fJ 4are ItAK.s A- ca." iso �� Law,..,. Wl m 4 110 -7(o ' L 3- �ohe)4/� Rd. 3 -" "f 914 ?4A'AY ll� 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- '5 of � 4../ 3 --/;--15/ 7474 e &tru% f"• -.F: 7O.e14l4c 4,..4 r., 3 -id -97 ,,,3—.01-99 Gov Lone Da& • ia*/ AVIA- 3-4a->' .13-POIV Adi 4A0or, 3- -44 f a7 a he- '7 ° . .1A1)9,),•73 -4%L751 c)c f �l� 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-, %3r 3-/c s 3 6"-). l �t�, v `�i3/, 4. 2/4 O eed3Z 14€ s-ze zew.L. g1/0 - 44-1'419,L' .. -p aft P'4'. 3/0/79 ?� M7ok,'C-lf .)/ /cv 1316 X16 k cI L, 7350 c jt4 krusE Tai-1 3111/9q 7.350 laid%oL-4.0, /Zezd /. z h! Oa "my ':reit 4 /fin .5/i/hi 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 z61404A-0)C1J44 40,1x-xgAlek d 00 Yi,fte t9rzL -3-i-9Y CUA 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. lac, ZONU'ii • tll ACKHAWK PARK BE RR166MiM PARK 1.104 INArtw. 71.1/92.0 Ad C 101.0 SCHOOL 4W_ rnoir R ui+urr 4 PROJECT SITE FIG.NO.8 WATER DISTRIBUTION SYSTEM CITY OF • EAGAN 13° 11 FIGURE 5.A.3.a: THOROUGHFARE MAP ■ • 1111111. ow.I_IIJIMIMMVII II. LAGAN, MINNESOTA INTERSTATE FREEWAY 150300 S. 111111111111111111111 OTHER PRINCIPAL ARTERIAL 150-200 ft. MINOR ARTERIAL 100150 R COMMUNITY COLLECTOR 80 n. NEIGHBORHOOD COLLECTOR SO R OA H UNE REPRESENTS MORE ROADWAY SENT a N Nw.00111-iI w 'I MN IIw1 0..0 00 4.111,016 2110 tM NU "'ors" NOW vw 'wNH;:�IWiJkv} iii ; 8 I II W al gl N i Z /z' 41, CCL r 4 i 1 4 11 ._�—, IiiIII I 1 11 1 • 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 Total Mal r PAAIK a•wer Pt AMA ifR Mem /�R es. guying R nag; Pg es- sow PT et It. WTI lit ��•M►�ttOOOIN n fEwi i� re rt 11.alatON a i�•YTV1� 14`t 4 4 LOCATION ZONING GUIDE PLAN t CD 044 V10S31 a•! ' HVOV3 'OOv H1O1 SOOOM O14d3dSHM 1Vld ) V1 3l3ad I %4r•40•i 391 S95 V10$3i01 WW6+ E: X01 0NI833NIJN3 Sf1HAN • ri_ i Tiri W - PRELIMINARY PLAT FOR 1 a 1 I a • l I �I t~ 1 L Owiaols rt— -i / / I � / / 3 ret®o to N W 1 i .(,q-- f.1 a1 —J y 5 I // /v// 51 J ‘2 o }fie I 1 a 1 1 e 1 I OVOd • 2 Pp 0 0 • w•e e8 > > LI� K W � W / bRb --b WHISPERIING ^e 1 := 1 I I :t I I ~i I { EA AN • N r r varre 40, Atar A`rr Nowt VLOS3tM NVDV3 'OOV HOI SODOM ON RI3dSI M NVId ON IOV21O sOS•9►t-009i 3Hl ts% V1063r44 m+ae d xoi ONIb33NiON3 Sf1HJ.N tva N •1,M aanaw .aw aaw.w w O O 0 eg BENCH MARK GRAPHIC SCALE •/ - ./ �, I I P—/ • /% / / i� \ / / / /e .0: ::: ,▪ • 7 /iii-. \ / / /%// /// / / ///1/ / ////./Ji � / / / 1 ! [ \I " \ / \ \ i`\\i\Il//5j/, 1\ \\\`�%//f tr. Pi ,/(1 ''t 11 /r 1\\I /,/ 1 I t\ Iloi\` / 1IJ41 _I / 1111f % 1 111111 1 �1 / / II 111111.003 ▪ / (//Ijll 1.///, /II/IR-9f/// J 424 1...g15 Lim :dS.i i11 10 lig i`t h1 N - Y W E as : i l l 1 I I i t I / `� ; 1 I kt�\., 1 1\ 1 I // /�•,, / 0 0 2c, - 0 ZN 0.0 F n t W 2_ / a 0 J (' O - a piny,' = i�' cif a�i�`t \ \ rhil;:q 1 lr si51! lil ri i- r 1\ \ - M sn V1OSNIA ' NVOV3 'OOV H101 SOOOM OR13dSHM NVId 1d3DNOD — YC44►►-0OPi 3 d! GS% M ♦i4 Lnua+'ac Eos OIJ183 41D1 i3 Sf1HAN ww�r wi �I SIA tliW� 41.1.1.l% Q .41 a tot 00 10 feli 5 A�.. _is n.. T �w, 7 j/ ! 41 _ � 111141.4.01 Q _ !!( 1 t■ 1 1 � g1 t 1 L _ 1_ — 6i !� �I i 1 I I _QI WV1110is gir { / ' / /S� //.4001 AAP s • e • • • • i • 1.1 RAI 3 / // // // I(/ 11 i l Ji 1 I _ . I ,� 1 ,�� 1 1 6 J 1 �erlrrrfm / i 1- • i _ j / 1 F 10 PI git,1 � , : / ' 1 .. I ._. ... �� . i IVI 11 �t ... :.- ''` 11 _ . _ • •• _ t . .- ..-...a-..:�......•- ••- •. -.. -.• •-- ~.. 1 1 R • -- � w 1 ' 1 i 3� 1 EA AN FIGURE No. 17 STORM. SEWER LAYOUT MAP N MIAO : .Taw aims boo* 111011m SIMMS ..w mom LIr t R ATION brow 0101111 $TA1 ON rM�� WNW POIIOS WM IMAM MOON x0110 NONYAL MAIM L/YR . . . .. . 900.0 POND NNIN MARK ISM • 1004 INIMI AID MAW IIOUTS MMUS 1111111111• MARI A RAHN PARK oilKOTA COUNTY PLAT *a RAH -- RID nr.> EAG 4 ROYALE r . . CKEI 1 Nay 4 %lawn" W- R2 PROJECT SITE • . . 7 ; I • "."' 11 RIDUCLIFF P W- S DAKOTA COUNTY PAR K FIG. NO. 7 SANITARY SEWER TRUNK LAYOUT CITY OF • EAGAN I SS C 4 PROJECT SITE DAKOTA r. 24. 4.0 V APPLE , ' VALLEY FIG.NO.8 WATER DISTRIBUTION SYSTEM CITY OF • EAGAN I S� t t • • Whispering Woods Concept Plan/ • Cedar Heights Addition Whispering Woods Concept. Plan 4 • Slater Road connection • • Whispering Woos 10th Addition • ft Pt 1 ( 9 • tg i , t • 77 .•.. : • 1 -. t • ♦ . 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 pg LOCATION ZONING COJIDE P AN °?Cl i 1 1 ER STUB )1—'161-1 " 7 I $torland Road -- RE = 1026.00 E • 1010.00 12 z RE • 1000.00 U•000.00 • 1 CONNECT TO EXISTING 6 3 CONNECT TO EXISTING IM RE • 057.05 1E 031.06 • 4 4.1•111.•11., 411M011•1% 1 1 . .• . . CEDA Li.IF CQM PA R K 30.8/5 EAGA ROYALE RAA RID IA UAW t.uU z ;'1 COMMERCIAL 111/0 o . PA RK 4144 1r %ice PROJECT SITE DAKOTA Pek APPLE VALLEY CITY OF EAGAI FIGURE No. 17 STORM SEWER LAYOUT MAP 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 S.F. $810 /lot 14 lots Elan a03 111 ' 1tI �// / \ ` ` 1 id F \ 1 111 ` `:`�` - /r / �; f 1/ I111p � ! / 1 1 1 '" / / / / / / / / ,i /, � / w ere.•t / / r I II 1 I 1 // i t 1 rt l' ; ,a. • • `,r•r! 1t 1.( r m 114 '—• si •r�• 4 •• f 1 �� a;/ 4a/r , p�y 1 /// /as r 1 ///,/ / / r fr/4. // : /:;:/ / / , :: :4 :: 111 / 1111 /// :// S o,,� / r J i 111 /,/ /M "•%e / /���.• /v /rr 179:: / � r� /I L. 'i l r � / ► Ih� /1' lrl /r • / / , ,,, , r ► ► I r fill ► S.:4% \ I 1111 l / i 1 sw ' , l lyr , _ jh h �ih •, � Id • •.; 1• ;; i O M I N C' GUIDE PLAN 2a& 1 a s 1 s s! 1 31 . Q i ■ 1 • . D.Pl""1. i •- • 3AItl0 • 1 F 143031 II • • u o - • ♦ ♦ �♦ _J__ i • SM 1 1 a { 1 • • • • r • , ‘.. 1 ... J •S i ' r • IIt • 4 �i� t. .uIa!Ii „ kuiy • • I tl1 II d idol 61 r aaq 4 1 2 2 { wouvAlla opor0114110i 3N1'1 13101A , ...� vaovaH+w x►�I i3 1 11 r - - - -, r - - - - 1 1 1 1 1 1 1. I 1 1 $ 11 1 d FOX RIDGE OACH PAR • FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN 4 it CITY PROJECT SITE IMMO MOM ARM ✓ OW MOM «••d .� • imam S.1.... WORM 1NT OMEN WM. • WOW VT OTAt1061 1pows• . MOM RIM _- • • • MAN w111 ON - 1 NAtl11 tttlu. . ; . .. . 900.0 90110 MN WOW MIL 000.0 99119IA9t NOYIM EAGA t(c FIG. NO. 7 SANITARY SEWER TRUNK LAYOUT CITY OF • FIG.NO.8 WATER DISTRIBUTION SYSTEM CITY OF • OVON B ONN 1011d 1 OVO& OM& 3nN3AV NOIONDG1 3nN3AV )ik1VWN30 zi z r 6 u. 0 1 • v 3 4: 1 to ri t; ri _ . • .*t1...•I• 11 _•t3'3 1 f 1 1 • 1. • • it t1 [1 s•. : - . : 1'f 1 e 11 . t 1 1 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. • PAW • K 1t•NLttl K I. rt n•+taattIoIt K M• Y0OI# ►t n 4. NA ►• M• ?INrtttt ►► 1• • Mt( W ►t 4. tlttt. 'M f• • tl /1 .11* Pt 3. '00010 µit :E 1Nttp rt 1i • w r. fi : trwu ��1 I I • 3 15.2 s. 9 , w �.J 45 "17 92! 1„ d sit a N 2 • 4•1111, ORD MO I r; I �.o 940.0 t.o V„11.1 4 Tv N A.,t -SS l e, • ••n 2 .33 / J/ t,gt?A1,E v . %A- 9.I c>3 t .9 o• ce '•1 ��'ti -c .1 -t 41'5' f � I s I 0 70.40s 34 0 t 9 1 04 " W � " 7." E 9,0•!!, • ►.loRTtl 4444 -E 1". 3v' ALL 6EARJ N44 d.44tiU Ep 0 VE (bT65 mom Mo1 pE4 C.L► t P 1 LOT 24 , gLoGK. 2, 13e¢KSNIRE poi4D+, DAJLbTA. Go MITT, MWluEhoT,4 I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Date, A/,.. f 3 19 4 . � L oy Bohlen egistered Land Surveyor tio. 10795 10g Com Il hdlllt %97 .. :_ L .. �. . ; ,;, . • r • • Ii lem Emu 011 !MEMOS Vi 1 • idirammunimilum" ARATMAINSTI ■Rym ■■e■ Rim ■■■■■E■■■MIN MIME ■■■ RE ■ ■ ®s ■ MIME ■■■■ ■i i■■■ MMOLIAM ■■■■■■ ■■■■■■■UMMR ' II.. ■ Csi • • L. J t 1 � —�— 1 _a • • 4 alp . t .- .J�..� — _ t , . ', 44 .: • • • i _ . _,.___ 4 ., 3' I 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 ••• • • •• • • • • • • • • • "." • P • • IP • •■ 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.