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08/16/1994 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING August 16, 1994 6:30 P.M. 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) PERSONNEL ITEMS LICENSES, Plumbers RESOLUTION, approving First Supplemental Trust Indenture - Multi -family Housing Revenue Refunding Bonds - Aspenwoods of Eagan PROJECT 673, Revise Pending Assessment Roll, T.H. 3/School Road streets and utilities PROJECT 656, Authorize preparation of preliminary design/layout; Cedarvale access improvements PROJECT 648, Receive final assessment roll/order public hearing; Woodlands North 3rd Addition SPECIAL USE PERMIT, Rainbow Foods, to allow the outdoor sale of produce and food under two tents August 26-28 located in the NW 1/4 of Section 15 on Lots 1 and 2, Block 1, Town Center 70 Second Addition AMENDMENT, Eagan City Code Chapter 10.21 regarding regulation of turfgrass, meadow and woodland establishment and maintenance CONTRACT 94-12, receive and reject bid for North Bur Oaks Park grading CONTRACT 94-14, receive bids and award contract for sealcoating trails and parking lots RESOLUTION, Dakota County Juvenile Curfew Ordinance FINAL PLAT, Villas on Violet Lane, DLJ Associates RECOMMENDATION, Airport Relations Committee, recognition of Northwest Airlines Stage III Aircraft Conversion Activities CONTRACT 93-P, Acknowledgement of Project Completion, Wexford 2nd Addition streets and utilities CONTRACT 93-08, Approve final payment/authorize perpetual city maintenance (Woodlands N. 3rd Addition - streets and utilities; Chatterton Ponds - storm sewer; and Atlantic Hills Drive - street and storm sewer improvements CHANGE ORDER #1, Cedar Grove and Ken Applebaum Additions - utility and street reconstruction CONTRACT 94-03, Change Order #2, Blackhawk Road/Blue Cross Road street and storm reconstruction VI. 7:00 - PUBLIC HEARINGS (SALMON) VII. OLD BUSINESS (ORCHID) VIII. NEW BUSINESS (TAN) A. VARIANCE, Dale and Annette Vincent, of 10' from the minimum setback of 40' from Deerwood Drive, located on Lot 14, Block 6, Birch Park Addition, located in the Northwest Quarter of Section 22 B. CONDITIONAL USE PERMIT, Johnson's Richfield Sod & Blacktop, to allow outside storage of trucks and landscaping material in a General Business district located on Lot 5, Block 3, Letendre 2nd Addition in the SW 1/4 of Section 9 on the east side of Sibley Memorial Highway (Request to continue.) REZONING, Easter Lutheran Church, of approximately .8 acres from A (Agricultural) to PF (Public Facility) located in the NW 1/4 of Section 27, south of Easter Lutheran Church and PRELIMINARY PLAT, consisting of one lot located in the NW 1/4 of Section 27 on the SE corner of Diffley Road and Pilot Knob Road REZONING, Brad Sticker, of 2.5 acres and 3 single family lots from A (Agricultural) to R-1 (Single Family) located in the NE 1/4 of Section 14, north of Sunwood Trail and PRELIMINARY PLAT and variances to the minimum lot width and cul-de-sac diameter (2 9'7D P,1&I E. �IX. e 'PA. ISO B. Jy C. - rt. R. XI. XII. XIII. PRELIMINARY PLAT, Yankee Plaza - M G and one Outlot on 4.6 acres located Campus and CONDITIONAL USE PERMIT to Business) district located on Outlot the SE 1/4 of Section 16 on the east ADDITIONAL ITEMS (GOLD) Astleford, consisting of one lot on Outlot A of Rasmussen College allow a daycare in a LB (Limited A of Rasmussen College Campus in side of Federal Drive REVIEW MASTER PLAN LAYOUT for South Dodd Road/Carol Street CONTRACT 94-11, Receive bids/award contract, Waterview Addition trunk utilities PROJECT 669, Authorize preparation of environmental studies and preliminary design/layout; Ring Road - 35E interchanges/overpasses LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) 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 without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 11, 1994 SUBJECT: AGENDA INFORMATION FOR THE AUGUST 16, 1994 CITY COUNCIL MEETING ADOPT AGEi DA f APPROVE MINUTES After approval is given to the August 16, 1994 City council agenda, regular meeting minutes for August 2, 1994 and special Council minutes for August 2, 1994, the following items are in order for consideration. i Agenda Information Memo August 16, 1994 City Council Meeting CONSENT.AGENDA There are seventeen (17) 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, those items 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. Ratification/Equipment Maintenance Worker and Construction Analyst --In official action at the August 2, 1994 City Council meeting, the Council approved the hiring of persons to be named by interview panels for the positions of Equipment Maintenance Worker and Construction Analyst. The names of the persons so recommended are Woodrow Kocurek for the Equipment Maintenance Worker position and Joseph Voels for the Construction Analyst position. It would be appropriate for the Council to ratify those hirings at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Woodrow Kocurek as an Equipment Maintenance Worker and Joseph Voels as the Construction Analyst. Item 2. Preschool Instructor --After interviews, it is the recommendation of Youth Development Coordinator Ashley that Shelly Vasquez be hired for the Preschool Instructor position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Shelly Vasquez as a pre-school instructor. Item 3. Seasonal Equipment Maintenance Worker --After interviews, it is the recommendation of Chief Mechanic/Shop Supervisor Streefland that Jay Springer be hired as a seasonal equipment maintenance worker. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Jay Springer as a seasonal equipment maintenance worker. Item 4. Seasonal Park Maintenance Workers --After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that Don Smith and Milo Raaum be hired as seasonal park maintenance workers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Don Smith and Milo Raaum as seasonal park maintenance workers. a Agenda Information Memo August 16, 1994 City Council Meeting PLUMBERS LICENSES B. Licenses, Plumbers --City Code requires that plumbing contractors be licensed on at least an annual basis. At this time, there is one plumber, Bruce Nelson Plumbing & Heating Service Inc., whose application in in order for consideration by the council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumber's license for Bruce Nelson Plumbing & Heating Service Inc., as presented. 3 Agenda Information Memo August 16, 1994 City Council Meeting SUPPLEMENTAL TRUST INDENTURE/MULTI-FAMILY REFUNDING BONDS ASPEN WOODS C. Resolution, approving First Supplemental Trust Indenture - Multi -family Housing Revenue Refunding Bonds - Aspenwoods of Eagan --Enclosed on pages through is a resolution covering the First Supplemental Trust Indenture in the above referenced refunding. The supplemental indenture amends a portion of section 6.03 (I)(a) of the original indenture to conform with existing conditions. This item has been reviewed by the City staff and is in order for consideration by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To adopt a resolution approving the First Supplemental Trust Indenture for the multi -family housing revenue refunding bonds for Aspenwoods of Eagan as presented. RESOLUTION NO. RESOLUTION APPROVING THE ATTACHED FIRST SUPPLEMENTAL TRUST INDENTURE AND AUTHORIZING THE EXECUTION THEREOF FOR THE $5,580,000 CITY OF EAGAN, MINNESOTA, MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (ASPENWOODS OF EAGAN APARTMENTS PROJECT) SERIES 1994 WHEREAS, on January 4, 1994, and January 18, 1994, the City of Eagan, Minnesota (the Issuer') adopted a resolution (the "Final Resolution") approving the issuance of its Multifamily Housing Revenue Refunding Bonds (Aspenwoods of Eagan Apartments Project) Series 1994 (the "Bonds"), for the purposes set forth in the Final Resolution; WHEREAS, the Bonds were issued by the Issuer on January 27, 1994; WHEREAS, Eagan Apartments Associates, a Minnesota general partnership (the "Company") has proposed that the Issuer consent to the amendment of the Indenture of Trust pursuant to which the Bonds were issued in the form of the attached First Supplemental Trust Indenture, and the Company and the Issuer believe it to be in the best interests of the Issuer to do so; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF EAGAN, MINNESOTA ACTING BY AND THROUGH ITS CITY COUNCIL AS FOLLOWS: Section 1. Pursuant to the above recitals and to accomplish the purposes set forth in the attached First Supplemental Trust Indenture, the City Council of the Issuer hereby consents to the amendment of the Indenture of Trust pursuant to which the Bonds were issued substantially in the form of the First Supplemental Trust Indenture attached to this Resolution. Section 2. The Mayor and Clerk -Treasurer are hereby authorized to execute the First Supplemental Trust Indenture in the form attached hereto with such insubstantial changes as shall be approved by them as evidenced by their signatures. Section 3. This Resolution shall be effective from and after the date hereof. Adopted: , 1994 ATTEST: Clerk -Treasurer Mayor CERTIFICATE The undersigned, Clerk -Treasurer of the City of Eagan, Minnesota, hereby certifies that the foregoing is a true and correct copy of a Resolution duly adopted on the 18th day of January, 1994, and that such Resolution amends the Final Resolution adopted January 4, 1994, remains in full force and effect and has not been amended or rescinded as of this date. January 18, 1994. Clerk -Treasurer G, FIRST SUPPLEMENTAL TRUST INDENTURE THIS FIRST SUPPLEMENTAL TRUST INDENTURE dated as of June 1, 1994 (the "First Supplement"), by and between the CITY OF EAGAN, MINNESOTA, a municipal corporation duly organized and validly existing under the Constitution and laws of the State of Minnesota (the "Issuer"), and NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, a national banking association, as trustee (together with any successor trustee, the "Trustee") under that certain Trust Indenture dated as of January 1, 1994, between the Issuer and the Trustee (the "Original Indenture" and, together with this First Supplement, the "Indenture"), WITNESSETH WHEREAS, the Issuer and the Trustee have previously entered into the Original Indenture with respect to the Multifamily Housing Revenue Refunding Bonds (Aspenwoods of Eagan Apartments Project) Series 1994 of the Issuer (the "Bonds"), issued in the original aggregate principal amount of $5,580,000; and WHEREAS, the Company and the Bank (each as defined in the Original Indenture) have requested the Issuer and the Trustee to amend the Indenture to reflect the understanding of the Company and the Bank that, from Pledged Receipts received by the Trustee, there shall be set aside, on a monthly basis, in the Principal Account, amounts so that adequate provision will have been made for each Sinking Fund Payment as and when due. NOW, THEREFORE, in consideration of the foregoing premises and intending to be legally bound, the Issuer and the Trustee hereby amend and supplement the Original Indenture as follows: Section 1. Amendment to Section 6.03(I)(a). The third subparagraph of the second paragraph of Section 6.03(I)(a) of the Original Indenture shall be amended by amending and restating the same in its entirety as follows: "THIRD, to the Principal Account an amount equal to (i) that portion of the Sinking Fund Payment or maturing principal next due on the Bonds which would have accrued to the end of the immediately preceding calendar month if deemed to accrue monthly from the Sinking Fund Payment due date next preceding such due date (or with respect to the first such due date, from June 1, 1994), less (ii) any other amounts then on deposit in the Principal Account;" Section 2. Confirmation of Original Indenture. Except as amended and supplemented hereby, the Original Indenture is hereby ratified, confirmed and reaffirmed in all respects. The Original Indenture and this First Supplement shall be read, taken and construed as one and the same instrument. 257913.01.01 Section 3. Miscellaneous. (a) Definitions. All capitalized terms which are not defined herein shall have the meanings given such terms in the Original Indenture. (b) Counterparts. This First Supplement may be executed in one or more counterparts, each of which shall be an original and all of which shall constitute but one and same Instrument. (c) ,Severability. If any provision of this First Supplement shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatsoever. (d) Governing Law. The effect and meanings of this First Supplement shall be governed by and construed according to the laws of the State of Minnesota. IN WITNESS WHEREOF, the Issuer and the Trustee have caused this First Supplement to be executed and attested on their behalf by their duly authorized representatives, all as of the date first above written. ATTEST: By Clerk -Treasurer CITY OF EAGAN, MINNESOTA By Its Mayor NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, as Trustee By Its -2- 8 CONSENT OF COMPANY The undersigned, Eagan Apartments Associates, hereby consents to the foregoing First Supplemental Trust Indenture, all as of this _ day of June, 1994. EAGAN APARTMENTS ASSOCIATES By Its Managing General Partner -3- cr CONSENT OF BANK The undersigned, The Sumitomo Bank, Limited, acting through its Chicago Branch, hereby consents to the foregoing First Supplemental Trust Indenture, all as of this — day of June, 1994. THE SuNIITOMO BANK, LIMrrED By -4- Its ( i"' DOHERTY RUMBLE & BUTLER \-ter+. :\11+1\ Attorneys at Law 1V10 Fttt1' Street lo+nn 1511 South Firth Street k1nneapoh' \linneana;;W. 4237, Telephone (h1221 3.10 6\\ 0•!221140-; s4 titer's direct dial number. \'inne,ota l\,+rld Trade ( enter Lt I .+ •+enth Street Saint Paul \hnnew+ta ;;Ittl-440 Telephone rr 1212'41-4333 F-\\, 1 1w..uai 6121343-5640 Iae,ruder Rutldinl; Ih_; \I -treet. \ l\ 1\a•hington. DC 21X136.3203 Telephone :2021 'a3-03;; FA A , 2021 n;w-t Unn $5,580,000 CITY OF EAGAN, MINNESOTA MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (Aspenwoods of Eagan Apartments) Series 1994 23711 One Tabor (enter 1200 Seventeenth Street Dern er,Colorado 80'02_7,01 Telephone (1031;72-6214, FA \ I k13I 72.0201 Repb }hnneapoh,,+1t1,, We are acting as bond counsel in connection with the execution of a First Supplemental Trust Indenture ("the Supplemental Indenture") by the City of Eagan, Minnesota (the "Issuer") and Norwest Bank Minnesota, National Association, as Trustee, relating to the Issuer's Multifamily Housing Revenue Refunding Bonds (Aspenwoods of Eagan Apartments) Series 1994 in the aggregate principal amount of $5,580,000 (the "Bonds"). The Bonds were issued pursuant to an Indenture of Trust dated as of January 1, 1994, by and between the Issuer and the Trustee (the "Indenture"). In such capacity, we have reviewed the following: 1. The Supplemental Indenture dated as of June 1, 1994, between the Issuer and the Trustee, amending the Indenture to make provision for the setting aside of sufficient moneys to make the Sinking Fund Payments that commence on January 1, 1998. 2. Such other documents executed in connection with the Bonds as we deemed necessary. We have assumed, without investigation and without so opining, (i) the genuineness of all documents, and the signatures thereon not signed in our presence, (ii) the authenticity of all documents submitted to us as originals and the conformity with originals of all documents submitted to us as copies, and (iii) the due authorization, execution and delivery of such documents, where execution thereof is required, by all parties thereto. Based on such examination, and subject to the foregoing assumptions and qualifications, and on the basis of federal laws, rulings, and decisions in effect on the date hereof, it is our opinion that amendment of the Indenture pursuant to the Supplemental Indenture is authorized under the Indenture and will not adversely affect the validity of the Bonds or the exclusion of interest on the Bonds from the gross income of the holders thereof for federal income tax purposes. Dated at Minneapolis, Minnesota, this _ day of , 1994. DOHERTY, RUMBLE & BUTLER, PROFESSIONAL ASSOCIATION By: 57605 Agenda Information Memo August 16, 1994, City Council Meeting REVISE PENDING ASSMT ROLL (TH 3/SCHOOL RD) D. Project 673, Revise Pending Assessment Roll (TH 3/School Road - Streets & Utilities) --On July 19, the City Council held a public hearing to consider the improvements under the above -referenced project and as a result of that public hearing, approved the project and adopted a preliminary assessment roll. On August 2, the City Council reviewed the assessment policy and subsequently revised it to provide an increase in City funding. As a result, the preliminary assessment roll has been revised and is now being presented to the City Council for formal ratification as the official pending assessment roll for this project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the revised pending assessment roll for Project 673 (11-1 3/School Road - Streets & Utilities). 1 Agenda Information Memo August 16, 1994, City Council Meeting AUTHORIZE PREPARATION OF PRELIMINARY DESIGN/LAYOUT (CEDARVALE ACCESS IMPROVEMENTS) E. Project 656, Authorize Preparation of Preliminary Design/Layout (Cedarvale Access Improvements) --On July 19, a public hearing was held to consider the proposed transportation access improvements from TH 13 to the Cedarvale area. As a result of that public hearing, the City Council denied the project but expressed concerns that traffic in the area needs to be addressed and suggested that the businesses in the City get together to continue to try and find an acceptable solution. This project was originally initiated by a petition of the Cedarvale Merchants Association accompanied by a $4,000 contribution towards the preparation of the feasibility report and presentation of design alternatives at informational meetings and the subsequent public hearing. The City agreed to match the amount and, to date, $8,050 has been spent. One of the major concerns was the impact to the Express Donuts property associated with either alternate and the related construction costs. Gary Morgan has requested the City to pursue further detailed design efforts to see if there is a way to minimize the impact to the Express Donuts, reduce the construction cost and still accomplish the desired concept of improving access to the Cedarvale area. SEH, Inc., has estimated that it would cost an additional $15,300 to do the field surveys, preliminary detailed engineering design drawings, Express Donut parking lot/site plan layout (existing and proposed), and various meetings with MnDOT, property owners and City Council meetings summarized in a report to be represented to the City Council. Staff is looking for direction from the City Council as to how to proceed with this project and authorization for additional funds as identified. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize preparation of a preliminary design/layout for Project 656 (Cedarvale Access Improvements) within a budget of $15,300. RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (WOODLANDS N 3RD ADDN) F. Project 648, Receive Final Assessment Roll/Order Public Hearing (Woodlands N. 3rd Addition) --The installation of streets and utilities to service the Woodlands N. 3rd Addition and a portion of Trails End Drive has now been completed, all costs tabulated, and the final assessment roll prepared. This roll is being presented to the City Council for their consideration of scheduling a final assessment hearing to formally present these final costs to the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 648 (Woodlands N. 3rd Addition - Streets & Utilities) and schedule a public hearing to be held on September 6, 1994. 1 Agenda Information Memo August 16, 1994 City Council Meeting SPECIAL USE PERMIT/RAINBOW FOODS G. Special Use Permit, Rainbow Foods, to allow the outdoor sale of produce and food under two tents August 26-28, located in the NW 1/4 of Section 15 on Lots 1 and 2, Block 1, Town Centre 70 Second Addition --The City has received an application from Rainbow Foods for a special permit for a temporary 30' x 60' tent for outside storage and sale of produce, and a smaller 10' x 10' tent to sell brats and pop. TheApecial permit would last until Monday, August 29. Enclosed on pages / 5 through /Y is a staff report on this item. This site has used similar tents for other promotions in the past. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the special use permit for Rainbow Foods subject to the conditions listed in the staff report. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 8, 1994 APPLICANT: Rainbow Foods PROPERTY OWNER: Martin F. Colon REQUEST: Special Use Permit LOCATION: 1276 Town Centre Drive (Lot 1 Block 1, Town Centre 70 Second Addition) COMPREHENSIVE PLAN: Community Shopping Center (CSC) ZONING: Community Shopping Center (CSC) CASE #: 15-v-14-8-94 HEARING DATE: August 16, 1994 PREPARED BY: Gary Morrison SUMMARY OF REQUEST Rainbow Foods is requesting a special permit to allow the construction of one 30' x 60' tent for the outside storage and sale of produce, and a smaller tent, 10' x 10' for the sale of Brats and pop. BACKGROUND/HISTORY Approximately 3 years ago, Rainbow has used similar tents for other special events. EVALUATION OF REQUEST Rainbow is requesting the special use permit to begin on Thursday, August 25, 1994 and ending on Monday, August 29, 1994. The sale of merchandise will occur only on the 26, 27, and 28th. The 25th and the 29th are necessary for allowing time to construct the tents, and take them down. The tents will be constructed without the use of stakes that will break the surface of the pavement. Only dead weights will be used. The tents will be open for sales one Friday from 9am - 8pm, and Saturday and Sunday from 8am - 8pm. No produce, or product of any kind will be stored or displayed outside the tent. Two "Produce Sale" banners will be attached to the outside of the tent. These will be the only signs displayed on the outside of the tent. Ovemight security will be provided at the tents on the nights when product is being stored in them. IS SUMMARY/CONCLUSION This site has used similar tents for other promotions it has run in the past. Other Rainbow stores in the area have already run this promotion earlier in the summer, including the store in Burnsville. ACTION TO BE CONSIDERED To approve or deny the request for a Special Use Permit allowing the construction of two tents which will remain standing from Thursday, August 25, 1994 to Monday, August 29, 1994, and to allow the outside storage, display, and sale of produce during the days of August 26 to August 28, 1994. If the Special Use Permit is approved, the following conditions will apply: 1. All produce, and product will be displayed, stored, and sold within the tent only. 2. All other applicable City codes. c • f" mo-ol ittfiL Dr, / ,• RAINBOW FOODS °VANN,' SI. rARM I - IAMAP6,: • 2- BIRCH 21 'CR*4Y 4- 221R(5:' RP11,X'. 5 • 111004‘1.002 La, 6 :7,7,,1201777,71•1 7 000011 r, V.1.0 \ Mina( flLtAr r.AALA sw r r • %AYE 1.4.1 £5; ROAD • :4 nwEA:iNitA;re, (•10175f 1.1•7•1 4711. 2. 11 ,-. --111- NW RI, „ 7" \ ......-^ 1•4.1 2 a—, - (1.114 n, ) -- • 0 • , a, ',7.i , '41LS--.., ___.,.., 1 f } ;AGA, quAricirA t f I — " j" 1 reperEIN — ,..•.7,rft:1 " CR/ 1, :• 1 7.'. irro:*---„ ;3 &I'' Qtz V: I( ,u,,,e/V,...' ) LOCATION lOwN :1 Tfl 07.0C. i ---ENTTIE"';;LI% -- ittOnt TO1 dsCEN IC lOtn L I,F • 1• L TOWN CNTR. L • AREA MAP APPROXIMAT LOCATION Agenda Information Memo August 16, 1994 City Council Meeting CITY CODE AMENDMENT/TURFGRASS. MEADOW AND WOODLAND ESTABLISHMENT AND MAINTENANCE H. Amendment, Eagan City Code Chapter 10.21 Regarding regulation of turfgrass, meadow and woodland establishment and maintenance --In early 1993, the Advisory Parks, Recreation and Natural Resources Commission began the process of updating City ordinances and policies relative to landscaping, tree preservation and turf establishment. The Council has previously reviewed and adopted policies relative to landscape improvements and tree preservation. The turf establishment and maintenance ordinance is being brought forward at this time. Enclosed on page ,?) is a copy of the minutes of the APRNRC relative to this item. Also enclosed on pagesa( thrgugh excerpts from the staff reports relative to this item. Enclosed on pages a through2is a copy of the resolution which would adopt the relevant ordinance which is enclosed on pages? . through ACTION TO BE CONSIDERED ON THIS ITEM: To approve an amendment of Eagan City Code Chapter 10.21 regarding regulation of turfgrass, meadow and woodland establishment and maintenance as presented. 1� Advisory Parks, Recreation and Natural Resources Commission minutes of February 4,1993 Meeting Page 7 LANDSCAPE, TREE PRESERVATION AND TURF ESTABLISHMENT POLICIES Superintendent of Parks VonDeLinde introduced this item indicating that a series of changes to the City's 'post -development' landscape and tree maintenance ordinances were recommended by the Commission in 1990 and adopted by the City Council. These included an updating of the City's shade tree disease ordinances, the adoption of a new ordinance goveming turf establishment and erosion control on newly developed lots and a new program for allowing the planting of trees within public road right-of-way areas under a permit system administered by the Forestry Division. John continued that as a result of the Landscape Committee's work, three draft environmental policies have been developed. One is new landscaping regulations under Chapter 11 (Land Use Regulations) of the City Code, another is new regulations goveming lawn establishment and maintenance under Chapter 10 (Public Protection) of the City Code and the third is a new tree preservation and replacement policy which is a free standing policy but not an ordinance. After reviewing some items addressed within the new landscape ordinance John explained that the ordinance, which was adopted by the Advisory Commission, has also been ratified by the City Council. Mr. VonDeLinde then reviewed the proposed Turfgrass Establishment and Maintenance Ordinance noting that it would be appropriate for the .=3mmission to approve, modify or deny the proposed final draft before forwarding it on to the City Council. Tree preservation and replacement policy was the next item reviewed by Mr. VonDeLinde. John explained that the City does not currently have a specific ordinance,policy or guideline which addresses standards for the preservation and/or replacement of trees within new developments or building sites. John added that to date, most tree preservation initiatives have been worked out between developers, builders and staff through a negotiation process. At this point staff is requesting input from the Commission before proceeding with the tree preservation and replacement policy. Erin Ipsen-Borgersen asked that Item C -1c be clarified. Dan Mooradian asked if the intention of the tree replacement policy was to provide an incentive for developers to preserve trees. John responded that that was the catalyst for this policy. Deborah Johnson asked how often developers do not comply with tree preservation. Steve Sullivan responded that developers have become more aware of the City's desire for tree preservation and been more pro -active in this regard. In some instances, Steve continued, developers have done lot by lot grading which preserves more trees than mass grading. It is hope that this policy will help to preserve even more trees as well as find an equitable way in which to provide for tree replacement should mass grading be necessary on a site. Lee Markel) asked if further comments from the Commission could be forwarded to John VonDeLinde regarding the tree preservation and replacement policy. John indicated the Commission's input would be appreciated and staff would bring this issue back to them in March or April. SAND VOLLEYBALL COURTS - GOAT HILL PARK Director Vraa introduced Recreation Supervisor Paula Nowariak who would be presenting a concept plan to allow for sand volleyball courts within Goat Hill Park hockey rinks. MEMO TO: KEN VRAA, DIRECTOR OF PARKS AND RECREATION FROM: JOHN K. VONDELINDE, SUPERINTENDENT OF PARKS DATE: OCTOBER 8, 1993 SUBJECT: TURFGRASS ESTABLISHMENT AND MAINTENANCE ORDINANCE As you know, earlier this spring, the City's interdepartmental "Landscape Committee" completed work on three public policies related to landscaping issues in the community These were: • Implementation of a Landscape Ordinance affecting new developments, • Adoption of a Tree Preservation Policy, and • Revision of the City's turf establishment and maintenance ordinance All three of these documents were approved by the Advisory Parks, Recreation and Natural Resources Commission. However, only the first two were subsequently forwarded to the City Council for ratification. The last one dealing with turf establishment and maintenance was never formally reviewed or approved by the Council. I have attached a copy of the Turf Establishment and Maintenance Ordinance, along with a copy of the APRNRC's motion of approval related to this item. Unfortunately, due to the City Council's busy agenda and competing interests, this item never made it to a workshop session of the Council this year. And obviously, it's too late at this point to begin implementing a new series of Turfgrass Enforcement Regulations for the balance of this year's growing season. However, while it's still reasonably fresh on everyone's minds, I still believe that it would be prudent to bring this item before the City Council yet this fall. This could be done in the format of a workshop, or perhaps just included as an item under the "department head business" of the regular City Council agenda. Whatever the case, I would be more than willing to provide any additional information or presentation that might be required to bring this item to its conclusion. This coming winter would provide an excellent time to make the appropriate changes to the public information/notification process, in advance of impleme . t .'tion beginning in April 1994. Please =' e know if you have any questions pertaining to this proposed draft ordinance revisio John ' •nDeLinde Superintendent of Parks JKV/cm al an • scope of the landscape ordinance, • Landscape plan requirements, • Performance guarantee requirements, • Definitions of terms, • Minimum landscape requirements, • Standards for parking lot islands, slopes ... berms, • Maintenance and erosion control • ements, • Turf establishment and tree pr rvation requirements (references to other policy statements), • Landscaping requiremen ong freeway corridors, • Irrigation system s cations, • Requirements - screens and buffers, and • Control o et planting on public property/right-of-ways. As this fist would ' .:'tate, the new ordinance develops a broader and more specific set of standards as it pertains to landscaping • ' .. multi -family, commercial, and industrial land use developments. Because take anv Or F - , . - . • •• a. opted at that time. zoning controls are under the purview of the City's Planning Commission, the APRNC need not pecific action on this item. The PiAnning Commission on has already approved the proposed Landscape ce at their regular meeting on Jan . 26th. The ordinan _ . a • . • • , i Council on LAWN ESTABLISHMENT AND MAINTENANCE As a matter of history, the Parks and Recreation Department, through its Maintenance Division has overseen the City's Nuisance Weed enforcement and Turfgrass Establishment Ordinance since the early 1970's. In June, 1990, the City Council adopted changes to the Turfgrass Ordinance which placed new requirements on private property owners, mandating the establishment of suitable turfgrass on all front, side, and maintained rear lot portions of any private property within one year of grading or final occupancy, whichever is sooner, and that all turf be maintained at a height of not more than six inches. The code also requires control of all nuisance and noxious weeds. While those elements of the code have been implemented successfully, there is a growing interest among property owners to develop woodland or meadow restorations on their property. The primary interest in making these landscape modifications is to enhance the environmental and aesthetic quality of the property while reducing long-term maintenance needs. Unfortunately, the current ordinance is silent on the issue of meadow or woodland restoration. At times, this has created difficult situations for staff in interpreting what is 'appropriate ground cover treatments between differring land uses and varying perceptions of adjacent property owners. In response, the Landscape Committee has prepared a new series of draft provisions that would essentially replace the existing language in Section 10.21 Subd. 2 and 4 of the City Code. These new provisions would more clearly define the standards governing turf establishment and maintenance, and would allow for the restoration of meadow or woodland areas under certain prescribed parameters and procedures. An ordinance adopted earlier this year by the City of Minnetonka was used as a model for this revision, but it also incorporates existing policies, guidelines, and social/environmental conditions which are germane to the City of Eagan. A copy of the draft Turf Establishment and Maintenance • aace can be found on pages Lip through ( for the Commission's review. As currently proposed, c new ordinance would contain the following pro ons: • A preamble of finding , purpose, and scope • Definition of terms • Application of standards (Note: This ordinance will apply to both developed property and property which has received development approval from the Ciry.) • Establishment standards and timelines • Exceptions for areas restored to woodland or meadow conditions • Specific parameters and requirements for woodland or meadow restorations, • A definition of areas for which turf establishment does not apply (e.g., natural areas), and • A declaration of public nuisances. In summary, the proposed Turfgrass Ordinance is considered to be a less strict but more reasonable approach to restoring and maintaining the natural landscape of the community. This new policy will offer the public an opportunity to select less intensively maintained, and more environmentally acceptable, methods of landscape treatment. Since the enforcement of this ordinance is currently under the jurisdiction of the Parks, Recreation, and Natural Resources Department, it would be appropriate for the Commission to approve, modify, or deny the proposed final draft of the Turfgrass Establishment and Maintenance Ordinance The Ciry of Eagan does not currently have a specific ordinance, policy, or guideline which addresses stan for the preservation and/or replacement of trees within new developments or building sites. To date • •st tree preservation initiatives have been worked out between developers, builders, and staff thro negotiation process. As the Commission is aware, tree preservation measures have been approved b •• e APNRC in the review of preliminary plats and development proposals. wev ...' . • .uirements are not in anv s • c o • ' • . • - . ..li doctrine of Lacking this, the Landscape Committee has placed high priority on the - tion of a Tree Preservation and Replacement Policy which is applicable to all new developments and • building construction. The proposed policy takes into consideration model ordinances from a n .. • of communities, including Apple Valley, Plymouth, Eden Prairie, and Lakeville. Given the length an • • etaii of this document, and its application to both subdivisions and already planted property, the Committ- • • agreed that it be referenced in the framework of a policy guideline and not in ordinance form per se • will avoid duplication within the ordinance and allow greater flenbiliry to staff in the interpretation . • • future modification of the policy to meet the changing needs of the community. A copy of the proposed • e preservation policy can be found on pages lb through lb of the packet. In its basic form, the policy • es developers and builders to preserve any significant trees and woodland masses within the land al - - tion zone' of the site. This arca is defined to include any area in which movement of earth, alteration of pography, soil compaction, or other mange in the natural character of the land occurs as a result of site eparation and grading, construction or any other activity. The policy, as currently written, does not re• e the preservation or replacement of trees which are occupied by the building pad. The Landsca •. • mmittee is currently discussing mitigation requirements, if a- -, that would apply to the area of a site . upied by parking lots, driveways and other impervious surfaces. A : ,% re • lace •• • • •. a be found t • the most practicable and reasonable si - - 44 4.3 i.. - • �� �. r ,� ..c. ! ..� e.,l:..,/ .�u �L. C; re C1cc•..� k. �.1/et...' i i / • • f�/rt f,. • Iry L... tfr[/..�i+•J �.+L CITY OF EAGAN RESOLUTION APPROVING STATEMENT OF PURPOSE IN CONNECTION WITH ORDINANCE NO. 2ND SERIES A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on 1993, at 6:30 p.m. WHEREAS, The City Council finds that there are a variety of landscapes in the City which add diversity and richness to its quality of life. Certain areas in the City have been allowed to return to a natural condition following development. These have been accepted by the vast majority of City residents as appropriate and as part of the unique quality of life in the community. There are community expectations, however, that once an area has been disturbed, landscaped, or otherwise maintained, that the area will continue to be maintained in a consistent manner. When vegetation in that area is not consistently maintained, it becomes aesthetically unpleasing and violates community standards. Property which appears neglected may decrease the value of adjacent properties. In addition, if vegetation is not properly maintained, there may be the following adverse impacts on public health, safety, and welfare: a. Undesirable vegetation such as common buckthorn, quackgrass, and other weeds may invade and threaten to supplant other more desirable vegetation. b. Vegetation which causes allergic reactions, such as ragweed, may develop, and c. Tall vegetation may impair visibility when entering or exiting public roads, driveways or trails. The City Council finds that it is in the public interest to allow property owners to choose the type of landscaping on their properties and to make changes in that vegetation. The Council finds that the establishment of turfgrass, meadow or woodland plant communities on one's property is an acceptable landscape treatment in the City. As a protection for the larger community, however, this change in vegetation must be properly established, managed, and maintained and the period of the transition must be minimized. This requires special consideration because weeds may grow during the first few years of transition before the new vegetation predominates. Therefore, the Council finds that this type of vegetation is acceptable if it is properly maintained to shorten the transition period and if notice is given of the intended result. WHEREAS, the City Council further finds that the attached ordinance balances the public interest in a variety of vegetation with the public need to ensure proper maintenance of that vegetation. NOW, THEREFORE, BE IT RESOLVED that City of Eagan, Dakota County, Minnesota, hereby adopts the foregoing statement in support of its enactment of the attached ordinance adopted on this date. Dated: , 1993. ATTEST: E. J. VanOverbeke, Clerk Motion made by: Seconded by: Those in Favor: Those against: CITY OF EAGAN Thomas A. Egan, Mayor a ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSE" BY AMENDING SECTION 10.21 REGARDING REGULATION OF TURFGRASS, MEADOW AND WOODLAND ESTABLISHMENT AND MAINTENANCE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by deleting Section 10.21, subd. 4, and changing Section 10.21, subd. 2, to read as follows: Subd. 2. Lawn Establishment and Maintenance. A. Scope and Application. The provisions of this Subdivision shall apply to any property which has been approved by the City for development or has been improved with a building as defined in the Building Code, including vacant property combined with improved property for tax purposes. B. Definitions. 1. "Meadow" means an area of grasses and flowering broad -leaf plants, excluding noxious weeds and turfgrass, which are native or adaptive to the State of Minnesota, including, but not limited to, sedge meadow, mesic prairie, dry prairie, wet prairie and perennial wildflower communities. 2. "Woodland" means an area of coniferous or deciduous trees interspersed with shrubs, grasses, broad -leaf plants, and other vegetation, excluding noxious weeds, which are native or adaptive to the State of Minnesota. 3. "Turfgrasses" mean commercially available cultured turfgrass varieties, including blue grass, fescue and rye grass blends, commonly used in regularly cut lawn areas. 4. "Turfgrass" means an area of land which is occupied by a minimum of 90% turfgrasses. ao 5. "Regularly Cut" means mowing or otherwise cutting the vegetation so it does not exceed six inches in height. 6. "Noxious Weeds" means those plants designated as such in Minnesota Statutes, Section 18.171, Subd. 5. 7. "Property" means that property to which this Subdivision applies. 8. "Vegetation" means any non -woody plant. C. Turfgrass and Meadow or Woodland Conditions Establishment Standards. 1. Turfgrass Required. All disturbed or maintained areas of property which are not described in Paragraph D(2) or occupied by buildings, parking, storage, landscape beds or other physical improvements shall be covered by maintainable turfgrass which is compatible to the existing property conditions, including soil, slope and shade conditions. All turfgrass shall be established through sodding, or seeding and mulching, within eight (8) months of the issuance of the Certificate of Occupancy or within twelve, (12) months of issuance of a building permit, whichever is earlier. Any turfgrass establishment on and within three feet of all impervious surfaces shall be accomplished through sodding. The property owner shall be responsible for supplemental watering of all areas established with turfgrass to insure sufficient establishment and root development. All areas of the property shall comply with the provisions of the Eagan Erosion Control Manual and in cases where turfgrass or other ground cover establishment is required for the purpose of controlling erosion, the City may, at its discretion, establish a shorter period of time for compliance with this provision. 2. Non -application of Turfgrass Establishment Reauirement. No more than fifty percent (50%) of all disturbed or maintained areas requiring turfgrass may be restored to a meadow or woodland condition, provided the following requirements are met: a. The vegetation presently existing in the proposed restoration area shall be eliminated in its entirety and the meadow or woodland vegetation shall be established through transplanting, seeding or other means of propagation. b. No area restored to a woodland or meadow condition shall have any noxious weeds or any prohibited tree species as provided in this Section. c. A minimum of three (3) feet of turfgrass shall be established and maintained along the edge of a property where a meadow or woodland restoration area abuts turfgrass areas on an adjoining property in order to provide a transition zone between the two types of plant communities. d. Soil erosion shall be controlled during the transition period of a meadow or woodland restoration and all areas of the property shall comply with the provisions of the Eagan Erosion Control Manual. D. Turfcrass and Meadow or Woodland Conditions Maintenance Standards. 1. All vegetation shall not exceed a height of six inches, measured from the base at ground level to the tip of each stalk, stem, blade or leaf. 2. Paragraph D(1) herein shall not apply to the following: a. A wetland or floodplain designated on the official City wetland inventory or zoning map; b. A drainage pond or ditch which stores or conveys stormwater; c. An area currently being used as pasture land for domestic hoofed animals; d. An area in which the land and vegetation appears not to have been graded, landscaped, mowed or otherwise previously disturbed by human or mechanical means; a8 e. An area that is steeply sloped as to make mowing or cutting of the vegetation not reasonably practical for equipment operation or safety; and f. A meadow or woodland area established and maintained in accordance with the provisions of this Subdivision. 3. Public Nuisance. The following shall constitute a public nuisance and shall be immediately abated by the property owner: a. Noxious weeds; b. Vegetation in violation of Paragraph D(1) of this Subdivision; and c. Vegetation in violation of the public rights-of-way plant and vegetation placement provisions in the City Code. Section 2. Eagan City Code Chapter Ten is hereby amended by renumbering Section 10.21, Subd. 5 and 6 to Section 10.21, Subd. 4 and 5 respectively. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: a9 Agenda Information Memo August 16, 1994 City Council Meeting NORTH BUR OAKS PARK GRADING CONTRACT I. Contract 94-12, Receive and reject bid for North Bur Oaks Park grading --Enclosed on page is a memorandum covering the one bid received on the grading for this project. Staff is recommending that the bid be rejected and that the City perform and subcontract the work at a lower unit cost. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bid from Hoffman and MacNamara in the amount of $40,000 for the North Bur Oaks Park grading contract and reject that bid. 30 MEMO city of eagan DATE: AUGUST 10, 1994 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECQ'-ATION SUBJECT: CONTRACT 94-12/BUR OAKS PARK PLAYGROUND BACKGROUND The City Council authorized the advertisement for bids for grading and installation of a play perimeter of the Bur Oaks Park north playground. RECEIPT OF BIDS/REJECTION Staff received one bid for the work at this park from Hoffman & McNamara at a cost of $40,000. This cost estimate exceeded City staffs estimate by over 30%. Review of the bids, concluded that the contractor was seeking almost $15 per cubic yard for earth work. Because of these high unit prices, staff has told the contractor that the City would not accept the bid. Staff has subsequently determined that a more efficient method would be for the City to act as a general contractor, sub -contract a portion of the work and use existing maintenance staff to do the balance. FOR COUNCIL ACTION To reject the bid from Hoffman & McNamara for Contract 94-12. KV/Ik L7MUROAK.REJ 3l Agenda Information Memo August 16, 1994 City Council Meeting CONTRACT FOR TRAILS AND PARKING LOT SEALCOATING J. Contract 94-14, Receive bids and award contract for sealcoating trails and parking lots -- Enclosed on page is a copy of a memorandum from Parks and Recreation Director Vraa relative to is item. Bids will be open on Monday, August 15 and additional information including a bid tabulation and recommendation for award of bid will be provided with Monday's packet. ACTION TO BE CONSIDERED ON THIS ITEM: To receive bids and award a contract to the apparent low bidder for sealcoating of trails and parking lots as presented. 3a- MEMO city of eagan DATE: AUGUST 10, 1994 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION SUBJECT: BID AWARD -- CONTRACT 94-14/TRAILS SEAL COATING & PARKING LOT SEAL COATING BACKGROUND The City Council has previously authorized for the advertisement for bids for Contract 94-14 which provides for seal coating trails and parking Tots within the City. The specifications were developed and advertised for an opening on Monday, August 15. AWARD OF BID Staff is seeking award of Contract 94-14 to the successful contractor pending the opening of the bids on August 15. Staff will provide a recommendation for award of the successful contractor at the Council meeting on August 16th. KV/Ik L7/SEALCOAT.MMO Agenda Information Memo August 16, 1994 City Council Meeting COUNTY CURFEW ORDINANCE RESOLUTION K. Resolution, Dakota County Juvenile Curfew Ordinance --Enclosed on pages3 J through is a memorandum from the Police Department covering a resolution which would support the institution of a county -wide curfew ordinance. The purpose of the ordinance would be to standardize juvenile curfews on a county -wide basis permitting uniform enforcement by all county law enforcement agencies and the county court system. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution supporting a Dakota County juvenile curfew ordinance as presented. L/ city oF=man ...ice 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 July 28, 1994 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: CURFEW ORDINANCE THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk Judges in Dakota County have requested that the county and municipalities attempt to facilitate a county -wide curfew. The judges were having a logistical problem in deciphering different community's hours and other parts of the different ordinances. They felt it would be appropriate for the young people of the county to have a standard curfew. Sharon Hills, from the City Attorney's Office, met with the Dakota County Chiefs Association to help develop the county -wide ordinance. After the chiefs examined the issue, within their own communities, the State Legislature passed a law allowing counties to enact the county -wide curfews. Dakota County Attorney, Jim Backstrom, subsequently worked with the Dakota County Chiefs and submitted a proposal for a county -wide curfew to the County Commissioners. The County Commissioners seem to be in favor of such a curfew, however, they would like a resolution of support from each community. The County Commissioners are sensitive that they not be seen as "sticking their fingers" in issues that would normally belong in each individual community. The County Commissioners asked that each community pass a resolution in support of a county -wide curfew. I fully support this effort and am requesting it be placed on the next Council Agenda for their consideration. Patrick J. aga Chief of Police PJG:lb THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/AffrrtiveICction Employer RESOLUTION SUPPORTING DAKOTA COUNTY JUVENILE CURFEW ORDINANCE CITY OF EAGAN WHEREAS, the Dakota County Board of Commissioners considered, at its July 19, 1994 Meeting a proposed County Juvenile Curfew Ordinance applicable to minors under the age of 17; WHEREAS, the Dakota County Board of Commissioners passed a Resolution 94-547 seeking the local municipalities' comments regarding their support of the proposed County -wide Juvenile Curfew Ordinance; WHEREAS, the City Attorney approved the proposed County -wide Juvenile Curfew Ordinance as to form and to content; and WHEREAS, the City Council deems it to be in the best interest of the City that the Dakota County Board of Commissioners adopt and enact the proposed County -wide Juvenile Curfew Ordinance. NOW, THEREFORE, be it resolved, by the City Council of the City of Eagan, Dakota County, State of Minnesota, the City Council supports the adoption and enactment of the proposed County -wide Juvenile Curfew Ordinance. Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 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 16th day of August, 1994. E. J. VanOverbeke, City Clerk Agenda Information Memo August 16, 1994 City Council Meeting FINAL PLAT/VILLAS ON VIOLET LANE L. Final Plat, Villas on Violet Lane, DLJ Associates --Review of the final plat documents has been completed and the development contract has been drafted for the Villas on Violet Lane final plat. Requisite financial guarantees have also bee provided. Approval of this final plat would therefore be in order. Enclosed on page is a copy of the final plat as it appears for recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Villas on Violet Lane as presented. Z Q All .1 w »u: et, rw•l. IR 6. • •, £. i4 5.50.10 •1 1I. 1(1115 — 38 Agenda Information Memo August 16, 1994 City Council Meeting NWA STAGE III CONVERSION RECOGNITION M. Recommendation, Airport Relations Committee, recognition of Northwest Airlines Stage III Aircraft Conversion Activities --At its meeting of August 9, 1994, the Eagan Airport Relations Committee recommended that the City Council formally recognize the decision by Northwest Airlines to hushkit 40 of its DC 9 aircraft such that they will comply with Stage III aircraft standards. In taking this action, the committee noted that the City is often raising concerns regarding decisions by the airport and the airlines which negatively affect Eagan's residents. They felt it was appropriate to recognize the home based carrier for a positive decision and encourage Northwest to continue its reduction and replacement of Stage R aircraft on n aggressive schedule. A resolution covering this recommendation is enclosed on page U-0 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution recognizing Northwest Airlines Stage III aircraft conversion activities as presented. 2)9 RESOLUTION RECOGNIZING NORTHWEST AIRLINES STAGE III AIRCRAFT CONVERSION ACTIVITIES WHEREAS, the City of Eagan has a unique and significant interest in the operation of Minneapolis -St. Paul International Airport due to the impacts and benefits it bas for the City's residents and businesses and because it is home to the headquarters of Northwest Airlines, and WHEREAS, the City of Eagan has actively supported noise abatement activities both individually and in cooperation with the Metropolitan Airports Commission and other agencies, and WHEREAS, aircraft noise abatement has been and continues to be among the most significant environmental concerns affecting the quality of life for Eagan residents, and WHEREAS, Northwest Airlines has committed itself to modifications of forty Stage II DC -9 aircraft to meet Stage III noise standards, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan recognizes Northwest Airlines for its investment in noise abatement by initiating the conversion of its fleet to meet Stage III standards, and BE IT FURTHER RESOLVED that the City of Eagan encourages Northwest Airlines to aggressively pursue the conversion or replacement of all of its Stage II fleet in the interests of further reducing noise impacts for airport neighbors. Motion Made By: Seconded By: Those in Favor: Those Opposed: CITY OF EAGAN CITY COUNCIL By: Attest: CERTIFICATION Its Mayor Its Clerk 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 of , 1994. 4,-b E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo August 16, 1994, City Council Meeting ACKNOWLEDGEMENT OF PROJ COMPLETION (WEXFORD 2ND ADDN) N. Contract 93-P, Acknowledgement of Project Completion (Wexford 2nd Addition - Streets & Utilities) --This project consisted of the construction of sanitary sewer, water main storm sewer, and street construction to serve the Wexford 2nd Addition development. The Wexford 2nd Addition is located south of Diffley Road and west of Thomas Lake Road. The streets and utilities for this improvement were constructed by the developer (Dan Dolan Development, Inc.) according to the plans and specifications under the terms of the Wexford 2nd Addition development agreement. This installation has been completed and inspected by City authorized personnel and found to be in conformance with the development contract, plans and specifications, and City standards. At this time, it is appropriate for the City Council to acknowledge the satisfactory completion of these public improvements and authorize perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 93-P (Wexford 2nd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to the warranty provisions as identified in the Wexford 2nd Addition development contract. APPROVE FINAL PYMT/AUTHORIZE PERPETUAL CITY MAINTENANCE O. Contract 93-08, Approve Final Payment/Authorize Perpetual City Maintenance (Woodlands N. 3rd Addition - Streets & Utilities; Chatterton Ponds • Storm Sewer; and Atlantic Hills Drive - Streets & Storm Sewer Improvements) --This contract consisted of the construction of sanitary sewer, water main, storm sewer, and street construction to serve the Woodlands N. 3rd Addition located north of the Great Oaks Addition, south of Trails end Road and west of Elrene Road. This contract also included the construction of the Atlantic Hills Drive cul-de-sac and storm sewer improvements in the Chatterton Ponds area. The improvements were constructed according to the plans and specifications as prepared by the City of Eagan in accordance with City Codes, policies, and standards. The work performed under City Contract 93-08 has been inspected by authorized representatives of the Public Works Department and found to be in order for final contract payment and the City's assumption of perpetual maintenance responsibilities. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the 5th and final payment for Contract 93-08 in the amount of $35,663.59 to Imperial Developers, Inc., and authorize perpetual City maintenance responsibilities subject to the warranty provisions of the contract documents, and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo August 16, 1994, City Council Meeting APPROVE CHANGE ORDER #1 (CEDAR GROVE & KEN APPLEBAUM ADDNS) P. Contract 94-01, Approve Change Order #1 (Cedar Grove & Ken Applebaum Additions - Utility & Street Reconstruction) --The contract documents for the Cedar Grove & Ken Applebaum Additions identifies September 17, 1994, as the interim completion date for work except for minor clean-up and miscellaneous punchlist items. The contract documents specified a completion date for all of the work within the scope of the contract as October 31, 1994. Due to the extent of the reconstruction of the watermain within the Cedar Grove 8th Addition and the poor material encountered as a result of the water main replacement, it is recommended to postpone the paving of the wear course in this area until the Spring of 1995. Due to the existence of poor material as a result of the water main reconstruction, it will be beneficial for the street to undergo one freeze/thaw cycle to allow any possible settlements to occur before the wear course is paved. This Change Order proposes to revise the completion date for paving of the wear course within the Cedar Grove 8th Addition from the October 31, 1994, completion date to June 3, 1995. The second portion of the Change Order proposes to compensate the contractor for the additional manhole and watermain gate valve box adjustments necessary to provide access to the City's utility system during the Winter of 1994/1995. The contract documents identified one adjustment of these structures versus two adjustments required because of the delaying of the wear course until the Spring of 1995. The second portion of this Change Order adds $4,800 to the contract amount. Original Contract Amount Change Order #1 - Add $1,338,927.00 4,800.00 Revised Contract Amount Including Change Order #1 $1,343,727.00 ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny Contract Change Order #1 to Contract 94-01 (Cedar Grove/Ken Applebaum Addition - Utility & Street Construction) and authorize the Mayor and City Clerk to execute all related documents. L( Agenda Information Memo August 16, 1994, City Council Meeting APPROVE CHANGE ORDER #2 (BLACKHAWK ROAD/BLUE CROSS ROAD) Q. Contract No. 94-03, Change Order #2 (Blackhawk Road/Blue Cross Road - Street & Storm Reconstruction) --This Change Order provides for the substitution of recycled crushed concrete aggregate base in lieu of Class V 100% crushed limestone aggregate base. The contractor has offered a 50c per ton deduct to use the recycled concrete in lieu of the Class V limestone based material. Past experience with the recycled crushed concrete aggregate base in the Cedar Grove reconstruction projects has been favorable and provides for an $11,325 deduct to the contract. Original Contract Amount Previous Change Orders Change Order #2 Deducts Revised Contract Amount $1,172,454.65 -$27,912.50 -$11325.00 $1,133,217.15 This Change Order does not propose any change in the contract completion dates. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny Change Order #2 to Contract 94-03 (Blackhawk Road/Blue Cross Road - Street & Storm Sewer Reconstruction) and authorize the Mayor and City Clerk to execute all related documents. Lr'7 Agenda Information Memo August 16, 1994 City Council Meeting NEWBUSINESS VARIANCE/DALE & ANNETTE VINCENT/BIRCH PARK ADDITION A. Variance, Dale and Annette Vincent, of 10' from the minimum setback of 40' from Deerwood Drive, Located on Lot 14, Block 6, Birch Park Addition, located in the NW 1/4 of Section 22 --The applicants are requesting a 10 foot variance from the 40 foot setback from the north side of Deerwood Drive just west of Denmark Avenue. A previous 10 foot variance was approved in May of 1992; however, it was not acted on and expired in May, 1993. The site is a grade change of over 30 feet sloping toward the northeast. The applicant would like to keep the proposed home as close as possible to the top of the slops_ while staying as far as possible away from two large oak trees. Enclosed on pages 4J through .Sb is a copy of the Community Development Department staff report regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 10 foot variance from the required 40 foot setback from Deerwood Drive for Lot 14, Block 6, Birch Park Addition. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 9, 1994 CASE #: 22-V-13-8-94 APPLICANT: Dale & Annette Vincent HEARING DATE: 8-16-94 PROPERTY OWNER: Dale & Annette Vincent PREPARED BY: Gary Morrison REQUEST: Variance LOCATION: 1285 Deerwood Drive (Lot 14, Block 6, Birch Park) COMPREHENSIVE PLAN: D-1, Single Family Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Dale and Annette Vincent are requesting a 10' variance from the 40' required setback from Deerwood Drive right of way for Lot 14, Block 6, Birch Park, located in the NW 1/4 of Sec 22. AUTHORITY FOR REVIEW City Code Section 11.40 Subd. 3.B.4. states that "In considering all requests for a variance or any subsequent appeal, the City staff, the Advisory Planning Commission and the Council shall make a finding of fact that the proposed action will not: (a) Impair an adequate supply of light and air to adjacent property. (b) Unreasonably increase the congestion in the public street. (c) Increase the danger of fire or endanger the public safety. (d) Unreasonably diminish or impair established property value within the neighborhood. (e) Disrupt the traditional practices or social cohesiveness of the community. (f) Or in any other way be contrary to the intent of this Chapter or other applicable City Code provisions. BACKGROUND/HISTORY A 10' variance to the 40' setback was granted to this Tots previous owner in May of 1992. Section 11.40 Subd. 3.E. of the City Code states that a variance will expire after one year from the day it was granted if it is not acted upon. For personal reasons, that owner never began construction of the proposed house, therefore, the variance expired in May of 1993. EXISTING CONDITIONS The site has severe topography and some mature tree growth. The applicant is proposing to position the home in the very southwest corner of the site at an angle to follow the natural slope of the land with the least amount of disruption to the site's natural amenities. As proposed, only a portion of the garage will not meet the 40' setback while the entire home will be set back more than 40'. EVALUATION OF REQUEST The back half of the lot has a lower elevation, and cannot be built upon without interfering with the natural drainage patterns. Included with these drainage patterns is a utility and drainage easement that runs east -west, dividing the property in half. The proposed home is angled into the setback area in order to position the home so that two large oak trees can be saved, and so the driveway will follow the slope of the land, resulting in a more desirable slope to the driveway. SUMMARY/CONCLUSION Birch Park was platted with an 80 foot right-of-way for Deerwood Drive. Under City Code Section 11.10 Subd. 6C, any property along an 80 foot right-of-way requires a 40' setback. Mr. and Mrs. Vincent are requesting a 10' variance to this 40' setback. A similar variance was granted to the previous property owner in May of 1992. Section 11.40 Subd. 3.E. of the City Code states that a variance will expire after one year from the day it was granted if it is not acted upon. The proposed project at that time was never started, therefore, the variance expired in May of 1993. The proposed site is the site that would least disrupt the natural drainage of the lot, and disturb the least existing growth. By angling the home into the setback, two mature oak trees can be saved, and a preferable foundation for the driveway can be utilized. The proposed home is a two story walk -out structure of approximately 3000 square feet, excluding the walkout level. A smaller home could be built on the lot, and still meet all the above criteria. ACTION TO BE CONSIDERED To approve or deny the 10' variance from the required 40' setback from Deerwood Drive for Lot 14, Block 6 Birch Park Addition. If the variance is approved, the following conditions shall apply: 1. No other variances shall be granted for this lot. 2. All other applicable City Codes. �-1 4 i NE 9�tY Hit .l• PARK RAI ER j� TR(ASMENI rAGltITPNW ig) tnr unholy. • IrACk!Tr CARRIACf t1W In 1 S 0nr r blit b0_t:( C(`URSr • St_ ic(ylf t1• " NE REFS MI l Oft �t SCOT ';TIE. .Ill RD R RD �y- H M J_ �' *N', " � 2 4 \N's ;thy--- 7 Tk + 1MP( T •v1 •i( II ID I1W PI t ANR 1411 2 JU.PER p1 w` PI B.s.fi DIF 14110* EI 4PI•f ri OM PI (ll IC. M 11. A 01 'CUT/MOM T[MO1 Z AND rCCAnut. PARA' 121 FORGE 1 MANN PARK *7 PARR PT (1 • Suit/ PI R O- JKRSAbIE P1 VO PT M • YAMOu11 11 AM. P1 O. 1AAAA MSE P1 KSIEAD PT 4 SOMMTL P1 AGE 11 Il• MINTA PT 111L PT 1131. Pt- MIDO(M 41 SE h 11(M P1 WW1. 01 n- STAV11111 P1 SR420Y P1 :1- Al. 141 P1 MMUSM PI CARRi* .1 CAMP ::MJk LOCATION Winderes1 Perk AOGRY .� •• VDA ,.E City of Eepen 11 ,CO'VD•ALE. • • DR VE ___ DEE RWOOD DRIv WUiazzEsLAQDITIO, d Y ! — 1 1. - F fain, POND A .0 k AREA MAP utII - ��:tioD,.Att vi hi .,►- 13 a [ O. t. t. 104.Q0trt 1t es er __J 120.00 14, 1B° oo 10 9 Z \ \ \ °",, \ tel t3 \ \ tp -11I ` m ti, tA to. \\ • \ -.1 •Flo f r \ �� fN , . 1 G 4'/ �♦ te; \ \ q 4�abF / 40 1 1 33 is t J i i iljE ft"'"•;\ rii j'777.77:7:1-1-7 . • • • *, • • • • 20 5 00 89.5 oWiw ti .0. • ., • . •*. !'• .7 .." • • .1 DIIVE ..• •-•-••=v1-/I' t " • DEERWOOD Agenda Information Memo August 16, 1994 City Council Meeting CONDITIONAL USE PERMIT/JOHNSON'S RICHFIELD SOD & BLACKTOP B. Conditional Use Permit, Johnson's Richfield Sod & Blacktop, to allow outside storage of trucks and landscaping material in a General Business district located on Lot 5, Block 3, Letendre 2nd Addition in the SW 1/4 of Section 9 on the east side of Sibley Memorial Highway (Request to Continue) --At the July 26 Advisory Planning Commission meeting, this item was approved subject to several conditions including one that a new detailed site plan including a proposed phasing plan be completed prior to the City Council meeting. This has not been submitted to the City yet and the applicant is requesting a continuance to the September 6 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To continue this item to the September 6 City Council meeting. Agenda Information Memo August 16, 1994 City Council Meeting REZONING/PRELIMINARY PLAT/EASTER LUTHERAN CHURCH C. Rezoning, Easter Lutheran Church, of approximately .8 acres from A (Agricultural) to PF (Public Facility) located in the NW 1/4 of Section 27, south of Easter Lutheran Church and Preliminary Plat, consisting of one lot located in the NW 1/4 of Section 27 on the SE corner of Diffley Road and Pilot Knob Road --The Advisory Planning Commission conducted a public hearing on these items at their July 26 meeting. Rezoning and preliminary plat were both approved unanimously (5-0) subject tJconditions in the minutes. The staff report and APC minutes are enclosed on pages �) through 7 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the rezoning of approximately .8 acres from Ag to PF and a preliminary plat for Easter Addition consisting of one lot on 6.2 acres subject to the conditions in the APC minutes. s a- PLANNING REPORT CITY OF EAGAN REPORT DATE: July 21, 1994 CASE #: 27 -PP -23-6-94 27-RZ-15-6-94 APPLICANT: Easter Lutheran Church HEARING DATE: July 26, 1994 PROPERTY OWNER Easter Lutheran Ch. PREPARED BY: Shannon Tyree REQUEST: Rezoning and Preliminary Plat Easter Addition LOCATION: NW 1/4 of Section 24 COMPREHENSIVE PLAN: PF - Public Facilities ZONING: Agricultural and Public Facilities SUMMARY OF REQUEST Easter Lutheran Church has requested a Rezoning of .8035 acre from R-1 (single family) to PF (Public Facility) and a Preliminary Plat (Easter Addition) consisting of 1 lot. The property is located in the SE intersection of Diffley and Pilot Knob Roads. 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. 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 - Easter Addition July 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. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY: In 1977 the City Council authorized the building permit for Easter Lutheran Church to construct a 5,000 s.f building with 175 seats on the 2.6 acres parcel and Lot 1, Block 5, Wilderness Run 5th Addition. The Church was platted as Easter Lutheran Church Addition in 1985 when a major addition was being proposed. The addition added approximately 10,000 s.f. and 225 seats. A total of 133 parking spaces were approved with the site plan which met the City Code requirement of 1 seat per 3.5 seats of the main sanctuary. In 1991, the church again expanded it's building by approximately 6,700 s.f., but did not add any new seats to the sanctuary. The expansion allowed the church to redesign its parking lot and add approximately 40 more stalls. Due to 4,900 s.f. of building expansion on the south side of the church, access to Pilot Knob Road was terminated. S Li Planning Report - Easter Addition July 26, 1994 Page 3 EXISTING CONDITIONS The location of the new parking lot is the site of a single family home and detached garage. Access to Pilot Knob Road is available. There is an existing wood fence on the east property line which will be relocated to the south property line to act as a screen for the parking lot. COMPATIBILITY WITH SURROUNDING AREA The proposed rezoning is consistent with the surrounding land use designations of PF and R-2. The addition of a 48 stall surface parking lot to the south side of the existing church will be used primarily once a week for approximatley four to five hours. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - South - East - West - Hilltop Plaza; zoned Neighborhood Business; guided Neighborhood Business. Twinhomes; zoned R-2 Double; guided PF Public Facilities. single family and duplex homes, zoned R-1 and R-2; guided D -I. Single family homes; zoned R-1; guided D -I. INTRODUCTION The purpose of this development is to construct an additional parking lot south of the existing church and parking lot: location. To facilitate this it was necessary for the church to replat their existing lot and incorporate the proposed parking lot with it. This additional surface parking lot (48 additional parking spaces) is considered an accessory use to the primary, or principal, use of the property as a church, therefore platting it as a separate plat is not feasible and is required to be combined with the existing Easter Church Addition. The additional parking lot is currently zoned A (Agricultural) and requires a Rezoning to PF, Public Facilities, to be in compliance with its intended use. A. Rezoning Review The rezoning requested for the subject property from Agricultural to Public Facilities is consistent with the Comprehensive Land Use Guide Plan designation of PF, Public Facilities, Quasi -Public. The proposed land use is suitable with adjacent uses. B. Preliminary Plat Review Lots - Lot 1, Block 1 is 269,048 s.f (6.17 acres). Setbacks - The proposed parking lot expansion meets all required setbacks. Tree Preservation - The tree preservation plan for this development indicates a total of 11 significant trees (4 spruce, 1 maple, 2 elm, and 4 boxelder) currently exist on site. In addition to these significant trees, an additional 10 non-significant trees (5 ash and 5 spruce) exist on site which will be transplanted as replacements for trees lost during construction. The construction of the parking lot will result in the loss of ten of the eleven significant trees (91% of the total). Allowable removal for this type of development is 30% (3 trees). Therefore, tree mitigation will be required for se of the ten trees lost. s�� Planning Report - Easter Addition July 26, 1994 Page 4 Replacement trees needed for this mitigation would be 8 Category A trees, or 16 Category B trees, or 32 Category C trees. As mentioned above, the developer has agreed to use the 10 existing non-significant trees as part of the required mitigation. These trees include five 6" ash trees (Category A trees) and five 6 to 7 foot spruce trees (Category B trees). In addition to these 10 replacement trees, one Category B tree will be required as mitigation for tree loss. Grading/Wetlands - The grading plan is acceptable to City staff. The preliminary grading plan submitted with this application shows that the entire area of Parcel 020-25 will be disturbed by the parking lot construction and grading. The grading plan shows that 2-6 feet of cut will be required to prepare the site for the new parking lot. The developer is proposing to remove the existing house, porch and garage from the site. The installation and maintenance of erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards shall be the responsibility of the developer. There are no wetlands directly affected by the proposed grading. Storm Drainage/Water Quality - The proposed layout of the parking lot addition diverts all storm water runoff to the west onto Pilot Knob Road (Dakota County Road 31) with no additional storm sewer planned. The runoff from the proposed parking lot added to the runoff from the north creates a flow to an existing catch basin on Pilot Knob Road which exceeds 4 cfs. However, another existing catch basin 140 feet to the south on Pilot Knob Road will be capable of handling the excess flow created by the proposed parking lot expansion. City staff recommends a cash dedication to satisfy water quality requirements. The amount of dedication will be based on the area converted from residential to parking lot and the change in runoff characteristics due to that conversion of area. Sanitary Sewer - The developer will be required to properly abandon the sanitary sewer service to the existing house in accordance with City standards. Water Main - The developer will also be required to properly abandon the water service to the existing house in accordance with City standards. Access/Street Design - Access to the parking lot addition is proposed on the west at Pilot Knob Road, Dakota County Road 31, and to the existing Easter Lutheran parking lot on the east. The size of the proposed parking lot is approximately 130 feet by 145 feet with concrete curb around the entire parking area which will provide an additional 48 parking spaces. A 7 -foot wide concrete sidewalk along the north side and two concrete medians to delineate parking are proposed. 5' L Planning Report - Easter Addition July 26, 1994 Page 5 The construction of the new parking lot will require the removal of the existing bituminous driveway, bituminous trail and concrete curb necessary to construct the access onto Pilot Knob Road. This new entrance to Pilot Knob Road shall be a concrete apron constructed in accordance with the City's details for commercial entrances. Modifications to the existing concrete curb and medians on the north side of the existing Easter Lutheran Church parking lot are also proposed. These modifications are designed to better direct the incoming traffic from Diffley Road - Dakota County Road 30 - away from the church building and more toward the existing parking lot. Easements/Right-of-Way/Permits - The developer will be responsible for obtaining a permit for access on Pilot Knob Road, Dakota County Road 31. Dakota County has stated through written correspondence that the proposed access does not meet their guidelines for access spacing. City staff feels that the access is an appropriate location and will have to submit written comments to the County Plat Commission outlining the rationale for recommending approval of the plat. A variance must then be granted by Dakota County before the access permit can be issued. No additional easements or right-of-way are required to construct the proposed parking lot expansion. Parks And Recreation - The City has made churches responsible for paying a cash parks dedication to be paid if/when the church should ever be converted into another use, therefore no cash parks dedication shall be required. However a cash trails dedication is required. SUMMARY/CONCLUSION - The proposed parking lot expansion is a permitted accessory use to the church facility. The rezoning is consistent with the City's Guide Plan and the preliminary plat substantially meets the findings required by City Code. ACTION TO BE CONSIDERED 1. To approve or deny the rezoning of .8035 acre from R-1 (single family) to PF (Public Facility). 2. To approve or deny the requested 1 lot Preliminary Plat for Easter Addition. If recommending approval, the Preliminary Plat shall be subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993. Al, Bl, B3, Cl, C2, C4, El, Fl, G1, and Hi Planning Report - Easter Addition July 26, 1994 Page 6 Parks And Recreation 2. A cash trails dedication. Water Ouality 3. A cash dedication to satisfy water quality requirements. Tree Preservation 4. Approve the tree preservation as submitted which would require the developer to transplant ten existing non-significant trees (5 ash and 5 spruce) and to purchase and plant one additional Category B tree as mitigation for tree loss. Utilities 5. The developer will be required to abandon the existing sewer and water service in accordance with City standards. Access; 6. Access to the site from Pilot Knob Road as indicated on the site plan be approved. 7. The entrance to the new parking lot off Pilot Knob Road shall include a concrete apron. (58 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 as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. if any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25. 1987 LTS#5 STANDARD. CON City Council September 15. 1987 Revised: July 10. 1990 Revised: February 2 1993 (0 a FINANCIAL OBLIGATION - Easter Addition There are pay-off balances of special assessments totaling $33,236.77 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 Availability Charage P.F. $2,660/Ac .51 Ac $1,357 Lateral Benefit Water P.F. 10.70/ff 140 ff 1,498 Lateral Benefit Trunk S.F. .074/sq ft 5,697 sq ft 422 Storm Sewer Trunk P.F. .038/sq ft 22,197 sq ft 843 TOTAL $4,120 Ll a J. TI J16r,►w ESTRIDOE to EASTER ADDITION 14 • L EIS AN FAN ICIPA L CENTER t5'DTT 3TI'cw WEST RK NE11 NI a'RT RI/LN r4 . FCBD .RC CARNE 0. N 0 PM%E'+-' •616 DI/FLET 7t .J4E Thi R -AF E' 4 ° L- € a0V RIU5 I. a '1 SI AND • IIPAISFEN NE 16#03 N PARK NE MANN PARK PARR ITT 1I • MAN PT 1 P7 u • 15CKSTta/E PT 0 • 1P1 la•/..ROMs PT ES PT 1. STIJD ►T 4- SOME/ PT •. PI 11-IIIWTa►t 1. Stu. PT L1374 PE• • • MIDDEN PT •E NpITEN R _ is • PeuSi4 Pt / MLNAM n •. ITTIWALTERN PT. p.IIM NaN T soI. alta /7. ` r ®k ,-..4 may' 1 1 PPLO VALLEY n1K, — -+ T,5/ VZ Q N LAK CAMP OUT PiN s •PT PIN 2 s4 DOSE "°J. • LOCATION VIE , F 4i EASTER ADDITION ZONING GUIDE PLAN (Q3 1 — -• I. I . Easter Lutheran Church 1 7' .1 ,,,•••••• TMEP"Its me-A.4w DO*Ozwii•dw, • • • • ty , • • •11 •• • .••••"-i ••••1 ' • ! e• • • • • :„..• • is • ..• ....• Oa I BEAUTIFUL SAVIOR 10.z FIRST ADDIT 1014 ‘.41 ,,, K • \ !4)z •';' ' • e 4 ; • 1- • s• 11. 7 • • rtt. -IW ..,er'-•i'tt HI1 'i_ $l.11.‘1,PV*.I4DG1.-i. `i-.t`.•.T.f07vp•'..o.r-,:t,.. ip.", t1".-,.rf•C.(" ,t --1.. :.' -1 —.,"v"r; %441 TOP OFt..A/.' .1'ec;G41,oPr.0Ati PqN CoNDCMNIUmj .. e• :.• ...,. 0.1 - i - :•7?`31- •• • • I' " 1 •••• WI/ WO /IS VIA ietrray proa,v) MO 3D rtztIOSP/TY 110 n /P Piar or sm• WC Pc 1 24, 3" • e..1 ay. oc Pli•C('1022- -r • • • l• • • 3 r WtMLOCK prn: -r- • eiLsam •• .1 • r 11 4.1Z, !.12 1, Pr r. vi St Rtt' t• CCIINTy STATE 'Entir;•;•ktbati..r-; IF y DAKOTA COD1;1 110Ar ;Dal it Or 1/7/4 I. 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IIS i_ • _ Zil x Ig is Y=a ▪ `• � 92 92g • O 1 I • 1 s 111 1•I• •111111•Nrin • �let,ra OV,OY OF 6 SHEETS 1— W W N -n 1 CC 1 .3 7 %.; Z W G SC ZV alm0� 61(e t i 4 t 1 \ `•s 1 le 'ON "N V S'31 CPI 011 $OH 101d i r Z 5 WO Q 2 z 4 0 7 1 rr Si :I • 1101131 ; . 3 .: i4:1Ttp. *.. • 21. 1 lC ON 14 1 5"31 Or011 101471 10114 Q\ l i LP- 43 851.1 853.5 FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN MGM .ONDINO AREAS .TORY .EWt*$ (r1..y, . *TOM Sawa/IS (n.....m ♦--�--- .TORM UFT STATION (AWINANI • .TORY 177 STATION Drioseire 0 STORY FORCE MAN -. ♦ 40 ♦ 4040 YMOR DIVISION POND NORMAL WATER LEVEL . . . . . . . 900.0 POND NON WATER LEVEL • 900.0 OVERLAND DRASMOE ROUTE ft • : a I • t: OOP— "ex,„,.• ' • ' • ••• • • • ". -POINT EASTER ADDITION . ..... , ..... ...... . pow;\'t ? lis 14. • Z1 . r Z 14 .., ,,,, .4 • . • ,..... ••••••••• 1. • d iii *;.I.4 4 \ ‘ 0 s. 1.,.... "; . 4 & .... 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I J \ • \ - `_ — , % i• s' \ IV I� • / \-- \• !4t`• r i-( .s • \ - VI 41 411 :• 1 •_ .r w 1 1 1;- •-0 2 °pvoa 9oNH love) [r 'ON I'H •v -s .37 sty -ter 114 .1:14r. 4010 PAGE 7/ADVISORY PLANNING COMMISSION MINUTES JULY 26, 1994 EASTER ADDITION EASTER LUTHERAN CHURCH REZONING AND PRELIMINARY PLAT Vice Chair Miller opened the next public hearing of the evening regarding a Rezoning of .8035 acres from A (Agricultural) to PF (Public Facilities) located in the NW; of Section 27 south of Easter Lutheran Church and a Preliminary Plat consisting of one lot on P.I.D. #10-2700-020-25 and P.I.D. #10-22560-010-01 located in the NW; of Section 27 on the SE corner of Diffley Road and Pilot Knob Road. Project Planner Shannon Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staff's planning report dated July 21, 1994, noting the background and history, existing conditions, surrounding uses, compatibility with surrounding area, tree preservation, grading and wetlands, storm drainage and access and street design. Ms. Tyree concluded that the proposed Rezoning and the proposed Preliminary Plat should be consistent with the Comprehensive Guide Plan. Pastor James Borgschatz, the Pastor of Eastern Lutheran Church, the applicant, was present and agreed with the report prepared by Ms. Tyree. Pastor Borgschatz indicated that he had been Pastor for 20 years and that the Church had experienced significant expansion contemporaneously with the City of Eagan. The Church currently has 746 households who are members of the Church and that the Church is short on parking. Jody Dryer, a neighboring resident residing at 1370 Easter Lane expressed concern about possible extra traffic and asked for clarification on the map. Such clarification was provided. Pastor Borgschatz indicated that there is currently an entrance on Easter Lane and he did not anticipate that there would be a significant traffic increase, rather, to the contrary, the traffic would exit on Pilot Knob Road. Larry Frank, a member of the Church, also stated that the entrance on Easter Lane was a back entrance and he agreed with Pastor Borgschatz that this would ease traffic on Easter Lane. Mr. Frank also commented that the Church would be transplanting several trees and adding additional trees to replace those that may be lost. Randy Dryer, a neighboring resident at 1370 Easter Lane expressed similar concerns and he indicated that he was satisfied with the Church's explanation. PAGE 8/ADVISORY PLANNING COMMISSION MINUTES JULY 26, 1994 There being no further comments from the public, Vice Chair Miller closed the hearing and Member Wallace inquired to the City staff as to whether there was a median present that would prevent a left turn from the Church parking lot. Ms. Tyree responded that a median is present and that there would be a right turn only and all traffic would proceed north. Member Heyl questioned Ms. Tyree as to the County's position and Ms. Tyree indicated that the County was in favor of the proposal and was merely waiting for City approval. Member Wallace also inquired as to the parking stall width and Ms. Tyree indicated that the width would be 10 feet and this was within Code. Heyl moved, Wallace seconded, a motion to approve a Rezoning of .8035 acres from A (Agricultural) to PF (Public Facilities) located in the NW; of Section 27 south of Easter Lutheran Church. Heyl moved, Segal seconded, a motion to approve a Preliminary Plat consisting of one lot on P.I.D. #10-2700-020-25 and P.I.D. #10-22560-010-01 located in the NW; of Section 27 on the SE corner of Diffley Road and Pilot Knob Road, subject to the following conditions: tandard Conditions 1. The developer shall comply plat approval as adopted by Al, B1, B3, Cl, C2, C4, El, parks and Recreation 2. A cash trails dedication. Water Ouality 3. A cash dedication to satisfy water quality requirements. Tree Preservation with these standard conditions of Council on February 2, 1993. F1, G1 and H1 4. Approve the tree preservation as submitted which would require the developer to transplant ten existing nonsignificant trees (5 as and 5 spruce) and to purchase and plant one additional Category B tree as mitigation for tree loss. Utilities 5. The developer will be required to abandon the existing sewer and water service in accordance with City standards. PAGE 9/ADVISORY PLANNING COMMISSION MINUTES JULY 26, 1994 Access 6. Access to the site from Pilot Knob Road as indicated on the site plan be approved. 7. The entrance to the new parking lot off Pilot Knob Road shall include a concrete apron. All members voted in favor. Agenda Information Memo August 16, 1994 City Council Meeting REZONING/PRELIMINARY PLAT/VARIANCES/RED OAKS ADDITION D. Rezoning, Brad Stricker, of 2.5 acres from A (Agricultural) to R-1 (Single Family) and a Preliminary Plat consisting of 3 single family lots located in the NE 1/4 of Section 14, north of Sunwood Trail and Variances to the minimum lot width and cul-de-sac diameter -- At the July 26 Advisory Planning Commission meeting, the rezoning and preliminary plat were both approved unanimously (5-0). No changes were made to the conditions. The site is heavily wooded and the variances for the lot width and reduced cul-de-sac widths are proposed to reduce tree removal. Separat tion is no 0- u.. ired on these variances since they are plat related. Enclosed on pages through are copies of the staff report and APC minutes regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the rezoning, preliminary plat and variances for the Red Oaks Addition subject to the conditions of the Advisory Planning Commission. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 19, 1994 CASE #: 14 -PP -24-6-94 APPLICANT: Brad Stricker HEARING DATE: July 26, 1994 PROPERTY OWNER Same PREPARED BY: Mike Ridley REQUEST: Rezoning, Preliminary Plat (Red Oaks), and Variances LOCATION: NE 1/4 of Section 14 COMPREHENSIVE PLAN: D -I, Single Family (0-3 u/ac) ZONING: Agricultural (A) SUMMARY OF REQUEST Mr. Brad Stricker is requesting a Rezoning of 2.5 acres from Agricultural (A) to Single Family (R-1), Preliminary Plat consisting of three lots, and Variances to the lot width on public right-of-way for property currently platted as a portion of Lot 3, Block 3, Wescott Garden Lots (PID # 10-83700-033-03) located west of The Woodlands 4th subdivision. 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 - Red Oaks July 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. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY The Wescott Garden Lots subdivision was platted in 1889. This 120 acre subdivision (zoned Agricultural) was platted into twelve, 10 acre, lots. All of the original platted lots have been split into lots ranging from 1 to 5 acres or rezoned & replatted to R-1 subdivisions. The subject 3.75 acre parcel was split from the parent property in 1979. Recent development in the area has all been single family. These subdivisions include: The Woodlands 4th Addition in 1993, Verdant Acres, and Trails End, preliminary plats approved 7/5/94 (please see attached area map). °\ Planning Report - Red Oaks July 26, 1994 Page 3 EXISTING CONDITIONS The property is currently zoned Agricultural and guided D -I, Single Family. The site contains an outbuilding (on proposed Lot 2) that is not connected to any utilities or septic/well. This structure will be razed prior to home construction on this lot. The preliminary plat site is heavily wooded with many mature oak trees. The topography rises from southeast to northwest and contains high points in the northern and southwestern portions. COMPATIBILITY WITH SURROUNDING AREA The proposed land use is compatible with developing single family use in the immediate area. In addition, the proposal is compatible with the land guided for future residential development surrounding this general area. ,SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Undeveloped; zoned A; designated D -I, SF Residential South - Undeveloped; zoned A; designated D -I, Sf Residential East - The Woodlands 4th; zoned R-1, designated D -I SF Residential West - Undeveloped; zoned A; designated D -I, SF Residential EVALUATION OF REQUEST A. Rezoning The proposed rezoning is consistent with the Comprehensive Land Use Guide Plan designation of D -I, Single Family Residential (0-3 u/ac). B. Preliminary Plat Density - This three lot plat on 2.5 acres results in a density of 1.2 units/acre which is consistent with the D -I Plan designation and the requested R-1 zone. Lots - All proposed lots exceed the 12,000 s.f. minimum lot size requirement for the R-1 district. The lots vary in size from 19,000 - 56,000 s.f., with an average lot size of 36,300 s.f. 3 Planning Report - Red Oaks July 26, 1994 Page 4 As proposed, Lots 1 & 2 will have lot widths of 30' on the public right-of-way. City Code requires a minimum lot width of 50'. The 20' variance is necessary because the developer is proposing a short cul-de-sac as a method of saving trees. Setbacks - The proposed lot sizes and configurations will allow all R-1 setbacks to be met. Tree Preservation Polio - The Tree Preservation Plan submitted is acceptable. This property is heavily wooded with hundreds of deciduous trees and some conifer trees. To reduce tree loss, the applicant has shown the cul-de-sac at the east edge of the property with longer driveways extending in between the trees to the proposed house pads. This cul-de- sac location will be reduce the amount of tree loss to about seven significant trees and a small aspen woodland group. This tree loss will occur with street and utility construction. Individual Tree Preservation Plans will be required for each lot at the time of building permit application. Parks and Recreation - At their regularly scheduled meeting on July 18, 1994, the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC) recommended a cash parks, trails, and water quality dedication. Grading/Wetlands - The grading plan is acceptable. Only the street portion of the development is proposed to be graded with this plat. The lots are to be site -graded at the time of construction of the proposed houses. A field review of the site by City water resources staff indicated that there are no wetlands within the proposed development. Storm Drainage/Water Ouality - The proposed storm sewer layout includes the extension of the existing 18" storm sewer on Birch Street (Betty Lane) to the low point of the proposed cul-de-sac. The existing storm sewer on Birch Street drains to an existing 24" storm sewer on Sunwood Trail that drains to the south to Pond JP -59, which is a pond on the City's Stormwater Management Plan. Because of the small size of the proposed development, staff recommends a cash dedication to satisfy water quality requirements. The dedication will be based only on the area and prospective runoff characteristics of the three lots. Sanitary Sewer - The sanitary sewer layout plan is acceptable with some minor modifications. An 8" sanitary sewer of sufficient size, depth and capacity was stubbed to the east edge of this site on Birch Street from Sunwood Trail by the Woodlands 4th Addition. The preliminary utility plan shows that all of the houses within this development in addition to three potential lots of a Wessell property subdivision will be served by this 8" sanitary 3 Planning Report - Red Oaks July 26, 1994 Page 5 sewer line. The extension of the proposed 8" sanitary sewer through this development will be designed to allow gravity sanitary sewer service for the proposed houses. Watermain - The watermain layout is acceptable. A 6" watermain has been stubbed to the east edge of this site from Birch Street (Betty Lane) that will serve all of the houses on this development in addition to three lots of a possible Wessell property subdivision. Access/Street Design - The developer intends to petition the City to request a change in the name of the street that would serve this development from Birch Street to Betty Lane. Birch Street (Betty Lane) was constructed by the Woodlands 4th Addition in 1994. At the end of Betty Lane, the proposed street layout plan calls for a 36 foot radius cul-de-sac as opposed to the City standard radius of 45 feet. In order to accommodate street maintenance vehicles, staff recommends that the radius of the cul-de-sac meet the City standard of 45 feet. There is currently a gravel driveway leading from the stub street to the existing structure on Lot 2 which a portion will have to be removed for cul-de-sac construction. Easements/Right-of-Way/Permits - The developer has petitioned the City to vacate the north 30 feet of Birch Street not to be used as part of the Betty Lane cul-de-sac. The vacation of the right-of-way will need to occur prior to final plat approval. Vacating this portion of Birch Street will preclude undeveloped property to the west from utilizing this platted right-of-way for access; however, due to existing topography and vegetation, building a street within this right-of-way would not be preferred. The developer has also petitioned the City to construct the Betty Lane cul-de-sac under a City contract. The City will assess the proposed development and the Wessell property to the south. The City will have to obtain right-of-way from the Wessell property to construct a 45 foot radius cul-de-sac with a 55 foot radius right-of-way before construction of the cul- de-sac. The City will be responsible for ensuring that all regulatory permits (MPCA, Mn. Dept. of Health, MWCC, etc.) are obtained. SUMMARY/CONCLUSION The proposed rezoning and preliminary plat are consistent with the City's Comprehensive Guide Plan and suitable to the area in general. The proposed custom lot grading approach to development will be most compatible to the physical features of the property. Tree loss for the initial phase of development is within the allowed limit per the City of Eagan Tree Preservation Guidelines. There are adequate City services available to be extended to the site from the east. Planning Report - Red Oaks July 26, 1994 Page 6 The shortened cul-de-sac length preserves a number of significant trees but also results in the need for lot width variances for two of the three lots. All lots will have public access and the two lots with 30' widths will accommodate standard sized driveways. ACTION TO BE CONSIDERED To approve/deny a Rezoning of 2.5 acres from A to R-1. To approve/deny a Preliminary Plat consisting of 3 lots. To approve/deny a Variance of 20' to the minimum lot width at public right-of-way for Lots 1 & 2. If approved this plat shall be subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council action on February 2, 1993: Al, Bl, B2,B3,Cl, C2,C3,D1,El, Fl, G1,and Hl. Parks. Recreation. and Natural Resources 2. A cash dedication shall be made to satisfy parks, trails and water quality requirements. 3. Separate Tree Preservation Plans shall be submitted with building permit requests for each lot. Access/Right-of-Way 4. The proposed cul-de-sac shall be constructed to the City standard radius of 45 feet to the face of curb and 55 feet to the right-of-way line. 5. The vacation of right-of-way of Birch Street from the west end of the cul-de-sac to the west edge of the site shall be complete prior to final plat approval. 3 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 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 devf;opment shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25. 1987 LTS#5 STANDARD.CON City Council September 15. 1987 Revised: July 10. 1990 Revised: February 2. 1993 FINANCIAL OBLIGATION - Red Oaks There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the 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 Storm Sewer Trunk S.F. .074/sq ft 95,694 sq ft 12,M TOTAL LAI T(,. IUBvK hy�E PARK I - T•Y•RRC P E- RC /I PT E`:' 5 - kion IT R- FOREST RIDGE TR, 6 - 11107Fw000 LM f - 450'1/000 PT 7 - SPIKE PT. O'LEARY PARR COURSE W000L• OSFCRO U_S PC Bl407Y arlrl i1 I Ca ! OCATI Oi 1 TOMiMRK LB �.NI .ao+".;.-IiLt RDDrT10► HE SCE 1' fi �j,�. "• CARRIAGE VI HILLS A cr ^J.4 ,� CO(URSWOEIPD 1 , PrACE WE SCOTT STNS In 'R'11.191Rw •hl ^100 D-nl - CCD D -I D -I GUIDE P �1i 1 14_5 tio 5to I SQ UA• -►rJ\iLS EI its PRELIMINARY PL -Ar APP Root? L 7/s/9y COi l C_PT'JA! AREA MAP 8� a O .r u — Q 0 Yrl cv WOODLAND TR. W u N «• ««• « .4.1 V 111 r4.1§§6 ei u I t • H M 1 v� ,- 14 lei w 000MNnw � / I F J ( (1 / Q J a PRELIMINARY 3AIb0 S11IH 1103S3M q() 0 Y 1 WOODLANO TR. el � �• . W 000444 12-1 •' 'S- '-- > ns: _ J _ -vr I SON 1!, Par! 11 a1 "r1 1151353/A Q t 0 srJ PRELIMINARY (V 3A180 S11114 1103S3M 1 12." YANKEE DO9DLEh.... CARRIAGE HILLS GOLF 01111014S 12" N 1 SITE FIG. NO. 7 SANITARY SEWER TRUNK LAYOUT. CITY OF EAGA 1 cL5 E -b GFHE YANK E DOODLE RD. * 28 DP -9 858.3 862.8 GARDEN EP -2.1 -.864.3 00 FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN qy LEGEND PONDtq AREAS STORM SEWERS (. i ) STORM SEWERS (prwpeilep ------ STORM LFT STATION (.g ) S STORM LFT STATION (proposed) O STOW( FORCE MAIN NAJON OrvISN)N pppp� .per. POND NORMAL WATER LEVEL . 900 0 POND 1I014 MATER LEVEL 900.0 OVERLAND ORANAOE ROUTE Fi2" '(J • 28 18" 59.9/ 74.0 CARRIAGE HILLS GOLF COURSE 6" M M 58.1/73.0 YANKEE DOODLE RD. 16/ 744/ 54.5/ 89.0 68.0 31.8/45.0 I HILLS 8" WESCOTT 24' GAR} EN L(TS 16" 21.4/, 34,d 10 M.G. AROUND STORAGE H.W. L. 1059 63.1/78.0 52.8/66 01 i SC( S SITE FIG. NO. 8 WATER DISTRIBUTION SYSTEM CITY OF EAGA 2 N N A n 8 0 N Z Q~ W ; ca 5 =�Ea a -5 S jgi W W �SQ - Ci 0004Nns PRELIMINARY 1 •nN 3MdO SIIIH 1103s3M '4 M u8 q& :3 � ; I r, 2 u t u n N• ) 0 O vn 0 Pin y=Q 0 4 i 3 $ .mi 1n fV .'r 9 Y u M N Y i Y wu i 8 u o m m e €$ °s9Oss"�i8 0.44 .Y V 4.1 MAI"!• E 26;.5.0i r . 1 O Y Y .-4 8 t ~ i 8 M n M .1: 1 Y Y Il i '4 is .ti Vi uu y ■p� -4 rl y� • 4 �,GGjj 6..., N .~ .1 9 O M E 8 o OI I11 41 1 a 41 Y o 1 V. O A V 0 w Y 0 w .o 0.1 ! y w i co m y C • Y N. I :p6 - 2.52 acres it::: 06-15-91 1 PAGE 12/ADVISORY PLANNING COMMISSION ;MINUTES JULY 26, 1994 REZONING AND PRELIMINARY PLAT RED OAKS - BRAD STRICKER Vice Chair Miller opened the next public hearing of the evening regarding a Rezoning of 2.5 acres from A (Agricultural) to R-1 (Single Family), a Preliminary Plat consisting of 2.5 acres and 3 single family lots and variances to the minimum lot width and cul-de-sac diameter located in the NE; of Section 14 north of Sunwood Trail. Project Planner Ridley introduced this item. Mr. Ridley highlighted that information presented in the City staff's planning report dated July 19, 1994, noting the subject property's background and history, the surrounding uses, the consistency with the Comprehensive Land Use Guide Plan, the density, size and setbacks of the proposed lots, and the grading, storm drainage, water quality and utility plans. Mr. Ridley further noted that the subject property is heavily wooded with hundreds of large trees. Mr. Ridley advised that to reduce the tree loss, the applicant has proposed a cul-de-sac at the east edge of the property with longer driveways extending in between the trees to the proposed house pads. This proposed cul-de-sac would reduce the amount of tree loss to about seven significant trees and for that reason, a. variance was requested. Howard Kyllo, a representative of the applicant, was present for questions. Mr. Kyllo indicated that the desire is to keep the property in a park -like setting and that the variance would be a nice trade off to prevent the loss of trees. A neighboring resident, Tony Vinge, who owns property to the west, was in favor of the proposed variance citing that to lose any significant trees would be a great loss. There were no further public comments, Member Miller closed the public hearing. Member Wallace indicated that he had personally visited this site and he thought the proposed plan was well done. Member Heyl moved, Segal seconded a motion to approve the Rezoning of 2.5 acres from A (Agricultural) to R-1 (Single Family). Member Heyl moved, Segal seconded a motion to approve a Preliminary Plat consisting of 2.5 acres and 3 single family lots and variances to the minimum lot width and cul-de-sac diameter located in the NE; of Section 14 north of Sunwood Trail, subject to the following conditions: PAGE 13/ADVISORY PLANNING COMMISSION MINUTES JULY 26, 1994 Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council action on February 2, 1993: Al, B1, B2, B3, Cl, C2, C3, D1, El, F1, G1, and H1. parks. Recreation. and Natural Resources 2. A cash dedication shall be made to satisfy parks, trails and water quality requirements. 3. Separate Tree Preservation Plans shall be submitted with building permit requests for each lot. Access/Right-of-Way 4. The proposed cul-de-sac shall be constructed to the City standard radius of 45 feet to the face of curb and 55 feet to the right-of-way line. 5. The vacation of right-of-way of Birch Street from the west end of the cul-de-sac to the west edge of the site shall be complete prior to final plat approval. All present voted in favor. Agenda Information Memo August 16, 1994 City Council Meeting PRELIMINARY PLAT/CONDITIONAL USE PERMIT YANKEE PLAZA/M G ASTLEFORD E. Preliminary Plat, Yankee Plaza - M G Astleford, consisting of one lot and one outlot on 4.6 acres located on Outlot A of Rasmussen College Campus and a Conditional Use Permit to allow a daycare in a LB (Limited Business) district in the SE 1/4 of Section 16 on the east side of Federal Drive -At the July 26 Advisory Planning Commission meeting, a preliminary plat and conditional use permit were both approved unanimously (5-0). Plat condition #5 was modified to allow the option of attaching a trash enclosure to the building if it were conducted of the same material as the building. One condition should be added to the conditional use permit stating: 1. The conditional use permit shall be recorded concurrently with the Yankee Plaza final plat. Enclosed on pages /0 v through /are copies of the staff report and APC minutes relative to this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat subject to the APC minutes; and to approve or deny the conditional use permit with the condition that it be recorded with the Yankee Plaza final plat. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 19, 1994 CASE #: 16 -PP -26-6-94 APPLICANT: M.G. Astleford Company HEARING DATE: July 26, 1994 PROPERTY OWNER Same PREPARED BY: Mike Ridley REQUEST: Preliminary Plat (Yankee Plaza), Conditional Use Permit LOCATION: SE 1/4 Section 16 COMPREHENSIVE PLAN: Limited Business (LB) ZONING: Limited Business (LB) SUMMARY OF REQUEST M.G. Astleford Company is requesting a Preliminary Plat consisting of one lot and one outlot on 4.6 acres and a Conditional Use Permit to allow a daycare for property currently zoned LB and platted as Outlot A, Rasmussen College Campus (PID# 10-62950-010-00) located along the east side of Federal Drive just south of the Rasmussen Business College. 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. e0 1C° Planning Report - Yankee Plaza July 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. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. - City Code Section 11.40, Subd. 4, states that "Fhe Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report - Yankee Plaza July 26, 1994 Page 3 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUND/HISTORY The subject property was platted as an outlot in 1989 as part of the Rasmussen College Campus plat. There have been no other development proposals associated with this residual property. EXISTING CONDITIONS The property is currently zoned Limited Business. This district lists daycare under "Conditional Uses". The site abuts right-of-way on the south, east, and west. The site slope changes from a relatively flat grade on the north and west portion of the property to a severe grade falling off southeast to the freeway. There are no significant trees on site. Some of this 4.6 acre property (Outlot A) lies within an area that, based on the preliminary design, will be impacted by the City's ring road project. COMPATIBILITY WITH SURROUNDING AREA A daycare center at this location should be compatible with the business college to the north and the residential land use located west of Federal Drive. Both of the previously mentioned land uses will likely provide business to the daycare center. The compatibility of the daycare, and more specifically the play area, to the future use on Oudot A, cannot be determined with certainty; however, the uses allowed in the LB zoning district are generally not intense. The developer should provide staff a conceptual development plan for this outlot to help determine potential compatibility. � o� Planning Report - Yankee Plaza July 26, 1994 Page 4 SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Rasmussen Business College; zoned LB; designated LB South - I -35E R -O -W East - I -35E R -O -W West - Royal Oak Circle Apartments; zoned R-4, multiple; designated D -III, Mixed Residential (6-12 u/ac) (VALUATION OF REQUEST A. Preliminary Plat Compatibility with Comprehensive Plan - City staff requested Strgar-Roscoe-Fausch, Inc. review the preliminary plat as it pertains to the proposed ring -road street project, City Project 669 (see attached letter dated July 14, 1994). Based on a preliminary design of the future ring road (Duckwood Drive and Federal Drive), the proposed Lot 1 should not be affected by the construction of the future street. Lots - The proposed plat will create the following parcels: 0.9 acre Lot 1, Block 1, and a 3.7 acre Oudot A, Yankee Plaza Setbacks - All Limited Business zoning district setbacks will be met. Tree Preservation Policy - There are no significant trees on site. Parks and Recreation - At their July 18, 1994 meeting, the Advisory Parks, Recreation, and Natural Resource Commission recommended a cash parks, trails, and water quality dedication. Grading/Wetlands - The grading plan is acceptable with some minor modifications. The site is a grassy field that is lightly wooded with small brush trees. No major clearing of trees will be necessary to grade the proposed site. The site slopes toward the south. The preliminary grading plan shows that only the 0.9 acres of Lot 1 will be disturbed by the grading. The maximum cut will be 4 feet and the maximum fill will be 4 feet. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. A field review of Lot 1 by City water resources staff confirms that there are no wetlands within the proposed development. Planning Report - Yankee Plaza July 26, 1994 Page 5 Storm Drainage/Water Ouality - The preliminary storm sewer layout proposes two storm sewer extensions from the existing 18" storm sewer on Federal Drive to catch basins in the northeast and southeast corners of the proposed parking lot. The existing 18" storm sewer is of sufficient size and capacity to handle runoff generated by the proposed development. Runoff generated by this development will be discharged to a small storm water detention basin constructed by MnDOT when I -35E and Federal Drive were built in the early 1980's. The small detention basin is located on the east side of the Federal Drive/Violet Lane intersection. The basin discharges to the I -35E ditch system, which drains to Pond JP -5. Because of the small size of the proposed development on Lot 1, staff recommends a cash dedication to satisfy water quality requirements. The cash dedication will be based on the size and runoff characteristics of Lot 1. The water quality requirements for Outlot A will be determined when it is submitted for review through the plat process prior to development. Sanitary Sewer - The sanitary sewer layout is acceptable with some modifications. The proposed sanitary sewer layout shows extending an 8" sanitary sewer from an existing manhole approximately 150 feet north of the site to a new manhole on the northwest corner of the site. This 8" line will be a publicly maintained line constructed along the east right- of-way line of Federal Drive in front of the Rasmussen Business College site. The proposed layout shows the sanitary sewer running parallel only 2 feet from the existing 8" water main stub to the site. Staff recommends that the proposed sanitary sewer be moved to the east to maintain at least 10 feet of clearance from the water main. Service will then be extended to the proposed building. Water Main - The proposed water main layout is acceptable with minor modifications. An 8" water main has been stubbed to the northwest corner of the site from the north and along Federal Drive. The proposed plan calls for connecting to this 8" stub and constructing water service to the proposed building. Access/Street Design - The preliminary site plan submitted with this application is acceptable. The site plan shows that one 30 -foot wide driveway opening is proposed to connect to the existing Rasmussen Business College entrance on the north edge of the site. This driveway connection will serve the proposed 31 -space parking lot. The Rasmussen Business College entrance then accesses onto Federal Drive approximately 60 -feet west of the proposed driveway connection. The proposed parking lot will be required to be constructed with concrete curb and gutter around the edges and surfaced with bituminous or concrete pavement in accordance with City Code requirements. Planning Report - Yankee Plaza July 26, 1994 Page 6 Based on the review by Strgar-Roscoe-Fausch, Inc., future access to serve a development on Outlot A will be provided directly opposite of the Federal Drive/ring-road 'T' intersection (see attached exhibit). Easements/Right-of-Way/Permits - The developer will be responsible for ensuring that all regulatory agency permits (MPCA, Mn. Dept. of Health, MWCC, etc.) are obtained prior to final plat approval. Because the ring road does not impact Lot 1, right-of-way acquisition will not be necessary until Outlot A develops. B. Conditional Use Site Plan Lot 1, Block 1, Yankee Plaza - The applicant is proposing a free-standing, 6,700 s.f. building. New Horizon Child Care will be the tenant and the proposed facility will substantially match the appearance of the three other existing free-standing New Horizon centers in. Eagan. The developer should locate all trash and recycling containers within the building and rooftop mechanical equipment should be screened from view from the surrounding properties. The Site Plan provides a parking area on the west side of the proposed building, along Federal Drive and a fenced play area along the north, south, and east sides of the building. The City Code does not provide an on-site parking ratio for a daycare use. Because of this and the LB zoning, the most plausible subsequent use would likely be an office of some sort. At staff's request, the applicant provided parking necessary for a 6,700 s.f. office (36 stalls). The result is the Site Plan provides 5 "proof of parking" stalls along the north side of the building and 31 spaces to be constructed with site development. Outlot A, Yankee Plaza - The applicant has no proposed use for this 3.7 acre parcel. Landscape Plan - With minor modifications, the Landscape Plan submitted is acceptable. The Plan should be revised to incorporate an underground irrigation system to serve all landscaped and green areas on Lot 1. SUMMARY/CONCLUSION Daycare is a conditional use in the LB zoning district. This use appears to be consistent with the conditional use criteria previously listed and suitable to the area. City services are available to the site and access to Federal Drive will be shared with Rasmussen College. �DS Planning Report - Yankee Plaza July 26, 1994 Page 7 ACTION TO BE CONSIDERED To approve/deny the two lot Yankee Plaza preliminary plat. To approve/deny a Conditional Use Permit to allow a daycare on the proposed Lot 1, Block 1, Yankee Plaza. If approved, the plat shall be subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council action on February 2, 1993: Al, Bl, B2,B3,Cl, C2,C4,D1,El, Fl, G1,and Hl. Parks. Recreation. and Natural Resources 2. A cash dedication to satisfy parks, trails, and water quality requirements. Site Plan 3. The developer shall provide the City a conceptual development layout for the proposed Outlot A. 4. The Landscape Plan shall be modified to include an underground irrigation system to serve all landscaped and green areas. 5. Trash/recycling containers shall be stored within the building. 6. Rooftop mechanical equipment shall be screened from view on all sides. Utilities 7. The developer shall be responsible for extending an 8" sanitary sewer to the north along the east right-of-way line of Federal Drive to the existing 8" sanitary sewer and the line shall maintain at least a 10 -foot clearance from the existing water main along Federal Drive. 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 as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan rnust 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. X 01 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Zligr 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#5 STANDARD.CON City Council September 15. 1987 Revised: July 10. 199Q Revised: February 2. 1993 ebc61 FINANCIAL OBLIGATION - Yankee Plaza There are pay-off balances of special assessments totaling $29,394 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At the 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 Availibility Charge C/I $2,660/Ac .8 Ac $2,128 Storm Sewer Trunk C/I . 019/sq ft 38,173 sq ft 725 Total W.D. d JIIIIU•", J v NIGH SITE /-- QUARRY SE /•AFX - TAMARAC r 2 - PARCH rT SE �\ 5 NORWAY Pr. 4 - YORESt RIfl E 1 S - IR0Nw00r LN 6- PEDWOC10 rT 7 - SrfhICE rT YANKS PARK E IL77Y \ NWY( MA/NT -p PACa 17 r „v ALICi D00DLE ([; • CENTRE O'LEARY rAIIK [ NE � C ESTRIDGE EAmac {� '. 1 ,lt - - -a- - CT I IC F.tr it 61�LA �..•4AR�K .�)E1 ANIMAR rf4• W 'f •a'`S ) M FD 'L all:, ▪ f Sl'nl i y.1 - EAGAN �l�rErr Kr � NUN/CIPAL Jl Le GiN7El1 wtT*r7[ST n4 e of BILL rig atm IRE Derr. COMM ,t 1 STP El L 4A JR. GaBBRC ,.Ttrura AvE NrtRT AVE AVE DEERwo0 CO.,:(•% .:4 /eCett LI' Pp:writ, /co,RR ' A R -3 L104•104 IGNL•PiD3 . 3 0/. 4C ,cr • c r *air j••• RD trrerFr--- ..cc ADDO ION • NEI a. A 5'. i GARGERS : S0.7! REILISTS. .517. O. fedi. zi. . PK 911111,1. _• _ '-' .-Y-*1-1. - !: pr.../..x•T M..pc 1 .1(.. ti --- • • -: ‘1.• . . 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L 0 4V1 834.0 h—T ciTy HALL FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN /tcw • -"j N'2 POKING AAS WORM SEWERS ().Ng) WORM SEWERS Gmeweem0 STORM LW7 ELATION Somsilne) • STORM UR STATION Gromesm0 a *Tow Foam rum -. 4, 4, -• MAJOR DIVISION LEGEND POND NORMAL WATER LEVEL . G00.0 POMO IRON WATER LEVEL • .900.0 OVERLAND DRAINAGE ROUTE INEMBIMI SITE CIRC L 2� 0" s3.4t+8.0 9 103 / 1 0 F •,,i r...J L __ Ai . FIG. NO. 8 WATER DISTRIBUTION SYSTEM CITY OF EAGA PAGE 14/ADVISORY PLANNING COMMISSION MINUTES JULY 26, 1994 PRELIMINARY PLAT AND CONDITIONAL USE PERMIT - X. G. ASTLEFORD Vice Chair Miller opened the next public hearing of the evening regarding a Preliminary Plat consisting of one lot and one outlot on 4.6 acres and a Conditional Use Permit to allow a daycare in a LB (Limited Business) district located on Outlot A of Rasmussen College Campus in the SE; of Section 16 on the east side of Federal Drive. Project Planner Mike Ridley introduced this item. Mr. Ridley briefly highlighted that information presented in the City staff's planning report dated July 19, 1994, noting the background, existing conditions, compatibility with surrounding area and surrounding uses. Mr. Ridley further advised that a day care center is listed in this district as a "conditional use." Mr. Ridley further advised that he received a conceptual layout for the outlot and Community Development Director Reichert commented that no action was being taken tonight concerning the conceptual layout. Jan Blumental, a representative of the applicant, was present for questions as well as Thomas Gallagher on behalf of the applicant, M.G. Astleford Company. There were no comments from the public on this issue. Member Miller inquired upon an additional piece of property located near the proposed day care facility. The applicant indicated that they would work with the owners of surrounding properties in the event of future development. Wallace moved, Segal seconded, a motion to approve the Preliminary Plat consisting of one lot and one Outlot on 4.6 acres located on Outlot A Rasmussen College Campus in the SE; of Section 16 on the east side of Federal Drive subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council action on February 2, 1993: Al, B1, B2, B3, Cl, C2, C4, D1, El, F1, Gl, and Hl. arks •ec eation and Natural •esou_c -s 2. A cash dedication to satisfy parks, trails, and water quality requirements. ra a PAGE 15/ADVISORY PLANNING COMMISSION :MINUTES JULY 26, 1994 §ite Plan 3. The developer shall provide the City a conceptual development layout for the proposed Outlot A. 4. The Landscape Plan shall be modified to include an underground irrigation system to serve all landscaped and green areas. 5. Trash/recycling containers shall be stored within the building or in an enclosure attached to the building and made of the same material as the day care facility. 6. Rooftop mechanical equipment shall be screened from view on all sides. Utilities 7. The developer shall be responsible for extending an 8" sanitary sewer to the north along the east right-of-way line of Federal Drive to the existing 8" sanitary sewer an the line shall maintain at least 10 -foot clearance from the existing water main along Federal Drive. Wallace moved, Segal seconded, a motion to approve the Conditional Use Permit to allow a daycare in a LB (Limited Business) district located on Outlot A of Rasmussen College Campus in the SE; of Section 16 on the east side of Federal Drive. All present approved in favor. Agenda Information Memo August 16, 1994 City Council Meeting ADDITIONAL: ITEMS REVIEW MASTER PLAN LAYOUT SOUTH DODD ROAD/CAROL STREET A. Review Master Plan Layout for South Dodd Road/Carol Street --On August 2, a public hearing was held to consider the vacation of Carol Street from Dodd Road to T.H. 3. After receiving comments, the City Council denied the petition to vacate this right-of-way which was a condition of final plat approval for the Waterview Addition. With the Council's desire to have Carol Street create a possible signalized four way intersection with T.H. 3 at School Road, it would be beneficial to identify a concept master plan for future roadway alignments west of T.H. 3 serving this Carol Street intersection at T.H. 3. This would be beneficial for property owners who may plan to subdivide their property to ensure that it fits into this master plan as well as allowing the community to efficiently plan for the extension and installation of utilities and streets in an orderly and economical manner. At 5:00 p.m. on Monday, August 15th, an informational neighborhood meeting is scheduled to review this issue and various concept alternates wi i potential! ffected and interested property owners in this area. Enclosed on pages (.2 ,3 through /'7 is a copy of the notice sent to these property owners showing three concept alternatives for discussion purposes. The Public 'Works Director and City Planner will verbally present a summary of this neighborhood meeting to the City Council during consideration of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a master concept development plan for the area south of and including Carol Street and reschedule a public hearing to consider vacating Carol Street (or a portion thereof) for September 6, 1994. lad city of ecigcin August 9, 1994 Re: Carol Street Master Development Plan Informational Neighborhood Meeting, 5:00 P.M., Monday. August 15 Dear Property Owner: THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrotor E. J. VAN OVERBEKE City Clerk On August 2, the City Council held a public hearing to consider the vacation of Carol Street from Dodd Road to TH 3. As a result of comments received at that public hearing, the City Council denied the petition and directed staff to Investigate the creation of a 4 -way intersection at TH 3 with Carol Street and the proposed new School Road. If Carol Street is to become a potentially signalized 4 -way intersection with TH 3, there is a need to identify a master plan for future development so that the related infrastructure facilities can be efficiently and economically provided in a coordinated phased manner. Also, In pursuing the potential signalization of this intersection with TH 3, it is important to evaluate the area served by the proposed Carol Street segment. Therefore, the City staff would like to Invite you to an Informational neighborhood meeting to be held at 5:00 p.m.. Monday, Auaust 15. 1994, in the Municipal Center Lunchroom (downstairs from Council Chambers) to discuss the concept of a master plan for an area that could be serviced by this Carol Street intersection. City staff has prepared the enclosed three alternates for discussion purposes. We are open to other suggestions and discussions so that this information can be presented to the City Council for its consideration at its regular Council meeting of August 16. Your input and comments will be extremely helpful in helping to plan for the future. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/JJ cc: Mayor & City Council Thomas L Hedges, City Administrator Peggy Reichert, Director of Community Development Jim Sturm, City Planner Mike Foertsch, Assistant City Engineer Attachment: 3 Alternates Graphic 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/A irmative Aetron Employer t MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681.4360 TDD: (612) 454-8535 / IN ALTERNATIVE ONE (-27 (a8 ALTERNATIVE THREE 14Tt4-VitiAl 1Vvritod PROPERTIES NOTIFIED fad Agenda Information Memo August 16, 1994 City Council Meeting RECEIVE BIDS/AWARD CONTRACT WATERVIEW ADDITION -TRUNK UTILITIES B. Contract 94-11, Receive Bids/Award Contract (Waterview Addition -Trunk Utilities Extensions) --At 10:30 a.m. on Friday, August 12, 1994, the City received bids for the extension of watermain/sanitary sewer along Dodd Road/T.H. 3 to serve the proposed Waterview Addition Development and the area east of T.H. 3. Enclosed on page /3/ is a tabulation of the bids received showing a comparison of the low bid to the estimate contained in the feasibility report presented at the public hearing held on July 19, 1994. All bids will be reviewed for compliance to bid specifications and checked for accuracy in their extensions and additions. Any deviations will be addressed at the time of Council's consideration of contract award. The timing of the installation of these utilities was to coincide with the development of the Waterview Addition yet this year. However, due to the denial of the vacation of the Carol Street right-of-way, the Waterview Addition final plat is not able to proceed at this time. Depending upon the resolution of the Carol Street intersection with T.H. 3, the vacation of any portion of its right-of-way and its impact on required changes to the Waterview Addition approved preliminary plat, is not known when the final plat for the Waterview Addition may proceed. If it is determined that the Waterview Addition will not develop this year, it might be economically beneficial to reject this contract and rebid it as a part of the major T.H. 3 reconstruction planned for 1995 to avoid the cost of jacking the sewer under TH 3. Under the terms of the bid specifications, the contractor will honor these unit prices until September 30th at which time the Council must either award the contract or reject the bids. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 94-11 (Waterview Addition -Trunk Utility Extension) and approve/continue award of contract and if approved, authorize the Mayor and City Clerk to execute all related documents. (3D city of eagan WATERVIEW ADDITION UTILITY EXTENSION CITY PROJECT #666R CONTRACT #94-11 BID DATE: FRIDAY, AUGUST 12, 1994 BID TIME: 10:30 A.M. CONTRACTORS TOTAL BASE BID 1. Brown & Cris $ 192,567.50 2. G.L. Contracting 217,021.83 3. Northdale Construction 217,997.50 LOW BID $ 192,567.50 Feasibility Report Estimate $ 173,330 % Over (+) Under (-) + 11.09% Engineer's Estimate $ 174,390 % Over (+) Under (-) + 10.42% l3i Agenda Information Memo August 16, 1994 City Council Meeting PROJ. 669. AUTHORIZE PREPARATION OF ENVIRONMENTAL STUDIES AND PRELIMINARY DESIGN/LAYOUT C. Project 669, Authorize Preparation of Environmental Studies and Preliminary Design/Layout (35E Interchanges/Overpasses)--The Directors of Community Development and Public Works have continued to work with the City's consultant Strgar-Roscoe-Fausch, Inc. (SRF) to pursue the scheduling, design and process requirements for those transportation elements that are necessary to accommodate the proposed growth of Eagan's future "Downtown". Two major elements of these improvements are the Duckwood Drive overpass/interchange with I -35E, the northbound entrance ramp from Yankee Doodle Road to I -35E and the High Site Drive overpass to the O'Neil property. In order to pursue these major improvements, several processes must be completed, each of which have a cost associated with them. These are identified as follows: 1. Environmental Inventory - $20,000 2. Preliminary design/layout - $30,000 3. Funding staging plan - $5,000 4. Access modification request to Met Council, MnDOT and Federal Highway Administration (FHWA) - $10,000 5. Update transportation plan element of City's Comprehensive Land Use Guide Plan - $5,000 6. Federal environmental assessment analysis - $50,000 Estimated total $120,000 In order to bring this project to the point where it can be presented to the public, business communities and City Council at a public hearing, Nos. 1, 2 and 3 must be completed. At that time, if it is deemed appropriate to proceed with the project, Nos. 4, 5 and 6 can then be authorized. Based on the timeframe to prepare these various elements, the earliest the public hearing could be held would be April/May of 1995 and most likely July, 1995. If approved at that time, it is not anticipated that project approvals could be received from the various agencies to allow construction to begin before the 1997 construction season. � 3y Therefore, staff is requesting Council authorization to proceed with the detail design and environmental studies necessary to bring this project to the public hearing for formal approval. The approval of this project is necessary to provide proper planning and guidance for the development of the future downtown vision for the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a budget of $60,000, to prepare the various Environmental Studies and Preliminary design/layout for the I -35E interchanges and overpasses for Project #669. MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota :::August 2, 1994 A regular meeting of the Eagan City .QQunciI. waa hold on Tuesday, August 2, 1994 at the Eagan Municipal Center. Present were Mayor F i : artii O 0.01rxiem1 ers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Torii fieddas;' i✓esrr muriify Development Director Peggy Reichert, Director of Public Works Tom Colbert, aric#ity Attorney Mike Dougherty. AGENDA ...................... ...................... Administrator Hedges noted he received a request by Robert Pfaff to address the Council concerning a tree adjacent to his curb in Wildemess Run that is proposed for removal. He suggested this be addressed during the Administrative:genda. Hunter requested that the Dakota County League of Govemments be added to the Legislativg:Affairs seCon of the agenda. Mayor Egan added he would like to address the N.O.I.S.E. Conference undef.that section as well. Awada moved, Egan seconded a motion to approve the agenda for the August 2,:1994 meetifig as amended. Aye: 5 Nay: 0 MINUTES OF.: pty.:19 :19.94:REi1iJLAR MEETING Masin noted that on page 5, there is a reference to Imperial Drive, and requested clarification. After some discussion, it was determined it should read Beau D Rue Drive instead. Hunter suggested that on page 6, regarding the Cedarvale access improvements, that the following language be added: "...the consensus of the Council was:th0t:th0 project be denied because of the negative impact and probable loss of a thriving business,:the:ti 9h cost of the project, and the open question of the appropriateness of area -wide assessments' i :a1sb'sug0ested that the motion include closing the public hearing. He also suggested that on pag6:9 regarding ast essments to the Finch property, that a sentence be added to state: "Hunter pointed out that:fpfoWing negotiation, if the proposed assessment is Tess than proposed now, the county would be informed aril tt0 ser ling assessment revised." He also suggested that page 10, relating to the city cost on Project 673, that th words "...because there appears to be more city-wide benefit than the $2,150 indicates" be added. He also.suggested that on page 15, regarding the speed limit reduction on Chatterton Court, that the language, "...at this time, because the statute is so vague. He would prefer clarification prior to taking action on this item." be added. Awada moved, Hunter seconded a motion to approve the minutes as corrected. Aye: 5 Nay: 0 MINUTES OJ J Ut Y' -1Q: 4994::S4CIAL MEETING Wachter requested that ianguage..be added that space be reserved next to the ice arena for a swimming pool. Wachter moved, Awaia:secondeita motion to approve the minutes as corrected. Aye: 5 Nay: 0 MINUTES OF JULY 12, 1994 SPECIAL MINUTES Awada suggested that on page 3, relating to the cost of a fire training facility, that the language, "...but that the cost is minimal" be added. She alsa.npted a correction on page 2, relating to assessments, that the city's policy be corrected to state.:pick up that part of assessments that are not sustained by the appraisal. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 2 Mayor Egan noted that Doug Dahl and his family are here representing the 4-H Club to present a visitor from Gifu City, Japan. He presented: Mayu Ogiso with a copy of 'Lone Oak Years', a book on the history of Eagan. John Meszarek outlined a series:.af:.contacts he has had with the Police Department over the last three years, and specifically a letter he just::received from the Police Department relative to a request for a 'hidden entrance sign at Thomas Lake Road and Clemson Drive. He Is very unhappy about the way he has been treated by the Police Department and wanted to bring It to the Council's attention. DEPARTMENT HEAD. BUS N4:! Councilmember Hunter suggested .that the:} rks, Recreation & Natural Resources Committee do a field survey to assess whether the tree.:preservatii n guidelines are strict enough. Masin asked whether the city could keep track of the number of;itrees take town and planted in the city, according to Maass, and If possible, the value. She would also .like..to. know why trees are coming down; whether it Is due to development, disease, etc., and would likeaepa:srtgtl2tcetly Hunter asked whether the Wal-Mart property has been reinspected for compliance with the outdoor storage ordinance. Wachter noted he drove by today, and it is taken care of. Administrator Hedges noted that the Civic Arena Fundraising Committee is interested in placing a sign on the Municipal Center site, indicating how much moneY.tlas been raised. He noted that there is a question as to whether it is in conformance with the.sign otOriance. Depending on whether it is considered a city sign or community sign determines.whemer 4 is:in, compliance or not. After some discussion, it was the consensus of the Council that tt is a::j3saate eign. Awada asked when the mosquito control is tsewill bc.brought back. Parks and Recreation Director Vraa noted that the Parks, Recreation & Natural Resources Committee has been involved with other issues, but it will be coming back soon. • Masin asked whether MnDOT will go ahead with their Highway 13 improvements due to the fact the City tumed down the Cedarvale access improvements. Public Works Director Colbert indicated they will probably start tomorrow on extending the southbound left turn lane onto Silver Bell Road, providing greater stacking distance. They will also readjust.t a;s nalizatiotl.........:. ONS1=CAENDA In regard to Item H, Maintenafii : Agreer tat for County Bikeway Trails between the County of pakota and City of Eagan, Wachter asked40.9ut:sctAw removal.on bikeways. Parks and Recreation Director Vraa noted it is at the discretion of the olty ::May x;E4500 00:.he feels the county does a substandard job of boulevard maintenance. He asked whether this could tie addressed in this agreement. Vraa indicated he can attempt to do that. In regard to Item J, Contract 94-13. Approve plans and authorize advertisement for bids (Municipal Center Site Development), Wachter asked..tc :$ee:8* inal plan for the Municipal Center. Public Works Director Colbert displayed the plan and e*Stiedt11 . pi:00eal. Parks and Recreation Director Vraa added that the exact location of the wading pool hasn't been dere 1 lned. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 3 In regard to Item M, Grant Agreement with DNR for Oak Wilt Suppression, Wachter indicated he would like to see the city request that:.:rliore dollars be made available to communities for oak wilt suppression. He feels this Is Just a bandald approach. Hunter asked for a clarification of the $31,000 homeowner cash. Parks and Recreation Director:Yraa c10:e se :.that this Is an estimate of dollars available for redistribution to homeowners to help:.tf ei» flna c» emovat: of trees and the vibratory plow for root separation. In regard to Item P, Contract 92 -BS -Acknowledgement of Project Completion (Coventry Pass - 4th Addition. streets and utilities), Hunter expressed appreciation to the city for sticking to their standards. He noted that several neighbors observed the city crews working professionally and diligently on this project. In regard to Item S, Contract P,-96. Wilderness Run Addition street and utility reconstruction, Contract Change Order #1. Hunter asked:. ow this..Ghange order will make the project more user-friendly. Public Works Director Colbert indicated ttiaf:this will*pw continuous Improved access to the local residents during construction. The reason for the::atpckpiling:ls because of the poor soil conditions in this area. It affects 170 lots and disruption could take: one days:to two weeks, depending on soil conditions and the weather. Hunter stated he feels the disrup i?P:is:minimat,..artd..would prefer to save the money. Awada, Wachter and Egan concurred. The conseihsus:of the.Coun f:was to change the action on this item to deny the change order. A. Personnel Items Item 1. It was recommended to approve the 1994/1995 collective bargaining agreement with the sergeants' bargaining unit. Item 2. It was recommended to approve:th :3* i :of th person recommended by the interview panel as a maintenance worker in the Equipment ti iriteriance Section of the Streets/Equipment Maintenance Division of the Public Works Department. Item 3. It was recommended to approve the hiring of ttie:p sqh recommended by the interview panel as a Construction Analyst in the Protective Inspections Division:'•:':*: Item 4. It was recommended to approve the hiring of Steven Murtinger as a seasonal park maintenance worker. B. Plumbers' Licenses It was recommended:ttiat.the fgi!OWipg:plumbers' licenses be approved: Hanson- Kieven Plbg. Co,.P & D MechanicalConVa 1ing:Oo 1r1 :Propiumb Inc. C. Ucense Renewals for 1994-95: Massage Tt44i.5v Establishment and Massage Therapist. It was recommended to approve the followinOlOssage t e apy establishment and massage therapist licenses: Trevor Richards, 3294 Valley Ridge Dii4:.Eigan, MN 55121 Barbara Ward, 230 13th Avenue South, South St. Paul, MN 55075 Laceson Town, 1887 Bear Path Tr., Eagan, MN 55122 Susan Stems, 1960 Cliff Lake Road, #108, Eagan, MN 55122 Maae��s�abl%�p�ents Kokomo Tan, Dan Larsol;::t960 Cliff Lake;Reiad, #108, Eagan, MN 55122 D. License Renewals for 1994-95: An ament Device. It was recommended to approve the following amusement device license renewals foh;:t.$94-95: EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 4 1. Advance Carter Co., American Ampsement, 850 Decatur Ave. N., Minneapolis, MN 55427 2. Dahlco Music & Vending, 296 f•f•AFi.scal St., St. Paul, MN 55104 3. Gary Starks, 3125 Dodd Road, Eagan, MN 55121 4. Theisen Vending, 3800 Nicollet ASIW:MITIrmaspplis:::MN 55409 5. Awe Vending & Amusements, 47•$00.00:0069e, Suite #2, St. Paul, MN 55105 6. Wally Shaver, 15764 Highview D.4yp, Apple Valley, MN 55124 7. Mendota Valley Amusement, 917:7ast Courthouse Blvd. Ct., Inver Grove Hts., Mn 55077 8. CDL, 1317 North Highway 169, :Champlin, MN 55316 9. American Amusement, Inc., 1416 Carroll Avenue, St Paul, MN 55104 E. License Renewals for 1994-95: Service Station. It was recommended to approve the following service station license renewals for 1994-95: 1. Brooks Superette, 3390 Coach*.h Road 2. Cedar Cliff Amoco, 4600 Slater:Abad 3. Cedarvale Texaco, 3830 Sibley.Memorial:Ht•ghway 4. Duckwood 66, 3575 Pilot 5. Eagan E -Z Stop, 4195 Nichols Roadna:::Ma: 6. Eagan Amoco, 4205 Nichols Road 7. FinaServe, 3150 Dodd Road, #576 8. FinaServe, 1286 Lone Oak Rd. #594 9. FinaServe, 4250 Lexington Avenue South #590 10. Holiday Stationstore #232, 4595 Nicols Road 11. Holiday Stationstore #247, 3615 Pilot Knop•Raatf:<.:: 12. PDQ #214, 4198 Pilot Knob Road 13. Sinclair #22028, 3946 14. SA #4049, 4200 East Highways:1.3'1.... .••• • •:•:.: 15. SA #4182, 1406 Yankee Doodle.Rpa::::.:.: • 16. SA #4335, 1379 Town Centre Drive • ••••:.:•:.•• 17. SA #4464, 2250 Cliff Road 18. Texaco Superstore, 1579 Cliff Road 19. Tom Thumb, 2125 Cliff Road 20. Tom Thumb, 1446 Yankee Doodle Road 21. Tom Thumb, 4130 Blackhawk Road 22. Total Petroleum, 4206 Nichols 23. Total Petroleum, 2000 Rahncliffcep01:::.. 24. Yankee Square Amoco, 1424 >5000ii:OiodteiftfdSt.K:E:: F. License Renewals for 1994-95: Traff6Y. It was\liCommended to approve the trailer permit for B & F Distributing dba Tripp Oil, 3085 Sibley lAtnorial FWway, Eagan, MN 55122. G. Appointment of election judaes for:Sivitktritieti:;1921.::rrimary Election. It was recommended to approve the list of election judges for the September 13, 1994 Primary Election, attached as Appendix A. H. Maintenance Agreement for County Bikeway Trails between the Countv of Dakota and City of Eaaan. It was recommended to approve the maintenance agreement for County bikeway trails between the County •• • • of Dakota and the City of Eagan as I. Final Plat. Lexington Pointe 11th Adc10:iti:* it was re&ici:j*nded to approve the final plat for Lexington Pointe 11th Addition as presented. ••••••• EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 5 J. Contract 94-13, Approve plans and authojge advertisement for bidsiMunicioal Center Site Development). It was recommended to approve the plans:Apd specifications for Contract 94-13, Municipal Center Phase 11 Grading, Streets, Parking Lot, LandscaOit & Utility construction and authorize the advertisement for a bid opening to be held at 10:30 a.m., Fricim:Aufg4.40994... K Amendment, Eagan Revolving Loan' .i:;:na'bijkie-iiiik.:..ti5w.and Moderate Income Criteria. It was recommended to amend the Eagan Revolving Loan Fund Guidelines to insert the low and moderate income criteria as presented. :.•:•:.:. L Ordinance Amendment. to City Code Chapter 11 entitled "Land Use Study Area": and which adopts by reference Citv Code Chapter 1 and Section 11.99. It was recommended to approve an ordinance amendment to Eagan City Code Chapter 11 entitled "Land Use Regulations (Zoning)" which adds Section 11.04 entitled Interim Use Study Area; 04 adopts by reference City Code Chapter 1 and Section 11.99. M. Grant Agreement with DNR for Oakilt Supii4sion. It was recommended to approve the grant agreement between the City and the DNIlifor the aWwilt suppression program as presented. N. Approve plans and specifications, TVI•ilialpotalc:.::It:ivas :recommended to approve the plans and specifications for trail sealcoating. 0. Approve plans and specifications, Bur Oaks Park playground. It was recommended to approve the plans and specifications for the Bur Oaks Park playground improvements as presented. P. Contract 92 -BB. Acknowledgement of Project Completiooventry Pass - 4th Addition. streets and utilities) It was recommended to acknowledge thg:.caMPIOPifiif Contract 92 -BB and authorize perpetual City maintenance subject to the warrapty:::pf.a*jOhS.:S?: identified in the Coventry Pass 4th Addition development contract. • 0. Receive Petition/Order Public Heariri.,i.t.Vg.t•(Itlar-it.:ofyyblic Right-of-way, Mendota Road. It was recommended to receive the petition to vacate a portioii::at tf*:public right-of-way for Mendota Road and schedule a public hearing to be held on September 6, 1994:'•:•: R. Receive Petition/Order Public Hearing, Vacation of Public Riaht-of-wav and Utility Easements, Mendota Road. It was recommended to receive a petition to vacate the public right-of-way for Mendota Road and two existing utility easements across Lots 7 and 8 of the Robert O'Neil homestead and schedule a public hearing to be held on September 6, 1994. S. Change Order #1. Wildemess Run AdAton. It Wasivcommended to deny Change Order #1 to Contract 94-06 - Wilderness Run Addition Street litiProvemefifg;: • .....•.•. Wachter moved, Masin secondt4':Amptipryv approve the consent agenda. Aye: 5 Nay: 0 '."'tltfreiftAi4114tf§ VACATION - CAROL STREET Mayor Egan introduced this item astt:Iyaas11:19.iof public right-of-way for Carol Street. Administrator Hedges indicated ty.Si*izit in resparic410. a petition submitted by the developer of the proposed Watervlew Addition. He noteditha City Council *tiOuled a public hearing for this evening to consider the vacation of Carol Street frc9.:podd Road to except for a small exception needed for the construction of a cul-de-sac at the 4$h end of propos4Waterview Trail. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 6 Public Works Director Colbert expi.gined the location and noted this is a platted right-of-way, but there is no Improved street. He added40 as a condition of the approval of Waterview Addition, the developer has requested to vacate a portion�r all of Carol Street, not only to provide for minimum size lots, but to avoid double frontage lots. There:Ws:srpsil::se.qtions:t4st: is an exception to this vacation because once the Waterview Addition is platted, thiY*.*Iii406;14::*:.&rtion and provide a temporary easement to construct a cul-de-sac at the end of the.stubbed street, which is necessary for one of the lots to take driveway access off of Waterview Trail. gy4tOrview Trail is proposed to be extended south to Hall Street, or possibly Farm Road. He indicated they riiitified all adjacent property owners and utility companies, and he received several responses back from adjacent property owners. He reviewed the responses, noting who is in favor and opposed. He explained the locations for the sanitary sewer and water main. In addition, there Is a frontage road along Highway 3 that is too close to be used for access to Highway 3. He feels there should be an access opposite the proposed School Road intersection, so he is proposing the frontage road be redesigned to provide a 90 deg*:entranc.onto Highway 3. Staff is suggesting that a portion of Carol Street not be vacated to accommO4te that Shcl for future utility extensions. Beyond that point, the city has no public need to maintain Car4:§treet fOO.jiility or street connections. •:.:•:•: Mayor Egan asked how the deve1oper.:*4:abou.t14.qpntinued use of the northerly portion of Carol Street Public Works Director Colbert frO*41f16:.:*I:k**jcpoken with the developer about that, but doesn't anticipate an objection from them because the vacation Is necessary for them to develop and it doesn't affect their lot sizes. Administrator Hedges reminded the Council that because there wasn't a majority of property owners petitioning for this vacation, a 4/5 vote is required in order to.pass this. Wachter stated he feels this information:s4040:*S•been available to the Council when this plat was approved. The Highway Departmerit at that intersection if there isn't a four way intersection. He doesn't favor thle:A.46ation, because if Farm Road is closed, Carol Road may be needed. He doesn't feel the intersection.:WW00:§ate whhout signalization. It could be very hazardous without a 4 -way stop. • Mayor Egan asked whether the redesign of the kintage road will increase the feasibility of constructing a controlled intersection at that location. Public Works Director Colbert noted that MnDOT has stated they cannot justify the signalization of a 3 -way intersection based on projected traffic counts. They will only evaluate it after the area is developed and they have actual traffic counts. They also stated that if it were a 4 -way intersection with a thru street connection to Dodd Road, they would see it as a major intersection providing major entrance to thg:Oot:side 0.1.7lighway 3 as well as a collector for a Dodd Road outlet to Highway 3, and would provide 4:0stst:i*j;tort04ti4rOeet the warrants to justify the signal. Mayor Egan noted that there is no proposal to*it.end CSI:01freet and no development plans to justify extending Carol Street. •:-:•:•:• Mayor Egan then opened the k(Otihg::19.:pubftc...pmrnent. Jerry Meszaros, 4832 Dodd Road, stated he cibjkli tO this vacation. He is concemed about the safety of that intersection. He feels if MnDOT can close Farm Road, the City should be able to build Carol Street. Public Works Director Colbert stated that MnDOT is requesting the City to close Farm Road to create a new intersection to Highway 3. Mr. Meszaros stated that where the exception to the vacation is located, he will have a 30 foot right-of-way on:hISipippeqx. He now has full right-of-way all the way across Carol Street. He feels this will lower his pg0fty:kiSii**Syse he would have to reach an agreement with the neighboring properties to get acceshis property.....ftlic Works Director Colbert noted he will have more than 30 feet of right-of-way beca.dt6'half of Carol StiOA will be turned back to him. Mr. Meszaros asked how he will have access if Carol Steet is vacated. Pubiip:Works Director Colbert responded he could get access from Waterview Trail; howe*; he wouldn't ke.aWto develop Outlot B without dedicating a 30 EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 7 foot strip across his west property line, and getting his neighbor to dedicate property as well. Mr. Meszaros noted that if Card Street isn't vacated, tire:could split Outlot B into two very nice lots with access. He doesn't object to Waterview Addition; he:bbJects to taking away the access from Carol Street. Mayor Egan stated he thoughttt at GuE ssiC: ii.:inhded to be temporary, and that the road would loop back to Dodd Road. Commuriifsifjev04iiiietlt Director Reichert noted that this design provides for the most orderly and efficient use of their property. Mayor Egan stated he feels that Carol Street still has value in that it would provide the mechatii#p to develop to Dodd Road. He doesn't think the city should give this up when the future plans for the 'cul-de-sac haven't been determined. Councilmember Hunter stated he feels this vacation would be appropriate if there was an alternative connection from Highway 3 to Dodd Road. He feels this vacation cuts off any option of having a 4 -way stop there. Awada concurred, stating she feels it Is very important to have a safe intersection. Public Works Director Colbert nd d: that wij this development was proposed, the overall area was assessed as to how it should be planned:fp future .4i elopment. The stubbed street was put in so it could be extended south in the future. To provide a Ievei.:Qf comfort for the development of Waterview Addition, there was a condition that Carol Street be vacated�ibefore the final plat could be approved. Community Development Director Reichert added tiix ftiis: c fx ept was:developed as part of the overall plat. Wachter stated he thinks the key to this should be a 4 -way stop with signalization, or leave it as a 3 -way. He feels safety is of prime importance and he is not in favor of vacating this. Awada agreed that this should be a 4 -way, but doesn't think Carol Street will be extended to Dodd Road. She doesn't think the frontage road makes any sense..ifThe area will all be residential. Public Works Director Colbert noted that MnDOT doesn't want the:driSteYi ffor the commercial use expanded, so they feel the access should be moved to the frontage :mall : Awada stated she feels Carol Street should go from Waterview Trail to Dodd Road to make i#:.a:major'intersectfon. Public Works Director Colbert stated if that Is done, two lots in that development thcit will.nxt meet nii"riimum lot size standards, and they will be double frontage lots. It would also be difficult to firiai#ce#tat:;ppgion of Carol Street because it probably couldn't be assessed. It also doesn't provide a separation between:it'te.Gommercial property and the residential use. The Council approved the cul-de-sac off of Dodd Road,. piiedliuding a 4 -way intersection. If the Council wants to reconsider the 4 -way intersection, perhaps the traffic patterns need to be reevaluated. Hunter noted that the Counct supported the original alignment, but the developer didn't, so the Council acted on the proposal that was before them. He feels the Council needs to maintain its flexibility, even if it means having double frontage Iots,.to..get a 4 -way intersection. Masin asked what happens if thii;:: ifeet Is0't:ri (ted Community Development Director Reichert stated the developer would have to revfsii:ihe layoc :t9f his plat. Public Works Director Colbert added that if the revision is substantial, it may have ..to go back the Planning Commission. Mayor Egan asked whether the ocjtjtit.cvi tl:4 fi3r•:tf is until they have a better idea from MnDOT as to the exact location and layout of Ciiiii.:dfiiitilloieihitili6Works Director Colbert stated that it will be a lengthy process to obtain any feedback from them. Wachter reiterated that he feels the city should make this a safe intersection. Jim Thompson, 4875 Dodd Road, indicated,.he is opposed to this vacation. He feels Carol Street should go from Highway 3 to DoddRoad fW: f ty: r a ooS. Tom Gustafson, 4822 Dodd Road - slated he favors tfxig:vacation. He doesn't feel more traffic should be routed onto Dodd Road. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 8 Nancy Gustafson, 4822 Dodd Road,.asked why this development can't go out to Highway 3 instead of Dodd Road. Mayor Egan responded th the developer feels he would have a substandard development If It Is accessed from Highway 3. Mike Nelsius, owner of the trucking bq$ioteg::iri;: atei3, stated they have no plans to move or expand. He would like to see Carol Street.developed:''He teals access onto the frontage road would be safer than their current access. He doesn't::.evor the extension of Waterview Trail, but does favor the 4 -way Intersection. There being no one else wishing to speak, Mayor Egan closed the hearing to public comment. Awada reiterated the importance of a 4 -way Intersection. Hunter noted that one of the platting conditms was this vacation. He asked whether it could be viewed an arbitrary act if the Council doses this:ideation and they have to replat the property. Mike Dougherty, City Attorney, stated they cari:make thatument; however, the Council is making this decision based on the facts before them. Hunter:noia¢:;that:fact .have. changed since the platting process, due to the fact that there is now a major intersedtiort *•:*as.loeted iOher south than the city anticipated. There was also public opposition to the vacation. woe 'Egen added'that there wasn't an approved location for School Road when this was platted. He feels this vacation should be maintained for health, safety and welfare reasons. After some discussion, Wachter moved, Masin seconded a motion to close the public hearing and deny this request. Aye: 5 Nay: 0 VIOLET LANE - STREET$.ANb UTILITIES Mayor Egan introduced this Item: as: Project. 674;; Violet Lane streets and utilities. Adrninistrator Hedges noted that on July 5, the CouncdE'eeeived a petiiion, received a feasibility report and scheduled a public hearing for tonight. • Public Works Director Colbert noted the citYikitii6iii05e firm of Maier Stewart and Associates to prepare the feasibility study for Installation of streets and utilities; and he introduced Steve Gatlin and Greg Stonehouse of MSA Consulting Engineers. Mr. Gatlin reviewed the location of this multiple unit development. He noted that half of Violet Lane currently exists, with curb and gutter and partial utilities in place. The proposed development will consist of seven double units. This proposal will finisttthat development; including construction of the street, cul-de- sac and utilities to service the proposed:dew pment:MiOije#itting property is the property to the north, owned by the Lemieux family, that also !.*:::the pot Siel=tb be subdivided. He explained the proposals and locations for the extension of sanitary Sr,ewi;water`tiin, street, street lights and storm sewer. He noted the total project cost is $262,000, of wtticth $113,SQ4:is the city cost for water main and street lights; and $148,200 will be assessed. He reviewef#:3he.44.Sq i eats and project schedule. Mayor Egan then opened the tieariing to public corlii'itient. John Lemieux, owner of the property to the north, feels this was misrepresented to him, because when he was asked about the project, he was told by the developer there would be no cost to him. He has no Intention to develop his property and Is opppsed :.Mayor Egan noted that the city cannot get involved In any agreements made between two pri>iriie9.:::::::::.:. Dave Johnson, of DU Associates apologized to Mc tiemieux for any misunderstanding. He noted that when he first spoke to Mr. Lemieux,:tte did tell him there wouldn't be any assessments to him because under their original plan, the developn (142 would have come tom Federal Drive. City staff told him they EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 9 would not support the proposal so access:had to come from Violet Lane. He again spoke with Mr. Lemieux and informed him. there would be assessfttents, but told him that development was inevitable, and they intended to go ahead. He never said he:viWould finish the unfinished portion of Violet Lane and provide services at his cost. Pearl Lemieux, 1565 Violet Lane,.stated she is• opposed to these assessments. She and her husband were told that the assessments 3Ar:utilities would be put into the cost of the homes proposed for this development, and that the city was going to put in the street. Based on that, they spoke at the Planning Commission indicating they had no objection to the project. Hunter asked whether she is opposed to anything besides the assessments. Mr. Lemieux indicated he is not opposed to the project, just the assessments. Dave Johnson stated he feels the:estimates.are high, and hopes the bids come in lower. He urged Council approval. He feels compassiorOqi the Le(itl ieuxes; however, he feels the completed street will benefit them. He would support anythin0a city GiDUId do to reduce the Lemieuxes' assessment. Mayor Egan suggested that perhaps the develoser could oifirr a guaranteed cap on their assessments to make it more acceptable. Mr. Johnson indicated:be.:would::l .W1.149g: ta.Work with them. Pearl Lemieux added that in order for this development to go in, water main will have to go through their property. She asked that that be taken into consideration. Public Works Director Colbert indicated he doesn't know of any change of value to the property because of this. It would be installed by the city, and they would only be assessed for lateral benefit. Hunter added that if they never develop it, they won't be assessed. Mayor Egan noted that the city would have to acquire a right-of-way easement for that. Mayor Egan closed the hearing to public.cc tzi*::.•••••' Hunter indicated he is satisfied tkiat!Mr Johnsonjriiill work with the Lemieuxes, and added that they can still appeal their assessment at the assessment. hearing. He feels the project should go forward. Wachter concurred. Mayor Egan noted that the Cot d:ls.rs ommending that the adjacent property owners try to work out a cap on the Lemieux assessment. Wacfiter:txiiied, Hunter seconded a motion to close the public hearing and approve this project. Aye: 5 Nay: 0 DBUSINESS ....................................... ...................................... REQUEST FOR EXTENSION OF ..TIME;•:GRADIN•G,/ XCAVATION PERMIT #EX -10-163 R(VW tf!NEIC:OPQA.SRTY Mayor Egan introduced this iterit i;is a requ :for extension of time on a grading/excavation permit for the Robert O'Neil property. Administrator Hedges indicated #ietl':Was :tegtiast;from the Johnson Brothers Corporation for an extension on the grading on the Robert O'Neil property: ' Ffe.nbted there have been a number of concerns expressed by the City Council and staff relative to the noise, and unsightliness of Yankee Doodle Road as a result of the hauling. There is also a concem about the restoration of storm sewer, trailways and boulevard areas on Yankee Doodle Road. Public Works Director Colbert added that their insurance certificate has expired. He suggested that if this:is;eptirovd, a condition be placed on it that their insurance certificate be renewed. He also suggested:ttiaii::e tortits.Qcr:te placed relative to the restoration of Yankee Doodle Road's boulevard area, trailways itlad'storm sewet s stem. Dan Dansby, of Johnson Bros;• Corporation noted that restoration can be completed in about a week. They intend to restore the area, IXI are trying to adds s the complaints. They have increased the EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 10 hours of the pickup broom, and switchecc:fhe type of pickup broom being used to reduce the dust. They haven't used a water truck because it caiiiSes tracking onto Yankee Doodle Road. Administrator Hedges noted that.:ti;itrtiiijft;ile. ltj0)d,es the storm sewer and boulevard areas. Mr. Dansby indicated they intend to do th;g Iso:::: ii:aCBit ifi ed that they have work left to do and they will be taking care of that. Mayor Egan sited he feels the request is reasonable; however, he wants these things taken care of. Administrator Hedges noted a suggestion was made that a cash escrow be required rather than a bond. Public Works Director Colbert noted that the bond Is $500 per acre for general purposes. Hunter asked whether the restoration plan includes the boulevard areas. Public Works Director Colbert responded the restoration plan was just to revegetate:fie areas disturbed by the filling operation. It was not anticipated that there would be any disturbance to ttie.boulevaml::area. Hunter suggested that the boulevard areas be added as a condition of this extension.:::;:;:; Mike Dougherty explained the'.idifference' between a performance bond and a surety bond. Discussion followed concerning the extent:of::i`00t tiort.tet1:and whether the bond amount is adequate. Hunter suggested that the escrow should: f es:daiif eiSiii$t;ii4Q per acre. Egan and Awada c:oncurred. Hunter moved, Masin seconded a motion to approve the permit extension, subject to the condition that the escrow amount be increased to $1,000 per acre, and the renewal of their insurance. Public Works Director Colbert asked whether they will be allowed to continue their operations while the bonds and insurance are being renewed. Awada suggested that they be allowed to continue until Friday, at which time a cease and desist order be implemented is it isn't received. The maker and:ssconder accepted this additional condition. Aye: 5 Nay: 0 ��tJSfI�IzSS VARIANCE/S.i'EV N:ANA MONICA SEME Mayor Egan introduced this as a variance for SteVeih:a;iid Monica Seme of 6.5' from the minimum setback of 50' from Johnny Cake Ridge Road, located on Lot 56, Block 2, Mallard Park 3rd Addition in the Northeast Quarter of Section 9. Community Development Director Reichert noted that this is a variance from the 50 foot setback on Johnny Cake Ridge Road. She noted that when these lots were platted, the setback was 30 feet, and these variances have been granted in othe3'04ations, .esieCially on the side yard. She noted that the lot In question is a narrow lot, and they ara;r questicig.k iaii6rice of 6.5 feet. She is not recommending any conditions be placed on the variance.::::;: Mayor Egan stated he supporthis because the house cannot be built on the lot and meet the setback requirements; the covenants :ari ::ir er # 0.:.4 ::Pr.)Ntnce value, and a strict interpretation of the setbacks would diminish the value of the Sot; a+l:ttfiervatlanites have been granted in the area for similar reasons. Eagan moved, Awada seconded a motion to approve the variance. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/STEINER DEVELOPMENT INC. Mayor Egan introduced this item as:a:>tititiicsi'ictjuse permit for Steiner Development Inc., to allow a freight terminal in a Light Industrial distrj,rt1tatdroritti5:$3 and 34, Block 2, Eagandale Center Industrial Park In the Northeast Quarter of Sectioru on the south .iidi gf Trapp Road. Administrator Hedges noted the Planning Commission held a pubric •hearing on Julji:6, and recommended approval subject to conditions. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 11 Community Development Director Reichert explained the location of this proposal and the conditions recommended. Tom Kordonowy, represeiitnig Steiner Development explained the building materials to be used and the nature of their business. Wachter moved, Awadasecondei#?a tnt pti 1c a pr�?i i2;the conditional use permit, subject to the following conditions: 1. The developer must combine Lots3 and 34 at the Dakota County auditor's office within 60 days of City Council approval. 2. The Landscape Plan must be revised to increase the variety of the plantings along the berm and an underground irrigation system must be provided to serve all Landscaped and green areas. 3. The development must submit a *riled graQing, drainage and erosion control plan for City review and approval with the building permit subm3Ual. 4. The development must construct. a.storm..sewer system to collect the runoff from this site and convey the storm water to the e4tiif40: ttsrm sewer.:S.yi tem on Trapp Road. 5. The sanitary sewer service must include a manhole at the right-of-way line of Trapp Road. 6. The driveway connections to Trapp Road must be constructed with concrete aprons with a minimum width of 30 feet. Aye: 5 Nay: 0 Mr. Kordonowy compliment together. #dr their cooperation in putting this project PRELIMINARY PIAT;:EXTENSION/JAMES CURRY Mayor Egan introduced this item as a request: by James Curry for a one year preliminary plat extension for Majestic Oaks Addition, located in the Southeast :Quarter of Section 25. Community Development Director Reichert explained the location of this plat, and suggested that this be conditioned upon the developer providing a 30 foot buffer easement along LP 47 pond, and submitting a tree preservation plan. Mr. Curry expressed a concem about these conditions causing a delay in the project.. After some discussion concerning the private drive and the easement strip, Mayor Egan stated he feels these conditions are reaspr>able: ;.Awada;:i#nd Wachter concurred. Hunter moved, Masin secondedAtriotion taprove the preliminary plat extension for James Curry, subject to the condition that a 30 foot buffer easement be provided along LP 47 pond, and the provision of a tree preservation plan for approval 3systaff. Ata,: 4 Nay: 1 (Wachter opposed.) PREUIVf1N1if Pl('f fi►174t:A ADDITION Mayor Egan introduced this item as a preliminary plat for Fiala Addition, consisting of 2 Tots on 3.6 acres of portions of previously platted Lots 5, 6, and 7, Skovdale Addition located on the northeast intersection of Pilot Knob Road and Deerwood larive.ln,t ie Northwest Quarter of Section 22. Administrator Hedges noted the A,c visriryiPlaririir g{1 mmission conducted a public hearing on July 26, and recommended approval, subject:t0:conditions. He noted he received a letter from Alyce Bolke, who Is expressing objection to the financial ppligation that has bean indicated in the report. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 12 Community Development Directpr.:Reichert explained the location of the plat and plans for the proposal. She noted that the assessment: # * storm sewer was miscalculated, and has been reduced from $6,041 to $3,521, and the total assessmetit'reduced to $5,804. Public Works Director Colbert noted when trunk area storm sewer was installed in this :asea;::k.©t:S::was.:an. existing platted lot. The city's policy for existing platted Tots that are homesteade i 1s pini the rcy y.e sesses the first 16,500 square feet of each acre. At that time, they were assessed for.that. When the plaits subdivided, the remaining square footage assessment Is due and payable. The assessment was calculated on the entire square footage, which accounts for the reduction in their assesAent. Awada moved, Wachter seconded a motion to approve the preliminary plat of Fiala Addition, subject to the following conditions: 1. The developer must comply wittt:s€andard condition of plat approval Al, B1, B3, C1, C2, El, F1, G1, and H1, as adopted by Council anion on Feljruary 2, 1993. 2. The developer must pay a Cash:tiedicatioR to satisfy park, trails and water quality requirements. 3. The developer must prepare a:Ti ?reseiveton PPento be submitted with the buildiing permit application. 4. The developer shall install a culvert under the proposed driveway of sufficient size and capacity to handle runoff in the existing swale over the Williams Pipeline Company easement. Aye: 5 Nay: 0 ait EMS PLANS AND SPECIFICATIONS, V1QLET LANE AND YANKEE DOODLE ROAD Mayor Egan introduced this item as Contract 94,;(12.;eipWove plans and specifications and authorize advertisement for bids, Violet Lane Street and Utilities and Yankee Doodle Road Street Improvements. Wachter moved, Hunter seconded a motion to approve plans and specifications and authorize advertisement for bids for Contract 94-02. Aye: 5 Nay: 0 GI$LA° IVB NTgi p1, RNROMAR AtI S UPDATE Councilmember Hunter noted I;h next V1/et# esday is the Dakota County League of Governments meeting and he will be unable to attend:'''Masin tri ticated she will try to attend in his place. Mayor Egan noted he and Coi mean. r:Awad4, just retumed from the National Organization to Insure a Sound Controlled Environmerff:: f l;1r#;:AAt::C0ere>ce. He explained the membership of the N.O.I.S.E. organization, and the issues they address:'H6'stressed what an influential organization this is, and the benefit and Importance of being a member of this organization. Awada congratulated Mayor Egan on being named president of this organization at the conference and added that the technology in reducing noise has progressed a lot more than the F.A.A. ever predicted. She is pleased to see the progress that Is being made since it has a Targe impact ott:ttue: c i prnunity. hSTRATIVI .7NQA New Name/City Newsletter. Administrator Hedges grated that the public was given the opportunity to submit names for the city newslett(ek:i::He added that tha::10ords 'The Official Newsletter of the City of EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 13 Eagan' will appear under the title of the newsletter. He noted that during department head review, It was suggested that 'Lone Oak View' or 'The::Lone Oak' suggest historical reference, and might be more appropriate for a section of the newsletter.:[haling with historical information. Another Item of discussion was whether "Eagan" should be in the title of.tfie nQv sletter._..After some discussion, Wachter moved, Hunter seconded a motion to name the city newsletfei•tiene ga9an'. Aye: 5 Nay: 0 Vacate a portion of public right -c iiay, receive petition/order public hearing (Blackhawk Road at Cliff Lake Road. Hunter moved, Wachter..s&onded a motion to receive the petition to vacate a portion of public right-of-way for Blackhawk Road at Cliff Lake Road and that a public hearing be scheduled for September 6, 1994. Aye: 5 Nay: 0 Project 673. T.H. 3/School Road - Review Assessment Policy. Public Works Director Colbert noted that at the last Council meeting, several::epncerns were expressed by property owners and developers regarding the city's proposal to finance thelenprovegT gds along T.H. 3, the signalization, and the oversizing of School Road on an area -wide basis:At that time, one of the developers of Pine's Edge Addition requested special consideration of their *Sessme(s: in order to proceed with their plat. The developer indicated at that time that he won't proceed. with.the .plat unless consideration is given to placing a cap on their assessments. Council directed sta#::to: p k:;Wit? ; EAGAN CfTY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 14 of the non-MnDOT funded portion of the :Shoos Road/T.H. 3 intersection and oversizing. Aye: 5 Nay: 0 Public Works Director Colbert indicated:Fiie will bring back a revised assessment roll. • Bob Pfaff, who lives on Wiidemes$::Run Drive, expressed his concem over the Council action to remove the tree on his property. He feels :the city doesn't care about trees and asked why this tree is a safety hazard. Mayor Egan noted that there is surmountable curb on that street, and having the tree so close to the curb presents a major liability issue to the city. Mr. Pfaff noted that if his tree Is removed, then all trees In the city that are close to surmountable curb should be removed as well. He noted there are similar trees at 1305 and 1354 Wildemess Run Drive, 4424 Wildemess Run Circle; on Ches Mar Circle; and two trees on the road from Wildemess Lao Cliff Road. He complained about inferior job of snowplowing on his street. Councilmember Hunter stated heiieeIs any trees that are that close to the curb should be removed. He feels It is a health, safety and welfare issue. If there fire other areas in the city with similar problems, they should be identified. The reason this area: was:00/.ied:ss:t se there are improvements being done in the area. He encouraged Mr. Pfaff to subrtift:.his:listttifaddtesses with similar trees. He feels the city does an excellent job of tree preservation and growth, but when they become a health, safety and welfare problem like this tree, he feels the Council needs to take action and remove them. Wachter concurred, stating that if that is a blind corner, It should be removed. If there are others, the city should know about them and they should be acted upon. He feels it should be standard procedure to remove these types of trees. Hunter added that city staff should report these trees,.wb n they find them. Administrator Hedges noted that staff:does :inventory obstacles in boulevards on a regular basis, and they are enforced. He also asked: Mr`::Pfaf . to let::him know if he is unhappy with the quality of snowplowing. He feels the city has a good snowplowing:program and if something Is getting missed, he wants to know about it. Masin noted that this area is beautifully landscaped; afsciF:since this is on a side street, she isn't sure it is a tremendous hazard. If the tree isn't growing very fast, it 'shouldn't damage the curb. Administrator Hedges noted it is an oak tree, so it will grow slowly, but it will get larger. Mayor Egan stated he understood that the roots are already a potential hazard, and would be to the new curb as well. Public Works Director Colbert noted that there is a concern about damage to the tree and roots in the process of removing and replacing the curb. When this was first put in 20. years ago, they were probably able to work around it, but It should have been removed at that time... le&fded that:this:tree is leaning, so there is also concern about the overhang into the street. Each tree t eiiatiia r#t1: Qri: ert frrifividual basis, depending on the type of tree, canopy, slope, proximity, and whether otli ding haste removed and replaced. They only remove those that are considered an imminent hazard, .to the street functions. He will look at the other trees, but isn't •convinced they all need to be removed;::: • Community Development Director Reichert noted that at the last meeting, the Council requested overall plan development revision for the Town Centre area as a condition of the development. She Indicated she gave them extra time to submit this,revision to the Planning Commission, but since they still have not done that, she had to remove two.it 4:.::§ : Ptanning Commission agenda relative to this area. Public Works Director Colbert indtc*ted he will be submitting a report on the accident with the street sweeper. The employee sustained some irijuries, but they were not serious, and he should be back to work In a couple of days. EAGAN CITY COUNCIL MINUTES; AUGUST 2, 1994 PAGE 15 Administrator Hedges noted he needs Council action to set special Council meetings to discuss the civic arena and the budget. Hunter moved:Awada seconded a motion to set special Council meetings for 5:00 p.m. on Augtist 16 and 23. Aye: 5 0 Administrator Hedges reminded t :Ca ji41.6har a tponi Art Park open house is Saturday and Sunday. He also noted that the gift policy tif.nfv efikfidrr:Ailgust 1, and indicated if Council members have any questions, they should contact:#41. He feels the law is vague and interpretation is difficult. He noted that more information will be fort timing. Mayor Egan noted that the Tree Trust is having a dedication at Sky Hill Park with a lunch arid asked whether it is appropriate to have lunch. City Attomey Dougherty indicated the sponsoring party needs to be identified, as well as their interest. If it is civic related and they are not looking for anything from the city, it Isn't a problem. It is important to identify that first, . however. Mayor Egan indicated he has ti* asked:CD:chair the Association of Metropolitan Municipalities Transportation and General Government:: ommittee, and one of their policies has to do with annexation. He asked to get City Attorney Sheldon'* :opinion oi1::the annexation laws. Councilmember Masin asked tha> R1l sheat +iiork orf0he.Yankee Doodle Road/Terminal Drive project be documented between now and the rieyit tirfie it is :GeCiifisfri ted. She thinks tt would be interesting to know how long that road will last with the overlay. Councilmember Masin noted there is a sign by the radio station on Cliff Road that she thinks is in violation of the city's sign ordinance. Councilmember Masin noted that the bids were-pastpohed on the Minnesota Valley Transit Authority hub in Burnsville. She noted they allocated .ipplei.f04:tiarisit station in Apple Valley, as well as for a study on a future Park and Ride lot. Councilmember Hunter indicated hie: s:.a0lt,s:see,the Open Issues list back, and he has some items he feels should be added. He submitted them to f14:CoEi 01:.Secretary. Councilmember Awada noted she went by the house on Highview Avenue, and it is in very bad shape. She hopes the city does everything possible in an extremely timely fashion, and update the Council periodically on the status. CHECK REGISTER After several questions, Wachter:moved;•:B ff::seiE,Yiiiitded a motion to approve the checklist dated July 29, 1994, in the amount of $1,417,€93:39. Aye.i 5 Nay: 0 ADJOURNMENT Wachter moved, Egan second otkiri to burr;the meeting at 11:10 p.m. Date City Clerk DEMOCRAT BILL GUELCHER CAROLYN THRUSTON JUDY SAIMA BOB ZLMMERMAN ANN THOMAS GROVER BEI MT' SHEILA SHAY CAROL SUE CRUZ JUDY MUNDAHL ANGIE FLYNN DOROTHY PETERSON SHARON LINDHOLM HELEN JARVI JEAN HARMON FLORENCE MULLEN ELIZABETH BASSETT WALTER LAWRENCE MARTIE RUZICKA ZELLA MIRICK JUNE NELSON BARBARA SHIELDS FLORENCE HANSON WILLIAM SKAR KAREN DARE CAROLEE JONES MARTI GUETZLAFF MAUREEN PREBELICH ARELENE LEIBEL SHARON BRUCE EDITH DRAKE NANCY SEVERSON JUDY PETERSON LOIS AGRIMSON SHIRLEE KLANG CHUCK LANGNICKEL MARGE JACOBS CHAR O'DONNELL JANET SCI-IUETZE SONYA LARSON GARY DODGE KAY DODGE LEO AMUNDSON YVONNE KRISNIK BEVERLY ZAINE JAMES ORCUTT MARGARET PFLLFRIN EVELYN COTA MARY KELLNER IRENE WACHTLER APPENDIX A LIST OF ELi ION JUDGES Fi* ;PRIMARY City Council Approval, August.2;'1994 REICAN •'HELEN GERTEN PATTI BENJAMIN KAREN UECKER RICHARD IFFERT :MARILYN PORTER LUCIA JOHNSON KIM EDSON BARB SCHREINER STEPHEN OLSON PAULINE LEGENt RE;:::.:•:•:•:• SHARON SCHOELI R:.M::::•.-:: : 3-AMERNIK ELAINE JONES ALICE:i .EITZ JIM DRISCOLL JUDY:'HANSEN RUTH PRYOR KAREN FLOOD SHARON ASTLEFo .•.:' PHYLLIS LIGMAN• KAY KOHLMAINEN EMILY MEDIN ANTHONY VILLELLI ELEANOR VILLELLI >: SHARO:Pi LINDHOLM :::: tii ;;4; BLACK 'r PRY MESTNIK MARK OLSON ROSEMARY TEAFORD JOAN BOHLIG CAROL HERMAN LAURA BASBALLE EVELYN OTTERNESS s::(.ARENCE HANSON TUNE NETCHAM ..pLEO0R BRUCE OBERT VOGEL LYLE SEVERSON ELANOR KEEGAN CAROL VIHOVDE JAN GIEFER JOANN GEORGE LYNN PRAZAK 'il �'S BYRNES . RUTH.TWOMEY BERNADINE GOESS • LOIS :IKEY ROSg:IMR JOYCE'LANGNICKEL MARY HANSEN AURELIA PETERSON VIVIAN DATE PHYWS MANTHEY LOR•RATNE RIEGER DONALD SEKTNAN :RRAINE BUNKER .:fskidt PLOTT MARILYN HOLM ANDOIJRADNIK MAkit LANE PAUL YOUNGNER PAT KAEDER MARY TESKE ERIC LOCKHART VICKI JABBRA JEANNE KOEHLER NANCY ERICKSON ANNE SULLIVAN MARY JANE LAROCK ETHEL GROFF SANDRA NELSON MARY BAEHR PENNY JOHNSON MARILYN LEGLER JEAN KIMBER EVELYN USS M ICHELLEE SKINDELIEN WALTER KLAUS BARB NUTTALL JUDITH HAWLEY MICHELLE DICK BARB LINERT CATHY BROST MILDRED HARTLEBEN ROBERT MILLER ADELAINE BUEHLER JOHN MATSCHINER