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10/19/2004 - City Council Regular AGENDA r EAGAN CITY COUNCIL — REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING rif October 19, 2004 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA A9 a A. APPROVE MINUTES Vj� / c B. PERSONNEL ITEMS 1 CHECK REGISTERS iy D. APPROVE Temporary Liquor License for Southwest Area YMCA and Waive License Fee P jai E. APPROVE Tree Maintenance Contractor License for Huston's Landscaping / p iirF. ACCEPT Resignation of Economic Development Commission Member 62/ 9 G. APPROVE Purchase of Camera Equipment for Burnsville/Eagan Community Television 0 .2.0 H. APPROVE Ordinance Amendment — Section 12.06 Interim Use: Alcoholic Beverages Licensing Study A a3 I. APPROVE Ordinance Amendment — City of Eagan - Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.70, Subd. 21 (D), 7 to Allow Detached Trash Enclosures in the Public Facility (PF) Zoning District. c ?6J. APPROVE Settlement Agreement for Easement Acquisition and Special Assessment for Project 771 (Lexington Ave / Reconstruction) pa 7 K. RECEIVE Feasibility Report and Schedule Public Hearing for Project 913 (Walden Heights, Twin View Manor, Hillcrest Addition - Street Resurfacing) / .2 $'L. APPROVE Final Payment and Authorize City Maintenance for Contract 04 -03 (North Area Street Overlays & Borchert Lane) pen M. APPROVE Final Payment and Authorize City Maintenance for Contract 04 -11 (Holz Farm Park — Utility Services Installation "*,,eN. APPROVE Assessment Agreement - Camp Butwin p 3, O. AWARD Contract for Park System Master Plan Consultant , 3,2 P. APPROVE Final Subdivision (Thorpe Woodland Gardens 3` Addition) — Rachel and Claus Thorpe Newman 4 3 Q. APPROVE Final Subdivision and Drainage and Utility Easement Vacation — Grand Oak Five — Interstate Partners. 6 R. APPROVE Final Subdivision — Terra Glenn 2nd Addition — Lundgren Bros. S. Approve Final Payment and Authorize City Maintenance for Contract 02 -10 (Dodd Road, Diffley Road to Wescott Road p .0 — Street & Utility Improvements) Vp Lip T. Approve Special Assessment Policy and Settlement Agreement, Lebanon Hills Regional Park (Project 751R, Dodd Rd.) y i U. RECEIVE Feasibility Report and Schedule Public Hearing for Project 916 (St. Francis Woods — Street Resurfacing) V. PUBLIC HEARINGS � 1�� A. EASEMENT VACATION — Vacate Public Drainage & Utility Easement (Lot 4, Block 5, Pines Edge 1 Addition) P u / B. VARIANCE — Bradford L. Pickens — A Variance request to exceed the maximum 1/4 20% building coverage allowed for a 7 b single family residence on Lot 6, Block 2 Walden Heights 2 " Addition, at 1489 Pinetree Pass, in the NE of Section 33. VI. OLD BUSINESS I c A. REZONING, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT — Cedarstone Development — Rezoning of five acres from Agriculture to Planned Development, Preliminary Planned Development to create 14 twin homes and a Preliminary Subdivision to create 8 lots on property located at 1055 Wescott Road in the SW 1/4 of Section 14. (To be continued to November 4, 2004) g? B. REZONING — Bob McDonald — A rezoning of five acres from Agriculture to R -1, Single Family residential for property located at 1085 Wescott Road in the SW 1/4 of Section 14. (To be continued to November 4, 2004) C. PRELIMINARY SUBDIVISION — Sycamore Place - Epic Development — Wetland Replacement Plan and Preliminary r Subdivision (Sycamore Place) of approximately 6 acres to create 9 single family lots, located on the Eagan /Inver Grove Heights Border at the north end of Sycamore Drive n the SE 1/4 of Section 36. 62 gct D. REZONING, PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT — Max Steininger, Inc. — Rezoning of approximately five acres from Agriculture to Planned Development, a Preliminary Subdivision (Clubview Addition) to create two lots and a Preliminary Planned Development to allow an existing home, contractors yard and a new office building, located at 3070 Lexington Avenue in the NW 1 /4 of Section 11. VII. NEW BUSINESS VIII. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE IX. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA 21? II. ECONOMIC DEVELOPMENT AUTHORITY * The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING for the Consideration of the Sale of the Lachenmeyer Property in the Nicols Ridge Development Area in the Cedar Grove Redevelopment District to US Home for Redevelopment Purposes (To be continued) F. OTHER BUSINESS 1. Redevelopment District Update G. ADJOURNMENT XII. OTHER BUSINESS XIII. VISITORS TO BE HEARD (for those persons not on the agenda) XIV. CLOSED SESSION XV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 15, 2004 SUBJECT: AGENDA INFORMATION FOR OCTOBER 19, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 19, 2004 City Council agenda, the following items are in order for consideration. Agenda Information Memo October 19, 2004 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the October 5, 2004 regular City Council meeting and the October 5, 2004 Listening Session as presented or modified. ATTACHMENTS: • Minutes of the October 5, 2004 regular City Council meeting are enclosed on pages 3 through / . • Minutes of the October 5, 2004 Listening Session are enclosed on page /6 . e2 DR AFr MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 5, 2004 A regular meeting of the Eagan City Council was held on Tuesday, October 5, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Clarification regarding items D and J was made. An additional item was added as item V. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the September 21, 2004 regular City Council meeting and the September 13, 2004 special City Council meeting as presented. B. Personnel Items. Information only. C. Check Registers. It was recommended to ratify the check registers dated September 23, 2004, and September 30, 2004 as presented. D. Election Judges. It was recommended to approve the list of election judges for the November 2, 2004 General Election. E. Delinquent Utility Bills. It was recommended to schedule a public hearing for November 4, 2004 to consider the final assessment of delinquent utility bills and certify them to Dakota County for collection with property taxes. F. Delinquent False Alarm Bills. It was recommended to schedule a public hearing for November 4, 2004 to consider the final assessment of delinquent false alarm bills and certify them to Dakota County for collection with property taxes. G. Agreement. It was recommended to approve an agreement between the Lower Minnesota River Watershed District and the City of Eagan and authorize the Mayor and Deputy Clerk to execute all related documents. H. Fitness Promotion. It was recommended to approve the proposed January fitness promotion for the Eagan Community Center. I. Hours of Operation for Community Center. It was recommended to approve the proposed 2005 hours of operation for the Eagan Community Center. J. Maintenance Agreement. Item removed from agenda. K. Contract 02 -13. It was recommended to approve the final payment for Contract 02 -13 (July 2000 Storm Mitigation — Storm Sewer Improvements) in the amount of $22,520.80 to Danner, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. L. Contract 04 -12. It was recommended to approve the final payment for Contract 04 -12 (Terra Glenn — Raw Water Transmission Line Improvements) in the amount of $19,600.00 to Nodlund, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Project 884, Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 884 (Borchert Lane — Street & Utility Improvements) and schedule a public hearing to be held on November 1, 2004. N. Revised Preliminary Subdivision. It was recommended to approve the Revised Preliminary Subdivision and Final Subdivision (Evergreen Enclave) to create 7 lots and a 1.5 acre outlot on 7.7 acres for property located at 4195 Lexington Way South. O. Project 884, Street & Utility Improvements. It was recommended to approve an Easement Agreement for Project 884 (Borchert Lane — Street & Utility Improvements) with the owner of Parcel No. 10- 14700 -010- 01 and authorize the Mayor and Deputy City Clerk to execute all related documents. P. Ordinance Amendment. It was recommended to adopt the mandatory Minnesota State Building Code Chapters 1335 and 1346. 3 Eagan City Council Meeting Minutes DRA October 5, 2004 I 7 1 Page 2 Q. Cul -de -sac Study. It was recommended to direct Community Development staff to review cul -de -sac standards generally and prepare findings for review /discussion by the Advisory Planning Commission and City Council. R. DSL Services. It was recommended to approve a resolution urging Qwest to fully extend DSL services to all of Eagan. S. Consulting Firm. It was recommended to approve the hiring of a consulting firm to conduct an organizational study for the City of Eagan. T. Bid Award. It was recommended to approve a bid award to Pierce Manufacturing for two fire apparatus replacements (fire pumper / pumper tanker trucks). U. EAW. It was recommended to authorize transmittal of the developer's Draft Environmental Assessment Worksheet Submittal for the Diamond T property / Steeplechase development proposal to SRF for review and coordination. V. Change in Meeting Date. It was recommended to change the November 1, 2004 regular City Council meeting to November 4, 2004. PUBLIC HEARINGS PROJECT 874, TH 55 NORTH FRONTAGE ROAD / GIFT OF MARY STREET & UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 874 (North Frontage Road / Gift of Mary — Street & Utility Improvements). Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. Jon Cina, 3402 Highway 55, objected to the proposed assessment to his property, stating he will not benefit from the street and utility improvements. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. After discussion, Councilmembers agreed that an appraisal should be conducted for Mr. Cina's property. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 874 (North Frontage Road / Gift of Mary — Street & Utility Improvements), parcels 10- 01200- 060 -02 and 10- 29800 - 010 -01 and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to order an appraisal for parcel number 10- 03800 - 070 -02 and continue consideration of the assessment for this property. Aye: 5 Nay: 0 PROJECT 898, TERMINAL DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 898 (Terminal Drive — Street Overlay Improvements). Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 898 (Terminal Drive — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes DR October 5, 2004 ry 1 F T Page 3 PROJECT 894, COACHMAN LAND CO., CENTURY POINTE, DONALD COURT STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 894, Century Pointe, Donald Court street overlay improvements final assessment hearing. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 894 (Coachman Land Company, Century Pointe, Donald Court — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 IMRE / ROBERT O'NEIL HOMESTEAD ADDITIONS DRAINAGE AND UTILITY EASEMENT VACATION City Administrator Hedges recommended this item be continued for consideration at the time of final plat and approval of Grand Oaks Five Addition. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of vacating the public drainage and utility easements with the Imre / Robert O'Neil Homestead Additions to be concurrent with the Final Plat approval of the Grand Oak Five Addition. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT — DAREN GANGELHOFF City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to exceed the maximum 25% impervious coverage in a Shoreland zoning district to allow a garage expansion on property located at 648 Crimson Leaf Trail. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to exceed the maximum 25% impervious coverage in a Shoreland Zoning District to allow a garage expansion on property located at 648 Crimson Leaf Trail, legally described as Lot 3, Block 2, Autumn Ridge in the NE 1/4 of Section 25, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant must obtain a building permit prior to construction of the addition. 3. The garage addition shall utilize exterior materials to match the principal building. PLANNED DEVELOPMENT AMENDMENT — VIVA ITALIA, LLC LOT 1, BLOCK 1, CENTENNIAL RIDGE 2 ADDITION City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a Class I restaurant with on -sale liquor, and changes to the building signage and facade at 1629 Lena Court. City Planner Ridley gave a staff report. Kurt Manley and Dan Sarno, owners of the restaurant, discussed the additional five parking stalls recommended by the Advisory Planning Commission. They requested the Council waive that condition. Councilmembers held a discussion regarding a cross - easement and the possibility of a proof of parking for stalls on the southwest side of the property. b f A Eagan City Council Meeting Minutes October 5, 2004 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a Class I restaurant with on -sale liquor, and changes to the building signage and facade at 1629 Lena Court in the NW '/< of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. Allowable uses continue to be a drug store, and one story office building. Wit this Class I restaurant and its associated joint parking, no other Class I restaurants or day care centers and no other uses that would require additional joint parking shall be allowed. 3. The operation of the restaurant shall comply and be operated in accordance with all relevant state laws and regulations regarding on -sale liquor. 4. Other than open /closed and hours of operation, window signage shall be prohibited. 5. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 6. Proof of parking for 9 to 11 stalls on the site shall be shown and constructed in the event the City determines that additional parking is needed. 7. Proposed signage and facade changes as shown on Signage Plan. 8. Proof that cross easements are recorded. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the On -Sale Liquor and Sunday license for Viva Italita, LLC, dba Viva Italia, at 1629 Lena Court. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT AT CLIFF LAKE CENTRE INLAND COMMERCIAL LLC City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a reader board sign on the existing pylon sign for Cliff Lake Centre; a Planned Development Amendment to allow 30 inch by 80 inch banners on 17 light poles for Cliff Lake Centre; and a Planned Development Amendment to allow 30 inch by 12 inch tenant name signs attached to the approved banners, all located at 1960 Cliff Lake Road. City Planner Ridley gave a staff report. Rick Plessner, Inland Commercial, discussed the need for additional signage for the tenants of the center. Two tenants of the center also discussed the need for additional signage. Councilmembers discussed the proposed signage and the possibility of a precedent being set if the banners on the light poles are approved. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a reader board sign on the existing pylon sign for Cliff Lake Centre, located at 1960 Cliff Lake Road subject to the following conditions: Aye: 3 Nay: 2 Geagan and Maguire opposed 1. A Planned Development Amendment Agreement shall be executed and recorded. 2. The letters shall not scroll, intermittently change or flash, the content can change as the tenant message changes. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct Findings of Fact for Denial of a Planned Development Amendment to allow 30 inch by 80 inch banners on 17 light poles (as indicated on the site plan) for Cliff Lake Centre, located at 1960 Cliff Lake Road: Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Geagan seconded a motion to direct Findings of Fact for Denial of a Planned Development Amendment to allow 30 inch by 12 inch tenant name signs attached to the proposed banners (as indicated on the site plan) for Cliff Lake Centre, located at 1960 Cliff Lake Road. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes DR FT October 5, 2004 1 Page 5 PLANNED DEVELOPMENT AMENDMENT LOT 1, BLOCK 1, SODERHOLM ADDITION HOLIDAY STATIONSTORES City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to allow an expansion of the car wash and construction of an enclosure for salt storage and an amendment to the car wash signage. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow an expansion of the car wash and construction of an enclosure for salt storage on Lot 1, Block 1, Soderholm Addition, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The new addition shall be constructed of materials that match the existing building. 3. No outside storage, sales, or display is permitted. 4. Entry and exit doors of the car wash shall be closed during wash /dry cycles. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Planned Development amendment to amend the car wash signage for the Holiday store at 1065 Diffley Road, legally described as Lot 1, Block 1, Soderholm Addition in the SW ''A of Section 23, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. Car wash signage shall comply with the City Sign Code. PLANNED DEVELOPMENT AMENDMENT AT THOMAS LAKE CENTER — PHUONG NGUYEN City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an off -sale liquor store in Thomas Lake Center, located at 1565 Cliff Road, along with the Liquor License and a Tobacco License. City Planner Ridley gave a staff report. The applicant discussed the condition recommended by the Planning Commission which states there would be no window signage other than open /closed and hours of operation signs. They requested that 50% window coverage be allowed. After discussion, Councilmembers agreed that 25% window coverage would be acceptable. The owner of two local liquor stores spoke regarding the unlimited number of off -sale liquor licenses issued by the City. They requested the Council consider limiting the number of licenses issued in the future. Councilmembers agreed that the geographic aspects of off -sale liquor stores and the possible limit on the number of licenses issued should be addressed. Staff was directed to review the ordinance and possibly survey existing off -sale liquor stores for feedback. Councilmember Fields moved, Mayor Geagan seconded a motion to approve a Planned Development Amendment to allow an off -sale liquor store in Thomas Lake Center, located at 1565 Cliff Road subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded. 2. All signage shall comply with the City of Eagan Sign Ordinance. 3. There shall be no more than 25 percent window coverage with signage. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Off -Sale Liquor License for Phuong La Nguyen, dba T.L. Liquors, 1565 Cliff Road, Suite 18 and 19. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a License to Sell Tobacco Products for Phuong La Nguyen, dba T.L. Liquors, 1565 Cliff Road, Suite 18 & 19. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes DR AFT October 5, 2004 1 Page 6 REQUEST FOR EXEMPTION FROM MORATORIUM CSM CORPORATION City Administrator Hedges introduced this item regarding an application for a subdivision by CSM of property located at the northwest corner of Lone Oak Road and Lone Oak Drive. City Planner Ridley gave a staff report. Jill West, Lone Oak Road expressed concern regarding what is proposed for the area. Staff discussed the Comprehensive Guide Plan. Councilmembers agreed that further information is needed regarding permitted uses within the moratorium area. Councilmember Carlson moved, Councilmember Fields seconded a motion to consider acceptance of an application for a subdivision by CSM of property located at the northwest corner of Lone Oak Road and Lone Oak Drive I the SW '/ of Section 1 in the Northeast Eagan Moratorium Area, Lot 1, Block 1, Blue Ridge 5 Addition until the October 19, 2004 Council meeting. Aye: 5 Nay: 0 (note: this item was reconsidered later in the meeting). CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided an update on the Caponi property acquisition. ADMINISTRATIVE AGENDA City Administrator Hedges discussed proposed correspondence to the Minnesota Congressional Delegation regarding the Proposed Part 150 Program. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the correspondence regarding the proposed Part 150 Sound Insulation Program to be sent to all members of the Minnesota Congressional delegation. Aye: 5 Nay: 0 Community Development Director Hohenstein stated he had information regarding the request by CSM for exemption from the Northeast Eagan development moratorium. Councilmember Maguire moved, Councilmember Carlson seconded a motion to reconsider item F of New Business. Aye: 5 Nay: 0 Director Hohenstein provided information regarding the moratorium language. Councilmember Carlson moved, Councilmember Fields seconded a motion to authorize acceptance of an application for a subdivision by CSM of property located at the northwest corner of Lone Oak Road and Lone Oak Drive in the SW ' of Section 1 in the Northeast Eagan Moratorium Area, Lot 1, Block 1, Blue Ridge 5 Addition. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:15 p.m. and go into a Closed Session to discuss pending litigation. Date Administrative Secretary / Deputy Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675 -5000, (TDD phone: (651) 454- 8535). Eagan City Council Meeting Minutes D �� 1 October 5, 2004 T Page 7 The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. 9 CITY OF EAGAN LISTENING SESSION EAGAN ROOM — MUNICIPAL CENTER October 5, 2004 6:00 P.M. A Listening Session was held prior to the regular City Council meeting on October 5, 2004 at 6:00 p.m. in the Eagan Room of the Municipal Center. Ed Nelson requested that consideration be given to extending the hours of the Fitness Center at the Community Center on Saturdays. Council stated that consideration would be given to Mr. Nelson's request. Patty Casarella, representing the Friends of the Library discussed signage needs and limitations for an upcoming book sale. Council directed staff to work further with Ms. Casarella. Dan Keeter discussed on -going traffic problems in the Stone Cliff neighborhood. He requested that the Council allow the area residents to install control measures at their own expense as a test for possible resolution to the traffic problems. Council stated that results of a survey being conducted by the City will be discussed at a Public Works Committee meeting in November. Councilmembers suggested the area residents submit their ideas in writing. Erick Brookmore discussed the parking lot issue at Eagan High School Respectfully submitted: Mira McGarvey Administrative Secretary / Deputy Clerk Agenda Information Memo October 19, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Dispatcher- - ACTION TO BE CONSIDERED: To approve the hiring of Rachel Filan as a Dispatcher. Item 2. Civic Arena 2004/2005 Temporary /Seasonal Compensation Schedule ACTION TO BE CONSIDERED: To approve the 2004/2005 Season Compensation Schedule for Temporary/Seasonal Workers at the Civic Arena. FACTS: • Because the Civic Arena's season is different that most City operations, their compensation schedule has traditionally become effective in the fall rather than on January 1. • The 2004/2005 compensation schedule contains only two changes from that of the 2003/2004 schedule. Most rates have not changed. The two exceptions are: 1. An additional step has been added in the middle of the skating school instructors range. (The maximum range rate has not increased.) 2. Because the City was no longer able to contract for hockey officials, the status of these positions has been changed to that of seasonal employees and their rates transferred to the City's schedule without an increase. • It would be appropriate for the Council to approve the schedule at this time per past practice. Item 3. Part -time Seasonal Supervisors /Civic Arena — ACTION TO BE CONSIDERED: To approve the hiring of Randy Hanson, Mike Kabkov, Bill Osborne, Kevin Webber, Ryan Conely, Jordan Baily, Jason Eisold and Adam Nelson as part-time seasonal supervisors at the Civic Arena. Item 4. Part -time Seasonal Skateguards /Civic Arena — ACTION TO BE CONSIDERED: To approve the hiring of Nick Ortloff, Dave Varpness, Jacob Knight, Kyle Punton, Travis Knops, Eric Smith, Brad Johnson, Matt Johnson, Jonah Lundberg, Jessica Johnson, Kalyn Mattson and Katie Fink as part-time seasonal skateguards at the Civic Arena. /1 Agenda Information Memo October 19, 2004 Eagan City Council Meeting Item 5. Part -time Seasonal Concessions Workers /Civic Arena — ACTION TO BE CONSIDERED: To approve the hiring of Kristin Hazel, Megan Hamling, Megan McMahon, Theresa McMahon, Amanda Forester, Sandra Jeska, Rebecca Martin, Cassi, Julian, Ashley Weninger, Kristin Merchandt and Salena Tumini as part-time seasonal concessions workers at the Civic Arena. Item 6. Part -time Seasonal Skating Pros — ACTION TO BE CONSIDERED: To approve the hiring of Colleen Carstensen, Patti Brown, Liz Gerebi, Becky Krueger, Andrea Duleh, Sarah Payne, Kellie Schmidt, Nick Krongard, Rachel Doane, Ashley Pralutsky, Julie Stangenes, Jenna Vanbeck, Sarah Haverkamp and Danielle Pralutsky as part-time seasonal skating pros at the Civic Arena. Item 7. Resignation /Clerical Tech III – Community Development — ACTION TO BE CONSIDERED: To accept the letter of resignation from Joy Rowan, Clerical Tech III in the Community Development Department. /e2 Agenda Information Memo October 19, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 7, 2004 and October 14, 2004 as presented. ATTACHMENTS: • Check registers dated October 7, 2004 and October 14, 2004 are enclosed without page number. /3 Agenda Memo October 19, 2004 CONSENT AGENDA: D. TEMPORARY LIQUOR LICENSE FOR SOUTHWEST AREA YMCA AND WAIVE LICENSE FEE ACTION TO BE CONSIDERED: Approve Temporary Liquor License for Southwest Area YMCA for an event to be held November 6, 2004 and Waive License Fee. FACTS: • The Southwest Area YMCA has applied for a Temporary On -Sale Liquor License for a charitable event to be held at 550 Opperman Drive on November 6, 2004 from 7:00 pm to 10:00 p.m. • • Only wine will be sold at the event. • The Police Department has reviewed the application and deems it in order for approval. • The YMCA has requested that the license fee be waived for this event. • The City Council, in the past, has waived license fees for such events. ATTACHMENTS: • A copy of a letter from the YMCA District Marketing Director is attached as page number /5". • A of the procedures that will be followed for the event is attached as page Southwest Area YMCA 550 Opperman Drive , Eagan, MN 55123 YMCA 651 - 456 - 9622 We build sarong kids, fax: 651 683 - 4704 strong families, strong communities. October 7, 2004 Mira McGarvey Deputy City Clerk /Administrative Secretary 3830 Pilot Knob Road Eagan, MN 55122 -1897 Dear Ms. McGarvey: I am writing to request a waiver of the $150 fee for Temporary On -Sale Liquor License for the City of Eagan. We are requesting license for our community fundraiser called Dine Dakota. Proceeds from the event will benefit Teens at Risk through the YPartners program, Dine Dakota is both a local fundraising event and a way to experience cuisine from 24 local restaurants that are donating their food to our event. The fundraiser will take place on Saturday, November 6, 2004 from 7 -10pm at the Southwest Area YMCA. Tickets will be sold in advance by YMCA volunteers and staff to members of the local community. The YMCA will be serving wine and sodas only for the event. The YMCA is a community based, not - for - profit organization and serves people of all ages, backgrounds, abilities and incomes. The mission of the YMCA is to put Christian principles into practice through programs that build healthy spirit, mind and body for all. Our vision in the community is to build strong kids, strong families and strong communities. Thank you for your consideration. Sincerely, 6 Heidi Bardwell YMCA District Marketing Director Dine Dakota Committee Chair City of Eagan Procedures Temporary Liquor License SITE PLAN a) The Liquor Service will take place INSIDE the Southwest Area YMCA, 550 Opperman Drive, Eagan, MN 55123. The event will be in our Gymnasium, hallway and track areas. b) There will be 2 locations INSIDE the YMCA serving the wine. One bar in the hallway area, one bar on the track. INSURANCE The YMCA will carry liquor liability insurance. Carrier's name and amount of coverage will provided. PUBLIC SAFETY /SECURITY • The YMCA will sell tickets to the event and would be sold to attendees over 21. Attendees to the event MUST have a ticket to enter the YMCA for the evening. Tickets are sold in advance. • Upon arrival at the event, YMCA staff will check appropriate I.D.s and wrist bands to attendees. • Appropriate signs will be posted at entrances to the YMCA notifying that sales to persons under 21 are prohibited. • Anticipated attendance is 350 -400 people. The event is ticket - based. • YMCA personnel and volunteers will handle all security issues that should arise in the appropriate manner. YMCA staff are trained in first aid, CPR and crisis management. Additional security will be purchased as required. Numbers and names will be submitted as required. • Alcohol will be consumed from 7 -10pm Saturday, November 6, 2004. Clean up of the event will take place immediately following the event for approximately 1 -2 hours. No liquor will be served during that time. • Individuals under 21 in attendance will be clearing tables and cleaning up after the event. These individuals will be directly supervised by YMCA staff. • YMCA will pay any fees incurred to the City for any on -duty Police officer assigned to the event. • On -Site Manager of the licensed area will be provided by the YMCA. Agenda Memo October 19, 2004 CONSENT AGENDA: E. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR HUSTON'S LANDSCAPING ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Huston's Landscaping, 14847 Haven Drive, Apple Valley. FACTS: • All requirements of the application have been met. • Staff has reviewed the application and deem it in order for approval. 17 Agenda Information Memo October 19, 2004 Eagan City Council Meeting F. ACCEPT RESIGNATION FROM ECONOMIC DEVELOPMENT COMMISSION ACTIONS TO BE CONSIDERED: To accept the resignation of Chris Nelson from the Economic Development Commission. FACTS: • Chris Nelson has informed the City that work and family conflicts prohibit him from committing the time he would like to the Economic Development Commission. He has submitted his resignation effective for the October Commission meeting. • Mr. Nelson had been previously promoted from the Commission alternate and, as such, there is not an alternate to fill the remainder of the vacant Commission term. Under the City Council's policy for the filling of advisory Commission vacancies, staff will review applications from the most recent Council interviews of prospective Commission candidates and forward an action item for appointment of a replacement to the Council on a future agenda. /8' Agenda Information Memo October 19, 2004 Eagan City Council Meeting G. APPROVE PURCHASE OF CAMERA EQUIPMENT FOR BURNSVILLE/EAGAN COMMUNITY TELEVISION. ACTIONS TO BE CONSIDERED: Approve purchase of a three- camera system in the amount of $112,947.05 from Alpha Video of Bloomington, Minnesota. FACTS: • The City Councils of Eagan and Burnsville both approved a five -year Capital Improvements Plan for Burnsville /Eagan Community Television (BECT) earlier this year. • One of the first elements of this plan includes three television production cameras necessary for the mobile production studio. • The Mobile Production Studio was identified as the most urgent need for replacement and funds were allocated for this purpose in Year 1 of the CIP. • An Invitation to Bid for television production cameras was published in September with two vendors responding, Alpha Video in Edina, Minnesota, and Rangel Television Systems in Kansas City, Missouri. • The bids reflect three different brands of cameras and two different systems — Camplex or Triax — for relaying signals back to the production vehicle. Although both the Camplex and Triax systems are viable for BECT needs, the Triax system has been identified as the preferred delivery model due to its ability to maintain signal strength and quality over long distances, quality of the physical connectors, and ease of operation for both staff and volunteers. These factors alone will save staff time and allow for greater production quality for the 125 -plus events produced by the production van each year. Bids received that meet our requirements include: Ikegami HL-45 in Triax configuration - $112,947.05 (Alpha) Hitachi Z4000W TXD2 in Triax configuration - $115,000.00 (Rangel) Sony DXCD5OWZX19PC in Triax configuration - $137,900.00 (Rangel) Prices quoted do not include shipping and tax. • The cameras selected will need to last several years, endure demanding remote production and be equipped for the future with the ability to accommodate the 16x9 screen size and digital production technologies. • The best choice considering these factors is the Ikegami HL -45 in Triax configuration at $112,947.05 from Alpha Video. In addition to meeting the technical needs of BECT, these units have good technical support through the local dealer. • Funds for purchasing these cameras are included in the 5 year Capital Improvements Plan and originate from fees paid by cable television subscribers. • Property taxes are not a funding source for the equipment or operation needs of Burnsville /Eagan Community Television. I / Agenda Memo October 19, 2004 CONSENT AGENDA: H. ORDINANCE AMENDMENT — SECTION 12.06 INTERIM USE: ALCOHOLIC BEVERAGES LICENSING STUDY ACTION FOR CONSIDERATION: Amend Eagan City Code Chapter Twelve entitled "Comprehensive Guide Plan and Land Use Regulations — Interim Use Study" by Adding Section 12.06 Entitled "Interim Use: Alcoholic Beverages Licensing Study. FACTS: • At the October 4, 2004 meeting, the Council directed staff to review City regulations with respect to liquor operations (e.g. number, location). The review is to include regulations used by other cities. • Additionally, the Council expressed its desire that no additional permit or license involving off -sale liquor operations be approved or issued pending completion of the staffs review of the regulations. • In order to protect the review process, the City Attorney's office has prepared an interim use ordinance (a moratorium) on the issuance of permits and licenses for off -sale liquor operations throughout the City. ATTACHMENT: A draft of the interim use ordinance is attached on Pagesa/ to do?. c2D DR F T ORDINANCE NO. 2 SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA AMENDING EAGAN CITY CODE CHAPTER TWELVE ENTITLED "COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS — INTERIM USE STUDY" BY ADDING SECTION 12.06 ENTITLED "INTERIM USE: ALCOHOLIC BEVERAGES LICENSING STUDY "; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 12.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 12 is hereby amended by adding Section 12.06, to read as follows: Section 12.06. Interim Use: Alcoholic Beverages Licensing Study A. On October 4, 2004, the Eagan City Council directed a study to be conducted for the purpose of evaluating whether to place new conditions or restrictions on the issuance of permits and licenses for off -sale liquor operations. B. All property located within the City of Eagan (the "Property ") is affected by this interim use ordinance. C. This interim use ordinance is adopted and is applicable to the Property for the purpose of protecting the planning process and the health, safety and welfare of the citizens. D. Commencing on the effective date of this interim use ordinance and ending on October 15, 2005, or such sooner time as the City Council may determine, the Property shall be subject to the following: i. No license for the sale of alcoholic beverages for consumption off any licensed premise shall be issued. ii. No conditional use permit or planned development amendments shall be approved or recommended for approval for off -sale liquor establishments. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including `Penalty for Violation ' and Section 12.99 entitled "Violation of a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. a� ATTEST: CITY OF EAGAN City Council By: By: Mira B. McGarvey Pat Geagan Its: Deputy City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: a°2 Agenda Information Memo October 19, 2004 Eagan City Council Meeting I. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To adopt an Ordinance Amendment amending Chapter 11, Section 11.70, Subdivision 21, D7, to add Public Facility District regarding trash enclosure and recyclables and direct the City Attorney's office to publish the amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL ➢ At least three votes FACTS: ➢ Section 11.70, Performance Standards, regulates attached/detached, materials, etc. generally and does not address the PF district. This was an unintentional oversight. ➢ The proposed "housekeeping" amendment will address trash/recycling enclosures for schools and churches in addition to the existing requirements for multifamily, commercial and industrial. ➢ The Advisory Planning Commission held the Public Hearing and recommended approval of the amendment at their regular meeting on September 28, 2004. ATTACHMENTS: (2) 1 Advisory Planning Commission Minutes on Page e[ Staff background memo to the APC on pages a through 23 City of Eagan Advisory Planning Commission Meeting Minutes September 28, 2004 Page 12 G. ORDINANCE AMENDMENT — CITY OF EAGAN An Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.70, Subd. 21 (D), 7 to allow detached trash enclosures in the Public Facility (PF) Zoning District. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated September 17, 2004. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl moved, Member Chavez seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.70, Subd. 21 (D), 7 to allow detached trash enclosures in the Public Facility (PF) Zoning District. All voted in favor. Motion carried 7 -0 V. OTHER BUSINESS A. NE Eagan Land Use Study City Planner Ridley disc►ssed this item as presented in the isory Planning Commission packet. He r- ;uested the appointment oft commissioners to sit on the NE Eagan Land Use Study ••rnnittee, Chair Heyl and Member Bendt v' unteered to, participate in the NE Eagan Land Use Study Committee B. Bus Tour Chair Heyl read the invitation for the bus t• r scheduled for 5:30 p.m. Thursday, October 7, 2004 at the Community Center. Members Leeder, Gladhill and Chavez stated u ertainty of their attendance. C. Workshop on Thursday October 14, 2004 a :30 p.m. D. Joint Meeting — November 9, 2004 City Planner Ridley stated a joint meeting with City Council will be held on Tuesday November 9, 2004. He stated the time will be announced. y �} 4 MEMO City of Eagan TO: Mike Ridley, City Planner FROM: Sheila Cartney, Planner DATE: September 17, 2004 SUBJECT: Item G - PF Trash Enclosure Ordinance Amendment Section 11.70, Performance Standards, regulates attached/detached trash enclosures, materials, size etc., for specific zoning districts and does not address the Public Facilities (PF) district. This was an unintentional oversight. The proposed "housekeeping" amendment will address trash/recycling enclosures for schools and churches in addition to the existing requirements for multifamily, commercial and industrial. The City Council directed this change at the September 21, 2004 regular meeting. Attached is the proposed amendment. �s- Agenda Memo October 19, 2004 J. PROJECT 771, LEXINGTON AVE. EASEMENT AND ASSESSMENT AGREEMENT ACTION TO BE CONSIDERED: Approve an agreement with Parcel 10- 01100 -01 -26 (3070 Lexington Ave) for the easement acquisition and assessable benefit associated with Proj 771 (Lexington Ave. reconstruction) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 771 provided for the reconstruction and upgrade of Lexington Ave. to a 4- lane divided roadway between Yankee Doodle and Clubview Lane. • As part of this County Road improvement, various easements had to be acquired to accommodate the related widening of the roadway. The City's financial obligation for this improvement was financed through special assessments against benefiting properties. • The property owner of 3070 Lexington Ave. contested the public taking of a portion of their property and objected to the resulting special assessments. • In response to the resulting litigation, both parties have subsequently reached an agreement resolving both issues. This agreement has been reviewed by the City Attorney's office and the Public Works Department and found to be in order for favorable consideration of the City Council. 0 6 Agenda Memo October 19, 2004 K. PROJECT 913, WALDEN HEIGHTS/ TWIN VIEW MANOR/ HILLCREST ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 913 (Walden Heights/ Twin View Manor/ Hillcrest Additions — Street Improvements) and schedule a public hearing to be held on November 16, 2004. FACTS: • On June 1, 2004 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets in the Walden Heights/ Twin View Manor/ Hillcrest Additions, west of Pilot Knob Rd. and south of Cliff Road. • The bituminous overlay of the streets within this neighborhood is programmed for 2005 in the City of Eagan's 5 -Year C1P (2005- 2009). • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for November 16, 2004. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Memo October 19, 2004 L. CONTRACT 04 -03, NORTH AREA STREET OVERLAYS & BORCHERT LANE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 04 -03 (North Area — Street Overlay Improvements/ Borchert Lane Street & Utility Improvements) in the amount of $38,167.17 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 04 -03 provided for the bituminous overlay of Coachman Road/ Four Oaks Road, Farnum Drive/ Century Point/ Donald Court, and on Terminal Drive, as authorized by the City Council under City Projects 894 and 898, respectively. It also provided for the street upgrade and utility improvements on Borchert Lane, as authorized by the City Council under City Project 884. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. �g Agenda Memo October 19, 2004 M. CONTRACT 04 -11, HOLZ FARM PARK ACTION TO BE CONSIDERED: Approve the final payment for Contract 04 -11 (Holz Farm Park — Utility Services Improvements) in the amount of $31,544.20 to Frattalone Companies, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 04 -11 provided for the installation of water services for the house and large shed at the Holz Farm Park. The availability of public water was primarily required in order to install fire sprinkler systems in the two buildings. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. � 9 Agenda Memo October 19, 2004 N. SPECIAL ASSESSMENT AGREEMENT — CAMP BUTWIN ACTION TO BE CONSIDERED: Approve a Special Assessment Agreement with the Jewish Community Center for parcels contained within Camp Butwin and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Jewish Community Center of the Greater St. Paul Area, Inc. owns and operates Camp Butwin located off 120 St. within the Lebanon Hills Regional Park. On Sept. 7, 2004, the Council approved a rezoning and a Planned Development for this property to accommodate a new lodge building and retreat center. • Condition #8 of the PD approval required the property owners to satisfy the outstanding Trunk Area Storm Sewer assessment obligation or reach a payment agreement with the City prior to the issuance of a building permit. • Such an agreement was prepared by the City Attorney's office, reviewed by the Public Works Department, signed by the property owners and is now being presented to the Council for their favorable consideration. • The terms of the agreement provide for the collection of the entire assessment obligation of $151,497 over 20 years with interest beginning January 1, 2007. 3 Agenda Memo October 19, 2004 City Council Meeting CONSENT AGENDA 0: Award Contract for Park System Master Plan Consultant ACTION TO BE CONSIDERED: Award a contract for the consulting services required to update the Eagan Park Systems Master Plan to CEHP Inc. FACTS: • A Park Systems Plan serves as a blue print and resource for making consistent and prudent decisions pertaining to community facilities and programs. • The current Park Systems Plan was completed in 1995. The update will evaluate current community demographics, the adequacy of current facilities and programs, and make recommendations regarding the means by which community needs can be met over the next 10 to 15 years. • Upon Council approval, a Request for Proposal (RFP) was prepared outlining the projects and the requirements for developing a project proposal. • 12 firms requested copies of the RFP, 5 firms responded with formal proposals • From the 5 respondents, 3 were selected for interviews before a panel consisting of the City Administrator, APrC members, Ken Vraa and Parks staff. • Based upon the interviews, the panel selected CEHP Inc. from Chevy Chase, MD. The firm has considerable experience in the development of similar plans and has subcontracted with a local professional to assist with project management. • Pending the award of the contract, work will begin by the end of October with completion expected by late May, 2005. • Funding for the Systems Plan Update will be from the Park Site Fund and is included in the approved, 2004 Parks Department CIP. • The quoted cost for project consulting services is $94,800 which is within the budgetary parameters of the CIP and Park Site Fund. ISSUES: • None Agenda Information Memo October 18, 2004 Eagan City Council P. FINAL SUBDIVISION (THORPE WOODLAND GARDENS 3 ADDITION) — RACHAEL AND CLAUS THORPE NEWMAN ACTION TO BE CONSIDERED: To approve a Final Subdivision, Thorpe Woodland Gardens 3rds Addition, to create three lots on approximately 2.2 acres located south of Yankee Doodle Road and East of Wescott Woodlands in the NE 1 /4 of Section 14. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: • The Preliminary Subdivision was approved July 20, 2004. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page 33 3 c.2 U Z E a` � I 5 E F °` s E € J W F @ Wi t( a 1 1 a -1 —• C �, r t Pt- 6 Z 1 6 1 ▪ F S ' JE- c5 0 4 8 g l i - t g 3 .1 Q } ! $g s i eR a E@• 1 1 18 1 1 f!) o e i. eB= g ° 1 � e y F5 F i 2 f .? c Fn 1 - L if) 21 js 3 . r a g 3 c c != `s E S ` d t g G\Z' g % a -` a r - ' a m 0 /a F r -) - E fi x _ 1 z 6 8 fig.:: 5 g . u 4 - e, m = i 5 E q @ i. _ i i 3 1 d I fr e g e� c €Z€ x . nill S g $ , 8 8 e - i =I > V s A l x - ° $ m E' =F: 7 I I n t l of < Y Cr ` 3 r ' _sE v �, L.l ra F g - " m g 2 ` g Y i_ F °d.? c 1q1, ` E m Si E� E � o ▪ tt, FF e £ .2 m y : igS o m — Y. m N,`"-3 2g g I A 5e f 9 g ' pi F [ rr id a1 g ,i g i _ g g6 !' 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R - Z S . X3.3 .. Agenda Information Memo October 19, 2004 Eagan City Council Meeting Q. FINAL SUBDVISION (GRAND OAK FIVE) & IMRE/ ROBERT O'NEIL HOMESTEADADDITIONS DRAINAGE & UTILITY EASEMENT VACATION — INTERSTATE PARTNERS ACTIONS TO BE CONSIDERED: Approve vacation of public drainage & utility easements within the Imre/Robert O'Neil Homestead Additions concurrent with the Final Subdivision approval of the Grand Oak Five Addition. Approve a Final Subdivision to create 4 commercial lots (Grand Oak Five) on approximately 13 acres property located at the northwest intersection of State Highways 55 and 149 in the East 1/4 of Section 2. REQUIRED VOTE FOR APPROVAL ➢ Majority of Council Members Present FACTS: Final Subdivision ➢ The City Council approved the Preliminary Planned Development and Preliminary Subdivision on August 2, 2004. ➢ Individual development for each newly created lot will require Final Planned Development approval by the City Council. ➢ All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. Easement Vacation ➢ On October 5, 2004, the City Council held the public hearing for this vacation, but continued action to be concurrent with the Final Subdivision approval of Grand Oak Five Addition. ➢ All notices have been published in the legal newspaper and sent to all potentially affected private utility owners and no objections have been received to date. ➢ The request has been reviewed by the Engineering Division and found to be in order for favorable Council action in conjunction with the Final Subdivision and plat approval of Grand Oak Five ATTACHMENTS (2): ],..-- Final Subdivision on pag Legal Description graphic on page 3 \ 530 EN / / / I ?9 ~ I i', fro j , 1 .\ � / m ,, / p ,9 63 n .0 / / • �a 3 40o , I < /,' ,7 4 ' � , /�. N ;. e 4 ∎) � 4' yL d e s r � I I C I D ,/ , 6 / 8' I ( 1 7 Z d � 'V. Z • , b�` ^ QF W Y ' \ \ \ ^ � I a. c� .„ .� r .,> r.a,o•rremeaw s d . a o bi i ••,.. _�— _— T l1P_@.! � - _.L -.-4 - / TAI •••••• I Y ✓/ 1 --� — — �_ 41 --1- ---- 1— rt'xprl - - - - r ' i I J =j -- l- a - -- •..1 ...• c -a[I �r oaAxrnc£ t vnutr ewstvEwr< B 1 I 1 PAGE W. (K. PO 727077 �lo �9G•y ` uroor ra ''R Sa ° sm l--1 ua. L 7,rl a• x w,.� fs' g r 1 " ,((�.mr I itC•r.trb > / ...ow-- ..---(,-/ -7 O x°1) rn / . a' aa , / 0 �e , I �, �i co r, ; = T mNl Ii A ' ; 4 5 / I .,t) tea_ <- yw. i t , � 1r / ��i i 1 � I. I' . 1 .• y - � CO E ° 2 F C _ � � o O C i y` s "! ,s a �ss.ac.00s .,.. U ......c.) N• n \ ' . 1 , •/ • �I Y (` P ' »j ,/ 1� I it c� I C j I u C r i m C J i - ,, °v l >, yc g o C...) I ` ®s 1 ' - ' p �.� M a 11J t6 (• . ss.as . n . i °lass • °'� r 4��ty'B• _ — I S - -_- __ 1''P. n ° \ . tvcc J 1 120.00 • \ F; i ,. tie r °OB'STW 461.24 - n. °,y,,,r _ � � o�LeL�P°e � .,,"°'•�,a � � ^+. 44. ;7! �� \� , n• « - '• ' F'o � ` n„•, r 9� {I • vl�rvvT 11 °2 ., °�. , i LI:',P 7 / 62.19 � ��' F 1 2 ` 4. t'I rr �rl iw. �V - '� , 7 R.1030.15 rn. ut,, 4r�v ■m\ 1 ::� { �..1.`� C 62.1 8 3' f 711�f1rr nl v r ' ry � ,yl � - c� D e =-• 4 a � CB- 500 '' l •rG � z° n z k -¢ ,,22 u r o r L+1 �Y ' GU t.+.y' N CP .; 01 cil 't - J (:` I C-4- • o I i CZ ? °m m w flH I e Ex cn Z -_°'' = o I y VI %.....3 c __ Fl 1 7 DRAINAGE &UTILITY EASEMENT o � 0 o PER IMRE ADDITION 10 I r� 1_...._ 15 Y / q t I _ I N L7 Q p c7 O Z 10� L.- L__ 15 = 1 o z� � . NORTH 3 3 U cE I i 1 1 ti — t' � FEET Cz = —J N T N - .1_,...., ...._, L2 i n o Lo �� 1 Li in D RAINAGE & UTILITY EASEMENT.- -' I PER IMRE ADDITION __ - �' _ J ,G - 1.- - � o 1 -_ I L(? o I o 1 G - 1i i ° CI' - I A I i i Z I 1 5-1 f c T c W . Please let this letter serve as Interstate Partners formal request to vacate the easements y located within the following legal decription: �' i, 0 I I Lot 1, Block 1, Imre Addition; Lot 2, Block 1, Imre Addition; That part of Lot 3 The Robert O'Neill Homestead, Dakota Co. Minn. Described as follows: / Commencing at the intersection of the North line of said Lot 3 and the Westerly , right of way line of State Highway No. 49, thence Southerly along said right of I way line 150.0 feet to the point of beginning, thence Southerly along said right of i way line 160.0 feet, thence Westerly parallel to the North line of said Lot 3 a distance of 245.0 feet, thence North parallel to the West line of said Lot 3 a 1-+ . distance of 158.98 feet, thence Easterly 263.48 feet to the point of beginning; ,� I -+ Outlot E, Robins Addition; Part of Lot 5 lying N of N R/W of Trunk Highway I No. 55, Robert O'Neill Homestead �4 O O n /? , Z I`I N i S4 —ad 1 v 1 ti p I fy`?49, \ 3, 25 9 6', 6`,6 Cn tc �h 1 Vp `�� \ 11).• \ 1 5 I hereby n ,t y gust this plan or aped6o Has s \ / LC) 7 prepared by me or under my direct suserveon and That I \ � 1 a duly land surveyor under the Isms agate S \ � _I }t Feta of Minnesota, Dared the 30th 30 day of August. 2004. SA RE- BERGQL,IS ,JNC. � t, d . ' N. -,,> a 1.~z- -> ; �", �, y ESMT VACATION SKETCH.DVJG ()aura 6. Pemberton. Minnasae Loam No. 40344 Agenda Information Memo October 19, 2004 Eagan City Council Meeting R. FINAL SUBDVISION TERRA GLENN 2 ADDITION - LUNDGREN BROS. ACTIONS TO BE CONSIDERED: To approve a Final Subdivision to create 19 single family lots (Terra Glenn 2nd Addition) on property east of Blue Cross Blue Shield, South of Yankee Doodle Road west of the City of Eagan Maintenance Facility and southwest of Terra Glenn Addition in the NW 1 /4 of Section 16. REQUIRED VOTE FOR APPROVAL • Majority of Council Members Present FACTS: • On December 16, 2003 the City Council approved a Preliminary Subdivision (Terra Glenn) to create 54 single family lots and 24 townhome units. • The Preliminary Planned Development was approved with The Blue Cross Blue Shield Master Plan, and is being developed accordingly. • This development is being platted in phases, this is phase two which only includes 19 single family lots. The remaining Outots will be platted at a later date. • Phase one was approved on April 20, 2004 for 35 single family lots and outlots. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): c/ Final Subdivision on page ,'� d 37 o I Z m M,9L,6l,ZOS p' o' a l 4 0F' a oo obL ,� zs- Jw = I n _ 1 M.oZ,£L.boS Z£ "LCZ I :I ^ I ' 1i o G,L f - _ - _ - if'LL2 -' _ - ,. ° of I 1 09 1C N L == .00 =_J :0 r.I — I W r ..occ�.oz z Q . 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CONTRACT 02 -10, DODD ROAD, DIFFLEY ROAD TO WESCOTT ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 02 -10 (Dodd Road, Diffley Road to Wescott Road — Street & Utility Improvements) in the amount of $4,500.00 to Valley Paving, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 02 -10 provided for the urban street upgrade and associated utility improvements on Dodd Road from Diffley Road to Wescott Road, as outlined and discussed in the feasibility reports for Project No. 850 and 862. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ISSUES: • The contractor, Valley Paving, Inc., has refused to sign the final payment request due to a request for additional payment for corrective work addressing "punch list" items or contractor deficiencies. City staff has expended a significant amount of time attempting to negotiate with the contractor, but the contractor has expressed no interest in negotiating and acknowledging the final payment. City staff has collected the IC -134 tax forms from all of the associated sub - contractors as required for final payment. The City Attorney's office has recommended approval of all outstanding payments due the contractor. Agenda Memo October 19, 2004 T. SPECIAL ASESSMENT POLICY AND SETTLEMENT AGREEMENT — LEBANON HILLS REGIONAL PARK (PROJ. 751R, DODD RD.) ACTION TO BE CONSIDERED: Approve a Special Assessment Policy and Settlement Agreement for Lebanon Hills Regional Park and authorize the Mayor and City Clerk to execute all relate documents, subject to Dakota County and Metropolitan Council execution of the Agreements, dismissal of the assessment appeal and payment of the Dodd Rd. assessment. FACTS: • Project 751R provided for the reconstruction and upgrade of Dodd Rd. from Cliff Rd. to 120 Street (Butwin Rd). In accordance with the Feasibility Report, the final assessment hearing held on Dec. 17, 2002 presented an assessment of $91,569 to Lebanon Hills Regional Park (LHRP) for its related frontage along the southern end of Dodd Rd. • Dakota County subsequently appealed the assessment to District Court. Minn. Statutes 473.334.states that for all regional parks, the Metropolitan Council shall not be bound by the determination of a city's assessable benefit but may pay a lesser amount as agreed upon by the Metropolitan Council and the City based on the measure of benefit to the regional recreational open space property. The statute also stipulates that the city shall not consider any use of the property other than as regional recreational open space. The original assessment was based on single family equivalents. • The City's current Special Assessment Policy did not have criteria that could be applied in the determination of assessable benefits to LHRP in light of the restrictive state statutes. • In a collaborative effort between the staff of the 3 agencies (County, City and Met Council), a comprehensive special assessment policy was established for LHRP that could be applied to, not only settling the Dodd Rd. appeal, but also to all future assessable road improvements adjacent to LHRP. This policy takes into account the functional street classification, park access and the type of improvement proposed to be assessed. Met Council is thinking about the merits of applying this newly created policy to all regional parks as a standard to help determine assessable benefits from local road improvements. • The result of this effort is a detailed policy that will be in effect for 20 years and will avoid any future disputes regarding assessments and helps the County and Met Council in projecting and programming funds for assessable improvements to regional parks. • The subsequent application of this new policy will result in an assessment of $13,611.75 for Dodd Rd. which is acceptable to the County and Met Council. • The City Attorney's Office and Public Works Dept. has reviewed the policy and all related agreements and found them to be in order for favorable Council action. Agenda Memo October 19, 2004 U. PROJECT 916, ST. FRANCIS WOODS 1 — 3 R1) / 5 T11 ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 916 (St. Francis Woods 1st — 3 rd / 5 Additions — Street Improvements) and schedule a public hearing to be held on November 16, 2004. FACTS: • On June 1, 2004 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets in the St. Francis Woods 1st — 3rd / 5 th Additions, south of Duckwood Drive. and west of Lexington Avenue. • The bituminous overlay of the streets within this neighborhood is programmed for 2005 in the City of Eagan's 5 -Year CIP (2005- 2009). • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for November 16, 2004. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. IV/ Agenda Memo October 19, 2004 ............._._........ PUBLIC HEARINGS A. LOT 4, BLOCK 5, PINES EDGE 1 ADDITION (539 WHITE PINE WAY) EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing and approve the vacation of a portion of a public drainage and utility easement on Lot 4, Block 5, Pines Edge 1st Addition (539 White Pine Way) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On August 6, 2004, City staff received a petition from Christy Fodor, 539 White Pine Way, requesting the vacation of a portion of the existing drainage and utility easement on Lot 4, Block 5, Pines Edge 1 Addition, south of Cliff Road, west of Dodd Road. • The drainage and utility easement was originally dedicated as part of the Pines Edge 1 Addition plat for storm water runoff purposes in the rear of the yard. • The purpose of the request is to vacate a portion of the easement to allow the construction of a swimming pool on the property. • The remaining portion of the existing drainage and utility easement would provide for the overland drainage from the adjacent properties. The homeowner will actually be improving the current drainage patterns by regrading the remaining easement area as part of the pool construction. • Notices were published in the legal paper and sent to all potentially affected and/or interested parties for comment prior to a public hearing scheduled on September 21. No comments or objections to the proposed vacation were received. • Shortly before the public hearing scheduled on September 21, the petitioner requested that the proposed vacation description be revised from the original request. Notices including the revised description were sent to all the potentially impacted private utility companies. No comments or objections to the revised proposed vacation have been received. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, pageV3 . • Legal Description & Graphic, pages and LiS i Z Q � 0 v Z W ." NI 5 Y DIFFLEY ROAD Z Illi , 1 ) - 7 ■ 1111. f:i [,,, r 1 1 401., -3-ix 1 , ../ t, -,_ , ,. 117, 11 o -.„_., 1W° F CLIFF ROAD IF g 1 ❑ AI r ! o o LS ❑ �� ' Re ol01 4 - Pp,gK Proposed / D e•`c LANE • F Q 4 44 RF Vacation ' 11 GUN ' CLUB _ m cg g i W 120th 5T 1 cam.._._- .-- •-- ...._..-^ -r — mom ^_" ... . ROSEMOUNT G: \Vacations1Gun Club Proposed Drainage & Utility Easement Vacation 539 White Pine Way 8/06/04 � ; Location Map City of Eagan 93 • ** ** Mendoto t Heights. D MN 55120 * PIONEER (651) 651-1914 440:681 -9488 LA. SURKTORS • OM ••/C engineering ..w NA.... rA.asuece..cwacn 625 Highwoy 10 N.E. * * Blaine. MN 55434 * .14 * (763) 763 -1880 FA35753 -1883 Description Sketch for: ROBIN FODOR LOT 3 N5 MOST NORTHERLY 1 25 \., BLOCK 5 CORNER OF LOT \ �\ ..) 1 56 � �5 a` •i ` of `o �' v °A (9 0 2 / �� *A Y . H ? ° 0 ,,- „,.0,45 .,6 .' gv\- , , •.. 9( 24 — �' Nt 54-• �ZN `OS ry • • ° S'� = CEP �,5.'-�,404 0 POINT OF c PP COMMENCEMENT, 1 '1 , �'< JN1' p StF. `�) CORNER ONORTHWEST 4.� \ , 4500• ___ ; �'+r -- m w u 5 imvi v.c , „1.‘.., ,5 �11 . .,, � \ ,. LOT 4 ,4, s; � BL OCK 5 ,_ 0 o f `� ' °� LOT 5 1 , s, '. BLOCK 5 • PROPOSED EASEMENT '-lo '',TO BE VACATED `\ aD ° ; - ,� \ / • < ' -- _ EXISTING ' _ • o \ \ \ ,y ' ',, l" ;CO DRAINAGE & UTILITY \ • EASEMENT PER PLAT \ \ :,' � N Z — 15 — j 589'4918 "w .' 113.75 - )) i i in SEE 057AIC 43/ '18 INGR &EGRESS EASEUENT PER, :BK. 256 OF DEEDS. PG. 232 & DIU l iii Y '—a Y 4 OF MISC REC PG 49 " 6. ., . 2 - - _ N89'49E 133.03 m; y \yr o , 'Y / • 1 Inch = 30 Feet PROPOSED 1FGAI DESCRIPTION 7O VACATE A PORTION OF DRAINAGE AND 017 ITT EASEMENT All that part of the droinoge and utility eosernent as delinioled and dedicated within Lot 4, Block 5, PINES EDGE 1ST ADDITION, according to the recorded plot thereof. Dokolo County. Minnesoto described as follows: Commencing of the northwest corner of said Lot 4; thence on n ossumed beoring of North 63 degrees 33 minutes 12 seconds Eost, olong the northwesterly line of sold Lot 4, o distance of 26.97 feet; thence South 47 degrees 05 minutes 28 seconds East, a distance of 5.34 feel to the intersection of a line porallel with and distant 5.00 feet southeoslerly of said northwesterly line of Lot 4, said intersection o)so being the point of beginning of soid droinoge and utility eosement to be vocoled; thence continue South 47 degrees 05 minutes 28 minutes East, o distance of 138.52 feet; thence South 21 degrees 04 minutes 11 seconds West, o distance of 0.85 feet; thence South 89 degrees 49 minutes 18 seconds West, a distance of 113.75 feet; thence North 00 degrees 18 minutes 08 seconds West, o distance 88.97 feel to the intersection of soid line parallel with and dislont 5.00 feet southeasterly of said northwesterly line of Lot 4; thence North 63 degrees 33 minutes 12 seconds Eost. olong said parallel fine, a distonce of 14.60 feel 10 the point of beginning. • THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO ROBIN FODOR THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, DR UNDER MY DIRECT SUPERVISION. AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER T1 LAWS OF THE STATE OF MINNESOTA, DATED THIS 5TH DAY OF AUGUST, 2004. SIGN D: PIONEER 6 1) 1 Don R. Westergren, Prolessionol Land Surveyor /l Z r,li5e Minnesolo License No. 19790 0 4l7_p1o_ 1O42165OO.DWC JMM /JAK 104216 04 -148 975 q X1151.3 sv& 2422 Enterprise Drive * * *, Mendota Heights, MN 55120 * PIONEER 4n0 SURVEYORS • OVA ENGINEERS (651) 681 -1914 FAX:681 -9488 * engineeri L... "....• LARD.aAPE "P.P.. 625 Highway 10 N.E. * * Blaine, MN 55434 xvs,.. ' 4( * (763) 783 -1880 FAX:7133 -1883 5BE Certificate of Survey for: ROBIN & CHRIS FODOR N 539 WHITE PINE WAY EAGAN. MINNESOTA 0.51. 1 ,: SAL \ t r' Y I EXISTING A 1 1 GARAGE _ 9511. GARAGE \�� YYYttt -- sue yY 959.1 / • A " X Y 51, ` .X954.4 ; %9NA 955X 550.0 "P ./............." / � Set I X954.1 � 1 157.5 - 9 43 c P u s \ X `5 su \ ,-• • \ 1 ;' NOON X1154.7 ..t1 : � -- - Moms i . x9519 56 'O�� .55� e. a/ Xs.53 \. , ..4. 7 ,(,,, „ , ? ` �s X9az4 .v i vs 45055.0 � X1511.11 I /, x 1154 x Er 901.4 / i / `� 7 0/ 5"I .../ 0 ^ v i J IN x '' G s :.S� 'V 7U T 0 1e . R T k i. i Swl I96 xvs X a . e,.. II / J / . 953,\ 1 R - . X.7.9 x I\ n�°1 u I sea LS� 4C /x h ; 1 1 l \ \ 5. g) .a / s� 7.5 II ° o / 2 P05 ' .a., 001.11 - O 2y 4 ? 0A, P J •o -2 t5. . , .4- u \ 8 C` ./ / O `T e ;/ ha ' Eo n X 51D \ ( 45.45, % \ �'�� a56i/ F c� 'o 9593 / va. / ` .I w2 i vv.a ) C J 'YY- s - LANDSCAPE/ .1 \o\.`� ,,, ,,,, s.. o. x � 9a0 . • .. n X 5T THE su.1 ,x♦ x �.� - .... SU.6 0531 a ' �(, s na.. ?� • ' .. i \As�k��; apicl °V` PC b vo 00 _. 9a 40.0o • D D S A �fPcC��lD+5. .. % us " d� a - ■ .0 fsSJ ;......-7,-. may' � sWL / ss SM. `' 0 0 ' , n U o PROPOSED X POOL - y + /. -(: ;35 ) \ \ / J 3.t -_. ___' x aE • J - _ _ ,413.0 1 X 0574 !0 ` N S1oa1 . / ` x •\ �3 0 Bx ° I i D� X q.,-ti.. 4 ag o \ B PINE._ N. • X SAA A'N � o � U3 95L, TOP ,.. - , *no \ ! " � \� _ x55. I . I " Sr. 1 WP e -. X ik y ..\ X i - a ENS; 9 a.9 S PINE \ va PINE / • _ - - - - - X95 . TREES Hi" �.x , ,I D SEMEN & U7 • r PLAT � o � T� V xvus u4. X I ASEMENT PER PLAT n' x+av: - =4 eve ' I STD. IMO ,',.• v I 95 asBa I�, SMN 1• SWt X' / .f. 9.5.4 _ : _ _ _ XveO.a -t- - � ivy s. I �, _.r _ _ _x __,-)4 X07.2 1 'Y., __ _ _ .. . *o a INGRESS 1. EGRESS EASEMENT PER f' c 5 SILT FENCE BIL 256 OF OF MSC. REDS.PPG4822 • MC 364 75 E.rSEME9� VO4 CAT ION.) FE-QV E, r N89 "E 133.03 NOTE: PROPo5.o 0ADES SHOWN PER GRADING PLAN BY PIONEER -- --- EXISTING CONTOUR N01E: BUILDING MMENSIOIS SHOWN ARE FOR NOWZGN1AL AND VERTICAL LOCATION FwnoAmW owENSIoNs. i1flOG'EG1unL PUNS FOR MOW. AND PROPOSED CONTOUR FXI5TING HOUSE 9 EVATION N01E: NO SPEMFI0 SCLS INVESTIGATION NA5 BEEN COMPLETED OR THIS LOT BY THE LOWEST FLOOR ELEVATION: SURVEYOR THE SUITADMTY OF SOILS To SUPPORT 1 THE SPECIFIC NoOsE TOP OF BLOCK ELEVATION: 962.5 DIE PROPOSED Is Nor THE RES...UTE OF T SuRrEYOR PROPOSED EASEMENT TO BE VACATED NOTE: 1045 L'ERTIFICAIE DOES NOT PURPORT TO SHOW EASPIENTS 010ER THAN GARAGE SLAB ELEVATION: 961.4 WHOSE 940WN ON IRE RECORDED PLAT. r NOTE: CONTRACTOR MUST VERDI' DRIVEWAY DEB.. PROPOSED DRAINAGE AND UTILITY EASEMENT NOTE: BEARINGS SNOW ARE BASED ON AN A55UNEO DAWN a ENT w N X =Lao DENOTES EXISTING 0VAn1N T a'?c,,E7 `.e.14•i V WSW (W000) OEHOIES PROPOSED ELEVATION WE HEREBY CERTIFY TO FLOOR THAT THIS 15 A TRUE AND CORRECT \ �7,G ( 1 , 5 s, O...:4 1D.\ - - - DENOTES MANAGE AND 111UTY EASEMENT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: - DENOTES DRAINAGE RON 119100 N DENOTES SPREE LOT 4, BLOCK 5; PINES EDGE 1ST ADDITION 8 DEMO HUB DAKOTA COUNTY, MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS, EXCEPT AS SHOWN. AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS DAY OF REVISED 9 -13 -04 DRAWING SCALE. POOL & EASEMENT B NEO: PIONEER E 1 INC„ P.A. SCALE : 1 INCH = 20 FEET 975 104216000 SINK /NJL /JMM 9 (1 410 • Dan R. Wostergren Reg. No. 19790 / v t \'I, Y5' Agenda Information Memo October 19, 2004 Eagan City Council Meeting B. VARIANCE — BRADFORD L. PICKENS ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to exceed the 20% maximum building lot coverage by 1% for a screened porch addition for Lot 6, Block 2, Walden Heights 2 " Addition, located at 1489 Pinetree Pass in the NE '/4 of Section 33. REQUIRED VOTE FOR APPROVAL • Majority of Council members present FACTS: • The subject lot is 12,657 square feet and the existing home has a foundation size of 2,520 square feet creating a lot coverage of 20 %, the maximum allowed by City Code. • The applicant is proposing to add a 143 square foot (11 x 13) screened porch addition to the existing home at a previously reserved location attached to an inside corner at the rear of the home. • The proposed addition will increase lot coverage to 21%. • The proposed addition will not protrude outward from the home's farthest side or rear edge and all required setbacks will continue to be met. 60 DAY AGENCY ACTION DEADLINE • November 26, 2004 ATTACHMENTS (1): Planning staff report, pages 7csy 1/C PLANNING REPORT CITY OF EAGAN REPORT DATE: October 12, 2004 CASE: 33- VA- 16 -09 -04 APPLICANT: Bradford L. Pickens HEARING DATE: October 19, 2004 PROPERTY OWNER: Bradford L. Pickens APPLICATION DATE: September 27, 2004 REQUEST: Variance to lot coverage PREPARED BY: Erik Slettedahl LOCATION: Lot 6, Block 2, Walden Heights 2 Addition 1489 Pinetree Pass COMPREHENSIVE PLAN: LD -Low Density Residential (0 -4 units /acre) ZONING: R -1, Residential Single Family SUMMARY OF REQUEST The applicant is requesting a Variance to exceed the maximum 20% building coverage allowed for a single family residence by 1% on Lot 6, Block 2 Walden Heights 2nd Addition, at 1489 Pinetree Pass, in the NE 1/4 of Sec 33. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. 17/ 2 Planning Report Pickens - Variance October 19, 2004 2 of 3 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.65, Subd. 5, E. requires a maximum 20% building lot coverage within the R -1 Single Family Residential Zoning District. Building lot coverage is measured using only covered structures. Open decks, pools, driveways, and other uncovered structures and surfaces are not considered when calculating lot coverage. BACKGROUND/HISTORY Walden Heights 2nd Addition was approved and recorded in late 2000. The subject home was built in 2001. EXISTING CONDITIONS The subject lot is 12,657 square feet and, according to a certificate of survey, the existing home has a foundation size of 2,520 square feet. The existing building lot coverage for this lot calculates to the maximum 20% allowed by Code. The subject lot slopes to the rear providing a walk -out lower level. An 11 x 13 foot corner at the rear of the home is reserved for a future deck or addition and has a walk -out door off the first level kitchen that is currently sealed. The living space edge at this location is currently at the minimum 10 -foot side yard setback allowed by City Code. EVALUATION OF REQUEST The applicant is proposing to add a 143 square foot (11 x 13) screened porch addition to the existing home at a reserved location in the northeast corner of the home, increasing lot coverage to 21%. The proposed porch addition will be constructed off the first floor, ten feet above ground level on 6 x 6 inch treated posts. The area underneath the proposed addition will be open on two sides. The addition will have exterior vinyl siding, roof, and soffit material to match the existing home. The proposed addition will be constructed to an inside corner of the existing home and will not protrude outward from the home's farthest side or rear edge. Also, all current side and rear setbacks meet City Code requirements and will be maintained with the proposed addition. Planning Report Pickens- Variance October 19, 2004 3 of 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicant has stated that the home was designed for an addition at the proposed location when it was built as there is a door exiting the kitchen to this future space. The applicant believes that the design of the addition at the inside corner will not allow it to extend beyond the existing sides of the house and it will not be visible when viewed from the front and west sides. The applicant also has emphasized that the 10 -foot area under the addition will be open on two sides. Although an uncovered deck may be constructed in this area without need for a Variance, the applicant has stated that they desire a screened porch free of mosquitoes. The applicant has also stated that he has already added steps and landscaping in preparation of the addition. SUMMARY /CONCLUSION The applicant is proposing a 143 square foot screened porch addition at the inside corner of the existing home that would exceed the building lot coverage requirement by 1 %. The addition will not extend beyond the existing sides and rear of the home and is designed to be complimentary to the existing home. ACTION TO BE CONSIDERED To approve a Variance to exceed the 20% maximum building lot coverage by 1% for a screened porch addition for Lot 6, Block 2, Walden Heights 2nd Addition, located at 1489 Pinetree Pass in the NE '/4 of Section 33. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit for the addition must be obtained before any construction work may begin. 3. All exterior siding, soffit, and roofing material must be consistent and compatible with the existing principal structure. 4. All vertical side walls of the proposed addition may not extend horizontally past the line of existing living space edge. 9? Eagan Boundary Location Map ' Street Centerline Parcel Area r ", Building Footprint r �w � tu – /b.,- Imp— r � t • ®� 0, e IIII in "i ar ao fir. ' 4 % L ' �L'�L I C�� > 1 r 0 fie. rallt 04#4■1111W '2 ®� Yitar;III i 1Lh1H �� ®_®o II 6 ,ft-es.. 0 ri• - F Asz, armigials '. mai am M IDI w e i ' 93 M ® Et�ap.IIHp ............ - 111' � r a !!! P ‘Tr®��o ,! .� il �' ® ® �: R e ®1/ ®® 0� ire u� gal F1 �® , , � ®a rye i 5 �,, ® � - 0 � ®4�� ®s ®� ire �� ® :u � 0[�1 �® ,.� v 'fa QEllw .g . *MP ® ® � i ®� a � a ∎ tee p ° ` 0A ® ®1 ® um A ®q *M A A te' AMA � � ia.a ilia l� - �,�4410, II 4®® Q u ® � ::.,4' l, ® % gy p Subject Site �� � � auw 011ie Es ---' Aid *Mt 4.,. ' ! ®� � i� 4, , Mai I -- , Chi WM ifi F po 4 ®, �s ® ®�� <> &4 i 4 s ?1 r , A ! F li ■ X11 h : �:: ,,, , �� p i31 1 ®f®® AIMG& 1 ■�I . ..�r..: : - . ra � �0 ® ® ® ®o .� ®l 1 e � q , � � ® w r ® ® ® ®ck, a oe MIN �a a�� ® ,�� � r� wdlt g 81 .. O Gg )\\ J , )1/ II E] 1000 0 1000 2000 Feet Development/Developer: Bradford Pickens Application: Variance Case No.: 33- VA- 16 -09 -04 --10 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of January 2004. W E Clt of en C7I1 THIS MAP IS INTENDED FOR REFERENCE USE ONLY v The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Bradford L. Pickens 1489 Pinetree Pass Eagan, MN City of Eagan September 27, 2004 Development Application Project Description This is an attachment to the Variance Application to exceed the twenty percent House Size to Lot Size limitation for my home in Eagan, MN. The proposed project is the addition of a screened porch on the northest corner of my home at Lot 6, Block 2, Walden Heights 2 Edition (PID: 10- 83301- 060 -02). The lot size is 12,657 square feet. (see survey). The Existing house size is 2,520 square feet. Twenty percent of the lot size is 2,531.4 square feet. The proposed porch will be 143 square feet. (see Builders drawing). The house and porch will be 2,665 square feet. This is 21% of the lot size, 1% over the limit (133.6 square feet beyond the 2531.4 square foot limit). The screened porch will be 11 feet by 13 feet, attached to the second floor of the rear corner of my home. (Please see the Builder's Drawing and the photographs) • Drainage Considerations: 1. The porch is ten feet above the ground. The area under the porch is open on two sides (see photographs). 2. The two exterior sides of the porch are screened. This will allow rain to enter the porch. There are no windows on the porch. 3. The porch floor is decking which contains drainage holes. This will allow water to fall onto the ground ten feet below the porch. Size and Suitability Considerations: 1. The porch is only 1% beyond the limit. 2. The porch does not extend beyond the sides of the house nor is it visible from the front and west sides of the house. 3. The house nearest the porch (on the east side of my home) has an attached porch. 4. My house was designed to include an addition at this location. A door currently exits off the kitchen onto the area where the porch would be located. 5. I have already spent $3,000 providing landscaping for the steps which will provide access to the porch (see photographs). 6. The porch will increase the value of my home. APPLICANT'S NARRATIVE L N ls• ate of Survey for: THOMAS J. MAURER CONSTRUCTION t, Job No. 131_ Book /Page: �� __: SEIBACK REp B ench Mark= 96 — 30' Date: 1/8 -- /01 — 25 Feet 'NIL Pinetree Pass near Scale: �— plastic ?` RO 10 Feet SE Cor L ot 6 Bloc 2 0 Denotes iron pipe set frith a p .. ARD ® GARAGE plug stamped RLS 10943. r, ARD : GARAGE: 5 Feet Walden Hei hts 2nd Addition YARD: 15 Feet •Denotes iron pipe found. ' ?.90 Denotes Existing Elevation PROPOSED HOUSE ELEVATIONS: 965.1 _ = • Denotes Surface Drainage FINISHED FLOOR ELEVATION @ GARAGE SLAB 86.8 • SIZE 12.657 S.F. TOP OF BLOCK ELEVATION = SE SIZE 95q _,520 S.F. LOWEST FLOOR ELEVATION = •9 — fK.r n I t . -'-'' . COVERAGE) • L y n M' 1 ' �'`� PESS: 1489 PINETREE PASS "a" ^ . _ ;� I BENCHMARK - --\ TOP IRON PIPE \c, EL =863.72 I _ 1 2 _ _�- 12 y rov ei I S02 ° 40'46 "W 145.07 i °0 1 969.32 -- 964.4 V) I 10 r —t-- -- '?' F 1 20.3 o I 6 Q 1 PROPOSED ADDITION ¶ 0 13.7 Z , �"ir: )I 14 I I n LAW 1 1 6 N I - 2.0 ` INV I _:r -'41-- I a I ; a 1'1 w:: k,952.0 07 O t o 10.E vi n I t 964.1 '_ rn IS I 4.00� - PROPOSED p o a 1 - 1 .-1 1`,� ti a HOUSE I11 • o b I i I 71- I \ DRA T A GE AND ' t'II ^ 1 r.t UTIL Y ,c I v °' ) I EA MENT t �� "' v a ■ I X2.6 5 _..t . y q� I I �- •E LINE o . 1 i / I 4.p '� � o o . 1.5 v I 25— _-V I r < 2 F -F 1 n uD .15 -- -- o t� "' 30.0 10 • - 50-- -- 1 —. N —L__- n I 1 10 — J , t 24.94 N00 ° 43'05''E 141.34 965.66 I ° - -WEST LINE WALDEN HEIG BENCHMARK PROPOSED FIRST ADDITION r TOP IRON PIPE MOUNTABLE r - r- EL = 963.27 CURB AND GUTTER r - 1 1 • f f `_ ' " (TYPICAL) S � y 2 ,� LT l Fr 1 1 r. 1 ' , r - � 1 r^ 0 ^/ • , .., 1 1 1 1 r ^ ; 1 t 1 ^ I i./ 1 - ` •• Lot 6, Block 2, Walden Heights 2nd Addition, Dakota County, Mn. I hereby certify that this survey, plan, or report was prepared by me or envision and that at I am a duly Registered Land Surveyor under the laws direct sup J ohn Oliver & Associates, Inc. laws o the state of Minnesota. JOHN 0; VER ASS � CIATES, INC Civil ancT^'.rEne. Land SuN Land Planning 580 Dodge Avenue Elk River, Minnesota (FAI)441 -56 �+ �-' • 201 W. Travelers Trail, Suite 200 ;y: Gary ', arris, Land Surveyor II Burns MN 55337 894 -3049 Minnesota License No. 10943 23 O1 (612)894 -3045 (FAX) 894-30 1 /11 /01, Rev.: 1/12/01 1/16/01 1/ / - CERTIFICATE OF SURVEY aliP 01-1 rum "�. -. :k ,- '"'"'"a Y• **NM rr 4 o m I r •• f 444 ��. t �,' 9 d {b ,.' .' �gpYwMpieAStrooa• 2, O�► � ;filer " ,.': k n 'grata R x f'- wrM 11_ 11111, ri; *F T _ fi Jib.: .7 rrn rmMrNyW '. . k AMw+7; �� W�fMI.wGu.wry S +YYN! ''" �. 4Sg. {Jr - kr wLWW'6NNYi@'�Y 4 1. � P F 1 ° {' " " nWUKairem4lb� - a • �a T MAIN °t,y E l r � '.J r Y µs'w+:weakdaz .w.wwy{✓ s M M yl. • PROPOSED LOCATION OF ADDITION / • • • • + • • • • • • • Cr I 1 • ( • • , ...,. , • • • • = g ->-• ! • . 1 i i 1 Z - 1 -----7----, ro ft>::_, i 1 *c: , 1 , , . ," ! . . 1 , , r 1 i • , I L.5„.14/. ! 1 i 1 • Agenda Information Memo October 19, 2004, Eagan City Council Meeting VII. OLD BUSINESS A. REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT — CEDARSTONE DEVELOPMENT ACTIONS TO BE CONSIDERED: To continue consideration of this item to November 4, 2004. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present 60 DAY AGENCY ACTION DEADLINE • December 21, 2004 ATTACHMENTS (1): Letter requesting continuance on page ��5 FROM LARKIN HOFFMAN DALY (952) 896 - 3265 (TUE) 10. 12' 04 11:57/ST. 11: 51/N0, 4260872988 P 2„ Larkin Ho ff roan Larkin Hoffman Daly & Iindjen Ltd. ATroanays 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 -1194 GENERAL' 952 -835 -3800 Fax: 952 -896 -3333 wr ; wwwlarkinhoflman_com October 7, 2004 Mr. Michael Ridley, Senior Planner City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Cedarstone Development Dear Mike: We respectfully request that Cedarstone's planned development application be laid over from the scheduled meeting of October 19, 2004, to the meeting ofNovember 4, 2004. We would like to take the time to work on the comments received at the Planning Commission meeting last week in order to respond to questions raised by residents and the Planning Commission. Thank you for your consideration of this request. Sincerely Peter J. Coyle, for Larkin Hoffman Daly & Lindgren Ltd. Direct Dial: (952) 896 -3214 Direct Fax; (952) 896 -3265 Email: psovleaa.1arkjnhoffiznan.com cc: Patrick Plautz V. Cletis Levisay • • g6 Agenda Information Memo October 19, 2004, Eagan City Council Meeting B. REZONING — ROBERT MCDONALD ACTIONS TO BE CONSIDERED: To continue consideration of this item to November 4, 2004. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present 60 DAY AGENCY ACTION DEADLINE • November 4 based on continuance request ATTACHMENTS (1): Letter requesting continuance on page cc e 5 _ .17 OGT.14'2004 08:51 9524321368 McDonald Construction #6087 P. 002/002 October 13, 2004 Ms. Sheila Cartney City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1897 Re: Request to continue Public Hearing for rezoning for the property located at 1085 Wescott Road, Eagan. Dear Sheila, Based on Cedarstone of Wescott`s request to continue the public hearing on their application for a planned development to November 4, 2004, I am requesting a similar continuation of hearing scheduled for my request to rezone my property to November 4, 2004. Thank you for your consideration in this matter. Since Robert Mc on • d ./ NINIMIRMNIMIIIMImmimiminamions D1 145th Street Wcst • Apple Vallcy, MN 55124 McDONALD :z) 432 -76o1 - Fax (952) 432 3 .--87 CONSTRUCTION Inc. Agenda Information Memo October 19, 2004, Eagan City Council Meeting C. PRELIMINARY SUBDVISION (SYCAMORE PLACE) — EPIC DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision (Sycamore Place) of 6 acres to create 9 single family lots, for property located north of the dead end street of Sycamore Court in the SE Y4 of Section 36; subject to the conditions in the APC minutes. To approve (OR direct findings of fact for denial) the proposed wetland replacement plan as presented. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: Items in bold are new information • At the September 21, 2004 regular City Council meeting the council continued this item to the October 19, 2004 meeting. The City Council directed staff to coordinate a third -party review of the development drainage and ponding calculations, and the associated high water levels of Pond LP -27.4 near Red Pine School. • The City's storm water management consultant, Bonestroo Engineering, conducted this review. Their analysis of the Sycamore Place site and Pond LP -27.4 indicates: o The proposed development drainage plans are acceptable and meet both the 1% event (6" rain in 24 hours) freeboard requirements and pass the July 2000 storm event without flooding any adjacent homes. o With full development of its direct and indirect tributary area, including proposed Sycamore Place, Pond LP -27.4 provides sufficient storage for both the 1% event, with required freeboard, and for the July 2000 storm without flooding any adjacent homes. • On October 4, 2004, GES, Inc. conducted a field review of four wetland boundaries which had been demarcated by Peterson Environmental Consulting, Inc. (PEC) on April 25, 2003. The purpose of the review was to determine whether the staked wetland boundaries were accurate in accordance with the 1987 U.S. Army Corps of Engineers "Wetlands Delineation Manual" (Technical Report Y -87 -1, 1987). Based on our findings in the field, it is the professional opinion of GES that the four wetland boundaries were marked reasonably accurately and GES concurs with the wetland delineation conducted by PEC. • The subject site is vacant with four wetlands present. • The applicant is proposing to impact one of the wetlands by filling it. The applicant is meeting wetland replacement requirements. • The proposed cul -de -sac is 570 feet; City code allows 500 foot maximum, a variance is necessary. As proposed R -1 standards are met. • The APC held a public hearing on August 24, 2004 and is recommending approval. ISSUES: • Residents (Pines Edge l Addition) adjacent to the subject site have raised concerns regarding the proposed storm drainage and ponding system and its ability to handle a large rain event similar to that which occurred in July 2000. • The developers Engineer has designed the stormwater pond to the City's standard for storm water pond design is a 1% event (6" of rainfall in 24 hours). • Computer storm water modeling of the proposed storm drainage and ponding system, with a rain event similar to July 2000 (11" of rainfall in 24 hours). Even without a functioning outlet pipe, the proposed pond and wetland water level is expected to rise to elevation 951.4, or about 3 '/2 feet below the lowest floor entry of the existing houses adjacent to the site. This elevation is within the public drainage & utility easement dedicated with the Pines Edge 1st Addition development. 120 DAY AGENCY ACTION DEADLINE • November 18, 2004 ATTACHMENTS (6): APC minutes on page through 6a Staff report on page 6,3 through Fs Memo from Graham Environmental Services, Inc. without page numbers Sycamore Place Ponding Information, page g''‘„ Construction regulations and requirement: Time on page ,r Construction regulation and requirement: Traffic Safety on page nr 6� City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 3 B. PRELIMINARY SUBDIVISION — EPIC DEVELOPMENT A Preliminary Subdivision (Sycamore Place) of approximately six acres to create nine single family Tots, located on the Eagan /Inver Grove Hieghts border at the north end of Sycamore Drive in the SE 1/4 of Section 36. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated August 17, 2004. She noted the background and history. Rich Ragatz, Epic Development stated the development has been amended from previous submittals that the APrC has reviewed, to nine lots with added wetlands. Chair Heyl opened the public hearing. Craig Murray 4812 Weston Hills Drive stated concern for storm water drainage, grading, traffic of trucks and safety of children, and the cul -de -sac variance. Deanne Parks, 4816 Weston Hills Drive stated concern for flooding on both her side of the street and the west side of the street. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Assistant Engineer John Gorder explained the wetland mitigation for this property and discussed the water height with and without an outlet. He discussed the skimmer structure connected to the drainage pipe on the west side of the property, and stated the drainage system has been successful in other parts of Eagan. Mr. Ragatz explained that the wetland mitigation is a two for one replacement. Chair Heyl inquired about the change from 23,000 cubic yards of fill to 17,000 cubic yards. Mr. Ragatz explained that the preliminary estimate was for 23,000 cubic yards of fill and has been refined to 17,000 cubic yards. He stated the hours of delivery can be restricted to decrease safety concerns. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Preliminary Subdivision (Sycamore Place) to create 9 single City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 4 family Tots and a Variance of 70 feet to the cul -de -sac length of 500 feet, on property north of Sycamore Court subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 2, 3, 4, C1, 2, 3, D1, and El 1. The property shall be platted. 2. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. This development shall dedicate drainage and utility easements to incorporate the required high water level elevation plus three feet as necessitated by storm water storage volume requirements. 5. The park and trail dedication shall be satisfied through a cash dedication. 6. The applicant shall fulfill required tree preservation mitigation through the installation of sixty -six (66) category A trees to be installed on site. 7. The applicant shall provide Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 8. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 9. A minimum wet -pond volume of 0.53 acre -feet covering an area of 0.24 acres with a maximum depth of six feet is required. All voted in favor. Motion carried 7 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 2004 CASE: 36- PS- 13 -07 -04 APPLICANT: Rich Ragatz HEARING DATE: August 24, 2004 PROPERTY OWNER: Carroll Estate APPLICATION DATE: July 20, 2004 REQUEST: Preliminary Subdivision PREPARED BY: Sheila Cartney LOCATION: North of Dead end of Sycamore Court COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R -1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (Sycamore Place) of 6 acres to create 9 lots on property located north of the dead end street of Sycamore Court in the SE 1 /4 of Section 36. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: 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. 63 Planning Report — Sycamore Place August 24, 2004 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or 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 property is vacant and not platted. In December 2003, a similar application was submitted to subdivide the subject property into 14 single family lots. There were some discrepancies in the wetland delineation report, which then called for a Technical Evaluation Panel to discuss the issues. Once the proper wetland delineation was presented the applicant requested to use wetland banking credits, the Advisory Parks Commission was opposed to this proposal. The applicant later withdrew the application, prior to any public hearing or Council review. 6� Planning Report — Sycamore Place August 24, 2004 Page 3 EXISTING CONDITIONS The subject site is vacant and heavily wooded. There is a wetland on -site. Sycamore Court dead ends at the beginning of the subject property's south boundary. SURROUNDING USES The property is surrounded by single family uses and low density residential. The east side of the property borders Inver Grove Heights. EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject property is zoned R -1 single Family Residential and Guided LD, Low density Residential, which is consistent with the proposal and surrounding land uses. Airport Noise Considerations - The subject property is not within the airport noise contours. Density - The proposed subdivision creating 91ots has a net density of 2.2 units /acre. The Low Density Comprehensive Plan designation allows 0 -4 units /acre; this subdivision is consistent with the Comprehensive Plan. Lots — The proposed lots range from 12,586 square feet to 71,430 square feet. The R -1 single family district requires a minimum of 12,000 square feet and 85 feet width at the setback per lot; all lots comply with the lot area and width requirements. Setbacks - R -1, setbacks apply to all lots within this development. Front yard setback of 30 feet, side yard setback of 10 feet for the principal structure and five feet for accessory structures, and a rear yard setback of 15 feet for the principal structure and five feet for accessory structures. Grading - The preliminary grading plan is acceptable with modifications. The site is relatively flat and generally slopes to an existing wetland on the west edge of the property. The developer's engineer has indicated that approximately 17,000 cubic yards of fill will need to be imported to grade the site as proposed. Stone Drainage - The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain overland and/or via storm sewer pipe to the existing wetland on site (Pond LP -27.5 as designated in the City Storm Water Management Plan — 1990). The developer proposes to excavate the wetland to create an improved ponding area for water quality and runoff control. This wetland is drained by an existing storm sewer pipe to the west, within the Pines Edge 1 Addition. The developer should construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. S Planning Report — Sycamore Place August 24, 2004 Page 4 The existing storm outlet pipe was constructed at a nearly flat slope in conjunction with the development of Pines Edge 1St Addition to the west. The proposed modifications to the wetland (Pond LP 27.5) on site are designed to provide flood storage and protection for rainfall events consistent with current City standards (termed a 1% event, 6 inches of rain in 24 hours). Additionally, the existing wetland along the north edge of the development will provide an emergency overflow for Pond LP -27.5, providing further storm storage in the event of rainfalls in excess of a 1% rainfall, including an event similar to the July 2000 stone. Residents in the adjacent Pines Edge Addition development have raised concems to City staff regarding the impact this development will have in potentially affecting the groundwater levels on their properties. Groundwater levels are mainly affected by long -term precipitation cycles (over months or years), not by surface or grading changes. While this development will alter the surface water runoff patterns of the property, it will not significantly affect groundwater levels in the area. Utilities- The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient size, depth and capacity is available for connection within the property. All existing well and septic systems on the site, if any, should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation- Public street access for the development is proposed from the extension of the existing Sycamore Court stub street. Sycamore Court is proposed as a 570 -foot long cul -de -sac. If approved, the cul -de -sac length is a variance to the City code maximum of 500 feet. Easements/ Permits/ Right -of -Way- This development should dedicate drainage and utility easements to incorporate the required high water level elevation plus three feet as necessitated by stonn water storage volume requirements. Wetlands - The APrC has reviewed wetland replacement plans for previous versions of this proposed development. At the April 19 APrC meeting, the commission unanimously recommended denial, based on a desire for the developer to make a better effort to keep the replacement wetland area in Eagan. Prior to the City Council's scheduled May 18, 2004 decision on that plan, the developer formally withdrew his application. The developer has now filed a revised wetland replacement plan application for the project. In response to the commission's concerns, this plan has less wetland impacts than previously, and all of the replacement wetland area is proposed on -site. There are four wetlands totaling 1.24 acres on the parcel. The developer is proposing to impact up to 0.33 acre of this wetland area (14,518 square feet) by filling. A proposed 0.27 acre (11,662 square feet) of wetland excavation would help to create a stormwater pond to be constructed on the site, but State wetland conservation rules do not consider excavation of this type of wetland to be an impact that requires replacement. Planning Report — Sycamore Place August 24, 2004 Page 5 To fulfill the required 2:1 replacement ratio, the developer proposes to replace the fill impact by: 1) restoring 0.53 acre (23,000 square feet) of historically filled wetland (factored at 25 percent for replacement credit purposes), 2) creating 0.28 acre (12,038 square feet) of new wetland area adjacent to existing wetland, and 3) creating at least 0.33 acre (14,518 square feet) of upland buffer area as "public value credit." The replacement plan includes a required five -year management and monitoring strategy, which would begin after completion of construction or until the Wetlands Technical Evaluation Panel is satisfied that replacement wetland is fully functional. The developer must submit annual monitoring reports to the City beginning the year after construction completion. Water Quality - This proposed 6.0 -acre single - family subdivision is located at the upper edge of the City's L- watershed. Approximately 0.3 acres of the site will drain northeast to a small pond, which appears to have been created historically. The remaining portion of the site (approximately 5.7 acres), as well as about 0.6 acres of Pines Edge 1st Addition in Inver Grove Heights to the east, will drain west to City Pond LP -27.5, a shallow, natural wetland that is connected to the City's stormwater drainage system. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). The total impervious proportion of this proposed subdivision is approximately 28.5 percent. To meet water quality requirements, a minimum wet -pond volume of 0.53 acre -feet covering an area of 0.24 acres would be needed. The pond would have a maximum depth of six feet. The developer proposes to create adequate stormwater treatment volume by excavating the natural wetland on site. As mentioned previously, state wetland conservation rules do not consider excavation of this type of wetland to be an impact that requires replacement. Tree Preservation - A tree inventory submitted with this application indicates that there are two - hundred seven (207) significant trees in the inventory. The majority of the trees are silver maples; there are also oaks, box elder, elm, black cherry, cottonwood, and willow and ash trees present. The development as proposed will result in the removal of one - hundred forty -two (142) significant trees (68.6% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single- phase, multiple - lot, single -unit residential) is set at 40% of the total significant trees. With a proposed removal more than the allowable amount, tree mitigation is required. The required tree mitigation calculates to sixty -six (66) Category A trees (or an equivalent combination of Category B and/or Category C trees). The applicant has submitted a Tree Replacement Plan that shows the installation of sixty -six (66) Category A trees. Parks and Recreation — A cash park and trail dedication is required with this development. Planning Report — Sycamore Place August 24, 2004 Page 6 Advisory Park and Recreation Commission — The APrC recommended approval of the proposed plan at their August 18, 2004 meeting. SUMMARY /CONCLUSION The applicant is requesting to subdivide 6 acres to create 9 single family lots. The proposed lots meet the minimum R -1 standards. The proposed cul -de -sac is 570 feet, the City Code allows a maximum of 500 feet, a variance is necessary for the proposed cul -de -sac. Public utilities are readily available for this development. There are four wetlands totaling 1.24 acres on the parcel. The developer is proposing to impact up to 0.33 acre of this wetland area (14,518 square feet) by filling. To fulfill the required 2:1 replacement ratio, the developer proposes to replace the fill impact by: 1) restoring 0.53 acre (23,000 square feet) of historically filled wetland (factored at 25 percent for replacement credit purposes), 2) creating 0.28 acre (12,038 square feet) of new wetland area adjacent to existing wetland, and 3) creating at least 0.33 acre (14,518 square feet) of upland buffer area as "public value credit." A tree inventory submitted with this application indicates that there are two - hundred seven (207) significant trees in the inventory. The development as proposed will result in the removal of one - hundred forty -two (142) significant trees (68.6% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single - phase, multiple -lot, single -unit residential) is set at 40% of the total significant trees. Tree mitigation is required. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Sycamore Place) to create 9 single family lots and a Variance of 70 feet to the cul -de -sac length of 500 feet, on property north of Sycamore Court; subject to the following conditions: If approved, the following conditions should apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, Bl, 2, 3, 4, Cl, 2, 3, D1, and El 1. The property shall be platted. 2. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. This development shall dedicate drainage and utility easements to incorporate the required high water level elevation plus three feet as necessitated by storm water storage volume requirements. i‘r Planning Report — Sycamore Place August 24, 2004 Page 7 5. The park and trail dedication shall be satisfied through a cash dedication. 6. The applicant shall fulfill required tree preservation mitigation through the installation of sixty -six (66) category A trees to be installed on site. 7. The applicant shall provide Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on- site. 8. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 9. A minimum wet -pond volume of 0.53 acre -feet covering an area of 0.24 acres with a maximum depth of six feet is required. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and 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. ?61 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 City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS #5 STANOARO.CON /�]/ FINANCIAL OBLIGATION - Sycamore Place- Preliminary Subdivision There are pay -off balances of special assessments totaling $6,247 on the parcel proposed to be subdivided. The pay -off balance will be allocated to the lots created by the Subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final Subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk S.F. $1,000 /Lot 9 Lots $9,000 Water Trunk S.F. 1,040 /Lot 9 Lots 9,360 Storm Sewer Trunk S.F. .095 /Sq. Ft. 126,383 Sq. Ft. 12,006 Total $30,366 201 Eagan Boundary ,/\,,' Street Centerline Location Map 1 i Parcel Area F Building Footprint Tra C . ®�� �� � � ® ® ® ® o' 17 C ® e © `� ®, 1 1.2 1 - \ i ^�_ ms i r 111011i 11147, , LIWPriiim _ • 1 11111111 C:�� ® a ®����rfi F it 1 44 " ,I; i \11 ��� ` � ®,t, ® n a ( r wihmiff II ;• . d B . Subject Site i Of ' kr rNal A AP ____./ lilt �t9 B�G�i ■II ` a. /� 11® ` N ■ ' ' r 12 11111111 III lit il ; VP.,/ 5 L; iii jr • 5110 :. I I 1 !i i ! t ' ® WI • n /.0 -11-11 .j' j ti — Et a - 1111■■ . y .q NI =�`, 1:3 ir g / I • MN m 0 „� d. � `S- `" ^sJaYX �••�� �p�[ m6vn _:. �• -.._ '• / i , 91 f" E84YJ'Lisc- _; / I r ill I 1000 0 1000 2000 Feet i ■ Development/Developer: Sycamore Place Application: Perliminary Subdiv' ' a n Case No.: 36-PS-13-07-0 1 73 N Map Prepared using ERSI • iew 0.1. -. - • ase map data provided by Dakota County Office of G - • is current as of January 2004 W E THIS MAP 15 INTENDED FOR REFERENCE USE ONLY city o� eagan Th City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Sycamore Place Land Use Map Case No. 36- PS- 13 -07 -04 6,/k Zoning Map 9 i � , (:, . - rd. i I p *4 kit * - A SO 1 4 * 0 Current Zoning: IRMO E '' '' R -1 '4 1 Single Family Residential 4 ! _ ,01 1 - R_, z , _ - . - al 0 J-,_] L_ - _ NAM M - Illi IUMMM MN 600 0 600 12 00 Feet _ • • ' Comprehensive Guide Plan . , 41, „ice` `= 1 • Land Use Map Me n A ♦� ♦� A ,, /4"i Current Land Use Designation: LD NM 1. — 2111 LD ......■ IN OP Density Residential aP . MN El I - 1200 Feet 1 600 o 600 `74f -a.- N „ , Parcel base map inform • • n providediy D -- • onty Land Survey Departmed June 2003. i Zone, • - ion maintained byCity Staff. t' i -�' ' 7 W E City of Eagan Z THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department S tY P P The City of Eagan and Dakota County do not guarantee the accuracy of this information. .,__ • I Iii I . 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T - �; -- - - - -- — ' � r te '- - - \I 1 l 1 1 1 ;'W 1 I i • 1 IIWs 1 I I I i i` I ?i :; PRELINLINARY SUBDIVISION SUBMLTTAL Preliminary Subdivision Plan: 1. Proposed subdivision name is Sycamore Place, vicinity map see attached map for details. Owner: Estate of Jacob Carroll (Yolonda Carroll Gibbs, PR) P.O. Box 16653 Chicago, IL 60616 (630) 660 -2897 Developer: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 (612) 730 -2814 Surveyor/ Engineer: Randy Hedlund Hedlund Engineering 2005 Pin Oak Drive Eagan, MN 55122 (651) 405 -6600 Contact Person: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 (612) 730-2814 Preparation Date: July 20, 2004 2. See plan for benchmark, proposed subdivision boundary line is the entire site; see plan for lot boundaries, and 9 low - density single - family lots are proposed. See preliminary subdivision plan for details. 3. The site is comprised of one tax parcel. See site survey for dimensions. The site will consist of one cul -de -sac with 9 lots all on one block. 4. Sycamore Court is the proposed name of the street/ cul -de -sac with the right of way being 50 feet for the street and 110 for the cul -de -sac. 5. The site has a 40 -foot easement for sanitary sewer and water that angles through the northerly one -third of the site. 6. Due to the relatively small size of the site and the location, dedicating land for a park does not make sense. As a result, a cash payment is planned. 7. The minimum building setback lines will be: 30 foot front yard, 10 foot side yard (house side), 5 foot side yard (garage side), 15 foot rear yard. The width at minimum front yard setback will be 85 feet. C:carrollprelimsubeagan.v3 RECEMED JUL 2 0 2004 8. Subdivision summary: See Preliminary Plat Plan for details. Total Site Area: 261,342 sq. ft. or 6.00 acres Right -of -Way Area: see Site Plan for details Wetland Area: 54,014 sq. ft. or 1.24 acres Net Area: see Site Plan for details Total Number of Lots: 9 Net Density: see Site Plan for details 9. Right -of -Way area will be just for the extension of the road and cul -de -sac. The ponding easement area will be located along the western portion of the site between proposed lots #2 and #3. It should be noted that the pond has been over -sized to store storm water over and above the required capacity to help prevent potential flooding of neighboring properties. See Drainage Plan for details. Due to the size of the subject site and its location, there will be no parkland area. Existing Conditions Plan: 1. The subject site does not currently have any streets, however, access is available off the current dead -end of Sycamore Court. 2. The site is encumbered with a 40 -foot easement for sanitary sewer and water that angles across the northerly one -third of the site. 3. The site is currently a vacant wooded site with no existing structures. 4. A good portion of the site is wooded. Will try and preserve as many mature trees as possible. See Existing Conditions Plan and legend for details. 5. The site does not have any water bodies. Four wetland basins are present on- site comprised of 1.24 acres (See Petersen Environmental reported handed in previously). The largest basin is comprised of .65 acres that is located just south of the midpoint of the western elevation of the site. This wetland is adjacent to the culvert that was supposed to drain the site, however, due to the culvert elevation and other circumstances, the culvert actually does the reverse and drains to the site. This is a problem that needs to be solved so that the site does not get flooded during storms. We are solving this by over - sizing the pond and raising the site elevation. Preliminary Site Layout: 1. Boundary lines of property with dimensions and area are on the Preliminary Site Layout. 2. Minimum building setbacks are all per the code. See Preliminary Site Layout for details. 3. The site is a proposed low - density single - family development comprised of 9 high quality single - family homes with finished square footages of 2,500 square feet or more. 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WOJJ aotonut paztuta3t us jo 3dtaoar uodn Jauoftlad all. icq aputu eq Neils juataked aqZ -arn3uu "mulls Jo s3soo pus `gels ag3 jo sragtuaui Jag3o Jo JauuEid X413 pue `'fauroi4E `Jaaut2ue OE't § NOI LVd'If1DaI UNV ` €NISNaOI'I NOIL3fl3LLSNOO § 4.30 EAGAN CODE L. Load limits. Applicant shall adhere to all state, county and city load limits in hauling to and from the site. y M. Traffic safety. Applicant shall provide warning signs and flagmen for proper traffic safety during periods of heavy traffic to and from or past the site and at such other times as the director of public works may require. N. Ceasing operations; one year limit. In the event operations cease, or substantially so, on said site for a period of more than one year, or in the event substantially all gravel and sand deposits thereon have been removed, no further operations shall be conducted thereon, and the agreement shall be deemed absolutely void. O. City rules and regulations. The city may, from time to time, adopt reasonable rules and regulations during the course of the agreement pertaining to applicant's operations which applicant shall agree to be bound by. For failure to comply with same or with the agreement or applicable provisions of the City Code, rules and regulations, applicant shall cease operations immediately upon receipt of written notice by the council or its authorized representative unless within the time specified he shall remove such default. P. Other operators. The applicant shall not permit any other person to operate upon said site, haul or otherwise without first obtaining the written consent of the council and an appropriate acknowledgment by such person that he will be bound by the agreement and covered by bond. Q. Restoration. Applicant shall provide topsoil or other approved cover material over all disturbed areas. The excavation plan shall provide detailed information on the type, thickness and schedule of placement of this material. The area shall be reseeded in accordance with an approved plan and time schedule. The applicant shall be liable and responsible for any and all unauthorized and unapproved types of fill consisting of debris, garbage and refuse deposited in the site unbeknownst to the property owner. R. Wetland conservation. Excavation as permitted hereunder shall be in compliance with any and all applicable wetland conservation statutes and regulations and any amendments thereto hereafter. Subd. 6. Granting of permit. The council, as a prerequisite to the granting of a permit or after a permit has been granted, may impose the following requirements in agreement form where applicable upon the applicant or owner of the premises to: A. Properly fence any pit or excavation, maintaining a secured access, if requested by the city, to help restrict unauthorized use by the general public. B. Slope the banks, fill, level off any pit or excavation or otherwise place in such condition at any time so as not to be dangerous because of sliding or caving banks, so as to minimize or stop erosion or dust during or after excavation. Supp. No. 9 CD4:20 as' Agenda Information Memo October 19, 2004 Eagan City Council Meeting D. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT — CLUBVIEW ADDITION (MAX STEININGER) ACTIONS TO BE CONSIDERED: To approve (or direct findings of fact for denial) a Rezoning of five acres from A, Agriculture to PD Planned Development for property located at 3070 Lexington Avenue. To approve (or direct findings of fact for denial) a Preliminary Planned Development to allow an office on one lot, a contractor's yard and residential use on the other lot, and to enter into a sunset agreement to allow the continued residential use for property located at 3070 Lexington Avenue; subject to the conditions in the APC minutes. To approve (or direct findings of fact for denial) a Preliminary Subdivision (Clubview Addition) of 5 acres to create 2 lots for property located at 3070 Lexington Avenue; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL ➢ Majority of Council members present Information in Bold is new information FACTS: ➢ At the regular City Council meeting on September 21, 2004 the Council continued this item to the October 19, 2004 meeting. ➢ The City Council requested that staff work with the applicant to prepare the Sunset Agreement to allow them to review the document before taking action. ➢ The site is currently one 5 acre unplatted parcel containing a single family residence, a contactor's yard and a utility /office building that has been in operation since 1968. ➢ The applicant is proposing to maintain these uses and add new office building to new Lot 1 with the intention of creating a "sunset" agreement covering the existing home on proposed Lot 2. ➢ The "sunset" agreement would be part of the Planned Development agreement and would allow the single family residence and contractor's yard to remain on -site until the current owner Max Steininger and/or his wife no longer reside at the property. ➢ Once neither Mr. or Mrs. Steininger reside in the home, the property will come into compliance with the I -1, Limited Industrial standards, which will require the removal of the single family residence. ➢ A public hearing was held at the August 24, 2004 Advisory Planning Commission meeting where they recommended approval. 3 ISSUES: > Dakota County and City staff had concerns with the original alignment of the service drive. An acceptable revised plan has been created. 120 Agency Action Deadline > December 2, 2004 — staff extended 60 day deadline ATTACHMENTS (4): Advisory Planning Commission Minutes ages qJ -93 Staff report on pages q ' through / / 3 Revised Access Plan dated 09 -16 -04 on page /l4i Draft Sunset Agreement language on pages /s through 4.20 9' City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 5 C. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT — MAX STEININGER, INC. A Rezoning of approximately five acres from A, Agriculture to PD, Planned Development, a Preliminary Subdivision (Clubview Addition) to create two Tots and a Preliminary Planned Development to allow an existing home, contractors yard and a new office building, located at 3070 Lexington Avenue in the NW 1/4 of Section 11. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated August 17, 2004. She noted the background and history. Applicant representative Rollin Crawford discussed the letter from Dakota County received today, with the subject of access. He also discussed tree Toss and additional screening. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl complimented the Sunset Agreement. She stated this proposal would work, however she would like to add a condition addressing access to the site. Member Bendt moved, Member Hansen seconded a motion to recommend approval of a Rezoning of 5 acres from Agriculture to PD, Planned Development, for property located at 3070 Lexington Avenue. All voted in favor. Motion carried 7 -0. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Preliminary Subdivision (Clubview Addition) to create 2 parcels, containing an existing single family home and contractor's yard and a lot for new development of an office building, for property located at 3070 Lexington Avenue subject to the following conditions as amended: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 4, C1, 2, 4, D1, and El 1. The property shall be platted. 2. This development shall dedicate restricted access to Dakota County along the entire west edge of the plat adjacent to Lexington Avenue, except in the area of the intersection of Clubview Drive. / City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 6 3. This development shall dedicate public right -of -way along Lexington Avenue as required by Dakota County. 4. The developer shall dedicate private ingress/ egress easement across Lot 2 over the private service drive providing for access to Lot 1, in a form acceptable to the City Attorney, City Staff, and County Plat Commission. 5. Park and trail dedication shall be satisfied through a cash dedication. 6. Tree preservation issues for Clubview Addition will be addressed at the time of building permit application. 7. An on -site pond should be constructed to treat runoff from an assumed 75 percent eventual impervious cover of the parcel (Lots 1 and 2). The pond should have a minimum wet - storage volume of 0.72 acre -feet and surface area of 0.29 acres. The pond should have a 10 -foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL, and the side slopes below the aquatic bench should be at a 3:1 slope to a maximum depth of 10 feet. Outlet structures must meet City design standards. All voted in favor. Motion carried 7 -0. Member Hansen moved, Member Chavez seconded a motion to recommend approval of a Preliminary Planned Development to allow an existing single family residence and contractor's yard to continue as is and development of an office building on Lot 1, for property located at 3070 Lexington Avenue subject to the following conditions as amended: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. As part of the "sunset" agreement, once neither Mr. and /or Mrs. Steininger no longer ess+py live in the home, the existing house shall be removed, —. Existing buildings and any new development on Lot 2, shall connect to the City sanitary sewer system, any well and septic shall be abandoned according to Dakota County standards, at that time. 3. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 4. The developer shall construct 23 parking stalls and designate "proof of parking" stalls on Lot 1. If parking issues arise the proof of parking stalls shall be constructed. 5. Trash /recycling shall be stored indoors or in an enclosure attached to the office building and constructed of materials that match the principal building. ?e72. City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 7 6. Lot 1 is allowed a monument sign not to exceed seven feet in height and 40 square feet in area. 7. Outdoor storage in the contractor's yard shall be limited to 60 pieces of excavation equipment with buckets, attachments and related equipment. 30 trucks, trailers, pickups and related equipment. And construction supplies including pipes, steel members, lumber and related materials. 8. The applicant shall submit a Site Plan for Lot 2 depicting the location and type of materials /equipment to be stored outdoors. All voted in favor. Motion carried 7 -0. '?3 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 2004 CASE: 11- PS- 16 -08 -03 APPLICANT: Max Steininger HEARING DATE: August 24, 2004 PROPERTY OWNER: Same APPLICATION DATE: August 4, 2004 REQUEST: Rezoning, Preliminary Subdivision Preliminary Planned Development, Final Planned Development PREPARED BY: Sheila Cartney LOCATION: 3070 Lexington Avenue COMPREHENSIVE PLAN: IND, Industrial ZONING: A, Agriculture SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from Agriculture to Planned Development, a Preliminary Subdivision (Clubview Addition) of five acres to create two lots and a Preliminary Planned Development to allow an existing single family residence and contractor's yard to continue as is and development of an office building, for property located at 3070 Lexington Avenue in the northwest 1 /4 of Section 11. AUTHORITY FOR REVIEW • Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two- thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Preliminary Subdivision: Planning Report — Clubview Addition August 24, 2004 Page 2 City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or 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 9s Planning Report — Clubview Addition August 24, 2004 Page 3 maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The subject site contains an existing single family home and an existing contractor's yard, the lot is not platted. The contractor's yard has been operating at this location for the past 36 years; no complaints have been filed with the city regarding this operation. EXISTING CONDITIONS The site functions as a residence and active contractor's yard. The residence is screened from Lexington Avenue by significant trees. The equipment and materials for the contractor's yard is stored outdoors onsite. SURROUNDING USES The subject site is surrounded by industrial uses, zoned and guided for industrial. EVALUATION OF REQUEST I. Planned Development Review Planned Development Zoning — The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. 94‘ Planning Report — Clubview Addition August 24, 2004 Page 4 Proposal — The applicant's proposal is not a typical industrial proposal, the proposal is unique and creative in working towards bringing a non - compliant lot into compliance. The applicant is proposing a new office development that will conform to I -1, Limited Industrial standards. The second part of the proposal includes an existing single family residence and contractor's yard; while the residence would not conform to I -1 standards, a contractor's yard is permitted via Conditional Use Permit. The applicant is proposing to enter into a "sunset" agreement with the City in order to continue the use of the single family residence and contractor's yard. The purpose of the agreement is to allow Mr. and Mrs. Max Steininger to live in the existing house and operate the contractor's yard. The applicant is proposing an agreement that would be valid as long as Mr. or Mrs. Steininger own the property and one or both of them remain living there. Staff suggests that once Mr. and/or Mrs. Steininger no longer occupy the residence the site would be required to conform to Limited Industrial standards including removal of the house. The applicant's believe the "approach will allow the Steininger's to remain in their longtime residence while still providing a route to ensure the property becomes conforming." Bulk Standards — as a Planned Development deviation from typical zoning bulk standards may be allowed. Simply for the purpose of discussion this proposal is reviewed under the I -1, Limited Industrial zoning district minimum and maximum standards. Setbacks — The table below indicates the proposed setbacks for the proposed office building and existing contractor's yard and the I -1 standards. Setback requirements are not established in a Planned Development zoning; however, the developer is proposing some deviations from the I -1 standards, future redevelopment could meet the I -1 standards. City policy makers should determine the suitability of the request. Setback Proposed Office Ordinance Proposed Front yard : Lexington Ave 50 feet 50 feet Side yard: 20 feet 20 feet Rear yard: 20 feet 63 feet The existing office /repair building does not meet the side yard setback of 20 feet to the south (18') and to the west is (5'). It is anticipated that this building will be removed upon redevelopment of the site. Building Coverage — The I -1 district allows a maximum of 35 percent building coverage. The proposed office building coverage is about 19 percent. The existing home and contractor's yard buildings have about 4 percent building coverage. Any new development is expected to meet this requirement. Building Height — Building height is limited to 40 feet. All buildings are expected to meet this requirement and should be included in the Final Planned Development. Planning Report — Clubview Addition August 24, 2004 Page 5 Landscaping — A landscape plan was not submitted at the time of application. A landscape plan for the new office building is required for Final Planned Development. Parking — Since new development is only proposed for Lot 1, parking was not reviewed for Lot 2. The required parking setback from Lexington Avenue is 20 feet the proposed plan indicates a 10 foot setback for the parking lot and a 0 foot setback for the private drive aisle in order to save a 100+ year oak. Based on 4,880 square feet of office space, thirty two parking spaces are required. The site plan indicates there are 23 parking stalls provided, with 14 proof of parking. If parking becomes an issue, the proof of parking will be implemented. Trash Enclosure — A trash enclosure was not identified with the site plan. If the trash is not stored inside an enclosure will be required, the materials should match the building. Exterior Materials — The proposed office building will be brick, decorative concrete masonary units, stucco walls, prefinished metal facia and an architectural grade asphalt shingle roof. Architectural drawings will be required with the Final Planned Development. Lighting — A lighting plan was not submitted, as part of the Final Planned Development a lighting plan should be submitted for the new office building. No light should reflect onto adjacent property or public right -of -way. Signage — One sign is proposed for the new office site. The sign is a monument sign that will have a masonary base to match the building. The sign will be less than seven feet tall and no larger than 40 square feet and will identify the buisiness(es) within the building. The sign is consistent with the sign ordinance. Contractor's Yard — Since 1968 a contractor's yard has been functioning at this location. A contractor's yard is allowed in the I -1 district by Conditional Use Permit. The applicant is proposing to continue the use of the contractor's yard as part of the Planned Development, therefore not requiring a Conditional Use Permit. The yard is mainly used for parking /storing excavation equipment. The yard is covered with compacted recycled bituminous paving; it provides a hard low dust surface. Bituminous paving is not a suitable material due to the type of equipment stored. The storage /parking of excavation equipment would be in the southeast corner of Lot 2 and would be present mostly in the off - season months. According to the applicant's narrative, there would be up to 60 pieces of excavation equipment with their buckets, attachments and related equipment. There would be up to 30 trucks, trailers, pickups with related equipment, pipes, steel members, lumber and related material. Staff suggests the applicant supply a Site Plan for Lot 2 identify the location and type of material/equipment to be stored outdoors. The yard will be screened from Lexington Avenue by the new office building and by existing trees and Planning Report — Clubview Addition August 24, 2004 Page 6 landscaping. It is anticipated that when the sunset expires the contractor's yard will be redeveloped. II. Preliminary Subdivision Compatibility with Surrounding Area — Rezoning the property from Agriculture to I -1 Limited Industrial is not only compatible with the surrounding area; it is also compatible with the Comprehensive Guide Plan. Office use and a contractor's yard are both allowed uses in the I -1 zone. The use of the single family residence may not be compatible with the area; it is presented as a temporary use. Lots — The proposed subdivision creates two lots. Lot one will be 31,742 square feet and will contain the new office. Lot two will be 164,275 square feet and will contain the existing house and contractor's yard. The minimum lot area for the I -1 zoning district is 0.5 acres (21,780 square feet), both lots meet this requirement. Grading - The preliminary grading plan is acceptable. The existing site is relatively flat with elevations ranging from approximately 866 to 880. Storm Drainage - The preliminary storm drainage plan is acceptable. A majority of the storm water runoff from the development is proposed to drain via storm sewer to a new storm pond in the northeast corner of the site, adjacent to an existing storm pond built with the Lexington Commons development to the north. Wetlands/Water Quality - This parcel is located in Drainage District "E," which drains to the east toward Thresher Fields Park. Because of the parcel's size, on -site water quality treatment of runoff would be required. The developer is proposing to construct a pond that will address water quality requirements for both lots of the subdivision, even though only Lot 1 is proposed to be developed at this time. Factoring the same percent impervious cover for Lot 2 as is proposed for Lot 1 (approximately 75 percent), the treatment pond would need the following minimum dimensions: wet - storage volume of 0.72 acre -feet and surface area of 0.29 acres. The pond would need a 10 -foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL, and the side slopes below the aquatic bench would be at a 3:1 slope to a maximum depth of 10 feet. Outlet structures must meet City design standards. If future development of Lot 2 exceeds the assumed 75 percent impervious cover, the volume of the treatment pond may need to be expanded. There are no jurisdictional wetlands associated with this development. Utilities - The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main of sufficient size and capacity are available from stubs extended into the site. The new building proposed on Lot 1 will be connected to the City utility system. The existing house and Planning Report — Clubview Addition August 24, 2004 Page 7 buildings on Lot 2 are served by a private septic system and not currently connected to the City sanitary sewer system. As part of the "sunset" agreement, the existing house and buildings, and any new development on Lot 2, should connect to the City sanitary sewer system upon transfer of ownership of Lot 2. Streets/ Access/ Circulation — Public street access is available for the entire site from the signalized intersection of Lexington Avenue (County Road 43) and Clubview Drive, in the northwest corner of the site. Two service drives extending from this intersection are proposed to serve Lots 1 and 2. The service drive to Lot 1 does not meet the 20 -foot setback from public right -of -way as required by City code. The developer has indicated that the deviation is requested to avoid disturbance of significant trees in the northwest corner of the site. As part of a Planned Development the setbacks can vary. This development should dedicate restricted access to Dakota County along the entire west edge of the plat adjacent to Lexington Avenue, except in the area of the intersection of Clubview Drive. Easements/ Permits / Right -of -Way - This development should dedicate public right -of -way along Lexington Avenue as required by Dakota County. The developer should dedicate private ingress/ egress easement across Lot 2 over the private service drive providing for access to Lot 1, in a form acceptable to the City Attorney. Tree Preservation - Tree preservation issues for Clubview Addition will be addressed at the time of building permit application. Parks and Recreation — This site is subject for a cash park and trail dedication. SUMMARY /CONCLUSION The applicant is requesting a rezoning from Agriculture to Planned Development, a Preliminary Subdivision to create 2 lots and a Preliminary Planned Development to allow new construction of an office building and to allow a single family residence and contractor's yard on Lot 2. The sit is currently one 5 acre unplatted parcel containing a single family residence and a contactor's yard that has been in operation since 1968. The applicant is proposing to maintain these uses and add an office building to new Lot 1 with the intention of creating a "sunset" agreement. The "sunset" agreement would be part of the Planned Development agreement and would allow the single family residence and contractor's yard to remain on -site until the current owner Max Steininger and/or his wife no longer live or own the property. Once ownership changes the property is expected to come into compliance with the I -1, Limited Industrial standards, which would require the removal of the single family residence. The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. It is up to City policy makers to determine the suitability of the proposal. The /4v Planning Report — Clubview Addition August 24, 2004 Page 8 majority of the I -1 standards are met with this proposal, the existing building has setback deviations and the new parking lot and private drive aisle also have setback deviations. ACTION TO BE CONSIDERED To recommend approval of a Rezoning of 5 acres from Agriculture to PD, Planned Development, for property located at 3070 Lexington Avenue. To recommend approval of a Preliminary Subdivision (Clubview Addition) to create 2 parcels, containing an existing single family home and contractor's yard and a lot for new development of an office building, for property located at 3070 Lexington Avenue; subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 131, 4, Cl, 2, 4, D1, and El 1. The property shall be platted. 2. This development shall dedicate restricted access to Dakota County along the entire west edge of the plat adjacent to Lexington Avenue, except in the area of the intersection of Clubview Drive. 3. This development shall dedicate public right -of -way along Lexington Avenue as required by Dakota County. 4. The developer shall dedicate private ingress/ egress easement across Lot 2 over the private service drive providing for access to Lot 1, in a form acceptable to the City Attorney. 5. Park and trail dedication shall be satisfied through a cash dedication. 6. Tree preservation issues for Clubview Addition will be addressed at the time of building permit application. 7. An on -site pond should be constructed to treat runoff from an assumed 75 percent eventual impervious cover of the parcel (Lots 1 and 2). The pond should have a minimum wet- storage volume of 0.72 acre -feet and surface area of 0.29 acres. The pond should have a l0 -foot wide • aquatic bench extending from the normal water level (NWL) to one foot below the NWL, and the side slopes below the aquatic bench should be at a 3:1 slope to a maximum depth of 10 feet. Outlet structures must meet City design standards. To recommend approval of a Preliminary Planned Development to allow to an existing single family residence and contractor's yard to continue as is and development of an office building on Lot 1, for property located at 3070 Lexington Avenue. Subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. As part of the "sunset" agreement, once Mr. and/or Mrs. Steininger no longer occupy the home, the existing house shall be removed, existing buildings and any new development on Lot 2, shall connect to the City sanitary sewer system, any well and septic shall be abandoned according to Dakota County standards, at that time. 3. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: /o/ Planning Report — Clubview Addition August 24, 2004 Page9 • Final Site Plan • Final Building Elevations Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 4. The developer shall construct 23 parking stalls and designate "proof of parking" stalls on Lot 1. If parking issues arise the proof of parking stalls shall be constructed. 5. Trash/recycling shall be stored indoors or in an enclosure attached to the office building and constructed of materials that match the principal building. 6. Lot 1 is allowed a monument sign not to exceed seven feet in height and 40 square feet in area. 7. Outdoor storage in the contractor's yard shall be limited to 60 pieces of excavation equipment with buckets, attachments and related equipment. 30 trucks, trailers, pickups and related equipment. And construction supplies including pipes, steel members, lumber and related materials. 8. The applicant shall submit a Site Plan for Lot 2 depicting the location and type of materials /equipment to be stored outdoors. /• STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and 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 City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON FINANCIAL OBLIGATION - Clubview Addition Preliminary Subdivision There are pay -off balances of special assessments totaling $55,944 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. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk (1) C/I $.0475/Sq. Ft. 184,875 Sq. Ft. $8,782 WAC (1) C/I 3,415/Ac 4.24 Ac 14,480 Water Lateral C/I 6.45/F.F. 435 F.F. 2,806 Sanitary Sewer Lateral C/I 24.85/F.F. 90 F.F. 2,236 Sewer Stub C/I 1,380 /Stub 1 Stub 1,380 Total $29,684 (1) Charge will be adjusted when easement area for storm sewer pond is known. to 5- • ' Eagan Boundary Street Centerline L ocation Map F Parcel Area . j Building Footprint ; 7V . 47 % **n7777.. 47.--.2& i . .. ZIFESSEIESEESE - , NI -- . \ Atop, • 7 '][�� °. 0' i. 1 .9 I' jF.isli��2212ir ^mot t m �;� dil VIE vi— r A., cr A . i ," „ iiii is .,.. / / 7�-r�t :BM - :- ,„ - / / i // i -- i , � E] Subject Site a _ - - -. Pf Jan .4gAlZ 13 ,,ca:.....,_ . , vy I i . / ,,,,. ' .• / , 7 ,„. y ©� ....\ a r --r1� ■ 1 I ' m.. - i _ t , „ ,, e,.., •:\ 4,4a ..,7,Z ca APOLLO NOM. ...,„, Vi . , ��' fit t iTh--- % / f .';' ragREgi RE. F.--f3 U ..._fr I i ,, u � tr 4/ r P �+ c �� - 4 k � _ r+ tt'' i;i2d0:1:64:1 1 1 lair 00 Rgk APIR r ..!iii ,,, , , v ,.3,,,,,:;• / • Y H l O r .� J / l C = l9 f P�..'G :-. an 04 . --4.7.,/ l'52 -- IA a, 41 4.4N, maw a 0 h 1000 0 1000 2000 Feet Development/Developer: Max Steininger Application: Rezoning, Prelimina Subdivision, CUP Case No..: 11- RZ- 13 -08 -03 /, // N Map Prepared using ERSI ArcView 3.1. Parcel base map data provided '., - v�a ^ ; < . by Dakota County Office of GIS and Is current as of June 2003. '' *` *�� ='' if THIS MAP IS INTENDED FOR REFERENCE USE ONLY I city OF LTngnn The City of Eagan and Dakota County do not guarantee t he a ccuracy o f this information and are s Current Zoning and Comprehensive Guide Plan Clubview Addition Land Use Map Case No. 11- PS- 16 -08 -03 Zoning Map l E T rl C.- ....... Hv.26 (LO 4C OM: RD.) Current Zoning: Location Ag PD 1-1 Agriculture / , A i a Q 1 -1 1 -1 1 -1 1 -1 600 0 600 1200 Feet !I 1 1 I 1 I I Comprehensive Guide Plan I Land Use Map 411PL- l IND RC tP IND • ri ND _mie C. -.it .026 (LO 0C *AK RD.) Current Land Use Designation: nation: BP ill IVC IND 1 Location 1 IND Limited Industrial / m IND IND IND 600 0 600 1200 Feet t i,_; Parcel base map i o rm/ eunty Land Survey Departmet June 2003. N 3 F Zori ation maintained byCity Staff. City of Eagan t W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S . C:i.. ) 3./ in. :!1:17) tf:ZIA IN 1.:1114 T. 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WW1' • AiNnoo * t fk 'ON avo: — Th _ _ _ _ 1 . . _ — L., I I g cx 1 N,... . T .. ry p t o A 004 RECEII 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124 -7580 (952) 431 -4433 AR T ECTS CLUBVIEW ADDITION & STEININGER DEVELOPMENT NARRATIVE: PROJECT: Max Steininger, Inc. COMM NO: 02006 DATE: August 4, 2004 E ' J I SE O This project consists of updating the zoning of this 5 acre site to Planned Development and creating a subdivision plat of this previously unplatted property into a two lot subdivision. In addition the owner is requesting a Conditional Use Permit for a Contractor's Yard for the existing excavation business that has used the back portion of the site as such for 36 years. Max Steininger Inc. has been an Eagan business successfully operating from this site without complaint since 1968. Zoning The existing property is planned as Industrial in the current Comprehensive Guide Plan for the City of Eagan. The site is currently zoned as Agricultural, which no longer fits it use or the intended use under the Comprehensive Guide Plan. The owner is proposing to rezone the property to Planned Development with the underlying zoning of Il — Limited Industrial district. This will bring the property in line with the adjacent properties on all sides as well as across Lexington Avenue. This zoning classification would immediately bring the new office lot into compliance, with the remaining larger lot holding the Owner's residence and the existing contractor's office and garage. 2 Lot A- would temporarily remain a non - conforming use as the original single family homestead for this former farm property and the existing contractor's office and shop. However, the Owner proposes entering into a "sunset" agreement with the city to continue to use the existing house as the residence of Mr. and Mrs. Max Steininger as long as they continue to own the property and one, or both, of them remain living in the residence. After these conditions no longer are in effect, the property would be developed and / or used only in a manner conforming to the proposed Planned Development. This approach will allow the Steiningers to remain in their longtime residence while still providing a route to ensure the property becomes conforming. Storm Water Drainage The proposed Subdivision currently is part of a storm water drainage system that is sized to handle the quantity of water anticipated upon full development. A large pond on the east side of the adjacent Amoco Subdivision accomplishes this storm water quantity rate control. The new pond on the north side of this property will be sized to address the water quality requirements for both lots of this subdivision. There will be a drainage easement provided in the Subdivision for the water quality pond. P:\PROJECTS \2002 \02006 \TEXT\CITY REVIEW (SITE, CUP)\PROJECT NARRATIVE- 02 .DOC .____._ .- .___._ Of 3 /1/ r Access Access to the Subdivision will be from one location, which would be the existing curb cut at the intersection of Lexington Avenue and Clubview Drive. This access would be continued by two private drives extending from this entry. First there is a road extending to the back of Lot 1 approximately where the current drive extends. This drive will serve the contractor's office / shop as well as the current residence. The second drive will approximately parallel Lexington Avenue extending along the front of Lot 1 over to serve the new Lot 2 with the proposed office building. Utilities Existing water and sanitary piping in Lexington Avenue will serve the Subdivision. New lines will be run to the proposed office building on Lot 2. The existing office / garage building on Lot 1 is currently connected to city water and a the existing septic system will continue to serve its sanitary waste. The residence on Lot 1 is currently served by city water and private septic system. The Owner proposes to maintain these private utilities until the "sunset" provision ends since the septic system is in good condition and future development on that lot would require different sizes and locations of utility piping, neither of which are known at this time. Tree Preservation The survey just completed included a listing of all the qualifying significant trees on the subdivision. There are no trees to be removed for the construction of the office building on Lot 2 nor is there any removal required for the new access drive or pond on Lot 1. Wetland Inventory The site has been reviewed by a qualified wetland professional and has been found to not contain a jurisdictional wetland as indicated in the attached document. Site Plan Review — Office Building The new 6,300 square foot office building shown on Lot 2 is intended to begin this fall for occupancy next summer. The building will be built of all low- maintenance materials such as brick, decorative concrete masonry units, stucco walls, prefinished metal facia and an architectural grade asphalt shingle roof. The attached site plan indicates the layout showing setbacks, proposed building, parking and green space. In addition to the green space shown, 11 of the 35 required parking stalls are indicated as future stalls (Proof of Parking) allowing a greater open area along the east side of the building. The Owner will occupy two- thirds of the proposed building with 8 employees leaving plenty of parking for a small tenant and clients. This office building will connect to city water and sanitary services as shown on the civil drawings and is to be fully landscaped. Landscape plans will be submitted for review along with the building permit for the office building. Storm water drainage will be gathered to a catch basin on the northeast corner of this lot, which will be piped into the new water quality pond described previously. The office building site will include a single ground sign on a masonry base to match the building. This ground sign will be no larger than 40 square feet of signage identifying the business(es) within this building as well as the street address number. The preliminary signage design is indicated in the P PROJECTS\ 2002\ 02006 \TEXT\CITY REVIEW ( SITE, CUP)\PROJECT NARRATIVE- 02 .DOC_ . o f 3 7. submitted plans. Contractor's Yard mil' The current operations of the building on Lot 4 Max Steininger, Inc. — an excavation contractor, includes a contractor's yard on the southeast portion of that lot as indicated on the site plan. This lot has been used by the company since 1968. A Conditional Use Permit is requested for this function. This yard is used for parking of excavation equipment when it is not in use on a jobsite. During the construction season, April through November, there are few if any equipment parked on this yard with quantities increasing during the winter. This yard is covered with compacted recycled bituminous paving similar to other local Contractor's Yards to provide a hard, low dust surface. Due to the metal tracks of some of the excavating equipment, bituminous paving would not be a recommended material for surfacing the yard. Max Steininger, Inc. excavating would park their excavation and construction equipment in the areas noted on the plan. These items would be mostly present in the off - season of December through March and would include up to the following quantities. There would be up to 60 pieces of excavation equipment with their buckets, attachments and related equipment. The storage would also include up to 30 trucks, trailers, pickups with their related equipment. Finally, the Contractor's Yard might contain construction supplies including pipe, steel members, lumber and related materials. The current yard is hardly visible from Lexington Avenue and would be further screened by the new office building and associated landscaping on Lot 2. In addition, the owner is proposing to add landscaping on Lot 1 as indicated on the landscape plan to supplement the screening of the Contractor's Yard. The existing mature trees on the neighboring property to the south blocks any view from the portion of the yard that faces that property. To the knowledge of the Owner, there have been no neighborhood concerns regarding the current use of this portion of the property as a Contractor's Yard and the proposed development will only serve to enhance the current conditions. Dedications The Owner has requested that the park dedication be made in the form of a cash dedication. The Owner has already dedicated towards the trail on the subject property along Lexington Avenue and requests that this previous dedication be used to satisfy their trail dedication requirements. Summary This Planned Development, Subdivision and new office building will be a nice addition to this part of Eagan. All aspects of this proposal will lead to a more consistent property, in line with both the existing development adjoining this site as well as the long -range goals of the City of Eagan as delineated in the Comprehensive Guide Plan. Thank you for your consideration of this project. P I PROJECTS \2002\02006\ TEXT \ CITY REVIEW ( SITE. 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F' i I I 000 17; O — `I I,I 1. — - -- _ g i p — o ° e i : `'€) = — J : 1 — 1 _ p E. e ,1 T a nl °f � E1 1 tl � '� _ i e ..�� of - Y ii if i ' 3fN3/lV ' N019NIX3l , f 1 R p . E v? 1 u t'�. — -- a E - z - 6 1 t \ r, sF f s ,w . 2 —. - .I z°1s -5E1 - 1� ” u {4� � e = �. � 0 2.7 (1,:il 1' J D I 1 /• O OO J J ❑r7 1 U 1 SUNSET AGREEMENT THIS SUNSET AGREEMENT ( "Agreement ") is made this day of , 2004, by and between MAXIMILIAN J. STEININGER and MARY S. STEININGER, husband and wife (hereinafter the "Steiningers "), and the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter the "City "), (collective referred to as the "Parties "). WHEREAS, the Steiningers applied for a preliminary subdivision in a preliminary planned development of the following property located in the City of Eagan, County of Dakota, State of Minnesota: The South 435.60 feet of the North 1197.00 feet of the West 500.00 feet of the West Half of the Northwest Quarter of. Section 11, Township 27, Range 23, Dakota County, Minnesota. Except the west 50.00 feet for highway. (hereinafter the "Property "); and WHEREAS, the Steiningers propose to plat the Property into Lots 1 and 2, Block 1, Clubview Addition; and WHEREAS, the Steiningers currently have a homestead (the "Homestead ") and a contractor's yard located on Lot 2, Block 1, Clubview Addition (the "Homestead Property") and propose to construct on office building on Lot 1, Block 1, Clubview Addition (the "Office Building Property "); and WHEREAS, to access the Office Building Property, the Steiningers propose to construct a temporary frontage road at the location depicted on Exhibit "A;" and WHEREAS, as a condition of the plat approval, the City requires that the Steiningers enter into this Agreement concerning the continued use of the Homestead Property as well as the requirement to reconfigure the temporary frontage road at a later date. 1 /,C NOW, WHEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. OCCUPATION OF HOMESTEAD. The Steiningers may continue to occupy the Homestead on the Homestead Property. Provided that once either Mr. or Mrs. Steininger no longer live in the Homestead, the Homestead shall be removed or razed. In addition, any other buildings. and any new development on the Homestead Property must connect to the City's sanitary sewer system, and any well septic system must be abandoned in accordance with Dakota County standards. 2. RECONFIGURATION OF TEMPORARY FRONTAGE ROAD. Upon the event referenced in paragraph 1 above, the Steiningers must also reconfigure the temporary access road shown on Exhibit "A." Said access road must be constructed pursuant to an access configuration plan approved by the City, in the City's sole discretion. 3. ALLOCATION OF COSTS. The Steiningers shall be responsible for any and all costs associated with the removal of the Homestead as well as the reconfiguration of the temporary frontage road. In the event the Steiningers fail to remove or raze the City may, at the City's option, pursue an action for specific performance of the provisions of paragraphs 1 and 2. In' the event such action is necessary, the Steiningers must reimburse the City for any and all costs incurred in such action, including, but not limited to, reasonable attorneys' fees. 4. PLANNED DEVELOPMENT AMENDMENT. In the event that the Steiningers desire to convert the Homestead to another use, the Steiningers may apply for a planned development amendment which shall be subject to review and approval by the City. Any planned development amendment shall not relieve the Steiningers of the obligation to reconfigure the temporary frontage road described in paragraph 2. 5. BINDING EFFECT. This Agreement shall be recorded with the Dakota County Recorder's Office and shall run with the land and be binding on the Steiningers, their heirs, successors and assigns. 6. ENTIRE AGREEMENT. This is the entire agreement between the Parties hereto relating to the subject matter hereof, and there are no other agreements, representations, promises, warranties or consideration, neither expressed nor implied, other than those expressly set forth herein. In entering into this Agreement, neither party has relied upon any oral representations made or any information given by the other party. No modification of this Agreement shall be effective unless made in writing. 2 //b 7. NOTICES. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to be given when and if sent by certified mail, return receipt requested, postage prepaid, properly addressed as follows, or such other address as may hereafter be designated in writing by either of the Parties: If to the Steiningers: Maximilian J. Steininger and Mary S. Steininger 3070 Lexington Avenue Eagan, MN 55121 With a copy to: Rollin H. Crawford, Esq. LeVander, Gillen & Miller, P.A. 633 South Concord, Suite 400 South St. Paul, MN 55075 If to the City: City of Eagan Planning Department Attn: Michael Ridley, Senior Planner 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147 Street, Suite 600 Apple Valley, MN 55124 8. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. Maximilian J. Steininger Mary S. Steininger 3 / / 2 CITY OF EAGAN, a Minnesota municipal corporation By: Patrick Geagan Its: Mayor By Mira B. McGarvey Its Deputy, Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2004, by Maximilian J. Steininger and Mary S. Steininger, husband and wife. Notary Public STATE OF MINNESOTA) )ss• COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2004, by Pat Geagan and Mira B. McGarvey, the Mayor and Deputy Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 4 (RBB: 206 - 22676) 5 //9 - I (ID 118IHX3 • i'' A,P 14 ' -4 o ea LENNSTON AVE\LE _ r ,- k I - _ _c \.....__ _ _ , . i 11 . f q.-,•-• • , I I 0 .......Til 1 4, T, :k 45, -,,, 1 i 9 i'y p 3 1 14 - ST , k.A.,-,.-„-s,,to , _ 0 4 ' . . (5 C , 11 4.1 CD O _ - -- rn ® e k� ' A'' � , as - M 1 - , 1 co L. . r ;Ili I i ig5. « lc w UM I • po 111. Ui fl y " 9 ' 9 CA t i il ls s , rsi 1 1 vi . ;io * 2 C Cn r I ISIL C 1 )r 0 ..1.- H 5-13..' L A & i • • I t Max Steininger Incorporated ? i t. � Office Building CAIN DDO1 ! --w New O " § a; /C)0 Agenda Information Memo • October 19, 2004 Eagan Economic Development Authority Meeting XI. ECONOMIC DEVELOPMENT AUTHORITY A. CANCELLATION OF EDA MEETING AND CONTINUATION OF ACTION ITEMS ACTION TO BE CONSIDERED: . To cancel the EDA meeting for October 19, 2004 and continue the action items noted to the November 4, 2004 City Council meeting. FACTS: • The action item noted on the agenda continues to be negotiated with the developer and is not in order for consideration at this time. As a part of the adoption of the agenda, it will be noted that there will be no EDA meeting at this time and that pending items will be addressed at the November 4, 2004 EDA meeting. /�/