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02/17/2015 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 17, 2015 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNIZE the service of Administrative Analyst Sonya Rippe for her 17 years working for the City of Eagan B. SWEARING in of Deputy Fire Chief Kip Springer IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE a Contract with Next Generation Consulting for Community Visioning and Authorize a Budget Adjustment from the General Fund Balance E. APPROVE the 2015 City of Eagan Priorities F. APPROVE a Resolution to Accept a Grant from the Eagan Foundation Community Grants Fund G. APPROVE DataBank Master Services Agreement to move existing AccessEagan facilities to DataBank data center H. DIRECT preparation of an ordinance amendment to City Code Chapter 6.38 regarding kennel license regulations I. APPROVE MN Wetland Conservation Act Application — Union Pacific Railroad J. APPROVE Plans & Specifications, Contract 15 -01 (Citywide Street Improvements) and Authorize Advertisement for Bids March 26, 2015 K. APPROVE Plans & Specifications, Contract 15 -02 (Citywide Street Improvements) and Authorize Advertisement for Bids April 2, 2015 L. APPROVE Plans & Specifications for Contract 15 -03 (2015 Citywide Water Quality Improvements), and Authorize Advertisement for Bids March 26, 2015 M. APPROVE Final Payment, Contract 14 -09, Cedar Grove Area Intersection Improvements N. APPROVE Risk Management Services Contract — Public Works Utilities Division O. PROHIBIT Parking on Biscayne Ave (former Gun Club Road to Spruce Street - both sides) P. APPROVE a Joint Powers Agreement with the Department of Natural Resources (DNR) and a City Council Resolution relative to the provision and installation of a fishing pier on Heine Pond and authorize the Mayor to sign both on behalf of the City Q. APPROVE an extension to record the final plat for Stonehaven 8th Addition R. DIRECT Preparation of City Code Amendment Clarifying the Placement of Signs in right -of -way S. SET the February 2015 Advisory Planning Commission meeting to February 23, 2015 T. APPROVE Service Agreement with Lifeworks Service, Inc. for Janitorial Services of our Park Facilities U. APPROVE Service Agreement with Dakota County Sentence to Serve for Park Clean -up V. PUBLIC HEARINGS VI. OLD BUSINESS A. ORDINANCE AMENDMENTS —Ordinance Amendments to Chapters 4, 7, and 10 of the City Code regarding Storm Water Management VII. NEW BUSINESS A. REZONING and PRELIMINARY SUBDIVISION — Case Estates / KJ Walk, Inc. - a Rezoning of approximately 5 acres from A, Agriculture to R -1, Residential Single Family and a Preliminary Subdivision of approximately 5 acres to create 10 single family lots located at 540 Diff ley Road B. PRELIMINARY SUBDIVISION and VARIANCES —Stone Run / Norton Homes, LLC - A Preliminary Subdivision of approximately 4.6 acres to create 8 single family lots, a Variance to the length of the cul -de -sac and a Variance to the maximum street grade located at 4865 Pilot Knob Road VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. AUTHORIZE the President and Executive Director to execute all documents necessary to complete the sale of the property to MHC Cedar Grove L.L.C. D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) Min CLOSED SESSION XIII. ADJOURNMENT City of Eagan Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: FEBRUARY 11, 2015 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 17, 2015 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 17, 2015 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 17, 2015, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Recognize The Service Of Administrative Analyst Sonya Rippe For Her 17 Years Working For The City Of Eagan. Facts:  Sonya began employment with the City of Eagan in April, 1997. Her last day of work is planned for February 19, 2015. Sonya has accepted a position with the City of Plymouth.  Sonya began her career with the City as a seasonal Program Assistant. She was hired as the fulltime Sports Program Supervisor in July 1998. She later became the Recreation Facilities Manager followed by her current position as Administrative Analyst for the Parks & Recreation Department.  Sonya was originally hired by former Recreation Superintendent and current APrC member, Dorothy Peterson. Dorothy remembers, “Sonya came to the City loaded with talent, eager to learn and contribute to the recreational experiences offered to our residents.”  Sonya has been instrumental in developing and maintaining many of the behind the scenes processes and software implementations that allow the Parks and Recreation customers to easily access City services.  She has taken a lead role implementation of the GovQA customer interface. She was recognized for this with an “Every Step of the Way - Efficient” award.  Under Sonya’s watch, countless adults gathered on Eagan fields and facilities to participate in sports leagues.  Sonya has been an active member and volunteer with the Minnesota Recreation and Park Association most notably serving both as member an officer on the Recreation Sports Commission and MRPA Awards Committees.  Sonya has been honored several times by MRPA: o MRPA Presidential Award – 1999 and 2012. o Meritorious Service Award – Three times since 2005. o 2007 Dorothea Nelson Award for outstanding MRPA female professional.  Sonya has always worked hard under any circumstances to provide the citizens of Eagan with the best service possible. She has been a tireless advocate for the City and has helped make Eagan a community that we can all be proud of.  Tonight’s presentation serves as a formal recognition by the Mayor and Council of the 17 years of service Sonya Rippe has provided to the City of Eagan.  A plaque will be presented to Ms. Rippe in honor of this recognition. Attachments: (0) Agenda Information Memo February 17, 2105, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS B. Oath of Office for new Deputy Fire Chief Facts: ➢ Fire Chief Scott will be administering the oath of office to our new Deputy Fire Chief Kip Springer. ➢ This position was vacated recently by Pat Diloia who is retiring after serving the City of Eagan for over 36 years as volunteer firefighter and later as our first full- time Deputy Fire Chief. Pat will be recognized at a future council meeting. ➢ Kip Springer comes to Eagan after serving as the Deputy Fire Chief in Plymouth years with the City of Eden Prairie. Attachments: (0) Agenda Information Memo February 17, 2015 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 February 3, 2015 regular Council meeting as presented or modified. Attachments: (1) CA -1 February 3, 2015 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 3, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was not present. A resident of Eagan address the City Council with his concerns regarding development of The Gates of Eagan apartments. At 6:25 p.m. a closed session was called to discuss labor negotiations. A regular meeting of the Eagan City Council was held on Tuesday, February 3, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was not present at the start of the meeting. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Director of Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted an addition to the Consent Agenda of Item P. – Approve Exempt Permit for the Church of Our Lady of Peace to hold a raffle on February 7, 2015 at Lost Spur Golf and Event Center. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of January 13 and January 27, 2015 special City Council meeting, and January 20, 2015 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of Judy Dretzke, Patrol Officer, and authorize hiring her replacement. 2. It was recommended to accept the resignation of Susan Peterson, PT Clerical Technician IV-Police Records, and authorize hiring her replacement. 3. It was recommended to accept the promotion of Brian Thom, Chief Mechanic/Shop Supervisor, and authorize hiring his replacement. City Council Meeting Minutes February 3, 2015 2 page 4. It was recommended to approve an adjustment to the 2015 compensation of the City Administrator by reducing his car allowance by an additional $794 for the year and offsetting the reduction, and the tax impact of all adjustments on his compensation, by allocating 24.78 hours of vacation to comply with the State's salary camp requirements. 5. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve the check registers dated January 16 and 23, 2015, D. It was recommended to schedule a public hearing for March 3, 2015 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. E. It was recommended to schedule a public hearing for March 3, 2015 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. F. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan High School Drumline Booster Club to conduct a raffle on March 21, 2015 at Eagan High School, 4185 Braddock Trail. G. It was recommended to adopt a resolution approving an Exempt Permit for the Pinewood PTO to conduct a raffle on April 17, 2015 at Pinewood Community School, 4300 Dodd Road, H. It was recommended to adopt a resolution approving a Premise Permit for the Eagan Hockey Association to conduct lawful gambling at Lone Oak Grill, 3010 Eagandale Place. Amendment to Chapter 11 regarding bee keeping. J. It was recommended to authorize submittal of the City's FY 2015 Community Development Block Grant (CDBG) Application and adopt a resolution approving the funding application request. K. It was recommended to approve Change Order No. 6 to Contract 14 -04 (TH 55/149 Safety and Capacity Improvements) and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve the plans and specifications for Contract 15 -06 (2015 City Wells 6, 13, 16 Rehabilitation) and authorize the advertisement for a bid opening to be held at 11:30 a.m. on Thursday, February 26, 2015 at the Utility Building located at 3419 Coachman Point, Eagan, MN 55122, M. It was recommended to approve the plans and specifications for Contract 15 -07 (2015 City- wide Sanitary Sewer Improvements — Project 1182) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, February 26, 2015, at the Utility Building located at 3419 Coachman Point, Eagan, MN 55122. N. It was recommended to award Contract 15 -05 base and alternate bides to MP Nexlevel LLC, Inc. to move existing AccessEagan facilities to DataBank Data center. O. It was recommended to approve a resolution extending the term of the Contract franchise to March 31, 2016. P. It was recommended to adopt a resolution approving an Exempt Permit for the Church of Our Lake of Peace to conduct a raffle on February 7, 2015 at Lost Spur Golf and Event Center, 2750 Sibley Memorial Highway. City Council Meeting Minutes February 3, 2015 3 page PUBLIC HEARINGS Project 1175 — Northwood Parkway & Promenade Avenue Street Improvements City Administrator Osberg introduced the item noting due to a printing error in the Public Notice, the Council directed staff at the January 6, 2015 Public Hearing to re- advertise the Public Hearing and continue the Hearing to the February 3, 2015 City Council meeting. Director of Public Works Matthys introduced the item noting as part of Eagan's Pavement Management Program, the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. Assistant City Engineer Nelson gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1175 (Northwood Parkway and Promenade Avenue — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 Resolution Consenting to the Transfer of the Cable Franchise from Comcast of Minnesota, Inc. to Comcast of Minnesota, LLC., to a Wholly -Owned Subsidiary of Greatland Connections Inc. City Administrator Osberg introduced the item noting with Communications Director Garrison's help and Brian Grogan the City's Cable Franchise Attorney, who assisted the City on cable items, have kept the Council updated on the Cable Franchise on the past year. Brian Grogan, Cable Franchise Attorney, gave a presentation regarding the facts surrounding the proposed transfer resolution and was available for questions. Councilmember Fields arrived at 6:50 p.m. Mike Logan, Director of Government Affairs with Comcast, was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the resolution. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution consenting to the transfer of the cable franchise from Comcast of Minnesota, Inc. to Comcast of Minnesota, LLC, to a wholly -owned subsidiary of Greatland Connections Inc. Aye: 5 Nay: 0 City Council Meeting Minutes February 3, 2015 4 page Project 1174 — Yankee Doodle Road / Promenade Avenue / O'Leary Lane Intersection Improvements City Administrator Osberg introduced the item noting at the December 16, 2014 Council meeting after presentation of the project by the City's consulting engineer, SEH Inc., and Dakota County Transportation staff, the City Council opened the Public Hearing. After testimony by several area property owners and business managers affected by the median closure at O'Leary Lane, the Council requested Dakota County Transportation Department staff to analyze the impacts of a % intersection design at O'Leary Lane and bring this analysis back to the January 20th Council meeting. Osberg noted at the January 20, 2015 City Council meeting, Council further continued the Public Hearing to the February 3rd meeting to allow County Transportation Department staff to be in attendance. Director of Public Works Matthys gave a staff report noting subsequent to the January 12th meeting, Dakota County Transportation staff provided a memo stating the close proximity of the Promenade Avenue and O'Leary Lane intersections does not allow for a proper left turn to accommodate westbound traffic at the new signal and a westbound left turn lane at O'Leary Lane. While conversion to a right -in /right -out intersection at Yankee Doodle Road and O'Leary Lane will affect traffic patterns for traffic entering the O'Leary Lane area from the east, there are several alternative routes available to safely and efficiently accommodate these trips. Matthys noted as part of the improvements the County The Council discussed the intersection improvements. Kristi Sebastian, Traffic Engineer for Dakota County, was available for questions. John Rodeberg, SEH Project Manager, was available for questions. Mayor Maguire opened the public comment. Clint Racine, owner of Culvers, addressed the Council regarding his opposition to the median closure at O'Leary Lane and feels the closure will be detrimental to business, and asked the Council to consider the % intersection. There being no further public comments, he turned the discussion back to the Council. Councilmember Hansen stated it is still premature for us to shut down the possibility of a intersection when the decision ultimately falls on the County Board. Hansen noted the County Board appreciates the interest of the business owners in the area, and if there is a way to work out something in the interim for maintaining a % intersection until Yankee Doodle Road is expanded, we need to consider that. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1174 (Yankee Doodle Road / Promenade Avenue / O'Leary Lane — Intersection Improvements) as presented with the following condition: 1. Modified to include a right -turn lane for eastbound Yankee Doodle Road at O'Leary Lane intersection. and authorize the preparation of detailed plans and specifications for a contract that may be let within 2 years after said approval. Aye: 4 Nay: 1 ( Councilmember Hansen opposed) City Council Meeting Minutes February 3, 2015 5 page NEW BUSINESS Comprehensive Guide Plan Amendment — Wyatt Sharing and Caring / Jim Deanovic — Comprehensive Guide Plan Amendment from OS, Office Service to IND, Limited Industrial located on Lot 1, Block 1, Give of Mary City Administrator Osberg introduced the item noting the action is considering a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area /Office Service to Special Area /Limited Industrial for approximately 33 acres located at 3430 Highway 55. City Planner Ridley gave a staff report. Gary Tushie, Tushie Montgomery Architects and Jim Deanovic, the applicant, were available for questions. Mayor Maguire opened the public comment. John Cina, 3400 Highway 55, address the Council with his concern regarding zoning. There being no further public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area /Office Service to Special Area /Limited Industrial for approximately 33 acres located at 3430 Highway 55. Aye: 5 Nay: 0 The City Council took a 10 minute break. Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development And Preliminary Subdivision — Central Park Commons /CSM Eagan, LLC City Administrator Osberg introduced the item noting in October 2013, CSM Eagan submitted a revised development proposal and requests for rezoning, preliminary planned development and preliminary subdivision. The 2013 proposal was received by the APC on October 22, 2013. The proposal was reviewed and discussed by the City Council at the January 14, 2014 Council workshop, without any action being taken. Osberg noted the proposal was later withdrawn by the applicant prior to any action by the Council at a regular meeting. City Planner Ridley gave a staff report. Attorney Peter Coyle, representing CSM, provided background information and summarized the positive impacts the proposed development would provide the City and how the proposal was consistent with the goals and policies for the area. John Johannson, also representing CSM, introduced the development team and provided general information relative to the planned site demolition and the recycling and re -use of materials generated from the building. He also gave a presentation of the preliminary site plan. City Council Meeting Minutes February 3, 2015 6 page The Council discussed the preliminary site plan. Councilmember Hansen noted that an MVTA bus shelter located on Yankee Doodle and Central Parkway would be appropriate for the site. Mr. Johansson agreed and offered to contribute a concrete sidewalk from the current trail and a pad if there were to be a bus shelter. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Mayor and Council complimented the design and effort made by the CSM team in responding to the Central Commons Special Area goals and policies. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Planned Development to establish an approximately 434,000 s.f. multi - building retail commercial shopping center upon approximately 47 acres located at 3333 Pilot Knob Road, subject to the following conditions: Aye:5 Nay:0 1. A Preliminary Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain the following plans. The following plans shall be revised and submitted as Master • Preliminary Site Plan • Preliminary Building Elevation Plans • Preliminary Landscape Plan • Preliminary Signage Plan • Preliminary Site Lighting Plan • Preliminary Amenities Plan 2. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved master plans for the Preliminary Planned Development. • Final • Final • Final • Final • Final • Final Site Plan Building Elevations Landscape Plan Signage Plan Lighting Plan Amenities Plan 3. The property shall be platted. 4. A Master Association shall be created, or a similar maintenance requirements through an ROEA, in a form acceptable to the City Attorney, for the maintenance of the amenities and shared easement areas in the development. 5. Ingress- egress easements shall be provided to ensure all parcels have access to a public street. Such easements shall be in a form acceptable to the City Attorney. 6. All buildings shall present an attractive appearance on all sides with similar architectural features and materials as the front /entry sides of the buildings. 7. All outdoor dining areas shall be designed and operated consistent with City Code standards. For each outdoor dining area, a detailed patio seating plan should be provided at the time of Final Planned Development. Outdoor patio dining should meet City Code requirements of Sec. 11.70, Subd. 29, with the exception that parking is considered satisfied. City Council Meeting Minutes February 3, 2015 7 page If a patio is within 20 feet of an internal street, bollards to prevent vehicle penetration are acceptable with appropriate sidewalk connection. 8. At the time of application for any on -sale liquor license, the developer shall verify that the licensed premises satisfies the special use setback. 9. Operation and maintenance of the seasonal outdoor sales area, as well as any associated signage, shall be subject to compliance with City Code standards. 10. Detached trash enclosures shall be located as identified on the approved Site Plan, and shall meet the design standards in the City Code, and be constructed of the same finish materials as the principal buildings. 11. All rooftop mechanical equipment shall be depicted on final drawings for Building Permit and compliance with screening standards verified at that time. 12. Cart corrals shall be shown on the Final Site Plan. Cart corrals shall be a permanent installation, and no signage shall be placed on the corrals. All shopping carts shall be collected each day and stored within a building overnight. A storage area for carts shall be provided within the buildings for that purpose. 13. The Final Landscape Plan shall have amended specifications to include a note that the root ball be set flush with grade with the root flare visible 1 -2" above grade. Additionally, the plan shall note mulch shall not be in contact with the trunk of the tree. 14. All landscaped areas shall be provided with automatic irrigation in compliance with City Code requirements. 15.A-financial guaranty-fo r -landscaping-and tree— m- i-tigation -shall-be— provided -at the- time-of Final Subdivision, in accordance with City Code provisions. 16. A blue or other industry standard recycling receptacle shall be placed directly next to all trash receptacles in the common areas of the development. Uniform labels on receptacles and lids will indicate recycling or trash and will specifically identify the types of items accepted in each container. 17. Pedestrian crossings of drive lanes shall be visually and texturally offset through use of a different pavement material. 18. Storage of commercial vehicles integral to the principal use of the property shall be subject to City Code standards, and the designated parking stalls shall be identified on the Site Plan at the time of Final Planned Development. 19. A cohesive consistent design shall be provided for all free - standing signs. 20. On free - standing signs, including the Project Sign- Marquee, tenant panels shall be of same construction design consisting of metal panels backlit with translucent graphics. 21. To establish sign placement, size and design parameters for the development, a Master Signage Agreement shall be provided, with the first Final Planned Development, and identify tenants that will be served by each pylon and /or monument sign. This Master Signage Agreement shall be in a form acceptable to the City Attorney, to be executed and recorded against the property. 22. Except for the Project Sign- Marquee, all monument and pylon signs shall be center identification signs consistent with the design as reflected in the Preliminary Planned Development, with the location depicted on the Master Sign Plan /Agreement. The dimensions of the monuments sign shall be as depicted on the Sign Plan. 23. A final design with a sign panel and indication of overall height shall be provided for the Gateway sign in the northwest corner of the site. 24. Easements shall be dedicated to make certain that the monument improvements are maintained at an appropriate level consistent with the City's established monumentation on Central Parkway. The developer shall enter into an encroachment agreement, in a form City Council Meeting Minutes February 3, 2015 8 page acceptable to the city attorney, to allow for the placement of these monuments within the public right -of -way. 25. A final design plan for the Project Sign - Marquee indicating sign face size and setback location shall be submitted for approval with the first Final Planned Development. Tenant sign identification on the marquee pylon shall be in two complementary earth tone colors, with the tenant's choice of font and letter style. All signs on the structure shall be the same construction design consisting of metal panels backlit with translucent graphics. 26. A final design plan for the monument identification sign at the southwest corner of the site (Monument #5) and for the Entry monument sign at the southeast corner of the site (low Entry monument by Project Sign- Marquee) shall be submitted for approval, and their location and setbacks clearly indicated on the Final Site Plan. 27. All building signage shall be mounted to the building wall within the designated sign band, and placement of signs atop a canopy shall not be permitted. 28. All building signage shall be consistent in design, while accommodating the unique identifiers of individual tenants including colors, script and logos. 29. Building architecture shall be considered prior to sign placement so that sign placement is in keeping with the architectural features of the building. 30. Wall signs within the "Village" area shall not exceed 36" height. 31. Signs displaying message or products shall be subject to City Sign Code standards. 32. Final signage plans shall be provided for all buildings at the time of Final Planned a. Building sign size shall be subject to City Code standards. Endcap tenants in multi - tenant buildings may be allowed signage on up to three elevations, and interior tenants on up to two elevations. Single occupant buildings may be allowed signage on up to three elevations. The sign construction type shall be consistent with other building signage throughout the development. 33. Details on the design and placement of directional signs shall be provided with the Final Planned Development. The directional sign structures shall be located so as not to interfere with visibility, vehicular or pedestrian circulation or snow storage. 34. Buildings elevations shall be submitted for all buildings and the time of Final Planned Development. Buildings for which Preliminary Elevations were not provided shall utilize the same palette of materials and consistent architectural features presented in the Preliminary Schematic Building Elevations, 35. The building sections identified as "tenant trade dress" or similar, shall satisfy City Code standards for quality finish materials, such that the required materials ratios are upheld. Details of the "tenant trade dress" features shall be provided at the time of Final Planned Development for staff review and acceptance. 36. All mechanical equipment, both roof and ground mounted, shall be screened in accordance with City Code standards. All equipment and proposed screening shall be shown and identified on the Final Building Elevations and /or Site Plan drawings at the time of Final Planned Development. 37. All screen walls shall fully screen the truck dock and service areas, and be of a length and height to fully screen any trucks and trailers parked at the docks. 38. New plantings shall be coordinated with existing trees along Central Parkway, subject to approval of the City Forester, 39. Landscaping shall be enhanced along the south side of the development to provide an attractive streetscape and frame views into the site, subject to approval by the City Forester. City Council Meeting Minutes February 3, 2015 9 page 40. The developer shall fulfill tree mitigation requirements through the installation of one - hundred seventy -four (174) Category A trees ( >= 4" caliper deciduous trees or > =12' height coniferous trees). 41. The two Swamp White Oak tree species, which are proposed to be installed in the portion of Central Parkway median that is proposed to be closed off, just north of Quarry Road, shall be revised to Autumn Blaze Red Maple (Acerx freemanii 'Jeffersred') on the Final Tree Mitigation Plan, 42. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 43. The developer shall be responsible to relocate the existing storm sewer the pipe along the northern edge of the site to an alignment acceptable to the City Engineer, and maintain public drainage & utility easement over the existing storm sewer pipe until the relocation is complete. 44. The developer shall be responsible to relocate the existing 10" public trunk water main to an 45. A 20' wide minimum drainage and utility easement, centered on the alignment of the future water main, shall be dedicated with this development. 46. This development shall be required to dedicate an outlot of sufficient size, in a location that meets all Minnesota Department of Health setback requirements for Community Public Water - Supply Wells, public easement and access for the construction and perpetual maintenance of planned above grade City well and transmission line pipes, and conduit for well communications, in accordance with Water Supply & Distribution Plan and City Public Works design standards. The alignment and construction of the raw water transmission lines shall avoid the development's proposed storm water underground infiltration and ponding features, and other utilities. A 20' wide minimum drainage and utility easement, centered on the alignment of the future raw water main, and a drainage and utility easement for the well house conduit that is either 5' wide if provided adjacent to the water main easement, or 10' wide if provided elsewhere, shall be dedicated with this development. 47. The developer shall provide private utility easements and /or maintenance agreements for these proposed private sewer and water lines and future utility lines within the development, in a form acceptable to the City Attorney, at time of final subdivision approval. 48. The plat shall be revised to eliminate drainage and utility easements over all stormwater ponds. 49. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 50. The developer shall provide a plan to be approved by staff including development -owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi - partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. The conduit to the well house can be a single duct. City Council Meeting Minutes February 3, 2015 10 page 51. The developer shall provide private maintenance agreements for the private streets, in a form acceptable to the City Attorney, at time of Final Subdivision approval. 52. "No Parking /Fire lane" signage shall be installed along the private streets and medians within the development to ensure they be kept open for emergency vehicle access. The developer shall provide a plan to be approved by the Fire Department that includes "No Parking /Fire Lane" areas and any possible fire department pull offs. 53. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney, 54. This development shall be responsible for removing the existing driveway entrances not utilized on Central Parkway, installing the associated curb and landscaped medians to close the existing median openings on Central Parkway, and removing the temporary bituminous median on the south end of Central Parkway and replacing it with a permanent concrete median. 55. The development shall be responsible for all driveway and turn lane improvement costs associated with this site. 56. The developer shall obtain all necessary permits from Dakota County for any work within the Pilot Knob Road or Yankee Doodle Road right -of -way. 57. The development shall dedicate additional public right -of -way along Pilot Knob Road (CSAH 31) for future upgrade needs of the roadway, and as determined by Dakota County. 58. The plat shall be revised to dedicate sufficient public right -of -way for a potential future one- 59. The developer shall enter into a trail easement agreement, in a form acceptable to the City Attorney to provide public right -of -way or trail easement of sufficient size for any public trails constructed outside the current right -of -way limits. 60. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and %" Volume Control on the site's impervious surface area. 61. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the City with soil boring logs from a minimum of four soil- borings from the proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and /or construction plans to ensure volume control requirements are fully met. 62. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long -term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 63. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of proposed sub- surface infiltration practice for City review (cross - sections, construction sequencing /protection, sizing /volume tables, details for inlets, proper venting, maintenance access, etc.), to ensure sub - surface infiltration practice is properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 64. During sub - surface infiltration practice over - excavation and sub -soil work, before and during pea -rock backfilling and perforated pipe placement, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration practice area City Council Meeting Minutes February 3, 2015 11 page sub -soils are suitable for a saturated condition infiltration rate of 0.7 -inch per hour or greater. If the sub -soil infiltration rates are less than 0.7 -inch per hour, on which the sub- surface infiltration practice was sized, the developer shall immediately notify the City Engineer and revise the volume control project to ensure volume control requirements are fully met. 65. Before the city issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponds and sub - surface infiltration practice) conform to design and /or construction plans, as approved by the City. As -built volumes (for detention and retention) shall be provided for the ponds and sub- surface infiltration practice. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 66. Park dedication shall be through cash dedication. The amount shall be determined by the retail square footage reflected in the approved plan and recognizing a past dedication credit of 37.5 %, to be satisfied through a cash payment at the time of Final Subdivision at the rates then in effect. 67. Trails dedication shall be satisfied through installation of a trail system along Central Parkway adjacent to the development site, to the satisfaction of the City. Councilmember Hansen moved, Councilmember Fields seconded a motion to implement a Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special Area - Retail Commercial upon approximately 41.2 acres of the site located at 3333 Pilot Knob Road, Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to implement a Comprehensive Land Use Guide Plan Amendment to change the land use designation from Special Area - Major Office, to Special Area — Retail Commercial upon approximately 6.2 acres located in the northwest portion of the site located at 3333 Pilot Knob Road. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning from RD, Research and Development, to PD, Planned Development, upon approximately 47 acres located at 3333 Pilot Knob Road. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Central Park Commons) to create nine lots upon approximately 47.4 acres located at 3333 Pilot Knob Road, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: All B1, B3, Cl, C2, D1, E1, and G1 2. The property shall be platted. 3. A Master Association shall be created, or a similar maintenance requirements through an ROEA, in a form acceptable to the City Attorney, for the maintenance of the amenities and shared easement areas in the development. 4. Ingress- egress easements shall be provided to ensure all parcels have access to a public street. Such easements shall be in a form acceptable to the City Attorney. City Council Meeting Minutes February 3, 2015 12 page 5. All buildings shall present an attractive appearance on all sides with similar architectural features and materials as the front /entry sides of the buildings. 6. All outdoor dining areas shall be designed and operated consistent with City Code standards. For each outdoor dining area, a detailed patio seating plan should be provided at the time of Final Planned Development. Outdoor patio dining should meet City Code requirements of Sec. 11.70, Subd. 29, with the exception that parking is considered satisfied. If a patio is within 20 feet of an internal street, bollards to prevent vehicle penetration are acceptable with appropriate sidewalk connection. 7. At the time of application for any on -sale liquor license, the developer shall verify that the licensed premise satisfies the special use setback. 8. Operation and maintenance of the seasonal outdoor sales area, as well as any associated signage, shall be subject to compliance with City Code standards. 9. Detached trash enclosures shall be located as identified on the approved Site Plan, and shall meet the design standards in the City Code, and be constructed of the same finish materials as the principal buildings. 10. All rooftop mechanical equipment shall be depicted on final drawings for Building Permit and compliance with screening standards verified at that time. 11. Cart corrals shall be shown on the Final Site Plan. Cart corrals shall be a permanent installation, and no signage shall be placed on the corrals. All shopping carts shall be collected each day and stored within a building overnight. A storage area for carts shall be 12. The Final Landscape Plan shall have amended specifications to include a note that the root ball be set flush with grade with the root flare visible 1 -2" above grade. Additionally, the plan shall note mulch shall not be in contact with the trunk of the tree. 13. All landscaped areas shall be provided with automatic irrigation in compliance with City Code requirements. 14. A financial guaranty for landscaping and tree mitigation shall be provided at the time of Final Subdivision, in accordance with City Code provisions. 15. A blue or other industry standard recycling receptacle shall be placed directly next to all trash receptacles in the common areas of the development. Uniform labels on receptacles and lids will indicate recycling or trash and will specifically identify the types of items accepted in each container. 16. Pedestrian crossings of drive lanes shall be visually and texturally offset through use of a different pavement material. 17. Storage of commercial vehicles integral to the principal use of the property shall be subject to City Code standards, and the designated parking stalls shall be identified on the Site Plan at the time of Final Planned Development, 18. A cohesive consistent design shall be provided for all free - standing signs. 19. On free - standing signs, including the Project Sign- Marquee, tenant panels shall be of same construction design consisting of metal panels backlit with translucent graphics. 20. To establish sign placement, size and design parameters for the development, a Master Signage Agreement shall be provided, with the first Final Planned Development, and identify tenants that will be served by each pylon and /or monument sign. This Master Signage Agreement shall be in a form acceptable to the City Attorney, to be executed and recorded against the property. 21. Except for the Project Sign- Marquee, all monument and pylon signs shall be center identification signs consistent with the design as reflected in the Preliminary Planned City Council Meeting Minutes February 3, 2015 13 page 22. Development, with the location depicted on the Master Sign Plan /Agreement. The dimensions of the monument signs shall be as depicted on the Sign Plan. 23. A final design with a sign panel and indication of overall height shall be provided for the Gateway sign in the northwest corner of the site. 24. Easements shall be dedicated to make certain that the monument improvements are maintained at an appropriate level consistent with the City's established monumentation on Central Parkway. The developer shall enter into an encroachment agreement, in a form acceptable to the city attorney, to allow for the placement of these monuments within the public right -of -way. 25. A final design plan for the Project Sign- Marquee indicating sign face size and setback location shall be submitted for approval with the first Final Planned Development. Tenant sign identification on the marquee pylon shall be in two complementary earth tone colors, with the tenant's choice of font and letter style. All signs on the structure shall be the same construction design consisting of metal panels backlit with translucent graphics. 26. A final design plan for the monument identification sign at the southwest corner of the site (Monument #5) and for the Entry monument sign at the southeast corner of the site (low Entry monument by Project Sign- Marquee) shall be submitted for approval, and their location and setbacks clearly indicated on the Final Site Plan. 27. All building signage shall be mounted to the building wall within the designated sign band, and placement of signs atop a canopy shall not be permitted. identifiers of individual tenants including colors, script and logos. 29. Building architecture shall be considered prior to sign placement so that sign placement is in keeping with the architectural features of the building. 30. Wall signs within the "Village" area shall not exceed 36" height. 31. Signs displaying message or products shall be subject to City Sign Code standards. 32. Final signage plans shall be provided for all buildings at the time of Final Planned Development. a. Building sign size, shall be subject to City Code standards. Endcap tenants in multi - tenant buildings may be allowed signage on up to three elevations, and interior tenants on up to two elevations. Single occupant buildings may be allowed signage on up to three elevations. The sign construction type shall be consistent with other building signage throughout the development. 33. Details on the design and placement of directional signs shall be provided with the Final Planned Development. The directional sign structures shall be located so as not to interfere with visibility, vehicular or pedestrian circulation or snow storage. 34. Buildings elevations shall be submitted for all buildings and the time of Final Planned Development. Buildings for which Preliminary Elevations were not provided shall utilize the same palette of materials and consistent architectural features presented in the Preliminary Schematic Building Elevations. 35. The building sections identified as "tenant trade dress" or similar, shall satisfy City Code standards for quality finish materials, such that the required materials ratios are upheld. Details of the "tenant trade dress" features shall be provided at the time of Final Planned Development for staff review and acceptance. 36. All mechanical equipment, both roof and ground mounted, shall be screened in accordance with City Code standards. All equipment and proposed screening shall be shown and identified on the Final Building Elevations and /or Site Plan drawings at the time of Final Planned Development. City Council Meeting Minutes February 3, 2015 14 page 37. All screen walls shall fully screen the truck dock and service areas, and be of a length and height to fully screen any trucks and trailers parked at the docks. 38. New plantings shall be coordinated with existing trees along Central Parkway, subject to approval of the City Forester. 39. Landscaping shall be enhanced along the south side of the development to provide an attractive streetscape and frame views into the site, subject to approval by the City Forester, 40. The developer shall fulfill tree mitigation requirements through the installation of one - hundred seventy -four (174) Category A trees ( >= 4" caliper deciduous trees or > =12' height coniferous trees). 41. The two Swamp White Oak tree species, which are proposed to be installed in the portion of Central Parkway median that is proposed to be closed off, just north of Quarry Road, shall be revised to Autumn Blaze Red Maple (Acerx freemanii 'Jeffersred') on the Final Tree Mitigation Plan. 42. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined 43. The developer shall be responsible to relocate the existing storm sewer the pipe along the northern edge of the site to an alignment acceptable to the City Engineer, and maintain public drainage & utility easement over the existing storm sewer pipe until the relocation is complete. 44. The developer shall be responsible to relocate the existing 10" public trunk water main to an alignment acceptable to the City Engineer. 45. A 20' wide minimum drainage and utility easement, centered on the alignment of the future water main, shall be dedicated with this development. 46. This development shall be required to dedicate an outlot of sufficient size, in a location that meets all Minnesota Department of Health setback requirements for Community Public Water - Supply Wells, public easement and access for the construction and perpetual maintenance of planned above grade City well and transmission line pipes, and conduit for well communications, in accordance with Water Supply & Distribution Plan and City Public Works design standards. The alignment and construction of the raw water transmission lines shall avoid the development's proposed storm water underground infiltration and ponding features, and other utilities. A 20' wide minimum drainage and utility easement, centered on the alignment of the future raw water main, and a drainage and utility easement for the well house conduit that is either 5' wide if provided adjacent to the water main easement, or 10' wide if provided elsewhere, shall be dedicated with this development. 47. The developer shall provide private utility easements and /or maintenance agreements for these proposed private sewer and water lines and future utility lines within the development, in a form acceptable to the City Attorney, at time of final subdivision approval. 48. The plat shall be revised to eliminate drainage and utility easements over all stormwater ponds. City Council Meeting Minutes February 3, 2015 15 page 49. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 50. The developer shall provide a plan to be approved by staff including development -owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi - partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. The conduit to the well house can be a single duct. 51. The developer shall provide private maintenance agreements for the private streets, in a form acceptable to the City Attorney, at time of Final Subdivision approval. 52. "No Parking /Fire lane" signage shall be installed along the private streets and medians within the development to ensure they be kept open for emergency vehicle access. The developer shall provide a plan to be approved by the Fire Department that includes "No Parking /Fire Lane" areas and any possible fire department pull offs. 53. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney. 54. This development shall be responsible for removing the existing driveway entrances not utilized on Central Parkway, installing the associated curb and landscaped medians to close the existing median openings on Central Parkway, and removing the temporary bituminous median on the south end of Central Parkway and replacing it with a permanent concrete median, associated with this site. 56. The developer shall obtain all necessary permits from Dakota County for any work within the Pilot Knob Road or Yankee Doodle Road right -of -way. 57. The development shall dedicate additional public right -of -way along Pilot Knob Road (CSAH 31) for future upgrade needs of the roadway, and as determined by Dakota County, 58. The plat shall be revised to dedicate sufficient public right -of -way for a potential future one - lane roundabout at the intersection of Central Parkway and Quarry Road. 59. The developer shall enter into a trail easement agreement, in a form acceptable to the City Attorney to provide public right -of -way or trail easement of sufficient size for any public trails constructed outside the current right -of -way limits. 60. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and %2" Volume Control on the site's impervious surface area. 61. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the City with soil boring logs from a minimum of four soil- borings from the proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and /or construction plans to ensure volume control requirements are fully met. 62. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long -term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 63. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of proposed sub - surface infiltration practice for City review (cross- City Council Meeting Minutes February 3, 2015 16 page sections, construction sequencing /protection, sizing /volume tables, details for inlets, proper venting, maintenance access, etc.), to ensure sub - surface infiltration practice is properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 64. During sub - surface infiltration practice over - excavation and sub -soil work, before and during pea -rock backfilling and perforated pipe placement, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 0.7 -inch per hour or greater. If the sub -soil infiltration rates are less than 0.7 -inch per hour, on which the sub- surface infiltration practice was sized, the developer shall immediately notify the City Engineer and revise the volume control project to ensure volume control requirements are fully met. 65. Before the city issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponds and sub - surface infiltration practice) conform to design and /or construction plans, as approved by the City. As -built volumes (for detention and retention) shall be provided for the ponds and sub - surface infiltration practice. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer license d-[n­the-State of-M' . 66. Park dedication shall be through cash dedication. The amount shall be determined by the retail square footage reflected in the approved plan and recognizing a past dedication credit of 37.5 %, to be satisfied through a cash payment at the time of Final Subdivision at the rates then in effect. 67. Trails dedication shall be satisfied through installation of a trail system along Central Parkway adjacent to the development site, to the satisfaction of the City. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:20 p.m. Aye: 5 Nay: 0 City Council Meeting Minutes February 3, 2015 17 page VM Mayor City Clerk Agenda Information Memo February 17, 2015 Eagan City Council Meeting CONSENT AGENDA Be Personnel Items Item 1 Action to be Considered: To ratify the labor agreement reached between the City of Eagan and Eagan Police Sergeant's Association, Local 2017. 185 of Law Enforcement Labor Services, Inc. Facts: ➢ The agreement is for the duration of January 1, 2015 through December 31, 2017. ➢ The 2015 wages are consistent with the 2015 adjustment given to the non -union ➢ The majority of voting members of the labor union voted in favor to approve the agreement. ➢ The full contract is available in the City Administrator's Office to be signed by the Mayor, City Administrator and City Clerk. Attachments: (0) Item 2 Action to be Considered: Approve the hiring of Seasonal Employees in Parks & Recreation: Name I Division I Job Title Sobiech, Madelynne Civic Arena Skating Instructor Karlisch, Fred Civic Arena Manager on Duty Agenda Information Memo February 17, 2015 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated January 30 and February 6, 2015 as presented. Attachments: (2) CC -1 Check register dated January 30, 2015 CC -2 Check register dated February 6, 2015 Agenda Information Memo February 17, 2015, Eagan City Council Meeting CONSENT AGENDA D. Approve a Contract with Next Generation Consulting for Community Visioning and Authorize a Budget Adjustment from the General Fund Balance Action To Be Considered: Approve a contract with Next Generation Consulting for community visioning and authorize a budget adjustment from the General Fund balance Facts: ➢ Per the direction of the Council at the January 27, 2015 Goals Retreat, a contract is proposed with Next Generation Consulting to conduct Community Visioning in 2015 (specific timing to be determined). ➢ Next Generation Consulting proposes a process entitled Eagan Forward. The intent of the plan is to create an inclusive, candid process to give Eagan an opportunity to address its challenges, engage new leaders, assess the trends impacting the region, and identify a new vision for the area's current and future residents. ➢ The 2015 Administration department budget is proposed to be amended to include an additional $60,000 in the Professional Services line item (6310). The General Fund balance is the suggested funding source. After utilization of the $60,000, the General Fund balance will still be above the high end (50 %) of the Council's target range. Attachments: (1) CD -1 Next Generation Consulting Visioning Proposal (Including 2015 rates) (a� nest CONTENTS SituationSummary ................................................................................................. ..............................2 Objectives................................................................................................................. ..............................3 WorkPlan ................................................................................................................ ............................4 -5 The Seven Indexes & Community " Handprint" .................................................... ..............................6 YourTeam ................................................................................................................ ..............................7 Timing and Joint Accountabilities ........................................................................ ..............................8 Termsand Conditions ............................................................................................ ..............................9 References and Additional Documentation ....................................................... .............................10 SITUATION SUMMARY Minnesota is changing. Eagan is changing. Baby Boomers, who've provided most of Eagan's recent leadership, are retiring or preparing to retire, A new generation of key leaders are moving into Eagan, ready to lead Eagan to a new era of development and growth. Eagan continues to welcome newcomers, including Latino immigrants and Somali refugees. Their cultural inclusion and assimilation is necessary for the community to prosper. Our proposal is called Eagan Forward. Our plan is to create an inclusive, candid process to ll give Eagan an opportunity to address its challenges, engage new leaders, assess the trends impacting the region, and identify a new vision for the area's current and future residents. OBJECTIVES The objectives for this proposal include: « Eagan will have a renewed vision of itself and a clear, prioritized implementation plan to achieve that vision. This vision and plan will be called Eagan Forward, Eagan Forward will be approved by all key stakeholder groups including Eagan Forward's investors, the city council, prominent business leaders, leaders of the immigrant and refugee communities, young professionals and others. 9 WORK PLAN To meet these objectives, we recommend the following Work Plan: Step #1: Kick Off Meeting This is the official launch of Eagan Forward. It will be conducted via phone or Skype to keep travel costs low for the client. At this kickoff meeting, the Eagan Forward Steering Committee and the Next Generation team will: Share their hopes and concerns for the project Decide which 4 -5 cities will be used as benchmarks for Eagan's "Handprint" (see Step #3 below and the Handprint description on page 6) Step #2: Field Visit - Getting the Lay of the Land including but not limited to: -� Eagan's historian - Investors in Eagan Forward 3 The area's young professionals organization Leaders of the community's immigrant and refugee groups The region's senior citizens Eagan Forward Steering Committee City Council Editorial board of the local news outlets (newspaper, radio, TV) Additional stakeholders, leaders, or influentials identified by Eagan Forward Steering Committee The key areas of inquiry during the field visit will revolve around these questions: What puts Eagan on the map? What historical forces have shaped Eagan, and made it what it is today? s: What have been the most important developments in Eagan in the past 20 years? When you think of citizens who will be alive and living in Eagan in 2040 - perhaps your children or grandchildren - what kind of community do you hope Eagan will be for them? What needs to happen now, to enable that future? �p What does Eagan need to forget, to move forward? 2 Review Vision 2020 and highlight areas of ongoing concern or priority Finalize details for the Field Visit (see Step #2 below) Step #2: Field Visit - Getting the Lay of the Land including but not limited to: -� Eagan's historian - Investors in Eagan Forward 3 The area's young professionals organization Leaders of the community's immigrant and refugee groups The region's senior citizens Eagan Forward Steering Committee City Council Editorial board of the local news outlets (newspaper, radio, TV) Additional stakeholders, leaders, or influentials identified by Eagan Forward Steering Committee The key areas of inquiry during the field visit will revolve around these questions: What puts Eagan on the map? What historical forces have shaped Eagan, and made it what it is today? s: What have been the most important developments in Eagan in the past 20 years? When you think of citizens who will be alive and living in Eagan in 2040 - perhaps your children or grandchildren - what kind of community do you hope Eagan will be for them? What needs to happen now, to enable that future? �p What does Eagan need to forget, to move forward? 2 During this step, we will launch the "One Wish" chalkboards that were used in the Willmar Lakes Area to solicit the public's input on their wishes for the region. Suggested timing: Two consecutive days at a time to be determined. Step #3: Assessing Eagan's Handprint v. Peers In this step, we evaluate Eagan's quality of life compared to 4 -5 benchmark communities in Minnesota and the U.S. Next Generation will use its proprietary handprinting process to determine where Eagan has unique strengths and challenges. (See "Handprint" information on page 6.) Suggested timing: Ongoing, completed in time to be included in Eagan Forward draft plan (Step 5 below.) Step #4: Futuring Workshop ion A: In this option, Next Generation works with community leaders and critical community agents and stakeholders to design an Eagan Forward action plan. During a two - day workshop, we will create a vision statement for Eagan Forward and identify, sort, and prioritize key projects that will deliver this future. Option Be In this option, we host four public community meetings around Eagan, targeting specific groups for attendance. The groups could be geographic, demographic, etc. The purpose of the meetings is to engage a broad cross section of residents. Suggested timing: Two to four consecutive days at a time to be determined Step #5: Draft, Review, and Refine Eagan Forward Following the Futuring Workshop, Next Generation will develop a document that summarizes all the previous findings. During this step, if not before, Next Generation will also confer with other consultants working on local strategic plans, e.g. for the City of Eagan, to ensure that there is no redundancy between plans, but that there is explicit support and cross - referencing. The draft document will be open to stakeholder review and input, and be delivered electronically to the Eagan Forward Steering Committee for distribution at the Roll Out Event (see below.) Suggested timing: Date to be determined 5 Step #6: Eagan Forward Rollout Event Rebecca Ryan of Next Generation will deliver a high energy, engaging keynote to present Eagan Forward to the larger Eagan community. The tone will be one of inclusion, engagement, and excitement. Suggested timing: Date to be determined U The Seven Indexes & Community "Handprint" This page illustrates a sample "Handprint" from Columbus, OH and describes each of the seven indexes within the handprint. The higher a community's score in each index, the greater its quality of life is in that index. Vitality How healthy is Eagan? This index accounts for air and water quality, parks, trails and recreation areas, and the overall wellbeing of the community. Earning Young talent expect to have multiple jobs in their lifetimes and value a community with a breadth and depth of occupational options, plus support for entrepreneurial ventures. Learning How smart is Eagan? Young knowledge workers want to live in communities where education is valued and accessible — for themselves and their children. .e F Social Capital Young professionals value living in diverse communities. This index evaluates Eagan' diversity, its racial profile, inclusion and care of minorities, and its commitment to broad -based young professionals organizations. Cost of Lifestyle Can I afford to live in Eagan? Young talent are normally in the early years of their earning potential and are carrying enormous college debt loads. Affordability is key. This index includes all the variables in the national cost of living index, which includes a roof over the head, food on the table, and a ride to work, plus a few others. After Hours There's more to life than work. This is the index that tallies all the things to do and places to go after five. Around Town This index counts indicators of accessibility. How long will I sit in traffic on the way to work? Can I catch a non -stop flight for work or leisure? Can I get around town on my bike? By foot? How easv is it to qet where you want to lao? 7 Vitality W-3 Vitality fo e� Earning 0 r Earning K� `.0 ®a - Lowning ;p 0 Learning r',) social capital {,¢ 9oclalopplat CO Cost of Lifestyle 3 Q Cost of Lllastylo After Hours After Hours Social capital' Around Town J Around Town : Social Capital Young professionals value living in diverse communities. This index evaluates Eagan' diversity, its racial profile, inclusion and care of minorities, and its commitment to broad -based young professionals organizations. Cost of Lifestyle Can I afford to live in Eagan? Young talent are normally in the early years of their earning potential and are carrying enormous college debt loads. Affordability is key. This index includes all the variables in the national cost of living index, which includes a roof over the head, food on the table, and a ride to work, plus a few others. After Hours There's more to life than work. This is the index that tallies all the things to do and places to go after five. Around Town This index counts indicators of accessibility. How long will I sit in traffic on the way to work? Can I catch a non -stop flight for work or leisure? Can I get around town on my bike? By foot? How easv is it to qet where you want to lao? 7 YOUR TEAM The following people will take an active role in your project. Rebecca Ryan Rebecca will serve as Next Generation's spokesperson, your primary meeting facilitator, and your keynote speaker. Her strengths are engaging and mobilizing stakeholders towards the project's vision. Rebecca is the author of Live First, Work Second: Getting Inside the Head of the Next Generation and ReGENERATION: A Manifesto for America's Future Leaders. Described as a "human spark plug," she is the founder and co -owner of Next Generation Consulting. She is the Resident Futurist at the Alliance for Innovation and a Senior Fellow at CEOs for Cities. She has degrees in Economics and International Relations from Drake University and a certificate in Strategic Foresight from the University of Houston Isa Lisa will help coordinate calendars, meetings and logistics. Lisa is Rebecca's right -hand person who joined the NEXT Generation Consulting team in September 2014 after twelve years at the Greater Madison Chamber of Commerce where she wowed 2,300 members in role as Executive Assistant to the CEO. Marty Honisch Marty will direct all data collection, benchmarking and indexing. Marty played a key role in designing the current edition of the Quality of Life handprint. He will serve as a consultant on this project. Marty's Masters Degree is in Sociology from the University of Florida. TIMING This project could begin as early as March 2015 and is expected to conclude within six months. Timing and completion are based on a variety of factors including schedules, access to stakeholders, partner cooperation, and unforeseen events. In partnership, we agree to the following accountabilities: Next Generation's Accountabilities Next Generation will: adhere to agreed upon deadlines; provide progress reports at agreed upon milestones; be available to members of the Steering Committee for issues as they arise; provide all meeting materials required by the Field Visit and Futuring meeting; provide professional facilitation during all meetings; collaborate with local media and social media next actions as a record for both the Eagan Forward Steering Committee and ourselves. Eagan Forward Steering Committee Accountabilities The Steering Committee will be assembled to provide general oversight to the project. It should include representatives from all agencies that invest in Eagan Forward, plus leaders of key stakeholder groups, e.g, immigrant and refugee groups. The Steering Committee will: provide all information material to this project; provide administrative support and references as needed to schedule meetings with key stakeholders; provide meeting space and meals to meeting participants when needed; and pay in conformance with the terms below. Joint Accountabilities We will both alert each other immediately of anything we learn that may materially affect the success of this project. We will respect each other's confidentiality and proprietary materials and approaches. We will achieve reasonable accommodation for conflicts, unforeseen events, and other priorities. We will act in a spirit of partnership. W] TERMS AND CONDITIONS Your investment for this Work Scope is $49,300 plus travel if Option A (page 5) is selected. Your investment is $59,850 plus travel if Option B (page 5) is selected. Payment Terms If you pay the full fee up front, you will receive a five percent courtesy discount. If you choose to pay in installments, fifty percent is due at the start of the contract, 25% is due after Step 3 and the final 25% is due at the conclusion of the project. If, for any reason, Next Generation Consulting does not fulfill the terms of this contract and an alternate completion plan is not agreed to in writing, you will receive a prorated refund. The prorated refund will be based on an equal distribution of the project fee for each step of the project, i.e, each step is one fifth of the project fee, Therefore, if steps one through four have been completed, but steps five and six have not, you will receive reimbursement for two steps. Expense Reimbursements Expenses will be billed monthly as accrued and are due on presentation of our invoice. Expenses may include: mileage, lodging, food, and related expenses; they will not include fax, copying, phone courier, office support, and related expenses. 10 REFERENCES and ADDITIONAL DOCUMENTATION In 2013, we completed Vision 2040 for the Willmar Lakes Area. The final plan is available at this link: https:// www ,dropbox.com /s /6ncg57xbagagwtx /Vision %202040_November2013.pdf The following clients have agreed to provide a reference for our work: Charlene Stevens, City Manager City of Willmar (320) 235 -4913 cstevens(dwillmarmn.gov Ken Warner, President and CEO Willmar Lakes Area Chamber of Commerce (320) 231 -0272 I <warner(dwillmarareachamber.com Dean Zuleger, City Administrator City of Lake Elmo (651) 233 -5401 dzuleger(dlakeelmo.org Bryan Derreberry, President and CEO Charleston Metro Chamber of Commerce (843) 577 -2510 bderreberyy (dcharlestonchamber.org Agenda Information Memo February 17, 2015, Eagan City Council Meeting CONSENT AGENDA E. Approve the 2015 City of Eagan Priorities Action To Be Considered: Approve the 2015 City of Eagan Priorities. Facts. ➢ The enclosed 2015 City priorities are proposed for approval per the Council's direction at the January 27, 2015 City Council Goals Retreat. ➢ The same priorities as 2014 are proposed to be carried over into 2015. ➢ The priorities are intended to be shared with the public to demonstrate the I<ey focus areas of the City in 2015. Attachments: (1) CE -12015 City of Eagan Priorities 2015 City of Eagan Priorities • Enhance the City's vibrancy and attractiveness to a broad range of cultures, lifestyles, and generations. • Improve the City's physical connections by strengthening the walkability and bike friendliness of routes among retail centers, schools, transit, neighborhoods and parks. • Rerorm the Uitv's sistance Yollcy to enhance the city's ability to pursue City priorities and amenities. an • Encourage partnerships that enhance the community's identity through public art, culture, and historical preservation initiatives. • Strengthen the City's engagement with citizens, and particularly school age youth, to further improve understanding and participation in local government. • Renew the strategic efforts to broaden fiber -optic access and use by Eagan businesses and residents. Agenda Information Memo February 17, 2015 City Council Meeting C4191► 1AiLyrTC1Q17_1 F. Approve A Resolution To Accept A Grant From The Eagan Foundation Community Grants Fund In The Amount Of $525 Toward Exterior Lighting at 1914 Town Hall Action To Be Considered: To approve a resolution to accept a grant from The Eagan Foundation Community Grants Fund In The Amount Of $525 toward Exterior Lighting at 1914 Town Hall. Facts: ➢ On February 3, 2015 The Eagan Historical Society applied for an Eagan Foundation Community Grant to assist with the cost of purchase and installation of exterior lighting at the 1914 Town Hall. ➢ The City of Eagan was notified that they were awarded a grant of $525.00. o Improved visibility of the iconic structure; o Enhanced building security; o Allow for building use during evening hours which has heretofore been problematic. ➢ The estimated cost for the exterior lighting is $7,200. So additional fundraising will be needed to support this enhancement. Attachments: (1) F -1 Resolution CITY OF EAGAN RESOLUTION TO APPROVE A RESOLUTION TO ACCEPT A GRANT FROM THE EAGAN FOUNDATION COMMUNITY GRANTS FUND IN THE AMOUNT OF $525. TOWARD EXTERIOR LIGHTING AT THE HISTORIC 1914 TOWN HALL WHEREAS, The Eagan Historical Society applied for a grant from the Eagan Foundation Connnunity Grant Fund to assist toward the purchase and installation of exterior lighting at the Historic 1914 Town Hall; and WHEREAS, the Eagan Historical Society was notified and accepted a grant in the amount of $525 on February 5, 2015 from the Eagan Foundation NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the Eagan Foundation Community Grant of $525. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL Attest: CERTIFICATION Mayor City Cleric I, Christina M.Scipioni, City Cleric for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6"' day of January, 2015. City Clerk Agenda Information Memo February 17, 2015 Eagan City Council Meeting CONSENT AGENDA G. Approve DataBank Master Services Agreement to move existing AccessEagan facilities to DataBank data center Action To Be Considered. Approve DataBank Master Services Agreement to move existing AccessEagan facilities to DataBank data center. Facts. ➢ This contract is a 36 -month lease of rack space in two separate MMR's (meet - me- rooms) where the City will lease space to house their rack, equipment and fiber cable. The City will lease power, cooling, rack space and innerduct between MMR's as part of the contract. ➢ By moving the City's AccessEagan equipment to Data Bank, the City will gain access to a variety of new service providers not currently on the AccessEagan network that can potentially cross - connect and service Eagan businesses. The existing Fire Safety building had limited ability to accommodate additional carrier rack space. In addition, this provides a new marketing opportunity to leverage service providers not in the Twin Cities market. ➢ The total monthly contract price will be $1,000 per month or $12,000 annually. As part of the contract DataBank has agreed to waive the first 12 months fee and thus the City's first payment of the lease will begin in month 13 of the contract. For the three year contract, the City's cost will be $24,000 to lease rack space and cooling in both MMR's. ➢ AccessEagan had budgeted $15,000 for monthly recurring fees in the 2015 budget. Attachments: (0) To view the Master Services Agreement, please contact the City Administrator's office. Agenda Information Memo February 17, 2015, Eagan City Council Meeting CONSENT AGENDA H. Direct preparation of an ordinance amendment to City Code Chapter 6.38 regarding kennel license regulations Action To Be Considered. To direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 6.38 regarding kennel license regulations. Facts: ➢ The City issues kennel licenses to facilities that house four or more dogs, cats, ferrets, or rabbits or a combination of those animals. ➢ City Code enumerates the requirements for holding a kennel license, one of harboring animals proposed to be kept at the facility. ➢ In practice, the City uses the standards from the Minnesota Board of Animal Health's kennel license regulations to determine if a facility is suitable and proper. The City Attorney has recommended an ordinance amendment to formally reference these standards in City Code. ➢ The proposed ordinance amendment would not add any additional regulations. ➢ Additional information will be provided when the ordinance amendment is brought to Council for consideration. Attachments: (0) Agenda Information Memo February 17, 2015, Eagan City Council Meeting CONSENT AGENDA I. MN Wetland Conservation Act Application Union Pacific Railroad Action To Be Considered: Approve an application from Union Pacific Railroad to replace wetland impacts by withdrawal of Union Pacific Railroad wetland bank credits. Facts: ➢ Minnesota Wetland Conservation Act rules (MN Rules Ch. 8420) provide for the Local Government Unit (LGU) to be responsible for wetland- related decisions. ➢ On March 15, 1994, the City Council adopted Resolution No. 94 -18, officially recognizing responsibility as the LGU within Eagan, delegating authority to staff for several wetland decisions while retaining decision authority for wetland replacement plans and for wetland banking plans. ➢ The City received an application from Union Pacific Railroad for: 1) wetland delineation and type and 2) wetland replacement via banking, as part of a plan to replace an existing 25 -foot long bridge located west of Hwy. 13 about 0.3 mile south of 1 -494. ➢ The purpose of the bridge replacement is to avoid structural failure during continued use. The existing railroad bridge is a 1 -span, steel -beam, with open - deck construction. The replacement structure will consist of three, 60 -in diameter, 55 -ft long corrugated steel pipe culverts located within the current drainage course and supported by rock riprap aprons on the outlet side for scour protection. ➢ The applicant plans to replace 0.04 acre (1,700 ft 2) of shallow -marsh wetland by withdrawing 0.1 acre (4,356 ft 2) of wetland credits it will acquire outside of Eagan. Replacement of the proposed wetland impacts nearby within Eagan is impractical. ➢ Although MN Rules requires such replacement at 2.5 to 1 ratio, the applicant is proposing more than that. ➢ This application has been reviewed by representatives of the Public Works Department (Water Resources) and found to be in order for favorable Council action. Attachments: (1) CI -1 Jan. 14, 2015, Notice of Application Minnesota Wetland Conservation Act Notice of Application Local Government Unit (LGU) Address City of Eagan 3501 Coachman Pt Eagan, MN 55122 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Union Pacific Railroad c/o Chris UPRR Bridge 8.47 Application Number Talley 3830 Pilot Knob Rd, Eagan, MN 55122 12/23/2014 14122306 el check all that ® Wetland Boundary or Type ❑ No -Loss ® Replacement Plan ❑ Exemption ❑ Banking Plan Summary and description of proposed project (attach additional sheets as necessary): ❑ Sequencing Applicant plans to replace existing, 25 -ft long bridge to prevent structural failure during continued use. Bridge is 1 -span, steel -beam, open -deck construction. Replacement structure will consist of three, 60 -in diameter, 55- ft lone corrueated steel pine culverts located within current bridge onenine and supported by rock rinrab apron on outlet side for scour protection. Temporary access road off State Hwy 13 to the bridge location will be created, and temporary staging area will Eagan Municipal Center Building be used 3830 Pilot Knob Rd, Eagan, MN 55122 south of access road. (651) 675 -5300 Applicant is requesting City to approve: 1) Wetland delineation and type by Olsson Associates (Level 1 off - site) of one Type 3, shallow -marsh wetland area and 2) Replacement of 0.04 ac (1,700 ft2) of Type 3, shallow - marsh wetland within approximate 0.3 -ac area in Dakota County at SE % of NW '/a of Sec 4, T27N, R23 W (Bank Service Area #8) by withdrawal of 0.1 ac (4,356 ft2) Type 3 wetland bank credits from Wetland Bank Account # 1175 in Scott County (Bank Service Area #9). MN Rules Ch. 8420.0522 Subd. 4. requires such replacement outside bank service area at 2.5 to 1 ratio. Applicant proposes temporary staging area will result in 0.04 ac (1.551 ft2) of temporary impacts for 30 days. 2. APPLICATION REVIEW AND DECISION Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 3 provide notice that an application was made to the City of Eagan under the Wetland Conservation Act as specified above. A copy of the application is attached. Comments can be submitted to: Naive and Title Eric Macbeth Water Resources Manager Comments must be received by: 4:30 p.m. February 6, 2015 Address Date, time, and location of decision: 3501 Coachman Point February 17, 2015; 6 :30 p.m. Eagan, MN 55122 Eagan Municipal Center Building 3830 Pilot Knob Rd, Eagan, MN 55122 Phone Number and E-mail Address Decision -maker for this application: (651) 675 -5300 ❑ Staff emacbeth cityofea an.com ® City Council "4E� Signature: Date: 1/14/2015 BWSR Forms 11 -25 -09 Page 1 of 2 3. LIST OF ADDRESSEES ® SWCD TEP member: Brian Watson, Dakota County SWCD ® BWSR TEP member: Dennis Rodacker, BWSR ® DNR TEP member: Brooke Haworth, MDNR ❑ WMO: N/A ® Applicant (notice only) and Landowner (if different): Mark McCune, Union Pacific Railroad; Chris Talley, Olsson Associates ❑ Members of the public who requested notice: N/A ® Corps of Engineers Project Manager: Ryan Malterud, USCOE ❑ BWSR Wetland Bank Coordinator: 4. MAILING INFORMATION ➢For a list of BWSR TEP representatives, see: www.bwsr.state.inn,us /contact /WCA areas.p ➢For a list of DNR TEP representatives, see: www,bwsr,state.mn.us /wetlands /wea /DNR TEP_contacts.pdf ➢Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 Birclnnout Beach Rd. 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 Bemidji, MN 56601 For a list of Corps of Project Managers, see: www,mvp.usace.anny.mil /regulatory /default.asp ?pageid =687 or send to: ➢Dept. of the Army, Corps of Engineers, St. Paul District ATTN: CO -R, 190 Fifth Street East St. Paul, MN 55101 -1638 For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St, Paul, MN 55155 5. ATTACHMENTS In addition to the application, list any other attachments: BWSR Forms 11 -25 -09 Page 2 of 2 Please Now Changes 't this application per your requirements are shaimn in red, Additional Attaol°irnetits: Updated. Figure F%5 Wetland Credit: Correspondence A diticsn l Figure F-8 Purchase Agreement for Wetland Ranking Credits Wetland Dellneatlon Summary 6:- This joint application farm is the accepted means for initiating review of proposals that may affect a water resource (wetland, tributary, lake, etc.) in the State of Minnesota under state and federal regulatory programs, Applicants for Minnesota Department of Natural Resources (DNR) Public Waters permits MUST use the MPARS online permitting systems for submitting applications to the DNR, Applicants can use the information entered Into MPARS to substitute for completing parts of this joint application form (see the:paragraph on MPARS at the end of the joint application form instructions for additional information), This form is only applicable to the water resource aspects of proposed projects under state and federal regulatory programs¢ other local applications and approvals may required, Depending on the mature of the project and the location and type of water resources impacted, multiple authorizations may be required as different:rgulatory programs have different types of jurisdiction over different types of resources.. Federal The St. Paul District of the U.S. Army Corps of Engineers (Corps) is the federal agency that regulates discharges of dredged or fill regulates work in navigable waters under Section 10 of the Rivers and Harbors Act. Applications are assigned to Corps project managers who are responsible for implementing the Carps regulatory program within .a ,particular geographic area. State There are three state regulatory programs that regulate activities affecting water resources. The Wetland Conservation Act (INCA) regulates most activities affecting wetlands it is administered by local government units (i,C s) which can be counties, townships, Cities, watershed districts, watershed management: organizations or state agencies (on state -owned land), The Minnesota DNR Division of Ecological and wager Resources issues.permits for work In specially - designated public wagers via the Public Waters Work Permit Program (DNR Public Waters Permits)+ The Minnesota Pollution Control Agency (MPCA) under Section <401 of the Clean Water Act certifies that discharges of dredged or fill material authorized by a federal permit or license comply with state water duality standards. One or more of these regulatory programs may be applicable to any one project. Prior to submitting an application, applicants are strongly encouraged to seek input from the Corps Project Manager and L U.staff to identify regulatory issues and required application materials for their proposed. project. Project proponents can request a prey application consultation with the Corps and tGU to discuss their proposed project by providing the Information required in Sections 1 through S of this joint application forme to facilitate a meaningful discussion about their,project. Many LGUs provide a venue (such as regularly scheduled technical evaluation panel meetings) for potential applicants to discuss their projects with multiple agencies pricer to submitting an application. Contact information is provided below, The following gullets outline the information generally required for several common types of determinations /authorizations. For delineation approvals and /or jurisdictional determiinations, submit Parts 1, 2 and S, and Attachment A. For activities involving CWA /WCA exemptions, WCA no4oss determinations, and activities not requiring mitigation, :submit Parts 1 through S, and Attachment B. For activities requiring compensatory mitigation /replacement plats, submit Parts :l, thru 5, and Attachments C and D, For local road authority activities that qualify for the state's local read trwetiand replacement program, submit Parts 1 through S. and Attachments C, D (if applicable), and E to both the Corps and the I i J. Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 12 Submission instructions Send the completed joint application form and all required attachments to: UOS Army Corps of Engineers. Applications may be sent directly to the appropriate Corps Office, For a current listing of areas of :responsibilities and contact information, visit the St. Paul District's website at i tt www,rr�v ;€asace.arrn .rail € iissiar�; %Regulator rY and select'10innesota" from the contact Information box, Alternatively, applications may be sent directly to the St. Paul District Headquarters and the Carps Will forward them to the appropriate field office. Section 401 water Quality Certification: Applicants do not need to submit the joint application form to the MPCA unless specifically requested. The MPCA will request a copy of the completed joint application farm directly from an applicant when they determine an individual 401 water quality certification is required for a proposed project. Wetland Conservation Act local Government U'nit; Send to the appropriate Local Government Unit, if necessary, contact your county Soil and Water Conservation District (SWCp) office or visit the Board of Water and Soil Resources (BWSR) web site (www.bwsr.state<mn.usj to determine the appropriate [..GU. IDNR Public Waters Permitting; to 2014 the lYNR will begin using the Minnesota DNR Permitting and Reportin 'W g System (MPARS) for submission of Public haters permit applications {i�ttr�s ��webapps� 1.dnr.state.rxan �zs�rrrpars /� l�lic ai�tl�.erFtication tin:). :Applicants for Public haters permits MUST use the MPARS online permitting system for:submitting applications to the DNR. To avoid duplication and to streamline the application process among the various resource agencies, applicants can use the information entered into MPARS to substitute for completing parts of this joint application form, The MPARS print /save function will provide the applicant with a copy of the Public Waters permit application which, at a minimum, will satisfy Parts one and two of this joint application, For certain types of activities, the MPARS application may also provide all of the necessary information required under Parts three and four of the joint application. However, it is the responsibility of the Applicant to make stare that project (see Part four of the.joint application). After confirming that the MPARS application contains all of the required information in parts one and two the Applicant may attach a copy to the joint application and fill In any missing information in the remainder of the joint application. Minnesota interagency Water Resource Application Form February 2014 Page 2 of 1 Project Name and /or Number. UPRR Bridge 8.47: Mankato Sub. 's r If applicant is an entity (company, government entity, partnership, etc,), an authorized contact person must be Identified. if the applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent's contact information must also be provided. A pplicant/Landowner a.- f Ys Railroad Mailing Addresst 1400 Douglas St. STOP 910 Omaha, NE 68179�0 y 402,544.5194 Authorized Contact (do not complete if same as above ), Mailing Address* Phone: E -mail Andress. Agent Name: Neil Wolf Mailing Address. 601 p Street, Suite 200 Phone, 402.458.5673 County, Dakota Parcel ICS and /or Address: City/Township: Eagan Legal Description (Section, Township, Range) w Section 4, Township 27 North, Range 23 West Lat /Long'(decimal degrees }: 44,8569440N / 934178889 V Attach a reap showing the location of the site in relation to local streets, roads,, highways. Approximate size of site (acres) or if a linear project, length (feet): €i 3acres If you know that your proposal will require an individual Permit from the U.S. Army Carps of Engineers, you must provide the naives and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application' for Department of the Army permit which can tie obtained at; htto, www.mM .usace.arrn .ntll Portals 57 ocs re a ator Rate €tfator Ciocs :en forn°i 4345 201aqq. dd If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that Is being proposed, the project purpose and need, and ,schedule for implementation and completion. The project description must fully describe the nature:and scope of the proposed activity Including a description of all project elements that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings shoving the location, character, and dimensions of all proposed activities and aquatic resource impacts. The purpose of this project Is to replace an existing bri Project Name and/or Nurrilter> UPRR Bridge 8.47. Mankato Sub. diameter Corrugated Steel Pare (5p) uulteer °ts, 55 feat long projecting from fill, depressed 1. ? frlot. The culverts: will be lined through the existing bridge opening. Velocities associated with rare flood events warrant stout protection measures. A Mass i� - faint thi s: by 10-foot long rack ripr°ap apron is recommended at the outlet as means of stoat protection. A temporary access road will be created off Minnesota State Highway 1.3 to the bridge location, and a temporary staging area will be used to the south :of the access road. The National Wetlands Inventory Maps shows mapped fresh a,ter emergent wetlands adjacent to Bridge 8,4 7. The Minnesota l >NR males this area as Palustrine Emergent Seasonally Flooded Partially tlraine /Ditch€ (P fvtCo) wetland, Per the Circular 39 wetiand classification system, a desktop review of the project site shows Type 8 iShaliow Marsh) and Type f (Shrub Swamp) wetlandaA located on or near the project boundary, However, the Type :wetiand will be the only wetland class impacted due to the project. According to EEA7ers and Peed the wetland classification key Indicates the wetiand is a Shallow fVitrr alt 13b, As tine wetland is r arnirietf1d by iypha species (SO- 80%) > rfit„ Abolia rundcrrc?cc�r� (20d 50%)t this would likely be a log. =., to me ium- cruality fetland. Ttv desktop review and site photos shove the Type 3 wetland extends tip to the bridge and continues through it (Figure 8' ), The Installation of the Ups will result In 0,04 acres (1Y711f1 square feet) of permanent impacts to the `type 3 wetland. A. temporary causeway will be used during construction to minimize impacts to the surrounding wetlands resulting in 0,036 acres {1,,Yi51 square feet, of temporary impacts to the T'yla e s wet.iarrd,. Jill III 1111 1101111 R. If ;your proposed project involves direct err indirect Impact to an aquatic r€rsource (wetland, ake, tributary, etc.j identify each A mpact in the 'table below, include all anticipated impacts, including those expected to be temporary, Attach an overhead view wrap, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed _ Aquatic Type of Impact Duration of Existing planar County, Major Aquatic Resource (fill, excavate, Impact Overall Size of Watershed , Resource Typo Community il�.(as:noted on drain, or Permanent (P} Size of Irrtpactz Aquatic and Rank overhead view) (wetland, lake, reamove car Temporary Resource' 7Vll in Service area # tributary etc.) Impact Areas vegetation:] (T), Impact impact Area'. Type 3 Wetland Fill P U4 ac N/A Shallow Marsh Dakota, 33 , Type 3 Wetland pill T (3) 0..04 ac N/A Shallow Marsh Dakota, n , s¢ ?if Impacts are temporary; enter the duration of the impacts in days next to the "T ". For example, a project with a temporary access fill that would be removed after 220 days would be entered `T (220)' 2impacts less than. 0.01 acre should be reported in square feet, impacts 0.01 -acre or greater should be reported as acres and rounded to the nearest 0,01 acre. Tributary impacts must be reported In linear feet of impact and on area of impact by indicating first the linear feet of impact along the fiowline of the stream followed by the area Impact in parentheses), For example, a project that impacts 50 feet of a stream that is 6 feat wide would be reported as 50 ft ..(300 square feet). '3This Is generally only applicable if you are applying for a de minions exemption under MN Rules 8420,0420 5ubp. 8, otherwise enter "N /A" 4IJse Wetland Plants and Plant Community Types of Jot innesoto.ond Wisconsin 31s Ed4 as modified in MN Rules 8420;0405 5ubp. 2. sRefer to Major Watershed and Bank Service Area maps in MN Prides 8420ll0522 Subp< T. if any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated with each. n/a purpose. The term "impacr as used in this jointapplicaflon form is a generic term used for disclosure ,K Minnesota Interagency Water Resource Application Form February 2114 Page 4 of 12 Project Name and /or Number: UPRR Bridge 8.47: Mankato Sub, JA* ' • g: ❑ Check here if you are requesting a mA an cation consultation with the Corps and L U based on the Information you have provided, Regulatory entities will not initiate a formal application review if this box is checked, By signature below, 1 attest that th formation in this application is complete and accurate, i further attest that l possess the authority to undertake the work4scribd'd herein, Signature. 9 i [late: I i i hereby authorize tcr"aet'a'ri my behalf as my agent in the processing of this application and to furnish, ?upon request;, supplemental information in support of this application, Minnesota interagency Water Resource Application Form February 2014 Page 5 of 12 ► M #Ti E As 17 By submission of the enclosed wetland delineation report, i am requesting that the U.S. Army Corps of Engineers, St. Paul [district (Corps) and/or the Wetland Conservation Act Local Government Unit (LOU) provide me with the following (check all that apply): Wetland Type Confirmation Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are:ge erally valid for five years unless site conditions change. Under this request alone, the Corps will not address the jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area (including wetlands, tributaries, fakes, etc.). Preliminary Jurisdictional Determination, A preliminary jurisdictional determination (PJD) is a non - minding written indication from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States, For purposes of computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are Jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. jurisdictional waters of the United States are either present or absent on the property..AJDs can generally be relied upon by the affected party for five years. An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LCU to process your request, the wetland delineation must be prepared in accordance with the.1987 Corps of Engineers Wetland fielineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guidelinesf"or Submitting Wetland Delineations In Minnesota (2013). i�t v r ;r ssa e arrC .rraii iss rs €mss lte uiaGor I etirr t €gnJD uid nce s sx Minnesota Interagency Water Resource Application Form February 2014 Page 6 of 12 Project lame and/or Number: uPRR Bridge 8.47: Mankato Sub. CIA +� Complete this part if you maintain that the identified aquatic resource impacts in Part Four do not require wetland replacement/c.ornpensatory mitigation OR if you are seeking verification that the proposed water resource impacts are either exempt from replacement or are not under CWA /WCAjurisdiction. identify the specific exemption or no -loss provision for which you believe your project or site qualifies: Provide a detailed explanation of how your project or site qualifies for the agave. Be specific and :provide and refer to attachments and exhibits that support your contention, Applicants should refer to rules (e.g. WCA rules), guidance documents (e.g+ BWSR guidance, Corps guidance letters /public: notices), and permit conditions (e.g. Carps General Permit conditions) to determine the necessary information to support. the application. Applicants are.strongly encouraged to contact the WCA LGU and Corps Project Manager prior to submitting an application if they are unsure of what type of information to provide: Minnesota interagency water Resource Application Form February 201.4 Page 7 of 12 Project Name and/or Nurnber:.UPRR Bridge 8,47: Mankato Sub, Project Purpose, Need, and Requirements. Clearly state the purpose of your project and need for your project. also include a description of any specific requirements of the project as they relate to:project location, project footprint, water management, and any other applicable requirements. Attach an overhead plait sheet showing all relevant features of the project (bulldings, roads, etc.), aquatic resource features (impact areas noted) and construction details (grading.plans, storm water management plans, etc,), referencing these as necessary: The Purpose of this project is to replace an existing bridge that is eon an and in need cif �eplacerstent, i lie bridge needs to be replaced to prevent structural failure during its continued use. Culverts will be placed through the existing bridge opening to rninirnize permanent impacts and temporary disturbance, Avoidairce of wetland irnlr��cis is not izsacticabtefor this project, but have been minimized to the greatest extent possible. Avoidance. Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist. Clearly describe all on -site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives that avoid all impacts to aquatic resources on the site. These alternatives may include alternative site plans, alternate sites, and/or not doing the project, Alternatives should be feasible and prurient (see MN Rules 842.0,{ 520 Subp. 2 ). ;applicants are encouraged to attach drawings and plans to support their analysis; First alternative is the no -build alternative. This alternative Will result; in the bridge deteriorating further with the possibility of bridge failure in the future. The second alternative is the proposed alternative Irr this application allowing for the construction of three culverts to replace the bridge with the smallest amount of impact to the wetland practicable, Minimization. Bath the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest extent practicable.. Discuss all features of the proposed project that have been modified to minimize the impacts to water resources (see MN Rules 8420.OS20 Subp. 4`); flits project was designed to create the sc aliest footprint practical .in larder to Uinimize impacts to the. wetland, A temporary causeway, approximately 0,036 acres (L551 square feet), will be put into place durin.gconstructlon to minfrolre impacts to the Type 3 wetland located within the project boundarres. There will be 0<04 acres €�t700) of perir�ar)rRttt impacts riLie to tgre Installation of the CSft and assoclated fill between and on top of them. The access road and staging area w�ili be in upland areas,. Any temporary fills mill be removed in their entirety and the aEfocted areas returned to pre ,,construction conditions, l'ire arras affected by temporary frlis /disturbance will be reveg;etateti With native, nonr invasive herbaceous species, as appropriate, OffNSlte.Alternatives, An off -site alternatives analysis is not .required for all permit applications, If you know that your proposal will require an Individual permit (standard permit or letter of permission) from the U.S. Army Carps of Engineers, you may be required to provide an off slte alternatives analysis. The alternatives analysis is not required for a :complete application but must be provided during the review process In order for the Corps to complete the evaluation of your application and reach a final decision. Applicants with questions about when an riff -site alternatives analysis is required should contact their Corps Project Manager, MM Minnesota Interagency Water Resource Application Fora February 2014 rage 8 of 12 i Project Name and /or Number: UPRR Bridge 8.47: Mankato Sub, Attachment Replacement/Compensatory i I tion Complete this part if your application Involves wetland replacement /compensatory mitigation not associated with the local road wetland replacement program. Applicants should consult Corps mitigation guidelines and WCA rules for requirements, Replacement/Compensatory Mitigation via Wetland Banking. Complete this section if you are proposing to use credits from an existing wetland bank (with an account number in the State wetland banking system) for all or part of your replacement /cormpensatory mitigation requirements, Wetland Bank Major Bank Credit Type Account # County Watershed tl Service (if applicably) Number of Credits Area 11 75 ............ . Scutt 33 9 SWC- 01 (4,356 square feel.) Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least a tentative agreement to utilize the identified credits for the project, This documentation could be a signed purchase agreement, signed application for withdrawal of credits or some other correspondence indicating an agreement between. the applicant and the bank owner, However, applicants care advised not to enter into a binding agreement to purchase credits until the mitigation plan is approved by the Carps and L tl, As re uired ley the replacernent standards in in Mid Rule 8470,0522 Subptas t 4, the replacement ratio is 2,5 r€ placement credits for each acre of wetland impacted in areas outside the bank se¢rrit.E area and 2 replacement credits for each acre of wetland imparted in areas within the bank service area, flue to the praler;t being locatio n within the bank service area, the required replacement credits is 0,08 (3,4.85 square feet), The attached correspondeace with roichael Whitt ( ,2,250, 13 ) provides documentation on the projected purchase of Oj credits (4,356 square feet) t fulfill the r itigation requirements for this prtaject; Project- Specific Replacer ent /Permittee Responsible Mitigation, Complete this section if you are proposing to pursue actions (restoration, creation, preservation, etc.) to generate wetland replacement /compensatory mitigation credits for this proposed project. WCA Action Eligible Corps Mitigation Credit rR Credits Major Bank for Credit! Compensation. Acres Requested As €icipated County vtiiat rsd # Service ire Technique Area €i 'Refer to the name and subpart number in MN Rule 842,0 ;0526, 211efer tti the technique listed in 5t. Paul District Policy far WetfandCcrrnpetrsotory Mitigation in Minnesota. 31f WCA and' Corps crediting differs, then enter both numbers and distinguish which is Corps and which is WCA, Explain how each proposed action or technique will be completed (e.g. wetland hydrology will be restored by breaking the tile.,.,..] and how the proposal meets the crediting criteria associated with it. Applicants should rf efer to the Corps rn. Itigation policy language, WCA rule language, and all associated Corps and WCA guidance related to the action or technique; Attach a site location map, soils map, recent aerial photograph, and any other maps to show the location and other relevant features of each wetland replacement /mitigation: site. Discuss in detail existing: vegetation, existing landscape features, land use (on and surrounding the site), existing soils, drainage systems (if present), and water sources and movement. include a topographic neap showing key features related to hydrology and water flow (inlets, outlets, ditches, pumps, etc.): 1 Minnesota interagency Water Resource Application Forms February 2014 gage 9 of 12 �.- .._ Project Name and /or Number: UPRR Bridge 8A7: Mankato Sub. Attach a map of the existing aquatic resources, associated delineation report, and any documentation of regulatory review or approval. Discuss as necessary; For actions involving construction activities, attach construction plans and specifications with all relevant details. Discuss and provide documentation of a hydrologic and hydraulic analysis of the site to define existing conditions, predict project outcomes, Identify specific project performance standards and avoid adverse offslte impacts, flans and specifications should be preparers by a licensed engineer following standard engineering practices. Discuss anticipated construction sequence and timing: For projects involving vegetation restoration, provide a vegetation establishment plan that includes information on site preparation, seed mixes and pliant materials, seeding /planting plan (attach seeding /planting zone map), planting /seeding methods, vegetation maintenance, and an anticipated schedule of activities: For projects involving construction or vegetation restoration, identify and discuss goals and specific outcomes that can be determined for credit allocation. provide a proposed credit allocation table tied to outcomes: Provide a five- year monitoring plan to address project outcomes and credit allocation Discuss and provide evidence of ownership or rights to conduct wetland replacement /mitigation on each site: Quantify all proposed wetland credits and compare to wetland impacts to identify a proposed wetland replacement ratio, discuss how this replacement ratio is consistent: with Corps and WCA requirermenw By signature below:, the applicant attests to the following (only required if application involves project- specific /lserrnittee responsible replacement). 0 All proposed replacement wetlands were not: a Previously restored or created under a prior approved replacement plan or permit O Drained or filled under an exemption during the previous 10 yearn 0 Restored with financial assistance from public conservation programs 0 Restored using private funds, other than landowner funds, unless the funds are paid back with - interest to the individual or organization that funded the restoration and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement.. The wetland will be replaced before or concurrent with the actual draining or filling of a wetland, An irrevocable bank letter of credit, performance bond, or other acceptable security will be provided to guarantee successful completion of the wetland replacement.. Within 30 days of either receiving approval of this application or beginning work on the project, I will record the Declaration of Restrictions and. Covenants on the deed for the property on which the replacement wetlands) will be located and submit proof of such recording to the LGU and the Corps,. ,Applicant or Representative. Title; Signature: Gate: Minnesota Interagency Water Resource Application Form February 2014 Page 10 of 12 Project Name and /or Number: • ! i " i k •- Complete this part if you are a local road! authority (county highway department, city transportation department, etc.) seeking verification that your project (or a portion of your project) qualifies for the Mil Local Government Road Wetland Replacement Program (LGRWRP), if portions of your project are not eligible for the LGRWRP, then Attachment D should be completed and attached to your application. Discuss how your project Is a repair, rehabilitation, reconstruction, or replacement of a currently serviceable road to meet state/federal.de.5ign or safety standards /requirements. Applicants should identify the specific road deficiencies and how the project will rectify them, Attach supporting documents and information as applicable; Provide -a map, plan, and /or aerial photograph accurately depicting wetland boundaries within the project area, Attach associated delineation /determination report or otherwise explain the method(s) used to identify and delineate wetlands. Also attach and discuss any type of review or approval of wetland boundaries or other aspects of the project by a member or members of the local Technical Evaluation Panel (TEP) or Corps of Engineers: In the table belowr, identify only the wetland impacts from Part 4 that the road authority has determined should qualify for the LGRWRP, Wetland Impact 1D (as noted on overhead view) Type of Impact (fill, excavate, drain) Size of impact (square feet or acres to 0401) Existing Plant Community Types) in Irmpact.Area" County, Major Watershed , and Bank Service Area # of Impact? 'Use Kletland Plants and Plant Community Types of Minnesota and .Wisconsin 5" Edx as modified in Mid .Rules 8420.0405 subp. 2. 'Refer to Major Watershed and Bank Service Area traps in MN Rules 8420,0 22 Subp.. 7. Discuss the feasibility of providing onsite compensatory mitigation /replacement for important site- specific wetland functions, Please note that under the IVIN Wetland Conservation Act, projects with -less than 10,000 square feet of wetland impact are allowed to commence prior to submission of this notification so long as the notification is submitted within 30 days of the impact. The Clean Water Act has no such.provision and requires that permits be obtained prior to any regulated discharges into Water of the united States. To avoid potentlai unauthorized activities, road authorities must, at a minimum, provide a complete application to the Corps and :receive a permit prior to commencing work. By signature below, the road authority attests that they have followed the process in MN Rules 8 2b.OS44 and have determined that the wetland impacts identified in Attachment D are eligible for the 1` N Local Government Road Wetland Replacement Program, Road Authority Representative. Title; Signature: Date: Minnesota Interagency Water Resource Application Parris February 2014 Page 11 of 12 Technical Evaluation Panel Concurrence: Project Name and/or Number: TEP member: Representing: Concur with road authority's determination of qualification for the local road wet €acrd replacement program? Yes No Signature. [date: TEP member. Representing, Concur with road authority's determination of qualification for the local road wetland replacement program? E Yes [:]NO Signature. TEP member+ Date.. Representing, Concur with :road authority's determination of qualification for the local road wetland replacement program? [] Yes F] No TEP member. mate: Representing. Concur With road authority's determination of qualification for the local road wetland replacement program? [] Yes No Signature: Date: Upon appr=oval and signature by the TEE, application must be sent to; Wetland Elank Aeir inistratlon 11 I + SIO Lafayette •,a. North Sairit a Minnesota Interagency Water Resource Application Form February 20 q. Page 12 of 12 ��; �, :� . k" Yi:r_ • it i R i y i Methodology Routine Level 1 offwsite Wetland Determination was conducted by t lsson to assess the possibility of wetland impacts in the area. Potential areas of wetlands were identified using United States Geological Survey (USES) 7. 5 minute topographic maps for Dakota County, Minnesota (Figure FA), the United States Fish, and Wildlife Service (USFWS) National Wetland Inventory (NWI) maps, USGS USG National' Hydrography Dataset (NH) and Natural Resource Conservation Service (NR S) digital soil data for Dakota County, Minnesota (Figure 6). The Minnesota Department of Natural Resources (DNR) Wetlands Inventory Map was also used to reference potential wetlands (Figure 7), From these reaps we were able to locate likely soil .types and potential wetlands located within the project alignment_ Site photos were also used in the evaluation. Wetlands USGS topographic snap does not show a blue line in the project area (Figure F -1). The NWI reap indicates the project borders a Paiustrine Emergent Seasonally Flooded (PFM ) wetland ('Figure F�6, Figure Fw7). Per the Circular 39 wetland classification system, it appears that two wetland types occur near the project location. These 'include Type 3 (Shallow Marsh) and Type ( Shrub Swamp). The Type 3 wetland will be the only wetland class impacted due to the project. According to Eggers and Reed, the wetland classification key indicates the wetland is a Shallow Marsh 13b. As the wetland is dominated by Typhe species (508 %) and Phalaris The desktop review and site photos show the Type 3 wetland extends up to the bridge and continues through it (Figure 8). The installation of the CSFs will result in 0,04 acres (1700 square feet) of permanent' impacts to the Type 3 wetland. A temporary causeway will be used during construction to minimize impacts to the surrounding wetlands resulting in 01036 acres (1661 square feet) of temporary impacts to the Type 3 wetland.. Wetland/Upland Transition The transition location is typically between the adjacent (parallel) highway and the rail line, The feature between the highway and rail bridge is a small drainage flowing from the highway culvert to the bridge When the drainage reaches the bridge, It becomes a swale like future through the bridge and then opens up to the Type 3 wetland located (geographic) northwest of the bridge. Vegetation between the highway and bridge appears to be a fescue or bluegrass. The tree corridor appears to be Safix species, Acer species, and Fraxinus species. From: Michael B. Whitt Finailto:mike )whltk_ ,com Senn. Tuesday, December 23, 2014 11.x#1 AM Tee. Chris Talley Subject: Compensatory Wetland Credit Chris, Thank you for your call, Merman Settlement. Wetland Bank (MN #1175) does have Type 3, Shallow Marsh wetland credit available for your project in Dakota County., MN, at a east of $1.10 per square foot plus a 6.S transaction fee levied by the MN Board of Water and Soil Resources, I understand that you are requesting 1/10 of an acre (4,3x6 square feet) at this stage of your project, Costs are included on a draft Some local governments require a:purchase agreement as part of a replacement playa application, Please contact me If you would like to make a final copy of a purchase agreement. Please understand that a purchase agreement would require earnest money before the owners would sign a purchase agreement document for your project. Please call If you have any questions. Happy Holidays, Michael B. Whitt: Whitt Environmental Services m i l�ew itt -es. cs�rn, 612 -250-0131 German Settlement Aletland Bank, Lip 27490 German Road Belle Plaine, Minnesota 56011 Officers: Jane .Br eeggentann, Prestdent; ,Sherty Krenti, 7'r°easurer, Bruce Panning, ,Secretaty Agent., Michaels, VAitt, Professional Weiland scientist, ike wetiarac%idlifeconsultirt coma, 12- 250 -0131 Ricitar d and Sherry Krantz, Randy ldetibur and,Iarte Bt eeggemantt, Panning homily Partnership: husband and wife husband and wife Deborah Hari, Bruce Panning, and Sandra Panning THIS AGREEMENT is made this December 23, 2014 between German Settlement Wetland Bank, LLC (SELLER) and (BUYER). 1. SELLER agrees to sell to BUYER, and BUYER agrees to buy from SELLERthe wetland banking credits (CREDITS) listed in CREDITS TO BE SOLD (below). 2. SELLER represents and warrants as follows: a. The CREDITS are deposited into account 1175m' the Minnesota Wetland Bank administered by the Minnesota. Board of Water and Soil Resources (BWSR) pursuant to Minnesota Rules Chapter 842040700 to 842020760 AND U.S. Army Corps of Engineers, St. Paul District policy, b. SELLER is an account holder in good standing c. SELLER. owns the CREDITS and has the right to sell the CREDITS to the BUYER 3, BUYER will pay a total of $5,566.97 for the CREDITS as follows; a. $500 to be paid to the SELLER. when this agreement is sued:. b. $4;727.20 to be paid to the SELLER on the Closing Date; and c. $339.77 to be paid to the Board of Water and Soil Resources on the Closing Date. 4. The closing of the purchase and sale shall occur on, or before, VIA ITS MAIL Postponement of the Close Bate shall be agreed to by both parties in whiting, and failure to close voids this agreennent . BUYER has applied or will apply to the Local Government Unit *where the wetland impact is proposed to occur, It will be the BUYER'S responsibility to obtain all. necessary approvals and signatures on the form, Application to W thdhmx Welland Credits, and to bring that forth to the closing. .Ifthe LGU has not approved the BUYER'S application for a replacement plan utilizing the CREDITS by tine Closing Date, and no postponement of the Closing Date has been. agreed to by BUYER or SELLER 7n u�titing, then either the BUYER or SELLER may cancel this Agreement' by giving written notice to the other. In this case, the SELLER. will return the BUYER'S earnest money. If the LGU approves the replacement . plan but the BUYER, fails to proceed on the dosing: Date, then the SELLER may retain the earnest morn- ey as liquidated damages, Signature of SELLER Date Signature of BUYER Date Agenda Information Memo February 17, 2015 Eagan City Council Meeting CONSENT AGENDA J. Contract 15 -01, Citywide Street Improvements Action To Be Considered. Approve the plans and specifications for Contract 15 -01 (Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, March 26, 2015. Facts. ➢ Contract 15 -01 provides for the street improvements as outlined and discussed in the respective Feasibility Reports for each of the following projects: o Duckwood Drive (Denmark Ave. to Lexington Ave.) -Project 1159 o Pines Edge 1St - Project 1163 o Thomas Lake Road (Cliff Rd. to Diffley Rd.) - Project 1167 o Wilderness Run Road (Pilot Knob Rd. to Capricorn Ct.) - Project 1170 o Northwood Parkway & Promenade Avenue - Project 1175 ➢ On December 2, 2014, the City Council held public hearings for Projects 1163 and 1164. On December 16, 2014, the City Council held public hearings for Projects 1159, 1167, and 1170. On February 3, 2015, the City Council held a public hearing for Project 1175. The corresponding Council approval of these projects included the authorization of the preparation of detailed plans and specifications for the 2015 construction season. ➢ These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed and are being presented to the City Council for their approval and authorization for the advertisement of bid. ➢ All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. ➢ Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC), as an alternative to the standard low -bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance. ➢ BVC uses the relationship between performance and price to achieve the best overall value and lowest long -term cost for government construction projects. ➢ On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method for the procurement system of public improvement projects for the City. ➢ The BVC method of procurement has been successfully used for numerous previous street and utility improvement contracts since 2008. ➢ The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids in the legal newspaper. All bids will be evaluated in an open and competitive manner. Attachments: (0) Agenda Information Memo February 17, 2015 Eagan City Council Meeting CONSENT AGENDA K. Contract 15 -02, Citywide Street Improvements Action To Be Considered: Approve the plans and specifications for Contract 15 -02 (Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, April 2, 20156 Facts. ➢ Contract 15 -02 provides for the street improvements as outlined and discussed in the respective Feasibility Reports for each of the following projects: o Braun Sunrise - Project 1074 o Cedar Heights - Project 1123 o Cedar Grove 8th - Project 1158 o Mallard Park 3rd & 4th - Project 1162 o Rooney Addition - Project 1165 o St. Charles Wood - Project 1166 o Waters Edge - Project 1168 o Wilderness Run 1St & 3rd - Project 1169 o Community Center Parking Lot & Trail Expansion - Project 1176 ➢ On December 2, 2014, the City Council held public hearings for Projects 1123, 1157, 1166, and 1168. On January 6, 2015, the City Council held public hearings for Projects 1162, 1165, and 1169. The corresponding Council approval of these projects included the authorization of the preparation of detailed plans and specifications for the 2015 construction season. ➢ Project 1176 at the Community Center parking lot was initiated to accommodate pedestrian accessibility and increased parking demand at peak use of the festival grounds. ➢ These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed and are being presented to the City Council for their approval and authorization for the advertisement of bid. ➢ All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC), as an alternative to the standard low -bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance. ➢ BVC uses the relationship between performance and price to achieve the best overall value and lowest long -term cost for government construction projects. ➢ On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method for the procurement system of public improvement projects for the City. ➢ The BVC method of procurement has been successfully used for numerous previous street and utility improvement contracts since 2008. The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids in the legal newspaper. All bids will be evaluated in an open and competitive manner. Attachments: (1) CK -1 Community Center Trail & Parking Lot Improvements Exhibit XO Y $ RA K } h�� rAi. zw 'y'P ray Yi,.�s3✓ .l � ;y�'T[� `axe zA %%ryt i h r t 1x t e n. Jw gG s 4u a c �i i P dv' ry+ K { Mr, MA iT A V l • D i � rt_ Agenda Information Memo February 17, 2015 Eagan City Council Meeting CONSENT AGENDA L. Contract 15 -03, Water Quality Storm Sewer Improvements Action To Be Considered. Approve the plans and specifications for Contract 15 -03 (Citywide Water Quality Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, March 26, 20150 Facts: ➢ On June 3, 2014, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2015 -2019) and authorized the initiation of the public improvement process for the 2015 programmed improvements. ➢ Contract 15 -03 provides for storm sewer improvements in 5 waterbodies (1 lake and 4 storm basins) as identified and approved in the City's 5 -Year CIP (2015- 2019). The improvements are being combined under one contract for economies of scale in the competitive bidding process. ➢ The Engineer's estimate for the proposed water quality improvements is $160,000, which would be funded by the Storm Drainage Renewal and Replacement Fund. ➢ All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. ➢ Project plans and specifications have been completed and are being presented to the City Council for its approval and authorization for the advertisement of bids. An advertisement will be published in the legal newspaper informing contractors of the bid. Attachments: (0) Agenda Information Memo February 17, 2015 Eagan City Council Meeting 14101 1Q-k1 TCWk o = M. Contract 14 -09, Cedar Grove Area Intersection Improvements Action To Be Considered. Approve the final payment for Contract 14 -09 (Cedar Grove Area — Intersection Improvements) in the amount of $16,894.57 to Concrete Idea, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 14 -09 provided for the modification of traffic signals at the intersections of Trunk Highway 13 /Silver Bell Road and Nicols Road /Cedar Grove Parkway /Silver Bell Road, and other miscellaneous improvements as recommended in the Cedar Grove Alternative Urban Areawide Review (AUAR) Plan. The improvements included installation of flashing yellow arrows, modifications to signage, turn lanes, and signal interconnection at these intersections to accommodate existing and anticipated traffic in the area. ➢ 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. Attachments: (0) Agenda Information Memo February 17, 2015 Eagan City Council Meeting 14161k&ualffMtOIibe1 N. Professional Services Contract for Utility Risk Management Program Action To Be Considered. Approve a contract for professional services related to compliance with the US Environmental Protection Agency (EPA) Risk Management Program for both water treatment plants to AssureCo Risk Management and Regulatory Compliance LLC (aka MunicipalH2O), in the amount of $10,500.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Eagan uses liquid chlorine at both its water treatment plants to oxidize certain inorganic metals and control pathogenic bacteria. regulated substance" in the Accidental Release Prevention Program under Section 112(r)(7) of the Clean Air Act. ➢ The US EPA Risk Management Plan (RMP) Rule implements Section 112(r) of the 1990 Clean Air Act amendments. RMP requires facilities that use extremely hazardous substances to develop a Risk Management Plan. These plans must be revised and resubmitted to EPA every five years. ➢ Each facility's RMP program should address three areas: ✓ Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst -case and alternative accidental releases; ✓ Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and ✓ Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g. the fire department), should an accident occur. Each facility's RMP is subject to a random on -site inspection by EPA that could result in financial penalties if the facility's RMP is not in order. ➢ The professional services contract with MunicipalH2O will help staff update the current RMP plans to ensure all RMP regulations are properly addressed and resubmit an updated RMP registration to the US EPA. ➢ The cost of the service is $5,250 per water treatment facility. The cost is addressed in the 2015 Water Budget (Dept. 61) as part of Professional Services (6310). Attachments: (0) Agenda Information Memo February 17, 2015 Eagan City Council Meeting *91>L6"affACU"10 O. Biscayne Avenue - No Parking Action To Be Considered. Approve a resolution to prohibit parking on Biscayne Avenue (former Gun Club Road to Spruce Street on both sides), and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Minnesota Statute 169.32 provides for the local agency enforcement of no- parking on streets where the paved, unobstructed width is 20 feet or less, including street lanes separated by a median, to provide for the free passage of other vehicles. ➢ Biscayne Avenue (from former Gun Club Road to Spruce Street) is a median - divided sides of the median are 19 feet, less than the 20 feet provided for in the statute. The remainder of Biscayne Avenue is undivided. ➢ The prohibition of parking on this segment of Biscayne Avenue will ensure adequate street width for the accessibility of emergency response vehicles and winter maintenance equipment. With the recent construction of a new single - family house at 4905 Biscayne Avenue, the need to enforce these no- parking restrictions is apparent. ➢ The installation of no- parking signs on this portion of Biscayne Avenue will enhance the public's recognition of the need for access and the Police Department's ability to enforce the statute. Attachments: (2) CO -1 Location Map CO -2 Resolution �4 '44< -.. n-�3 N\ II \ Vic-: C �l �V as "aaouae��s 4-j _ ml U) n. !8 U c CD cm C I CITY OF EAGAN A RESOLUTION RELATING TO PARKING RESTRICTIONS ON Biscayne Avenue (Former Gun Club Road to Spruce Street — Both Sides) THIS RESOLUTION, passed this 17th day of February, 2015, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City ", WITNESSETH: WHEREAS, Minnesota Statute 169.32 provides for the "City" enforcement of no- parking on streets where the paved, unobstructed width is 20 feet or less, including street lanes separated by a median, to provide for the free passage of other vehicles; and WHEREAS, Biscayne Avenue (from former Gun Club Road to Spruce Street) in the City of Eagan, Minnesota is a median - divided neighborhood collector street, with lane widths on both sides of the median of 19 feet; and WHEREAS, the installation of no- parking signs on this portion of Biscayne Avenue will enhance the public's recognition of the need for access and the Police Department's ability to enforce the statute. NOW, THEREFORE, IT IS HEREBY RESOLVED that the "City" shall prohibit the parking of motor all times. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 17th day of February, 2015, as disclosed by the records of said City in my possession. Christina M. Scipioni, City Clerk Agenda Information Memo February 17, 2015, Eagan City Council Meeting CONSENT AGENDA P. Approve A Joint Powers Agreement With The Department Of Natural Resources (DNR) And A City Council Resolution Relative To The Provision And Installation Of A Fishing Pier On Heine Pond And Authorize The Mayor To Sign Both On Behalf Of The City. Action To Be Considered: To approve a Joint Powers Agreement between City and the DNR for the provision and installation of a fishing pier on Heine Pond within Heine Pond Park and also the required Resolution confirming City support for the project. Facts: fishing opportunities on lakes and ponds throughout the City, four similar piers have been installed in City parks through the partnership. ➢ Heine Pond has been determined to be a priority for fishing access by both the City and DNR as part of the Fishing in Neighborhood (FiN) program which encourages connection between the public and the natural environment. ➢ City staff would continue to regularly monitor the fishery and coordinate stocking as may be necessary or beneficial. ➢ The DNR agrees to provide the hardware components for the pier to the City, the City agrees to provide the lumber and labor and to coordinate the installation. ➢ Funding for the project has been approved by the Council as part of the 2015 Parks and Recreation Departmental CIP. Attachments: (4) CP -1 Joint Powers Agreement CP -2 Resolution CP -3 General Location Map CP -4 Close -up Location Map The City Attorney has reviewed and approved the Joint Powers Agreement. ➢ An informational letter will be sent to lake neighbors. Attachments: (4) CP -1 Joint Powers Agreement CP -2 Resolution CP -3 General Location Map CP -4 Close -up Location Map CFMS Contract No. STATE OF MINNESOTA JOINT POWERS AGREEMENT This agreement is between the State of Milmesota, acting through its Commissioner of Natural Resources ( "State ") and City of Eagan, ( "Governmental Unit"), Recitals Under Minnesota Statute § 471.59, subdivision 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of a fishing pier on Heine Pond, Eagan, Minnesota and will work jointly with the Governmental Unit under this agreement to meet this objective. Agreement 1 Term of Agreement 1.1 Effective date: February 10, 2015, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: December 31, 2015, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties The State and the Governmental Unit agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement. A. Perform and /or pay for any of the work required to install the fishing pier generally in accordance with the plan sheet dated May 4, 2011, attached hereto as Exhibit A and incorporated herein by reference; B. Perform and /or pay for any of the work required to properly maintain the fishing pier; and co Provide to the State, through the DNR, a copy of the Govermnental Unit's resolution authorizing execution of Agreement. The State shall: A. Purchase the fishing pier components consisting of brackets and floats under a separate requisition; B. Provide the Governmental Unit with the brackets and floats necessary to construct the fishing pier in accordance with Exhibit A; and C. Assist the Govermnental Unit with the installation of the fishing pier. 3 Payment There is no monetary obligation to the State under this agreement. 4 Authorized Representatives The State's Authorized Representative is Timothy J. DeBates, East Metro Area Fisheries Supervisor, or his successor. The Governmental Unit's Authorized Representative is; Juli Seydell Johnson, Parks and Recreation Director, 3830 Pilot Knob Road, Eagan, MN 55122 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assigmnent Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been Joint Powers Agreement (Rev. 07/11) 1 CFMS Contract No. executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Indemnification Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736 and other applicable law. The Governmental Unit's liability shall be governed by Minnesota Statutes Sections 466.01- 466.15, and other applicable law. 7 State Audits Under Minnesota Statute § 16C.05, subdivision 5, the Govermnental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minnesota Statute Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, civil remedies of Minnesota Statute § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Termination 9.1 Termination. The State or the Govermnental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. 9.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. Joint Powers Agreement (Rev. 07/11) 2 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statute §§ 16A.15 and 16C.05. Signed: Date: CFMS Contract No. A- 2. GOVERNMENTAL UNIT By: Title: Mayor. Date: By: Title: City Date: CFMS Contract No, 3, STATE AGENCY BY: (with delegated authority) Title: Date: 4. COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: _ Date: Agency Governmental Unit State's Authorized Representative - Photo Copy Joint Powers Agreement (Rev. 07/11) 3 CITY OF EAGAN RESOLUTION TO APPROVE A RESOLUTION TO PARTNER WITH THE DEPARTMENT OF NATURAL RESOURCES (DNR) THROUGH A JOINT POWERS AGREEMENT AND SUBSEQUENTLY TO RECEIVE FROM THE DNR THE COMPONENTS REQUIRED TO CONSTRUCT AND INSTALL A FISHING PIER ON HEINE POND. WHEREAS, The State of Minnesota (State) and the City of Eagan (City) are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise common powers ; and WHEREAS, the City owns land in Dakota County described as Heine Pond City Park as shown on the attached Exhibit A, and WHEREAS, the State and City have determined that providing a fishing pier on Heine Pond (State Lake I.D. 19 -0153) is of high priority, and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby support the receipt of the hardware components necessary to construct and install a fishing pier Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1701 day of February, 2015, City Clerk Q Y ". f. Y') Agenda Information Memo February 17, 2015, Eagan City Council Meeting CONSENT AGENDA Q. Approve Extension of Final Plat recording — Stonehaven 8t" Addition Action To Be Considered. To approve a 150 -day extension of time to record the Final Plat for Stonehaven Stn Addition. Facts: ➢ The Final Plat was approved November 18, 20140 days of Final Plat approval by the City Council. The 60 days expired January ➢ A letter of request from the applicant is attached explaining the reasons for the extension. ➢ The additional 150 days would extend the deadline for recording to June 17, 2015, Issues: None Attachments: (3) CQ -1 Location Map CQ -2 Final Plat CQ -3 Applicant Extension Letter till _�1 III Ir, �% ®I 11tig ®11 w ° P t• ,dE • lG , P FE I " y �,� k Jr, N a it ! 2 AVMD1 Y d w, c? 14) _ : till _�1 III Ir, �% ®I 11tig ®11 w ° !. f; �Z a) LLo LL o F N M C) O N 00 rp O � (n N J M M< m' a v J 7 ®� L, A a r ! !E !• 0 0 0 °1 0 LO o 1 P t• ,dE • lG , P FE I y �,� k Jr, ! AVMD1 Y d w, c? 14) _ : J O• E , !. f; �Z a) LLo LL o F N M C) O N 00 rp O � (n N J M M< m' a v J 7 ®� L, A a r ! !E !• 0 0 0 °1 0 LO o 1 A 1 ad N Owo0 ARCM HMN 1Y 4-. /0 3S€ ak BE B _ 3,04�602�WS_— 1.15Y3 ANYIN OW MVM LOJJ 00 a 1_I Mod HN 1N11tt 3 NOW zs05 8 RA I 09 s �s �I I $I I I �I I I ' sl I I gl 1 Y I 9�a I a� I �C: I I a2 I sS� € fil /i - I m I L.) 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The Final Plat was approved during the November 18, 2014 City Council meeting. Because we did not close on the purchase of the land prior to the expiration of the 60 day requirement, which is required to finalize the Plat, we are requesting an extension of 150 days to close on the sale of the land and to file the Final Plat with the City. An extension fee of $75 has been submitted to the City and final Mylar and other required within the requested extension period. Sincerely, Michael J. Hoagberg Managing Member Stonehaven Senior Living Developer, LLC MHoagberg@headwatersdevelopment.biz Agenda Information Memo February 17, 2015 Eagan City Council Meeting CONSENT AGENDA R. Direct Preparation of an Ordinance Amendment Clarifying the Placement of Signs in City Street Rights of Way Action to Be Considered. To direct preparation of an Ordinance Amendment to clarify regulations pertaining to the placement of signs in City street right of way. Facts: 0 C 0 The City Code regulates the placement of signs in City street rights of way. Non- commercial signs may be placed in public rights of way provided they are five feet from the back of the curb or one foot behind a sidewalk or trail, where one is present. The intent of the regulations and past enforcement of them has applied to all City streets. The rights of way for County Roads and State Highways are regulated by those entities. The term used in the Code is "local streets ". It was brought to staff's attention that local street is defined elsewhere in the Code to mean City streets other than those classified in the Comprehensive Plan as principal arterial, "A" minor arterial, "B" minor arterial, major collector or minor collector. If the Code were applied in this way, non - commercial signs could only be placed in the rights of way of internal, neighborhood streets that do not have one of those classifications. The ordinance would align the definition of the City streets to which the regulations apply with past practice. Attachments: (0) Agenda Information Memo February 17, 2015, Eagan City Council Meeting CONSENT AGENDA S. Approve February 23, 2015 as the APC meeting date. Actions To Be Considered: To approve a February 23, 2015 as the APC Meeting Date. Facts: ➢ ISD 191 has a referendum scheduled for February 24, 2015 resulting in the prohibition of a municipal public meeting to be held before 8:00 PM on that day. ➢ Rather than move the regular APC meeting start time from 6:30 PM to 8:00 PM at 6:30 PM. ➢ The APC made this decision subsequent to their regular meeting on January 27, 2015. With no other APC meetings scheduled before February 23, the City Council can take this action to set the meeting date. Issues: None Attachments: (0) Agenda Information Memo February 17, 2015, Eagan City Council Meeting CONSENT AGENDA T. Approve The Renewal Of A Contract For 2015 With Lifeworks Services Inc. For The Provision Of Limited Building Janitorial Services. Action To Be Considered: Approve the renewal of a one year contract with Lifeworks Services for the provision of limited janitorial services in designated park buildings, and authorize the Mayor and City Clerk to execute the appropriate documents. Facts: ➢ Lifeworks Services Inc. provides unskilled employment opportunities for physically and mentally challenged adults. ➢ The City of Eagan has contracted annually with Lifeworks Services Inc. for the past 22 years to provide limited janitorial services, on a variable part -time basis, at park buildings designated by City staff. The efforts of Lifeworks Service Inc. are intended to supplement City staff. The not to exceed contract total of $2,000 for 2015 was included in the approved 2015 Parks /Dept. 31 Operational Budget. ➢ Lifeworks Services Inc. provides an on -site supervisor, insurance and assumes liability for its staff. ➢ The contract may be canceled by either party when appropriate notice has been given to the other party. Attachments: (1) CT -1 Lifeworks Services Inc. Service Agreement Exhibit A Work Order Lfiew -0 KS A nt�npresfit Serving peopl v,tith abilitles This Work Order applies to the following Service Agreement between you (the Customer) and us (Lifeworks Services, Inc.). It is made subject to all of the terms and conditions of that agreement, including the General Terms and Conditions (also available online at www.lifeworks.org/ customer - terms /Customer10C23,pdf). Service Agreement: Date: Agreement. No.: 4230 Rev, No.; Customer: City of Eagan Park & Recreation Dept. Work Order Date: 1/1/15 Work Order No.: 1501 Work Order Title Park Building Maintenance Customer Contact: Paul Graham Quoted by: Timothy Dunn Scope of Tasks: General tasks include: Work: Clean bathrooms. • Vacuum floor. • Take out trash. • Clean drinking fou • Clean inside of windows, dust and wipe down tables as time allows. See attached Facility Maintenance Checklist for more information on specific tasks and quality standards Start date: 1/1/15 End date: 12/31/15 (unless extended by mutual agreement between you and us) Location: City of Eagan Parks buildings Equipment: City of Eagan will provide all necessary cleaning equipment and supplies. Lifeworks will notify Eagan Parks Department when more supplies are needed and pick up the supplies at the Eagan maintenance facility. Work Mutually agreed upon days and hours. Schedule: Personnel: The tasks covered by this Work Various Lifeworks personnel Order will be performed by the following Lifeworks personnel, or replacements reasonably acceptable to you: Fees: $10.80 per hour Minimum wage to $12.15 on July 1, 2015 Annual Budget not to exceed $2000.00 Security City of Eagan Parks & Recreation will provide keys for access to buildings. access: Additional terms and conditions: Lifeworks Services, Inc. 12965 Lone Oak Drive, Suite 160 1 Eagan, MN 55121 Exhibit A Work Order City of Eagan Park & Recreation Dept. Customer name By Signature of authorized representative /Mayor Name, printed or typed Date City of Eagan Park & Recreation Dept. Customer name a F. Signature of City Clerk Name, printed or typed Lfiewor,ma A nonprofit serving. people with disabilitles Lifeworks Services, Inc. am 1170 Signature of authorized representative Name, printed or typed Lifeworks Services, Inc. 12965 Lone Oak Drive, Suite 160 1 Eagan, MN 55121 Agenda Information Memo February 17, 2015, Eagan City Council Meeting CONSENT AGENDA U. Approve The Renewal Of A Contract With Dakota County For The Provision Of Sentence To Service Work Crews. Action To Be Considered. Approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews in 2015 and authorize the Mayor and City Clerk to execute the appropriate documents on behalf of the City. Facts. ➢ Dakota County will provide a work crew of 5 -10 non -risk criminal offenders who have been assigned community service, and a supervisor, for a minimum of 40 ➢ The City has utilized the services of the County Sentence to Service Program for approximately 24 years. ➢ The County provides supervision, transportation and insurance for all work crew members and assumes all liabilities. ➢ The City will utilize the work crews to complete labor intensive non - skilled tasks that may include park clean ups, bridge and trail sweeping, brush clearing, painting hockey rinks and routine landscape projects. ➢ The total not to exceed cost for the year is set at $17,702 ($442.55 per crew day), the amount is included in the approved 2015 Parks /Dept 31 Operating Budget. Attachments: (1) CU -1 Dakota County Sentence to Service Agreement JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF EAGAN FOR SENTENCE TO SERVICE PROGRAM WORK CREWS AGREEMENT PERIOD: 111/2016- 12/31/20115 This Agreement is made and entered into between the Dakota County, by and through the Community Corrections Department, hereinafter "County" and the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, hereinafter "City ". WHEREAS, the County and the City are governmental units as that term is defined in Minn. Stat. § 471.59; and WHEREAS, under Minn, Stat. § 471.59, subd, 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, the City desires the services of the Sentence to Service Program work crews; and WHEREAS, the County operates the Sentence to Service Program by providing work crews of non - dangerous criminal offenders plus a supervisor to perform unskilled labor; and WHEREAS, The City will pay Dakota County a total amount of $17,702,00 at a rate of $442,55 per day for 40 guaranteed work crew days pursuant to the terms of this Agreement; and WHEREAS, the Dakota County Board of Commissioners by Resolution Number 15 -005 authorized the County to enter Into an agreement with the City for Sentence to Service work crews, Now, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. UENERAL. PROVISIONS. 1.1 Purpose, The purpose of this Agreement is to define the rights and obligations of the County and City with respect to Sentence to Service ( "STS ") work crews. 1.2 Cooperation, The County and City shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner, City and County liaisons will meet at least twice annually and more frequently if necessary to discuss issues related to the STS program, 1,3 Term, The term of this Agreement shall be from January 1, 2015 to and including December 31, 2015, regardless of the date of signatures hereunder, unless earlier terminated by law or according to the provisions herein, 1.4 Definitions. a) Work Crew, .A work crew shall consist of a,Crew leader and a crew of five to ten workers. The Crew.leader shall oversee and be in charge of the work crew, b) Work Crew Days. An STS work crew day shall consist of seven hours, less a thirty minutes lunch break, between the hours of 8:00 am and 3:00 pm. A work crew may be discharged earlier at the discretion of the City supervisor. 2. CITY'S RIGHTS AND OBLIGATIONS, 2.1 General Descri Lion. City shall receive STS work crews for 40 crew days. The specific days to be worked and the work to be performed shall be determined at least thirty days in advance of the work by the City and County. 2.2. Total Cost. The total amount to be paid by the City pursuant to this Agreement shall not exceed $17,702.00. The County will invoice the City for actual crew days worked up to 40 days at a cost of $442.55 per day. The City agrees to pay the County $8,851.00 no later than May 15, 2015 and shall pay the remaining $8,851.00 no later than October 1, 2015, ks14w380 -3.doc Page 1 Custom z.3 Work Projects. The City will provide work projects requiring unskilled labor such as light construction or landscaping, and any specialized equipment needed for the work. Each work project will be reduced to writing and provided to the Crew leader before work commences. A work project will be concluded when a City representative and the Crew leader sign off that work has been satisfactorily completed. 294 Crew. Workcrew members are not employees of the City or the County as specified in Minn. Stat. § 3,739. 34 COUNTY'S RIGHTS AND OBLIGATIONS, 3AP General Description, The County will; • Provide STS work crews for the City pursuant to this Agreement, • Designate a person as the County's representative with respect to the City's services to be performed under this Agreement. Such person shall have complete authority to transmit Instructions, receive information, Interpret and define the County's policies and decisions with respect to services covered by this Agreement, 32 'Pa men . - The County will submit Invoices to the City for payment by the City. 3.3 Work Projects, The County, through its Contractor, General Security Services Corporation, shall equip work crews with some hand tools. 3.4 Other Work, The County may, at its discretion, offer the City the opportunity to use more than 40 crew days per year without additional cost to City if additional days are available. 4. LIABLE FOR OWN ACTS. 4.1 Each party to this Agreement shall be liable for the acts of its own officers, employees and agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of another party, its officers, employees and /or agents, It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch..466,..and. otheer.. applicable laws govern. liability .arising from a..party's acts or omissions. Each Party warrants that it has an insurance or self- insurance program that has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 4.2 Any and all work crew members engaged in the aforesaid work to be performed by the County shall not be considered employees of City and any and all claims that may or might arise under the Workers' Compensation Act of this state on behalf of the work crew members while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the work members while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of City but shall be determined as provided In Minn. Stat. § 3.739. The County shall not be responsible under the Workers' Compensation Act for any employees of City. 54 FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon- as possible, Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 6. TERMINATION, 641 Good Cause. If either party fails to fulfill its obligations under this Agreement, such failure shall be considered good cause to terminate this Agreement on seven days' notice by the other party, 6.2 With or Without Cause. This Agreement may be terminated with or without cause, by the County or City upon thirty (30) days written notice. ks14-380,3.doc Page 2 Custom �r 6,3 Effect of Termination. Termination of this Agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of.or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination. All STS work crews prepaid by the City shall be refunded to the City if the same are not used, 6.4 Termination by County - Lack of Funding. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be continued at a level sufficient to perform the services anticipated by this Agreement. Written Notice of Termination sent by the County to the City by facsimile is sufficient notice under the terms of this Agreement, The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. 7. DAMAGES. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a. remedy hereunder, 8. REPRESENTATIVE, Liaison. To assist the parties in the day -to -day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the City and the County, The parties shall keep each other continually informed, in writing, of any change in the designated liaison. In addition, the City shall inform the County of any changes to City's address, phone number(s), e-mail address(es), and any other contact changes. At the time of execution of this Agreement the following persons are the designated liaisons: City Liaison: Paul Olson Superintendent of Parks 3501 Coachman Road Eagan., ,MN 55122... Phone Number: 651 -675 -5300 9. MODIFICATIONS, 09 Chris Cornell Community Corrections Supervisor Phone Number: 651 438 -8336 Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by Authorized Representatives of the County and City, 10. COMPLIANCE WITH LAWS/STANDARDS, 101 Minnesota Law to Govern, This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota. 10.2 City agrees to abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this contract or other facilities, programs and staff for which it is responsible. 114 SEVERABILITY, 11,1 The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of ,the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. ks14- 380 -3.doc Page 3 Custom 12. MERGER. 12.1 This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below: Approved by Dakota County Board COUNTY OF DAKOTA Resolution No, 15 -005 By Kelly Harder Appro ed as to form: Title Community ' Date of Signature Assis nf County Attorney/Date File No, KS -14- 380 -003 Services Director CITY OF EAGAN (I represent and warrant that I am authorized by law to execute this Agreement and legally bind the City). By Date of Signature (Please print name.) ks14- 380 -3,doc Page 4 Custom Agenda Information Memo February 17, 2015, Eagan City Council Meeting OLD BUSINESS A. Ordinance Amendments - Stormwater Management Action To Be Considered: Approve Ordinance Amendments to Chapters 4, 7, and 10 of the City Code regarding stormwater management. Facts: ➢ Eagan is among many cities nationwide that are federally required to obtain a Municipal Separate Storm Sewer System (MS4) permit to manage stormwater within their jurisdictions. This is part of the National Pollutant Discharge Elimination System (NPDES) program of the U.S. Environmental Protection Agency (EPA). }' ➢ The Minnesota Pollution Control Agency (MPCA) issues MS4 general permits to required cities in Minnesota. A city's Stormwater Pollution Prevention Program (SWPPP) is a major element of the permit. ➢ Effective March 17, 2014, the MPCA extended coverage to the City of Eagan through ➢ On May 5, 2014, the City Council authorized the City Attorney to draft ordinance amendments to Chapters 4 and 7 of the City Code to comply with the permit. ➢ Upon subsequent review of City Code, City Attorney recommends amendments also to §10.32 for housekeeping purposes. ➢ Proposed amendments relate to stormwater management and water pollution prevention at active construction and completed construction sites, detection and elimination of illicit discharges entering the storm sewer system and surface waters, and include the following: o Merge § §4.32 and 4.33 into one stormwater management section ( §4.34); o Change volume control requirements from first 0.5" runoff to first 1.1 "runoff; o Discourage compacted soil conditions at project completion; o Establish mitigation provisions to address discharge requirements; o Base runoff rates on new 1 %, 24 -hour model storm: 7.47" vs. 6.0 "; o Require security to ensure initial performance of constructed features. ➢ Staff from several City departments have reviewed proposed amendments extensively and found them to be in order for favorable Council action. ➢ For other MS4 permit requirements, City staff is documenting procedures for enforcement response, storm system inspections and maintenance, and staff training. ➢ Information about these amendments may be provided through various formats upon Council adoption (e.g., articles in City's newsletter, on website,'E -TV, etc.). Attachments: (3) OBA -1 Draft Ordinance amending Chapter 4 OBA -2 Draft Ordinance amending §7.05 OBA -3 Draft Ordinance amending §10.32 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION, EXCAVATIONS AND MOBILE HOME PARKS" BY AMENDING SECTION 4.30 REGARDING GRADING PERMITS AND SECTIONS 4.32 AND 4.33 REGARDING STORMWATER MANAGEMENT REGULATIONS FOR DURING AND POST CONSTRUCTION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99, The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by revising Section 4.30, subdivisions 2, 35 4 and 8, to read as follows: Sec. 4.30. Excavations and fills. Subd. 2. Permit required (unlawful act), or fill or raise existing surface grades without first obtaining a grading permit from the council. B. A permit under this section shall not be required for: 1. The excavation, removal or storage of earth material for the purpose of the foundation, cellar or basement of some immmediately pending superstructure to be erected, built or placed thereon contemporaneously with or immediately following such excavation, removal or storage, provided that a building permit has been issued. 2. Such excavation, removal or storage of earth material or other like material by the state, county or City authorities in connection with the construction or maintenance of roads or highways or utilities, provided such activity is conducted within said road or highway right -of -way. 3. Curb cuts, utility hookups or street openings for which another permit is required from the City. Where another permit is not required or obtained, a grading permit shall be required. 4. Installation of public utilities or excavation for construction purposes upon platted property within two years after an approved plat has been filed with the county. Where a plat is pending or more than two years has lapsed since the filing of a plat, a grading permit shall be required. 5. Excavations or fills of less than 10,000 square feet in area or five feet in depth. Subd. 3, 4pplication, A. Application for a grading permit shall be made in writing to the City on such forms and shall include such information as prescribed by the City including the location and plan of removal or fill of earthly deposits from such location. B. Such application shall also include: 1. Legal description of the lands upon which it is proposed to remove earthly deposits or make excavation. 2. Names and addresses and signatures of applicants and owner of the land. 3. Copies of any agreements contemplated or entered into between the owner of such lands and any other person for the opening, operation or maintenance of such excavation, removal of earthly deposits or fill site. 4. The estimated time required to complete the work. 5. The highways, streets or other public roadways within the City upon or along which the material shall be transported. 6. Method and schedule for restoration and measures to control erosion during and after the work in compliance with the City's Storinwater Design Guide. 7. A map or plan of any proposed pit, excavation or fill area showing the confines or limits thereof together with the existing and proposed finish elevations at two -foot minimum contours based on sea level readings. 8. The following additional information: (a) Landscape plan for setback areas. (b) Location and surface of access roads. (c) Method of controlling dust. (d) Hours of operation. (e) Method of maintaining security on premises. (f) Method of controlling weeds. 2 (g) Information required for a stormwater management permit under this Code not otherwise provided herein. C. The council may refer such application to the planning commission for review and recommendation. Subd. 4. Annual license fee. A. A permit fee in an amount adopted by resolution of the council for each grading permit is required. In the event said application for permit is denied, such fee shall be returned to the applicant less reasonable costs incurred by the City for processing and handling the application. B. In addition to the permit fee required as specified in subparagraph A above, each holder of such permit shall apply for a renewal permit annually on or before January 1, commencing in the same year in which the original permit is issued and pay therefor an annual permit fee in the amount fixed by resolution. C. In addition, the petitioner shall pay all reasonable costs incurred by the City for review and inspection, including preparation of reports an( engineer, City attorney, and City planner or other members similar nature. The payment shall be made by the petitioner invoice from the City, and said payment shall be in addition petition or renewal permit and hereinabove provided for. N review of plans by the City of the staff, and costs of a upon receipt of an itemized to the fee required with the Subd. 8. Duration of permit. The grading permit shall ran from January 1 through December 31 of the same year or for a lesser period of time as the council shall specify when the permit is issued. 3 Section 2. Eagan City Code Chapter Four is hereby amended by replacing Sections 4.32 and 4.33 in their entirety with a new Section 4.34 to read as follows: See. 4.34. Stormwater Management Regulations, A. Findings and purpose statement. The City council finds it is in the best interest of the City of Eagan to protect, preserve, and enhance the City's natural resources of its and the region's water bodies, its stormwater system and public and private lands as may be adversely affected by the alteration to and the development of land within the City. Unmanaged stormwater runoff from land disturbing activities and increased development of land within the City have significant adverse impacts upon local and regional water resources diminishing the quality thereof and the public health, safety, and welfare of its residents as follows: L Increased runoff volumes and peak flood flows and overburdening the City's storm sewers, drainage ways and other storm drainage systems, recreational and water supply uses by increasing pollutant loadings of sediment, suspended solids, nutrients, heavy metals, toxics, debris, bacteria, pathogens, biological impairments, thermal stress and other pollutants. 3. Degrade physical stream habitat by increasing stream bank erosion, increasing stream bed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperatures. 4. Undermine floodplain management efforts by increasing the incidence and levels of flooding. 5. Alter wetland communities by changing wetland hydrology and increasing pollutant loads. 6. Impact groundwater by reducing recharge and increasing potential pollutant loading. To address these public health, safety and welfare concerns, the purpose of this Section is to establish regulations that control and manage stormwater runoff from land that is subject to land disturbing activity and /or development, whether new or redevelopment, that will: 1. Meet Minimum Impact Standards (MID) performance goals. 2. Assist in meeting NPDES /SDS Municipal Separate Storm Sewer System (MS4) and Construction Stormwater General Permit requirements. 3. Assist in meeting Total Maximum Daily Load (TMDL) plan wasteload allocations for impaired waters through quantification of load reductions. 4. Protect life and property from dangers associated with flooding. 5. Protect public and private property and natural resources from damage resulting from stormwater runoff and erosion. 6. Ensure the annual stormwater runoff rates and volumes from post development conditions mimic and /or reduce the annual runoff rates and volumes from predevelopment site conditions. T Ensure site design minimizes the generation of stormwater and maximizes pervious areas for stormwater treatment. 8. Provide a single, consistent set of performance goals that apply to all developments. 9. Protect water quality from pollutant loadings of sediment, suspended solids, nutrients, heavy metals, toxics, debris, bacteria, pathogens, biological impairments, thermal stress and other pollutants. 10. Promote infiltration and groundwater recharge. 11. Provide vegetated corridors (buffers) to protect water resources from development. 12. Protect functional values of all types of natural water bodies (e.g. rivers, streams, wetlands, lakes, seasonal ponds). 13. Sustain or enhance biodiversity (native plant and animal habitat) and support riparian ecosystems. B. Authorization and Scope. 1. Statutory Authorization, This Section is adopted pursuant to federal regulations under the Clean Water Act and the Minnesota Rules administered under the stormwater regulatory program by the Minnesota Pollution Control Agency. 2, Scope. This section applies to and a stormwater management permit is required hereunder for any one of the following: E a. New development of any land; b. Redevelopment of any lot of record; C, Subdivision of any land on which any new improvements are proposed to be built; d. Issuance of a building permit where a building is demolished in whole regardless if the new building or improvements create equal to or less than the impervious surface than that existed prior to demolition; e. Issuance of a building pen-nit where a building is demolished in part, but the new building or improvements on the site create more impervious surface than that existing prior to demolition; f. Land disturbing activity as defined in this Section, including excavations regulated in Chapter 4 of this Code; or g. Any activity that creates 10,000 square feet or more of new or fully reconstructed impervious surface on an individual lot of record or in aggregate on one or more lots of record if activity is part of a single project. When a building or grading permit is issued in connection with a project or a new development, redevelopment, or subdivision project is approved by the City council as required in this Code, the building or grading permit or the new development, redevelopment, or subdivision approval by the City may be in lieu of the stormwater management permit required hereunder, provided the applicant shall comply with all regulations herein and all conditions required under the separate permits or approvals. C. Definitions. For purposes of this Section, the following terms shall be defined as stated: Applicant means any person or entity required to submit an application for a permit under this Section or is otherwise subject to the regulations of this Section. Best Management Practices (BMPs) means a practice, or combination of practices, that is determined to be an effective and practicable (including technological, economic, and institutional considerations) means of preventing, controlling or managing soil erosion, sedimentation and water quality of water bodies, including rivers and streams, from runoff. BMPs include avoidance of impacts, construction- phasing, rel minimizing the length of time soil areas are exposed, prohibited activity, and other management practices published by the state or designated area -wide planning agencies. The MIDS Credit Calculator includes post- construction stormwater BMPs that may be considered under this Section. City of Eagan Stormwater Design Guide means the City's most current publication of its City- accepted design standards, design plates and references for compliance with the City's stormwater management requirements. The Stormwater Design Guide is available in the City of Eagan Engineering Division, Public Works Department, Clean Water Act means the federal law and regulations regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters set forth in 33 U.S.C. §1251 et seq. (1972 and as subsequently amended thereafter and hereafter). Common plan of development means a contiguous area where separate and distinct land disturbing activities may be taking place at different times on different, but adjacent, or on different schedules, but under one proposed plan, including but not limited to mass site grading, utility installation, street construction and home or building construction. This item is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur. Compacted soil means surface compaction, often affecting the upper 12 inches of depth of disturbed soil, in which there is a loss of soil aggregates, destroyed aeration pore spaces, crushed or collapsed pore spaces, and extensive resorting and packing of soil particles, which significantly increases bulk density, prohibiting root growth and water infiltration, resulting in an increased volume and rate of surface runoff. Critical root zone of a tree (CRZ) means an imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter, e.g. a 20- inch diameter tree has a CRZ with a radius of 20 feet. Dewatering means the removal of water for construction activity. Dewatering can be a discharge of appropriated surface water or groundwater to dry and /or solidify a 7 construction site. Dewatering may also include a more permanent condition where the discharge of surface water is required for the integrity of the permanent structure. Discharge means the release, conveyance, channeling, runoff, or drainage of water that is from dewatering or runoff. Erosion means the process by which the surface of the earth (such as soil, dirt, and rock) wears away as a result of the movement of wind, water and /or ice. Erosion control means methods employed to prevent temporary and permanent erosion, such as soil stabilization practices, horizontal slope grading, temporary or permanent ground cover, and construction phasing. Final stabilization means that all soil disturbing activities on the site or common plan of development have been completed, and that a uniform (evenly distributed, e.g. without large bare areas) perennial vegetative cover with a density of at least eighty (80) percent of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed, and that all temporary erosion control devices are removed, including silt fence, temporary sedimentation basins, and temporary standpipes. Simply sowing grass seed and /or mulch is not considered final stabilization. Final stabilization of a "common plan of development" includes completion of building or home construction along with final restoration of all yards and adjacent drainage ways. Fully reconstructed impervious surface means impervious surfaces have been removed and the underlying soils are exposed and new impervious surfaces installed. Installation of impervious surfaces as a result of structure renovation, pavement mill and overlay projects, and pavement rehabilitation projects that do not expose or alter underlying soil material are not considered fully reconstructed impervious surfaces. In addition, other maintenance activities, such as catch basin and pipe replacements, shall not be considered fully reconstructed impervious surfaces. Reusing an existing building foundation or re- roofing of an existing building is not considered a fully reconstructed impervious surface. Groundwater (Underground waters) means water contained below the surface of the earth in the saturated zone including, without limitation, all waters whether confined, unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or I I n rock formations deeper underground. The tern groundwater shall be synonymous with underground water. High Water Level (HWL) means the calculated peak pond or stormwater storage elevation for a I% probability rainfall storm or snowmelt event as defined in the City Stormwater Management Plan. Impervious surface means a surface that has been compacted, or covered with a layer of non - porous material (including buildings /structures), or is likely to become compacted from expected use, so that it is highly resistant to infiltration by water and to cause water to run off the surface in greater quantities and at an increased rate of flow than pervious surfaces. Impervious surfaces shall include, but not be limited to, rooftops; sidewalks; patios; driveways; parking lots; storage areas; concrete, asphalt, or gravel roads; sport courts; swimming pools; covered decks and other structures; compacted Class 5 gravel areas. An area of land that would be normally considered pervious may be area, such as heavy equipment movement, stockpiling of earth material, etc. Infiltration means the process of water percolating or penetrating into the earth's subsoil. Land -or- parcel of land -or- subject property means an entire lot or parcel, as defined by the zoning regulations of this Code, on or within the boundaries of which a project subject to the requirements of this section is occurring, has occurred or is to occur. Land disturbing activity means any excavating, grading, clearing, filling, or other earth change which may result in: (1) The movement of more than 10,000 square feet of earth; or (2) Any activity that changes the existing or natural contour of the land which changes drainage. For purposes of this section, excavation or grading for agricultural purposes on agriculturally zoned property shall not constitute land disturbing activity provided such activity is no closer to an edge or delineated boundary of any water body than as set forth in the wetlands protection -and management regulations in this Code. 0' Land disturbance plan (LDP) means the plan as required to be submitted with a permit application under this Section consisting of the information and supporting documentation as set forth herein. Linear Project means construction or reconstruction of roads, trails, sidewalks, alleys, and rail lines that are not part of a common plan of development. Mill, overlay, reclaiming and other resurfacing projects are not considered to be reconstruction. MIDS means the Minimum Impact Design Standards published by the Minnesota Pollution Control Agency and for purposes of this Section, those provisions pertaining to stormwater volume reduction requirements. MIDS Calculator means the Minimum Impact Design Standards (MIDS) best management practice (BMP) calculator for determining conformance with the MIDS / City of Eagan Stormwater Volume Reduction Performance Goals, Minnesota Pollution Control Agency (MPCA) means the state agency charged with overseeing and enforcing the federal Clean Water Act, Minnesota Stormwater Manual means the most current version of the Minnesota Pollution Control Agency's Minnesota Stormwater Manual, National Pollutant Discharge Elimination System (NPDES) means the federal program pursuant to the Clean Water Act that regulates the discharge of pollutants to waters of the state through the issuance, regulation and enforcement of NPDES permits under the Clean Water Act, NPDES Construction Stormwater Permit means the permit issued by the MPCA which is officially called General Permit Authorization to Discharge Storm Water Associated with Construction Activity under the National Pollutant Discharge Elimination System/State Disposal System Permit Program (NPDES). New building construction means the construction of any principal building or structure upon a parcel of land or platted lot that is not existing or otherwise being enlarged or improved. New development means the process whereby land that has less than 15% impervious surface is or proposed to be improved with buildings and uses in one continuous process or in more than one distinct phase, including but not limited to the following activities: initial site grading; installation of utilities; construction of public 10 streets; construction or grading of drainage ways; other grading or filling of any area within the site; grading of building pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, or private streets; and any other construction or land disturbing activity within the subject property or site. Land that was previously developed, but now razed and vacant, will not be considered new development and will constitute redevelopment. Ordinary High Water Level (OHWL) means an elevation associated with a water body determined by the DNR, and used to determine DNR jurisdiction. In general, it is the elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water level is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the OHW is typically the elevation of the top of the bank of the channel. The OHW does not correlate to a 1% year), or any other flood level. Owner means the person or entity that is the fee owner of record of the land on which the construction activities will occur; or if the construction activity is for a lease, easement, or mineral rights license holder, the party or individual identified as the lease, easement or mineral rights license holder; or the contracting government agency responsible for the construction activity. Permanent erosion control means long -term method(s) employed and maintained to prevent erosion and sedimentation. Examples of permanent controls are turf reinforcement mats, swales, ponds, sediment basins, infiltration basins, catch basin sumps, storm sewer systems, and riprap. Permanent cover means "final stabilization." Examples include perennial grass, gravel, asphalt, and concrete. See also the definition of "final stabilization." Permanent cover does not include the practices under temporary erosion protection. Pre- development means land conditions prior to the creation of any impervious surface on the property. Project manager means the applicant or the applicant's duly authorized representative who has been conferred the duties by the applicant to implement, complete 11 and manage the project to which the approved land disturbance and erosion control plan applies under this section. Redevelopment means the process of subdividing and adding additional uses on a lot or site that was previously developed and /or the razing and replacement of existing building and /or changes in uses on a lot or site that was previously developed. Land that was previously developed, then razed and left vacant before new building construction occurs is deemed redevelopment. Runoff means rainfall, snowmelt, dewatering or irrigation water flowing over the ground surface. Sediment means the product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, wind, or ice, and has come to rest on the earth's surface either above or below water level. Sedimentation means the process or action of depositing sediment. Sediment control means the methods employed to prevent sediment from leaving a site. Examples of sediment control practices are silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. herein: Significant tree means any of the following type of trees, as each is defined Coniferous /Evergreen Tree — shall mean a woody plant which, at maturity, is at least twelve (12) feet or more in height, having foliage on the outermost portion of the branches year - round. Deciduous Tree — shall mean a woody plant which, at maturity, is at least fifteen (15) feet or more in height, having a defined crown, and which sheds leaves annually. Significant Tree — shall mean a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, defined herein, or a minimum of twelve (12) inches in diameter for softwood deciduous trees as defined herein; or a minimum of twelve (12) feet in height for coniferous /evergreen trees. Hardwood Deciduous Tree — shall include: Ironwood, Catalpa, Oak, Maple (hard), Walnut, Ash, Hickory, Birch, Black Cherry, Hackberry, Locust and Basswood. 12 Softwood Deciduous Tree — shall include: Cottonwood, Poplars /Aspen, Box Elder, Willow, Silver Maple and Elm. Specimen Tree — shall mean a healthy hardwood deciduous tree measuring equal to or greater than thirty (30) inches diameter and /or a coniferous tree measuring 50 feet or greater in height. Significant Woodland means a group or cluster of coniferous and /or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees between four inches and twelve inches in diameter or coniferous trees between four feet and twelve feet in height. Site means any lot or parcel of land, or contiguous lots or parcels of land, where land disturbing activity is proposed to or permitted to be occurring. Slope means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Soil means the unconsolidated mineral or organic material on the immediate surface of the earth. For the purposes of this Section, temporary stockpiles of clean sand, gravel, aggregate, concrete or bituminous materials are not considered soil. Soil Management Strategies means a site - specific integrated plan for protecting soils from disturbance and procedures to remediate soil compaction and improve organic matter content on disturbed soils, to preserve /improve soil quality and to provide effective stormwater infiltration as approved by the City Engineer in accordance with the City of Eagan's Storrnwater Design Guide. Stabilized means the exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, erosion control blanket, mats or other material that prevents erosion from occurring. Applying mulch, hydroinulch, tackifier, polyacrylarnide or similar erosion prevention practices is not acceptable stabilization in temporary or permanent drainage ditches or areas where concentrated overland flow occurs. Grass seeding is not stabilization. Steep slopes mean the topography on the site has an average slope over twelve (12) percent, as measured over horizontal distances of 50 feet or more. Stor°mwater^ means precipitation runoff, stormwater runoff, snow melt runoff, and any other surface runoff and drainage. 13 Stormwater Management Plan means a set of drawings and other documents submitted as part of a Land Disturbance Plan, as a prerequisite to obtaining permit approval hereunder, which shall contain all of the information and specifications pertaining to land disturbance erosion prevention and control management and post - construction stormwater management in conformance with this Section. Stormwater Pollution Prevention Program (SWPPP) means a plan for stormwater discharge that includes all required content in conformance with this Section and which describes erosion prevention BMPs, sediment control BMPs, construction site /waste control BMPs and Permanent Stormwater Management Systems that, when implemented, will decrease soil erosion on a parcel of land and decrease off -site nonpoint pollution. Structural Control Elevation (SCE) means the elevation of the outlet structure, pump controls or surface overflow for a water body at which water will initially discharge from the water body. This elevation would correspond to the elevation of the water surface at the time of initial discharge. Surface water or waters means all streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. Water body (bodies) means any natural or man -made wetland, drainage or stormwater area, stream, or lake. Water quality volume means runoff from the new impervious surfaces created by a project and is the volume of water to be treated in the permanent stormwater management system. Wetlands shall have the meaning as defined in Minnesota Rules 7050.0130, subpart F, and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes: (1) A predominance of hydric soils; 11M" (2) Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and (3) Linder normal circumstances support a prevalence of such vegetation. Wetland buffer has the meaning as provided in the wetlands protection and management regulations set forth in the land use regulations of this Code. D. Permit Application and Plan. 1. Permit application. An application for the permit required hereunder shall be made in writing to the City on such form as the City may, from time to tune, designate and shall include such information as the City shall require. If the project is for a subdivision, new development, redevelopment, or other project that requires approval by the City council under this Code, then the application for such project may be in lieu of a complies with all regulations required hereunder. 2. Permit application submittals. Any application for a permit required hereunder shall be submitted to the City, along with all required application fees and a land disturbance plan (LDP) prior to the City's consideration of the application. The LDP shall comply with the following requirements, in addition to those LDP requirements set forth elsewhere in this Section: a. A detailed description, along with a grading plan if applicable, of the land disturbing activity for which the permit is sought. b. The plan shall be prepared by a certified plan preparer or inspector as approved by the City. C. The plan shall be consistent with any previously approved subdivision grading plan. d. The plan shall comply with the requirements for erosion and sediment controls and construction debris /waste controls within the NPDES Construction Stormwater Permit issued by the MPCA. 15 e. The plan shall depict the proposed permanent /post - construction stormwater management methods /facilities and shall comply with the City's post - construction stormwater management regulations set forth herein and shall be consistent with the City's overall stormwater management plan and water quality and wetland management plans. f. The plan shall not adversely impact neighboring properties. g. The plan shall minimize any irreparable adverse impacts to natural resources upon the subject property or directly adjacent thereto, as well as any City facilities or stormwater system. h. The plan shall meet all requirements of this Section. i. The plan shall provide for and include any of the following temporary erosion and sediment control requirements if the City determines that the project mandates all, or a combination thereof, for the protection of public safety, health and welfare: (1) Properly fence any slope of 3:1 or greater that is adjacent to a project property line and which is deemed hazardous or dangerous by the City; (2) Slope the banks, fill, level off any depression or mound or otherwise place in such condition at any time so as not to be dangerous because of sliding or caving banks; and so as to minimize or stop erosion or dust during or after the grading operation; and (3) Properly drain, fill, or level off any graded or ungraded area so as to make the same safe and healthful, unless otherwise approved by the City. 3. Review and approval ofpermit application. Projects of less than five acres on platted lots of record and that are not required to be approved by City council, such as a subdivision or new development, may be approved administratively by City staff, unless City staff presents it to the City council for its review and approval. Upon a finding that the proposed project plan meets the requirements under this Section and after City's approval of the land disturbance plan, the City will issue a permit in accordance with the provisions of this Section. 4. Expiration of permit and plan. Any permit issued pursuant to the requirements of this Section, including any grading permit issued in lieu thereof, shall expire two years from the date of issuance if significant progress of the work covered by 16 the permit is not satisfactorily accomplished as determined by the City, unless an extension of the permit is requested by the applicant prior to expiration and approved by the City. 5. Revocation ofpennit. Failure to comply with the approved terms and conditions of the permit or the land disturbance plan approved therewith shall be grounds for revocation of the permit, or any other permit or approval by the City council issued in lieu thereof, following a public hearing. Written notification of the public hearing shall be mailed to the current holder of the permit at least ten days prior to said hearing. E. Land disturbance plan. 1. No permit shall be issued unless a land disturbance plan is submitted to and approved by the City. All land disturbance plans shall include the following: a. General information. (1) Delineation of the subject property, including all public and private easements thereon; the location of existing and proposed buildings, structures and impervious surfaces on the subject property, including quantities of impervious surface for both pre- and post- construction/activity, and the building bench elevations for all existing and proposed buildings. (2) Description of the construction or land disturbing activity to be performed on subject property, including the area and volume of earth material to be moved, and proposed project schedule; (3) Identification of all water bodies located on and within 100 feet of the subject property's boundaries, including identification of any off- -site receiving waters for the permit site's runoff, including the structural control elevation (SCE), high water level (HAT), and ordinary high water level (OHWL) elevations and if an existing water body is intended to be used for water quality treatment, then identification of the dead storage volume and area of the SCE; (4) Identification of all wetland buffers as set forth in the wetlands protection and management regulations in this Code; (5) Identification of existing and proposed subwatersheds /site drainage areas, including any contributing runoff from off -site, and show drainage patterns using arrows depicting direction of flow. 17 (6) Topographical data, including existing (dashed) and proposed (solid) contours at vertical intervals of not more than two feet, except that contour lines shall be no more than 100 feet apart; (7) Temporary benchmarks shall be established within the boundaries of the project area. Descriptions, reference ties and elevations of the benchmarks shall be furnished to the City. All elevations, topography and vertical control data shall be tied to sea level datum, 1929 general adjustments; and (8) The location and size of all existing and proposed sanitary sewer, storm sewer, water supply, and other utility service facilities. b. Stormwater Pollution Prevention Plan ( SWPPP): (1) Delineation of all areas to be graded or excavated, and the limits of land disturbing activities. (2) All erosion and sediment control, construction debris /waste control and Stormwater management shall conform to City code and the current requirements of the NPDES Construction Stormwater Permit issued by the MPCA. (3) The SWPPP shall be prepared by an individual who has received training by an accredited governmental agency, professional organization, or educational institution for and has working knowledge and experience in erosion prevention, sediment control, permanent stormwater management and the MN NPDES /SDS Construction Stormwater Permit. This individual shall sign the SWPPP with a certification statement that the individual meets the requirement of this clause. (4) The following general criteria shall be incorporated in site design for erosion and sediment control and construction site construction debris /waste control in the stormwater pollution prevention plan ( SWPPP): (i) Minimize disturbance of natural soil cover and vegetation; (ii) Minimize, in area and duration, exposed soil and unstable soil conditions; (iii) Protect receiving water bodies, wetlands and storm sewer inlets; (iv) Protect adjacent properties from sediment deposition; (v) Minimize work in and adjacent to waterbodies and wetlands; (vi) Minimize off -site sediment transport on trucks and equipment; W96 (vii) Maintain stable slopes; (viii) Avoid steep slopes and the need for high cuts and fills; (ix) Minimize disturbance to the surrounding soils, root systems and trunks of trees adjacent to site activity that are intended to be left standing; and (x) Minimize the compaction of site soils. (5) Identification and use of specific BMPs for erosion and sedimentation control and construction debris /waste control to minimize erosion and the discharge of sediment and other pollutants within and from the property, during construction activity and for final stabilization as recommended by the Minnesota Pollution Control Agency in its online Minnesota Stormwater Manual, the publication Protecting Water Quality in Urban Areas, (2000), or as amended, including but not limited to: G) Perimeter erosion control devices; (ii) Phased grading; (iii) Temporary seeding; (iv) Storm drain inlet protection devices; (v) Rock construction entrance; (vi) Critical root zone perimeter protection for trees; (vii) Construction site management direction, such as removal of all construction debris /waste, dirt and soil from impervious ground surfaces (sweeping schedule, etc.), including abutting public or private roadways and sidewalks, etc. in connection with the subject property, to be properly disposed of and not allowed to be carried by runoff into a receiving channel of the storinwater system; (viii) Identification of soil storage /stock pile protection measures, including phasing of stockpile from temporary to permanent BMPs; ix) Identification of flow diversions and temporary sediment basins (including drainage area and sizing); (x) Dust control measures; (xi) Identification of BMPs for dewatering activities, including any specific chemicals or chemical treatment systems that may be used for removing sediment 19 from dewatering on the site, including discharge details to prevent erosion and any adverse effect on natural or off -site receiving waters and /or downstream properties. The appropriation of these BMPs and discharge may require additional local, state or federal permits. (xii) Identification and description of all permanent BMPs to be utilized, including the use of perennial vegetative cover, on all exposed soils or other equivalent means and a completion schedule from pre - grading through final stabilization; (xiii) Identification of all permanent /post- construction stormwater management BMPs to be utilized to protect water bodies and wetland buffers, and described in the Stormwater Management Plan; (xiv) Any other erosion and sedimentation control and construction debris /waste control device or practice as deemed necessary by the City. (6) Supporting information including designs, calculations /quantification and narrative pertaining to BMPs for erosion and sediment control, construction debris /waste control, temporary and permanent/post - construction stormwater management. (7) Applicant shall identify the responsible party for SWPPP implementation, maintenance, inspection during land disturbing activity. (8) Identification of responsible party for long -term operation and maintenance of the permanent stormwater management system; (9) Description of BMP inspection schedule by responsible party, including but not limited to: (i) Once every 7 days on exposed soil areas (ii) Within 24 hours after a one half inch rain event over 24 hours (iii) Once every 30 days on stabilized areas. (iv) As soon as runoff occurs or prior to resuming construction on frozen ground. (10) Description of BMP maintenance schedule by responsible party, including but not limited to: FIX (i) When sediment reaches 1/3 the height of the BMP on perimeter control devices, sediment must be removed within 24 hours. (ii) If the perimeter control device is not functional it must be repaired or replaced within 24 hours. (iii) Temporary sediment basins shall be maintained when sediment reaches the outlet height or 1/2 the basin storage volume. Basin must be drained or sediment removed within 72 hours. (iv) Sediment tracked from construction site vehicle entrance and exit locations must be removed from paved surfaces within 24 hours of discovery. (11) NPDES construction stormwater permit. In addition to all other plan requirements in this Section, the applicant shall submit to the City prior to the issuance of a permit hereunder, a copy of the applicant's NPDES construction stormwater permit issued by the MPCA and any other supporting documentation, if a NPDES construction stonnwater permit is applicable. C, Tree Preservation Plan. (1) An accurate inventory of all individual significant trees on the subject property, including identification of the size, species, condition and location of each significant tree. On large wooded sites, forest measuring methods may be used to determine the total square footage of significant woodland. For woodland inventories provide a brief description of tree species and average tree diameters. (2) Identification of all individual significant trees or significant woodlands on the subject property proposed to be removed as a result of the land disturbing activity; (3) Identification of measures to be utilized to protect and preserve the significant trees or significant woodlands proposed to be preserved, defined as the following: (i) Protective fencing shall be placed at the outer edge of the critical root zone of all significant trees or significant woodlands. No grade change, trenching, stockpiling, soil compaction or any other construction activity shall occur within this protected zone; and 21 (ii) To prevent oak wilt infection, a non -toxic tree wound sealant shall be applied immediately to any damaged tree trunk, branch, or root of any oak tree between and including April 15 and July 1. F. Post - Construction Stormwater Management Requirements. In connection with any project for which a permit is required under this Section that results in the addition of 10,000 square feet or more of impervious surface on the site, the following post - construction/activity stormwater management requirements shall be met on the site: 1. Stormwater Volume Control. a. New, Nonlinear Developments. For a new, nonlinear development that creates 10,000 square feet or more of new impervious surface on sites without infiltration restrictions, stormwater runoff volumes shall be controlled and the post - construction runoff volume shall be retained on the site for 1.1 inches of 9 times the impervious surface without any abstractions /losses). b. Redevelopment /Reconstruction Projects. Nonlinear redevelopment projects on sites without infiltration restrictions that create 10,000 square feet or more of new and/or fully reconstructed impervious surfaces shall capture and retain on site 1.1 inches of runoff from new and /or fully reconstructed impervious surfaces. C, Linear Projects. Linear projects (roadways, sidewalks, and trails) without infiltration restrictions and not part of another project that creates 10,000 square feet or more of new and /or fully reconstructed impervious surfaces shall capture and retain the larger of the following: (i) 0.55 inches of runoff from the new and /or fully reconstructed impervious surfaces; or 1.1 inches of runoff from the net increase in impervious area. For linear projects where the lack of right -of -way precludes the installation of volume control practices that meet the conditions for post - construction stormwater management in this section, and a reasonable attempt has been made 22 to obtain right -of -way during the project planning process, the applicant shall follow the flexible treatment options schedule. d. Pretreatment shall be provided for all volume control BMPs. e. No areas of constructed wet ponds or wetlands shall be accepted as an infiltration practice. £ Impervious surface area for calculating post - construction Volume Control requirement shall include all disturbed /graded soil areas that are proposed to be revegetated pervious surfaces, due to soil compaction impacts from land disturbance. Identification of Soil Management Strategies to be utilized, within a Stormwater Management Plan and site plans, may provide exclusion to this disturbed pervious provision for areas shown to protect and restore soil permeability to non - compacted soil conditions, if approved by the City Engineer. g. Acceptable Credit Calculator and /or Modeling. Final site design and choice of stormwater treatment practices shall be based on outcomes of the MIDS Calculator, or other water quality modeling as accepted by the City, to demonstrate compliance with the volume control performance goals, as part of a Stormwater Management Plan. h. Reference Design Guide. All volume control for water quality and quantity and site design specifications shall conform to the current versions of the MPCA Minnesota Stormwater Manual and the City of Eagan Stormwater Design Guide, 2. Permissible Alternative Stormwater Volume Control Designs. a. The City may consider and permit alternative stormwater management designs if the City, in its sole conclusion, determines that the applicant cannot fully meet the requirements as set forth in this Section, due to infiltration restrictions. Before the City will consider any alternative design, the applicant shall demonstrate that it cannot fully comply with the standards herein. The City will consider the merits of relocating project elements to address varying soil conditions and other constraints across the site. Applicant shall document the alternative design options sequence starting with Alternative #1. If Alternative #1 cannot be met, then Alternative #2 shall be analyzed. Applicant must document the specific reasons why Alternative #1 cannot be met based 23 on the infiltration restriction factors listed below. If Alternative #2 cannot be met then Alternative #3 shall be met. Applicant must document the specific reasons why Alternative #2 cannot be met based on the infiltration restriction factors listed below. When all of the conditions are fulfilled within an alternative, this sequence is completed. Volume reduction techniques considered in determining alternative designs shall include infiltration, reuse and rainwater harvesting, and /or additional techniques included in the MIDS calculator, the Minnesota Stormwater Manual, or the City of Eagan Stormwater Design Guide. Higher priority shall be given to BMPs that include volume reduction. Secondary preference is to employ filtration techniques, followed by rate control BMPs. b. The use of infiltration as a stormwater management method is prohibited when the infiltration device will be constructed in any of the following areas: (i) Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES /SDS Industrial Stormwater Permit issued by the MPCA. (ii) Where vehicle fueling and maintenance occur. (iii) With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or to the top of bedrock. (iv) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. c. The use of infiltration as a stormwater management method is restricted for post - construction stormwater management, without higher engineering review sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltration device will be constructed in any of the following areas: (i) With predominately Hydrologic Soil Group D (clay) soils. (ii) Within 1,000 feet up- gradient, or 100 feet down- gradient of active karst features. (iii) Within a Drinking Water Supply Management Area (DWSMA). 24 (iv) Where soil infiltration rates are more than 8.3 inches per hour. The restrictions above do not prohibit the applicant from infiltrating stormwater; instead, the restrictions require that a higher level of design and review are required. d. The alternative stormwater management design options sequence is as follows: Alternative #l: Applicant must first attempt to design the site to achieve retention of at least 0.55 inches of runoff from the proposed impervious surfaces and remove 75% of the annual total phosphorus load leaving all points of the site. Options considered and presented shall examine the merits of relocating project elements to address varying soil conditions and other constraints across the site. Alternative #2: If the Applicant cannot achieve the standards listed in Alternative #l, the project shall achieve volume reduction to the maximum extent practicable and remove 60% of the annual total phosphorus load leaving all points on the site. Options considered and presented shall examine the merits of relocating project elements to address varying soil conditions and other constraints across the site. Alternative #3: Off -site Treatment. Mitigation equivalent to the performance of 1.1 inches of volume reduction for new development or redevelopment as described in this section perfonned off -site to protect the receiving water body may be considered /accepted by the City (including payment to be used on public stormwater volume reduction projects) on a case -by -case basis. Off -site treatment shall be achieved in areas selected, and if approved by the City, in the following order of preference: (i) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. (ii) Locations within the same City small sub basin as the original construction activity. (iii) Locations within the same City water quality major drainage basin. (iv) Locations anywhere within the City. 25 3. Runoff Rate Control. All on -site rate- control stormwater facilities required under this Section shall be designed, installed, and maintained to accomplish the following: a. Maintain predevelopment peak probability, 24 -hour storm event. b. Maintain predevelopment peak probability, 24 -hour storm event. At a designed for the ten percent (10 %), 24 acceptable overland drainage route w: event is exceeded, runoff rates for the 50 percent (50 %) runoff rates for the ten percent (10 %) minimum, the storm sewer system shall be -hour storm event. Low areas must have an .th the required transfer capacity when the C, Maintain predevelopment peak runoff rates for the one percent (1 %) probability, 24 -hour storm event. d. Where the City's stormwater management plan and its updates show lower rates for the 50 percent (50 %), ten percent (10 %), or one percent (I %) events, this lower rate shall supersede the predevelopment rate control criteria. All storm events calculations shall be modeled according to the most current version of the National Oceanic and Atmospheric Administration's (NOAA) National Weather Service Atlas 14, using rainfall events applicable to the City. All runoff calculations shall be according to the methodology described in the Natural Resources Conservation Service's Technical Release 55, "Urban Hydrology for Small Watersheds" (commonly referred to as TR -55). Other methodology may be used with prior approval by the City. Curve numbers for each land use shall be chosen based on TR -55, except that under no circumstances shall predevelopment pre - project conditions exceed a curve number of 72. The City retains the right to review the appropriateness of the curve number applied to a property. For post - construction Rate Control modeling a minimum curve number of 84 shall be used on all disturbed /graded soil areas that are proposed to be revegetated pervious surfaces, due to soil compaction impacts from land disturbance. Identification of Soil Management Strategies to be utilized, within a Stormwater Management Plan and site plans, may provide justification for use of a lower curve number for pervious 26 areas if shown to protect or restore soil permeability to non - compacted soil conditions, if approved by the City Engineer. All rate control practice designs shall conform to the current versions of the MPCA Minnesota Stormwater Manual and the City of Eagan Stormwater Design Guide (e.g. pond design standards including maximum side slopes, maintenance bench, safety bench, unobstructed equipment access, etc.). On -site rate control practices may not be needed if the applicant is able to clearly demonstrate that off -site (regional) constructed facilities can detain/retain the project site's runoff rates to pre - development conditions and in accordance with the rates established in this code. In this case, the applicant shall submit a technical evaluation completed by a qualified engineer or hydrologist which must be reviewed and approved by the City Engineer, 4. Flood and Erosion Control. No land shall be developed or no use shall be permitted that results in water runoff causing flooding (drainage in excess of the natural drainage anticipated by the City stormwater management plan) or erosion or sedimentation on adjacent property. 5. Use of Natural Topography & Better Site Design Techniques. The applicant shall reduce the need for stormwater management infrastructure /facilities, public or private, by utilizing natural topography and land cover such as swales and depressions that exist before development to the degree they can accommodate the additional flow of water without compromising the integrity or quality of a receiving water body. Development or redevelopment shall minimize impact to significant natural features. Projects shall be designed using the Better Site Design Techniques of the current version of the Minnesota Stormwater Manual. Better Site Design involves techniques applied early in the design process to preserve natural areas, reduce impervious cover, distribute runoff and use pervious areas to more effectively treat stormwater runoff. Site design should address open space protection, impervious cover minimization, runoff distribution and minimization, and runoff utilization. G. Oil and grease control. The first 0.5 inches of runoff shall be treated using effective oil and grease removal technology. Site must provide Oil and Grease control 27 when the site has 40 or more parking stalls, has high traffic areas (such as drive thru windows /lanes), or commercialibusiness activities will take place that have the potential for oil and /or grease pollution (e.g. gas /service stations). H. Outlets. Stornwater discharges from new construction project sites shall have a stable outlet capable of carrying stormwater flow at a non - erosive velocity. The outlet shall be designed considering flow capacity and flow duration. The outlet design requirement applies to both the discharge outlet from the construction site, as well as the discharge outlet into the municipal storm sewer system or water body. I. Maintenance of private stormwater facilities. Property owners shall maintain all private stormwater facilities that have been installed in accordance with this Section in proper and operational condition consistent with the performance standards under which they were originally designed and pursuant to the terms of the City's approval of the I 1. On an annual basis, unless the City requires more frequency, the property owners shall: (a) have the private stormwater facility(s) inspected by a qualified person with demonstrated experience in construction and maintenance of stormwater infiltration practices, to determine the facility is properly maintained and in operational condition consistent with the performance standards for which it was originally designed and approved by the City; and (b) inspect and remove and properly dispose of all settled materials, including all settled solids, from sumps, grit chambers, and other devices within all private stormwater facilities, in accordance with federal, state, and local regulations. The City may grant one- to five -year waivers from this requirement after the property owner presents evidence that a facility has the capacity to store settled solids in accordance with the original design capacity. 2. When requested by the City, property owners shall provide a maintenance plan that defines who will conduct the maintenance, the type of maintenance that will be conducted, and the maintenance intervals of a private stormwater facility. 3. All private stormwater facilities shall be designed to minimize the need for maintenance and to provide easy vehicle and personnel access for maintenance purposes, W and shall be structurally sound, as determined by the City. Prior to City approval, it shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the facilities for inspection or maintenance. 4. The City shall have the right to request and review inspection and maintenance records and shall have the right to perform an inspection of private stormwater facilities at any time if the City has probable cause to believe that the facilities are not being properly maintained or inspected., to ensure continued operation of the facilities in accordance with the design and maintenance plans. 5. If the site is subject to subsequent land disturbing activity or building construction or stormwater treatment facilities change, causing decreased effectiveness of the stormwater treatment, new or modified structural stormwater BMPs must be implemented to achieve compliance with the performance standards and requirements of this Section. 6. Prior to the issuance of a permit hereunder, the property owner shall execute a stormwater management system agreement governing the implementation, inspection and maintenance of the stormwater management facilities required and approved by the City under this Section. The fully executed agreement shall be recorded with the Dakota County Recorder's Office, at the property owner's sole expense, within 30 days of the issuance of the permit. J. Enforcement. 1. Whenever the City finds that a person has violated a provision or failed to meet a requirement of this Section, the City may order compliance by written notice of violation to the responsible person. 2. If abatement of a violation and /or restoration of affected property are required, the notice shall set forth a deadline within which such abatement and/or restoration must be completed. Said notice shall further advise that, should the violator fail to abate or restore the property within the established deadline, the work will be done by a designated governmental agency or a third party contractor and the expense thereof shall be charged to the violator. 3. If the violator fails to pay for said services within 30 days of the notice of the amount due, the City may draw the amount owed for the services from any financial 29 guarantees the City may hold with regard to the affected property. On or before the first day of September of each year, the City clerk shall list the total unpaid charges for abatement and /or restoration services against each separate lot or parcel to which they are attributable under this article. 4. Every person violates a requirement, subdivision, paragraph or provision of this Section when he fails to perform an act as required hereunder, or performs an act thereby prohibited or declared unlawful and, upon conviction thereof, shall be guilty of a misdemeanor and sentenced in accordance therewith except as otherwise stated in specific provisions hereof. K. Appeals of decisions. The applicant may appeal any requirement, decision or determination by the City in connection with any provision of this section pursuant to the procedures as set forth in the zoning regulations regarding board of appeals and adjustments. L. Exemptions. The provisions of this section shall not apply to: 1. Emergency work necessary to protect life, limb, or property. 2. Routine agricultural activity such as tilling, planting, harvesting, and associated activities. Other agricultural activities are not exempt including activities such as feedlots, storage sheds, and construction of structures. 3. Silvicultural activity. 4. Public utility and right -of -way installation and maintenance projects, which are regulated elsewhere in the City Code; 5. Stockpiles: 1) clean aggregate stockpiles, 2) sand stockpiles, 3) constructed base components of roads, parking lots, 4) demolition concrete. Stockpiles must still be compliant with sediment control practices. M. Compliance with plan. 1. Compliance required. The applicant shall implement and comply with the land disturbance plan (LDP) prior to and during any construction or land disturbing activity under the grading permit to which this Section applies. All erosion and sedimentation 30 control and tree preservation measures required under the plan shall be properly installed and remain in place until all grading and construction activity is completed and final stabilization has occurred or until a written request for removal of the protection measures is made to and approved by the City. Permanent erosion control and stormwater management shall remain in place after construction, and shall be under a long -tern maintenance agreement which must be signed by the applicant before a grading permit is issued. The applicant /owner shall be responsible for inspections and maintenance of temporary and permanent BMPs on the site. No construction or land disturbing activity to which this Section applies or removal of any significant trees may occur until the LDP is approved by the City and except in accordance with the approved LDP. Failure to comply with the approved terms and conditions of an LDP shall constitute a violation of this Code. To remain in compliance the applicant must amend the SWPPP as necessary to include additional or modified BMPs designed to correct problems identified or address erosion, sedimentation and /or construction debris /waste control issues, and shall keep all site plans (and Stornwater Management Plan documentation) up to date with regard to stormwater runoff controls, which shall be provided to the City. 2. Determination of compliance. The City shall have the right to enter and inspect the subject property in order to determine compliance with the approved LDP. The City shall have the right to order the suspension of any grading or construction activity on the subject property until compliance with the LDP has occurred. 3. Finding of noncompliance. Upon a finding of noncompliance, the City shall use the following procedure with respect to notification and corrective measures: (a) The City shall personally serve upon the project manager and /or operator, or other responsible person, and by electronic mail (or certified U.S. mail) upon the applicant /property owner, if different than the project manager and /or operator, a written notification of the violation of the approved LDP. (b) If remedial work is not completed and compliance with the LDP has not occurred within 48 hours of service of the violation notification, the City may complete remedial or corrective work and any costs incurred in connection with taking remedial action or installing corrective measures may be recovered from the applicant as allowed by law. In the alternative, the City may choose to issue a 31 stop work order, withhold the scheduling of inspections, and /or the issuance of a Certificate of Occupancy, or revoke any construction- related permit and order the termination of all construction activity on the subject property until the subject site is in compliance with the LDP. N. Emergency corrective actions. In the event circumstances exist such that noncompliance poses an immediate danger to the public health, safety and welfare, as deterniined by the City, the City may take emergency corrective action to prevent any such danger. The City shall take reasonable action to contact and direct the owner of the subject property to take any necessary action. Any costs incurred by the City in connection with any emergency action may be assessed to the property as allowed by Minn. Stat. §429.101. O. Conflict with other laws. If the requirements of this Section are in conflict with any other federal, state or local law, the stricter requirements shall be enforced. P. Final "as- built" grade plan. Upon completion of final stabilization, under a pen-nit or other approvals issued under this Section, an "as- built" grading plan shall be required. This paragraph shall not apply to any single lot building permit project on a R -1, R -2 and Estate zoned property not in connection with a new development and not resulting in the addition of 10,000 square feet or more of new impervious surface on the site. The "as- built" grading plan shall depict the actual field grade conditions of the subject property, lot drainage patterns and locations and elevations of all surface and subsurface stormwater facilities and other utilities, and depict any changes from the original land disturbance plan submitted to and approved by the City hereunder. If building permits are requested prior to completion of the "as- built" grading plan, "as- built" grading plans shall be required for the individual lots associated with those building permits. All "as- built" grading plans shall be signed by a professional engineer licensed by the State of Minnesota, certifying the "as built" plan complies with the City approved plans under the permit issued hereunder and submitted to the City in a format as required by the City. 32 Q. Tree preservation requirements. Removal or loss of significant trees shall be in accordance with the City approved LDP and the tree preservation regulations in chapter 11 of this Code. R. Fees. Fees associated with this section shall be set by a duly adopted resolution by City council. S. Performance Security, 1. The applicant shall provide security for the performance of its obligations under this Section. The security shall be in a form as determined and required by the City, including cash or escrow deposit or letter of credit. The security, running to the City, shall be conditioned to pay the City for any cost or expense incurred by the City to bring the site into compliance with the stormwater management permit or other approvals issued in lieu thereof under this Section, including any engineering, legal or administrative expenses. The security is required to secure completion of grading, site stabilization, restoration, and initial maintenance of any stormwater management facilities in accordance with the approved stormwater management plan required within City code. 2. The security required hereunder shall be in the amount duly adopted by resolution of the City council. 3. The security shall cover the completion of site grading, stabilization, and restoration if the site is being graded, or two full calendar years subsequent to the completion of the stormwater management facilities as provided in the approved stormwater management plan if stormwater management facilities are constructed. The security will be released only upon inspection and written notice of conformance by the City. T. Wetland conservation regulations. Except as otherwise provided in this Code, the Minnesota Wetland Conservation Statutes and regulations (commonly referred to collectively as the Minnesota Wetland Conservation Act), as amended through Laws 33 2001, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: 34 The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on 92015, ORDINANCE NO, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION, EXCAVATIONS AND MOBILE HOME PARKS" BY AMENDING SECTIONS 4.32 AND 4.33 REGARDING STORMWATER MANAGEMENT REGULATIONS FOR DURING AND POST CONSTRUCTION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99, Sections 4.32 and 4.33 of the City Code, governing in connection with land disturbing activities and the are deleted in their entirety and consolidated into therein are also amended to comply with the federal for MS4 permits which regulate precipitation run( stoimwater system, stormwater management requirements construction or improvements to land, a new Section 4.34. The regulations Clean Water Act and the MPCA Rules )ff and discharges into the municipal A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. 35 ORDINANCE NO, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY" BY AMENDING SECTION 7.05 REGARDING DISCHARGES INTO CITY STORM -SEWER SYSTEM; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99 The City Council of the City of Eagan does ordain: Section 1. Chapter 7 of the Eagan City Code is hereby amended by adding the following definitions to Section 7.05, Subd. 2 to read as follows: Authorized Non- Stormwater Discharge means any of the following that may discharge into the City's municipal storm sewer system that is not deemed as an illicit discharge unless specifically prohibited under a NPDES permit in effect: discharges or flows from firefighting activities; water line flushing; street wash water; discharges from potable water sources; landscape irrigation or lawn watering water; de- chlorinated swimming pool discharges; individual residential car washing; water from a sump pump system; foundation drains; footing drains; air conditioning condensation; diverted stream flows; rising groundwaters; uncontaminated pumped groundwater, uncontaminated flows from riparian habitats and wetlands. Illicit Discharge means any release or discharge, directly or indirectly, into the City's municipal storm sewer system of any substance or pollutant that is not composed entirely of stormwater, unless the substance is an authorized non - stormwater discharge, as defined herein, not otherwise prohibited under a NPDES permit in effect. Stormwater means stormwater runoff, snow melt runoff, and surface runoff and drainage. Section 2. Chapter 7 of the Eagan City Code is hereby amended by revising Section 7.05, Subd. 5 to read as follows: Subd. 5. Dumping in streets, sidewalk or trail, storm - sewers, or catch basins. This subdivision shall include all streets, storm sewers and catch basins, public or private. It is unlawful and deemed as a public nuisance for any person to throw, deposit, place or cause to be deposited or placed onto any street, or sidewalk/trail or discharged into any catch basin or storm - sewer located on public or private property, any refuse or garbage, dirt, rock, yard waste, sewage, petroleum products, paint, stain, finishing products or the like, chemicals, solid or liquid, antifreeze, including fluids leaking from vehicles or any other fluid or illicit discharge that is not composed entirely of storm water or tap water. This subdivision shall not include swimming pool water or clean ground water from sump pumps when discharged overland before reaching the street or storm sewer or basin provided discharge is in accordance with City policies or water from permitted irrigation systems installed or placed in the right -of -way. Section 3. Chapter 7 of the Eagan City Code is hereby amended by revising Section 7.05, Subd. 9 to read as follows: Subd. 9. Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. A violation of this section shall be deemed a public nuisance. Any person who is in violation of this section shall immediately remove the obstruction, fill the excavation, recover or abate any illicit discharge in the City's municipal storm sewer system, or otherwise comply with the section upon demand by the city; upon failure to do so, the violator shall pay the costs incurred by the city in connection with its removal or abatement. Section 4. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 7.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor The following is the official summary of Ordinance No. City of Eagan on ORDINANCE NO. as approved by the City Council of the 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY" BY AMENDING SECTION 7.05 REGARDING DISCHARGES INTO CITY STORM -SEWER SYSTEM; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99 Section 7.05 is amended to regulate and enforce illegal discharges into the City storm -sewer system. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. ORDINANCE NO, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.32 REGARDING OBSTRUCTIONS AND DUMPING ON PUBLIC PROPERTY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 The City Council of the City of Eagan does ordain: Section 1. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10.32, Subd. 3 to read as follows: Subd. 3. Dumping on public property. It is unlawful for any person to throw, deposit, place or cause to be placed on public property any household furnishings, appliances or parts or components thereof, vehicle parts or components, construction debris, dirt, earth, yard waste, garbage, refuse, kitchen waste, recyclables or other similar substances, sewage, petroleum products, antifreeze; including fluids leaking from vehicles, or to any water or other fluids thereon. It is unlawful for any person to release or discharge, directly or indirectly, illicit discharge, as defined in Chapter 7 of this Code, into any lake, stream, creek, pond (natural or man - .made), or Refuse and recyclables generated during the proper use of a public property facility and properly disposed of in designated refuse or recyclable receptacles at the same location is not a violation of this subdivision. Section 2. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10. 32, Subd. 6 to read as follows: Subd. 6 Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. A violation of this section shall be deemed a public nuisance. Any person who is in violation of this section shall immediately remove the obstruction, fill the excavation, recover or abate any illicit discharge in the City's municipal storm sewer system, or otherwise comply with the section upon demand by the city; upon failure to do so, the violator shall pay the costs incurred by the city in connection with its removal or abatement. Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. _ ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipiom Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.32 REGARDING OBSTRUCTIONS AND DUMPING ON PUBLIC PROPERTY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 Section 10.32 is amended to clarify the description and enforcement of unlawful dumping of materials. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Cleric at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. Agenda Information Memo February 17, 2015, Eagan City Council Meeting NEW BUSINESS A. Rezoning And Preliminary Subdivision— KJ Walk, Inc. Actions To Be Considered: To approve (or direct preparation of findings of Fact for Denial) a Rezoning from A, Agricultural, to R -1, Single - Family Residential, upon approximately 4.5 acres located at 540 Diffley Road. To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Subdivision (Case Estates) to create ten lots upon approximately 4.5 acres located at 540 Diffley Road, subject to the conditions listed in the APC minutes. Reauired Vote For Aooroval: ➢ Rezoning —At least three votes ➢ Preliminary Subdivision — Majority of Councilmembers present Facts. ➢ The unplatted property contains a single family home with an attached garage and detached accessory buildings. The home was constructed in 1957 and will remain on the proposed Lot 10. ➢ The property currently takes direct access from Diffley Road, as do the neighboring properties. ➢ The property to the east has an existing driveway access located on the subject property; the area is identified as an Outlot on the Plat. ➢ Access for the development is proposed via a new, temporary, cul -de -sac extending into the site from Diffley Road. When the property to the west develops, the direct access to Diffley Road will be removed and a frontage road constructed to the west where the right -of -way is provided with this development. ➢ The proposed Subdivision results in a density of 2.2 units per acre which is consistent with the Low Density residential land use designation. ➢ The proposed Subdivision will create 10 lots that all meet the R -1 bulk standard requirements. ➢ The Advisory Planning Commission held a public hearing on the proposed requests at the January 27, 2015 meeting and recommended approval on a 6 -0 vote on both requests, with an amended condition pertaining to the Outlot. Issues: The City Attorney has consistently advised against the creation of small Outlots as they tend to go tax forfeit; thus, the conditions of approval require the Outlot to be removed from the plat and the neighbor be granted continued access via a private easement agreement to be prepared in a manner acceptable to the City Attorney. ➢ Engineering staff has discussed the easement with Dakota County staff and both parties are in agreement on the easement option. 60 -Day Agency Action Deadline: March 1, 2015 Attachments: (6) NBA -1 Location Map NBA -2 Draft January 27, 2015, APC Meeting Minutes NBA -3 Planning Report NBA -4 Exhibits NBA -5 Public Correspondence NBA -6 Dakota County Plat Commission letter received January 30, 2015 c 0 N 'It ' T N T w 'o^^ V! �I Q N O y •L r ■ � uj an N ;:Wmq 0 no N O d N (D N c� Z 0 �' V d Z d 7 d O d CL i� - �' C_ �co p 3 �rT 00 ... n e Na M31ANA I Nntn ry P. Fr, U t? IIIIIIIIIIIIE SAW 1 a) N O LL O FN M il-) a) :.! h[r a I1 'rc a M Yt B 'ter $ t§ 3 t? _ urs a n bd oaa00o nr Rdnuius 4r > 1r i 7 H' •a rr^ .� r s. r. ILI C.. -, rr \ \, ii r L'• js - All, Al1OF4 Y ' - <) -'a Y Ic -yf(0 — S be �c^b lNOOaawa N S (n 'a a m L% U >� J ■ ° ®iC O LO O ' la c M il-) a) :.! h[r a I1 'rc a M Yt B 'ter $ t§ 3 t? _ urs a n bd oaa00o nr Rdnuius 4r > 1r i 7 H' •a rr^ .� r s. r. ILI C.. -, rr \ \, ii r L'• js - All, Al1OF4 Y ' - <) -'a Y Ic -yf(0 — S be �c^b lNOOaawa Advisory Planning Commission January 27, 2015 Page 3 B. Case Estates Applicant Name: Luke Israelson, KJ Walk, Inc. Location: 540 Diffley Rd; South of Diffley Rd between Dodd Rd and Hwy 3 Application: Rezoning A Rezoning of approximately 5 acres from A, Agriculture to R -1, Residential Single File Number: 25- RZ- 05 -12 -14 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 5 acres to create 10 single family lots and an outlot. File Number: 25- PS- 07 -12 -14 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 22, 2015. Chair Filipi opened the public hearing. Sheila Maddio, 4280 Hawksberry Circle, stated her concern regarding tree removal. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Prashad asked for clarification on the private easement requirement with the neighbor. City Attorney Bauer stated the outlot should be removed from the plat as small outlots tend to go tax forfeit. This could be added to condition #13. Secretary Piper asked about the neighbor's concerns related to high traffic volumes and the ultimate road design. Assistant City Engineer Nelson stated Diffley Road, an arterial County Road, has quite low volumes, especially in this area. The new traffic generated would be minimal and within standards. The County Plat Commission reviewed the subdivision request and is in agreement. He added that the site has topography constraints and the frontage road design to the western parcel is the preferred ultimate design. Member Sagstetter commented that condition #10 is intended to save some of the trees. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Rezoning of 4.5 acres from A, Agricultural to R -1, Single - Family residential, located at 540 Diffley Road. All voted in favor. Motion carried 6 -0. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Preliminary Subdivision to create 10 single - family lots and an outlot upon approximately 4.5 acres located at 540 Diffley Road, subject to the following conditions, as amended. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B27 B37 B41 C1, C21 C3, C4, E1, F1, G1 and L1 2. The property shall be platted. Advisory Planning Commission January 27, 2015 Page 4 3. The detached accessory buildings located on Lot 9 shall be removed prior to issuance of any Building Permits for the new subdivision. 4. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to Final Subdivision approval. 5. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 6. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 8. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this Final development. Well sealing records shall be 9. The existing home shall connect to City water when the water main is extended into the development. 10. The proposed storm sewer shall be re- aligned to save the 74.6" diameter cottonwood tree. A revised Storm Sewer plan shall be submitted, in a form acceptable to the City Engineer. 11. Stormwater rate analysis shall be provided by the developer to clearly demonstrate that all affected stormwater pipes are sized properly and adequate controls are put in place so the stormwater drainage system will not be overwhelmed and that the basin inlets are adequately protected from erosion from this development's additional flow. The analysis shall be provided in a form acceptable to the City Engineer. The developer shall be solely responsible for these costs. 12. The existing driveway shall be removed entirely from the current Diffley Road and future frontage road right -of -way, and the curb and gutter and boulevard restored in a manner acceptable to the City and County Engineer. 13. The outlot shall be removed from the Plat and the developer shall create a private easement agreement for the neighbor's existing driveway in a manner acceptable to the City Attorney and provide a copy of the executed agreement to the City prior to any Building Permits being issued for the new subdivision. 14. The developer shall be responsible for acquiring all outside agency permits and approvals. 15. This development shall be subject to a cash parks dedication for the nine new parcels payable at the time of Final Subdivision at the rates then in effect. Advisory Planning Commission January 27, 2015 Page 5 16. This development shall be subject to a cash trails dedication for the nine new parcels payable at the time of Final Subdivision at the rates then in effect. 17. The developer shall submit a revised Tree Mitigation plan at time of Final Subdivision that fulfills tree mitigation requirements through the installation of thirty -eight (38) Category B trees or an equivalent number of larger Category A trees ( >= 4" caliper deciduous trees or > =12' height coniferous trees). 18. Mitigation trees shall not be installed in any public easement area. 19. The developer shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to 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. 20. The developer 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. 21. The developer shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the homes (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. All voted in favor. Motion carried 6 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 22, 2015 CASE: 25- RZ- 07- 12 -14; 25- PS- 05 -12 -14 (Revised February 10, 2015) APPLICANT: KJ Walk, Inc. HEARING DATE: January 27, 2015 PROPERTY OWNER: Raymond and Peg Bohn REQUEST: Rezoning /Preliminary Subdivision LOCATION: 540 Diffley Road APPLICATION DATE: L eeember 17, 2014, December 31, 2014 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: LD, Low Density ZONING: A, Agricultural SUMMARY OF REQUEST The developer is requesting approval of a Rezoning of 4.5 acres from A, Agricultural to R -1, Single- Family Residential, and a Preliminary Subdivision to create 10 single - family lots and an outlot located at 540 Diffley Road, 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. Planning Report — Case Estates January 27, 2015 Paee 2 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, Co 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, environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of 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 Lalce 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 Planning Report — Case Estates January 27, 2015 Page 3 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 Cleric to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The property abuts single - family homes to the south, east and west and is adjacent to Diffley Road to the north. EXISTING CONDITIONS The 4.5 acre parcel is unplatted and contains a single family home with attached garage and multiple detached accessory buildings. The existing home was constructed in 1957 and will remain on Lot 10. The site slopes significantly from southwest to northeast with elevations ranging from 880 to 835. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The developer is proposing to subdivide the site into 10 single - family lots ranging in size from 12,003 sq. ft. to 24,143 sq. ft. and one outlot. The existing single - family home will remain; however, the detached accessory structures will be removed. Access will be provided via a new cul -de -sac extending into the site from Diffley Road. The property identified as information). to Existium Use Zoning Land Use Designation North Diffley Rd N/A N/A South Single Family Residential R -1, Single - Family Residential LD, Low Density East Single Family Residential R -1, Single - Family Residential LD, Low Density West Single Family Residential A, Agricultural LD, Low Density EVALUATION OF REQUEST Description of Proposal — The developer is proposing to subdivide the site into 10 single - family lots ranging in size from 12,003 sq. ft. to 24,143 sq. ft. and one outlot. The existing single - family home will remain; however, the detached accessory structures will be removed. Access will be provided via a new cul -de -sac extending into the site from Diffley Road. The property identified as information). to the east has an existing driveway access located on this property which is an Outlot on the Plat (see Streets /Access /Pedestrian Circulation section for more Planning Report — Case Estates January 27, 2015 Page 4 Compatibility with Surrounding Area — The proposed single - family use is consistent with surrounding development, which consists of single - family residential homes. The surrounding area is zoned A, Agricultural or R -1, Single - family Residential and guided for LD, Low Density residential, development. Airport Noise Considerations — The subject site is outside the Noise Policy Zones for the airport. Density — The proposed 10 lots upon 4.5 acres results in a density of 2.2 units per acre. This is consistent with the LD Low Density residential land use designation which permits density of 0 -4 units per acre. Lots — Each lot meets the minimum lot width of 85' wide at the 30' minimum setback line. The lots are a minimum of 114 feet deep and exceed 12,000 sq. ft. in size. Setbacks — R -1 setbacks will apply to all of the lots. Minimum required setbacks are 30 feet from the new public street, and 10 feet from side lot lines (5 feet for garage) and 15 feet from rear lot lines. In addition, a setback of 50 -feet or 120 -feet from right -of -way centerline (whichever is greater) from Diffley Road (a B Minor Arterial street) applies to Lot 1. Right -of- way for a future frontage road lies between Lot 10, the existing home, and Diffley Road. The Telecommunications — The City of Eagan created the Eagan Technology Task Force in February 2004. This group was charged with researching and providing recommendations relative to broadband and fiber optic telecommunications networks within the community. The Task Force created a report that was presented to the Eagan City Council in December 2004. Part of the Policy Framework states: The City should establish and maintain an environment to encourage and provide state of the art and diverse telecommunications infrastructures to assist in the recruitment and retention of residents, organizations and businesses of all sizes. Recognizing that telecommunications is central to economic development and quality of life, the City needs to maintain an ongoing effort to ensure that Eagan stays competitive in this important area. Due to the proposed development of this site, the developer has an opportunity to introduce these technologies in its development plans so that it is consistent with the Policy Framework statement above. Grading/Topography — The preliminary Grading Plan is acceptable, with modification. The site has not been previously graded and has moderate wooded areas throughout the site with many mature specimen trees. Significant grading will be required to prepare the site for development. A private retaining wall is shown on Lot 7 to accommodate the house construction on that lot. Planning Report — Case Estates January 27, 2015 Page 5 All erosion /sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion /sediment control devices, and the establishment of vegetation for the development, should have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. Storm Drainage — The preliminary Storm Drainage Plan is acceptable, with modifications. The entire site lies within Drainage District J (as designated in the City Storm Water Management Plan — 2007), and generally flows to a series of ponds (JP26.2A and JP26.213) on the north side of Diffley Road. Storm water runoff from the development will drain via the street into an on- site storm sewer system and into an existing storm sewer pipe that crosses Diffley Road. The proposed storm sewer should be re- aligned to save the 74.6" diameter cottonwood tree. Utilities — The preliminary Utility Plan is acceptable, with modification. Lateral sanitary sewer and water - main -oFf- sufficient size-,-depth, an&capaeity- are - available- along-the - soutlrboulevard Of Diffley Road. Sanitary sewer District C (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Records indicate the existing home is connected to City sewer, but not City water. The existing home should connect to City water when the water main is extended into the development. Any existing wells or septic systems will no longer be needed with development of the site. The developer should be responsible for abandonment of these facilities in accordance with City and County standards, and well sealing records provided to the city. Streets /Access /Pedestrian Circulation — Diffley Road (CSAH 30), along the north edge of the site, is a two -lane undivided arterial roadway. The Dakota County Plat Commission is scheduled to review the plat for this development on January 26 (after this report is released). This property is subject to the permit and access restrictions as required by Dakota County. Following Dakota County's access spacing guidelines, the ultimate location for an access for new development in this area is across from Countryside Drive, approximately 240' west of this development. Because the property to the west is not currently developing, preliminary indications are that the County will allow this cul -de -sac to directly access Diffley Road on a temporary basis. When the property to the west develops, the access will be removed and a frontage road constructed to the west. Adequate right -of -way is being provided with this development for the future right -of -way. The existing house on this property currently takes access onto Diffley Road. The proposed development relocates the driveway for the existing house onto the new cul -de -sac. The existing driveway should be removed entirely from the current Diffley Road and future frontage road Planning Report — Case Estates January 27, 2015 Page 6 right -of -way, and the curb and gutter and boulevard restored in a manner acceptable to the City and County Engineer. The neighboring property to the east (530 Diffley Road) has an existing driveway that is located on the proposed development site. As with past developments, any existing encroachments are addressed with new development. The developer currently proposes to address the encroachment by creating an Outlot over the driveway and deeding the land to the neighboring property. City staff suggests the developer should create a private easement for the driveway in a manner acceptable to the City Attorney. The only existing pedestrian facilities in this area are along the north side of Diffley Road. The long term City plan is to construct a trail along the south side of Diffley Road to the east to connect to the sidewalk along Hawthorne Woods Drive, and potentially extend it to TH 34 Easements /Right -of -Way — There is currently approximately 120' of right -of -way along Diffley Road. It is not anticipated any additional right -of -way will be required; however, the Dakota County Plat Commission is scheduled to discuss this plat on January 26 (after this report is released. City right -of -way is being provided adjacent to Diffley Road for the construction of a future frontage road between the cul -de -sac and the property line to the west. The developer should be responsible for acquiring all outside agency permits and approvals. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Stormwater Management /Water QualitX — The proposed development results in 1.2 acres of new impervious surface on the 3.79 acre site which had previously not met City stormwater requirements. Runoff from the site's proposed impervious area would flow off -site, through the public stormwater system, directly to JP- 26.2B, a regional constructed stormwater basin, which then overflows to JP- 26.2A, a regional constructed stormwater basin that is a large infiltration basin, which rarely overflows to the next basin (JP -26.3) within the Fish Lake watershed. Due to the available capacity of the downstream regional constructed basins and their typically non - contributing status within the Fish Lake watershed, the typical stormwater requirements will not be required for this specific development proposal. However, an analysis should be provided by the developer to clearly demonstrate that all affected stormwater pipes are sized properly and adequate controls are put in place so the stormwater drainage system does not get overwhelmed and that the basin inlets are adequately protected from erosion from the development's additional flow. The developer should be solely responsible for these costs. Tree Preservation — A tree inventory submitted with this application indicates the existence of 158 significant trees. The development, as proposed, will result in the removal of eighty -two (82) significant trees (51.9% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single - phase, multiple- Planning Report — Case Estates January 27, 2015 Page 7 lot, residential) is set at 40.0% of the total significant trees. With a proposed removal which exceeds the allowable amount, tree mitigation calculates to thirty -eight (38) Category B trees (or an equivalent combination of Category A and /or C trees). The developer has submitted a Tree Mitigation Plan that does not fulfill the required tree mitigation of thirty -eight (38) Category B trees. A revised Tree Mitigation Plan should be submitted at time of Final Subdivision that identifies the correct number of required mitigation trees and provides for proper spacing of said trees at mature crown growth. Forestry staff recommends this be accomplished by installation of an equivalent number of larger size (e.g. one Category A tree equals two Category B trees). Mitigation trees cannot be installed in street or utility right -of -ways. Additionally, the submitted Tree Preservation Plan indicates proposed grade limits that encroach upon proposed preserved trees critical root zones. According to the City of Eagan Tree Preservation Ordinance, Section C5a (Required Protective Measures), installation of tree protective measures shall be placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater. If the tree protection fence cannot be placed and maintained at the required distance (from preserved trees), then these trees must be considered as removed. Proposed grade limits should be revised and approved by City Forestry staff prior to construction. Financial Obligation t� — At this time, there are no pending assessments on the parcels included with this development. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of Final Plat or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or platting. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the Final Subdivision or Plat, with due allowances for easements and right -of -way required with the plat: Improvement Use Rate Quantity Amount Sanitary Sewer - Trunk R1 $1,462.90/ lot 9 lots(existing house previously paid) $13,166 Water Trunk - Trunk RI $1,526.00/ lot 10 lots $15,260 Storm Sewer - Trunk R1 $0.10 /S.F. 1553509 S.F. $15,551 Total $43,977 Parks and Recreation — This development shall be responsible for a cash park dedication and a cash trail dedication for the newly created lots based on the rates in effect at the time of Final Subdivision. Planning Report — Case Estates January 27, 2015 Page 8 SUMMARY /CONCLUSION The developer is requesting approval of a Rezoning from A, Agricultural to R -1, Residential Single Family and a Preliminary Subdivision (Case Estates) to create 9 new (10 total) single family lots and an Outlot upon 4.5 acres located at 540 Diffley Road. As proposed, the lots will comply with R -1 standards and is consistent with low density residential. Access into the site is proposed via a new cul -de -sac from Diffley Road. Sewer and water also will be extended into the site. Any existing well and septic on the site will need to be properly abandoned. The neighboring property to the east (530 Diffley Road) has an existing driveway that is located on the proposed development site. The developer proposes to address the encroachment by creating an Outlot over the driveway and deeding the land to the neighboring property; however, City staff suggests the developer should create a private easement agreement for the neighbor's existing driveway in a manner acceptable to the City Attorney. Storm water runoff would flow off -site, to a regional constructed stormwater basin. Tree preservation standards are unsatisfied and require mitigation. Cash park and trail dedications rates then in effect. ACTIONS TO BE CONSIDERED To recommend approval of a Rezoning of 4.5 acres from A, Agricultural to R -1, Single - Family residential, located at 540 Diffley Road. To recommend approval of a Preliminary Subdivision to create 10 single - family lots and an outlot upon approximately 4.5 acres located at 540 Diffley Road. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B2, B3, B4, C1, C2, C3, C4, E1, F1, G1 and L1 2. The property shall be platted. 3. The detached accessory buildings located on Lot 9 shall be removed prior to issuance of any Building Permits for the new subdivision. 4. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to Final Subdivision approval. 5. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Planning Report — Case Estates January 27, 2015 Page 9 Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 6. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer, 7. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 8. 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. Well sealing records shall be provided to the City. 9. The existing home shall connect to City water when the water main is extended into the development. 10. The proposed storm sewer shall be re- aligned to save the 74.6" diameter cottonwood tree. 11. Stormwater rate analysis shall be provided by the developer to clearly demonstrate that all affected stormwater pipes are sized properly and adequate controls are put in place so the stormwater drainage system will not be overwhelmed and that the basin inlets are adequately protected from erosion from this development's additional flow. The analysis shall be provided in a form acceptable to the City Engineer. The developer shall be solely responsible for these costs. 12. The existing driveway shall be removed entirely from the current Diffley Road and future frontage road right -of -way, and the curb and gutter and boulevard restored in a manner acceptable to the City and County Engineer, 13. The developer shall create a private easement agreement for the neighbor's existing driveway in a manner acceptable to the City Attorney and provide a copy of the executed agreement to the City prior to any Building Permits being issued for the new subdivision. 14. The developer shall be responsible for acquiring all outside agency permits and approvals. 15. This development shall be subject to a cash parks dedication for the nine new parcels payable at the time of Final Subdivision at the rates then in effect. 16. This development shall be subject to a cash trails dedication for the nine new parcels payable at the time of Final Subdivision at the rates then in effect. Planning Report — Case Estates January 27, 2015 Page 10 17. The developer shall submit a revised Tree Mitigation plan at time of Final Subdivision that fulfills tree mitigation requirements through the installation of thirty -eight (38) Category B trees or an equivalent number of larger Category A trees ( >= 4" caliper deciduous trees or > =12' height coniferous trees). 18. Mitigation trees shall not be installed in any public easement area. 19. The developer shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to 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. 20. The developer 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, 21. The developer shall submit a proposal /infrastructure plan to be approved by staff to third party providers to install FTTH within the development. A, Be STANDARD CONDITIONS OF PLAT APPROVAL 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, Easements and Rights -of -Wax 1. This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -ofway 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 storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development, 30 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, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. Ce 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, 26 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 permanent cuWe� sac, or temporary cuWowsac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights -of way as required by the alignment of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 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 public improvement project and associated contract must be awarded 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 Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council, G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as allowed under the City's tree preservation ordinance and as approved by the City Council, I e Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. I. Wetlands Protection and Management i F 14 This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. I Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and /or Buffer Zone. Ke Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. L, Mailboxes 1. The construction and location of all mailbox supports shall be in accordance with the United States Postal Service policies and regulations for centralized delivery, and the locations shall be approved by the City Engineer and be identified in the final constructions plans for the development. Advisory Planning Commission Approved: August 25, 1987 City Council September 15, 1987 Revised: Julp 10,1990 Revised:. 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IN Ni 4 `.. x�t V y \ Ni pl IN 6 F \ \y Tt TREE PLANTING NOTES: 50"10 M0110 si * TREES MINIMUM S' FROM PROPERTY LINE "TREES STAGGERED WITH 15' SPACING I ANOSLAPF PI ANTI N6 CONNANNAMF ICT SIZE 9 NORWAVSPRII[E PICFAA01F5 8' C ANIUNN BLAZE MADE Lfl 2.5' 10 ACER"UtTANOIDES _ 3° TOTAL 0°� N H TotalOamelet5av4 12W ¢ Total Diameter Remove 1036' 34:Fair � W h C )- x_N � my W Catimme -fl" Replacement Tree Required 22 E a w L° v m Category-B's Replacement Tree Planted .28 11,11% Excellent U v _ v� 0 �F 1 \' -) IiOUTLOTA - O w jY t. yy 1 \�Q " F J I [ r so L7$ EXISTIJJ III r I° e IN +.) 'SLOGS I ,- / r r; �- . � ��I) ' ¢`A • 1. tr;l. / N. IN Ni 4 `.. x�t V y \ Ni pl IN 6 F \ \y Tt TREE PLANTING NOTES: 50"10 M0110 si * TREES MINIMUM S' FROM PROPERTY LINE "TREES STAGGERED WITH 15' SPACING I ANOSLAPF PI ANTI N6 CONNANNAMF 80TANICALNAME SIZE 9 NORWAVSPRII[E PICFAA01F5 8' 10 ANIUNN BLAZE MADE I ACER X FREENANII''JEFFERSREW 2.5' 10 COWMNAREREDANAN ACER"UtTANOIDES 2.5' R TOTAL 28 a,q x84 wl EXISTINGTREE ANDTAG NUMBER ii EXISTINGTREETO BE REMOVED NORWAY SPRUCE (10 TREES) AUTUMN BLAZE MAPLE (10TREES) � Total Sigatfltanillon -. `. Iu Total Diameter Trees nAW Condition: TotalOamelet5av4 12W 1 -2: Poor Total Diameter Remove 1036' 34:Fair Allowed Removal Diameter 924"i 5m6:6oud Catimme -fl" Replacement Tree Required 22 7a.very Bood )A5 a13.L: R Category-B's Replacement Tree Planted .28 11,11% Excellent 1 i TREE PLANTING WAA No 10 tests LEGEND ® UNDISfURBEDAREA wl EXISTINGTREE ANDTAG NUMBER ii EXISTINGTREETO BE REMOVED NORWAY SPRUCE (10 TREES) AUTUMN BLAZE MAPLE (10TREES) � COLUMNAR MAPLE (B TREES) IN BENCHMARK T.N.H. SOUTHEAST QUADRANT OF DIFFLEY ROAD AND BROOKVIEW COURT- ELEV. 842.19 To, City of Egan Date: 12/16/2014 Project Name: Case Estates Re: Rezoning of 540 Diffley Road CC: Raymond and Peg Bohn 6001 Egan Drive Suite 100 Savage, MN 55378 From: ICJ Walk, Inc. 6001 Egan Drive Suite 100 Savage, MN 55378 The following is a brief narrative addressing the questions asked in the rezoning checklist. • The Comprehensive Guide Plan designates this property for low density residential, which matches the proposal. • The current zoning is Agricultural and we are proposing an R -1 residential zoning. • We are proposing a single phase development of ten lots, one lot will contain the current homestead and 9 lots will be for new homes. We are planning for an eariv summer start construction schedule of 3 months for final completion of the development. • The existing use of the property is residential. • The surrounding land uses and zoning are as follows: o Northwest Is R -1 residential. o Northeast is NB commercial. o East and south are R -1 residential. o West is agricultural being used for large lot residential. The rezoning of the property will allow for an increase in the housing density to match that of the properties to the Northwest, east and south. The properties to the west are agricultural, however they are currently being used for residential and are guided for the same low density residential. The owners of the properties to the west were approached but currently have no Interest in developing their property as a part of this project. While assessing the developability of the adjacent properties it is evident that the properties to the west will be very challenging to develop due to the steep slopes that they contain. The current owners of the subject property will be keeping the lot which will be platted containing their house and will continue to live on the property. The access to Bethel Court off of Diffley Road does not line up with an access across the street so there will be a 50' access easement platted along Diffley to the west to allow for future connection if the properties to the west ever do develop, which would allow for the accesses onto Diffley Road to be reconfigured to meet Dakota county access guidelines. The storm sewer system will connect to an existing 21" RCP line located on the north side of the property and convey the storm water into a large stormwater pond on the north side of Diffley Road for treatment. It was indicated in the meeting with city staff that this was agreeable as the pond has ample capacity and could benefit from additional runoff to help maintain the normal water level. Sanitary sewer and watermain are located on the south side of Diffley Road and should require excavation only into the shoulder of Diffley Road, so there will be only minor impacts to traffic during the connection to city utilities. It is my understanding that the utilities have capacity available for this project. The requested land use makes better use of the land by providing an opportunity for additional people to have homes in the city of Eagan and by meeting the Comprehensive Guide Plan'use of the property. I look forward to working with the city of Eagan in the approval process to complete this development in an excellent and efficient way, if there are any questions or comments please feel free to contact me at: 6001 Egan Drive, Suite 100 Savage, MN o: 952- 226 -3200 m: 952.826.9068 e: luke @kjwalk,com Respectfully, Luke Israelson, PE Sarah Thomas From: Mike Ridley Sent: Monday, January 26, 2015 757 AM To: Sarah Thomas; Aaron Nelson Cc: Julie Strid;'Robert Bauer' (RBauer @DMSHB,com) Subject: FW: APC Letter (Regarding 540 Diffley Road- Rezoning /Preliminary Subdivision) FYI Michael J. Ridley, AICP I City Planner I City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651- 675.56501651- 675.5694 (Fax) I m rid ley(ftityofeagan.com my or Rain THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: Hana Heuer Finailto :heuer084@morris.umn,edu] Sent: Sunday, January 25, 2015 11:23 PM To: APC Subject: APC Letter (Regarding S40 Diffley Road- Rezoning /Preliminary Subdivision) To Whom it May Concern, As a landowner at 550 Diffley Road, I am highly opposed to the request for rezoning and the preliminary subdivision of 540 Diffley Road, (File Numbers: 25- RZ- 05 -12 -14 and 25- PS- 07- 12 -14) I have lived off of Diffley Road for 18+ years and can personally attest to the high traffic volume that already exists on the road. Adding 10 homes onto Diffley Road would greatly increase the already high traffic rates which raises concern about public safety. The quality of life for the current homeowners on Diffley Road and in the surrounding area would be negatively impacted by implementing this plan. Sincerely, Hana Heuer 1 Sarah Thomas From: Mike Ridley Sent: Monday, January 26, 2015 3:56 PM To: Sarah Thomas Cc: 'Robert Bauer' (RBauer @DMSHB.com); Julie Strid Subject: FW: Public Hearing Notice Rezoning File Number 25- RZ- 05 -12 -14 FYI From: maryheuer@comcast.net [ma !Ito :maryheuer(acomcast. net ] Sent: Monday, January 26, 2015 3:44 PM To: APC Cc: Heuer, Mary Subject: Public Nearing Notice Rezoning File Number 25 -RZ- 0542 -14 To Whom It May Concern regarding Rezoning at 540 Diffley I live at 580 Diffley Road, which is two driveways west of 540 Diffley Road. I feel strongly about not having this rezoned in order to build ten houses on Diffley Road. Diffley Road is already too congested in the morning and evening during rush hours. It is difficult to get out of my driveway already, at these times. Adding approximately twenty cars to this traffic, does not sound like a wise decision. The cars will be needing to exit and enter in a narrow strip on Diffley and it will cause more congestion on County Road 3 and Diffley Road. Dodd and Diffley is prone for accidents, with the four way stop. Adding at least twenty more cars to this intersection, will increase the amounts of accidents. Sincerely, Mary Heuer (651= 261 -3018) cell 1 114 A Dakota County Surveyor's Office Western Service Center 14955 Galaxie Avenue • Apple Valley, MN 55124 952.891 -7087 Fax 952.891 -7127 • www.co.dakota.mn.us January 30, 2015 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: CASE ESTATES The Dakota County Plat Commission met on January 26, 2015, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CSAH 30, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed plat includes 10 single family lots off CSAH 30. The right -of -way needs for a four -lane undivided roadway or 3 -lane roadway are 60 feet of half right of way. There is one access shown along CSAH 30 to the proposed site (Brookview Court). This access location does not meet the access spacing guidelines of % -mile. The Plat Commission will allow the Brookview Court access to CSAH 30 as a temporary access until development occurs to the west. When developed to the west, access to Brookview Court should be via the frontage street along CSAH 30 (as shown on the proposed plat) and the temporary access removed along CSAH 30. The Plat Commission had some concerns with the existing shared driveway access on the easterly property line that has access to CSAH 30. The Plat Commission discussed the need for the driveway access to be removed from CSAH 30 and be changed to access to Brookview Court through this proposed plat. Restricted access should be shown along all of CSAH 30 and a temporary permit will be required through Dakota County Permitting. A quit claim deed to Dakota County for access restriction is required at the time of recording the plat mylars. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on CSAH 30 are 5,600 ADT and are anticipated to be 7,500 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County's rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891 -7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: Agenda Information Memo February 17, 2015, Eagan City Council Meeting NEW BUSINESS Be Preliminary Subdivision And Variances — Norton Homes, I.I.C. Actions To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Subdivision (Stone Run) to create seven lots upon approximately 4.6 acres located at 4865 Pilot Knob Road, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) Variances (length of cul -de -sac and grade of street) for property located at 4865 Pilot Knob Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The unplatted property contains a single family home with a detached garage and accessory buildings. The buildings would be razed to allow for development. ➢ The property currently takes access from Pilot Knob Road. ➢ Access is proposed via extension of Steeplechase Way, an existing public street. ➢ The proposed Subdivision will create 7 lots which meet all R -1 bulk standard requirements. ➢ Site topography and limited access result in the requested Variances. ➢ Approval of the Subdivision will simultaneously constitute the approval of the Variances. ➢ The Advisory Planning Commission held a public hearing on the proposed requests at the January 27, 2015 meeting and recommended approval on a 6 -0 vote on the requests. Issues: None 60 -Day Agency Action Deadline: April 18, 2015 Attachments: (4) NBB -1 Location Map NBB -2 Draft January 27, 2015, APC Meeting Minutes NBB -3 Planning Report N1313-4 Exhibits Xo' s C ,0 a� 0 to b �o cd EGA L co o O Mn.M -,� Z ++ C �' v �Z O iL U N p LL p Fc N y C 7 y c o U a Y m p I� s J� N p LL p Fc N = V FTTI�a - navvagav s. - :::rya i bt tT% ) p lit, I O 6« 4Vr ��� � ^f '�- a1 1 A R'- sz:o7 tiE t 5 zp P< Ta u�l '`$ >j JP VIONVO ti- CL V y3'i, 19A 3 1t 4 V ..I p rd =�i z, Q oho 0 ERROR + M N OP" vp :s `t a'J Ca v �� Fv yy fl q r,7 i'a J r w C i R? fi 4 C ai C - IO '0 RPP ..N E t0 Avmme CIO - J`CA `p v r t s , ® (' -O IN tOildl'tE�ON'If`A ('Oa SONN lO�ld LEO I - C CO E;; f� PA 3NVl OatlH01 `d" A x - R d min N a L i :J 4 K' m I°. `� .i• ��. O v`3' R -•� d 7 - fl 1Kl a4 Fy a S l � t ::l L a 3 IP Y ..r i as Y a7, i noo aosaNwn ,r= 2H ni 4 :' J O t i - 4i',.. i °.I it P'l � e C.. y C 7 y c o U a Y m p s J� y 0 Lo = V FTTI�a - navvagav s. - :::rya i bt tT% ) p lit, I O 6« 4Vr ��� � ^f '�- a1 1 A R'- sz:o7 tiE t 5 zp P< Ta u�l '`$ >j JP VIONVO ti- CL V y3'i, 19A 3 1t 4 V ..I p rd =�i z, Q oho 0 ERROR + M N OP" vp :s `t a'J Ca v �� Fv yy fl q r,7 i'a J r w C i R? fi 4 C ai C - IO '0 RPP ..N E t0 Avmme CIO - J`CA `p v r t s , ® (' -O IN tOildl'tE�ON'If`A ('Oa SONN lO�ld LEO I - C CO E;; f� PA 3NVl OatlH01 `d" A x - R d min N a L i :J 4 K' m I°. `� .i• ��. O v`3' R -•� d 7 - fl 1Kl a4 Fy a S l � t ::l L a 3 IP Y ..r i as Y a7, i noo aosaNwn ,r= 2H ni 4 :' J O t i - 4i',.. i °.I it P'l � e C.. Advisory Planning Commission January 27, 2015 Page 6 C. Stone Run Applicant Name: Patrick Hiller, Norton Homes, LLC Location: 4865 Pilot Knob Road; West of Pilot Knob Rd and South of Cliff Road Application: Preliminary Subdivision A Preliminary Subdivision of approximately 4.6 acres to create 8 single family lots. File Number: 33- PS- 05 -11 -14 Application: Variance to the cul -de -sac length from 500 ft. to 700 ft.. File Number: 33- VA- 12 -12 -14 Application: Variance A Variance to street grade from 8% to 10 %. File Number: 33- VA- 13 -12 -14 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 22, 2015. Chair Filipi opened the public hearing. Mike Flynn, 4872 Richard Lane, questioned if the newly extended road would abut the existing barbed wire fence on the neighboring properties. Roger Aronson, 4876 Steeplechase Way, asked the proximity of the new pond to the property line. Assistant City Engineer Nelson stated the right -of -way for the new road will be 50 ft and the road with 28 ft, with an 11 ft boulevard on both sides of the road. There would be no grading on the neighbor's property for the pond and it will be designed to filtrate water quickly. Discussion occurred regarding condition #10 regarding a "physical barrier" Assistant City Engineer Nelson provided additional information and explained the two separate stormwater features being a pond and infiltration basin. He stated the barrier has been used elsewhere and is effective. He also addressed street grade and water runoff. Discussion occurred regarding condition #25. Planner Thomas explained the City Forester was working with the applicant on that item. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Preliminary Subdivision to create seven single - family lots upon approximately 4.6 acres located at 4865 Pilot Knob Road, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 131, 1321 B3, 1347 C1, C21 C31 C41 E1, F1, G1, H1 and L1. Advisory Planning Commission January 27, 2015 Page 7 2. The property shall be platted. 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to Final Subdivision approval. 4. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the construction and management of erosion /sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. Erosion control measures shall be installed and maintained in accordance with City Code and engineering standards. 7. 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. Well sealing records shall be provided to the City. 8. All retaining walls shall be located outside of drainage and utility easements. 9. The developer shall either install a traditional pond outlet and construct storm sewer to connect to the existing storm sewer at the intersection of Steeplechase Way and Wellington Way, or oversize the pond /infiltration basin to accommodate a minimum of a 100 year storm event, in a manner acceptable to the City Engineer. The developer shall include the construction of a physical subsurface barrier to prevent infiltrated storm water from migrating to the property to the south. The barrier's design shall be acceptable to the City Engineer. 10. The developer shall include the construction of a physical subsurface barrier to prevent infiltrated storm water from migrating to the property to the south, and the barrier's design shall be acceptable to the City Engineer. 11. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and 1/2" Volume Control on the site's impervious surface area. 12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of proposed infiltration basin for City review (cross - section, construction /protection /sequencing notes, sizing /volume tables, inlet, outlet details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during /after construction, to function as intended to meet City post- construction stormwater management requirements. These details shall be included in applicable plan sheet(s). The infiltration basin shall be off -line when at design volume (not on- line /flow- through), and with a maximum temporary ponding depth of 1.5'. The infiltration basin shall be planted with live plants (pots or plugs), rather than relying on seed alone. Advisory Planning Commission January 27, 2015 Page 8 13. The developer shall provide construction details of proposed stormwater pond for City review (cross- section, construction /protection /sequencing notes, sizing /volume tables, inlet/outlet /emergency overflow details, buffer planting details, etc.), to ensure the stormwater pond is properly designed and constructed according to the MPCA Stormwater Manual, and adequately protected during /after construction, to function as intended to meet City post - construction stormwater management requirements. The emergency overflow route shall not flow across neighboring private properties. These details shall be included in applicable plan sheet(s). 14. The developer shall provide adequately sized pre - treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all stormwater management facility inlets (pond /infiltration basin) to provide for effective capture and easily - accessible cleanout of fine - sand sized particles. These details shall be included in applicable plan sheet(s) in a form acceptable to the City Engineer. 15. The developer shall provide a minimum of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street - edge to all stormwater management facility inlets /outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance /excavation equipment for periodic maintenance access to the pond and infiltration basin. This should be an access easement, in a form acceptable to the City Attorney.. 16. During infiltration basin excavation and sub -soil work, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration basin sub -soils are suitable, capable and constructed to achieve infiltration within 48 hours, at the planned saturated soil infiltration rate (0.7- inch /hour) and basin depth (not to exceed 1.5 feet). 17. Before the City issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (pond /infiltration practice) conform to design and /or construction plans, as approved by the City. As -built volumes (for detention and retention) shall be provided for the stormwater management facilities (pond /infiltration practice). The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 18. The existing access onto Pilot Knob Road shall be removed, and the curb and gutter, boulevard, and trail restored in a manner acceptable to the City and County Engineer, 19. The developer shall dedicate right -of -way and provide a restricted access along Pilot Knob Road (CSAH 31), in accordance with Dakota County standards. 20. This development shall be subject to a cash parks dedication payable at the time of Final Subdivision at the rates then in effect. 21. This development shall be subject to a cash trails dedication payable at the time of Final Subdivision at the rates then in effect. 22. The developer shall submit a revised Tree Mitigation plan at time of Final Subdivision that fulfills tree mitigation requirements through the installation of seventy -four (74) Category B trees Advisory Planning Commission January 27, 2015 Page 9 or an equivalent number of larger Category A trees ( >= 4" caliper deciduous trees or > =12' height coniferous trees). 23.Mitigation trees shall not be installed in any public easement area. 24. The developer shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to 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. 25. The developer shall schedule a site meeting with adjacent landowners to address actions required to protect critical root zones of off -site trees. The City of Eagan Supervisor of Forestry shall attend this meeting. 26. The developer 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. 27. The developer shall be responsible for acquiring all outside agency permits and approvals. 28. The developer shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the homes (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. All voted in favor. Motion carried 6 -0. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Variance to the cul -de -sac length from 500 ft. to 700 ft. for property located at 4865 Pilot Knob Road, subject to the following conditions: 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. All voted in favor. Motion carried 6 -0. Member Piper moved, Member Prashad seconded a motion to recommend approval of a Variance to the street grade from 8% to 10% for property located at 4865 Pilot Knob Road, subject to the following conditions: 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. All voted in favor. Motion carried 6 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 22, 2015 APPLICANT: Norton Homes LLC CASE: 33- PS- 05- 11 -14; 33- VA- 12- 12 -14; 33- VA- 13 -12 -14 HEARING DATE: January 27, 2015 PROPERTY OWNER: Nancy Parslow APPLICATION DATE: December 17, 2014 Frank and Leann Lehman REQUEST: Preliminary Subdivision and Variance(s) LOCATION: 4865 Pilot Knob Road PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: LD, Low Density SUMMARY OF REQUEST Norton Homes LLC is requesting approval of: • Preliminary Subdivision (Stone Run) of 4.6 acres to create seven single- family lots; and • Variance to the cul -de -sac length from 500 ft. to 700 ft.; and • Variance to street grade from 8% to 10 %. The above requests pertain to property located at 4865 Pilot Knob Road, 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. Planning Report — Stone Run January 27, 2015 Page 2 B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council, C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court, 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." Planning Report — Stone Run January 27, 2015 Page 3 Variance: City Code Chapter 13, Section 13.40, 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, the 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 owner of property has 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. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands. structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. £ The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. BACKGROUND /HISTORY The property abuts single - family homes to the north, south and west and is adjacent to Pilot Knob Road to the east. EXISTING CONDITIONS The 4.6 acre parcel is unplatted and contains a single family home with a detached garage and multiple detached accessory buildings; the existing home was constructed in 1963. The site slopes significantly from northeast to southwest with elevations ranging from 1048 to 985. SURROUNDING USES The subject site is surrounded by Planned Development and Single- Family Residential zoned properties that are developed with single family homes. Planning Report — Stone Run January 27, 2015 Page 4 EVALUATION OF REQUEST Description of Proposal — The developer is proposing to subdivide the site into seven single - family lots ranging in size from 12,042 sq. ft. to 29,069 sq. ft. The existing structures will be razed for the new development. Access is proposed from Steeplechase Way, an existing public street, via Pilot Knob Road and will remove the direct access that currently exists to Pilot Knob Road. Com p ibility with Surrounding Area — The proposed single - family use is consi at stent with surrounding development, which consists of single- family residential homes. The surrounding area is zoned PD, Planned Development or R -1, Single- Family Residential and guided for LD, Low Density residential, development. Airport Noise Considerations — The subject site is outside the Noise Policy Zones for the airport. Densi — The proposed seven lots upon 4.6 acres results in a density of 1.5 units per acre. This is consistent with the LD Low Density residential land use designation which permits density of 0 -4 units per acre, lots are a minimum of 137 feet deep and exceed 12,000 sq. ft, in size. Lot 1 includes the proposed stormwater pond. Setbacks — R -1 setbacks will apply to all of the lots. Minimum required setbacks are 30 feet from the new public street, and 10 feet from side lot lines (5 feet for garage) and 15 feet from rear lot lines. In addition, a setback of 50 -feet or 125 -feet from right -of -way centerline (whichever is greater) from Pilot Knob Road (an A Minor Arterial street) applies to Lots 3 and 4. Telecommunications — The City of Eagan created the Eagan Technology Task Force in February 2004. This group was charged with researching and providing recommendations relative to broadband and fiber optic telecommunications networks within the community. The Task Force created a report that was presented to the Eagan City Council in December 2004. Part of the Policy Framework states: The City should establish and maintain an environment to encourage and provide state of the art and diverse telecommunications infrastructures to assist in the recruitment and retention of residents, organizations and businesses of all sizes. Recognizing that telecommunications is central to economic development and quality of life, the City needs to maintain an ongoing effort to ensure that Eagan stays competitive in this important area. Due to the proposed development of this site, the applicant has an opportunity to introduce these technologies in its development plans so that it is consistent with the Policy Framework statement above. Platming Report — Stone Run January 27, 2015 Paee 5 Grading /Topography — The preliminary grading plan is acceptable, with modification. The site has not been previously graded and has moderate wooded areas along the southern and south eastern portions of the site with many mature specimen trees. Significant grading and retaining walls will be required to prepare the site for development. The grading plan shows several retaining walls on the lots to provide usable yards and help manage lot drainage. The walls are shown on private property; however, some are within drainage and utility easements. The developer should re- locate all retaining walls to outside of drainage and utility easements. This can be accomplished near the infiltration basin by adjusting the boundary of the drainage and utility easement to 2' above the emergency overflow elevation (EOF), which is the 993' contour. All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion engineering standards. Storm Drainage — The preliminary storm drainage plan is acceptable, with modifications. The entire site lies within Drainage District L (as designated in the City Storm Water Management Plan — 2007), and generally flows to the southeast toward Jensen Lake. Storm water runoff from the development will drain via the street into an on -site storm sewer system to a constructed storm water pond and infiltration basin in the southwest corner of the site on Lot 1. The closest existing storm sewer that is available for connection to create an outlet for the pond /infiltration basin is located at the intersection of Steeplechase Way and Wellington Way, approximately 244' to the south. To create an outlet, new storm sewer would need to be extended and connected to the existing storm sewer to the south. This would require the eastern portion of the existing street and curb and gutter, the bottom part of two driveways, and a portion of the boulevard to be reconstructed in the development to the south. Direction has been given to the developer to either install a pond outlet and connect to the existing storm sewer to the south, or to oversize the pond /infiltration basin so stormwater does not leave the site. The developer did not desire to reconstruct the existing street and chose to oversize the pond. However, it appears the pond/infiltration basin was only sized to accormmodate a 10 year storm event (assuming the pond is dry) before overflowing onto Steeplechase Way and traveling overland into the existing storm sewer along Wellington Way. The developer should either install a traditional pond outlet or construct storm sewer to connect to the existing storm sewer at the intersection of Steeplechase Way and Wellington Way, or oversize the pond /infiltration basin to accommodate a minimum of a 100 year storm event, in a manner acceptable to the City Engineer. Planning Report — Stone Run January 27, 2015 Page 6 The high water level of the infiltration basin and stormwater pond is roughly the same elevation as the garage floor elevation, and approximately 10' higher than the basement floor elevation of the house to the south. There is a concern that water infiltrating from the infiltration basin and storm water pond may migrate to the neighbor's basement. The developer should include the construction of a physical subsurface barrier to prevent infiltrated storm water from migrating to the property to the south, and the barrier's design should be acceptable to the City Engineer. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Stormwater Management /Water Quality — The proposed development results in approximately 1.1 acres of new impervious surface on the site, which had previously not met City stormwater requirements. Runoff from the site's proposed impervious area would flow off -site, through the public stormwater system, directly to LP -56.1, a constructed stormwater basin for the Steeple Chase development, which then overflows to LP -56, a stormwater wetland, and is within the Jensen Lake watershed. This development should manage storm water on -site and protect water quality from this new development, in accordance with the current City's Post Construction Requirements (City Code Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and V2" Volume Control on the site's impervious surface area. The applicant proposes to meet 4.33 requirements through the construction of one stonnwater wet detention/water quality pond and one on -line infiltration basin. Eagan Water Resources staff have reviewed the proposed plans and modeling provided for stormwater management, and supporting soil boring information, and finds the proposed plans to meet City Code §4.33 stormwater requirements are acceptable with conditions to ensure infiltration capability, effective pond pretreatment, successful re- vegetation, safe basin overflow, construction oversight, and effective implementation. Utilities — The preliminary Utility Plan is acceptable, with modification. Lateral sanitary sewer and water main of sufficient size, depth, and capacity were stubbed to the site with construction of the Steeplechase development. Sanitary sewer District C (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. The existing well and septic systems will no longer be needed with development of the site. The developer should be responsible for abandomnent of these facilities in accordance with City and County standards. Planning Report — Stone Run January 27, 2015 Page 7 Streets /Access /Pedestrian Circulation — Pilot Knob Road (CSAH 31), along the east edge of the site, is a four -lane arterial roadway. The existing house on this property currently takes access onto Pilot Knob Road; however, Dakota County's access spacing guidelines do not provide for an access for a new development. The existing access onto Pilot Knob Road should be removed, and the curb and gutter, boulevard, and trail restored in a manner acceptable to the City and County Engineer. The ultimate access will be provided by extending Steeplechase Way, an existing stub street that was constructed with the Steeplechase development, and constructing a cul -de -sac at the top of the hill. The resulting cul -de -sac will be approximately 700' long, which exceeds the maximum 500' cul -de -sac length required by City Code. Much of the cul -de -sac would be fronted by rear yards with no driveway access, and an infiltration basin, so only a total of 11 homes are proposed to be served by the cul -de -sac (4 from the existing Steeplechase neighborhood). With the limited number of homes, no transportation related issues are anticipated with a 700' long cul -de -sac. Since the cul -de -sac would be constructed up a hill, a portion of the street would have a grade of 10 %, which exceeds the maximum 8% street grade required by city code for cul -de -sacs. Also, because there are no driveways proposed along the 10% grade portion of the street, and the street is south facing, which assists with ice control in the winter months, the short section of 10% grade of the street is not anticipated to have negative transportation effects. The Steeplechase development provided a temporary turn around in the boulevard on the east side of the road immediately south of this development. That property owner is currently using the turnaround as a basketball court. Typically, a developer would be required to remove the turnaround and restore the area with turf; however, the adjacent property owner may not want the turnaround removed. The developer should remove the turn around and restore the boulevard in a manner acceptable to the City Engineer, if desired by the adjacent property owner. There are no existing pedestrian facilities in the neighborhood and none are proposed for this development. There is a bituminous trail along the west boulevard of Pilot Knob Road; however, no direct access to the trail is proposed with this development and the steep grades limit the constructability of an ADA compliant pedestrian facility. Easements /Right -of -Way — There is currently approximately 124' of right -of -way for Pilot Knob Road, which is anticipated to be upgraded to a 6 -lane roadway sometime in the future. The Dakota County Plat Commission reviewed the plat on December 1, 2014, and determined 75' of half right -of -way necessary adequate and required the plat to include a restricted access along Pilot Knob Road. The developer proposes to dedicate the required amount of required additional right -of -way. The developer should dedicate right -of -way and provide a restricted access along Pilot Knob Road (CSAH 31), in accordance with Dakota County standards. The developer should be responsible for acquiring all outside agency permits and approvals. Planning Report — Stone Run January 27, 2015 Page 8 Tree Preservation — A tree inventory submitted with this application indicates the existence of eighty 80 significant trees. The development, as proposed, will result in the removal of fifty - eight (58) significant trees (72.5% 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, residential) is set at 40.0% of the total significant trees. With a proposed removal which exceeds the allowable amount, tree mitigation calculates to seventy -four (74) Category B trees (or an equivalent combination of Category A and /or C trees). The applicant has submitted a Tree Mitigation Plan that fulfills the required tree mitigation through the installation of eighty -two (82) Category B trees; however, a revised Tree Mitigation Plan should be submitted at time of Final Subdivision that identifies the correct number of required mitigation trees and provides for proper spacing of said trees at mature crown growth. Forestry staff recommends this be accomplished by installation of fewer trees of larger size (e.g. one Category A tree equals two Category B trees). Also, mitigation trees cannot be installed in street or utility right -of -ways. Additionally, the developer should ensure the preservation of saved trees via protection of the preserved individual tree's critical root zones through the placement of required Tree Protective measures per City Code requirements. Financial Obli ag tion — At this time, there are no pending assessments on the parcels included with this development. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final plat or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or platting. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right -of -way required with the plat: Improvement Use Rate Quantity Amount Sanitary Sewer - Trunk R1 $1,462.90/ lot 7 lots $10,240 Water Trunk - Trunk RI $1,526.00/ lot 7 lots $1082 Storm Sewer - Trunk RI $0.10 /S.F. Prev. Paid Prev. Paid Total $203922 Parks and Recreation — This development shall be responsible for a cash park dedication and a cash trail dedication for the newly created lots based on the rates in effect at the time of Final Subdivision. Planning Report — Stone Run January 27, 2015 Page 9 VARIANCE Variance Criteria — The Subdivision Ordinance states the City Council may grant Variances fi4om the strict application of the provisions of the applicable Code provisions and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of such Code provisions. The surrounding area is developed with similar residential development and, while Variances to the Subdivision design requirements are not frequently requested, the City Council has approved similar requests in the past. As discussed earlier, it does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public and the developer has requested the minimum variance to alleviate the practical difficulty. Further, as the developer describes in the project narrative, the location of the existing stub street and site topography limit the flexibility of design which is an existing circumstance that does not result fiom their own action. Applicant's Practical Difficulties — The stated practical difficulty is that the existing road stub access (through the Steeplechase Development) limits the ability to otherwise utilize the site and SUMMARY /CONCLUSION The applicant is requesting approval of a Preliminary Subdivision (Stone Run) to create seven single family lots upon 4.6 acres located at 4865 Pilot Knob Road. As proposed, the lots will comply with R -1 standards and is consistent with low density residential. Access into the site is proposed via an extension of Steeplechase Way. Sewer and water also will be extended into the site. Any existing well and septic on the site will need to be properly abandoned. On -site retention and water quality ponding is proposed, with storm runoff discharging into a constructed stormwater basin. Tree preservation standards are satisfied through mitigation. Cash park and trail dedications will be required for the net increase of six lots, payable at the time of Final Subdivision at the rates then in effect. The conditions resulting in the requested Variances do not appear to be a result from the actions of the applicant and appear to be the minimum Variance which would alleviate the practical difficulty. ACTIONS TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create seven single - family lots upon approximately 4.6 acres located at 4865 Pilot Knob Road. If approved, the following conditions should apply: Planning Report — Stone Run Januaiy 27, 2015 Page 10 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, B4, Cl, C2, C3, C4, E1, F1, G1, H1 and L1. 2. The property shall be platted. 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to Final Subdivision approval. 4. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the construction and management of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. and engineering standards. 7. 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. Well sealing records shall be provided to the City. 8. All retaining walls shall be located outside of drainage and utility easements. 9. The developer shall either install a traditional pond outlet and construct storm sewer to connect to the existing storm sewer at the intersection of Steeplechase Way and Wellington Way, or oversize the pond /infiltration basin to accommodate a minimum of a 100 year storm event, in a manner acceptable to the City Engineer. The developer shall include the construction of a physical subsurface barrier to prevent infiltrated storm water from migrating to the property to the south. The barrier's design shall be acceptable to the City Engineer, 10. The developer shall include the construction of a physical subsurface barrier to prevent infiltrated storm water from migrating to the property to the south, and the barrier's design shall be acceptable to the City Engineer. Planning Report - Stone Run January 27, 2015 Pave 11 11. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and %" Volume Control on the site's impervious surface area. 12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of proposed infiltration basin for City review (cross- section, construction /protection/sequencing notes, sizing /volume tables, inlet, outlet details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during/after construction, to function as intended to meet City post - construction stormwater management requirements. These details shall be included in applicable plan sheet(s). The infiltration basin shall be off -line when at design volume (not on -line /flow- through), and with a maximum temporary ponding depth of 1.5'. The infiltration basin shall be planted with live plants (pots or plugs), rather than relying on seed alone. 13. The developer shall provide construction details of proposed stormwater pond for City review (cross- section, construction /protection/sequencing notes, sizing /volume tables, inlet /outlet /emergency overflow details, buffer planting details, etc.), to ensure the stormwater pond is properly designed and constructed according to the MPCA Stormwater Manual, and adequately protected during /after construction, to function as intended to meet City post - construction stormwater management requirements. The emergency overflow route shall not flow across neighboring private properties. These details shall be included in applicable plan sheet(s). 14. The developer shall provide adequately sized pre - treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all stormwater management facility inlets (pond /infiltration basin) to provide for effective capture and easily - accessible cleanout of fine -sand sized particles. These details shall be included in applicable plan sheet(s) in a form acceptable to the City Engineer, 15. The developer shall provide a minimurn of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all stormwater management facility inlets /outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance /excavation equipment for periodic maintenance access to the pond and infiltration basin. This should be an access easement, in a form acceptable to the City Attorney, 16. During infiltration basin excavation and sub -soil work, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration basin sub- soils are suitable, capable and constructed to achieve infiltration within 48 hours, at the planned saturated soil infiltration rate (0.7- inch/hour) and basin depth (not to exceed 1.5 feet). Planning Report - Stone Run January 27, 2015 Paee 12 17. Before the City issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (pond/infiltration practice) conform to design and /or construction plans, as approved by the City. As -built volumes (for detention and retention) shall be provided for the stormwater management facilities (pond /infiltration practice). The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 18. The existing access onto Pilot Knob Road shall be removed, and the curb and gutter, boulevard, and trail restored in a manner acceptable to the City and County Engineer, 19. The developer shall dedicate right -of -way and provide a restricted access along Pilot Knob Road (CSAH 31), in accordance with Dakota County standards. 20. This development shall be subject to a cash parks dedication payable at the time of Final Subdivision at the rates then in effect. Subdivision at the rates then in effect. 22. The developer shall submit a revised Tree Mitigation plan at time of Final Subdivision that fulfills tree mitigation requirements through the installation of seventy -four (74) Category B trees or an equivalent number of larger Category A trees ( >= 4" caliper deciduous trees or > =12' height coniferous trees). 23. Mitigation trees shall not be installed in any public easement area. 24. The developer shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to 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. 25. The developer shall schedule a site meeting with adjacent landowners to address actions required to protect critical root zones of off -site trees. The City of Eagan Supervisor of Forestry shall attend this meeting. 26. The developer 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. Planning Report — Stone Run January 27, 2015 Page 13 27. The developer shall be responsible for acquiring all outside agency pen-nits and approvals. 28. The developer shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the homes (FTTH) or conduit to the site to permit third parry providers to install FTTH within the development. To approve a Variance to the cul -de -sac length from 500 ft. to 700 ft. for property located at 4865 Pilot Knob Road. If approved, the following condition should apply: 1. If within one year after approval, the shall become null and void unless council. Such extension shall be re and shall state facts showing a good in the variance, variance shall not have been completed or utilized, it a petition for extension has been granted by the Guested in writing at least 30 days before expiration faith attempt to complete or utilize the use permitted To approve a Variance to the street grade from 8% to 10% for property located at 4865 Pilot Knob Road. If approved, the following condition should apply: 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. S'T'ANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1, This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval, Be Easements and Rigyhts- of-Way 1, This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -of4ay 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 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, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan, Ce Plans and Specifications 16 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 permanent cul -de -sac, or temporary cul-de -sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights -of way as required by the alignment of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 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 public improvement project and associated contract must be awarded 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 Dedications 1. This development shall fulfill its park. and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as allowed under the City's tree preservation ordinance and as approved by the City Council, He Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. I. Wetlands Protection and Management R 1, This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Conunission and awarded by Council action. J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and /or Buffer Zone, I£. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. L. Mailboxes 1. 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N 6xpv9gWit 1'6Lp 6,P'p^31w1P6.9 NORTON HOMES 1 8215 45th Avenue N. o Suite D N7 Plyrnct.rth, MN 55446 e 0: 763.559.2991 December 19, 2014 City of Eagan 3930 Pilot Knob Rd Eagan, MN 55122 Enclosed please find our completed Preliminary Plat application for the proposed residential redevelopment of the 4.6 acre site at 4865 Pilot Knob Rd. Our seven lot, Stone Run project focuses on the following priorities: * Stay within existing R -1 zoning parameters with the exception of the two variances M Work with the existing site topography to the extent possible to minimize grading and net import /export of soil. Utilize the existing water and sewer hookups and stormwater catch basins on the existing Steeplechase Way road stub. Buffer noise along Pilot Knob Rd with a small berm and privacy fence running north /south on the east property boundary. The seven new homes planned for the Stone Run site will be mostly single family two -story style with a possible rambler or two, depending on demand. Two - story above grade square footages are anticipated to range from 2,500 to 3,200 square feet. Any ramblers will likely be sized from 1300 to 1900 square feet above grade. All homes will feature lames Hardie siding, stone front accents and unique, custom home architecture. Finished home are estimated to. range from the upper $400s to upper $500s. Norton Homes will build each of the new homes. Application We are submitting the following Preliminary Subdivision application: ® Current and Comprehensive:guide plan zoning: Low density, R -1 residential Proposing seven new SF lots with minimum 12,000 sf and 85' lot fronts at the building pad setback. r e Front /rear /side setbacks all conform to existing R -1 zoning requirements. ® Single home currently exists on site with a couple of barns and storage sheds. Property has been used off and on over the years as a hobby farm. 0 Site is surrounded by single family homes and parks to the south and east across .:Pilot Knob Rd. a No wetlands exist on the site. A Wetland Delineation Report from Bopray Environmental confirming such is enclosed. Variance Requests 1. Increase maximum allowable road grade to 10% from 8 %. Due to the steepness of the initial grade that connects to the existing Steeplechase Way stub the 10 %grade is necessary to make the cul -de -sac elevations and overall site grading plan work. There are no driveways along this 10% length of road. 2. Increase maximum allowable cul-de -sac length to approximately 620 feet from 500 feet. This small increase from the max does not seem to impose any real difficulties since there are only seven homes being serviced from this new cul -de -sac, plus there is no other way to efficiently utilize the site with the single existing road stub access. Site Development Site construction of all seven lots in one phase is anticipated to begin in the spring. Home construction will commence as soon as an early model home permit can be issued. Pre -sales of homes are anticipated over the winter through the use of two other Norton Homes models that will be finished in the area: one in Eagan and one in Inver Grove Heights. Thank you in advance for your consideration. Best regards, Patrick Hiller Partner, Norton Homes AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 17, 2015 A. CALL TO ORDER Be ADOPT AGENDA Co CONSENT AGENDA 1. APPROVE EDA Minutes 2. AUTHORIZE the President and Executive Director to execute all documents necessary to complete the sale of the property to MHC Cedar Grove L.L.C. D. OLD BUSINESS E. NEW BUSINESS F. EDA ORGANIZATIONAL BUSINESS G. OTHER BUSINESS H. ADJOURN Agenda Information Memo February 17, 2015 Eagan Economic Development Authority Meeting NOTICE OF CONCURRENT ACTIONS 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. IMOITLUMIlox I7Tf:7 ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. S]a&I[�►17_l ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES EDAC -1 Minutes of the January 20, 2015 EDA meeting. D. OLD BUSINESS There are no other items at this time. E. NEW BUSINESS There are no other items at this time. F. EDA ORGANIZATIONAL BUSINESS There are no other items at this time. G. OTHER BUSINESS There are no other items at this time. H. ADJOURNMENT ION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 20, 2015 A meeting of the Eagan Economic Development Authority was held on Tuesday, January 20, 2015 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, and Commissioner Hansen. Commissioner Tilley was absent. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Dougherty. [Dyed%% xQ1174h President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye:4 Nay :0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye:4 Nay:0 1. It was recommended to approve the minutes of January 6, 2015. There was no Old Business, There was no New Business, OLD BUSINESS NEW BUSINESS EDA ORGANIZATIONAL BUSINESS Community Development Director Hohenstein noted as part of its annual organizational business, the EDA elects its officers and appoints its Executive Director and Secretary /Deputy Director, In 2014, the officers of the Authority were as follows: President: Mike Maguire Vice President: Cyndee Fields Treasurer: Gary Hansen Executive Director: City Administrator Dave Osberg Secretary /Deputy Executive Director: Community Development Director Jon Hohenstein For 2015, Mayor Maguire suggested the following officers: President: Mike Maguire Vice President: Paul Bakken Treasurer: Cyndee Fields Executive Director: City Administrator Dave Osberg Secretary /Deputy Executive Director: Community Development Director Jon Hohenstein Councilmember and Commissioner Bakken moved, Councilmember and Commissioner Fields seconded a motion to elect /appoint officers of the Eagan Economic Development Authority as amended. Aye: 4 Nay: 0 There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Fields moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Vemm David M. Osberg, Executive Director Agenda Information Memo February 17, 2015 Eagan Economic Development Authority Meeting C. CONSENT AGENDA 2. Authorize Execution of Documents for MHC Cedar Grove Property Sale Action to Be Considered. To authorize the President and Executive Director to execute all documents necessary to complete the sale of the property to MHC Cedar Grove L.L.C. Facts: ➢ The EDA previously approved the sale of property to MHC Cedar Grove LLC for the construction of a Hilton Home2 hotel in the Cedar Grove Redevelopment District. ➢ The City Attorney, staff and buyer are in the process of finalizing documents for the closing on the property. This action will authorize the EDA officers to execute the necessary documents to permit that to occur. Attachments: (0)