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11/02/2015 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 2, 2015 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS 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 Contracts E. CANCEL November 10 Special City Council meeting F. APPROVE On -Sale Liquor and Sunday Liquor for D3 Investments Inc. doing business as Trail Stop Tavern, 525 Diffley Road G. APPROVE Exempt Permit for Ducks Unlimited South Metro Flyway Chapter 330 to hold a raffle on January 30, 2016 at 3010 Eagandale Place H. APPROVE Exempt Permit for Pheasants Forever Metro Area Chapter 11 to hold a raffle on January 10, 2016 at 4899 Brooklyn Lane I. Item removed J. APPROVE extension of time to record Final Plat for Boulder Lakes 3rd Addition K. APPROVE Change Order No. 1, Contract 15-03 — 2015 Water Quality Storm Sewer Improvements L. APPROVE Final Payment Contract 15-03, 2015 Water Quality Storm Sewer Improvements M. APPROVE Telecommunications Lease Amendment Agreement with AT&T N. AUTHORIZE Letter of Support Cedar Avenue Transitway Implementation Plan Update 0. APPROVE Public Easements — Lot 1, Block 1 Central Park 2nd Addition — Project 1095, Pilot Knob (CSAH 28) Roadway Improvements P. APPROVE Change Order No. 1, Contract 15-12 — Witham Lift Station Improvements Q. RECEIVE Petition to Vacate Public Drainage & Utility Easements, Lots 1 & 2, Block 1 Oakbrooke 8th Addition and Schedule a Public Hearing to be held November 30, 2015 V. PUBLIC HEARINGS A. APPROVE Final Assessment Report for Project No. 1157 — Blackhawk Hills & Blackhawk Hills 2nd Additions —Street Improvements B. APPROVE Final Assessment Report for Project No. 1162 — Mallard Park 3rd & 4th Additions — Street Improvements C. APPROVE Final Assessment Report for Project No. 1165 — Rooney Addition — Street Improvements D. APPROVE Final Assessment Report for Project No. 1169 — Wilderness Run 1st & 3rd Additions - Street Improvements E. APPROVE Final Assessment Report for Project No. 1158 — Cedar Grove 8th Addition - Street Improvements F. CONSENT to issuance of Educational Facilities Revenue Bonds by the City of Hugo for a Minnesota Autism Center project in Eagan VI. OLD BUSINESS A. ORDINANCE AMENDMENT—An Ordinance Amendment regarding residential occupancy VII. NEW BUSINESS A. CONDITIONAL USE PERMIT— Kalifornia Pools/ Mike Paczkowski - A Conditional Use Permit to exceed impervious surface coverage for a pool located at 3656 Pincrest Court B. PLANNED DEVELOPMENT AMENDMENT- Bald Man Brewery/ Daniel Jacobs - A Planned Development Amendment to allow a micro -brewery, taproom and outdoor dining of 60 seats located at 2020 Silverbell Road C. CONDITIONAL USE PERMIT— Nitti Sanitation / Keith Hurley - A Conditional Use Permit for outdoor storage and an above ground fuel tank located at 1725 Meadow View Road D. APPROVE Modification of Intersection Traffic Control — Covington Lane at Penkwe Way/ Circle VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENTAGENDA 1. APPROVE EDA Minutes 2. APPROVE EXTENSION of Repurchase Agreement Term for MHC Properties for Property in the Cedar Grove Redevelopment District 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) XII. CLOSED SESSION XIII. ADJOURNMENT f f .. r City of Evan y TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: OCTOBER 30, 2015 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 2, 2015 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 2, 2015 City Council agenda, the following items are in order for consideration. Agenda Information Memo November 2, 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 October 13, 2015 Special City Council meeting, and October 20, 2015 regular City Council meeting as presented or modified. Attachments: (2) CA -1 October 13, 2015 Minutes CA -2 October 20, 2015 Minutes MINUTES SPECIAL CITY COUNCIL MEETING OCTOBER 13, 2015 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Hansen, and Tilley. Councilmembers Fields arrived at 6:05 p.m. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Director of Parks & Recreation Johnson, Director of Finance Pepper, Assistant Finance Director Feldman, Communications Director Garrison, IT Manager Cook, Public Works Director Matthys, Campus Facilities Manager Vaughan, and Community Center Manager Grange. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. JOINT MEETING WITH THE AIRPORT RELATIONS COMMISSION MSP Airport 2035 Long -Term Comprehensive Plan Update Mayor Maguire welcomed the Airport Relations Commission to the meeting. Each of the Commissioners introduced themselves to the City Council. Neil Ralston, Airport Planner, and Dana Nelson, MAC Manager -Noise, Environment & Planning, provided an overview of the 2035 Long -Term Comprehensive Plan for the Minneapolis -St. Paul International Airport. They also noted the changes on Runway 35 and the corresponding impact to the LTCP process. The Council discussed the 2035 Long -Term Comprehensive Plan. Proposed 2015-2016 Airport Relations Commission Work Plan Chair Thorkildson gave an overview of the proposed work plan and goals for 2015-16. The Council and the members of the ARC discussed the work plan and goals. The Council thanked the Commission for their work. The Council directed the 2015-2016 Airport Relations Commission Work Plan to be included on a future City Council consent agenda for formal consideration. 2015-2016 ENERGY AND ENVIRONMENT COMMISSION (EEAC) WORK PLAN AND GOALS Director of Parks and Recreation Johnson gave a summary of the topics studied during the 2014-15. Each of the Commissioners introduced themselves to the City Council. Chair Prabhakar gave an overview of the proposed work plan and goals. Special City Council Minutes October 13, 2015 Page 2 The Council and the members of the EEAC discussed the work plan and goals. Mayor Maguire thanked the Energy and Environment Commission for attending the meeting. 2016 ENTERPRISE AND SPECIAL REVENUE FUND BUDGETS City Administrator Osberg introduced the item noting Council is being asked to provide direction to staff regarding the proposed 2016 Enterprise and Special Revenue Fund budgets. Osberg walked through the packet information provided to the Council touching on several of the highlights & changes. Osberg made note of an increase in the Storm Water Utility Fee rate to address implementation of lake management plans in accordance with the City Council's approved 2007 Water Quality & Wetland Management Plan, as well as meet state and federal requirements. Osberg noted if the Council has specific questions on the budget, staff is available to answer those items. The Council and staff discussed the Enterprise and Special Revenue Fund budgets. The Council directed the 2016 Enterprise Funds for Public Utilities (Water, Sanitary Sewer, Street Lighting, Storm Drainage and Water Quality), Civic Arena, Cascade Bay, Community Center, AccessEagan/Fiber Infrastructure and Special Revenue Fund for E -TV budgets to be placed on a future City Council consent agenda for formal consideration. 2016 Accesseagan/Fiber Infrastructure Fund City Administrator Osberg noted the Finance Committee met on September 22, 2105 to review current progress and policy changes that will facilitate 2016 sales. The Finance Committee recommended AccessEagan continue to draw operating funds from retained antenna lease revenues, and that with continued patience the goal should be for revenues to cover expenses by 2020. Osberg noted if the Council has specific questions on the budget, staff is available to answer those items. It was the consensus of the Council to ratify the AccessEagan policy recommendations of the Finance Committee. E -TV City Administrator Osberg noted the proposed E -TV operational budget is down slightly from 2015, because no large equipment purchases are anticipated in 2016. The major drivers of the operational budget are legal expenses associated with continuing negotiations with two cable franchise applicants and preparation for transition to HD channel delivery. Osberg noted if the Council has specific questions on the budget, staff is available to answer those items. The Council discussed the 2016 E -TV operational budget. 2016 EAGAN CONVENTION AND VISITORS BUREAU (ECVB) BUDGET AND ANNUAL UPDATE ON ECVB PROGRAMMING Communications Director Garrison introduced the item noting while the ECVB Board operates independently from the City, Section 3.2 of the Operating Agreement with the City of Eagan requires the ECVB to submit its work plan and operating budget to the City Council for its review and approval. Special City Council Minutes October 13, 2015 Page 3 Eagan Convention and Visitors Bureau President & CEO, Brent Cory gave an overview and provided highlights of the proposed 2016 budget. The Council reviewed the proposed budget, and had no objection. Garrison noted the Council is annually consulted on research required as part of its agreement with the City. Director Garrison asked about the Council's willingness to have some flexibility in setting the research topic for 2016. With the new Vikings opportunity and the ECVB's shared goal of attracting a hotel/conference center/additional night life options, the ECVB's research dollars could be used to help leverage those outcomes by documenting the viability of those elements in a feasibility study either separate from or in conjunction with the Vikings. No public tax dollars would be used to fund such a study. The Council agreed City priorities related to the Vikings site were appropriate and that the exact topics of research cannot be pinpointed at this time. Councilmember Bakken made a suggestion regarding the feasibility study, instead of a specific idea of what the facility should look like, we go out and identify the elements for what would make the most successful facility that would best serve the regional needs given its location then find out what it would take to make that particular model work. The Council directed the 2016 Eagan Convention and Visitors Bureau budget to be included on a future City Council meeting consent agenda for formal consideration. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 7:46 p.m. Aye:5 Nay:O Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 20, 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, Fields, and Hansen. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Tuesday, October 20, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, and Hansen, Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. Mayor Maguire noted on October 9th Tony Caponi passed away at age 94. Tony was an artist, poet, professor and sculptor who envisioned and created the Caponi Art Park in Eagan. Mayor Maguire passed along sympathies to the family. AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION Recognize the Retirement of Detective Dave Boric for his twenty-two years of service to the citizens of Eagan Police Chief McDonald recognized Dave Bork for his 22 years of service to the citizens of Eagan and presented him with a plaque in appreciation of his service. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of October 6, 2015 City Council meeting as presented or modified. B. Personnel Items 1. It was recommended to approve the hiring of the following seasonal and part-time employees: Joseph Ahlstrom, Andrew Frankenfeld, Tyler Haege, Thomas Horton, Scott Ingalsbe, Andrew Klees, Charles Krengel, Tyler Ostman, Mitchell Williams, Garrett Runing, Thomas Schoenecker, Cameron Jackson, Robert Lundeen, Carli Bruckmueller, Taylor Anderson, Aliona Durig, Wyatt Jones, Hannah Keuler, Quinn Las, Sara Morse, Megan Olson, Sarah Phillips, Katherine Rhone, Nathan Rock, Rosalinda Rosales, Augustina Teuber. C. It was recommended to ratify the check register dated October 2 and 9, 2015 as presented. City Council Meeting Minutes October 20, 2015 2 page D. There were no contracts to consider at this time. E. Pulled for further discussion. F. It was recommended to approve a Final Subdivision (Preusse 3rd Addition) to relocate a shared boundary for properties located at 4131 and 4141 Old Sibley Memorial Highway. G. It was recommended to approve an extension to the Interim Use Permit approval for property located at 1440 Duckwood Drive. H. It was recommended to direct preparation of an Alternative Urban Area -wide Review for the 194 acre area in northeast Eagan bounded by Lone Oak Parkway, 1-494 and Ames Crossing Road. I. It was recommended to approve a resolution to accept a donation from Jon Anderson of 100 artist canvases, valued at $15,000 in memory of Jon's sister Susan Anderson Kimm. J. It was recommended to receive the Final Assessment Roll for Project 1163 (Pines Edge I" Addition — Street Improvements) and schedule a Public Hearing to be held on November 17, 2015. K. It was recommended to receive the Final Assessment Roll for Project 1164 (Red Pine Lane, TH 3 to Weston Hills Drive — Street Improvements) and schedule a Public Hearing to be held on November 17, 2015. L. It was recommended to receive the Final Assessment Roll for Project 1159 (Duckwood Drive, Denmark Avenue to Lexington Avenue — Street Improvements) and schedule a Public Hearing to be held on November 17, 2015. M. It was recommended to receive the Final Assessment Roll for Project 1167 (Thomas Lake Road, Cliff Road to Diff ley Road —Street Improvements) and schedule a public hearing to be held on November 17, 2015. N. It was recommended to receive the Final Assessment Roll for Project 1170 (Wilderness Run Road —Street Improvements) and schedule a public hearing to be held on November 17, 2015. 0. It was recommended to receive the Final Assessment Roll for Project 1175 (Northwood Parkway & Promenade Avenue — Street Improvements) and schedule a public hearing to be held on November 17, 2015. P. It was recommended to approve a resolution in support of Dakota County's draft 5 -year Transportation Capital Improvement Program for 2016-2020. Q. It was recommended to reject all bids for Contract 15-23, Well No. 3 restoration, and authorize the rebidding of the contract in 2016. R. It was recommended to approve Change Order No. 1 to Contract 15-01 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to approve Change Order No. 1 to Contract 15-02 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve the final payment for Contract 15-14 (Black Hawk Middle School/Deerwood Elementary Water Quality Improvements) in the amount of $1,288.95 to Mark's Bobcat Service, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. U. It was recommended to approve the final payment for Contract 15-18 (Deerwood Elementary Water Quality Improvements) in the amount of $665.00 to Minnesota Dirt Works, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. V. It was recommended to approve the final payment for Contract 15-21 (LeMay Lake Alum Treatment) in the amount of $71,777.00 to HAB Aquatic Solutions, LLC. City Council Meeting Minutes October 20, 2015 3 page W. It was recommended to approve the final payment for Contract 15-22 (Citywide Traffic Signal Painting) in the amount of $13,100.00 to OLS Restoration, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. X. It was recommended to approve a resolution of support for Dakota County's 10 -Ton Route Designation for CSAH 28 (Yankee Doodle Road), CSAH 31 (Pilot Knob Road) and CSAH 32 (Cliff Road) within Eagan. Y. It was recommended to approve a Master Partnership Contract with the Minnesota Department of Transportation (MnDOT), authorize the Mayor and City Clerk to execute all related documents, and delegate authority to the City Engineer to enter into subsequent Work Order Contracts as needed. Z. It was recommended to approve the Master Water Stewards Program Partnership with Freshwater Society, authorize the Mayor and City Clerk to execute all related documents, and designate the Water Resources Manager, or his designee, to oversee and manage the program. AA. It was recommended to cancel the Public Hearing to vacate a public street easement known as Kingswood Ponds Road (Document No. 1457939) scheduled to be held on November 2, 2015. BB. It was recommended to approve the 2015-2016 Airport Relations Commission Work Plan. CC. It was recommended to receive the Final Assessment Roll for Project 1141 (Elrene Road, Yankee Doodle Road to Trails End Road — Street Improvements) and schedule a public hearing to be held on November 17, 2015. DD. It was recommended to approve a telecommunication lease amendment with T -Mobile Central LLC, for antenna upgrade installations on a designated water reservoir site and authorize the Mayor and City Clerk to execute all related documents. Mayor Maguire pulled Item E. to Approve a Resolution to accept a donation from Eagan Lions Club in the amount of $10,000 for Old Town Hall improvements for further discussion. Pat Geagan with the Eagan Lions Club presented the Council with a $10,000 check for Old Town Hall improvements. The Council thanked the Eagan Lions Club for the donation. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a resolution to accept a donation from the Eagan Lions Club in the amount of $10,000 for the renovation and restoration of the Historic Eagan Old Town Hall. Aye: 4 Nay: 0 PUBLIC HEARINGS Intent to Issue Bonds to Finance Projects in the 2016-2020 Facilities Capital Improvement Plan City Administrator Osberg introduced the item noting the Council is being asked to conduct the public hearing tonight. Osberg noted at its August 3 meeting, the City Council adopted the 2016-2020 Facilities Capital Improvement Plan comprised of the New Fire Station 1, to be constructed in 2016, and Central Maintenance facility expansion/remodel, to be constructed in two phases in 2016 and 2018, and City Hall and Police facility expansion/remodel, to be constructed in 2018. At its September 15, 2015 meeting, the Council set October 20, 2015 as the date for the public hearing on its intent to finance the 2016 projects by issuing capital improvement bonds. Finance Director Pepper gave a staff report. City Council Meeting Minutes October 20, 2015 4 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve a resolution indicating the intent to authorizing issuance of up to $8,500,000 in bonds to finance the 2016 projects in the 2016-2020 Facilities Capital Improvement Plan. Aye: 4 Nay: 0 Approve Final Assessments for Project No. 1074 (Braun Sunrise Addition), Project No. 1166 (St. Charles Wood), Project No. 1123 (Cedar Heights), Project No. 1168 (Waters Edge) Street Improvements Director of Public Works Matthys noted Project No. 1074, Project No. 1166, Project No. 1124, and Project No. 1168 were mill and overlay projects in residential neighborhoods. The Final Assessment Rolls were presented to the City Council on September 15, 2015, with a public hearing scheduled for October 20, 2015. Matthys noted all notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve the Final Assessment Roll for Project No. 1074 (Braun Sunrise Addition), Project No. 1166 (St. Charles Wood), Project No. 1123 (Cedar Heights), Project No. 1168 (Waters Edge) Street Improvements and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 OLD BUSINESS There were no old business items to be heard. NEW BUSINESS Preliminary Subdivision — Laugen Legacy / Deena Laugen — A Preliminary Subdivision to create 2 Single Family Lots Located at 1365 Deerwood Drive City Administrator Osberg introduced the item noting the property was platted in 1996 and contains a single family home with an attached garage and a shed. The Council is being asked to approve a Preliminary Subdivision to create 2 lots upon approximately 0.92 acres located at 1365 Deerwood Drive. City Planner Ridley gave a staff report and provided a site map. Deena Laugen, the applicant, was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes October 20, 2015 5 page Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary Subdivision (Laugen Legacy) to create 2 lots upon approximately 0.92 acres located at 1365 Deerwood Drive subject to the following conditions: Aye: 4 Nay: 0 1. The property shall be platted. 2. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Final Subdivision for the newly created lot. 3. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 1, Block 1. 4. A cash dedication in lieu of on-site water quality ponding shall be required for this development, consistent with City policies and City Code §4.34. 5. The development shall receive Final Subdivision approval prior to Building Permit issuance. 6. 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. 7. The driveway to the new house shall include a hammerhead turnaround so vehicles do not need to back onto Deerwood Drive. 8. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 9. The developer or builder shall restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer, and provide traffic control in accordance with the Minnesota Manual of Traffic Control Devices. Preliminary Subdivision and Conditional Use Permit — Wyatt Sharing and Caring / Peter Deanovic — A Preliminary Subdivision of approximately 33 acres to create 3 lots and a Conditional Use Permit for outdoor storage located at 510 Lone Oak Road City Administrator Osberg introduced the item noting on July 7, 2015, the City Council approved a Comprehensive Guide Plan Amendment to change the land use designation from Office/Service to Industrial and a rezoning from Agriculture to 1-1, Limited Industrial. The City Council also approved a wetland replacement plan for the site on August 18, 2015.Osberg noted the Council is being asked to approve a Preliminary Subdivision to create 3 lots upon approximately 33 acres located at 510 Lone Oak Road, and a Conditional Use Permit to allow outdoor storage of up to 20 semi -trailers on Lot 2, Block 1, Gateway Business Park. City Planner Ridley gave a staff report and provided a site map. Peter Deanovic, the applicant, was available for questions. The Council discussed the Preliminary Subdivision and Conditional Use Permit request. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes October 20, 2015 6 page Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Gateway Business Park) to create 3 lots upon approximately 33 acres located at 510 Lone Oak Road, subject to the following conditions: Aye: 4 Nay: 0 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 131, B2, B3, B4, C1, C2, C3, C4, E1, F1, G1, H1 and 11. 2. The property shall be platted. 3. All typical Bulk Standards (building setbacks, building height and coverage, parking, green space, etc.) will be required to be met on a lot by lot basis. 4. All building and ground signage shall meet the City's Sign Ordinance standards found in the City Code. 5. All buildings shall meet Code standards for exterior materials and exhibit four-sided architecture. All buildings should have the same architectural treatments on all sides. 6. Detailed elevations are required at the time of Building Permit for each lot/building. All buildings in the development should utilize the same architectural finish materials and features. 7. All rooftop and ground -mounted mechanical equipment shall be screened. The building architecture shall provide parapet walls with a 30" minimum height to provide screening of rooftop equipment. The elevation plans shall also indicate that equipment will be placed 20' from the edge of buildings as required by City Code, and depicted on final drawings for Building Permit. 8. Where an outdoor trash/recycling enclosure is proposed, the enclosure shall be constructed of materials to match the principal structure, not less than 6' in height nor more than 10' in height, with gates having not less than 90% opacity. The enclosure shall also be of a size that can accommodate both trash and recyclable container storage for all building tenants. 9. A revised Preliminary Landscape Plan shall be submitted that removes Tree Preservation mitigation trees. A Landscape Plan shall be prepared for each lot with the Building Permit submittal. 10. All lighting utilized shall be shielded so the source of light is not visible from off the property and to prevent glare. All parking lot lighting should provide a minimum of 0.5 footcandles throughout, with an average to minimum ratio of not more than 4. A Lighting Plan will be required to be submitted with the Building Permit for each lot 11. 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. 12. The developer shall obtain temporary construction easements for all off-site work. 13. All retaining walls shall be located outside of drainage and utility easements. 14. The developer shall provide private maintenance agreements for the storm sewer, the underground stormwater chamber, and infiltration basins serving the development, in a form acceptable to the City Attorney, prior to release of the plat for recording. 15. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). City Council Meeting Minutes October 20, 2015 7 page 16. Prior to issuance of a Building Permit, the applicant shall provide the City with soil boring logs from a minimum of four soil -borings within any 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 applicant shall revise the design and/or construction plans (e.g. over-excavation/soil- amendment depth, etc.) to ensure volume control requirements are fully met, to the satisfaction of the City Engineer. 17. Prior to issuance of a Building Permit, the applicant shall provide construction details of proposed infiltration practices for City review (cross-sections, construction sequencing/protection, sizing/volume tables, details for stable inlets, overflows, outlets, maintenance access areas to inlets/outlets, soil amendment criteria, planting plans/details, etc., to the satisfaction of the City Engineer), to ensure infiltration practice and swale are properly designed and constructed, adequately protected during / after construction, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading, Utility & Landscape plans). 18. Prior to issuance of a Building Permit, the applicant shall provide detailed Soil Management Strategies for City review, and acceptable to the City Engineer, that provide for assurances that at final grading any disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions within the top 12 -inches, to comply with Volume Control requirements. These graphical details and notes shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Grading & Landscape plans). Prior to installation of any irrigation system, City Water Resources staff shall be notified and provided opportunity to inspect soil remediation areas for compliance. 19. Prior to issuance of a Building Permit, the applicant shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 20. During any infiltration practice over -excavation and sub -soil work, in infiltration basins and subsurface infiltration gallery system, the applicant 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 0.8 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of final grading within any infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be present to verify and document that the infiltration practice, at final grade, is suitable to infiltrate a minimum of 0.8 - inch per hour or greater in saturated conditions across the entirety of the basin (not including any forebay area). Documentation shall be provided to the City within 48 -hours after infiltration testing. 21. Before the city issues a Certificate of Occupancy on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, subsurface gallery, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practices. Documentation shall be provided to verify soil management strategy compliance. City Council Meeting Minutes October 20, 2015 8 page The applicant 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. 22. A 15 -foot -wide minimum unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.) shall be provided from the street/parking lot - edge to all stormwater facilities' inlets/outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to any temporary sedimentation basins and any permanent stormwater basins. 23. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 24. Any existing houses proposed to remain within the development shall be connected to City sewer and water service at time of its availability. 25. All well and septic systems within the development shall be abandoned in accordance with City and County standards. 26. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 27. The design of the right turn lane, and the alignment of the entrance at Lone Oak Road, shall be approved by both the City Engineer and County Engineer. 28. The applicant/developer shall dedicate public r -o -w to accommodate a cul-de-sac at the east end of the Highway 55 frontage road at the time of the replatting of Outlot A or the development of Lot 3, whichever occurs first. 29. The developer shall provide private maintenance agreements and cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of final subdivision approval. 30. All drive lanes in parking lots with perpendicular parking and two-way traffic shall be a minimum of 24 feet wide. 31. The drive lane on the south side of the building on Lot 2 shall be a minimum of 20 feet wide "No Parking/Fire lane" signage shall be installed in the parking lot and driveways, per Fire Department standards, to ensure emergency vehicle access. 32. The developer shall relocate the public utilities out of the gas pipeline easement, or remove the pipeline and vacate the easement and provide documentation of such vacation in a form acceptable to the City Attorney. 33. This development shall dedicate public drainage & utility easement over all public utilities at a minimum width of 20 feet. 34. The applicant shall submit a Tree Mitigation Plan as part of Gateway Business Center Phase 1 that shows only the mitigation trees. 35. The applicant shall submit a combined Landscaping and Tree Mitigation plan that clearly identifies each tree as either landscape or tree mitigation. 36. The developer shall be responsible for a cash Park dedication based the size of the building at the time of the Building Permit and at the rate in effect at the time. 37. The applicant shall dedicate any required conservation easements intended to buffer any wetland or conserve unique features may be credited towards a dedication. Any dedicated easement shall be provided in a form acceptable to the City Attorney. 38. The developer shall be responsible for a cash Trails dedication base on the rate in effect at the time; the current 2015 rate for an Industrial development is $1,251 per net acre. This dedication shall be paid prior to the release of the plat for recording. City Council Meeting Minutes October 20, 2015 9 page Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of up to 20 semi -trailers on Lot 2, Block 1, Gateway Business Park, subject to the following conditions: Aye: 4 Nay: 0 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of the City Council's approval of the Gateway Business Park Final Subdivision. 2. Outdoor storage shall be limited to 20 semi -trailers on Lot 2. 3. The applicant shall provide a Landscape Plan that depicts the screening of the outdoor storage from the east and south. 4. Outdoor storage shall not precede the issuance of a final certificate of occupancy for a building constructed on Lot 2. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Hansen commented yesterday in Duluth, Eagan resident Beverly Miller received the Minnesota Public Transportation Association Distinguished Career Award. Beverly is the only executive director the Minnesota Valley Transit Authority has ever had — she's served in that capacity for 25 years. Hansen noted he was pleased to introduce her on behalf of the MVTA to receive her award and wanted to publically acknowledge her and give her the thanks of the MVTA Board and our community for a distinguished career. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:36 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk Agenda Information Memo November 2, 2015 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items There are no HR agenda items. Agenda Information Memo November 2, 2015 Eagan City Council Meeting W-01&U0,11ie[C14►I7e1 C. Ratify Check Registers Action To Be Considered: To ratify the check register dated October 16 and 23, 2015 as presented. Attachments: (2) CC -1 Check register dated October 16, 2015 CC -2 Check register dated October 23, 2015 Agenda Information Memo November 2, 2015, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: ➢ Vendor Agreements with the following artists for Art House Pottery and Art Sale: o Dorea Arguelles o Mary Lewis o Karen Ask o Brenda Lyseng o Marie Biallas o Pat McKinley o Priscilla Budik o Stacy Mellenbruch o Jon Childers o Jerri Neddermeyer o Tim Cooper o Polonia Novack o Siiri Doan o Lynn O'Gorman o Caitlin Dowling o Dick Pletcher o Eagan Art Festival Board o Rebecca Rehpohl o Barbara Fox o Carol Tana o Kris Haugen o Barbara Waltz o Jordan Landauer o Vicki Wright o Paul Larson Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo November 2, 2015 Eagan City Council Meeting CONSENT AGENDA E. Cancel the November 10 Special City Council Meeting Action To Be Considered: To cancel the November 10, 2015 Special City Council meeting. Facts: ➢ Per the direction of the City Council at the October 20, 2015 Listening Session, it is proposed that the November 10, 2015 Special City Council meeting be cancelled. Attachments: (0) Agenda Information Memo November 2, 2015, Eagan City Council Meeting CONSENT AGENDA F. Approve On -Sale Liquor and Sunday Liquor License for D3 Investments Inc. doing business as Trail Stop Tavern, 525 Diffley Road. Action To Be Considered: To approve an On -Sale Liquor and Sunday Liquor License for D3 Investments Inc. doing business as Trail Stop Tavern at 525 Diffley Road. Facts: ➢ Louis Schaefer and Thomas Williams, owners of D3 Investments Inc., have applied for an On -Sale Liquor and Sunday Liquor License. ➢ The restaurant will replace what is currently Saga Bar & Grill at 525 Diffley Road. The anticipated opening date for the new business is November 3, 2015. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo November 2, 2015, Eagan City Council Meeting CONSENT AGENDA G. Approve Exempt Permit for Ducks Unlimited South Metro Flyway Chapter 330 to hold a raffle on January 30, 2016 at 3010 Eagandale Place Action To Be Considered: To adopt a resolution approving an Exempt Permit for Ducks Unlimited South Metro Flyway Chapter 330 to conduct a raffle on January 30, 2016 at 3010 Eagandale Place. Facts: ➢ Ducks Unlimited South Metro Flyway Chapter 330 has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CG -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT DUCKS UNLIMITED SOUTH METRO FLYWAY CHAPTER 330 WHERAS, Ducks Unlimited South Metro Flyway Chapter 330 has applied for an Exempt Permit to conduct a raffle on January 30, 2016; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for Ducks Unlimited South Metro Flyway Chapter 330 to conduct a raffle on January 30, 2016 at 3010 Eagandale Place. Motion by: Seconded by: Those in favor: Those against: Date: November 2, 2015 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Cleric I, Christina M. Scipioni, Cleric of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2"a day of November, 2015. City Cleric Agenda Information Memo November 2, 2015, Eagan City Council Meeting CONSENT AGENDA H. Approve Exempt Permit for Pheasants Forever Metro Area Chapter 11 to hold a raffle on January 10, 2016 at 4899 Brooklyn Lane Action To Be Considered: To adopt a resolution approving an Exempt Permit for Pheasants Forever Metro Area Chapter 11 to conduct a raffle on January 10, 2016 at 4899 Brooklyn Lane. Facts: ➢ Pheasants Forever Metro Area Chapter 11 has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CH -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT PHEASANTS FOREVER METRO AREA CHAPTER 11 WHERAS, Pheasants Forever Metro Area Chapter 11 has applied for an Exempt Permit to conduct a raffle on January 10, 2016; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for Pheasants Forever Metro Area Chapter 11 to conduct a raffle on January 10, 2016 at 4899 Brooklyn Lane. Motion by: Seconded by: Those in favor: Those against: Date: November 2, 2015 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Cleric of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd day of November, 2015. City Cleric Agenda Information Memo November 2, 2015, Eagan City Council Meeting .d*PFU►ffTCT ► � e Approve Extension of Final Plat — Boulder Lakes 3rd Addition Action To Be Considered: To approve an extension of time to record the Final Plat for Boulder Lakes 3rd Addition Facts: ➢ The City Council approved the Final Plat on September 1, 2015, in conjunction with a PD Amendment on the property. ➢ The developer has 60 days to record the Final Plat with Dakota County, which expires October 31, 2015. ➢ The County Surveyor has okayed the plat, however recording of the mylars has not yet occurred. ➢ Approval of the extension will provide the additional time necessary to execute signatures and file the plat for recording with the County. Issues: None Attachments: (1) CJ -1 Location Map s Iw Fields Park 1�, Subject Site — i Immosib- City L Project Nai Leg( C QUINN LAA® 0 500 e0 NOS J, �0 s Iw Fields Park 1�, Subject Site — i Immosib- City L Project Nai Leg( C QUINN LAA® 0 500 Agenda Information Memo November 2, 2015 Eagan City Council Meeting CONSENT AGENDA K. Contract 15-03, 2015 Water Quality Storm Sewer Improvements Action To Be Considered: Approve Change Order No. 1 to Contract 15-03 (2015 Water Quality Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15-03 provides for pond sediment removal and outlet improvements for storm sewer and water quality purposes at the following locations: o Pond BP -8 (East Thomas Lake) o Pond LP -26.31 o Pond LP -27.3 o Pond LP -27.4 ➢ Change Order No. 1 provides for: o additional fill, grading, and restoration at abandoned inlet of BP -8, to provide additional shoreline restoration (ADD $200.00) o additional topsoil to facilitate grass seed establishment at LP -26.31, per property owner request (ADD $325.00) o modification of trash rack and outlet at LP -27.3 (ADD $4,175.00) o restoration of sod at LP 27-4 to provide turf restoration more consistent with the existing surrounding property (ADD $3,533.00) ➢ The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and region. ➢ The change order provides for an additional cost of $8,233.00 to the original contract (9.3% of original contract). The cost of the additional work will be the responsibility of the Water Quality Fund. ➢ This change order has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. Attachments (0) Agenda Information Memo November 2, 2015 Eagan City Council Meeting CONSENT AGENDA L. Contract 15-03, 2015 Water Quality Storm Sewer Improvements Final Payment Action To Be Considered: Approve the final payment for Contract 15-03 (2015 Water Quality Storm Sewer Improvements) in the amount of $13,591.35 to Minnesota Dirt Works, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 15-03 provided for pond sediment removal and outlet improvements to four ponds (Pond BP -8; Pond LP -26.31; Pond LP -27.3; and Pond LP -27.4) within the City. This work is integral to the City's plan to help restore previous water body conditions and improve operation of the storm sewer system. ➢ The Contract 15-03 work has 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 November 2, 2015 Eagan City Council Meeting CONSENT AGENDA M. Telecommunications Lease Amendment Agreement New Cingular Wireless PCS, LLC (AT&T) Action To Be Considered: Approve a telecommunication lease amendment with New Cingular Wireless PCS, LLC (AT&T), for antenna upgrade installations on a designated water reservoir site and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The City has received an application from New Cingular Wireless PCS, LLC (AT&T) for the upgrade of wireless communication system antennas on the Yankee Water reservoir site located at 760 Yankee Doodle Road in central Eagan. ➢ The application has been reviewed by the City's Engineering Consultant, Radio Communication Consultant, City Attorney's Office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. Attachments (0) Agenda Information Memo November 2, 2015 Eagan City Council Meeting CONSENT AGENDA N. Cedar Avenue Transitway Implementation Plan Update - 2015 Action To Be Considered: Approve a Letter of Support for the 2015 Cedar Avenue Transitway Implementation Plan Update Report as presented. Facts: ➢ The Cedar Avenue Transitway is an important transportation corridor serving the City of Eagan. The City of Eagan supports the development and implementation of bus rapid transit within the Cedar Avenue corridor. ➢ The primary purpose of the 2015 Cedar Avenue Transitway Implementation Plan Update (2015 IPU) is to reexamine elements of the transitway in order to guide the development of the Cedar Avenue Transitway between years 2020 and 2040. ➢ The 2015 IPU is an update to the 2005 IPU by the Dakota County Regional Railroad Authority (Authority) and takes into consideration recent developments along the transitway including Urban Partnership Agreement investments, city and county comprehensive planning activities, and expanded community transit planning. ➢ The development of findings and recommendations from the 2015 IPU entailed coordination with multiple partners and stakeholders including the Metropolitan Council, Minnesota Valley Transit Authority, Metro Transit, Minnesota Department of Transportation and the Cities of Bloomington, Eagan, Apple Valley, Lakeville, Rosemount, Burnsville and Farmington through representatives to the Project Management Team, the Cedar Group and the Technical Advisory Committee (TAC). ➢ The City of Eagan submitted comments for consideration into the final document particularly with respect to the future design of a transit station at Cliff Road and the analysis and implementation of additional parking at the Cedar Grove Transit Station. ➢ Dakota County staff prepared responses to comments received for the Authority's consideration and for inclusion into the final report on October 15, 2015. ➢ The 2015 IPU has been reviewed by the Community Development and Public Works Departments and found to be in order for favorable Council action. Attachments (1) CN -1 Resolution CITY OF EAGAN A RESOLUTION IN SUPPORT OF THE 2015 CEDAR AVENUE TRANSITWAY IMPLEMENTATION PLAN UPDATE WHEREAS, the Cedar Avenue Transitway is an important transportation corridor serving the City of Eagan and the region; and WHEREAS, the Dakota County Regional Railroad Authority (Authority) is responsible for leading the ongoing planning and development of the Cedar Avenue Transitway as agreed upon in a memorandum of understanding between the Authority, the Minnesota Valley Transit Authority, and the Metropolitan Council; and WHEREAS, the Authority developed an initial Implementation Plan for the Cedar Avenue Transitway in 2005 to direct the development of facilities and services for the Cedar Avenue Transitway; and WHEREAS, the Authority updated this Implementation Plan in 2010 and has conducted a further update in 2015 (2015 IPU) to further reassess service needs and implementation schedule; and WHEREAS, the 2015 IPU takes into consideration developments along the transitway including Urban Partnership Agreement investments, city and county comprehensive planning activities, and expanded community transit planning; and WHEREAS, the development of findings and recommendations from the 2015 IPU entailed coordination with multiple partners and stakeholders including the Metropolitan Council, Minnesota Valley Transit Authority, Metro Transit, Minnesota Department of Transportation and the Cities of Bloomington, Eagan, Apple Valley, Lakeville, Rosemount, Burnsville and Farmington through representatives to the Project Management Team, the Cedar Group and the Technical Advisory Committee (TAC); and WHEREAS, City of Eagan submitted comments for consideration into the final document particularly with respect to the future design of a transit station at Cliff Road and the analysis and implementation of additional parking at the Cedar Grove Transit Station; and WHEREAS, Dakota County staff prepared responses to comments received for the Authority's consideration and for inclusion into the final report on October 15, 2015; and WHEREAS, the 2015 IPU has resulted in further direction in planning, funding and scheduling improvements to the Cedar Avenue Transitway. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Minnesota, hereby supports the findings and recommendations of the 2015 Cedar Avenue Transitway Implementation Plan Update. ADOPTED by the Council this 2nd day of November, 2015. Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk Agenda Information Memo November 2, 2015, Eagan City Council Meeting CONSENT AGENDA O. Project 1095, Pilot Knob Road (CSAH 31) Roadway Improvements Public Easement Action To Be Considered: Approve a public right-of-way easement over Lot 1, Block 1, Central Park 2nd Addition for Project 1095, Pilot Knob Road (CSAH 31) — Roadway Improvements, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Project 1095 is a joint Dakota County/City project that provides for safety and operational improvements on Pilot Road/CSAH 31 (from south of Yankee Doodle Road to north of Central Parkway), as approved in the 2015-2019 City and County Capital Improvement Plans. ➢ The Pilot Knob Road project is scheduled for construction in 2016, and the improvements include: o Reconstruction of the roadway surface o Addition of a southbound lane o Addition of turn lanes o Revised median design o Replacement of signals at Yankee Doodle Road and at Central Parkway o Reconstruction of trails ➢ The improvements at the northwest corner of Pilot Knob Road and Central Parkway include the construction of a southbound right turn lane and trail reconstruction. ➢ This work requires the dedication of additional right-of-way easement along Pilot Knob Road on the City's Central Park property. The dedication of this property as right-of-way has been reviewed by the Public Works Department (Engineering Division) and the City Attorney, and is in order for favorable Council action. Attachments (1) CO -1 Right -of -Way Easement Map No Scale EASEMENT DESCRIPTION A permanent easement for highway right-of-way purposes over, under and across that part of Lot 1, Block 1, EAGAN CENTRAL PARK 2nd ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, which lies easterly and southeasterly of the following described line: Commencing at the northeast corner of said Lot 1, thence on an assumed bearing North 89° 54' 17"" West along the north line of said Lot 1 a distance of 12.00 feet to the point of beginning of the line to be described; Thence South 00° 06' 13" West parallel to the east line of said Lot 1 a distance of 631.34 feet, thence South 42° 36' 18" West a distance of 23.67 feet to the southerly line of said Lot 1 and there terminating. Easement Area = 7,891 s.f. PROPOSED RIGHT-OF-WAY EASEMENT 12.00' 23.6 /�' PARKwA� V Z/ II corner LoF- Northeast , Eagan Central Park 2nd Add. 4, 0 a 0 _J 4;j�� City Of Ea anProposed Right -of -Way Easement Exhibit A Lot 1, Block 1, Eagan Central park 2nd Addition Engineering Division Agenda Information Memo November 2, 2015 Eagan City Council Meeting CONSENT AGENDA P. Contract 15-12, Witham Lift Station (Sanitary Sewer) Change Order No. 1 Action To Be Considered: Approve Change Order No. 1 to Contract 15-12 (Witham Lift Station - Sanitary Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15-12 provides for the construction of the Witham Lift Station, a new sanitary sewer lift station along Dodd Road and north of Diffley Road, and associated force main pipe along Dodd Road, as programmed for 2015 in the City's 5 -Year Capital Improvement Program for Public Works Infrastructure, Part III, (2015-2019), as adopted by the City Council on June 3, 2014. ➢ Change Order No. 1 delays the project completion and final restoration until the spring of 2016. During construction, a 30 -foot deep excavation was required, during which significant rain events occurred. City staff, its consulting engineer, and the contractor are concerned about excessive soil moisture and settling. Holding the project completion and restoration through a freeze/thaw cycle will allow for proper soil drying and settling, reduce the risk of rework, and provide a better finished product, but will require an additional mobilization of the contractor's equipment (ADD $3,150.00). ➢ Change Order No. 1 provides an addition of $3,150.00 (0.5% of original contract) to the contract and extends the project completion date from November 30, 2015 to June 30, 2016. ➢ This Change Order has been reviewed by the Public Works Department (Engineering and Utilities Divisions) and found to be in order for favorable Council action. Attachments (0) Agenda Information Memo November 2, 2015, Eagan City Council Meeting CONSENT AGENDA Q. Lots 1 & 2, Block 1, Oakbrooke 8th Addition Easement Vacation Action To Be Considered: Receive the petition to vacate a public drainage and utility easements on Lots 1 & 2, Block 1, Oakbrooke 8th Addition, and schedule.a public hearing to be held on November 30, 2015. Facts: ➢ On October 27, 2015, City staff received a petition from Lars Byrlev, property owner of Lots 1 and 2, Block 1, Oakbrooke 8th, requesting the vacation of existing drainage and utility easements on these properties, south of Deerwood Drive and east of Johnny Cake Ridge Road, in central Eagan. ➢ The easements on these properties are standard lot line easements dedicated in 2012 with the final plat of Oakbrooke 8th Addition. ➢ The purpose of the request is to allow the recording of a re -plat to combine the two lots into one. ➢ The vacation of the public drainage and utility easements would clean up the proposed plat by removing some unnecessary easements due to the new plat configuration and avoiding underlying recorded dedications. ➢ The final plat of the property (Oakbrooke 9th Addition) will address and incorporate the necessary public easements. The approval of the plat will also be scheduled for Council consideration at the November 30 City Council meeting. ➢ Notices for a public hearing will be published in the legal newspapers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments: (2) CQ -1 Location Map CQ -2 Vacation Exhibit 494 LONE OAK RD. 0- r° ® z YANKEE 'DOODLE -RD. 28 EASEMENT VACATION LOCATION 'DEERWOOD DR. -j- DIFFLEY 30 RD. PDIFFLEY RD, 0. (11.1Z 0 (L IT CITY OF EAGAN + Proposed Drainage & Utility Easement Vacation City of Lots I & 2, Blk. 1, Oakbrooke 8th Add. Fig. 1 10115120le >�1 i14114r1i. No Scale e0o®d V Description of Drainage & Utility easement to be vacated: All of the westerly 5.0' drainage & utility easement over Lot 1, Blk 1, Oakbrooke 8th Addition, Dakota County, Minnesota, lying north of the south 10.0' of said Lot 1 and .M - south of the southerly line of Williams Brothers Pipeline easement, Document # 1317835 And: Description of drainage & utility easement to be vacated: All of the easterly 5.0' drainage & utility easement over Lot 2, Blk 1, Oakbrooke 8th Addition, Dakota County, Minnesota, lying north of the south 10.0' of said Lot 1 and south of the southerly line of Williams Brothers Pipeline easement, Document # 1317835 Williams Brothers Pipeline Basement Doc. 1317835 5.0 <�P City of ERRaH Proposed Drainage & Utility Easement Vacation Lots 1 & 2, Block 1, Oakbrooke 8th Addition Exhibit A Cnglnee ing Division Agenda Information Memo November 2, 2015 Eagan City Council Meeting PUBLIC HEARING A. Project 1157, Blackhawk Hills and Blackhawk Hills 2nd Additions Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1157 (Blackhawk Hills and Blackhawk Hills 2nd Additions - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1157 provided the resurfacing of residential streets within the Blackhawk Hills and Blackhawk Hills 2nd Additions neighborhoods in west -central Eagan. ➢ The Final Assessment Roll was presented to the City Council on October 6, 2015, with a public hearing scheduled for November 2, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 35% less than the estimate contained in the feasibility report presented at the public hearing held on December 2, 2014. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 34 residential properties being assessed, two residents representing one property attended the meeting. Attachments (3) PHA -1 Final Assessment Report PHA -2 Meeting Minutes PHA -3 Sign -In Sheet FINAL ASSESSMENT REPORT PROJECT Number: 1157 Blackhawk Hills & Blackhawk Hills 2nd Name: Addition PUBLIC HEARING DATES Assessment: November 2, 2015 Project Approval: December 2, 2014 Final Feasibility Rate Report Units Surf./Signs - Low Dens Res $ 1,435.30 $ 2,215.00 Lot Eq Contract Number of Number Parcels Terms 15-02 34 5 yrs Interest Amount Rate Assessed 4.0% $ 48,800.20 $ 75,300.00 FR Variance City Variance Actual to FR Financed Actual to FR $ (26,499.80) $ 213,182.94 $ (14,917.06') -35.2% $ 228,100.00 FR -6.5% City of Eakan M010 To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 26, 2015 Subject: Final Assessment Roll, Project 1157 Blackhawk Hills & Blackhawk Hills 2nd Addition At the public hearing on Dec 02, 2014, the City Council ordered Project 1157. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, concrete curb & gutter repair, and fire hydrant improvements for the Blackhawk Hills & Blackhawk Hills 2nd Addition project. in accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 15-02. The following information was used in the preparation of the assessment roll for Project 1157. PROJECT COST The total construction cost for this project is $221,408.52. This includes $220,090.64 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,317.88. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $40,574.62 were incurred, resulting in a total improvement and project cost of $261,983.14. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - Blackhawk Hills & Blackhawk Hills 2nd Addition Concrete Curb & Gutter Repairs CONSTRUCTION OTHER COST COSTS 93,945.90 72,125.65 17,216.22 13,217.52 Fire Hydrant Improvements 55,336.97 10,140.88 221,408.52 40,574.62 ASSESSMENTS Trunk Assessments IMPROVEMENT FEASIBILITY COST REPORT 111,162.12 171, 500.00 85,343.17 65,477.85 261,983.14 80,000.00 51,900.00 303,400.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Blackhawk Hills & Blackhawk Hills 2nd Addition costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 7,795.0 F.F. / 8,876.0 F.F = 87.8% $111,162.12 (Bituminous Mill & Overlay- Blackhawk Hills & Blackhawk Hills 2nd Addition Cost) x 87.8% x 50% =$48,800.20 $48,800.20 = $1,435.30/ Unit 34 Units The remaining frontage within the project area (12.20%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT Bituminous Mill & Overlay - Blackhawk Hills & Blackhawk Hills 2nd Addition Concrete Curb & Gutter Repairs Fire Hydrant Improvements CITY FUND RESPONSIBILITY 213,182.94 Major Street Fund: $147,705.09 Public Utilities: $65,477.85 A him -,n. Aaron Nelson, P. . Reviewed col l� Date Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I COST 111,162.12 85,343.17 65,477.85 261,983.14 REVENUE RESPONSIBILITY 48,800.20 62,361.92 - 85,343.17 - 65,477.85 48,800.20 213,182.94 Finance artment Date Blackhawk Hills & Blackhawk Hills 2"d Addition Neighborhood Street Revitalization City Project No. 1157 Informational Meeting — 5:30 P.M. Monday, October 26, 2015 Conference Room IAB Attendance Aaron Nelson, Assistant City Engineer, 1 property owner (see attached sign -in sheet). Presentation of Project Details Nelson welcomed the property owner and had an informal question/answer discussion since there was only 1 resident in attendance. The resident had a few questions and comments regarding the construction and assessments. Questions/ Comments 1. A fire hydrant was replaced in the rear yard. The restoration did not take. How will that be handled? There are a few areas that the contractor needs to come back and re -restore. Staff will check to see if this area is on their punch list for areas that need restoration. If it is not, it will be added to the punch list. Any re -seeding this time of year will likely not germinate until spring. 2. The curb in front of the house received a large chip during the bituminous milling operations. Can it be repaired, or is it cosmetic? It is unfortunate the curb was chipped during milling operations. The chip is likely cosmetic and will not affect the function of the curb (a project inspector did review it the next day and determined it is cosmetic). Replacing that section of curb would require two new concrete joints, and a portion of the street would need to be removed and patched. Repairing it would cause more damage than leaving it in place, so that piece of curb will remain in place. 3. What are the white paint marks that recently showed up on the street? CenturyLinlc is in the process of installing high-speed fiber throughout the city. It will be installed approximately 2' behind the curb, and in the bottom layer of asphalt. They cut a slit in the asphalt down one side of the road and to every other lot line, install the fiber line, and seal the road with a military grade sealant. Photos of other neighborhoods that recently had this installed were shared. 4. There were no questions or concerns regarding the assessment. The meeting lasted from 5:50 to 6:10 p.m. i»^ Blackhawk Hills & Informational Meeting Blackhawk Hills 2nd Monday, October 26, 2015 Additions 5:30 p.m. Street Revitalization Conference Rooth 1AB City Project 1157 [NAME ADDRESS rotuE 3. 4. 5. S. 7. 6. 9. 1 Ci. 11. 12. 13. 14. 15. 16. 17. Agenda Information Memo November 2, 2015 Eagan City Council Meeting B. Project 1162, Mallard Park 3rd & 4th Additions Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1162 (Mallard Park 3rd & 4th Additions - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1162 provided the resurfacing of residential streets within the Mallard Park 3rd & 4th Additions neighborhoods in central Eagan. ➢ The Final Assessment Roll was presented to the City Council on October 6, 2015, with a public hearing scheduled for November 2, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 40% less than the estimate contained in the feasibility report presented at the public hearing held on January 6, 2015. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 123 residential properties being assessed, no one attended the meeting. Attachments (1) PHB-1 Final Assessment Report FINAL ASSESSMENT REPORT PROJECT Number: 1162 Mallard Park 3rd & 4th Name: Addition STREET Suri'./Siens - Low Dens Res STREET Surf./Signs - NH Park OTHER PUBLIC HEARING DATES Assessment: November 2, 2015 Project Approval: January 6, 2015 Final Feasibility City Rate Report Units $ 792.02 $ 1,334.00 Lot Eq $ 7.30 $ 12.06 F.F. $ 2,000.00 $ - Lot Eq Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 15-02 125 5 yrs 4.0% $ 100,929.56 $ (65,670.44) $ 193,653.43 $ (79,846.57) $ 166,600.00 FR -39.4% $ 273,500.00 FR -29.2% f �n :i. } City I � i, 1Mmo To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 26, 2015 Subject: Final Assessment Roll, Project 1162 Mallard Park 3rd & 4th Addition At the public hearing on Jan 06, 2015, the City Council ordered Project 1162. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, concrete curb & gutter repair, and fire hydrant relocation for the Mallard Park 3rd & 4th Addition project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 15-02. The following information was used in the preparation of the assessment roll for Project 1162. PROJECT COST The total construction cost for this project is $241,079.05. This includes $240,554.75 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $524.30. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $53,503.94 were incurred, resulting in a total improvement and project cost of $294,582.99. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - Mallard Park 3rd & 4th Addition Fire Hydrant Relocation Concrete Curb & Gutter Repairs ASSESSMENTS Trunk Assessments CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY COST COSTS COST REPORT 168,431.89 37,380.97 205,812.86 6,547.84 1,453.20 8,001.04 66,099.32 14,669.77 80,769.09 241,079.05 53,503.94 294,582.99 346,700.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Mallard Park 3rd & 4th Addition costs are assessable for Low Density Residential (Single Family) properties. Some street segments did not meet the full 20 year life expectancy and are credited 5% per year. Therefore, only 98% of the costs for this project are assessable. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 13,610.0 F.F. / 14,090.0 F.F = 96.6% $205,812.86 (Bituminous Mill & Overlay - Mallard Park 3rd & 4th Addition Cost) x 96.6% x 50% x 98.0% = $97,418.46 $97,41.8.46 = $792.02 / Unit 123 Units Neigborhood Park Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Mallard Park 3rd & 4th Addition costs are assessable for Neigborhood Park properties. Some street segments did not meet the full 20 year life expectancy and are credited 5% per year. Therefore, only 98% of the costs for this project are assessable. The improvement and assessment rate for the Neigborhood Park properties is computed as follows: to Neigborhood Park = 207.0 F.F. / 14,090.0 RF = 1.5% $205,812.86 (Bituminous Mill & Overlay - Mallard Park 3rd & 4th Addition Cost) x 1.5%x 50%x 98.0% = $1,511.10 $1,511.10 = $7.30 /Front Foot 207 Front Feet Fire Hydrant Relocation A resident requested a fire hydrant be relocated that was along the edge of their driveway. They signed an assessment waiver agreeing to be assessed $2,000 of the associated costs. The cost and assessments are described below. Total Fire Hydrant Relocation cost = $8,001.04 Amount being assessed to one resident for requesting the relocation = $2,000.00 ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Bituminous Mill & Overlay - Mallard Park 3rd & 4th Addition 205,812.86 98,929.56 106,883.30 Fire Hydrant Relocation 8,001.04 2,000.00 6,001.04 Concrete Curb & Gutter Repairs 80,769.09 - 80,769.09 294,582.99 100,929.56 193,653.43 CITY FUND RESPONSIBILITY 193,653.43 Major Street Fund: $187,652.39 Public Utilities: $6,001.04 a".-4 %.k, Aaron Nelson, P.E. Reviewed �U, A" Public Works Depa ent Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I Finance rtment �n M Agenda Information Memo November 2, 2015 Eagan City Council Meeting PUBLIC HEARING C. Project 1165, Rooney Addition Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1165 (Rooney Addition - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1165 provided the resurfacing of Amber Leaf Trail within the Rooney Addition neighborhood in central Eagan. ➢ The Final Assessment Roll was presented to the City Council on October 6, 2015, with a public hearing scheduled for November 2, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 34% less than the estimate contained in the feasibility report presented at the public hearing held on January 6, 2015. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 18 residential properties being assessed, no one attended the meeting. Attachments (1) PHC-1 Final Assessment Report FINAL ASSESSMENT REPORT PROJECT PUBLIC HEARING DATES Number: 1165 Assessment: November 2, 2015 Name: Rooney Addition Project Approval: January 6, 2015 Final Feasibility Rate Report Units Surfisiens - Low Dens Res $ 769.28 $ 1,180.00 Lot Eq Contract Number of Interest Amount Variance city Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 15-02 18 5 yrs 4.0% $ 13,847.04 $ (7,352.96) $ 30,616.33 $ (11,783.67) $ 21,200.00 FR -34.7% $ 42,400.00 FR -27.8% 'Top City of E,I 'III To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 26, 2015 Subject: Final Assessment Roll, Project 1165 Rooney Addition At the public hearing on Jan 06, 2015, the City Council ordered Project 1165. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Rooney Addition project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 15-02. The following information was used in the preparation of the assessment roll for Project 1165. PROJECT COST The total construction cost for this project is $28,204.22. This includes $28,204.22 paid to the contractors for the construction of the improvements. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $16,259.15 were incurred, resulting in a total improvement and project cost of $44,463.37, These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY COST COSTS COST REPORT Rooney Addition 17,567.36 10,127.22 Concrete Curb & Gutter Repair 10,636.86 6,131.93 28,204.22 16,259.15 ASSESSMENTS Trunk Assessments 27,694.58 42,500.00 16,768.79 21,100.00 44,463.37 63,600.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Rooney Addition costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 1,354.0 F.F. / 1,354.0 RF = 100.0% $27,694.58 (Bituminous Mill & Overlay - Rooney Addition Cost) x 100.0% x 50% = $13,847.04 $13,847.04 = $769.28 /Unit 18 Units The remaining frontage within the project area (1.80%) is either sideyard or backyard proeprty with no driveway access, or not covered by assessment agreement and; therefore, not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of S years for residential properties. The interest rate is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT Bituminous MITI & Overlay - Rooney Addition Concrete Curb & Gutter Repair ajar Street Fund: $30,616.33 Aaron Nelson, 14. Reviewed Public Works 6epartrylent�® � s J Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I COST REVENUE RESPONSIBILITY 27, 694.58 13,847-04 13,847.54 16,768.79 16,768.79 44,463.37 18,847.04 30,616.33 Finance ment Date Agenda Information Memo November 2, 2015 Eagan City Council Meeting PUBLIC HEARING D. Project 1169, Wilderness Run 15t & 3rd Additions Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1169 (Wilderness Run 1St & 3rd Additions - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1169 provided the resurfacing of residential streets within the neighborhoods of the Wilderness Run 1st & 3rd Additions in south-central Eagan. ➢ The Final Assessment Roll was presented to the City Council on October 6, 2015, with a public hearing scheduled for November 2, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 28% less than the estimate contained in the feasibility report presented at the public hearing held on January 6, 2015. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 59 residential properties being assessed, no one attended the meeting. Attachments (1) PHD-1 Final Assessment Report PROJECT Number: 1169 FINAL ASSESSMENT REPORT PUBLIC HEARING DATES Assessment: November 2, 2015 Wilderness Run 1st & 3rd Name: Additions Project Approval: January 6, 2015 Surf./Signs - Low Dens Res Final Feasibility Rate Report Units $ 870.62 $ 1,220.00 Lot Eq Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 15-02 59 5 yrs 4.0% $ 51,366.58 $ (20,633.42) $ 225,610.26 $ 48,510.26 $ 72,000.00 FR -28.7% $ 177,100.00 FR 27.4% 401t of i �I-. �. EaRan I To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 26, 2015 Subject: Final Assessment Roll, Project 2169 Wilderness Run 1st & 3rd Additions At the public hearing on Jan 06, 2015, the City Council ordered Project 1169. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Wilderness Run 1st & 3rd Additions project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 15-02. The following information was used in the preparation of the assessment roll for Project 1169. PROJECT COST The total construction cost for this project is $230,310.37. This includes $229,188.54 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,121.83, Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $46,666.47 were incurred, resulting in a total improvement and project cost of $276,976.84. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION IMPROVEMENT COST Bituminous Mill & Overlay - Wilderness Run 1st & 3rd 86,989.79 Concrete Curb & Gutter Repairs 57,655.88 Fire Hydrant Improvements 85,664.70 230,310.37 ASSESSMENTS Trunk Assessments OTHER COSTS 17,626.24 IMPROVEMENT FEASIBILITY COST 104,616.03 11,682.48 69,338.36 17,357.75 103,022.45 46,666.47 276,976.84 REPORT 146,800.00 89,300.00 13,000.00 249,100.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Wilderness Run 1st & 3rd Additions costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: Low Density Residential (Single Family) = 6,440.0 F.F. / 6,556.0 F.F = 98.2% $104,616.03 (Bituminous Mill & Overlay -Wilderness Run 1st & 3rd Additions Cost) x 98.2%x 50% =$51,366.58 $51,366.58 = $870.62 / Unit 59 Units The remaining frontage within the project area (1.80%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT Bituminous Mill & Overlay - Wilderness Run 1st & 3 Concrete Curb & Gutter Repairs Fire Hydrant Improvements Major Street Fund: $122,587.81 Public Utilities: $103,022.45 Aaron Nelson, P.E. Reviewed Public Works 4, rtme Date Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant COST 104,616.03 69,338.36 REVENUE RESPONSIBILITY 51,366.58 53,249.45 69,338.36 103,022.45 103,022.45 276,976.84 51,366.58 225,610.26 Finance artment X.1i Date Agenda Information Memo November 2, 2015 Eagan City Council Meeting PUBLIC HEARING E. Project 1158, Cedar Grove 8t" Addition Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1159 (Cedar Grove 8t" Addition - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1158 provided the resurfacing of residential streets within the Cedar Grove 8t" Addition neighborhood in west -central Eagan. ➢ The Final Assessment Roll was presented to the City Council on October 6, 2015, with a public hearing scheduled for November 2, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 31% less than the estimate contained in the feasibility report presented at the public hearing held on January 20, 2015. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 133 residential properties being assessed, one resident attended the meeting. Attachments (3) PHE-1 Final Assessment Report PHE-2 Meeting Minutes PHE-3 Sign -In Sheet PROJECT Number: 1158 Cedar Grove 8th Name: Addition FINAL ASSESSMENT REPORT PUBLIC HEARING DATES Assessment: November 2, 2015 Project Approval: January 20, 2015 Final Feasibility Rate Report Units Surf./Signs - Low Dens Res $ 924.30 $ 1,345.00 Lot Eq Contract Number of Interest Amount Number Parcels Terms Rate Assessed 15-02 133 5 yrs 4.0% $ 122,931.90 $ 178,900.00 FR Variance City Variance Actual to FIR Financed Actual to FR $ (55,968.10) $ 320,537.73 $ (85,862.27) -31.3% $ 406,400.00 FR -21.1% i 51ty of Eap C� To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 26, 2015 Subject: Final Assessment Roll, Project 1158 Cedar Grove 8th Addition At the public hearing on Jan 20, 2015, the City Council ordered Project 1158. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Cedar Grove 8th Addition project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 15-02. The following information was used in the preparation of the assessment roll for Project 1158. PROJECT COST The total construction cost for this project is $370,619.88. This includes $367,384.01 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $3,235.87. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $72,849.75 were incurred, resulting in a total improvement and project cost of $443,469.63. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - Cedar Grove 8th Addition & Gutter Repairs and Trail Overlay Fire Hydrant improvements ASSESSMENTS Trunk Assessments CONSTRUCTION OTHER COST COSTS IMPROVEMENT FEASIBILITY COST 205,478.37 40,389,22 245,867.59 105,762.79 20,788.94 126,551.73 59,378.72 11,671.59 71,050.31 370,619.88 72,849.75 443,469.63 REPORT 357,900.00 159,500.00 67,900.00 585,300.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Cedar Grove 8th Addition costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: `Yo Low Density Residential (Single Family) = 17,104.0 F.F. / 17,104.0 F.F = 100.0% $245,867.59 (Bituminous Mill & Overlay -Cedar Grove 8th Addition Cost) x 100.0% x 50% =$122,931.90 $122,931.90 = $924.30 /Unit 133 Units ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT Bituminous Mill & Overlay - Cedar Grove 8th Addition Concrete Curb & Gutter Repairs and Trail Overlay Fire Hydrant Improvements CITY FUND RESPONSIBILITY 320,537.73 Major Street Fund: $249,487.42 Public Utilities: $71,050.31 L", A Aaron Nelson, P. . Reviewed an: 494 Public Works De rtment lv/ Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I COST REVENUE RESPONSIBILITY 245,867.59 122,931.90 122, 935.69 126,551.73 - 126,551.73 71.,050.31 - 71,050.31 443,469.63 122,931.90 320,537.73 FinanceypIrtment Qn Date Cedar Grove 8"' Addition Neighborhood Street Revitalization City Project No. 1158 Informational Meeting — 5:30 P.M. Monday, October 26, 2015 Conference Room 1AB Attendance Aaron Nelson, Assistant City Engineer, 1 property owner (see attached sign -in sheet). Presentation of Proiect Details Nelson welcomed the property owner and had an informal discussion since there was only 1 resident in attendance. The resident came to compliment city staff and the contractor on the work. She had numerous discussions with the project inspector, the contractor, and their sub contractors. She was impressed with quality of work, responsiveness and helpfulness of staff, and the children at her home daycare enjoyed watching the construction process. She wanted to personally thank the city for the project and give recognition for everyone involved. There were no questions or concerns with the construction or assessments. The meeting lasted from 5:30 to 5:40 p.m. 41AI10 City of E Cedar Grove 8th Addition Street Revitalization City Project 1158 (NAME Lig 1. Lo,, V, w / � 2. 3. 4. 5. 6. 7. s. 6. 10. 11. 12. 13. 14. 16. 16. 17. Informational• Monday, 26, ' 2015 Conference Room 1413 ADDRESS PHONE Agenda Information Memo November 2, 2015, Eagan City Council Meeting PUBLIC HEARINGS F. Consent to issuance of Educational Facilities Revenue Bonds by the City of Hugo for a Minnesota Autism Center project in Eagan. Action to be Considered: To close the hearing and approve a resolution consenting to the issuance of educational facilities revenue bonds related to the Minnesota Autism Center project. Facts: ➢ The Minnesota Autism Center (MAC) will be expanding in Eagan by building a new 48,000 sq ft facility at the southwest corner of Silver Bell Road and Tesseract Place in the Cedar Grove Redevelopment District. ➢ The project will be financed by tax-exempt revenue bonds to be issued by the City of Hugo. Generally, a city may not issue bonds for a project outside its jurisdiction; however, under Minnesota Statutes 471.656, subd. 2(2), the city in which the project is located may give its permission for another city to issue the bonds. This is commonly referred to as "host approval." ➢ Federal tax code also requires host approval for such tax-exempt bonds, and that approval can only be given following a public hearing. ➢ Kathryn Marshall from MAC, Catherine Courtney from Briggs (MAC's attorney), and Mark Schuler from Well Fargo will be in attendance and available to answer questions. ➢ MAC has agreed to pay all of the City of Eagan's out-of-pocket costs, which will consist primarily of the City's bond counsel review fees. ➢ A letter from MAC's bond counsel, Briggs and Morgan, with additional details of the transaction is attached. Attachments: (2) ➢ PHF-1 Resolution ➢ PHF-2 Briggs & Morgan letter Extract of Minutes of a Meeting of the City Council of the City of Eagan, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota, was duly held at the City Hall in said City on Monday, November 2, 2015, at 6:30 P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165 (MINNESOTA AUTISM CENTER PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member , and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 72722670 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165 (MINNESOTA AUTISM CENTER PROJECT) BE IT RESOLVED, by the City Council (the "Council") of the City of Eagan, Minnesota (the "City") as follows: Section 1. General Recitals. The purpose of Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act"), is, among other things, to promote the welfare of the State of Minnesota (the "State") by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment. Section 2. Description of the Project. (a) Autism Opportunities Foundation d/b/a Minnesota Autism Center, a Minnesota nonprofit corporation and 501(c)(3) organization (the "Borrower"), proposes to (i) refund the Borrower's existing taxable debt related to the acquisition of land and the purchase of an existing structure in 2014 acquired for the purpose of establishing a private school to service students grades 4-12 diagnosed with autism spectrum disorder ("ASD"), consisting of a one-story building of approximately 35,978 square feet with 14 classrooms, a playground area, lunch room, small gym, arcade, library, and parking lot (the "Existing Facility") currently located at 3800 Tesseract Place in the City (the "Existing Project"), (ii) finance the acquisition, construction, and equipping of an approximately 48,332 square foot two-story new school building, to be joined with the Existing Facility, which will serve primarily high school students with ASD, and will include a reception area, approximately 14 classrooms, 11 therapy/breakout rooms, 5 office/conference rooms, a library, an arcade, a lunch room, and a gymnasium, and will also include construction of a soccer field and a new parking lot all to be located adjacent to the Existing Project in the City, all of which is at the southwest corner of Silver Bell Road and Tesseract Place (the "Expansion Project" and, together with the Existing Project, the "Project"), and (iii) finance the costs of issuing the Bonds (as defined below). The Project is owned, operated, and managed by the Borrower. (b) The Borrower has proposed that the City of Hugo, Minnesota (the "Issuer") issue revenue obligations, in one or more series (the "Bonds"), under the Act, in order to finance the Project, in the approximate aggregate principal amount not to exceed $8,800,000. (c) The City has been advised that the Bonds or other obligations, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City or the Issuer, except the revenues to be derived from a revenue agreement. Such Bonds or obligations will not be a charge against the general credit or taxing powers of the City or the Issuer, but is payable from sums to be paid by the Borrower pursuant to a revenue agreement. Section 3. Recital of Representations Made by the Borrower. The Borrower has agreed to pay any and all costs incurred by the City in connection with the issuance of the Bonds, whether or not such issuance is carried to completion. 2 72722670 Section 4. Public Hearing. (a) As required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), a Notice of Public Hearing was published in the City's official newspaper and newspaper of general circulation, for a public hearing on the proposed issuance of the Bonds by the Issuer and the proposal to undertake and finance the Project. (b) As required by the Act and Section 147(f) of the Code, the City Council has on this same date held a public hearing on the issuance of the Bonds by the Issuer and the proposal to undertake and finance the portion of the Project located within the jurisdictional limits of the City, at which all those appearing who desired to speak were heard and written comments were accepted. Section 5. Host Approval. The City Council hereby gives the host approval required under Section 147(f) of the Code and, pursuant to Minnesota Statutes, Section 471.656, Subd. 2(2), the City Council hereby consents to the issuance of the Bonds by the Issuer. Mayor ATTEST: City Clerk 72722670 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN I, the undersigned, being the duly qualified and acting City Clerk of the City of Eagan, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to granting host approval to the issuance of revenue bonds for a project in the City. WITNESS my hand this day of November, 2015. M 72722670 City Clerk (BRIGS FM04G4W September 28, 2015 BY E-MAIL Tom Pepper Finance Director City of Eagan 3830 Pilot Knob Rod Eagan, MN 55122-1810 2200 IDS Center 80 South ath Street MInneapolls MN 55402.2157 tel 612,977,5400 fax 6.12,977.565.0 Catherine J. Courtney (612)977-8765 ccourtney@briggs,com Re: Host Approval of Extraterritorial Issuance of Tax -Exempt Obligation for Project in Eagan Dear Mr. Pepper: The City of Eagan, Minnesota ("Eagan") has received from Autism Opportunities Foundation, a Minnesota nonprofit corporation and 501(c)(3) organization, doing business as the Minnesota Autism Center (the "Borrower"), a proposal that the City of Hugo, Minnesota ("Hugo") undertake a program to assist in financing a project described below, which is located in Eagan, through the issuance of revenue bonds or other obligations (in one or more series) (the "Bonds") pursuant to Minnesota statutes, The Borrower proposes to (i) refund the Borrower's existing taxable debt related to the acquisition of land and the purchase of an existing structure in 2014 acquired for the purpose of establishing a private school to service students grades 4-12 diagnosed with autism spectrum disorder ("ASD"), consisting of a one-story building of approximately 35,978 square feet with 14 classrooms, a playground area, lunch room, small gym, arcade, library, and parking lot (the "Existing Facility") currently located at 3800 Silver Bell Road in the City (the "Existing Project"), and (ii) finance the acquisition, construction, and equipping of an approximately 48,332 square foot two-story new school building, to be joined with the Existing facility, which will serve primarily high school students with ASD, and will include a reception area, approximately 14 classrooms, 11 therapy/breakout rooms, 5 office/conference rooms, a library, an arcade, a Mulch room, and a gymnasium, and will also include construction of a soccer field and a new parking lot all to be located at 2020 Silver Bell Road in the City, which is at the southwest corner of Silver Bell Road and Tesseract Place (the "Expansion Project" and, together with the Existing Project, the "Project"), The Project will be owned, operated, and managed by the Borrower, The maximum estimated principal amount of the Bonds to be issued by Hugo to finance the Project is $8,800,000, Brigos andMorgan, Professional Association Minneapolis I St, haul I www.brlggsxom 72687960 BRICG 5 AND MORGAN Tom Pepper September 28, 2015 Page 2 The Bonds, if and when issued, will not constitute a charge, lien or encumbrance upon any property of Eagan or Hugo, and such obligation will not be a charge against the general credit or taxing powers of Eagan or Lugo, but will be payable solely from sums to be paid by the Borrower pursuant to a revenue agreement, For certain reasons, the purchaser of the Bonds, Wells Fargo Bank, requested that the Bonds be issued by Hugo. This is permissible under federal and State statutes if certain procedures are followed, including the approval by Eagan to the issuance of the Bonds by Hugo, The Bonds will be issued in accordance with Minnesota Statutes, Sections 469,152 through 469,165, A city may not issue bonds for a project located outside of its jurisdiction, as is requested in this case. However, the city in which a project is located may give permission for the issuance of bonds by another city. This is commonly referred to as "host approval," Under Minnesota Statutes, Section 471,656, subdivision 2(2), host approval may be given for a project located in the host city, by resolution of the host city, Similarly, under the federal tax code, before a city can issue bonds for a project located outside of its jurisdiction, the host city must give its approval, Such approval can only be given following the holding of a public hearing, Enclosed is a resolution for consideration at Eagan's October 6t1i City Council meeting that approves scheduling a public hearing for Eagan's November 2"a City Council meeting, The public hearing notice, which is attached to the resolution as an exhibit, must be published at least 14 days but not more than 30 days prior to the date set for the public hearing, Briggs and Morgan, as bond counsel to Hugo, will submit the notice to Eagan's paper for publication. It will be published in the October 9t" edition of the newspaper, Please feel free to contact me if you have any further questions. Very truly yours, /s/ Catherine J, Courtney Catherine J, Courtney CJC Enclosure 7268796x1 Agenda Information Memo November 2, 2015 Eagan City Council Meeting Old Business A. Residential Occupancy Standards Action To Be Considered: Approve an Ordinance Amendment to Chapter 11, Section 11.30 relative to residential occupancy requirements. Required Vote For Approval: Majority of Council Members Present Facts: ➢ The issue of short-term rentals of residential property was considered and discussed earlier this year by the Advisory Planning Commission and the City Council. ➢ Review of the City Code and State Statutes determined that short-term rentals in residential zoning districts (save for Bed & Breakfast operations) were not addressed or defined. ➢ Ultimately, the City Council determined they were not interested in permitting short-term rentals in residential zoning districts at their August 11, 2015 Work Session. ➢ The City Council directed staff to prepare an ordinance amendment to specify occupancy requirements at their regular meeting of September 1, 2015. ➢ The City Attorney's office has prepared the attached draft the ordinance language. ➢ The Advisory Planning Commission held a Public Hearing on October 27, 2015, and they are recommending approval of the amendment. Attachments: (2) OBA-1 Draft APC Minutes OBA-2 Planning Report & Draft Amendment Advisory Planning Commission October 27, 2015 Page 9 of 9 D. Permissible Residential Rentals Applicant Name: City of Eagan Application: Ordinance Amendment An Ordinance Amendment regarding residential occupancy standards. File Number: 01 -OR -05-09-15 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated October 16, 2015. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Piper stated he did not understand the purpose of the amendment City Planner Ridley further explained the background of the issue and the rationale for the amendment. Member Sagstetter stated he was not opposed to the amendment but was hopeful that it would preclude future discussion regarding short-term rentals in residential areas. Member Weimert moved, Member Vanderpoel seconded a motion to recommend approval an Ordinance Amendment to City Code Chapter 11, Section 11.30, relative to residential occupancy, subject to the following conditions: All voted in favor. Motion carried 6-1 (Piper). V. OTHER BUSINESS VI. ADJOURNMENT Member Sagstetter moved, Member Piper seconded a motion to adjourn the Advisory Planning Commission meeting at 7:33 p.m. A vote was taken. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Dan Piper APC Secretary PLANNING REPORT CITY OF EAGAN REPORT DATE: October 16, 2015 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City-wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01 -OR -05-09-15 HEARING DATE: October 27, 2015 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to City Code Chapter 11, Section 11.30, relative to residential occupancy. BACKGROUND/HISTORY The issue of short-term rentals of residential property was considered and discussed earlier this year by the Advisory Planning Commission and the City Council. Review of the City Code and State Statutes determined that short-term rentals, save for Bed & Breakfast operations, in residential zoning districts were not addressed or defined. Ultimately, the City Council determined they were not interested in permitting short-term rentals in residential zoning districts at their August 11, 2015 Work Session. EXISTING CONDITIONS The current definition of dwelling does not reference any term for occupancy. "Dwelling, means a building or one or more portions thereof intended to be occupied for residential occupancy, but not including rooms in motels, hotels, nursing homes, boarding houses, motor homes, tents, cabins or travel trailer coaches." Planning Report — Ordinance Amendment October 27, 2015 Page 2 EVALUATION OF REQUEST One outcome of the short-term rental discussion was a suggestion by the City Attorney to amend the definition of "Dwelling" to clarify the City's intent to not allow short-term rentals in residential areas. The proposed amendment will clarify a minimum term for residential occupancy. SUMMARY/CONCLUSION The City Attorney has prepared a draft amendment that stipulates residential occupancy is for a period of not less than 30 consecutive days. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Section 11.30 relative to residential occupancy. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.30 REGARDING DEFINITION OF RESIDENTIAL OCCUPANCY OF DWELLING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Section 11.30 is hereby amended by revising the following definition to read as follows: Dwelling means a building or one or more portions thereof intended to be occupied for residential occupancy,_ Residential occupancy means inhabiting the building or My portion thereof, as a household for a period of not less than 30 consecutive days. Dwelling does not mean btA ineluding rooms in motels, hotels, nursing homes, boarding houses, motor homes, tents, cabins or travel trailer coaches. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: Agenda Information Memo November 2, 2015, Eagan City Council Meeting New Business A. Conditional Use Permit -Kalifornia Pools Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 3656 Pinecrest Ct, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Conditional Use Permit — Majority of Councilmembers present Facts: ➢ The applicant is proposing to construct an in -ground pool and pool deck on a single- family lot within the Shoreland Overlay District of Fish Lake. Fish Lake is classified as one of Eagan's top priority lakes. ➢ Shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The ordinance allows for impervious coverage above that amount with a Conditional Use Permit. ➢ The existing impervious coverage on the lot is 23.6%. With the proposed swimming pool installation, the impervious coverage would be increased to 33.13%. ➢ The applicant is proposing to mitigate the impacts of the increased impervious surface by removing an existing 120 sq. ft. shed, redirecting downspouts and installing a rain garden within the site. ➢ As proposed the mitigative rain garden should capture 100% of the runoff from a 100 - year, 24-hour, 7.47" rainfall event. ➢ If installed and maintained correctly, the rain garden will sufficiently offset the excess impervious area. The landowner should enter into a long-term maintenance agreement with the City, in a form acceptable to the City Attorney. ➢ A public hearing was held at the October 27, 2015 Advisory Planning Commission meeting and the APC did recommend approval. 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PUBLIC HEARING New Business A. 3656 Pinecrest Ct Applicant Name: Mike Paczkowski, Kalifornia Pools Location: 3656 Pinecrest Ct; Lot 13, Block 1, Pinecrest of Eagan Application: Conditional Use Permit A Conditional Use Permit to exceed impervious surface coverage for a pool. File Number: 15 -CU -09-09-15 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 20, 2015. The owner, Maggie Samuelson, stated she was available for questions. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Vanderpoel asked about on-going maintenance. Assistant City Engineer Nelson explained the condition of approval and the required maintenance. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District for an in -ground swimming pool and pool deck on a residential lot, subject to the following conditions: 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated September 30, 2015 2. The impervious surface of this lot shall not exceed 33% per the Site Plan dated September 30, 2015. 3. The applicant shall construct the pool and required infiltration basin by July 1, 2016. The applicant shall also provide a financial guarantee in the amount of $3,000, prior to the release of the CUP, to ensure installation occurs per the approved plans. 4. Prior to the release of the CUP for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the raingarden(s) installation. 5. The proposed rain garden/infiltration basin shall be designed and constructed to effectively capture, retain and infiltrate 100% of the impervious runoff from the excess impervious surface total from a 1%, 24-hour, 7.47" rainfall event . 6. Mitigative designs shall be reviewed and accepted by the City Engineering Division and the installation shall be inspected by City staff at the time of installation. 7. As -built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. Advisory Planning Commission October 27, 2015 Page 3 of 9 8. The applicant shall enter into a long-term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney, to be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. 9. The applicant shall discharge water from the pool (including filter backwash) in a form and manner acceptable to the Water Resources Manager. 10. The proposed rain garden/infiltration basin shall be designed and installed according to the guidelines of the Minnesota Stormwater Manual and the City of Eagan Engineering Standards Manual, and shall be constructed so that temporary ponded runoff has infiltrated below the surface within 48 hours after the end of a rain event. 11. The proposed rain garden/infiltration basin shall be designed to safely overflow to the front yard of the residence and shall not discharge into neighboring properties. 12. The applicant shall provide a detailed Landscape Plan, per City Code requirements, for the proposed rain garden/infiltration basin that provides plant quantities and plant spacing that will ensure 80% plant coverage by the end of year 2 after planting. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 20, 2015 APPLICANT: Kalifornia Pools PROPERTY OWNER: Maggie Samuelson REQUEST: Conditional Use Permit LOCATION: 3656 Pinecrest Ct CASE: 15 -CU -09-09-15 HEARING DATE: October 27, 2015 APPLICATION DATE: Sept. 30, 2015 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District for an in -ground swimming pool and pool deck on a residential lot located at 3656 Pinecrest Ct. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — 3656 Pinecrest Ct October 27, 2015 Paize 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The Pinecrest Of Eagan subdivision was platted in 1987. The property is zoned R-1, Residential Single Family. The property is located in the Shoreland Overlay District of Fish Lake, a General Development Lake. Residential zoning standards limit building coverage to 20%, and in the Shoreland Overlay District, impervious surface coverage is limited to 25% of the lot area. EXISTING CONDITIONS The 12,325 sq. ft. lot contains a single family home with an attached garage constructed in 1990. The rear portion of the lot contains an existing 120 sq. ft. shed. The existing building coverage ratio is now 18%, which complies with the maximum of 20% for residential properties. The existing impervious surface coverage of the property is 24%, which complies with the Shoreland District maximum of 25%. SURROUNDING USES The subject site is surrounded by single family residences on all sides. Planning Report — 3656 Pinecrest Ct October 27, 2015 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding — The proposed in -ground pool and pool deck is not an unusual feature in residential areas and appears compatible with the surrounding neighborhood. Code Requirements — Eagan City Code (§ 11.65 — Shoreland Overlay District) stipulates that impervious coverage must not exceed 25% of the lot area within the Shoreland Overlay District. However, the Code does allow for an increase in the impervious area, provided the City has: 1) issued a Conditional Use Permit permitting an increase in impervious coverage; 2) approved and implemented a community -wide stormwater management plan affecting the subject site; and 3) required the necessary water quality mitigation features to meet non -degradation standards for phosphorus for the nearest downstream recreational waterbody. In addition, the general CUP standards listed at the beginning of this report are applicable to the evaluation of this request. The City's Water Quality & Wetland Management Plan (2007) identifies Fish Lake as Eagan's highest priority (along with Schwanz Lake) and designates it a Class 1 lake (one of only five in the City). The highest management goal of Class 1 lakes is to support swimming and other forms of direct -contact recreation. In 2006, under Section 303(d) of the Clean Water Act, the Minnesota Pollution Control Agency listed Fish Lake as impaired for aquatic recreation due to excess stormwater runoff pollution (i.e., phosphorus) entering in the lake. Subsequently, the City's required plan to reduce the phosphorus has been approved and is now being implemented. Minnesota Department of Natural Resources (DNR) — Notice of the proposed CUP was sent to the DNR as required by the Shoreland zoning ordinance. As of the date of this report, we have not received comments from the DNR. Such comments are anticipated prior to the City Council meeting, and will be distributed to the Advisory Planning Commission (APC) if received prior to the APC meeting. Description of Proposal — Impervious coverage includes all hardcover areas: home, garage, shed, driveway, sidewalk, and pool patio as well as the pool. The applicant proposes to construct a new in -ground pool, sized at 18' x 38' (684 sq. ft.) and a pool deck (568 sq. ft.). The improvements, along with existing conditions, result in approximately 1,002.75 sq. ft. (8.1%) above the maximum impervious area allowed. The excess impervious area equates to a volume runoff of 624 cubic feet (4,668 gallons) of stormwater from a 100 -year, 24-hour (7.47) rainfall event. Staff has advised the applicant and property owner that the proposed plans do not identify hard surface between the house and the swimming pool patio/apron (e.g. walk out a back door through mulch to the pool patio/deck). Planning Report — 3656 Pinecrest Ct October 27, 2015 Page 4 A summary of these numbers is provided in the table below. The applicant is requesting approval of a CUP and proposes to construct a large rain garden to retain stormwater runoff within the site and to allow for greater amounts of on-site infiltration. The applicant also proposes to redirect downspouts to lawn and rain garden areas. To reduce the impervious area on the property, the applicant proposes to remove the existing 120 sq. ft. shed on the property. The proposed figures include removal of the shed. Further, three "rock beds" will be replaced with grass to assist with infiltration. According to the applicant's submittal, these measures will reduce stormwater runoff leaving the site. Effectiveness of Mitigative Measures — The applicant proposes to mitigate for additional impervious runoff through the construction of one large rain garden to retain/infiltrate stormwater runoff from the proposed excess impervious coverage and also provide for additional retention/infiltration of stormwater runoff from some of the existing impervious coverage (rooftop). Much of the beneficial impact of rain gardens/infiltration basins is dependent upon the design, soil conditions and implementation methods. In addition, infiltration basins also require ongoing monitoring and maintenance of the vegetation and sedimentation to ensure continued functionality as needed. The mitigative rain garden/infiltration basin should be designed to accommodate 100% of the runoff from a 1%, 24-hour storm event (alta 100 -year storm), due to being within the Shoreland Overlay District and the directly -contributing drainage area for Fish Lake. A 1%, 24-hour storm event for Eagan is 7.47". Based on the proposed excess impervious coverage over 25% (1,002.75 sq. ft.) and the 7.47", 24-hour event, the total amount of effective impervious retention should be 624 cubic feet. Capturing 100% of the runoff volume (from the excess impervious area total) for a 1% storm event would be a warranted conservative mitigation approach, and would satisfy the CUP standard of meeting non -degradation standards for phosphorus for the nearest downstream recreational waterbody. Square Footage Ratio to Lot Area of Impervious 12,325 sq. ft. Maximum Allowable 3,081.25 25.0% in Shoreland Overlay District Existing Conditions 2,910 23.6% Proposed Impervious Coverage 4,084 33.13% Net Increase in Impervious 1,174 9.53% (over existing conditions Excess Impervious Coverage 1,002.75 8.13% (over 25% maximum The applicant is requesting approval of a CUP and proposes to construct a large rain garden to retain stormwater runoff within the site and to allow for greater amounts of on-site infiltration. The applicant also proposes to redirect downspouts to lawn and rain garden areas. To reduce the impervious area on the property, the applicant proposes to remove the existing 120 sq. ft. shed on the property. The proposed figures include removal of the shed. Further, three "rock beds" will be replaced with grass to assist with infiltration. According to the applicant's submittal, these measures will reduce stormwater runoff leaving the site. Effectiveness of Mitigative Measures — The applicant proposes to mitigate for additional impervious runoff through the construction of one large rain garden to retain/infiltrate stormwater runoff from the proposed excess impervious coverage and also provide for additional retention/infiltration of stormwater runoff from some of the existing impervious coverage (rooftop). Much of the beneficial impact of rain gardens/infiltration basins is dependent upon the design, soil conditions and implementation methods. In addition, infiltration basins also require ongoing monitoring and maintenance of the vegetation and sedimentation to ensure continued functionality as needed. The mitigative rain garden/infiltration basin should be designed to accommodate 100% of the runoff from a 1%, 24-hour storm event (alta 100 -year storm), due to being within the Shoreland Overlay District and the directly -contributing drainage area for Fish Lake. A 1%, 24-hour storm event for Eagan is 7.47". Based on the proposed excess impervious coverage over 25% (1,002.75 sq. ft.) and the 7.47", 24-hour event, the total amount of effective impervious retention should be 624 cubic feet. Capturing 100% of the runoff volume (from the excess impervious area total) for a 1% storm event would be a warranted conservative mitigation approach, and would satisfy the CUP standard of meeting non -degradation standards for phosphorus for the nearest downstream recreational waterbody. Planning Report — 3656 Pinecrest Ct October 27, 2015 Page 5 If rain gardens/infiltration basins are allowed to mitigate the "excess" impervious area, they should be installed according to the guidelines of the Minnesota Stormwater Manual and the City of Eagan Engineering Standards Manual. Designs and installation practices should be inspected by the City Engineering Division. After completion, the applicant should provide documentation (as -built drawings and volume measurements) to verify they were constructed as designed with required minimum sizing. No additional impervious should be allowed on this lot. Maintenance — Because the proposed additional impervious area will be permanent, the rain garden/infiltration basin should be maintained over time to function properly for retention and infiltration of stormwater runoff. Since the proposed mitigative measures will be located on private property, ensuring that such regular maintenance occurs could be challenging. Therefore, the City should have legal assurances, and the land owner should enter into a long-term maintenance agreement with the City, in a form acceptable to the City Attorney. Landscaping — The applicant is proposing to regrade the yard to accommodate the swimming pool and create swales and sub -surface piping (drain -tile) that direct stormwater drainage to the proposed large rain garden/infiltration basin. Turf grass should be reestablished over the disturbed areas and the rain garden planted with appropriate vegetation that is well-suited to such growing conditions and to aid in stormwater treatment and absorption. A Landscape Plan (to City Code specifications) for the rain garden should be provided prior to release of the CUP for recording. SUMMARY/CONCLUSION The applicant is proposing to construct an in -ground pool and pool deck on a single-family lot within the Shoreland Overlay District of Fish Lake. Shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The applicant is requesting approval of a Conditional Use Permit to allow 33.13% impervious coverage. The Conditional Use Permit is subject to the eight points listed in the Authority for Review section of this report, in addition to the three criteria specific to increasing impervious area that are listed in the shoreland zoning ordinance. Fish Lake is classified as one of Eagan's top priority lakes. The applicant is proposing to mitigate the impacts of the increased impervious surface by removal of the existing shed, redirecting downspouts, and installing a large rain garden within the site. The mitigative measures should be designed to accommodate 100% of the runoff from the "excess" impervious area. If installed correctly and routinely maintained, they will sufficiently offset the excess impervious area. To ensure on-going maintenance and functionality, the landowner should enter into a long-term maintenance agreement with the City, in a form acceptable to the City Attorney. Planning Report — 3656 Pinecrest Ct October 27, 2015 Page 6 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District for an in -ground swimming pool and pool deck on a residential lot located at 3656 Pinecrest Ct. If approved, the following conditions shall apply: 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated September 30, 2015 2. The impervious surface of this lot shall not exceed 33% per the Site Plan dated September 30, 2015. 3. The applicant shall construct the pool and required infiltration basin by July 1, 2016. The applicant shall also provide a financial guarantee in the amount of $3,000, prior to the release of the CUP, to ensure installation occurs per the approved plans. 4. Prior to the release of the CUP for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the raingarden(s) installation. 5. The proposed rain garden/infiltration basin shall be designed and constructed to effectively capture, retain and infiltrate 100% of the impervious runoff from the excess impervious surface total from a 1%, 24-hour, 7.47" rainfall event. 6. Mitigative designs shall be reviewed and accepted by the City Engineering Division and the installation shall be inspected by City staff at the time of installation. 7. As -built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 8. The applicant shall enter into a long-term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney, to be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. 9. The applicant shall discharge water from the pool (including filter backwash) in a form and manner acceptable to the Water Resources Manager. 10. The proposed rain garden/infiltration basin shall be designed and installed according to the guidelines of the Minnesota Stormwater Manual and the City of Eagan Engineering Standards Manual, and shall be constructed so that temporary ponded runoff has infiltrated below the surface within 48 hours after the end of a rain event. Planning Report — 3656 Pinecrest Ct October 27, 2015 Page 7 11. The proposed rain garden/infiltration basin shall be designed to safely overflow to the front yard of the residence and shall not discharge into neighboring properties. 12. The applicant shall provide a detailed Landscape Plan, per City Code requirements, for the proposed rain garden/infiltration basin that provides plant quantities and plant spacing that will ensure 80% plant coverage by the end of year 2 after planting. City of Eapn Location Maa Project Name: 3656 Pinecrest Ct Request: Conditional Use Permit Case No: 15 -CU -09-09-15 U rarceis seiecnon UParcels Buildings Parks AAA AAS City Boundary N Feet 0 500 1,000 2,000 This map is for reference use only. / Project Name: Kalifornia Pools - 3656 Pincecrest Ct This Is not a survey and is not Indtended Request: Conditional Use Permit to be used as one. 100 50 OFeet Case No.: 15 -CU -09-09-15 Aerial photo -Spring 2014 W N co V,UTT co 880.87 145 FEE -1.. _ S^P� LE N FEET' SCALE I INCL 10 FEE F 145 FFFl ( IYO 50 FT `'sHEIDI TOTAL WARD COVER A2 c� FT 23,95 PRRC.FNT b7q,79 45 FEET' I TOTAL HARD COVIR 20P SO PF FT 23,q' JR(IN f ' 145 FEET LOT 121325 50 FT PROVED kARD COVER TOTAL 4011 DO 1:1 33.13 PERCENT SWALE 20-V 6 i ll - I 3� GARAGE 8BO.05 SCALE N FEET SCALE I ING-1 -10 FEET 10 50 FT lb x �5 poa- FEET 684 50 FT KRCe4T OUSE .... . ..... Cczzrete 560 5Q FT Dr dn ble fram da W ME-, EIVED S Rain garden plants Blue grama Side oats grama Purple cone flower Black eyed susan Ip u„....: z ,nIVED S° a -,,(\ 5 P-cO\- A A 57 u a"IVED sn' 3 15 �CNU,15 Interstate Geotechnical Engineering, Inc Patrick J Hines, PE 8167 100' St S Cottage Grove MN 55016 (612)414-5770 29 September 2015 Kalifornia Pools Att' n: Mike 1070193 d Ave N, Suite I Maple Grove MN 55369 Re: Proposed Infiltration Facility 3656 Pinecrest Ct, Eagan, Minn In accordance with your authorization, I have completed the above referenced investigation to determine site suitability for the proposed construction. Please accept this latter an attachments as my report of work accomplished to date. The area tested is to the rear of the residence at the above referenced address. I understand that, due to a plan to install a swimming pool that will increase the impervious area of the site, some stormwater must be diverted to an infiltration facility, or rain garden. I further understand that you need essentially a classification of soils below 3' according to the USDA Hydrologic Soil Groups. It is upon this basis that the rain gardens will be sized. At an onsite meeting, you showed me where two primary borings were to be put down, in the main infiltration area, and a third boring in a proposed auxiliary infiltration area. I put the borings down essentially as planned. Method of investigation is the hand auger (IIA) method, described as perthe attached explanation sheet. This attachment also describes the primary soil classification system used (Unified - chart attached) and method of groundwater measurement. I personally performed the borings, immediately classifying soils onsite. Soil strength was determined on an empirical basis by such means of drilling ease or difficulty, nature of recovered soil samples, etc. Refer to the attached sketch for boring locations. In addition, the borings were marked in the field with lath. Ground surface elevation at each of the boring locations was determined to the nearest 0.1' using an engineer's level and referenced to top of foundation level of the existing residence at the rear, as shown on the sketch. As there was no conveniently available sea level datum in the vicinity, this temporary bench mark was assigned an arbitrary reference elevation of 100.00. Elevations are shown on the bore logs and on the site sketch. Accuracy of this should not be taken as any greater than the methods used would imply. FLU L ./ . €>.vcsco. e � Kalifornia Pools 29 September 2015 Page 2 Attached is a log for each of the borings together with a key explaining terms and entries on the log sheets. Please be advised that the depth of individual layers of soils may vary somewhat from what is indicated on the logs due to the inexact nature of auger sampling and, most importantly, the occurrence of transition between soil layers. Also be advised that soil conditions not at the boring locations may vary. Once 3' of depth was achieved in Borings 1 & 2, the USDA Hydrologic Soil Group was noted in the right -most column at the appropriate relative positions. I found very good potential to site infiltration facilities here, often at less than 3' of depth. There is 1'/2 of a low quality topsoil at the locations of Barings 1 & 2 (only 9" at Boring 3), a silty fine sand with clay, mildly organic, light black (OL), surprisingly with a gravel content (hence, some of this could be poor quality topsoil fill). At the bottom of this in Borings 1 & 2 is a half foot of clayey sand (SC). Commencing at 2' in both borings is highly permeable material. In Boring 1 it is a fairly clean biased fine & medium grained sand (SP), with a fair gravel content. This persisted to boring termination at 5'. In Boring 2, after a gravelly interface, it is a silty fine sand (SM) with a low clay content at first, slightly less silty with depth. At 4' the soil is a material very similar to lower soil in Boring 1. Most of these soils below Tare Hydrologic Group "A" soils (highly permeable). Only the upper silty fine sand in Boring 2 may be a borderline Hydrologic Group "B" soil. Subsoil in Boring 3 is different, somewhat, in that fairly clean sandy soil commences at 9 It has a high gravel content, with cobbles. With depth, the cobble content increases. This material was difficult to penetrate despite using a larger diameter auger and other auxiliary means. Refusal to auger advancement was soon experienced at 1.9' ofdepth. Bottom of hole evidence indicates that this is due to a layer of almost exclusively cobbles. No further attempt was made as it is highly unlikely that a soil zone that is not Hydrologic Group "A" exists below (at least to 5'). Still, this bore hole was left open, but covered, so anyone can examine cuttings (and observe the high gravel and cobble contents). This soil has the highest permeability rate of any encountered in this investigation. Groundwater was not found in any boring as no water appeared in the bore holes after a short monitoring period and the granular soils were not saturated. Some upper soils are overmoist, however (a result of the somewhat higher precipitation pattern of recent). These subsoils are glacial outwash in origin. That is why they are fairly clean, but varying. I leave it to your designers to interpret and use this data accordingly, As indicated, subsoils have good potential for infiltration. If you use a Group A rate, and encounter a little Group B or such soil, it can be subcut out and refilled with clean coarse sand. Refer to the "Limitations of Investigation" attached to this report. Due to the nature of random small volume sampling and testing, no warranty of the site is made or implied. Kalifornia Pools 29 September 2015 Page 3 Thank you for the opportunity to have been of service. If you have any questions on this, or if I can be of assistance in any additional capacity, do not hesitate to contact me at your convenience. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. Respectfully submitted, INTERSTATE GEOTECHNICAL ENGINEERING, Inc N& Patrick J Hine�SPP�E- President OE Reg No 12086 VTAT C. 0 enclosures N A U pH/SC METHOD OF INVESTIGATION AUGER BORINGS The .Auger Boring procedure is one of the simplest methods of soil in- vestigation and sampling. Its limitations are that recovered samples are disturbed samples, and that depth of possible investigation is limited by various factors. Depending upon skip, of the operator or crew chief, various engineering properties of soil., such as soil profile, estimated inpl,ace strength, etc, may be determined by this method. It may also be used to retrieve samples for laboratory testing and determination of suitability of soil for other purposes.This describes the most often procedures used. In this procedure, augers are advanced into the ground by hydraulic/ mechanical, means. At intervals, usually 51, the auger withdratm and soil samples are retrieved and classified, retaining samples as necessary for .fi_rther analysis, Record data includes depth to changes in strata, descrip- tion of soil in each major stratuin, groundwater depth or elevation where found, and other information. This is in .accordance with the American Society for Testing and Materials (ASTM) Designation: D 1452-80, "Standard Practice for Soil. Investigation and Sampling by Auger Borings". Sometimes, hand auger borings of various; types are used to accomplish the same purpose. Hotaever, penetration depth is usually .Limited. Its advan- tage is greater accuracy and the fact that a hand augar boring may be the only type possible where access 1,s limited for power auger machinery. (over) Interstate Geotechnical Engineering: Inc UNMED SOIL CLASSIFiCAnON 4�t}oe Group'[.vp6cW bols nwnes sbiiic iaboralory ciiattkm aitais GW Wed-rwk s gravels. gravel -sand - d r resier than 6: C4 p r !D„ bwan Cu AE' g eteen I d 3 mixtures, little or no fine! 6 � � D..aD. Q � C r r 4 = � r GF Poorly graded gmvds. gravid- "Ir Not meeting all ilr-adal]on requitements for GW _ c sand mixeitres, tattle or no flocs yy 4 M y V Or 41^ y CIM d AtlertK limits below "A" •G. Vt Vt silty 9--8S. gravel -sand -5th L n g mtxturrs lira or P. I. Icla lhan A Above ,•A" line with P.l. w— y u Y Lyi v a between s and T are bop. •� v l" derf ne cues rLquiring vu .. d "e Clayey gmvds. gtavei•sand-clay Altl rbcrg iimit5 above "A" of dual wittboLS a mixtures = line unth PJ, greater i han 7 Y ± $W 411 -graded sands. graseliv c `uo C =�D,, greattr than a; C r IC7'.r' he We ^ I and 3 u c G „c sands, little or n0 fines a D, D AD.. '= t' x Y c SP Poorly graded aands, Smelly c V ' *lot in allgradau0n reastt mart g usreenls for SW :;ands. little or no Panes Q 5A4 Slily sands, sand -slit ^ - Aucr",+crg litres beiow "A" Limits plorting In hatched 'a` tJ sirOuras ° 8 line or P.S. less than a zone Willi P.I. berNeen a 4 _ y a red _ _ ,� and' are horderhrre oases 5C Clayey sands. swd»clay mix. ^ d a Attetbcrg limy a abevr "A' bola tang use of Huai (yin• lincwith P.S. grcatrfShan " inorganic silts and vee fine �L sands. rock Rout, silty 0r cigyrr- 60 t Rae sands or clagcp aillc with Foe etasuricannn of fire grained S1101 plasticity will and Ant franion of coarse+ Inorganic clays of low to ma s0 grained wits. CL dium Piaattcity, gravcliv clays. alrerber( litmus olotnn` in ; � v +� o sandy clays, sth• clays, Icon hatched arts art- bordt-enc C",^ I♦f7Cai1Jlts regL'Inn( use Of .pal b 4 clays40 svmoois. »•••- •- in 7L; Pl.g "5 l L Xi s OL Organic silts and organic silly u t r z slays of ION plasttmly 30 vv ` Inorganic silts. micaceous or t " rlrr`xna M", $ :NH diworracrous fine wady or Q 10 � " s silly soils. e{astic sills t r CH inorganic clays of high plan. —, •3 to s o , deity, rat .'ars 0 10 20 30 40 .y0 60 10 go 90 l0() } OH Organic clava of mediucit :o Q v high 9LWicrty, organw still Yy O - p! Pear Mw otter higtily rw&ana re LultAid mit V Baring NO I Eels = 97.5' w N � gig n to Boring No 2 Elev ="97.1 4oap— Boring No 3 U t Hlev 96.7 Ph 0 v H M N LOCATIONS OF Patrick. I R3ues, PE d SOIL FORINGS 8167 1i7.0th'�t.S o Ccr Cage Grove Mtn 55016 .. wa, -N- SCALE: 1" = 20' naAwN ev pTI DATe: 2H Set 2015 Proposed Infiltration "770 Facility 3656 Pinecrest Ct Eagan, Minn Client: Kalifornia Pools Maple Grave, Minn bu" ISUKIDIU LUU 8,167 100th 51 S Patrick J H-itxess -PE L �u allege rave MN 55016 Proposed Infiltration Facility PROJECT; 3656 Pinecrest Ct, Eagan, Minn LOG OF BORING NO: � pEIgTH _ SURFACE ELEVATION: 97.5SAMPLE LAS OTHER TESTS IN GEOLOGY N WeFEET DESCRIPTION AND CLASSIFICATION # TYF+E R W DEL.L. P.I,.. SILTY FINE SAND, w/ clay, Mildly Topsoil/ N 1 HA Organic, Lt Black (OL) Topsoil w/ a little gravel Fill moist to very moist, loose to firm '1 N 2 HA CLAYEY SAND .(sand is finer gr), Dark 2 Brown to Reddish Brown (SC), moist to very moist loose to fi Glacial I SAND, poorly graded (pred fine & med, Oi�twash N 3 HA a little cs), w/ tr to a few fines, 3 Brown to Reddish Brown (SP) I w/ a little to some gravel Hyd Group oist, rather loose "A" Soil w tr fines 1 4 ]Dark Yellowish Brown Yellowish Brown to Dk Yellowish Brn 5 End of Boring - No Refusal i 6 i Bore hole void backfilled w/ produced c I cuttings on 28 September 2015 { f 7t96>i`l.. Calm, Most-� WATER LEVEL MEASUREMENTS DRILLING DATA ly cloudy DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING MUD LEVEL WATER LEVEL drew h18$ _ AH 28, Set 13.44 51 4.8' None Method; 3" SCS Bucket Hand) Auer Boring Completed:_ 28 September 2015 15:38 " ,T :su.J.J- JBUKI- U LLKi Patrick J NUes, Pia 8167 100th' S S - 5�tta e Grove M[eT 55016 Proposed Infiltration Facility PROJECT: 3656 Pinecrest Ct, Eaaan, Minn LOG OF BORING NO: - _ z DEPTH � SURFACE ELEVATION: 97.1 - SAMPLE LAS & OTHER 'BESTS IN FEET GEOLOGY N WS �--- DESCRIPTION AND CLASSIFICATION # TYPE R W DE pZ SILTY FINE SAND, w/ clay, Mildly Topsoil/ Organic, Lt Black (OL), w/ tr gravel N 1 HA moist to ver moist, loose to firm y Fill r N 2 HA CLAYEY SAnd (sand is finer gr), Dark 2 Brown to Reddish Brown (SC), moist to Glacial L moist, loose to firm` Outwash # -gravellyinterface . SILTY FINE SAND; w/ tr clay, Brown to N 3 RA Hyd Group# 3 Reddish Brown (SM), moist, rather firmto B Soil! sl lass silty w/ depth ## 1 4- N 4 HA p "A" Soil SAND, poorly graded (pred fine gr, w/ med, tr. cs), w/ tr to a few fines, Brown to Reddish Brown (SP) Dist, rather firm 5 Yellowish Brown w/ tr fines # # sl coarser gr, w/ tr gravel 6.1 ! Y End of Boring - No Refusal 7 Bore hole void backfilled w/ produced cuttings on 28 September 2015 r: 0�F Calm, Ibstl WATER LEVEL MEASUREMENTS DRILLING VATA C DATE TIME CASING CAVE-IN DRILLING WATER— DEPTH DEPTH DEPTH DEPTH MUD LEVEL LEVEL Crew Chief.., ___.__.__... 28 Sept 14.08 6t None None Method: 3" SQS Bankpa Handr Bonin Compiete�d; 28 Se tem eer 2015 15:40 ►, n 5U1L liU1f._i,1V% .N..� Patrick J lKnes, .Pg 8167 100th S' S f•ottage. Grove MN 55016 v� Proposed Infiltration Facility P80JEC'T: 3656 Pinecrest Ct, Eaean, Minn LOG OF BORING NO: 3 � � DEPTH IN FEET SURFACE ELEVATION: 96.7 - - GEOLOGY N WB SAMPLE LAB & OTHER TEST'S DESCRIPTION AND CLASSIFICATION TYPE R SILTY FINE SAND, w cla, Mildly r- ganic, Lt Black (OL), w�a little gra- Topsoil N 1 HA vel, moist to very moist, loose g" 1 .92 Glacial Outwash N 2 HA. i I Hyd Group � "A" Soil I SAND, rather well graded, w/ fines, Dark Reddish Brown (SW), w/ some gravel w/ cobbles (more w/ depth), moist, firm / tr to a few fines, many cobbles Refusal -End of Boring 3-Bore hole left open, but covered , l 4 i i 1 t { r i s eather: i V0°Ftl, Calm, Mostl WATER LEVEL MEASUREMENTS DRILLING DATA QTY DA7£�� 3!INE SAMPLED DEPTM CASiNG DEPTH CAVE-IN DEPTH DRILLING MUD LEVEL WATER LEVEL Grew hiefi__ pH _M3ept 4.52 1.9' No a None Method: 3" & 6" Bucket Augers__�__ 15:44 928 September 2015 Crrin{� +C+ampi,e4ed; P ra'trick J Hines, PE $167 100t" St ��.,-...._._�._._.-..__..__...._..«..,._..,,._..._,._._....._._.,.,.«...«.,m__..�........,�_..,_.._.«�...._.......w..w._ ..............._......«.CoCtagP +'>rovn+riN 5501ti„_,.._�.. LOG OF BORING NO: pE�'"iti �SUAFACEELEVATION! _ T EAMPLIr LAB A OTHER TESTS !N —GEG'LGGN V�'6`— L L ----� FEET DE6G'�IF''iICNANt)CLASSIFICATIO?N _._fy TYPE it W pE p� rY�' ji 1 ! I! i 3 I r i Soil Classification, using Orrin 1 ` � ` ! j Omer ; viSLIH2—TGA..E131 c'liGS/C. iihCYr3^ Cf SOx1 � 1 t I i $ ; tory methods, accradinr to the `�� �, 1t 1 � ' „�'cz��aly i L',.i.f:'ed Soil Ml 3 ificatlon l ; 7 $jG;21Ty C1Y 1'4 Gt:'ie.r system as 1 l T in1T; .•k �' ' - Penetration "N" I I i Valut - Nutrber 4 I 'of blows Lo d-1ve Split -Barrel Sam- pler one Poor t Water �+ Bearing es I = It'.3t E ;: I r r A )G t . ey-Frl. of SF-my.I j Tr;'I C8'. ee pc r, c ?n7t.t :r F ZI t Al I '6AiE ^if 4'Cw f?i :1 .^f Frt'y�ra._ rNi1l-iti_.DA.TA. . f ."[ T'.YE �Ip a I EG ✓h GSF t ir_. .tytL Lt I. } 7 - y Kalifornia Pools, Attn: Mike Re: Proposed Infiltration Facility 3656 Pinecrest Ct, Eagan, Minn 29 September 2015 LIMITATIONS OF INVES'T'IGATION The Soils Engineer has prepared this report in accordance with generally accepted soils engineering practice utilizing an ordinary level of care. Because the borings represent only a small portion of the total site and for other reasons, it is not warranted that the borings are necessarily representative of the entire site but only of the boring locations at the time of the investigation. No warranty of the site is made or implied, nor can the soils engineer be held responsible for facts not disclosed. The scope of this report is limited strictly to geotechnical issues which include identifying and analyzing soils and only those conclusions expressly made. Note that this work is not intended to document the presence or absence of any environmental contaminants at the site, nor for identifying applicable local, state or federal laws or regulations of a non - geotechnical nature which may or may not be applicable to this site. Because of the influence of various construction procedures on site suitability, results presented in this report may lead to successful accomplishment of the work only if appropriate and continuing review of construction and conditions is carried out by capable personnel. Soils retrieved in the field investigation process were classified in the field by the Soils Engineer. All were immediately discarded. Borings 1 & 2 have been backfilled with produced cuttings. Boring 3 is open, but covered. This report is provided only for the use of the Client named in the report and consultants and agents for the stated purpose. No other representations are made to other parties or for other purposes. We propose to add a pool and concrete around the pool to an existing residence. Currently there is 2,952 square feet of hard cover between the house, garage, drive and walk ways, and shed. The property has 12,325 square feet tots; space. We have a current hard cover calculation of 23.95 percent. We propose to add a pool and concrete surrounding that would bring our hard cover number up to 4,084 square feet and bring our hard cover number up to 33.13 percent. We will be building a 60 foot by 20 foot rain garden to the rear of the property, this will off set the increased hard cover in terms of controlling water run off. We have set this rain garden in a spot that will allow us to capture the water run off of the back yard and also have set drain tiles surrounding the pool and set in pea -gravel at a pitch of 3 inches per 10 feet to capture the water run off of the pool and concrete area. We have 2 drain tiles that will be set of the back corner of the house in both directions that will capture the roof water for about 930 square feet of the house. We will capture almost 2,000 feet of hard cover run off and add 1,132. We have taken other actions to reduce water run off by removing the shed that is currently counted in the hard cover and also removing 3 rock beds that currently consume 440 square feet of the yard and replacing them with grass. We will now be able to redirect 95 percent of the back property water to the rain garden, and we will provide a system that will -get that water into a proper drainage soil condition. The soil after 2 feet deep in this location turns into a very clean sand material, and that continues to past 5 feet in depth. we feel that this sytem can very easily handle any increased water run of and will now be a much better water controlling property than it was before the project (currently is). John & Lydia Lodoen 3660 Pinecrest Ct. Eagan, MN 55123 johnlodoen@yahoo.com September 20, 2015 Advisory Planning Committee 3830 Pilot Knob Road Eagan, MN 55122 Hello, I am writing in support of a conditional use permit for a pool to be built at 3656 Pinecrest Ct. Lot 13, Block 1, Pinecrest of Eagan. The site of the proposed pool is directly next to our lot. In the two years we have lived on Pinecrest Ct., Magie and Jamie Samuelson have been great neighbors. They currently have an above ground pool in their yard and are often outside in the summer playing with their kids and relaxing. They have always been considerate of our yard and never become loud or obnoxious. Magie approached us a couple months ago and asked what we thought of their pool plan. There are 4-6 trees on our property that would need to be cut down in order for the project to go as planned and Magie wanted to make sure it was ok with us. The trees are old and would likely have to come down in the next 5 years anyway. She offered to pay for their removal during this discussion and Lydia and I agreed. We appreciated Magie notifying us of her plans and having a discussion about the project since it will affect both of us. After learning about the project, Lydia and I believe the project will not only improve their lot but also ours as well by creating a defined fence boundary and removing the old, unsightly trees. We support the Samuelson's (Mike Paczkowski/Kalifornia Pools)permit application and see no reason why the City of Eagan should not grant them an interim use permit. Regards, John & Lydia Lodoen Agenda Information Memo November 2, 2015, Eagan City Council Meeting New Business B. Planned Development Amendment — Bald Man Brewing Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow a microbrewery, taproom and up to 60 outdoor patio seats located at 2020 Silver Bell Road Suites 24-29 subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Planned Development Amendment —At least three votes Facts: ➢ The applicant is proposing an 11,357 sq. ft. microbrewery and taproom with an outdoor patio of up to 60 seats within an existing 100,000 sq. ft. office/warehouse building. ➢ According to the applicant, "7,000 sq. ft. will be warehouse space for production, 3,357 sq. ft. for the taproom/restrooms and 1,000 sq. ft. for the corporate office". ➢ The existing PD, established in 1998, designates the property for a 50% office/50% warehouse building. The PD Amendment is needed due to a different use and a patio exceeding 24 seats and alcohol served within the patio. ➢ The surrounding area contains a mix of high density residential, school, office, warehouse and commercial/retail uses. ➢ The City Code was amended in 2014 to allow brewer taprooms, microdistilleries and farm wineries. ➢ Since manufacturing, including bottling works, was already a permitted use in the 1-1 (Limited Industrial) zoning district, breweries and microdistilleries were approved to be located as a permitted use in 1-1 as well. On -sale malt liquor, in conjunction with a brewer taproom or off -sale malt liquor from the premises in conjunction with a brewery are provided for as a conditional use and a patio was provided for as an accessory use. ➢ The patio is proposed behind the building, with up to 60 seats, and surrounded by a 5' chain link fence. ➢ The outdoor patio does not meet the 200 ft. special use setback requirement; however, approximately 200 ft. of occupied building space separates Bald Man Brewing and the nearest residential property. ➢ A public hearing was held at the October 27, 2015 Advisory Planning Commission meeting and the APC did recommend approval. Issues: ➢ The proposed location is located within a PD zoning district with an underlying BP (Business Park) zoning district. Policymakers should determine if the location is appropriate for the proposed use. ➢ Staff received two pieces written correspondence that included one in support and one in opposition to the requested amendment. 60 -Day Agency Action Deadline: November 15, 2015 Attachments: (4) NBB-1 Location Map NBB-2 Draft October 27, 2015, APC Meeting Minutes NBB-3 Planning Report NBB-4 Exhibits NBB-5 Additional Correspondences Fort Snelling a State Park �o a� Subject Site Y 6;,_ �w"e®ie Jnr Sky will Park IN! 401� City of Evan Location Map Project Name: Bald Man Brewing Request: Planned Development Amendment Case No: 2020 Silver Bell Rd OParcels selection Parcels Buildings Parks d�AYA6 ®er� City Boundary N Feet 0 600 1,000 2,000 Advisory Planning Commission October 27, 2015 Page 4 of 9 B. Bald Man Brewing Applicant Name: Daniel Jacobs, Bald Man Brewing Location: 2020 Silver Bell Rd; Lot 1, Block 1, Dallas Development 1st Addition Application: Planned Development Amendment A Planned Development Amendment to allow a micro -brewery, taproom and outdoor dining of 60 seats. File Number: 18 -PA -07-09-15 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 20, 2015. The applicant stated he was available for questions. Chair Filipi opened the public hearing. Richard Bradfish, who lives at 2091 Silver Bell Road, stated his concern with noise generated from a 60 seat outdoor patio and over -flow parking on surrounding residential properties. Louis Grams, who lives at 2103 Silver Bell Road, questioned the proximity of a tap room so close to a school and stated his concern with traffic, noise and current drinking activities on the site. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. City Planner Ridley stated the MAC school is located well beyond the protected use setback and that potential noise issues would be handled as any other noise infractions between 10 PM and 7 AM. Assistant City Engineer Nelson explained that the City does not anticipate traffic generated by the proposed to travel past the site and into the neighborhood and the anticipated peak traffic times for the use would occur outside of typical business peaks. The applicant explained that there would be no outdoor sound system and that ample parking would be available on site during their anticipated hours of operation. Discussion occurred relative to the type of fence enclosing the patio, the safety of the patio location and the history of the site's zoning. Member Landmesser stated she understood the noise concerns but was of the opinion that dialogue now between Bald Man Brewing and the neighbors could eliminate those concerns. The applicant explained that their business is not a bar and they would be happy to work with the neighbors. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval a Planned Development Amendment to allow for an 11,357 sq. ft. microbrewery and taproom and up to 60 outdoor patio seats, subject to the following conditions: Advisory Planning Commission October 27, 2015 Page 5 of 9 A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plan is required for the Agreement: • Patio Plan (60 seats) 2. The outdoor dining area is subject to City Code requirements including sewer availability charges (SAC) imposed as a result of the additional seating in the outdoor dining area. 3. A Building Permit shall be obtained for the patio expansion. 4. The Building Permit application shall meet requirements for accessibility maneuverability and egress/accessible door clearances per MN State Building Code. 5. The outdoor patio gate shall comply with the Liquor Ordinance requirements. Access shall be gained solely from the building and not the exterior. 6. All on/off-sale liquor shall be subject to a separate license and compliance with City Code liquor licensing requirements. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 20, 2015 APPLICANT: Bald Man Brewing CASE: 18 -PA -07-09-15 HEARING DATE: October 27, 2015 PROPERTY OWNER: Silver Bell Business Cntr APPLICATION DATE: Sept. 16, 2015 REQUEST: Planned Development Amendment LOCATION: 2020 Silver Bell Road Suites 24-29 COMPREHENSIVE PLAN: BP, Business Park ZONING: PD, Planned Development SUMMARY OF REQUEST PREPARED BY: Sarah Thomas The applicant is requesting approval of a Planned Development Amendment to allow for an 11,357 sq. ft. microbrewery and taproom and up to 60 outdoor patio seats for the parcel located at 2020 Silver Bell Road Suites 24-29. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 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 boundaries of any district or 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 Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The parcel was platted in 1986 as Dallas Development I" Addition and is part of a Final Planned Development, approved in 1998, to allow 50% office/50% warehouse on the property due to the amount of parking facilities provided. A parking setback Variance of 10 feet was approved on the southeast portion of the property along Highway 13 with the subdivision. A Conditional Use Permit (CUP) to allow a pylon sign was approved in 1986. Planning Report — Bald Man Brewing October 27, 2015 Page 2 EXISTING CONDITIONS The 8.2 acre lot contains an office/warehouse building constructed in 1985. The 100,000 sq. ft. building was designed to allow parking around the oval shaped building and loading docks in the center area. The property fronts Silver Bell Road on the North and East and has four access points on this roadway. The property also fronts Hwy 13 to the South. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The surrounding area contains a mix of high density residential, school, office, warehouse and commercial/retail uses. A Planned Development Amendment for the adjacent property to the northeast provides for limited retail sales. Code Requirements — The City Code was amended in 2014 to allow a brewery, brewer taprooms, microdistilleries and farm wineries. Given manufacturing (generally), including bottling works, was already a permitted use in the I- 1 (Limited Industrial) district, breweries and microdistilleries were approved to be located as a permitted use in the I-1 district as well. On -sale liquor, 3.2 beer or wine, on -sale malt liquor, in conjunction with a brewer taproom, or off -sale malt liquor from the premises of and in conjunction with a brewery, were approved as a conditional use in the I-1 district. Outdoor dining areas affiliated with a brewer taproom, were approved as an accessory use per the outdoor patio regulations. The proposed location of the microbrewery and taproom is located within a Planned Development within an underlying BP (Business Park) zoning district. City officials should determine if this location is appropriate for the proposed use. Description of Proposal — The applicant is proposing an 11,357 sq. ft. microbrewery and taproom with an outdoor patio of up to 60 seats within an existing 100,000 sq. ft. office/warehouse building. The patio area is proposed within a 900 sq. ft. space located in the service/delivery area behind the building. According to the applicant, "7,000 sq. ft. will be warehouse space for our production, 3,357 sq. ft. will be for our taproom/restrooms and 1,000 sq. ft. will be for our corporate offices ... This patio area will be clearly portioned off and it will not be obstructive to Existing Use Zoning Land Use Designation North Apartments, Condominiums R-4, High Density Residential HD, High Density East Office/Warehouse PD, Planned Development IND, Limited Industrial South Hwy 13/apartments/restaurant PD, Planned Development MU, Mixed Use West Vacant CGD, Cedar Grove District I BP, Business Park EVALUATION OF REQUEST Compatibility with Surrounding Area — The surrounding area contains a mix of high density residential, school, office, warehouse and commercial/retail uses. A Planned Development Amendment for the adjacent property to the northeast provides for limited retail sales. Code Requirements — The City Code was amended in 2014 to allow a brewery, brewer taprooms, microdistilleries and farm wineries. Given manufacturing (generally), including bottling works, was already a permitted use in the I- 1 (Limited Industrial) district, breweries and microdistilleries were approved to be located as a permitted use in the I-1 district as well. On -sale liquor, 3.2 beer or wine, on -sale malt liquor, in conjunction with a brewer taproom, or off -sale malt liquor from the premises of and in conjunction with a brewery, were approved as a conditional use in the I-1 district. Outdoor dining areas affiliated with a brewer taproom, were approved as an accessory use per the outdoor patio regulations. The proposed location of the microbrewery and taproom is located within a Planned Development within an underlying BP (Business Park) zoning district. City officials should determine if this location is appropriate for the proposed use. Description of Proposal — The applicant is proposing an 11,357 sq. ft. microbrewery and taproom with an outdoor patio of up to 60 seats within an existing 100,000 sq. ft. office/warehouse building. The patio area is proposed within a 900 sq. ft. space located in the service/delivery area behind the building. According to the applicant, "7,000 sq. ft. will be warehouse space for our production, 3,357 sq. ft. will be for our taproom/restrooms and 1,000 sq. ft. will be for our corporate offices ... This patio area will be clearly portioned off and it will not be obstructive to Planning Report — Bald Man Brewing October 27, 2015 Page 3 any of the very light traffic that the building has (in) the back lot." Hours of operation are planned from 3 pm — 10 pm on Tuesday- Sunday. In addition to the microbrewery and taproom, the applicant proposes to sell growlers (64 -ounce container) at this location; therefore, an off -sale malt liquor license is required. Patio Plan — Enclosure of the patio and controlled access from within the building is required of a brewer taproom in order to serve alcohol on the patio or if more than 24 seats are proposed; both are proposed. The patio is also subject to the Special Use Setback requirement of 200 ft spacing from any point along the outer edge of any paved parking or drive lane area, excluding driveway access point, on which the use is operated, to the nearest point on the property line of the lot on which the protected use is located (residential to the north). The applicant submitted a Patio Plan which identifies up to 60 seats, surrounded by a 5' chain link fence. A Building Permit will be required for the patio. The additional seating will be subject to sewer availability charges (SAC). As submitted, the plan lacks the level of detail that is necessary to determine if the proposal can meet Building Code requirements. Building Inspections staff has reviewed the plan and has raised concerns regarding accessibility maneuverability. Additionally, the door that leads to the patio from the restaurant is one of the required exits to the exterior. A clear, unobstructed path of egress and accessible door clearances will be required to be incorporated in the patio design. It is questionable whether the space can accommodate the amount of tables as proposed, and meet both Zoning and Building Code requirements. To be compliant with the Liquor License requirements, the gate should be designed so there is no access from the parking lot. This is included as a condition of approval. Lastly, the closest point of the outdoor patio to the residential property line is approximately 360 feet and the building is located between the residential property and the outdoor patio. While not technically meeting the 200' setback requirement, there is approximately 200 feet of occupied space by other tenants between Bald Man Brewing and the nearest residential property and the Planned Development can allow for this deviation which appears reasonable. Parking — Given that hours of operation, specifically peals times of evening and weekend, are opposite traditional office/warehouse hours, parking should not be problematic. According to the applicant, "The building currently has 220 parking stalls and BMB (Bald Man Brewing) is assigned 28 spaces." The City does not have a specific ordinance pertaining to parking for a microbrewery/taproom; however, a restaurant would require one stall based upon three seats, based upon design capacity. It is unknown what the design capacity is of the proposed space. Also, an additional 3 parking stalls are required based upon the 60 outdoor patio dining seats. SUMMARY/CONCLUSION In summary, the applicant is requesting a Planned Development Amendment to allow a microbrewery and tap room. Ordinance amendments were approved in 2014 to allow this type of use within the City; however, the use was intended in the 1-1 zoning district. The Planning Report — Bald Man Brewing October 27, 2015 Page 4 appropriateness of the use, as outlined in this report, is a policy matter to be determined by City officials. The proposal includes an 11,357 sq. ft. microbrewery and taproom with an outdoor patio area of up to 60 seats. The parking required including the additional patio dining could be accommodated via existing stalls on the property given the different hours of operation from the majority of the tenants. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow for an 11,357 sq. ft. microbrewery and taproom and up to 60 outdoor patio seats for the parcel located at 2020 Silver Bell Road Suites 24-29. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dalcota County Recorder's Office prior to issuance of a building permit. The following plan is required for the Agreement: • Patio Plan (60 seats) 2. The outdoor dining area is subject to City Code requirements including sewer availability charges (SAC) imposed as a result of the additional seating in the outdoor dining area. 3. A Building Permit shall be obtained for the patio expansion. 4. The Building Permit application shall meet requirements for accessibility maneuverability and egress/accessible door clearances per MN State Building Code. The outdoor patio gate shall comply with the Liquor Ordinance requirements. Access shall be gained solely from the building and not the exterior. 6. All on/off-sale liquor shall be subject to a separate license and compliance with City Code liquor licensing requirements. Alb - City of Eagan Location Map Project Name: Bald Man Brewing Request: Planned Development Amendment Case No: 2020 Silver Bell Rd Legend ® Parcels selection UParcels _..._...... Buildings Parks aea��s City Boundary N Feet 0 500 1,000 2,000 VA -J 1W im 0 Legend ® Parcels selection UParcels _..._...... Buildings Parks aea��s City Boundary N Feet 0 500 1,000 2,000 This map Is for reference use only. /t Project Name: Bald Man Brewing- 2020 Silver Bell Rd This is not a survey and is not indtended (�\ Request: PD Amendment to be used as one. 100 50 0 Feet N Case No.: 18 -PA -07-09-15 Aerial photo -Spring 2014 W EXISTINGUILL ING PLAID SILVERRELL � HannanEACAR MN nMnn°a March 6, 2014 IUW1,4Wh 0nle,m, 11 WVAINM9 7� fov 55t.VP6.]1;9 Bald Man Brewing 71 pq i - w 1 ) I ; A c I , de to "'5 T6, C k CA " -I L " >l le FN VI c C O1(6 VIJ tk, eltf, Ve f -pr;me &te% Bald Man Brewing, Inc (BMB)is proposingtoput amicro-brewery and ataproom at 20ZOSilver Bell inthe warehouse suites #24-29 at this location. [t\S11357square feet total and approximately 7IXJOGqftwill warehouse space for our production, 3,357 will be for our community taproom/restrooms and 1,000 will be for our corporate offices. Our American made 20 bbi brewhouse and cellar tanks have been ordered and will arrive in the spring of 2016. Bald Man Brewing wishes to get this PID amendment and start the build out for the production floor and the public taproom in January of 2016 for a planned June 2016 opening. our use Qfthis existing space iScompatible and consistent with surrounding uses. {tshould not have any land Historically, when[ninrObr8vverkss are built they irnpaCtone�isd��mn��Wrrou��in�propgrtyor�nyaO U5��. have apositive impact onall surrounding property values as itbecomes animportant part ofthe community. Bald Man Brewing will result in a better use of this property for it will become acommunity gathering spot and bring value tosurrounding businesses. BMB is working with the Metropolitan Counsel to determine if extra sewer charges will be incurred for our water disposal usage. Separate water and electricity meters will also beinstalled for our brewery needs. Bald Man Brewing will not impact the existing building and area layout except for adding gsmall outdoor patio area ofapproximately 9OOsq. ft. inthe back. This patio area will beclearly portioned off and itwill not be obstructive to any of the very light traffic that the building has the back lot. BK4Bwill permanently use the existing signage that the building has and will have additional signage for the first 90 days of our grand opening and promotional signage twice a year for special events that we may have. The building currently has 22Qparking stalls and BK88|Sassigned 28spaces. Out taproom hours are being worked out but we believe that it will be open from 3-10 pm on Tues -Sunday and the taproom busy times are in the evenings after work hours and on the weekends when the other businesses surrounding BMB will be closed soample parking will beavailable toour community supporters. From: Burns, Jim <jburns@mulcahyco.com> Sent: Thursday, October 15, 2015 10:37 AM To: APC Subject: Baldman Brewing r=ile # 18 -PA -07-09-15 CRM:07000292 Attachments: 20151015102657397.pdf To Whom it may concern: As the adjacent property owner to this site I'd like to publically state that we are "OR' with this proposed development and will not oppose the granting of any proposed variance required. Thanks, Jim Burns President Mulcahy Company Inc. From: Russ Hillerman [mailto:erh411706Ca)hotmail.com] Sent: Tuesday, October 20, 2015 3:06 PM To: APC Subject: Bald Man Brewing Community Development Dept. We strongly oppose the requested planned development to allow a micro -brewery, taproom and outdoor dining of 60 seats. This area has already had major volume increases such as the new Eagan Discount Mall, huge increase in new rental housing etc. Bringing such a business of this nature would again add additional traffic, noise, and activity to an already cumbersome residential area. We own a condo at 2103 Silver Bell Road which you can probably understand gives our residents a great magnitude of concern! Please consider voting "NO" to this development applicant: Bald Man Brewing. Thank you for your consideration. Russel Hillerman Barbara Johnson From: Mike Rldlev To: Sarah Thomas; Julie Stdd subjecu FW: Said Man Brewing/Danlel Jacobs/Baldman Brewing - Hearing on October 27 Dataf Friday, October 30, 2015 8;37:43 AM Please include in cc packet info. Thanks. Michael J. Ridley, AICPA City Planner I City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 651221651.676-56501651.676.5604 (Fax) I mridlev@citvofeaoan.com 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 —all and Its attachments from all computers. From: Richard Curtin [mailto:: Ichardcultln@comcast.net] Sent: Saturday, October 24, 2015 1:42 PM To: APC Cc: Clint Blalser,'Ruth Curtin' Subject: Bald Man Brewing/DanlelJacobs/Baldman Brewing - Hearing on October 27 Dear Planning commission and City Council Members: I own Silver Bell Apartments, located at 2091 and 2095 Silver Bell Road, home of 96 families who will be adversely affected if this Planted Development Amendment to allow a micro -brewery, taproom and outdoor dining with 60 seats is approved for 2020 Silver Bell Road. I am unable to attend the hearing on October 27, but I want to register my strong objection. I am opposed to taxing businesses where intoxicating beverages are served with hotnes, unless the homes were built with the commercial activities in mind, often the case with newer buildings. The City has done a wonderful job encouraging high quality development on the other (north) side of Silver Bell Road. That is where any micro -brewery, taproom and/or outdoor dining belongs — in a cotmnercial district surrounding by business and where any nearby residential units were designed with adjacent commercial development in mind. Noise is an issue for the families of Silver Bell Apartments. Silver Bell Apartments provides safe and comfortable decks and green spaces for its residents. The green space is so important to our families that I recently expanded the grounds by purchasing additional land adjacent to Silver Bell Aparhnents and rezoned it Agricultural, to protect and maintain the green space and trees that separates Silver Bell Apartments from the neighboring Silver Pines Apartments. The residents should not have to live next to a taproom, especially one with outdoor seating, Customers of any taproom are entitled to have a good time, to talk loud, to laugh, to make a lot of noise. Even people who are not drinking don't realize how far the human voice travels when someone is excited. This level of noise is not compatible with families who have small children, workers who have to go to bed early because they do not have 9 to 5 jobs, individuals who want to sit on their deck or enjoy the grass and trees by walking or sitting outside. Another issue is the conduct of the customers once they leave the taproom. It would be nice if customers who have been drinking go directly home at closing, driving responsibly and carefully. They don't. Itdoesn't take a bar full of patrons to disturb a neighborhood. One loud patron who is too intoxicated to drive or who just wants to "continue the party" or "walk it off' can make alot of people uncomfortable. We don't have street lights over our grass and trees. We have dothave fencing to keep others out. With a taproom, our property will (sometimes) become a publiotoilet, It will also become a dumping ground for litter. There will be loud "parties" in the dark portions of our property - the trees I worked so hard to maintain provide a lot of privacy at night, very nice for partying, Even if we assume a first class clientele of any taproom (an Unknown) and wonderful management, there is always the risk of fights or careless driving. It doesn't take very many loud arguments or screeching tires for our families to lose any sense of security in their own home. Silver Bell Apartments provides basic housing for a families. We do not have indoor meeting or party rooms, exercise rooms, indoor pool or any similar indoor amenities — in addition to a well maintained, safe building, all we have for our residents is peace and quiet, trees and lots of grass. Please don't destroy that. Richard T. Curtin Curtin Properties 952.484-3348 952-833-2032(Fax) From: chnstIna SCiolani To: Julie Sind subje,cn Fw, Taproom Proposal at 2020 Silver Bell Road Data: Thursday, October 29, 2015 1:51:54 PM Attachmentst Bald Man BrewinoDaniel JaCobsBaldman Brewing-.Hearino on October 27 mso For the Council Packet. Thanks[ Christina M. Sclploni, MPA, MCMC I City Clerk/Administraflve Services Coordinator I City of Eagan City Hail 13630 Pilot Knob Road I Eagan, MN 651221651-675-50341651-675-5012 (Fax) 14ie5.ojplgp((�GLN,pfga4ao cam THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and la thus for use only by the Intended recipient. If you received this In attar, please contact the sendct and delete rho —all and its attachments from all computers. From: Cheryl Stevenson On Behalf Of City Council Sent: Thursday, October 29, 2015 1:40 PM To! Christina Scipionl Subject: FW: Taproom Proposal at. 2020 Silver Bell Road From: Richard Curtin rmaiito•dchardcunin('tacomcast.net] Sent: Thursday, October 29, 2015 12:48 PM To: CityCouncil Cc: Clint Blalser; 'Ruth Curtin'; Mark Curtin Subject; Taproom Proposal at 2020 Silver Bell Road Mayor and City Council Members, A few days ago I received a notice that there was going to be a public hearing on Tuesday, October 27, to discuss allowing the sale of beer and an outdoor patio at 2020 Silver Bell Road. I followed the directions on the public notice and sent an email of objection, copy attached above. I was very surprised when I watched the video of the public hearing. There was no indication given that I had objected. I had articulated some very specific concerns and I am concerned that for some reason they were not delivered to the Planning Commission and they will not be included in the information given to the City Council for final determination. Before you vote on this matter, please consider the following: Regardless of how it is dressed up with a different name, this is a business that is going to sell beer to be consumed on the premises. We object. Do you want beer being sold across the street from where you and your family lives? This will bring additional traffic to a residential area at light. The dismissive comment at the hearing that there would be no additional traffic affecting the residents because there was no place to go is the point —people will make wrong hens and be driving around a residential neighborhood after drinking. Noise will be a problem. It is no answer, as was said at the hearing, that the police and neighborhood will work it out. The reason we have zoning is to protect neighborhoods. I was stunned to hear one person say at the hearing that this wasn't a big deal because when the building was built, the zoning was different. We have a zoning law now that does not allow this use — that is the reason there is a hearing. Litter and partying on our grounds will be a problem. Believe us when we say (it was said at the ]rearing, but dismissed) that we have had problems before from a pool hall at the same location — it was the hours and the fact that the residential grounds provide an attractive private area to hang out instead of going home. We survived the pool hall, but this will be much more of a problem for us. One argument for allowing the taproom was to say there used to be a gym here. This is not a gym. We do not object to a gym or any other permitted use. We object to the sale of adult beverage and outdoor seating at this location. I have tried to build a safe and desirable place for 96 families to live. We have trees, open spaces, darkness and lots of grass: All of our residents want to enjoy this enviromnent, whether sitting on their deck, using the playground, or walking around outside, They may be renters, but they are not second class citizens. Please don't make these families live with something you would not want to live with. Thank you for taking the time to hear my objections. Richard T. Curtin Curtin Properties 6310 McIntyre Pt, Minneapolis, MN 55439 952.484.3348 952-833-2032 (rax) Agenda Information Memo November 2, 2015, Eagan City Council Meeting NEW BUSINESS C. Conditional Use Permit — Keith Hurley/Nitti Sanitation Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow the outdoor storage of empty roll -off containers, smaller trash containers, trucks, construction materials and equipment, and an above -ground fuel tank, on property located at 1725 Meadow View Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The site is presently occupied by a 9,400 SF building that was constructed in 2000. ➢ The property is zoned 1-1 (Limited Industrial) with similar uses to the north, east and south. To the west is a railroad right-of-way, the Minnesota River and Fort Snelling State Park. ➢ 1999 CUP allowed outdoor storage of empty roll -off containers along south side of the property. Portable toilet storage was allowed on the north end of the site. ➢ This new CUP is proposed to better meet current occupants' needs. ➢ A site visit revealed current operations that suggest the type and extent of outdoor storage exceeds the capacity of the site. ➢ Conditions require a detailed Site Plan identifying the type and amount of outdoor storage, restriping of parking stalls, pavement markings on the site to contain storage, and improvements to storm water management to separate and capture debris and contaminants from storm water runoff, as well as the execution of a storm water maintenance agreement. ➢ Additional conditions prohibit storage items from restricting access to hydrants or obstructing the access easement to the lift station and that required permits and inspections be obtained for the fuel tank. ➢ A public hearing was held at the October 27, 2015 Advisory Planning Commission meeting and the APC did recommend approval. Issues: • The APC expressed concern over past non-compliance with the existing CUP and they also stated that redefining the outdoor storage and site layout with this new CUP presents an opportunity for the property to operate within compliance. 60 -Day Agency Action Deadline: November 15, 2015 Attachments: (4) NBC -1 Location Map NBC -2 Draft October 27, 2015 APC Minutes NBC -3 Planning Report NBC -4 Report Exhibits Fort Snelling State Park City L Project N Request: Case No: `� +�� rl 0+ •y eil liw •i �� ♦0 ww �w ■s I® A® FOUR OAKS RD a o O Central 1 Park Park i ti PLeg( �FL= C�2ark Z2 = QuQ Pmm Ommmmm a U !=®e® mmmmm 6�� 71I® 0 500 Advisory Planning Commission October 27, 2015 Page 6 of 9 C. Nitti Sanitation Applicant Name: Keith Hurley, Nitti Sanitation Location: 1725 Meadow View Rd; Lot 1, Block 1, Tyler Jay Addition Application: Conditional Use Permit A Conditional Use Permit for outdoor storage and an above ground fuel tank. File Number: 08 -CU -08-09-15 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated October 21, 2015. She also stated that the applicant was unable to make the meeting. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Discussion among commission members and staff occurred regarding stormwater runoff, the conditions of approval and past zoning enforcement efforts on the site. There was commission consensus on adding two additional conditions of approval. After the motion was made, members Piper and Sagstetter stated they would like to allow the use provided the applicant can meet all of the conditions of approval. Member Sagstetter moved, Member Piper seconded a motion to recommend approval a Conditional Use Permit to allow outdoor storage of construction materials and an above ground fuel tank, subject to the following conditions: Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 2. The applicant shall include an appropriately sized and designed, privately owned and maintained, storm sewer structure to effectively separate and capture debris and contaminants (including hydrocarbons and sediment) from the storm water from this site prior to entering the public storm system. Details shall be included in applicable plan sheet(s). The design and location of the structure shall be approved by the City Engineer, and the system shall be installed and operational by June 1, 2016. 3. The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 4. The applicant shall provide the City Engineer as -built plans that demonstrate that all modified and constructed stormwater structures/facilities (including conveyance) conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This Advisory Planning Commission October 27, 2015 Page 7 of 9 certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 5. The owner shall maintain all paved surfaces in good condition. 6. A detailed Site Plan shall be submitted prior to Conditional Use Permit issuance. 7. The plan shall depict the site layout, all drainage and utility easements, the City access easement, and all public utilities on the site. 8. No outdoor storage shall occur upon the City access easement, over or restricting access to any storm sewer or sanitary sewer manholes, or restricting access to fire hydrants. Direct access to the fire hydrant must be maintained free of obstruction, and allow for a minimum 20' drive aisle for trucks. 9. Required vehicle parking shall be as designated on the approved revised Site Plan. Parking stall striping shall be repainted on the pavement, and the area shall be reserved for employee and visitor passenger vehicle parking. Outdoor storage of commercial vehicles associated with the occupants of the building shall not be located in the required parking areas. 10. The applicant shall submit a revised Site Plan that depicts outside storage as follows: a) North area: Storage of only construction materials (scaffolding, siding, lumber and similar related items) and equipment, not to exceed 4 forklifts and 7 man lifts. These items shall be confined to the outside storage are depicted on the revised Site Plan and within the northerly 45' of the property, maintaining the required 20' drive aisle around the north side of the building. b) South area: Empty roll -off containers and trash hauling trucks, not to exceed a combined total of 32 roll -off containers and trucks. The south storage area shall maintain the utility access easement free of obstructions at all time. C) Western edge of site: Empty residential trash cans and 10 -yard Dumpsters to be encompassed within 15' of the curb (even with the western edge of the building) and shall be contained so as not to obstruct the utility access easement, access to the storm sewer or sanitary manholes, or access to the fire hydrant. 11. All outside storage shall not exceed 8 feet in height, and shall be maintained in an orderly fashion. 12. A minimum 20' drive aisle adjacent to the north side of the building must be maintained clear of storage and parked vehicles. 13. The owner shall install mesh fabric screening on the existing fence. The mesh screening fabric shall be kept in premium condition and replacement of the mesh fabric cover shall occur immediately if it falls into disrepair. Details of the proposed mesh screen shall be provided to City staff prior to installation. 14. The landscaping shall be replanted and restored in accordance with the approved Landscape Plan. Restoration includes removal of weeds and replanting of dead or Advisory Planning Commission October 27, 2015 Page 8 of 9 missing landscape plants. New landscaping shall be installed by June 30, 2016, and measures taken to establish a regular maintenance plan to ensure healthy plants over time. 15. The applicant/owner shall provide a $7,500 financial guarantee that will be released two years after the installation of the approved landscaping. 16. The 20' access easement for the lift station shall be kept clear of vehicle parking and outdoor storage at all times. 17. Cleaning of trash containers, roll -offs and other equipment shall be done inside the building and not outdoors. 18. Trash containers serving the occupants of the building shall be stored within the principal building as noted on the approved revised Site Plan. 19. The applicant shall obtain a mechanical permit for the fuel tank and required inspections to ensure compliance with the Fire Codes, including the installation of bollards if required by the Fire Code. The permit must be obtained and satisfactorily inspected prior to the release of the Conditional Use Permit for recording. 20. The applicant/property owner shall allow staff on site for periodic inspections to ensure the conditions of approval are being met. 21. Approval of the current CUP request will terminate and supersede any previous CUP's issued for the subject site. All voted in favor. Motion carried 6-1 (Dierkes). PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 2015 APPLICANT: Keith Hurley PROPERTY OWNER: Nitti Sanitation REQUEST: Conditional Use Permit LOCATION: 1725 Meadow View Road CASE: 08 -CU -08-09-15 HEARING DATE: October 21, 2015 APPLICATION DATE: Sept. 16, 2015 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of construction materials and an above ground fuel tank upon property located at 1725 Meadow View Road, legally described as Lot 1, Block 1, Tyler Jay Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — Nitti Sanitation October 27, 2015 Paee 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDMISTORY The property was platted in April of 2000 and the building was constructed later that same year. A Conditional Use Permit was issued to the property in December 1999 allowing outdoor storage of empty roll -off containers for a trash hauler tenant, Lightning Roll Off Service, and outdoor storage of portable toilets for tenant Action Portable Service. Lightning Disposal/Nitti Sanitation occupies the southerly portion of the building and continues the outdoor storage on the property. Preferred Properties, a commercial exterior cladding company, now occupies the tenant space that formerly belonged to Action Portable Services on the north end of the building. Preferred Properties has outdoor storage of construction materials associated with that business. It came to the City's attention that the property was out of compliance with the existing CUP and the owner was advised that a new CUP would be needed to incorporate the above ground fuel tank that had been added to the site, and outdoor storage of construction materials associated with the new tenant. Previous zoning enforcement actions have occurred on the subject site to address type of storage, amount of storage and debris in and around the two storm water drains. The applicant and owner are seeking approval of a new CUP that encompasses their current needs. Planning Report — Nitti Sanitation October 27, 2015 Page 3 EXISTING CONDITIONS The site is developed with an existing 9,400 s.f. building. The existing building and parking lot were constructed with development of the site. The building is connected to City sewer and water services. Standard drainage and utility easements are located around the perimeter of the property, a 60 foot wide drainage and utility easement is located along the southern side of the property over existing public water main, storm sewer, and sanitary sewer lines, and an access easement runs through the southern portion of the parking lot to provide access to a sanitary sewer lift station immediately west. A driveway provides access onto Meadow View Road. A rail road, owned by Union Pacific Rail Road Co., borders the property to the west. The Minnesota River is located west of the rail road. side of the property, the City easement was blocked by equipment storage at the west edge of the property, no bollards or other protective measures were present be around the fuel tank, storage of smaller trash cans and Dumpsters extended beyond the area defined on the Site Plan, a sanitation truck was parked in the area designated for required parking, and the vehicle parking was occurring adjacent to the building. A site visit was conducted following submittal of the CUP application. The outdoor storage observed on the site is beyond what is proposed on the submitted Site Plan, as well as what was approved with the 1999 CUP. Trucks associated with Nitti Sanitation were being stored along the south The outside storage on the north end of the property contained a variety of construction materials and equipment, and the storage appeared haphazard. A Trash Dumpster apparently serving the building occupants was located outside at the northeast corner of the building and not within an enclosure. Much of the site Planning Report — Nitti Sanitation October 27, 2015 Paize 4 landscaping is damaged, unhealthy or no longer present. Landscape beds at the site entrance are overgrown with weeds. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The proposed Site Plan identifies three areas of outdoor storage plus the above ground fuel tank. Preferred Properties proposes outdoor storage of construction materials and equipment on the north end of the site. Such storage includes "up to 50 pallets of miscellaneous siding material." Other items proposed to be stored outside include "construction trash chutes, scaffolding, i.e. ladders, planks, pole jacks as well as 4 forklifts and 7 man -lifts." All items are limited to a maximum height of 8', which is the height of the fence that surrounds the property. The siding materials, scaffolding, trash chutes are distributed to job sites as needed. "One forklift is onsite at all times ... to move pallets and miscellaneous about the yard." The 1999 CUP approved outdoor storage of empty roll -off containers associated with Nitti Sanitation/Lightning Disposal. The submitted narrative indicates that the trash hauler continues to occupy the building "and also need to update the C.U.P to include a 500 gallon diesel tank." The above ground fuel tank is present on the property and was installed without a permit. The diesel tank is used by both businesses. The fuel tank is addressed elsewhere in this report. Over the years, the outdoor storage has come to include smaller residential trash containers and Dumpsters, and the fleet of trucks, which the narrative identifies number 40. The existing CUP does not provide for outdoor storage of these items. The outdoor storage of items other than empty roll -off containers is a violation of the approved CUP. Therefore, expansion of the CUP to include the trucks and residential trash containers is encompassed in the present request. Staff is concerned that the extent of outdoor storage presently occurring on the property is excessive and not consistent with the storage represented on the proposed Site Plan. The Site Plan shows a site layout that is largely consistent with the performance standards in City Code. However, current site operations suggest the type and extent of outdoor storage currently on the property exceeds the capacity of the site. Staff is skeptical that the amount of storage and operation of the site can be brought into conformance with the proposed Site Plan. Existing Use Zoning Land Use Designation North Storage I-1, Limited Industrial IND, Limited Industrial South Warehouse/Distribution 1-1, Limited Industrial IND, Limited Industrial East Storage/parking I-1, Limited Industrial IND, Limited Industrial West Railroad, Fort Snelling State Park P, Park and Floodway P, Park, Open Space & Recreation EVALUATION OF REQUEST Proposal — The proposed Site Plan identifies three areas of outdoor storage plus the above ground fuel tank. Preferred Properties proposes outdoor storage of construction materials and equipment on the north end of the site. Such storage includes "up to 50 pallets of miscellaneous siding material." Other items proposed to be stored outside include "construction trash chutes, scaffolding, i.e. ladders, planks, pole jacks as well as 4 forklifts and 7 man -lifts." All items are limited to a maximum height of 8', which is the height of the fence that surrounds the property. The siding materials, scaffolding, trash chutes are distributed to job sites as needed. "One forklift is onsite at all times ... to move pallets and miscellaneous about the yard." The 1999 CUP approved outdoor storage of empty roll -off containers associated with Nitti Sanitation/Lightning Disposal. The submitted narrative indicates that the trash hauler continues to occupy the building "and also need to update the C.U.P to include a 500 gallon diesel tank." The above ground fuel tank is present on the property and was installed without a permit. The diesel tank is used by both businesses. The fuel tank is addressed elsewhere in this report. Over the years, the outdoor storage has come to include smaller residential trash containers and Dumpsters, and the fleet of trucks, which the narrative identifies number 40. The existing CUP does not provide for outdoor storage of these items. The outdoor storage of items other than empty roll -off containers is a violation of the approved CUP. Therefore, expansion of the CUP to include the trucks and residential trash containers is encompassed in the present request. Staff is concerned that the extent of outdoor storage presently occurring on the property is excessive and not consistent with the storage represented on the proposed Site Plan. The Site Plan shows a site layout that is largely consistent with the performance standards in City Code. However, current site operations suggest the type and extent of outdoor storage currently on the property exceeds the capacity of the site. Staff is skeptical that the amount of storage and operation of the site can be brought into conformance with the proposed Site Plan. Planning Report — Nitti Sanitation October 27, 2015 Page 5 Compatibility with Surrounding Area — Limited Industrial zoning allows outdoor storage with a Conditional Use Permit. The site is located in an industrial zoning district and surrounded by other industrial properties on three sides. To the west is undeveloped park land and a railroad right-of-way. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The current noise policy contours place this site within the buffer zone of Noise Zone 4. The Met Council's land use compatibility guidelines industrial uses to be compatible in this zone. Trash Storage — The proposed Site Plan identifies "garbage to be stored indoors." Therefore, any trash containers serving the occupants of the building shall be kept inside the building. Building Address Numbers — Building address numbers should be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. Landscaping No new landscaping is proposed; however, a recent site visit revealed much of the site landscaping is unhealthy, damaged or missing. The property was landscaped with the initial site development, and there is an approved Landscape Plan on file with the City. The landscaping should be restored to the condition in accordance with the Landscape Plan. Restoration includes removal of weeds and replanting of dead or missing landscape plants. The landscape restoration should be completed by June 30, 2016. Tree Preservation — Tree preservation is not applicable to this proposal. No trees are proposed to be removed. 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 applicant proposes outdoor storage for construction equipment and materials (Preferred Properties) and also outdoor storage of a 500 gallon diesel double walled tank (Lightning Disposal/Nitti Sanitation). Because this site has business activities and outdoor equipment storage (for Lightning Disposal/Nitti Sanitation operations) there is a high potential for oil pollution (and has had a past Planning Report — Nitti Sanitation October 27, 2015 Paae 6 illicit discharge violation) into the public storm system and the site's direct connection/discharge into Gravel Pit Lake, the site should provide effective oil and sediment removal prior to discharge into the public storm system. The applicant's proposal does not currently include oil or sediment removal. The applicant should include an appropriately sized and designed, privately owned and maintained, storm sewer structure to effectively separate and capture debris and contaminants (including hydrocarbons and sediment) from the storm water from this site prior to entering the public storm system. The design and location of the structure should be approved by the City Engineer. Because the storm sewer structure will be permanent, it should be inspected and maintained on an ongoing basis to function properly. Since it will be located on private property and privately maintained, the City should have legal assurances that the necessary maintenance will be performed to ensure proper functionality. Therefore, the landowner should enter into a long-term maintenance agreement with the City, in a form acceptable to the City Attorney. The applicant should also provide a certification that the structure and conveyance system were installed according to the construction plans approved by the City Engineer. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Streets/ Access/ Circulation — Public street access will remain unchanged at the existing location onto Meadow View Road. Storage Area — The existing site proposed for outdoor storage is currently comprised of an asphalt parking lot surrounded by concrete curb and gutter. Bituminous asphalt is the most widely used surfacing material to accomplish this requirement and is required for outdoor storage areas. The owner should maintain all paved surfaces in good condition. A detailed Site Plan should be submitted prior to Conditional Use Permit issuance. The plan should accurately depict the site layout, all drainage and utility easements, the City access easement, and all public utilities on the site. No outdoor storage should occur upon the City access easement, over or restricting access to any storm sewer or sanitary sewer manholes, or restricting access to fire hydrants. Direct access to the fire hydrant must be maintained free of obstruction, and allow for a minimum 20' drive aisle for trucks. Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) Planning Report — Nitti Sanitation October 27, 2015 Page 7 zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I--2) zoning districts, the enclosure may be detached fi°om the principal building. There is an existing fence around the property, with a gate at the driveway entrance. The fence provides full enclosure of the property and encompasses all of the proposed storage areas. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front budding setback area or other required setbacks. The proposed storage areas are located in the side yards north and south of the building. This is consistent with the prior CUP approval for outside storage. The proposed storage areas maintain adequate access to the parking areas east and south of the building, and also to the overhead doors on the east and north sides of the building. As mentioned in the description of Existing Conditions, storage is currently occurring in the areas designated for parking on the Site Plan. Parking stalls should be used for employee and visitor passenger vehicle parking only. Parking stalls should be restriped so they are easily identifiable, and to keep the storage from occupying the designated parking stalls. The limits of the storage area shall also be identified on the pavement to contain the storage and prevent storage from encroaching into or obstructing the designated drive aisles. c. The outdoor storage area shall be screened from view fi^om the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The applicant proposes to install mesh screening to the existing fence. Mesh screening has been used in similar situations within the I-1 zoning district. The mesh screening fabric should be kept in premium condition, and replacement of the mesh fabric cover should occur immediately if it falls into disrepair. Details of the proposed mesh screen should be provided to City staff prior to installation. The site was landscaped with initial development, although much of the landscaping is no longer present or healthy. It is the property owner's responsibility to maintain the landscaping over time. The landscaped areas should be replanted and restored in compliance with the approved Landscape Plan and the standard $7,500 landscape guarantee should be provided to the City. New landscaping should be installed by June 30, 2016, and measures taken to establish a regular maintenance plan to ensure healthy plants over time. Planning Report — Nitti Sanitation October 27, 2015 Page 8 d. The storage area shall not interfere with any pedestrian or vehicular movement. and e. The storage area shall not take up required parking spaces or landscaping areas. Confined to the locations indicated on the Site Plan, storage does not conflict with pedestrian or vehicular movement. The proposed northerly storage area does occupy two designated parking stalls. A site visit revealed very little similarity between the Site Plan submitted and actual activities on the site. The Site Plan provides for 19 parking stalls, and these stalls should be kept free of outdoor storage. Aerial photos and the site visit indicate storage has been occurring in designated parking areas. Staff is skeptical that parking stalls will be kept free of outdoor storage and truck parking, given the way in which the site is currently being utilized. Extra measures such as pavement markings should be employed to ensure that the storage does not expand beyond the designated storage areas as shown on the Site Plan. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The storage area is surfaced with bituminous asphalt. The owner should maintain all paved surfaces in good condition. Fuel Tank — An above ground diesel fuel tank is exists at the southeast corner of the building. It is a 500 gallon tank, and the submitted narrative explains that the fleet of 40 trucks is fueled on site by a fueling company. The proposed on-site fuel tank supplements the fueling service, and provides fuel for any vehicles that might get missed accidentally, or which may be parked inside the building and not accessible for fueling by the fueling service. The narrative explains that the tank is "vital to our not having trucks running out of fuel from day to ay. The proposed fuel tank is located in the side yard adjacent to the building, and meets principal structure setbacks. It does not take up required landscaping, and is not in conflict with parking or vehicular or pedestrian movement. The applicant should obtain a mechanical permit for the fuel tank and required inspections to ensure compliance with Fire Codes. The permit should be obtained and satisfactorily inspected prior to release of the Conditional Use Permit for recording. Financial Obligation — At this time, there are no pending assessments on the parcel. Planning Report — Nitti Sanitation October 27, 2015 Pave 9 Parks and Recreation — Park and trail dedications were previously satisfied. SUMMARY/CONCLUSION The owner is requesting approval of a new Conditional Use Permit allowing outdoor storage and an above ground fuel tank on the property. The site is currently out of compliance with the 1999 Conditional Use Permit and the new CUP is requested to meet the tenants' current needs. While the proposed Site Plan is largely consistent with the performance standards in City Code, current site operations suggest the type and extent of outdoor storage currently on the property exceeds the capacity of the site. Staff is skeptical that the amount of storage and operation of the site can be brought into conformance with the proposed Site Plan. The suggested conditions of approval require changes to the current operations on the property to maintain easements and access the fire hydrant free of obstructions, as well as improvements to better manage storm water, and restore damaged and dead landscaping. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage and an above ground fuel tank upon property located at 1725 Meadow View Road, legally described as Lot 1, Block 1, Tyler Jay Addition. If approved, the following conditions shall apply: 1. Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 2. The applicant shall include an appropriately sized and designed, privately owned and maintained, storm sewer structure to effectively separate and capture debris and contaminants (including hydrocarbons and sediment) from the storm water from this site prior to entering the public storm system. Details shall be included in applicable plan sheet(s). The design and location of the structure shall be approved by the City Engineer, and the system shall be installed and operational by June 1, 2016. The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 4. The applicant shall provide the City Engineer as -built plans that demonstrate that all modified and constructed stormwater structures/facilities (including conveyance) conform to design and/or construction plans, as approved by the City. The applicant shall submit to the Planning Report — Nitti Sanitation October 27, 2015 Paee 10 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. 5. The owner shall maintain all paved surfaces in good condition. 6. A detailed Site Plan shall be submitted prior to Conditional Use Permit issuance. 7. The plan shall depict the site layout, all drainage and utility easements, the City access easement, and all public utilities on the site. 8. No outdoor storage shall occur upon the City access easement, over or restricting access to any storm sewer or sanitary sewer manholes, or restricting access to fire hydrants. Direct access to the fire hydrant must be maintained free of obstruction, and allow for a minimum 20' drive aisle for trucks. 9. Required vehicle parking shall be as designated on the approved revised Site Plan. Parking stall striping shall be repainted on the pavement, and the area shall be reserved for employee and visitor passenger vehicle parking. Outdoor storage of commercial vehicles associated with the occupants of the building shall not be located in the required parking areas. 10. The applicant shall submit a revised Site Plan that depicts outside storage as follows: a) North area: Storage of only construction materials (scaffolding, siding, lumber and similar related items) and equipment, not to exceed 4 forklifts and 7 man lifts. These items shall be confined to the outside storage are depicted on the revised Site Plan and within the northerly 45' of the property, maintaining the required 20' drive aisle around the north side of the building. b) South area: Empty roll -off containers and trash hauling trucks, not to exceed a combined total of 32 roll -off containers and trucks. The south storage area shall maintain the utility access easement free of obstructions at all time. c) Western edge of site: Empty residential trash cans and 10 -yard Dumpsters to be encompassed within 15' of the curb (even with the western edge of the building) and shall be contained so as not to obstruct the utility access easement, access to the storm sewer or sanitary manholes, or access to the fire hydrant. 11. All outside storage shall not exceed 8 feet in height, and shall be maintained in an orderly fashion. 12. A minimum 20' drive aisle adjacent to the north side of the building must be maintained clear of storage and parked vehicles. Planning Report — Nitti Sanitation October 27, 2015 Page 11 13. The owner shall install mesh fabric screening on the existing fence. The mesh screening fabric shall be kept in premium condition and replacement of the mesh fabric cover shall occur immediately if it falls into disrepair. Details of the proposed mesh screen shall be provided to City staff prior to installation. 14. The landscaping shall be replanted and restored in accordance with the approved Landscape Plan. Restoration includes removal of weeds and replanting of dead or missing landscape plants. New landscaping shall be installed by June 30, 2016, and measures taken to establish a regular maintenance plan to ensure healthy plants over time. 15. The applicant/owner shall provide a $7,500 financial guarantee that will be released two years after the installation of the approved landscaping. 16. The 20' access easement for the lift station shall be kept clear of vehicle parking and outdoor storage at all times. 17. Cleaning of trash containers, roll -offs and other equipment shall be done inside the building and not outdoors. 18. Trash containers serving the occupants of the building shall be stored within the principal building as noted on the approved revised Site Plan. 19. The applicant shall obtain a mechanical permit for the fuel tank and required inspections to ensure compliance with the Fire Codes, including the installation of bollards if required by the Fire Code. The permit must be obtained and satisfactorily inspected prior to the release of the Conditional Use Permit for recording. City of EaPH hv 1— 19 1— Park Location --J Project Name: Nitti Sanitation Request: Conditional Use Permit Fort Snelling State Park Case No: 08 -CU -08-09-15 Pilot Knob Park OB3 93 03 ERB EB Subject ite Contra[ Park Park P K-� Legend Parcels selection Parcels Quarry Park MID Buildings B MEW p -I R YR Parks NMMIMA City Boundary N F L ------ Feet 0 500 1,000 2,000 TT A - ?x( g`F yi ' 'ANN" WIM C{� �. - TOW Jul ME a" EE Yry2' a x WE � a M"001 t .art 0 ir" S r his r At 4r t z'_ '! W - v r ` > a€ �. 0 1\ oho• / ♦ Gr \,�\\ .'�. / yp ,,*�� 5roRE0 MDGDRS e �4YSv \\ -----_ -.. --— -- z ate•"\ / R - -- \�\.,`\\ i 'r__•`.. OUTSIDE $TORAQE A s / 0?0/g Proposed O(A-Joor-!;YOra9e- 4p,.O-used Ste Play A lS LEGEND o S SITE DATA pDi/1 SDE MFA 6J 40J 50. Ff. RDPoSED BIIIIDINO MFA E 80 50. R. SID. PMKINO SiWS PRDNDED 19 ACFE651RLE PMNNC SAILS PRDNDED iOTp1 PMHWD 5 � PRDNDED 21 / 6 58Y6R'SGE ®° CU adAal^� / `/ ,(�Or �Y. p o- Y v E"vAyF / ://' PAVEMxEMfS.ECiION Z aswrum �s,rs, Q C NCREE �SU°B SECTION / e°Q / / G'( A OAFBAOE io e[ / A /.W ( J \ 8612 CONCRETE CURE A CUi R i D412 CONCRETE CURB k GU— M srILE J�o / LEGEND — •— / • sm uw«,u' — . — awxamiRowml.ocx uxr ��J�e i��r�Yi` � ¢ PFovosro a,r vuvE .--^ mwo/%wxwo srrenx uxr x s F s a Lu M ADOW VIEW ROAD © wN�wa, orDxr / � non wz•se•w ——'rzez—ed _. .— .— —' -... fl Z � — — _ •awe vPFa�vossn n�rvA�ra� °,•"° rnsnxo uevnwx c p —i --� SPECIFICATIONS ,.'u'"°«=,r�,.� aim"-"."m�.�«� �• MSM. .. <�:'"m,m.. MM�a°cv"�G��'...aNu"°:�°�.a�.. ':i y�•ai ......... e� r�wm asx'i naa N, e. w W evev' / Mia mim a Ma ie u SITE DATA .M SIZE . AREA 5J 903 S0. R ROPOSED RVIIDINO AREA SJ6 S1p. PARxINC STALLS PRONOCD Ig AC S OIC P NO VS PRO DE OiP1 PMxIH0 9iN15 PRONDED RI Ie V s cup lfder & Araorlau� rns SITE PLAN TYLER JAY COMPANY °'" •%�� tea" m CITY OF EAGAN PRarcr x0�se1-I+ee.50 ORAxlxS me leeeo�.owo CFIFFT r1 Nd'l'TT SANl7ATION INC. Dear, City Staff, Eagan Planning Commission and Eagan City Council I am addressing the question from a letter received September 21, 2015. Questions were raised about our above ground fuel tank situated at the southeast corner of our building. Each night Monday through Friday a fueling company comes into our lot to fuel each of our forty trucks. Every weekend we have trucks that need to be filled off of this tank and occasionally during the week some trucks get accidently missed and others may be locked inside our garage overnight. The tank is only 500 gallons and not used every day but vital to our not having trucks running out of fuel from day to day. Questions have been raised about the separation of contamination from the storm water. We are currently working with Nick from Rehder and Associates and Keith from Dahn Excavating to find the best solution for separating out contaminates from the storm water before It reaches the holding pond. We have also been in contact with Gregg Thompson from the City of Eagan to make sure that our solution to this problem is something that will satisfy the expectations of the city. I will update this question as soon as a permanent solution is reached. Sincerely, Robert Nitti President Nitti Sanitation Inc 1726 Mearlowiew Rd, 1a►an, MN 66121 phone: 661.467-7497 Faw 661-905-7762 r h 21yU Preferred Properties, Inc. 1725 Meadowview Road Eagan, MN 55121 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: Pamela Dudziak Re: Conditional Use Permit 08 -CU -08-09-15 - Additional Detail Ms. Dudziak, The following a more detailed explanation per your request. Storage: Up to 50 pallets of miscellaneous siding material; delivered by semi truck. It is distribut- ed to jobsites as needed. The max height is 8' which is the height of the fence. Construction trash chutes and scaffolding, i.e. ladders, planks, pole jacks as well as 4 forklifts and 7 man -lifts from time to time. Scaffolding is delivered to jobsites as needed and stored offsite during duration of each job. One forklift is onsite at all times as it is necessary to move pallets and miscellaneous about the yard. Outdoor Screening/Storage: Screening for the chain link fence has been ordered and will be in- stalled once it is delivered. I am confident it will be complete by mid October. 1999 Site Plan: This plan shows a 20' access easement for the lift station; we would like to keep this as is. Keith W. Hurley Vice President 9/29/2015 Preferred Properties, Inc. 1725 Meadowview Road Eagan, MN 55121 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: Pamela Dudziak Re: Renewal of C.U.P. Ms. Dudziak, It has come to our attention that we are in need of an updated C.U.P. to include storage of our con- struction equipment and material. Approximately seven years ago, then tenant, Action Portable Toilet moved out and Preferred Prop- erties moved in. Preferred Properties is a commercial exterior cladding company and house con- struction equipment (forklift, man -lift and scaffolding) and material (assorted types of siding, pal- lets of sheet metal, etc,). We were unaware of the need to update the C.U.P. Lightning Disposal/Nitti Sanitation are also tenants in this building and also need to update the C.U.P to include a 500 gallon diesel tank. We would like to apply for a new C.U.P. to include storage of our construction equipment and ma- terials for Preferred Properties and storage of a 500 gallon diesel double walled tank for Lightning Disposal/Nitti Sanitation. Thank you for your consideration. Sincerely, Keith W. Hurley Vice President 8/31/2015 Agenda Information Memo November 2, 2015 Eagan City Council Meeting NEW BUSINESS D. Covington Lane and Penkwe Way/Penkwe Circle Traffic Control Modification Action To Be Considered: Authorize the modification of intersection traffic control at the intersection of Covington Lane and Penkwe Way/Penkwe Circle that provides the following traffic control: Removal of the stop signs on Covington Lane and placement of yield signs on Penkwe Way and Penkwe Circle. Facts: ➢ Currently, and for at least 30 years, the intersection of Covington Lane and Penkwe Way/Circle in south-central Eagan has been controlled by stop signs on Covington Lane, with no stop signs on Penkwe Way or Penkwe Circle. Covington Lane is the neighborhood collector and accordingly has significantly higher volumes of traffic than the two side streets. Penkwe Circle is a cul-de-sac. ➢ In 1983, in response to a petition from area residents, the City Council established the traffic control at this intersection in the current manner in an attempt to control vehicle speeds on Covington Lane. ➢ At their May 12, 2015, workshop, the City Council received a presentation from Howard Preston (CH2M Hill, Inc.), the MN Department of Transportation's consultant for the Highway Safety Improvement Program, summarizing various traffic safety items, including a systemic assessment of Eagan's streets and the identification of potential safety projects. The portion of Mr. Preston's presentation regarding the use of stop signs included these project results: o STOP signs have never been proven to be effective at speed reduction o STOP signs are not a safety device o STOP signs have been deployed at many locations where we do not mean stop and as a result only about 20% of drivers actually stop ➢ At the close of the presentation, the Council indicated support of the incorporation of the project data to continue addressing safety issues in Eagan, including the removal of unwarranted stop signs and warning signs, and efforts to periodically review, update, and expand documentation of city practices. The Council suggested that staff ask business representatives and residents to identify neighborhood signs for consideration of removal. ➢ City Staff has received an unsolicited request to remove the stop signs on Covington Lane and relocate them as yield signs on Penkwe Way and Penkwe Circle. The current traffic control does not comply with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD) and is not meeting the purpose for its installation. The volume of the side street traffic is less than 10% of the volume of the collector street (Covington Lane) traffic. Staff has found the request to be appropriate, in compliance with the MnMUTCD, and in accordance with the Council direction of May 12, 2015. ➢ A notification letter was mailed to area residents (including all area properties from the stop sign petition in 1983), informing them of the intersection control modification. Communication from area residents has been received in response to the notification and is attached for the Council's information. ➢ Staff is currently reviewing neighborhood stop signs and warning signs as part of upcoming street overlay projects and will incorporate any warranted sign revisions as part of feasibility reports that can be discussed at neighborhood meetings or public hearings. Attachments (7) NBD-1 Intersection Control Modification Map NBD-2 Resident Request Letter NBD-3 Resident Notification Letter NBD-4 Resident Response No. 1 NBD-5 Resident Response No. 2 NBD-6 Resident Response No. 3 NBD-7 Resident Response No. 4 Km" No Scale I 0 cc INSTALL YIELD SIGN Cu to E OVE STOP SIGN z Covington Ln. u I : I ?e may REMOVE STOP SIGN INSTALL YIELD SIGN City of Equ Covington Ln. / Penkwe Ln. / Penkwe Cir. Exhibit A Intersection Traffic Control Modifications Christopher A. Nelson 1523 Pinetree Trail Eagan, MN 55122 (651) 405-0237 October 13, 2015 Mr. John Gorder, City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Question of Stop Sign at Penkwe Way and Covington Lane Dear Mr. Gorder, The Stonecliffe Homeowners Association is an HOA consisting of 125 homes in the Stonecliffe neighborhood, and I am its elected President. The HOA has long felt—as expressed at annual meetings and communicated to city staff—that the stop signs at Penkwe Way and Covington Lane are unwarranted, and had previously requested that the city remove them. I met with and corresponded with Tim Plath in 2012 on this issue. It is the HOA's understanding that the stop signs were installed based upon a petition of residents to the city council in April 1983. Staff recommended against the installation of the stop signs, and no traffic study was done at that time. It is our understanding that the 1983 council approval was temporary, and was to be brought back to the council in September of 1983. This, however, was not done. It is our understanding that a traffic study was recently completed at this intersection, and it likely reveals that the stop signs are not warranted. In fact, it probably shows that a stop sign to control Penkwe Way is warranted, but that a stop sign to control Covington Lane is not warranted. The HOA again requests that the existing stop signs be removed as unwarranted. Stonecliffe HOA did not exist in 1983, and indeed Covington Lane was a dead end at its eastern connection with Beacon Hill Road. Stonecliffe was created in 1998, and hundreds of homes in the surrounding Brittany area have been created as well. In addition, Covington Lane has been extended to meet with Sherwood Way which has created a far higher trip count on Covington than would have been seen in 1983. It is unlikely that the trip count on Penkwe Way has changed since 1983 as no new houses have been constructed since that time. I ask to be notified if this matter again comes before the city council. Sincerely, Christopher A. Nelson, President Stonecliffe Neighborhood Association (651) 310-8776 daytime christopheranelsonCa centurylink.net cc: Tim Plath (via e-mail tplath @cityofeagan.com) Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Dave Osberg City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1810 651,675.5000 phone 651,675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagen.com The Lone Oak Tree The symbol of strength and growth in our community. October 23, 2015 Re: Covington Lane and Penkwe Way/Circle -Intersection Traffic Control Modification Dear Property Owner: Current Intersection Traffic Control - Stop Signs Currently, and for at least 30 years, vehicle traffic at the intersection of Covington Lane and Penkwe Way/ Circle has been controlled by stop signs on Covington Lane, with no stop signs on Penkwe Way or Penkwe Circle. Covington Lane is the neighborhood collector street, and accordingly has significantly higher volumes of traffic than the two side streets. Penkwe Circle is a cul-de-sac. Past Eagan City Council action had established the traffic control at this intersection in this manner as a means to control vehicle speeds. Stop Signs & Speed Control Safet In May 2015, the City Council received a presentation from Howard Preston (CH2M Hill, Inc.), the MN Department of Transportation's consultant for the Highway Safety Improvement Program, summarizing various traffic safety Items, including a systemic assessment of Eagan's streets and the identification of potential safety projects. The portion of Mr. Preston's presentation regarding the use of stop signs included these project results: o STOP signs have never been proven to be effective at speed reduction o STOP signs are not a safety device o STOP signs have been deployed at many locations where we do not mean stop and as a result only about 20% of drivers actually stop At the close of the presentation, the Council indicated support of the incorporation of the project data to continue addressing safety issues in Eagan, including the removal of unwarranted stop signs and warning signs, and efforts to periodically review, update, and expand documentation of city practices. The Council suggested that staff ask business representatives and residents to identify neighborhood signs for consideration of removal. Proposed Removal of Stop Signs on Covington Lane City staff have received an unsolicited request to remove the stop signs on Covington Lane. Said removal would support placement of yield signs on Penkwe Way and Penkwe Circle. The current traffic control does not comply with the Minnesota Manuai on Uniform Traffic Control Devices (MnMUTCD) and is not meeting the purpose for its installation. The volume of the side street traffic is less than 10% of the volume of the collector street (Covington Lane) traffic. Staff has found the request to be appropriate, in compliance with the MnMUTCD, and in accordance with the Council direction of May 12, 2015. This letter is to inform adjacent property owners of the proposed modification of the intersection traffic control and of the council's consideration of said authorization at the November 2 regular Council meeting, under New Business. If you have any comments or questions, please feel free to contact me directly at 651-675-5315 or at tollath@cityofeagan.com. Sincerely, Tim Plath, P.E. Transportation Operations Engineer cc: Mayor & City Council c/o Dave Osberg, City Administrator Russ Matthys, Public Works Director John Gorder, City Engineer From: Tim Plath Sent: Thursday, October 29, 2015 2:45 PM To: Fernando Hernandez Subject: RE: Ref traffic control modification of Penkwe Cir/Way and Covington Lane Mr. Hernandez, Thank you for your thoughts and perspective on the proposed changes to the traffic control devices at the intersection of Covington Lane and Penkwe Circle/Way. The opportunity to discuss the concerns you identify is appreciated. The City of Eagan Police Department's Traffic Enforcement Unit will conduct occasional targeted speed enforcement in the area to help support the improvement in safety that is created by eliminating the STOP signs on Covington Lane will not lost by increased speeds that may occur on Covington Lane. Additionally, your winter maintenance concerns on Penkwe Circle have been shared with the City of Eagan's Public Works Department- Transportation Operations Division. While weather and roadway conditions are often challenging during winter months, a team approach of increased driver awareness and application of deicing products has proven effective in similar areas of the City. Thanks again for the opportunity to respond to your concerns. Feel free to contact me if you have any additional questions. Sincerely, Tim From: Fernando Hernandez [flyfern@gmail.com] Sent: Tuesday, October 27, 2015 7:29 AM To: Tim Plath Subject: Ref traffic control modification of Penkwe Cir/Way and Covington Lane Mr.Plath, My name is Fernando Hernandez and I have been a resident of Penkwe Cir for 20 years. I received the letter about the proposed change for Covington Lane and Penkwe Cir/Way/ While I agree that this intersection is a troubled one, removing the stop sign from Covington Lane will not solved the problem. In fact I believe it will create two additional issues. 1. Traffic on Covington Lane will travel at a faster speed, increasing the odds of an accident. 2. During the winter months Penkwe Circle and Penkwe Way, which slope downhill onto Covington Lane, will increase a potential hazard. During my time living on Penkwe Circle I have witnessed very close calls numerous times. With the increased speed it is just a matter of time before one happens. Item two, is only an issue during winter months. If this change does happen, Penlcwe Circle and Penlcwe Way will have to be cleared of ice and snow. Many times during the winter when it is not clear, even traveling at a slow speed, I have slid o to the middle of Conington Lane as have some of my neighbors. I feel that if this change does take place, a measure to control speed on Covington Lane needs to be put in place.. I thank you for your time and look forward in hearing from you. Fernando Hernandez Penlcwe CIrcle Voice mail message from: Bill Mitchell 4694 Penkwe Way 651-343-4006 Bill Mitchell lives at the intersection of Covington Lane and Penkwe Way/Circle and received the letter regarding the removal of the stop signs. Mr. Mitchell wants you to be aware that it is a School Bus Stop and he has a 5th grade daughter who is a bus patrol. According to Mr. Mitchell, the cars routinely are going 45 sometimes 50 mph in a 30 mph zone. He understands the need for stop signs to be removed since no one stops at the sign anyway but the issue is that kids are coming and going crossing the street. He doesn't have a problem with stop sign being removed, but does have a problem with the speed limit not being enforced. -----Original Message ----- From: Tim Plath Sent: Thursday, October 29, 2015 3:20 PM To: Bruce Power Subject: RE: Stop sign remova Mr. Power, Thank you for your thoughts and perspective on the proposed changes to the traffic control devices at the intersection of Covington Lane and Penkwe Circle/Way. The opportunity to discuss the concern you identify is appreciated. As indicated in the letter you received, the installation of all traffic signs (including STOP and YIELD signs) is governed by the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). The proposed revisions at the intersection are in compliance with the MnMUTCD. Installing STOP signs on Penkwe Way/Circle would not be in compliance with the MnMUTCD since the existing volume of traffic on Covington Way (approximately 1,000 vehicles per day) is significantly lower than the MnMUTCD required volume (6,000 vehicles per day) to install STOP signs on those legs of the intersection. Thanks again for the opportunity to respond to your concerns. Feel free to contact me if you have any additional questions. Sincerely, Tim Plath From: Bruce Power [bapower220@gmail.com] Sent: Monday, October 26, 2015 3:35 PM To: Tim Plath Subject: Stop sign removal Dear Mr. Plath: I live at 1643 Covington Lane just two doors down from the stop signs at Covington and Penkwe Cir/Way. I fully support the removal of the stop signs on Covington Lane. However, I have some concerns about the signage that would be placed on Penkwe. In my opinion, a yield sign on these streets is insufficient. Trees block a clear view of the intersection from both directions. As a result, I think it would be wiser to simply rotate the stop signs from Covington onto Penkwe. Requiring a full stop on Penkwe would ensure a safer approach to this intersection from the side streets and help prevent potential accidents from drivers on Penkwe not being able to see approaching traffic on Covington and entering the intersection too quickly. I would favor placing stop signs on Penkwe Cir/Way. Sincerely, Bruce Power From: Tim Plath Sent: Thursday, October 29, 2015 3:10 PM To: Pat and Clyde Cc: Russ Matthys; John Gorder Subject: RE: Proposed Traffic Sigange Change for Covington Lane and Penkwe Circle/W ay Mr. Thurston, I apologize for not addressing your question regarding the May 12, 2015 discussion the Council had regarding traffic safety in my previous response. This discussion did not include specific locations, such as Covington Lane and Penkwe Circle/Way, but rather was discussion prompted by a presentation on variety of traffic safety topics. No previous action relative to Covington Lane and Penkwe Circle/Way tools place at the May 12, 2015 City Council Workshop. Tim From: Tim Plath Sent: Thursday, October 29, 2015 2:59 PM To: Pat and Clyde Cc: Russ Matthys; John Gorder Subject: RE: Proposed Traffic Sigange Change for Covington Lane and Penkwe Circle/W ay Mr. Thurston, Thank you for your thoughts and perspective on the proposed changes to the traffic control devices at the intersection of Covington Lane and Penkwe Circle/Way. The opportunity to discuss the concerns you identify is appreciated. With regards to speed, the City of Eagan Police Department's Traffic Enforcement Unit will conduct occasional targeted speed enforcement in the area to help support the improvement in safety that is created by eliminating the STOP signs on Covington Lane is not diminished by increased speeds that may occur on Covington Lane. Regarding winter maintenance on Penkwe Circle, your concerns have been shared with the City of Eagan's Public Works Department- Transportation Operations Division. Maintaining a constant, unsuitable level of intersection control on Covington Lane year-round for occasional, short-term winter roadway conditions is not a proper use of STOP signs. While weather and roadway conditions are often challenging during winter months, a combined approach of increased driver awareness and application of deicing products has proven effective in similar areas of the City. Thanks again for the opportunity to respond to your concerns. Feel free to contact me if you have any additional questions. Sincerely, Tim Plath From: Pat and Clyde [imaging 10@juno.com] Sent: Tuesday, October 27, 2015 10:50 AM To: Tim Plath Cc: Russ Matthys; John Gorder Subject: Proposed Traffic Sigange Change for Covington Lane and Penkwe Circle/W ay Hi, Just received your letter in the mail yesterday. Am I to understand that this specific proposal was heard by City Council back on May 12, 2015? I am concerned that we are just hearing of this a few days before final Council approval next week. Unfortunately, I will be out of town and unable to address the Council on this matter. I have attached some history on this particular intersection, along with my recommendations for an alternate course of action. While I certainly understand the desire for effective traffic flow, I am seriously concerned that this proposed change will negatively impact the safety of our neighborhood streeets while facilitating unsafe speed on Covington Lane. Your consideration of these issues would be most appreciated. Clyde Thurston 471223 Penkwe Circle Eagan, MN 55122-2725 (651) 402-8893 Mr. Tim Plath Transportation Operations Engineer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 October 26, 2015 Dear Mr. Plath, I am in receipt of your notification of "Intersection Traffic Control Modification" for the intersection of Covington Lane and Penkwe Way/Circle. I am concerned and disappointed that this issue appears to have already been decided without input from and discussion with local residents. Have you and staff reviewed historical files to determine the rationale for the current traffic control configuration? I am an original resident of Penkwe Circle (since 1980) and was around when this signage pattern was installed. This was done by petition of local residents for two primary reasons; safety and access. Safety - While you consider Covington Lane to be a "collector street", it is in our minds, a residential street. We have long been plagued with speeders on Covington Lane. While your consultant maintains that stop signs have "never been proven to be effective at speed reduction", I find that argument illogical and counter-productive in a residential neighborhood setting. Covington Lane was a virtual "speedway" before signage was installed. I have no doubt that unsafe speed will increase if the stop sign is removed. Access - Before the stop sign was installed on Covington Lane, residents on Penkwe Circle had great difficulty climbing the grade after any significant snowfall or ice. Local residents, mail delivery vehicles, and others frequently became stuck on the hill and had to be dug out or towed up the hill. Installation of the stop sign on Covington Lane allowed vehicles to gain momentum on Penkwe Way before crossing Covington Lane and attempting to make it up the hill. Access and safety was greatly improved. Your proposal will again significantly impair Penkwe Circle access under adverse weather conditions. Recommendations: 1) Do not remove the current stop sign on Covington Lane. 2) Install signage below current stop signs stating that "Cross Traffic Does Not Stop". 3) Increase patrol coverage to reduce speeding and increase stop sign compliance. Please help keep our neighborhood safe. Sincerely, cc: Dave Osberg, City Administrator Clyde Thurston Russ Matthys, Public Works Director 4712 Penkwe Circle Mike McGuire, Mayor Eagan, MN 55122-2725 Gary Hansen, City Council Cheryl Stevenson To: Russ Matthys Subject: RE: Stop signs at Penkwe Way and Covington Lane -------- Original message -------- From: Tim Plath <TPlath@cityofea ag n.com> Date: 11/02/2015 11:16 AM (GMT -06:00) To: 'Parham Alaei' <alaei00l a,umn.edu> Cc: Russ Matthys <RMatthys@cityofea an.com>, John Gorder <JGorder@cityofea an.com> Subject: RE: Stop signs at Penkwe Way and Covington Lane Dear Dr. Alaei, Thank you for contacting me regarding the Covington Lane and Penkwe Way/Circle intersection. Your thoughts will be forwarded to the City Council for their consideration as they discuss this issue at this evening's Council meeting. Feel free to contact me if you have any additional questions. Sincerely, Tim Tim Plath I Transportation & Operations Engineer I City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651.675.5643 direct 1651.675.5694 (Fax) I tplathOcitvofeagan.com City of ap 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: Parham Alaei [mailto:alaei0010umn.edu] Sent: Monday, November 02, 2015 11:00 AM To: Tim Plath Subject: Stop signs at Penkwe Way and Covington Lane Dear Mr. Plath, I won't be able to attend the city council meeting tonight due to a school function but wanted to make sure my views are heard on this subject. I have been an Eagan resident for over 14 years, nearly 13 years of it in Stonecliffe development. I have been using Covington Lane to get to Johnny Cake Ridge road and Apple Valley several times a week and have always wondered about the stop sign at Penkwe Way. As Covington Lane is the main street coming into that intersection, it is odd that the stop sign is not on Penkwe Way side of intersection. I think this stop sign is actually a safety issue as I've seen cars coming to a rolling stop there, and I've seen cars cruising down the hill from Penkwe Way towards the intersection at high speed. My daughter, a senior at Eastview, also travels this route at least twice a day and she also thinks this is a dangerous intersection as most cars fail to fully stop at the sign. I would therefore like to add my voice to those who advocate moving the signs. I also do not think doing so will cause cars to drive fast on Covington as the curvature on Covington limits the speed one can drive in. Thank you for your attention, Parham Alaei 4626 Summit Pass Eagan, MN 55122 651-452-2856 ------------------------------------------- Parham Alaei, Ph.D., DABR Associate Professor Department of Radiation Oncology University of Minnesota Mayo Mail Code 494 420 Delaware St. S.E. Minneapolis, MN 55455 Tel: (612) 626-6505 Fax: (612) 626-7060 http://www.tc.umn.edu/—alaeiOOI/ Cheryl Stevenson To: Russ Matthys Subject: RE: [stonecliffe] RE: Stop -sign at Penkwe Way and Covington Lane -------- Original message -------- From: Tim Plath <TPlathncityofea an�com> Date: 11/02/2015 12:56 PM (GMT -06:00) To: "'Nelson,Christopher A"' <CNELSONIgtravelers.com>, Terry Curtis <terr c824@comcast.net> Cc: Russ Matthys <RMatthys@cityofea ag n.com>, John Gorder <JGorderkcityofeaag n.com> Subject: RE: [stonecliffe] RE: Stop -sign at Penkwe Way and Covington Lane Mr. Curtis, Thank you for contacting me regarding the Covington Lane and Penkwe Way/Circle intersection. Your thoughts will be forwarded to the City Council for their consideration as they discuss this issue at this evening's Council meeting. Feel free to contact me if you have any additional questions. Sincerely, Tim Plath I Transportation & Operations Engineer I City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651.675.5643 direct 1651.675.5694 (Fax) I tplathO-cityofeaaan.comC 4 of p fl 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: Nelson, Christopher A [mailto:CNELSONI@travelers.com] Sent: Monday, November 02, 2015 12:10 PM To: Terry Curtis Cc: Tim Plath Subject: RE: [stonecliffe] RE: Stop -sign at Penkwe Way and Covington Lane Terry, I've taken the liberty of forwarding your email to the city for consideration. Chris From: Terry Curtis [mailto:terryc824@comcast.net] Sent: Monday, November 02, 2015 12:07 PM To: Nelson,Christopher A Subject: Re: [stonecliffe] RE: Stop -sign at Penkwe Way and Covington Lane Chris, I'm in class tonight and my husband is running kids to activities so we are not able to make it. It makes no sense for a stop sign to be there. I would argue that it is a safety hazard. When heading west, you do not expect a stop sign that is just one block before a major road. I don't like admitting this, but I think I've been on `auto pilot' and actually driven thru it in anticipation of stopping for Johnny Cake.... (i.e. safety hazard). Our children catching school buses need to be safe but bus stops can be moved for the good of the masses and all parties can be satisfied. If a bus were actually stopped there, its 'stop flag' should be extended and all traffic should stop behind the bus, regardless of whether a stop sign does or does not exist. Feel free to share my sentiments by name. Good luck! Terry Curtis 4625 Summit Pass This communication, including attachments, is confidential, maybe subject to legal privileges, and is intended for the sole use of the addressee. Any use,�� duplication, disclosure or dissemination of this communication, other than by the addressee, is prohibited. If you have received this communication in error, please notify the sender immediately and delete or destroy this communication and all copies. AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 2, 2015 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE EXTENSION of Repurchase Agreement Term for MHC Properties for Property in the Cedar Grove Redevelopment District E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo November 2, 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. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENTAGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES EDAC-1 Minutes of the October 20, 2015 EDA meeting. 2. APPROVAL OF EXTENSION of Repurchase Agreement Term for MHC Properties for Property in the Cedar Grove Redevelopment District ACTION TO BE CONSIDERED: To approve the First Amendment of the Repurchase Agreement dated April 24, 2015 for property in the Cedar Grove Redevelopment District between the EDA and MHC Cedar Grove LLC. ➢ On February 18, 2014, the EDA approved the purchase agreement with MHC Cedar Grove LLC (Morrissey Hospitality) to sell an approximately one acre parcel between Cedar Grove Parkway and the parking garage to the company for the construction of a Home2 by Hilton hotel, with closing anticipated by August 31, 2014. In July, the developers indicated that they could not come to terms with an institutional equity partner and would need to go back to the market for investors. In order to permit the firm additional time for that purpose, the EDA approved an extension of the time to close to October 31, 2014. As efforts to raise capital for the project continued, the developer requested and was granted another extension on December 2, 2014, through the end of February, 2015. ➢ At that time, the developer indicated progress had been made to secure equity, but that work continued in that regard and, to that end, the developer asked for an extension to close on the property by April 24, 2015. In addition to the extension, changes in this amendment also include an obligation for the EDA to repurchase the property if no construction has begun within 6 months of closing (October 24, 2015). The EDA approved an extension on that basis and MHC closed on the property at that time. ➢ Since the Morrissey group closed on the property on April 24, 2015, they have updated their construction plans to the current Building Code and have a footing and foundation permit application ready to be released by Building Inspections, they have selected a building contractor and they have pursued several additional investors in an effort to close the equity gap. Prior to the October 24 deadline, the EDA received a written request from the Morrissey Group asking for an additional six month extension of the agreement. ➢ The Finance Committee considered the request at its meeting of October 19, 2015. The Committee noted that the developer has been pursuing equity for at least two years and, while they recognize the steps made to finalize the project to be ready to move forward, they indicated that any additional extension would need to include performance steps to assure either that construction would commence in the spring of 2016 or that the EDA would repurchase the property and pursue other development partners for the property. ➢ The Committee recommended negotiation of an extension that requires confirmation of full equity assembly no later than February 1, 2016 and commencement of construction no later than April 24, 2016. If either deadline is not met, the Committee recommends that the EDA repurchase the property under the terms of the current Repurchase Agreement and market the property to third parties. An agreement to that effect has been prepared by the City Attorney and executed by MHC and is in order for consideration at this time. EDAC-2 First Amendment of Repurchase Agreement between the EDA and MHC Cedar Grove LLC to extend the Term of the Agreement. 3. OLD BUSINESS There are no old business items at this time. 4. NEW BUSINESS There are no new business items at this time. 5. OTHER BUSINESS There are no other items at this time. 6. ADJOURNMENT ON TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota October 20, 2015 A meeting of the Eagan Economic Development Authority was held on Tuesday, October 20, 2015 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commission Fields, and Commissioner Hansen. Commissioner Tilley was absent. Also present were Executive Director Osberg, City Attorney Dougherty, and Community Development Director Hohenstein, CALL TO ORDER 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 Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of October 6, 2015. There was no Old Business. OLD BUSINESS NEW BUSINESS Receive Application for Minnesota Investment Fund Allocation for the Prime Therapeutics Expansion and Schedule a Public Hearing for its Consideration Community Development Director Hohenstein introduced the item noting Prime Therapeutics is an Eagan - based company that arose out of the Blue Cross Blue Shield network and it provides services for many of the Blue Cross Blue Shield companies around the United States. The company has been expanding its facilities in Eagan as well as in Bloomington and Mendota Heights, and has been working with the Minnesota Department of Employment and Economic Development on a Minnesota Investment Fund allocation, which requires the City to act as a conduit between DEED and the company. Hohenstein noted Prime has submitted a preliminary application to the City to serve in that capacity to facilitate a $250,000 forgivable loan, in exchange for which the company will create 100 new jobs in Eagan at a rate of $32.40/hour. The City Council Finance Committee reviewed the application and found it to be consistent with the City's Business Assistance Policy and is recommending EDA approval of the application. The formal discussion of the details will occur at a public hearing on November 17, 2015. Commissioner Fields moved, Commissioner Bakken seconded a motion to receive a Minnesota Investment Fund application from Prime Therapeutics for its expansion in the City of Eagan and schedule a Public Hearing in that regard November 17, 2015. Aye: 4 Nay: 0 There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Date David M. Osberg, Executive Director