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01/03/2017 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JANUARY 3, 2017 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. OATHS OF OFFICE — Councilmembers Fields and Tilley 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. ADOPT a Resolution Accepting a Donation from John Nasseff and Helene Houle in recognition of former City Administrator Tom Hedges F. ADOPT a Resolution Accepting a Donation from an Eagan Citizen to Support the Police K9s G. APPROVE Final Payment, Contract 16-08, 2016 Well Rehabilitations (#12, #14) H. Item removed I. APPROVE 2017 Fee Schedule for General Municipal and Technical Specialty Consultant Services J. PROHIBIT Parking on West Service Road (east and west sides, Eagan Industrial Road to approximately 475 feet north) K. APPROVE resolution accepting donation from Keith Maiz and an anonymous donor L. APPROVE On -Sale Beer and Wine License for ZZQ Inc. doing business as ZZQ Smokehouse, 3390 Coachman Road #204 M. APPROVE On -Sale Liquor License for Denebola Corp doing business as Bayleaf Restaurant Indian Cuisine, 1260 Town Centre Drive N. APPROVE On -Sale Liquor License for Valley Lounge, Inc. doing business as Valley Lounge, 3385 Sibley Memorial Highway 0. APPROVE Preliminary Subdivision — Wetteland Addition - A Preliminary Subdivision to create 2 single family lots located at 4540 Blackhawk Road V. PUBLIC HEARINGS A. APPROVE Project 1229, Waterview —Street Improvements B. APPROVE Project 1231, Lexington Pointe 11th / 12th / 14th Additions — Street Improvements C. APPROVE Project 1232, Gardenwood Ponds 1st - 3rd - Street Improvements D. APPROVE Project 1233, South Hills Addition —Street Improvements E. APPROVE Project 1234, Gopher Eagan Industrial Park (Kutoff Court) —Street Improvements VI. OLD BUSINESS VII. NEW BUSINESS A. Comprehensive Guide Plan Amendment- Eagan Yankee Doodle Self Storage -A Comprehensive Guide Plan Amendment from BP, Business Park to IND, Limited Industrial located on the south side of Yankee Doodle Road adjacent to Inver Grove Heights VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Second Amendment to Sale and Purchase Agreement for Outlot A, Paragon Addition with Affinity at Eagan, LLC 3. AUTHORIZE and approve the Second Amendment to Repurchase Agreement for Lot 1, Block 1, Cedar Grove Parkway 4th Addition 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 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: DECEMBER 29, 2016 SUBJECT: AGENDA INFORMATION FOR JANUARY 3, 2017 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 3, 2017 City Council agenda, the following items are in order for consideration. Agenda Information Memo January 3, 2017, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Oath of Office for Councilmember Cyndee Fields and Councilmember Meg Tilley Facts: ➢ The Oath of Office will be administered to Councilmember Fields and Councilmember Tilley, who were re-elected to four-year terms. ➢ The written oaths will be brought to the meeting for signatures. Attachments: (0) Agenda Information Memo January 3, 2017 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. Approve Minutes Action To Be Considered: To approve the minutes of the December 20, 2016 regular City Council meeting as presented or modified. Attachments: (1) CA -1 December 20, 2016 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 20, 2016 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was absent. Birchpond Road residents addressed the Council with their concerns about the salt shed that was recently installed at the Central Maintenance Facility. The Council discussed their concerns. Staff noted further discussions will occur in the spring regarding landscape screening for that area and the neighborhood will be included in that discussion. The Council directed the Public Works Committee to review screening options. A regular meeting of the Eagan City Council was held on Tuesday, December 20, 2016 at 6:45 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hutmacher, Parks and Recreation Director Pimental, Public Works Director Matthys, Police Lieutenant Tennessen, Fire Chief Scott, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There was no recognitions and presentation to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the December 6, 2016 regular City Council meeting as presented or modified. B. Personnel Items: 1. It was recommended to accept the resignation of Officer Robert Stephens and authorize the recruitment and replacement of this position. 2. It was recommended to approve employee rates at the Eagan Community Center Fitness Center for benefit -eligible, non-union employees. C. It was recommended to ratify the check register dated November 25, December 2, and December 9, 2016 as presented. D. It was recommended to approve the ordinary and customary contracts with Baser PL Umpire Association, Metro Volleyball Officials Association, Jack Shawn-SMOA Officials Association, Peters Design Company, and an agreement between Money Movers, Inc. and Eagan Community Center. City Council Meeting Minutes December 20, 2016 2 page E. It was recommended to approve Change Order #3 for Project 16-05 Fire Station One. F. It was recommended to approve the agreement to print Eagan History Book. G. It was recommended to adopt a resolution accepting a $4,150 donation from the Eagan Citizen's Crime Prevention Association that will be used to reimburse the City for travel expenses incurred by four staff members who traveled to Livermore, California. H. It was recommended to approve the 2017-2021 Parks and Recreation Capital Improvement Plan (CIP) and the 2017 budget within that plan. I. It was recommended to adopt a resolution approving a Premise Permit for the Eagan High School Football Booster Club to conduct lawful gambling at Bald Man Brewing, Inc., 2020 Silver Bell Road #28. J. It was recommended to approve a change in the management of the Off -Sale Liquor License held by Minnesota Fine Wines & Spirits, LLC doing business as Total Wine. K. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus. L. It was recommended to receive the Draft Feasibility Report for Project 1227 (Cedar Industrial Park — Street Improvements) and schedule a public hearing to be held on January 17, 2017. M. It was recommended to receive the Draft Feasibility Report for Project 1228 (Woodgate 2'd Addition — Street Improvements) and schedule a public hearing to be held on January 17, 2017. N. It was recommended to receive the Draft Feasibility Report for Project 1230 (Pinetree Forest — Street Improvements) and schedule a public hearing to be -held on January 17, 2017. 0. It was recommended to receive the Draft Feasibility Report for Project 1235 (Halley's 1St Addition (Biscayne Avenue) — Street Improvements) and schedule a public hearing to be held on January 17, 2017. P. It was recommended to approve the final payment for Contract 16-03 (Citywide Trail and Parking Lot Improvements) in the amount of $41,813.13 to Bituminous Roadways, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Q. It was recommended to approve Change Order #4 to Contract 16-04 (Central Maintenance Facility Renovations) and authorize the Mayor and Deputy City Clerk to execute all related documents. R. It was recommended to approve the final payment for Contract 16-13 (Inflow & Infiltration Manhole Seals — Sanitary Sewer Improvements) in the amount of $15,300.00 to Ess Brothers & Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. S. It was recommended to acknowledge the completion of Project 13-1 (Bennerotte Addition — Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. T. It was recommended to approve the Seventh Amendment to Lease Agreement with Verizon Wireless, for improvements on a designated water reservoir site, and authorize the Mayor and Deputy City Clerk to execute all related documents. U. It was recommended to approve a resolution establishing winter season parking regulations as proposed by the City Engineer for Wilderness Park Court and authorize the installation of regulatory street signs. V. It was recommended to approve the recommendations of the Public Works Committee regarding various appeals to Inflow & Infiltration (I&I) Program or Water Meter Replacement/Repair (R/R) Program surcharges. W. It was recommended to approve a Stormwater Management System Maintenance Agreement with Kwik Trip, Inc. owners of the Kwik Trip Convenience Store 179 site, at 4600 Slater Road, and authorize the Mayor and Deputy City Clerk to execute all related documents. City Council Meeting Minutes December 20, 2016 3 page X. It was recommended to approve a Final Plat to create one single-family lot upon approximately 5 acres at 1025 Wescott Road. Y. It was recommended to approve a one-year extension of the Conditional Use Permit and Variance approvals for property legally described as Lot 1, Block 1, Spectrum Business Park. Z. It was recommended to approve a transfer of $1,535,323 from the Community Investment Fund to the Fire Station 4 Remodel Fund, a transfer of $673,008 from the Community Investment Fund to the Aquatic Facility (Cascade Bay) Fund, and a transfer of $259,674 from the Community Fund to the Old Town Hall Restoration Fund. AA. It was recommended to approve a resolution and accept the amendment to the 2017 grant on behalf of the Dakota County Drug Task Force. BB. It was recommended to approve an indemnification agreement between the City of Eagan and Healtheast Care System. CC. It was recommended to adopt a resolution granting Comcast of Minnesota, Inc. (Comcast) a franchise term extension to June 20, 2017. DD. It was recommended to approve a resolution accepting a $2,000 donation from Wal-Mart, which will be used by the Eagan Police Department to purchase holiday gifts for the Police Department's "Shot with a Cop" program. PUBLIC HEARINGS 2017 Fee Schedule City Administrator Osberg introduced the item noting the Council is being asked to approve the 2017 Fee Schedule establishing the fees for various City services, supplies and materials. Finance Director Pepper shared a few of the highlights of the proposed changes for 2017. Pepper pointed out a correction in the monthly utility bill for all utilities for a typical household that uses 20,000 gallons of water in the winter will increase $1.48/month, a 3.4% overall increase. The Council discussed the proposed 2017 Fee Schedule. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and adopt a resolution approving the 2017 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 4 Nay: 0 West Publishing Company 5th Addition — Easement Vacation And Raarup Addition Final Plat City Administrator Osberg introduced the item noting the Council is being asked to approve the vacation of public drainage and utility easements within Lots 1 and 2, Block 1, West Publishing Company 5th Addition and to approve a Final Plat (Raarup Addition) consisting of two single-family lots upon approximately 4.2 acres located at 3630 Elrene Road. Public Works Director Matthys gave a staff report and provided a site map. City Council Meeting Minutes December 20, 2016 4 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the vacation of public drainage and utility easements within Lots 1 and 2, Block 1, West Publishing Company 5th Addition, and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Final Plat (Raarup Addition) consisting of two single-family lots upon approximately 4.2 acres located at 3630 Elrene Road. Aye: 4 Nay: 0 OLD BUSINESS Ordinance Amendment to Chapter 5, Sections 5.01, 5.52, and adding 5.66 Regarding self -serve malt liquor dispensers and regulations City Administrator Osberg introduced the item noting at the October 18th Council meeting, Council directed staff to initiate an ordinance amendment to allow 'self -pour stations' in on -sale licensed premises and to amend the type of restaurants eligible for an intoxicating Liquor license. The Council previously received a request from a resident who plans to open a new brewpub in Eagan, which is proposed to include a self -pour wall. Osberg noted a self -pour wall, referred in Code as a Self -Serve Draught Malt Liquor Dispenser, means a system of automation or electronics that enables a patron of an establishment to draw, pour or serve malt liquor beverage from a draught tap system. Assistant City Administrator Miller gave a staff report. The Council discussed the ordinance amendment. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to Chapter 5, Sections 5.01, 5.08, 5.52, and adding 5.66 regarding self -serve malt liquor dispensers and regulations. Aye: 4 Nay: 0 NEW BUSINESS There was no new business to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. City Council Meeting Minutes December 20, 2016 5 page ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Tilley noted the Eagan Forward Study Team "Becoming a Welcoming Community", recently sewed colorful cloth bags and filled them with community information that are now available at City Hall for new residents. Mayor Maguire noted Councilmembers were at the official lighting of the Sperry Tower tonight and that it is a creative solution to replace a water tower for telecommunications purposes. CITY ADMINISTRATOR City Administrator Osberg acknowledged Police Lieutenant Nate Tennessen in the audience and his recent promotion to Lieutenant. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:17 p.m. Aye: 4 Nay: 0 Date Mayor Deputy City Clerk Agenda Information Memo January 3, 2017 Eagan City Council Meeting CONSENT AGENDA B. Personnel items ITEM 1. Action To Be Considered: Authorize the hiring of a Utilities Field Supervisor, to be named. Facts: ➢ This position was approved for replacement on November 15, 2016. ITEM 2. Action To Be Considered: Authorize the hiring of William Hastings, Part Time Overnight Custodian - ECC. ITEM 3. Action To Be Considered: Authorize the hiring of Nova Larson, Part Time Overnight Custodian - ECC. Agenda Information Memo January 3, 2017 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated December 16 and 23, 2016 as presented. Attachments: (2) CC -1 Check register dated December 16, 2016 CC -2 Check register dated December 23, 2016 Agenda Information Memo January 3, 2017, 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 Deputy City Clerk. Contracts to be approved: ➢ Locker Concession Agreement with Smarte Carte, Inc. for electronic storage lockers at Cascade Bay ➢ Services Agreement with G&K Services for facility janitorial services ➢ Partnership Agreement Minnesota Valley Photography Club for volunteer photography services ➢ Joint Powers Agreement with Dakota County for Sentence to Service Program Work Crews Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo January 3, 2017, Eagan City Council Meeting CONSENT AGENDA E. Adopt a Resolution Accepting a Donation from John Nasseff and Helen Houle in Recognition of former City Administrator Thomas L. Hedges Action to Be Considered: Adopt a Resolution Accepting a Donation from John Nasseff and Helene Houle in Recognition of former City Administrator Thomas L. Hedges. Facts: Thomas L. Hedges was the City of Eagan's first City Administrator serving from 1976-2013. During his term as City Administrator for the City of Eagan, Thomas L. Hedges was instrumental in facilitating the relocation of Thomson Reuters (formerly known as West Publishing) from St. Paul to Eagan. During that period of time Mr. Hedges established a strong relationship and rapport with the Vice President of Thomson Reuters, Mr. John Nasseff. Mr. John Nasseff and his wife Ms. Helen Houle wish to recognize Thomas L. Hedges for his years of service to the City of Eagan and honor their relationship with Mr. Hedges On Monday, December 5, 2016 Mr. John Nasseff and his wife Ms. Helene Houle presented a check to the City of Eagan in the amount of $100,000 to allow for the construction of a Plaza at Old Town Hall and various display systems in Old Town Hall. Attachments: (1) CE -1 Resolution RESOLUTION NO. CITY OF EAGAN ACCEPT A DONATION FROM JOHN NASSEFF AND HELENE HOULE IN RECOGNITION OF FORMER CITY ADMINISTRATOR THOMAS L. HEDGES WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs of to the general public for providing public services and certain public improvement projects in the City of Eagan; and WHEREAS, Mr. John Nasseff and Ms. Helene Houle have presented the City of Eagan with a donation in the amount of $100,000 in recognition of former City Administrator Thomas L. Hedges; and WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City with the intent to construct a Plaza at Old Town Hall in recognition of former City Administrator Thomas L. Hedges and provide display systems in the Old Town Hall; and BE IT FURTHER RESOLVED, that the City of Eagan sincerely thanks Mr. John Naseff and Ms. Helene Houle for their gracious and generous donation. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: January 3, 2017 Agenda Information Memo January 3, 2017, Eagan City Council Meeting CONSENT AGENDA F. Adopt A Resolution Accepting A Donation From An Eagan Citizen To Support The Police K9s Action To Be Considered: Adopt a resolution accepting a $1,000 cash donation from Patricia Judge in honor of her late husband Gregg and direct the funds to revenue account number 1102.2862 for accounting purposes. Facts: ➢ Gregg Judge passed on December 11, 2014. ➢ Gregg and wife Patricia are longtime Eagan Residents. ➢ Eagan Police Personnel have assisted each of them on various occasions. ➢ On December 15, 2016, Ms. Judge provided $1,000 to be used for canine purposes. ➢ By approving the resolution, the funds will be transferred into revenue account number 1102.2862 for accounting purposes. ➢ The City seeks approval to accept the donation. Attachments: (1) CF -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Patricia Judge WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Patricia Judge has presented the police department with a donation in the amount of $1,000 in memory of her husband Gregg Judge. The funds will be used to support the Police Department's Canine Program. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks -Patricia -Judge for the gracious and generous donation in memory of her husband Gregg. ADOPTED this 3rd day of January, 2017. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo January 3, 2017 Eagan City Council Meeting CONSENT AGENDA G. Contract 16-08, Wells No. 12 & 14 Rehabilitation Water System Improvements Action To Be Considered: Approve the final payment for Contract 16-08 (Wells No. 12 & 14 Rehabilitation — Water System Improvements) in the amount of $25,595.00 to Keys Well Drilling Co., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 16-08 refurbished Wells No. 12 and 14, providing equipment removal, equipment disassembly or inspection, replacement of worn or broken parts, equipment reassembly, coating protection, televising of the actual well, and- cleaning and re- installation of the casing. ➢ The City's Public Works Department (Utilities Division) operates 21 deep water wells as the source of Eagan's municipal drinking water supply. The average operational life of a deep water well is approximately seven years or 45,000 running hours. On average, the City of Eagan contracts to rehabilitate three wells per year. ➢ These improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo January 3, 2017 Eagan City Council Meeting CONSENT AGENDA I, 2017 Consulting Engineering Rates Action To Be Considered: Approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2017. Facts: ➢ Each year the consulting engineering companies selected to provide general municipal and technical specialty services to the City of Eagan submit their proposed fee schedule for the upcoming year. ➢ According to the terms of the contracts, these proposed amendments to the _original contracts must be approved by the City Council before implementation. ➢ The attached spreadsheet indicates the fees the general municipal consultants (Bolton & Menk; SEH and WSB) have requested for the Council's approval. All have elected to raise their 2017 rates for most personnel, generally to match inflation rates and local industry standard rates. ➢ The consulting engineering companies providing technical specialty services have also submitted their proposed rates for 2017. Said rates are on file in the Engineering office for review. ➢ Engineering staff have reviewed the proposed 2017 rates and found them to be in order for favorable Council action. Attachments (2) CI -1 Consulting Engineering Fees —General Municipal CI -2 Fee Increase Comparison — General Municipal 2017 COMPARISON RATES OF CONSULTING ENGINEERING FIRMS FOR THE CITY OF EAGAN GENERAL MUNICIPAL ENGINEERING SERVICES BOLTON & SHORT ELLIOTT WSB & CLASSIFICATION MENK INC HENDRICKSON INC. ASSOCIATES, I (S E H) Principal / Principal CITY CITY POSITION CLASSIFICATION $170-$240 II $155-$240 II $160-$180 II $160 I Department Head Principal Engineer / Sr Associate / Senior Proj Manager $127-$180 $120-$225 $143-$180 $140 City Engineer Project Manager / Dept Manager / Design Review Engineer $106-$170 $120-$200 $125-$137 $125 Assistant City Engineer Engineering Specialist / ROW Spec / Senior Agent $125-$175 $130-$200 NA $135 Transportation Engineer Landscape Architect / Hydrologist / Planner $52-$170 $85-$135 $67-$107 $100 Planner Project Engineer/ Architect $52-$170 $100-$160 NA $125 Assistant City Engineer Senior GIS Designer / Water Resource / Senior Designer $106-$170 $80-$150 NA $95 Water Resource Specialist Senior Field Supervisor / Construction Observer $72-$165 $75-$125 NA $100 Project Coordinator Engineering Technician / Scientist / CADD/Survey/Graphics $72-$165 $70-$120 NA $90 Engineering Technician Project Technician $33-$140 $60-$105 NA $90 Engineering Technician Word Proc/ Admin Tech/ Clerical $29-$110 $55-$90 $45-$88 $65 Engineering Aide Clerical Technician Project Surveyor $82-$130 $60-$90 NA $90 Engineering Technician 3 -Person Survey Crew $189 $170 2 -Person Survey Crew $172 $145 GPS Survey Equipment No Charge NA No Charge Total Station Equipment $30/hour NA No Charge GIS Workstation Equipment No Charge $30/hour NA No Charge Mileage No Charge $0.53/mile Normally Included IRS Rate Reproduction, Printing, Duplicating, Stakes, Field Supplies, Telephone calls Etc. No Charge Various Included Actual Costs G:IENGINEERING/CONSULTING SERVICES/RATES/Rate Schedule'17 Rev. 12-29-16 Z W _ uj - Z 00 (j) aW 0 Z 0-1 U � Z 00 N V LL 0 W �4 W V Z Z W LL 0 U 0 LL (U p U a 0 a) 2 0 N' 2 C CAC c Q c I- C c 2 U y GV U m C a) a) CA p N o W N N m N 0 c U C U N~ U) QW �� at W 0 at U SOW rnr ❑ d W U t` 0 0 0 0 0 0 0 0 0 0 o o (fl o �t ui M ui N o N 0 O O L6 o t` «i �' co N > a O M V U> � U9 � � NfT � En U) 0 0 0 0 0 0 C 0 0 U 0 t"i n O N O M O M M ch (tt O n 00 It N LO LO W (O h O O Q Q CO rn 0 O O O O O O O O O M t0 O O O L6coo O O O C2 L U N Q r coM (� G91( 69,W, t� o (Uq U� o o LO0 0 N Q r M M MW (0 W ffl ElT N!> fA � � Ef} VJ N 14 0 c 0 o N C CU N O 0 a 0 0 M ( CO W M M cli C U G C d 0 Cl) co O Cl) O O O O O O M O M Cl) O Cl) d; CO O LO � O O O N Q _06 M dr' N_ O N M U W (2 U U U EA NfT ER ER NA EH Ef3 64 NfT Efl E9. w, w, C C C C O O O O O O O O O O O O In to O O O O O O O Lo to O f2 h N O LO O O Lo O l0 N N O O O_M N ¢ lA h Ela (o f!3 M (i> �- WJ M d3 ER O ER O ER W EFJ t` h (A L O L O a� = 0 0 0 0 o o jam, o p LU 0 O O Lq t U') M O (N7 O LO Z;5 M - o co '� o M C° o En > C) (flLq (00• LOo L 0 00 0 o O Lo o O N Q h M I- M ti M N M L6 M O r (!7 �? (D N r O �! Ela Efl El) El) 6e El) ER EH U> LO M � Lq Lo Lo O ani N LO r M O M O N Q ER ER El} ER ER EH 00 (D Ela Z � 06 a '3 a Z 0 O O O O O O O O 0 O O O O Cl? O O N O O O C C 0 N a) mm M O U) O LO O LO 21 0 L° O �_ M LO co L U L U N Q <» � E» <» OD 00 (Mo Ef> � O Z O Z rn m a`t 0 vi N CL 3 a o U O m a) 0 Q) 2 > U �' co O r U 3 3 O Ep N Q � 0 C m o C o N o F c a)i U U p v U o_ (n aj wU U c 0 0 0 0 D c C C N ,f6 \ U ` N V Q a) O d d 60 o m w Q m a c c No M U U fl. ,Q o c 3 a) m en a ami a m w c ;(� c o >>> o at a a' 0 I— Fo d U Q c 0 N at (n � o c (n m H c n Z Z W W o y v L) c Q m '� ❑ •N' a 0 a`ni Z' o aTi o :° 0 3 3 0 ,at c W N c m a W76 U o N c@ = at o C Z .� Y N n cm < d ) O U N U C O '�' U O O O G N O U y N � Cn c c a> o m e p 'c 'c 'c a 'ot Z '0 0 0 0 (D o U) m (A CO c `o c `o at 4. Q c at m at at o c o o n 0 0 co U) a W cn J IL cn cA CO 0 W c4 d � d m N5 U I— U U' U 1 U I O� iL Agenda Information Memo January 3, 2017 Eagan City Council Meeting CONSENT AGENDA J. West Service Road Parking Prohibition Action To Be Considered: Approve the prohibition of parking on West Service Road, both the east and west sides, from Eagan Industrial Road to approximately 475 feet north and authorize the Mayor and Deputy City Clerk to execute all related documents. Facts: ➢ On June 28, 2016, a petition was received from CJ Holdings, LLC, property owner at 2845 West Service Road, requesting a "no -parking" designation on both sides of West Service Road, from Eagan Industrial Road to approximately 475 feet north. - ➢ The petitioner's stated purpose of the no -parking request is to prohibit parking on this portion of West Service Road, primarily used by staff of an adjacent business, to provide adequate driveway access for business and emergency vehicles to the property at 2845 West Service Road. ➢ At the petitioner's request, Council action on the petition was delayed to evaluate the effectiveness of temporary parking measures. These measures have been found ineffective. ➢ A letter was sent to adjacent property owners informing them of the proposed parking restrictions and the City Council's consideration at the January 3, 2017, Council meeting. ➢ No objections to the petition have been received to date. ➢ The proposed parking restriction has been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments (2) CJ -1 Notice Letter CJ -2 Resolution {{{jjjR,i City Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members David M. 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 TDO www.cltyofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. December 28, 2016 Re: !/Vest Service Road ® Proposed Parking Restrictions Dear Property Owner: The City of Eagan has received a petition from CJ Holdings LLC (2845 West Service Road) and will be considering parking restrictions on both sides of West Service Road (from Eagan Industrial Road to approximately 475 feet north of - Eagan Industrial -Road), at the January -3,-201:7, Council meeting. The meeting - begins at 6:30 pm in the Council Chambers located in the Municipal Building at 3830 Pilot Knob Road, Eagan, MN. The petitioners' stated purpose of the no -parking request is to prohibit parking on both sides of West Service Road (from Eagan Industrial Road to approximately 475 feet north of Eagan industrial Road), to provide for adequate business and emergency vehicle drive access. On January 3, the City Council will consider this restriction of parking on West Service Road. You are welcome to attend the Council meeting to provide Input. Please contact me with any questions by e-mail at Igorder@citvofeagan.com or by telephone at 651-675-5646. Sincerely, John Gorder, P.E. City Engineer C; Dave Osberg, City Administrator Jim McDonald, Police Chief Russ Matthys, Public Works Director CITY OF EAGAN A RESOLUTION RELATING TO PARKING RESTRICTIONS ON WEST SERVICE ROAD THIS RESOLUTION, passed this 3rd day of January, 2017, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City." WITNESSETH: WHEREAS, adequate vehicular driveway access to non-residential properties from adjacent public streets for business and emergency purposes is critical to the safety and success of businesses occupying such properties; and WHEREAS, vehicular driveway access for business and emergency purposes to a non- residential property at 2845 West Service Road from the adjacent public street, West Service Road, has been found to be insufficient on repeated occasions due to the parking of motor vehicles on said -public street; and WHEREAS, the prohibition of the parking of motor vehicles on a portion of West Service Road in the general area of the vehicular driveway access to 2845 West Service Road would provide for adequate utilization of the public street to allow vehicular access for business and emergency purposes to said property; and WHEREAS, it is desirable for the City to prohibit parking on public streets to allow for the utilization of the available public street, as needed, to provide for adequate vehicular driveway access for business and emergency purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Eagan shall prohibit the parking of motor vehicles on West Service Road, both the east and west sides, from Eagan Industrial Road to approximately 475 feet north. DATED this 3rd day of January, 2017 Mike Maguire, Mayor ATTEST: Cheryl L. Stevenson, Deputy Clerk State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 3rd day of January, 2017, as disclosed by the records of said City in my possession. Cheryl L Stevenson, Deputy Clerk Agenda Information Memo January 3, 2017, Eagan City Council Meeting CONSENT AGENDA K. Approve resolution accepting donation from Keith Maiz and an anonymous donor Action To Be Considered: Approve resolution accepting $28 donation from Keith Maiz and an anonymous donor Facts: ➢ State Statute 465.03 requires that the city accept donations by resolution of the governing body adopted by a two-thirds majority. ➢ The City received donation checks from a 3rd party company via a payroll - - -- deduction from employees _of_Target _Corporation. - -_ ➢ One of the employees is Keith Maiz and the other is listed as an anonymous donor. ➢ The donations total $28 and will be receipted to the General Fund to support general operations of the City. Attachments: (1) CK -1 Resolution RESOLUTION NO. _ CITY OF EAGAN TO ACCEPT DONATION FROM KEITH MIAZ AND AN ANONYMOUS DONOR WHEREAS, the City of Eagan, Minnesota (the "City"), is required by State Statute 465.03 to accept donations by resolution; and WHEREAS, the Mr. Keith Maiz and an anonymous donor desired to make a contribution of money to the City with no specific designation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the Eagan City Council does hereby accept the donation of $28 to support general services the City provides. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, Mayor, and Cheryl L. Stevenson, Deputy Clerk, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this _ day of , 20_. Mike Maguire, Mayor Cheryl L. Stevenson, Deputy Clerk Agenda Information Memo January 3, 2017, Eagan City Council Meeting CONSENT AGENDA L. Approve On -Sale Beer and Wine License for ZZQ Inc. doing business as ZZQ Smokehouse, 3390 Coachman Road #204 Action To Be Considered: To approve an On -Sale Beer and Wine License for ZZQ Inc. doing business as ZZQ Smokehouse, located at 3390 Coachman Road #204. Facts: ➢ Zachary Zeug, owner of ZZQ Inc., has applied for an On -sale Beer and Wine License for his restaurant located at 3390 Coachman Road #204. - - ➢ All -required documents havebeensubmitted, reviewed and deemed in -order by- - - - City staff and the Police Department. Attachments: (0) Agenda Information Memo January 3, 2017, Eagan City Council Meeting CONSENT AGENDA M. Approve On -Sale Liquor License for Denebola Corp. doing business as Bayleaf Restaurant Indian Cuisine, 1260 Town Centre Drive Action To Be Considered: To approve an On -Sale Liquor License for Denebola Corp. doing business as Bayleaf Restaurant Indian Cuisine, located at 1260 Town Centre Drive. Facts: ➢ Bharathi Nemani, Lata Venkata, Sarada Jayanthi and Sunil Killo, partners of Denebola Corp., have applied for an On -Sale Liquor License for a restaurant - ----located-at 1260 Town -Centre Drive.-Denebola-Corp.-is-purchasing Indian Zayka. -- - - - -- ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo January 3, 2017, Eagan City Council Meeting CONSENT AGENDA N. Approve On -Sale Liquor License for Valley Lounge, Inc. doing business as Valley Lounge, 3385 Sibley Memorial Highway Action To Be Considered: To approve an On -Sale Liquor License for Valley Lounge, Inc. doing business as Valley Lounge, located at 3385 Sibley Memorial Highway. Facts: ➢ Ownership of the Valley Lounge is transferring from the current licensee, Loco U & Me LLC, to a new corporate entity, Valley Lounge, Inc. The partners of Valley Lounge_lnc. are the same as they were for Loco U & Me -LLC: Linda Young and — -- — Charles Burrows. ➢ The State requires the City issue a new license to the new corporate entity. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo January 3, 2017, Eagan City Council Meeting CONSENT AGENDA O. Approve a Preliminary Subdivision (Wetteland Addition) to create two single- family lots at 4540 Blackhawk Road—Anne Wetteland Action To Be Considered: To approve a Preliminary Subdivision to create two single-family lots upon approximately 1.8 acres located at 4540 Blackhawk Road. Required Vote for Approval: Majority of Councilmembers present Facts: ➢ The applicant proposes to create two single-family lots upon 1.8 acres located at - -- --4540_BI_ackhawk-Road. - -- - - - -- - — - ➢ The property contains an existing single-family home on the southern portion of the site which was constructed in 1968. A wetland is present on the northeast portion of the site. Bituminous trails are located along both sides of Blackhawk Road. ➢ A wetland delineation has been prepared and was accepted in October 2016. City Code requires a 20' buffer to be established around the wetland, with conservation easements over the buffer area to be provided at the time of Final Subdivision. ➢ The proposed Preliminary Subdivision complies with R-1 zoning standards for width, area, and street frontage, and the conceptual Site Plan shows compliance with setback standards. ➢ An Individual Lot Tree Preservation Plan will be required for Lot 1 at the time of Building Permit application; allowable removal is 20% and mitigation is anticipated based on the conceptual Site Plan. ➢ Water main and sanitary sewer are available within Blackhawk Road right-of- way, however, the utilities have not been stubbed to the property for proposed Lot 1. Connection will require excavation and directional boring within the right- of-way. ➢ The driveway to the new house on Lot 1 should include a hammer turnaround so vehicles do not need to back onto Blackhawk Road. ➢ Lot 1 will be subject to cash dedications for parks, trails, and water quality, to be provided at the time of Final Subdivision. ➢ The Advisory Planning Commission held a public hearing on December 27, 2016, and did recommend approval. Issues: ➢ None 120 -Day Agency Action Deadline: ➢ March 16, 2017 Attachments: (4) CO -1 Location Map CO -2 Draft December 27, 2016, APC Meeting Minutes CO -3 Planning Report CO -4 Exhibits IVA o $ .� ����� \'�.r �.. .•Mss �� � : � � r9 ■r � 1�r� lV 0• o©o am 0008 IVA .� ����� \'�.r �.. .•Mss �� � : � � r9 ■r � 1�r� ME �'�►� �'++ �'Q C.'►� �/ rr1 �''� uuu !111 �_ � �1�0 �'■� 11. ° :ter •!', '1111 � �i��rr � • l�At� 1. J/e��. ► �''��'► :1 No a 111�� '�. � � ��, �•-� •� . �� � ,, ,, .ter .■ �� ILE L ►� �%/�i� ���� � , .� i Cid 1 � ,:r�� !��■1�� ■ � ■11■111; �■■/�������I� � , �� � j��■ � =1� 111 ,.. ��I ME Us �����:��.��:� Ili �� ■ :� :Em�� : ti • Advisory Planning Commission December 27, 2016 Page 2 of 6 IV. PUBLIC HEARING New Business A. Wetteland Addition Applicant Name: Anne Wetteland, Homeowner Location: 4540 Blackhawk Rd; Lot 5, Block 2, Clearview Addition Application: Preliminary Subdivision A Preliminary Subdivision to create 2 single family lots. File Number: 29 -PS -06-11-16 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated December 20, 2016. The applicant was available for questions. Member Sagstetter asked if the net lot area requirements were met for each lot. Ms. Dudziak responded in the affirmative. 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 Sagstetter moved, Member Weimert seconded a motion to recommend approval of a Preliminary Subdivision (Wetteland Addition), to create two lots upon 1.8 acres located at 4540 Blackhawk Road, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: Al, B1, B4, C1, C2, E1, F1, G1, 11. 2. The property shall be platted. 3. The development shall receive Final Subdivision approval prior to Building Permit issuance. 4. Development of Lot 1 shall provide setbacks and other bulk standards consistent with the City Code, including the averaging of existing front yard setbacks on the block in determining the required front yard setback applicable to Lot 1. 5. An Individual Tree Preservation Plan shall be submitted at the time of Building Permit application for Lot 1. 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 Advisory Planning Commission December 27, 2016 Page 3 of 6 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. 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. The dedication shall be paid at the time of Final Subdivision at the rates then in effect. 8. A permanent wetland buffer at least 20 -foot wide shall be dedicated as a conservation easement around the wetland located on this property. The development Owner shall execute a Conservation Easement Agreement, in a form acceptable to the City Attorney, over the conservation easement areas. 9. Any damage to the street, trail, curb and gutter, and boulevard should be restored in a manner acceptable to the City Engineer. 10. The driveway to the new house shall include a hammer turnaround so vehicles do not need to back onto Blackhawk Road. 11. Cash park and trail dedication will be required for Lot 1, payable at the time of Final Subdivision. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: December 20, 2016 APPLICANT: Anne Wetteland PROPERTY OWNER: Anne Wetteland REQUEST: Preliminary Subdivision LOCATION: 4540 Blackhawk Road CASE: 29 -PS -06-11-16 HEARING DATE: December 27, 2016 APPLICATION DATE: November 30, 2016 PREPARED BY: Pam Dudziak COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Residential Single SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 1.8 acres for property located at 4540 Blackhawk Road, legally described as Lot 5 Block 2, Clearview AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. Planning Report— Wetteland Addition December 27, 2016 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in the city's water quality and wetland management plan which is properly approved and filed in the office of the city clerk and in effect as of the date the subdivision application was received by the city, hereinafter referred to as the "water quality management plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the city cleric to maintain the water quality management plan and make the same available to the public. L. That the subdivision is in compliance with the city's storm water management regulations pursuant to the federal Clean Water Act as set forth elsewhere in this Code. M. That the subdivision is in compliance with the city's wetland protection and management regulations as set forth elsewhere in this Code. BACKGROUNDMISTORY The property was platted in 1964, is 1.8 acres in size, and contains an existing single-family home. The property is zoned R-1, Single-family, and is guided LD, Low Density residential in the Comprehensive Guide Plan. Planning Report— Wetteland Addition December 27, 2016 Page 3 EXISTING CONDITIONS The existing single-family home was constructed in 1968 and is located toward the south edge of the property. The site has 202 feet of frontage on Blackhawk Road. A wetland is present on the northeast portion of the site. A wetland delineation report was accepted in October of this year. SURROUNDING USES The property is located north of Cliff Road and east of Blackhawk Road, across from the MVTA Blackhawk Road Park and Ride lot. The site is surrounded by single-family homes to the north, east and south. EVALUATION OF REQUEST Description of Proposal — The Preliminary Subdivision proposes to create a total of two single- family lots consistent with the R-1 zoning designation. The existing home will remain on proposed Lot 2, and Lot 1 is proposed for construction of a new single-family home. A - conceptual Site Plan -for Lot 1 -is included in the exhibits.- - - - - - Compatibility with Surrounding Area — The proposal appears compatible with the area as the property is guided LD, Low Density residential, as is surrounding property to the north, east and south. Airport Noise Considerations — The property is located outside of the Airport Noise Policy Zones. Density — The subject site is guided LD, Low Density residential 0-4 units/acre. The proposed subdivision will result in a density of 1.06 units per acre. The proposed density complies with the Comprehensive Guide Plan. Lots — The applicant is proposing to create two lots upon 1.88 gross acres. There is a wetland present on the property, and R-1 zoning allows up to 10% of the required lot area to be in ponding or similar unbuildable areas. The wetland currently occupies 0.36 acres of the 1.88 acre site, or 19%. R-1 zoning requires a minimum lot size of 12,000 s.£, with a minimum lot width of 85' at the front setback line minimum street frontage of 50'. The 12,000 s.f. cannot contain more than 10% ponding or similar unbuildable area. Both proposed lots meet these dimensional standards. Setbacks/Bulk Standards — A summary of the R-1 zoning district bulls standards as applied to the proposed subdivision is contained in the table below; no Variances are indicated. Planning Report— Wetteland Addition December 27, 2016 Page 4 *Where more than 50% of parcels within a block contain dwellings, the minimum required front yard setback line shall become the average setback established by the existing dwellings located in the block. Tree Preservation - The _site _is wooded and contains_ numerous_ significant trees._ An Individual Lot Tree Preservation Plan will be required with the Building Permit for construction on Lot 1. Allowable removal for a single-family lot is 20% maximum. Based on the Conceptual Site Plan submitted for Lot 1, proposed tree removal is 53%. With removal in excess of the allowable amount, tree mitigation would be required. The actual amount of tree removal and mitigation will be determined at the time of Building Permit. Grading/Erosion Control — The preliminary Grading Plan is acceptable. The site is lightly wooded and generally slopes to the east with elevations ranging from 951' to 933'. The proposed grades for the new house and driveway on Lot 1 generally match the existing grades, and the only disturbance on the grading plans is around the house driveway. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. Storm Drainage — The preliminary storm drainage plan is acceptable. The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007), and storm water runoff drains overland to the existing pond AP -40.1, classified as a wetland, located on the Proposed Lot 1 Proposed Lot 2 R-1 Zoning for new construction(existing home Lot area 12,000 sf 33,312 sf = 0.76 ac 48,771 sf = 1.12 ac Net Lot Area Not more than 10% 20,033 sf net of wetland 46,156 sf net of wetland ponding or similar unbuildable Lot width 85' 100' 112' Street frontage 50' 100' 112' Setbacks (minimum): Front* 40' 83' (proposed average*) 122' Side 10' 10' min. 23' to new lot line Rear 15' --- +200'/25' from buffer Wetland/Buffer 25' from buffer* 25' from buffer Building Coverage 20% max 20% max 20% max Impervious Coverage 25% max 25% max 25% max *Where more than 50% of parcels within a block contain dwellings, the minimum required front yard setback line shall become the average setback established by the existing dwellings located in the block. Tree Preservation - The _site _is wooded and contains_ numerous_ significant trees._ An Individual Lot Tree Preservation Plan will be required with the Building Permit for construction on Lot 1. Allowable removal for a single-family lot is 20% maximum. Based on the Conceptual Site Plan submitted for Lot 1, proposed tree removal is 53%. With removal in excess of the allowable amount, tree mitigation would be required. The actual amount of tree removal and mitigation will be determined at the time of Building Permit. Grading/Erosion Control — The preliminary Grading Plan is acceptable. The site is lightly wooded and generally slopes to the east with elevations ranging from 951' to 933'. The proposed grades for the new house and driveway on Lot 1 generally match the existing grades, and the only disturbance on the grading plans is around the house driveway. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. Storm Drainage — The preliminary storm drainage plan is acceptable. The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007), and storm water runoff drains overland to the existing pond AP -40.1, classified as a wetland, located on the Planning Report — Wetteland Addition December 27, 2016 Page 5 eastern half of Lot 1. There is no storm water inlet or outlet for this pond. Modeling was performed to show the pond has adequate capacity for back-to-back 1% (100 year) storm events, and drainage and utility easements over the pond will be included on the plat. Wetlands — Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan's wetland protection and management regulations (City Code § 11.67) apply to this proposed subdivision because there will be land disturbing activities near a classified wetland. On October 24, 2016, the City approved a boundary delineation of a part of the wetland that is in the northeast portion of the property and classified it as "Manage A." City Code § 11.67 Subd. 6 requires a permanent wetland buffer at least 20 -foot wide, as a conservation easement, surrounding "Manage A" wetlands. Stormwater Management/Water Quality — This subdivision ultimately will generate additional stormwater runoff within the City. City Stormwater Management Requirements, City Code §4.34, generally would apply to this proposal because this is a proposed subdivision of land. However, the relatively small size of the land affects the feasible and prudent implementation of stormwater management standards. Thus, a cash contribution to the City's water quality management fund is appropriate and consistent with City Code §13.20 Subd. 8A. 4(b) and - - - historical practices. According to-Eagan's 2017 Fee Schedule, the standard water quality fee -for this type of subdivision is $10,618.00. The dedication shall be paid at the time of Final Subdivision at the rates then in effect. Utilities — The preliminary utility plan is acceptable. The existing house on Lot 2 is connected to the City sanitary sewer and water main system. Existing sanitary sewer and water mains of sufficient size, depth and capacity are available within Blackhawk Road for service connection for proposed Lot 1. Sanitary sewer District W (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. The sanitary sewer is under the east curb line of Blackhawk Road and will require excavation into the curb, street, boulevard, and trail to make the connection. The water main in under the trail on the west side of the street, and will require directional boring of a water service under the road. Any damage to the street, trail, curb and gutter, and boulevard should be restored in a manner acceptable to the City Engineer. Streets/Access/Circulation — Public street access is proposed via Blackhawk Road, a 48 -foot wide two lane undivided collector roadway. The driveway access for the existing house on Lot 2 will remain in its current location, and access to Lot 1 is also proposed onto Blackhawk Road, approximately 30' north of its south property line. The driveway to the new house should include a hammer turnaround so vehicles do not need to back onto Blackhawk Road. Bituminous trails are located along both sides of Blackhawk Road. No new pedestrian facilities are proposed. Easements/Permits/Right-of-Way— Blackhawk Road is a public street maintained by the City. Sufficient right-of-way currently exists for this roadway. This development should dedicate standard drainage and utility easements along the lot lines and over public utilities and the existing pond as required by standard condition of plat approval B 1 and B4. Planning Report — Wetteland Addition December 27, 2016 Page 6 The construction of the sanitary sewer and water services to the proposed house on Lot 1 will require a City permit to work in the right-of-way of Blackhawk Road. Financial Obligation — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision. Improvement Use Rate Quantity Amount Sanitary Sewer R1 $1,546.60/ lot 1 lot $1,546.60 Trunk (existing house previously paid) Water Trunk R1 $1,613.30/ lot 1 lot $1,613.30 (existing house previously paid) Trunk Storm R1 $0.10/sf 82,088 sf $8,208.80 Sewer (area will be credited for D/U easements provided for ponding purposes) Water Quality Fee R1 - - $10,618.00 Dedication Total $21,986.70 The final charges will be computed using the rates in effect at the time of final subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of- way required with the plat. Parks and Recreation — Lot 1 will be subject to cash park and trail dedications, payable at the time of Building Permit at the rates then in effect. The 2017 park dedication fee is $3,579 per unit. The 2017 cash trail dedication fee is $258 per unit. SUMMARY/CONCLUSION The subject site is currently developed with a single family home. The applicant is requesting to subdivide the site into two single family lots. As proposed, the subdivision is consistent with the Low Density guide plan designation, and the lots comply with R-1 zoning standards. A wetland delineation has been completed and approved, and an Individual Lot Tree Preservation Plan will be required at the time of Building Permit for construction on Lot 1. Cash park and trail dedication will be required for Lot 1, payable at the time of Final Subdivision. Planning Report — Wetteland Addition December 27, 2016 Page 7 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Wetteland Addition), to create two lots upon 1.8 acres located at 4540 Blackhawk Road. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: Al, B1, B4, Cl, C2, E1, F1, G1, I1. 2. The property shall be platted. 3. The development shall receive Final Subdivision approval prior to Building Permit issuance. 4. Development of Lot 1 shall provide setbacks and other bulk standards consistent with the City Code, including the averaging of existing front yard setbacks on the block in determining the required front yard setback applicable to Lot 1. 5. An Individual Tree Preservation Plan shall be submitted at the time of Building Permit application for Lot 1. 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. 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. The dedication shall be paid at the time of Final Subdivision at the rates then in effect. 8. A permanent wetland buffer at least 20 -foot wide shall be dedicated as a conservation easement around the wetland located on this property. The development Owner shall execute a Conservation Easement Agreement, in a form acceptable to the City Attorney, over the conservation easement areas. 9. Any damage to the street, trail, curb and gutter, and boulevard should be restored in a manner acceptable to the City Engineer. Planning Report — Wetteland Addition December 27, 2016 Page 8 10. The driveway to the new house shall include a hammer turnaround so vehicles do not need to back onto Blackhawlc Road. 11. Cash park and trail dedication will be required for Lot 1, payable at the time of Final Subdivision. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1, This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval, B. Easements and Rights -of -Way 1. This development shall dedicate 10,foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights-of-way where necessary to accommodate existing or proposed utilities for drainage ways within the plat, The- development hedevelopment shall dedicate easements of sufficient width and location as determined necessary by engineering standards, 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency, 4. This development shall dedicate adequate drainage and ponding casements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan, C. Plans and Specifications 1. x.11 public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval, 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval, 3. This development shall ensure that all dead-end public streets shall have a permanent cul-de-sac, or temporary cul-de-sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the alignment of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development, 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan, The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. `free Preservation and Mitigation 1, This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as allowed under the City's tree preservation ordinance and as approved by the City Council, H. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, storinwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. I. Wetlands Protection and Management I , This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action, J. Airport Noise Attenuation 1, This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and/or Buffer Zone, K. Other 1, All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action.. L. Mailboxes 1. The construction and location of all mailbox supports shall be in accordance with the United States Postal Service policies and regulations for centralized delivery, and the locations shall be approved by the City Engineer and be identified in the final constructions plans for the development, Advisory Planning Commission Approved: August 25, 1987 City Council September 15, 1987 Revised: July IQ,. 1990 Revised: February 2,1993 Revised:. July, 7, 2009 Revised:_ July 1, 2014 t2 (o CNI .• ., a ,• i'IL 04m jog 0 Lo 1 7 7*m III�� I so MEN �i� . � f�j�r+y,�,-., ��i ♦ � � � �1� .moi :CSC:: .. 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Y `• N I I h h N � {� I I z e I — uoou-- - - - - -- _- OVO2INMVHNOVI9 — I lJ 0 V) Z ,�{{� N � R-' f7 o O OVl pO�. Ctn 1+' wZO ; ;o 2. T'o � iE 851, . Z G] O Ow }ow z z X 3d 3 0 =KW=map ` Z m OF � 3 ?z V1 O r. w z a� Z0Z U¢ -H IwoU m wa n �.3CO, ZZW Z3, ¢NZ� Z R o w � � � 0 LL— N :5 o5 pO Vl Z 300 z �Z 2���eI-� 13! PI,6% oFZFJ w �o� O U 3 W�1�1v yCCy��],ZX-Q411��1J NWA>WOUfw/l lJ 0 o�cvd o� � J o J v Z ; ;o 2. T'o � mmmm�n z Q (n no���° =KW=map ` W `� Z C c c -g o �� m z \ n I- z_ � � �•r m os Li WI, x w IW Z , LL— N :5 o5 pO Vl Z D Z ❑ XH 0 E oo T— U �$d� F= W o V N o va _ n ori :7 .ri. f11 'zn V Q W '1IV211119 .8 %6S'0@7 NVS OAcl ,.8 GVO�l AMVHNOVIO NIVW2131Mvm dla ..9 -Ilvdi 119.9 a / � =KW=map ` F ao WI, x w IW Z , I N Z o D Z ❑ XH � r t;'� $ f i .A C � f }}i$' a� � F i•u '!.' G i��jj 99rr Y �� k a s E t tv 'F t l Agenda Information Memo January 3, 2017 Eagan City Council Meeting PUBLIC HEARINGS A. Project 1229, Waterview Addition Street Improvements Action To Be Considered: Close the public hearing and approve Project 1229 (Waterview Addition - Street Improvements), as presented and authorize the preparation of detailed plans and specifications. Facts: ➢ On June 7, 2016, the City Council directed staff to prepare a feasibility report considering the rehabilitation of streets within the Waterview Addition neighborhood, in southeast Eagan located south of Cliff Road and east of Dodd Road. ➢ A structural mill and overlay of these streets is programmed for 2017 in the City of Eagan's 5 -Year CIP (2017-2021). ➢ On December 6, 2016, the draft Feasibility Report was presented to the City Council and a Public Hearing was scheduled for Tuesday, January 3, 2017. ➢ An informational neighborhood meeting was held on December 27 for the adjacent property owners to discuss the proposed improvements. Of the 19 properties to be assessed under this improvement, no one attended the meeting. Attachments (1) PHA -1 Location Map _ s 1 a.: J. f H a �tS kr':1 . �t Y N x [��4 - c q { } 7- osr:er fry}3 kdrU a s ! o . e / � ' � -tsY � 2'.(' k5� t i1 tfi�A '{•4 1} b� � fF f < ®i 3 F { i73 'ni H3S" "3 t� 3tA-�rT=F i i a W y j f. pe >� ,* t .'tib- 1•�� "�� � - ] r� 2d t` k � -Ft b.. � r i. ��$ 4 4y F1 V `� � � i -i( 4� `S � ✓'i�`Y ti _ �i 7�' � `! 1 ay t �" t a `Ey 17 . .15'21 f ' 1�t rt 667 - ! E_ 663 i fP� ��\ J \ 6 ���43 i ,�'s a 3 tr 639 N 647 6 6 666i r r-. 662 r.,t - 'YYal.e! vie![v.cove� asc 642 {, S 6`50 �-'�{j�%� L—, �' F #j S. ` i� Y g�. � t3 > Baa ' F L a}�'�tyr�, •6! t LN .l' y� Red Pine Lane, }��®� f { �, 4 F 3 �. j, °ALL{}� `� A ' y_ • — J "J , — 4 z t r 1 Jf i iy5 c� 560 , t 1 LEGEND = ! Street Improvement' Y y r sp e M ®M - ■ Assessable Area December 2016 411� Waterview Street Revitalization - Project 1229 City of �a�all Fig. 2 Agenda Information Memo January 3, 2017 Eagan City Council Meeting PUBLIC HEARING B. Project 1231, Lexington Pointe 11th, 12th and 14th Additions Street Improvements Action To Be Considered: Close the public hearing and approve Project 1231 (Lexington Pointe 11tH, 12th and 14th Additions - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Facts: ➢ On June 7, 2016, the City Council directed staff to prepare a feasibility report considering the rehabilitation of streets within the Lexington Pointe 11th 12tH and 14th Additions neighborhood, in southeast Eagan located south of Diffley Road and east of Lexington Avenue. ➢ A structural mill and overlay of these streets is programmed for 2017 in the City of Eagan's 5 -Year CIP (2017-2021). ➢ On December 6, 2016, the draft Feasibility Report was presented to the City Council and a public hearing was scheduled for Tuesday, January 3, 2017. ➢ An informational neighborhood meeting was held on December 27 for the adjacent property owners to discuss the proposed improvements. Of the 55 properties to be assessed under this improvement, 2 residents representing 2 properties attended the meeting. Attachments (2) PHB-1 Location Map PHB-2 Meeting Minutes November 2016 lfl� Lexington Pointe 11th, 12th & 14th City ofEap Street Revitalization - Project 1231 N Fig. 2 Lexington Pointe 11tH, 12t", & 14" Neighborhood Street Revitalization City Project No. 1231 Informational Meeting — 5:30 P.M. Monday, Dec. 27, 2016 Eagan Conference Room Attendance Aaron Nelson, Assistant City Engineer, 2 residents representing 2 single family homes were in attendance (see attached sign -in sheet). Presentation of Project Details Nelson welcomed the residents and presented project information, including details such as construction, costs, schedule and assessments. A short ETV video on the street improvement process was also shown. STREET IMPROVEMENT Questions/ Comments The group was supportive of the street improvements and acknowledged that they need to occur. Only general project -related comments and questions were discussed, as described below. 1. Will the road be open during construction? Will access be maintained to driveways? All roads will be open to traffic during construction. We do not anticipate any road closures during the work; however, some phases will require short-term lane closures and the contractor will use traffic control devices or flagmen to help direct traffic. Access to driveways should be maintained throughout construction. If curb needs to be replaced at a driveway, residents can park in front of their homes while the concrete cures. 2. How much damage to the concrete curb and gutter warrants repairs? It is common for concrete to crack. If the crack is tight and the curb is still functional, the curb will likely remain in place. If the crack is separated, heaved or offset, or large chunks are missing that make the gutter not function properly, then the curb will likely be repaired. 3. If an irrigation system is damaged, how are repairs performed? The city will provide flags for property owners to mark their irrigation systems. If they are properly marked, the contractor will have a good chance to avoid damage to the systems. However, if the system is properly marked and still gets damaged, the city's contractor has historically made the repairs. 4. How long will the construction last? How will it be phased? There are 2 senior graduation parties scheduled for mid-June and would like to avoid construction. The contractor will have flexibility to determine how they phase each area, and construction is anticipated to begin as soon as early May (weather dependent) and needs to be complete by late June or early July. The size and scope of the improvements in this neighborhood will likely result in approximately a 3 to 4 week construction timeframe. The City will mail more detailed construction specific information as construction nears. Staff should have a better idea of the contractor's schedule about a week after the contract is awarded, so recommended calling in early April for more information. If construction does occur during graduation party season, contractors have typically been pretty good about cleaning up the construction area for the weekend and moving their equipment to a location that is out of the way. 5. What work will occur on the trail at the end of Jessica Court? A new pedestrian curb ramp that is ADA compliant will be installed where the trail meets the street, and the remainder of the trail will receive a 1-1/2" overlay. The overlay will stop at the end of the paved trail, and no changes will occur to the foot trail that connects with the Highline Trail. Topsoil is typically spread along the edges of trail overlays to match grade, and any disturbed turf is restored with seed and mulch. The arborvitaes along the west side of the trail are overhanging the trail and will prohibit construction equipment from driving down the trail. Staff will contact that property owner to talk about trimming or removing those trees. 6. How are assessments calculated? With residential properties, the city shares the cost of all work performed between the curbs 50/50 with the adjacent property owners. Any work in the curbs and boulevard is paid 100% by the city. The property owner's portion is split evenly among all lots in the neighborhood. 7. How and when will the final assessment amounts be determined? A letter will be mailed to all properties this fall after construction is complete. The letter will include the final assessment amounts associated with each property. It will also invite property owners to another public hearing that specifically addresses the final costs. At the close of this meeting and with the City Council's corresponding approval of the final assessment costs, there is a 30 day window in which payments can be made without interest. Payment during this 30 -day period should be made at city hall. After the 30 -day period, any remaining portion of the assessment will be forwarded to Dakota County for collection as part of the property taxes. 3.5% to 5% interest is anticipated to be charged annually until paid in full. The 2016 interest rate was 3.5%, and the 2017 rate will be determined in January. The meeting adjourned at 6:15 p.m. Lexington Ponite W",, 12th & 1411, City Project 1231 Neighborhood Assessment Meetint uesday, Dec. 27, 2016, 5:30 p.m. Eagan Room 2 nd Floor NAME CONTACT INFO Z 7. 91 10. Agenda Information Memo January 3, 2017 Eagan City Council Meeting PUBLIC HEARING C. Project 1232, Gardenwood Ponds 1St — 3rd & North Ridge Drive Street Improvements Action To Be Considered: Close the public hearing and approve Project 1232 (Gardenwood Ponds ft - 3rd Additions and North Ridge Drive - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Facts: ➢ On June 7, 2016, the City Council directed staff to prepare a feasibility report considering the rehabilitation of streets within the Gardenwood Ponds 1st _ 3rd Additions / North Ridge Drive neighborhood, in east -central Eagan located south of Wescott Road and east of Lexington Avenue. ➢ A structural mill and overlay of these streets is programmed for 2017 in the City of Eagan's 5 -Year CIP (2017-2021). ➢ On December 6, 2016, the draft Feasibility Report was presented to the City Council and a public hearing was scheduled for Tuesday, January 3, 2017. ➢ An informational neighborhood meeting was held on December 27 for the adjacent property owners to discuss the proposed improvements. Of the 103 properties to be assessed under this improvement, no one attended the meeting. Attachments (1) PHC-1 Location Map 901 i 895 f • 891.E 3801' rr',•n. 897' -r� .;4 f �-"-'�'• '�: ��- �:v i-s'�r'���� '�:; s 890 �/ r Y 9f I7 yla-�r 1n®®®��r�• 3805 _ �{ N 825 w. 829 '-n` sit A`,�[[x :d+{{syy}}�r- a rx ', ...�. 6 }} �a Cou• L 4 ' 893 886 c x3809 ro x atH,Zs '� - (`• � n, '' . i. .'§ � � 3804•�F `7., � inter k x�,` jt��i m,� - *�' s 898. > t ;3821 w„ z;, - v3825 .�: � .x.� a ��3808 '�, s p33) �•t �`e _ � �v,��i!`*: ,Nr. �. v .cz _ "'SSS777 o__- .���. .� ,. . in D �':. ,'_r �` K��s- _ � i13 1 tydi'#��#ii x ■'• 894 r �, - z .vsr!ak 3812 .•" ' B y s � � �Fit}� �� 837 821 -' rr 890 f rf, 3824 Y•'.3820 <: r A+� �825_r b„ i. ; 8416 830 3837 ., �?- � � x'881 i t �r _ t`� � , i� '�fi i [ �• 1 r � : a t¢ �®� � •��877 � !� ,�� f 869 � �, 849 a� 838' 834 , - i� ' + s >, � 3836 � >',�• i�j . � �, ;,g '' x., 853 e °' �' 842 � r -fix s5 #3845 - a • j.�' 865 x - • ,`C%4�;�" '3•,e i� 857 ` 9 ' a 384' 4 3841 i`w�'- ?' 4 8F61 - - �._�.*fix F ®� ® X850 ,r d i e 854 d4'a"-` fin., s y�cs3 3�s'7 t 7 3853 f 3845®•®a° '�' 876',' '-u :.„, y;"'"'tr`�iaa e r ':_"� i •.,�- y �® , c 866 s 38447 � t qs � 2xi �, t g, BaldLake r:. 3656 ¢ X3849 : � r �•.._ 3840 "k ' , - ?: ,' '� � r 1 s '- r it IM 0 11 e ® gym L r 37t r - Ro 7c - s F X895 1" `i•} 3876+ ' 899�;�b 905 r J 9 at sti r! I 1 r 901 h d a887tr �'ti� � , � � � s•� �, .,-, 891 882 8861 x_ i �. v 3892 902' G 1a 890 r 898 894'/_� azp� Northview:Park.Road LEGEND� A, �yc�✓ :, ' V Street Improvement '": - . ■ Assessable Area Gardenwood Ponds 1 st - 3rd Additions December 2016 Street Revitalization - Project #1232 iv City of EaRa Final Assessments Fig. 2 Agenda Information Memo January 3, 2017 Eagan City Council Meeting PUBLIC HEARING D. Project 1233, South Hills 1St Street Improvements Action To Be Considered: Close the public hearing and approve Project 1233 (South Hills 1St Addition - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Facts: ➢ On June 7, 2016, the City Council directed staff to prepare a feasibility report considering the rehabilitation of the streets within the South Hills 1St Addition neighborhood, in east -central Eagan located north of Wescott Road and west of Elrene Road. ➢ A structural mill and overlay of these streets is programmed for 2017 in the City of Eagan's 5 -Year CIP (2017-2021). ➢ On December 6, 2016, the draft Feasibility Report was presented to the City Council and a public hearing was scheduled for Tuesday, January 3, 2017. ➢ An informational neighborhood meeting was held on December 27 for the adjacent property owners to discuss the proposed improvements. Of the 37 properties to be assessed under this improvement, no one attended the meeting. Attachments (1) PHD-1 Location Map Wescott Road ■ Assessable Area South Hills 1st Addition December 2016 Street Revitalization - Project No. 1233 N City of Evan Final Assessments Fig 2 ri 1 3719 3717 -, d°t 3721 X3715 '# `3725 3723: l $OUth '3727 Hills- C 1 � V®U�� t Q f Lan t" 37Hills 13 ` Way. 3711 a h ` � 3709 f •3729 '�` a 3731 �i 3707pR , 37 5 1 3733 S ®fit , h Hills Ori e 3735 " 3710 3706 3 0 t 3755 �t 1 3760 3763 := 3771 x s 3770 3774-` 3778 i 3789_ v, 3785 ` $OUtii `3780 Hills %$OUtil Hills COUY"� 4 t, x3 ,� f - ,VCircle �r f 3794 3788 5 3782 . 3786 3793 3784Y' 3797 LEGEND Street Improvement f, Wescott Road ■ Assessable Area South Hills 1st Addition December 2016 Street Revitalization - Project No. 1233 N City of Evan Final Assessments Fig 2 Agenda Information Memo January 3, 2017 Eagan City Council Meeting PUBLIC HEARING E. Project 1234, Gopher Eagan Industrial Park (Kutoff Court) Street Improvements Action To Be Considered: Close the public hearing and approve Project 1234 (Gopher Eagan Industrial Park (Kutoff Court) - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Facts: ➢ On June 7, 2016, the City Council directed staff to prepare a feasibility report considering the rehabilitation of Gopher Eagan Industrial Park, Kutoff Court, a commercial / industrial street in northeast Eagan Located north of Yankee Doodle Road and east of Highway 149. ➢ A structural mill and overlay of this street is programmed for 2017 in the City of Eagan's 5 -Year CIP (2017-2021). ➢ On December 6, 2016, the draft Feasibility Report was presented to the City Council and a public hearing was scheduled for Tuesday, January 3, 2017. ➢ An informational meeting was held on December 27 for the adjacent property owners to discuss the proposed improvements. Of the 3 properties to be assessed under this improvement, no one attended the meeting. Attachments (1) PHE-1 Location Map ,F ®wo i . 00000000 i00 x , 3350 00 t, ® ' V _ J 9 -- Gopher Eagan Industrial Park (Kutoff Court) July 2016 q1r Street Revitalization - Project No. 1234 N City of Eap Final Assessments Fig. 2 Agenda Information Memo January 3, 2017, Eagan City Council Meeting NEW BUSINESS A. Comprehensive Guide Plan Amendment (Eagan Yankee Doodle Self Storage) — Jeff Johnson Action To Be Considered: To direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from BP (Business Park) to IND (Limited Industrial) upon approximately 2.2 acres located east of Dodd Road and south of Yankee Doodle Road. Required Vote For Approval: ➢ Comprehensive Guide Plan Amendments —At least four votes Facts: ➢ The Applicant is requesting a change in the land use designation from BP (Business Park) to IND (Limited Industrial), for the western 2.2 acres of a 10 acre parcel. ➢ The property is currently zoned BP (Business Park), unplatted and undeveloped. ➢ The property was cleared and graded in anticipation for future development save for a stand of trees and a wetland centrally located on the 10 acre parcel. ➢ The Concept Plan identifies a total of 200 storage units spread among seven buildings with a total of 25,000 sq. ft. of building space. ➢ The Advisory Planning Commission held a public hearing on the request at the December 27, 2016, meeting and did recommend approval. Issues: None 60 -Day Agency Action Deadline: N/A Attachments: (4) NBA -1 Location Map NBA -2 Draft December 27, 2016 APC Minutes NBA -3 Planning Report NBA -4 Exhibits 9Al 0 tm � 12 a 0 4-1 cn E cn E mQa 0 0 :2 V- E o E V - m Z 4- 0 oz (D LL 0 0 tl_D CV 0 am (DC) 0 0 2 2 C, (D LL 0 0 CV 0 C Im m (DC) 0 0 2 2 C, AOR r LO Advisory Planning Commission December 27, 2016 Page 4 of 6 B. Eagan Yankee Doodle Self Storage Applicant Name: Jeff Johnson, Eagan Yankee Doodle Self Storage Location: S 1/4 OF SE 1/4 OF SE 1/4 SUBJ TO PARCEL 6 DAKOTA CO R/W MAP 272 Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from BP, Business Park to IND, Limited Industrial. File Number: 12 -CG -03-11-16 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated December 20, 2016. Member Vanderpoel asked for clarification between the Business Park and Limited Industrial zoning districts. Ms. Thomas and City Planner Ridley provided a summary. Jeff Johnson, applicant, provided background on his request and presented an illustration of the surrounding uses and why his proposed use would provide an excellent transition between the uses in the area. Chair Filipi opened the public hearing. David Jansen, 7985 Argenta Trail, Inver Grove Heights, stated his concern regarding a precedent being set with the Guide Plan Amendment from BP to IND. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Vanderpoel asked if the City would be losing the potential for a higher value use of the property with this change. Mr. Ridley opined that due to the linear configuration and lack of depth of the site, it was unlikely to attract and/or accommodate a high-end use. He further explained that many of the same uses are allowed in both the BP and 1-1 zoning districts. Member Filipi asked how the subject site and the one north of Yankee Doodle were created as both parcels are linear with a shallow depth. City Engineer Gorder explained the parcels are remnants from when Dakota County acquired right-of-way for the extension of Yankee Doodle Road a number of years ago. Member Vanderpoel stated her support for the proposal and Member Weimert shared his belief that a precedent has already been set in the area as assorted industrial development and outdoor storage exist in immediate proximity to the subject site. Advisory Planning Commission December 27, 2016 Page 5 of 6 Member Vanderpoel moved, Member Weimert seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from BP, Business Park to IND, Limited Industrial, for a storage facility upon approximately 2 acres located east of Dodd Road and south of Yankee Doodle Road. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: December 20, 2016 APPLICANT: Eagan Yankee Doodle Self Storage PROPERTY OWNER: Danner Family Limited Partnership REQUEST: Comprehensive Plan Amendment CASE: 12 -CG -03-11-16 HEARING DATE: December 27, 2016 APPLICATION DATE: Nov. 16, 2016 PREPARED BY: Sarah Thomas LOCATION: East of Dodd Rd, South of Yankee Doodle Road COMPREHENSIVE PLAN: BP, Business Park ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Guide Plan Amendment to change the land use designation from BP, Business Park to IND, Limited Industrial, for a self -storage facility upon approximately 2 acres located east of Dodd Road and south of Yankee Doodle Road. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. BACKGROUND/HISTORY The 2.2 acres is part of a 10 -acre property which is unplatted and undeveloped. Planning Report — Yankee Doodle Self Storage December 27, 2016 Page 2 EXISTING CONDITIONS The site is generally open with a group of mature trees west of the pond centrally located on the property. The majority of the site was previously graded in anticipation of future development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Comprehensive Guide Plan Amendment: The applicant is proposing a change in the land use designation of this 2.2 -acre site from BP, Business Park to IND, Limited Industrial. IND, Limited Industrial, is a general land use category which provides areas for a variety of industrial uses. Manufacturing, warehousing and distribution are examples of uses allowed in this category. The Comprehensive Guide Plan specifies which zoning districts are considered consistent and compatible with each land use designation. PROPOSAL The applicant is proposing a 200 unit self -storage facility totaling approximately 24,750 SF upon 2.2 acres on the west side of the 10 -acre property. The remaining 7.8 acres are not part of the proposed amendment or concept plan. The submitted narrative and Concept Plan identify the intent to start construction in 2017 with Phase One construction to be completed in 2017 as well. The Concept Plan calls for the building to occupy the majority of the site with parking fronting Yankee Doodle Road. A stand of trees along the east perimeter of the 2.2 acres site is to be preserved. Existing Use Zoning Land Use Designation North Yankee Doodle Road, vacant 10 -acre parcel PD, Planned Development BP, Business Park West Distribution center 1-1, Limited Industrial IND, Limited Industrial South UPS PD, Planned Development IND, Limited Industrial East Single -Family home, City of Inver Grove Heights A, Agricultural LMDR, Low -Medium Density Residential EVALUATION OF REQUEST Comprehensive Guide Plan Amendment: The applicant is proposing a change in the land use designation of this 2.2 -acre site from BP, Business Park to IND, Limited Industrial. IND, Limited Industrial, is a general land use category which provides areas for a variety of industrial uses. Manufacturing, warehousing and distribution are examples of uses allowed in this category. The Comprehensive Guide Plan specifies which zoning districts are considered consistent and compatible with each land use designation. PROPOSAL The applicant is proposing a 200 unit self -storage facility totaling approximately 24,750 SF upon 2.2 acres on the west side of the 10 -acre property. The remaining 7.8 acres are not part of the proposed amendment or concept plan. The submitted narrative and Concept Plan identify the intent to start construction in 2017 with Phase One construction to be completed in 2017 as well. The Concept Plan calls for the building to occupy the majority of the site with parking fronting Yankee Doodle Road. A stand of trees along the east perimeter of the 2.2 acres site is to be preserved. Planning Report — Yankee Doodle Self Storage December 27, 2016 Page 3 ENVIRONMENTAL IMPACTS Topography, — The site drains to the middle of the property, with elevations ranging from 896 to 839. Only the western portion of the site would be disturbed with the proposed development. Wetlands — A small portion of City Pond AP -51, classified as natural wetlands, is located on this parcel. Because the development will not result in any wetland alteration activities, the City's Wetland Protection and Management Regulations (City Code § 11.67) do not apply. Tree Preservation — The City's Tree Preservation Ordinance sets the allowable removal for this type of development at 30%. A detailed tree inventory and replacement plan will be required at the time of development. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The site is located within Airport Noise Policy Zone 4 one -mile Buffer. Sec. 11.64, Aircraft Noise Zone Overlay District, applies to new construction within this area. Within the Buffer of Zone 4, commercial/industrial uses are considered compatible. Summary — Environmental Impacts There are no apparent environmental impacts that cannot be addressed with existing City Ordinances. The wetland ordinance does not apply to this site. While the site is within the Buffer of Zone 4 of the Airport Noise Policy Zones, the proposed use is compatible. The City's Tree Preservation Ordinance will be applied. INFRASTRUCTURE IMPACTS Storm Drainage — The entire site lies within Drainage District G (as designated in the City Storm Water Management Plan — 2007). The site drains to a landlocked basin the middle of the property. Any drainage that leaves the site enters the storm sewer system and drains to the north to city pond GP -t.2, Bur Oaks Pond. The development of this property will be subject to the codified post -construction storm water requirements for storm water volume, rate, and pollutant control. Utilities — Lateral water main and lateral sanitary sewer of sufficient size, depth, and capacity is available for connection and extension with development of the property. Sanitary sewer Districts N, as designated in the City's Comprehensive Sanitary Sewer Plan, serves the entire site. Sewer is available at the southwest corner, and water main is available at the northwest and southwest corners of the site. Planning Report — Yankee Doodle Self Storage December 27, 2016 Paae 4 Water Qgajity — Any development will need to comply with 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. These regulations include: design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control — performance standards. They also provide for: minimization of impervious surface area and maximization of infiltration and retention; acceptable complementary stormwater treatments; pond requirements; regional ponding; and maintenance of private stormwater facilities. Streets/Access/Transportation — The primary access for the proposed development would be to Yankee Doodle Road (CSAR 28), a two lane divided roadway with shoulders, a bituminous trail in both boulevards, and left and right turn lanes at intersections. Dakota County's access spacing guidelines, and the presence of an existing median, limit access to this property to right-in/right- out only. Easements/Permits/Rights-of-Wax — Yankee Doodle Road currently has 150' of right-of-way. The Dakota County transportation plan does not indicate any additional right-of-way needs for this section of roadway. Any development of this property would be required to dedicate standard drainage and utility easements around the perimeter of the property, along public right- of-ways, and over public utilities and public ponding areas. Financial Obligation — At this time, there are no pending assessments on the parcel. Summary — Infrastructure Impacts Public street access is available from Yankee Doodle Road. Sanitary sewer and water main service are available to serve development of the site. Any development of this site would be subject to City ordinances related to storm water volume and rate control, as well as pollutant control and water quality management. COMPREHENSIVE LAND USE IMPACTS Land Use Designations — IND, Limited Industrial, is a general land use category which provides areas for a variety of industrial uses. Manufacturing, warehousing and good movement/distribution are examples of uses allowed in this category. The Comprehensive Guide Plan specifies which zoning districts are considered consistent and compatible with each land use designation. The current Business Park designation is consistent with the 10 -acre property to the north, across Yankee Doodle Road to the north, and provides a transition to the existing single-family development to the north of that site. There is also Business Park guided property at the SE quadrant of Yankee Doodle Road and Dodd Road, roughly 500 feet west of this property. The majority of the parcels in the area are guided Limited Industrial. Planning Report — Yankee Doodle Self Storage December 27, 2016 Page 5 Compatibility — The compatibility varies with the type and size of proposed development; however, in general, IND uses are compatible with the surrounding area as noted above. As noted in the Eagan 2030 Comprehensive Plan, due to the high intensity of industrial uses, buffering and other mitigation techniques may be required to make them compatible with lower intensities, particularly residential uses. With adequate buffering and attractive architectural treatment, light industrial uses with low levels of truck traffic can be compatible in close proximity to some residential uses. Access Needs — Industrial uses can generate substantial amount of truck traffic and should be located along arterial and busy collector roads. As previously stated, the only available public access for development is directly to Yankee Doodle Road, a minor arterial. While the concept plan identifies a less intense development in relation to truck traffic, the future development on the remaining 8 acres is unknown. Physical Suitability — The Comprehensive Plan states that industrial uses generally occur within large footprint buildings and associated parking/storage lots that require large sites with few development constraints (e.g. steep slopes, wetland, woodlands). Summary — Comprehensive Land Use Impacts This request appears generally compatible with the area and Comprehensive Plan objectives; however, City Policymakers should determine if removal of the Business Park (professional offices, research and development facilities) land use designation on this parcel is in the best interest of the community. PARKS AND RECREATION SYSTEM Park Dedication — Land dedications to satisfy the dedication requirements are generally requested when there is the opportunity to expand an existing parks space, create a park in an area identified as underserved or to protect a unique natural resource. The subject parcel is located within Park Service Area 13. Due to the predominance of commercial/industrial development in this location and the proximity to the Highway 149 corridor, this portion of the Service Area does not contain a developed park feature; however, the parcel does reside within the service area of one existing neighborhood parks, Wescott Station Park. Wescott Station Park is located on the south side of Yankee Doodle Road. Thresher Park and Bur Oaks Park are also located within close proximity, although Yankee Doodle and Highway 149 could create a barrier due to the high volume of traffic. Trail Dedication — Typically, development of the site would be responsible for a trails dedication. As per past practice and policy, the dedication could be met with a cash payment and/or credit given for the development of trails internal to the site that have public benefit. Planning Report — Yankee Doodle Self Storage December 27, 2016 Page 6 There is a bituminous trail on both the north and south side of Yankee Doodle Road that connects to the City Wide Trail system. A controlled pedestrian crossing at Highway 149 is located approximately 2 blocks to the west of the site. Summary — Parks and Recreation The subject area is served by an existing neighborhood park, Wescott Station Park. Bituminous trails exist along the north and south side of Yankee Doodle Road. SUMMARY OF FINDINGS In evaluating this proposal, the following items should be considered: General Considerations • The applicant is requesting a change in land use designation to IND, Limited Industrial, for 2.2 acres of property located east of Dodd Road and South of Yankee Doodle Road. • The submitted Concept Plan illustrates multiple buildings totaling approximately 24,750 SF to house —200 unit self -storage facility upon the western 2.2 acres. Environmental Impacts • The site was previously graded, in anticipation of future development. • The site is generally open with a group of mature trees, west of the pond, which is centrally located on the property. • The development is subject to the Tree Preservation Ordinance. • A natural wetland is located on the site but per the submitted Concept Plan will not be impacted by development. • The site is located within Airport Noise Policy Zone 4 one -mile Buffer; however, commercial/industrial uses are considered compatible. Infrastructure Impacts • Public street access is to Yankee Doodle Road. • Any development of this site would be subject to City ordinances related to storm water volume and rate control, as well as pollutant control and water quality management. • Sanitary sewer and water main service are available to serve development of the site. Planning Report — Yankee Doodle Self Storage December 27, 2016 Page 7 Comprehensive Land Use Impacts • IND, Limited Industrial is a general land use category which provides areas for a variety of industrial uses such as warehousing and good movement/distribution. • The submitted concept plan and narrative propose a self -storage facility upon 2.2 acres on of the west side of the 10 acre site. • The proposal appears generally compatible to the surrounding developed properties although the property to the north across Yankee Doodle Road is also guided BP, Business Park. Parks and Recreation System • Due to the predominance of industrial/commercial development in this location a developed park feature is not nearby. • The nearest developed neighborhood park, Wescott Station Park, is within the service area. • A bituminous trail exists along the north and south side of Yankee Doodle Road., SUMMARY/CONCLUSION The applicant is requesting approval of a Comprehensive Guide Plan Amendment from BP, Business Park to IND, Limited Industrial, to allow a self -storage facility upon the western 2.2 acres of the 10 acre site. The use appears compatible with existing uses in the surrounding area; however, eliminating the Business Park designation further reduces the possibility for office construction which may be of a concern to City Policymakers. 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UJ ry d Eagan Yankee Doodle Self -Storage Comprehensive Guide Plan Amendment Narrative The applicant proposes to develop a self -storage facility business. The self. -storage facility will have up to 200 storage units and 10 parking spots for customers and employees. There will be no outside storage. The self -storage facility will be of high quality with concrete roads, natural brick siding referred to as a Modular or Utility brick with approximate dimensions of 15" x 3.5" x 3.5", and steel door exteriors. The roof will be metal pitched and flat. The primary material supplier will be Trachte Building Systems from Sun Prairie Wisconsin. The self -storage facility will have a small office for rental and other customer services. The site will be secure with fence and buildings providing controlled entry, a security gate and security cameras. Construction is planned to start in 2017 and will be completed in one phase in 2017. The surrounding uses are as follows: North: Yankee Doodle Road and vacant land planned Business Park Northwest: Office warehouse with outdoor storage West: Light Industrial office warehouse South: Storm water pond and light industrial with outdoor storage East: Stand of permanent old growth pines and 50 foot storm water easement and vacant land planned Business Park Attached is a proposed preliminary site plan and elevations. The elevations show various alternatives for the Yankee Doodle Road exposure and side elevations and the rental office. The long elevation along Yankee Doodle Road is proposed to be broken up with false brick doors and glass block windows every 20-40 feet. The site plan proposes that storm water be retained near and in the easement area on the east. Additionally storm water will be retained in a landscaped raingarden on Yankee Doodle. DATE: 12/20/16 RE: Eagan Yankee Doodle Self Storage/Jeff Johnson File Number 12 -CG -03-11-16 TO: The Planning Division and Commission of the City of Eagan 3830 Pilot Knob Road, Eagan, MN 55122 FROM: David E Jansen 7985 Argenta Trail, Inver Grove Heights, MN 55077 Sarah Thomas and members of the Planning Commission: I am writing today to oppose the request to modify the city's Comprehensive Plan referenced in File 12 - CG -03-11-16. The comprehensive plan exists for a reason. It gives the blueprint for the future for the city. It allows homeowners, land owners and developers the ability to invest time, money and effort into their land. It allows the various government agencies such as the met council the ability to plan for roads, parks and amenities like the Mendota to Lebanon Hills greenway which will run through the property in question. The plan communicates to the residents what will be allowed in their neighborhood, it gives developers a guideline of what is acceptable in the area they wish to build, and gives guidance to'city employees regarding zoning decisions. These plan was not randomly created, it was the work of consultants, county and city employees and residents. The very fact that so many people rely on the plan, from government agencies to developers and land owners, it is imperative any change not be taken lightly. I oppose the change to the comprehensive plan for the following reasons: Changing the entire plot of land to industrial will set a precedent for the other undeveloped land in the area. A precedent that will change the very nature of the area. a. Examples are the lots just to the North and to the South. The additional uses brought about by the change to industrial/commercial are not compatible for the overall nature and design of the surrounding neighborhoods and land. a. Business Park or Public institutional land uses are generally not 24/7 operations and do not have the same traffic patterns. b. There are no other retail type businesses in this area. c. It appears this uniqueness of the area was already recognized by the City of Eagan when it classified the undeveloped land directly to the north as Planned Development. As stated in the Eagan Code: "primary function of this planned development section is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum intensity or density allowed. In evaluating each individual proposal," Surely the land in question, separated by the width of Yankee deserves the same consideration. Why would it be ok to develop this land as industrial without regard to the neighborhood but the land adjacent is controlled to prevent destruction of the unique land, trees and geography of the area. 3. The developer is under no obligation to actually build the storage facility once land is rezoned. Even if the storage facility is built it still leave a large amount of land zoned as industrial. This just leaves the neighborhood open to future inappropriate development requests. When I purchased my home six years ago I carefully studied the open land around me. I called the city/county and asked questions, I studied the comprehensive plan and other materials from the county. I felt comfortable with those plans and studies, I felt that this neighborhood that I am moving to would continue to be develop, adding additional homes and neighbors and perhaps a couple of churches and a business park with an occasional semi delivery during business hours. I did not see a future with a 60 - foot -high factory next to my land or semi -trucks littering the field next to me. I could not foresee a 6 - foot -high opaque fence running through the back of my land blocking the wildlife and masking my views of the nature I moved to this neighbor to enjoy. I bought my home and have made significant improvements to my home assuming that the zoning would stay the same. I assumed that the future owners of my house would have the same quality of life I currently enjoy and that my investments would not be lost due to undesirable. changes. This zone change request I am opposed to is not a case of "not in my backyard", it is a case of spot zoning - modifying the plan to accommodate "investors" who's only goal is to turn a profit by requesting a wholesale change to my neighborhood. People tend to lose sight of the fact that the Argenta Trail area which lies to the east and south of this lot is a neighborhood. We have larger lots and may not see our neighbors everyday but we are here. We proved that point twice in recent years when we were before the Inver Grove commission and council in opposition to changes to the zoning of the undeveloped land surrounding us. All of us take great pride in our land, our homes and our community. We cherish our quality of life and lifestyles. We aren't opposed to development but we are opposed to improper requests or changes that don't fit our neighborhood. I know I speak for my neighbors, that they fear these zoning changes will have an impact their quality of life. Changing the plan means that our investment in this community is in danger. Instead of investing in our properties we will be forced for years to have to legally defend it, spending time petitioning for environmental reviews, sitting in council meetings and expending energy and money to fight against every inappropriate change to our neighborhood. I ask the city to not pull the rug out from under the home and land owners around the undeveloped properties on Argenta Trail and the Eagan developments to the North. Adding commercial and industrial businesses in an area surrounded by residentially zoned lots makes no sense. I ask you to consider how any changes will affect the entire area not just to Eagan. Thankyou David E Jansen F-111401 01117-11 CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER January 3, 2017 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. AUTHORIZE and APPROVE the Second Amendment to Sale and Purchase Agreement for Outlot A, Paragon Addition in the Cedar Grove Redevelopment District 3. AUTHORIZE and APPROVE the Second Amendment to Repurchase Agreement for Lot 1, Block 1, Cedar Grove Parkway 4th Addition D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS R 01 Agenda Information Memo January 3, 2017 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. hWeL1>AWT 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. "W-11:2:2 T61W1►TiIIII Le111*1 EDAC1-1 Minutes of the December 6, 2016 EDA meeting 2. AUTHORIZE and APPROVE the Second Amendment to Sale and Purchase Agreement for Outlot A, Paragon Addition in the Cedar Grove Redevelopment District. ➢ On October 6, 2015, the EDA held a public hearing and entered into a Sale and Purchase Agreement with Affinity at Eagan, LLC for Outlot A, Paragon Addition. ➢ The First Amendment to the Sale and Purchase Agreement was approved on June 9, 2016. ➢ The Sale and Purchase Agreement requires the City to mitigate hazardous substances on the site. ➢ The Second Amendment to the Sale and Purchase Agreement defines the process by which the City will reimburse the Purchaser for expenses related to installation of a vapor barrier and removal and disposal of hazardous substances encountered during excavation. ➢ The Purchaser has indicated that it intends to close on the property in the first quarter of 2017 in preparation for spring construction. ATTACHMENTS: EDAC2-1 Location Map EDAC2-2 Second Amendment to Sale and Purchase Agreement between the EDA and Affinity at Eagan, LLC 3. AUTHORIZE and APPROVE the Second Amendment to Repurchase Agreement for Lot 1, Block 1, Cedar Grove Parkway 4th Addition. ➢ On August 16, 2016, the EDA held a public hearing and approved a Purchase Agreement with JR Hospitality II, LLC for. Lot 1, Block 1, Cedar Grove Parkway 4th Addition. ➢ Prior to closing, the Purchase Agreement was assigned to Onion City Lodging, LLC. ➢ The EDA approved the First Amendment to the Repurchase Agreement on December 6, 2016 which extended the deadline for the installation of footings and foundations for a hotel to January 15, 2017. ➢ Since the approval of the First Amendment, the Purchaser has discovered soil conditions which cannot be addressed in a cost-effective manner during winter construction conditions. ➢ The Purchaser has requested an extension of the deadline for the installation of footings and foundation until June 15, 2017. ➢ The Purchaser has secured franchise approval and a building permit and appears to be fully committed to moving forward with the hotel construction in Spring 2017. ATTACHMENTS: EDAC3-1 Location Map EDAC3-2 Second Amendment to the Repurchase Agreement between the EDA and Onion City Lodging, LLC D. OLD BUSINESS There are no Old Business items at this time. E. NEW BUSINESS There are no New Business items at this time. F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota December 6, 2016 A meeting of the Eagan Economic Development Authority was held on Tuesday, December 6, 2016 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director O.sberg, City Attorney Bauer, and Community Development Director Hutmacher. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of November 15, 2016, 2. It was recommended to authorize and approve the First Amendment to Repurchase Agreement for Lot 1, Block 1, Cedar Grove Parkway 4t" Addition. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director Off <Z a u. o 0 r - CV C O U N �p -Zy N � O N N C O y O cu �aa � This Second Amendment to Sale and Purchase Agreement is made and entered into this day of December 2016 by and between Eagan Economic Development Authority, a public body corporate and politic and a political subdivision in the state of Minnesota (hereinafter the "Seller") and Affinity at Eagan, LLC, a Washington limited liability company (hereinafter the "Buyer"). (Buyer and Seller are hereinafter collectively referred to as the "Panics.") WHEREAS, the Parties entered into a Sale and Purchase Agreement dated October 6, 2015, which was amended on June 9, 2016 (collectively the "Agreement"); and WHEREAS, as part of environmental remediation of the Property, Seller's environmental consultant has recommended that a vapor barrier be installed as part of Buyer's proposed construction of a senior housing development on the Property; and WHEREAS, the Parties are desirous of amending the Agreement to include, among other things, a provision for Seller's reimbursement to the Buyer for the actual cost incurred in installing the vapor barrier as well as any reimbursement to Buyer for the removal of any Hazardous Substances it may encounter during construction. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: L ADDITION OF SECTION 29: VAPOR BARRIER REIMBURSEMENT/HAZARDOUS SU13STANCE REIMBURSEMENT. The Agreement is hereby amended to include the following Section 29: CD tal-MR-WintaZU19 himmay (a) Vetpor Barrier Reimbursement. The Seller agrees to reimburse Buyer for all costs incurred by Buyer in preparing a vapor mitigation design and the installation of an underslab vapor barrier for the entire building foot print of the senior housing development. Buyer shall provide the Seller with detailed invoices documenting payment of all costs incurred by Buyer for the vapor mitigation design and installation. Seller shall provide payment to the Buyer within thirty (30) days after receipt of the invoices. (b) Hazardous Substance Reimbursement. During the construction of Buyer's senior housing development on the Property, Buyer must excavate and remove excess rill from the Property. If during the course of the excavation, Buyer encounters a Hazardous Substance (as defined by Section 10(l)), Buyer may incur additional costs to dispose of the Hazardous substance above and beyond the normal cost for removing the excess rill. Seller agrees to reimburse the Buyer for any costs associated with the removal of any Hazardous Substance from the Property. Buyer shall provide the Seller with detailed invoices documenting payment of all costs incurred by Buyer for the removal of any Hazardous Substance from the Property. Seller shall provide payment to the Buyer within thirty (30) days after receipt of the invoices. (c) Dispute Resolution. In the event Seller disputes the validity of any invoice submitted by Buyer, the Buyer shall provide such reasonable documentation as requested by the Seller to confirm the validity of the charges. If the matter cannot be resolved, the Parties shall submit the dispute to mediation, the Parties sharing equally in the cost thereof. If the Parties cannot agree on a mediator, one shall be appointed by the District Court. If the dispute is not resolved through mediation, the venue for any dispute shall be the district court of Dakota County, Minnesota. This obligation shall survive the Closing. The Seller and Buyer shall executed this Agreement as of the date set forth above, Eagan Economic Development Authority, a public body corporate and politic and a political subdivision in the state of Minnesota By: Mike Maguire Its: President By: David M. Osberg Its: Executive Director Affinity at Eagan, a Washington limited liability company By: Its: 2 a C O V o al U J U N � J a� �yor-J• = • U U a Y m i O O S >ai m a U O J .mQ.. C. op0 ® �E� ■ s_ i 'a E A-0 O 0 O w � OQQ o ® EcT C� Z >N L O j Z m�aa) O 0 a. w U a C O o al U CC U N � aeo a� �yor-J• = • \F z N �O 0 r� CV C O U N � N N = U U a Y m i O O S of° 0- m a U op0 �A Lo 0 SECOND AMENDMENT TO REPURCHASE AGREEMENT THIS SECOND AMENDMENT TO REPURCHASE AGREEMENT ("Amendment") is made and entered into this , 2016 by and between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "EDA") and Onion City Lodging LLC, a Minnesota limited liability company, and its assigns (the "Developer"), The Seller and the Buyer are referred to herein collectively as the "Parties." WHEREAS, the Parties entered into a Repurchase Agreement dated October 31, 2016, which was amended on December 6, 2016 (collectively the "Repurchase Agreement") concerning the parcel of land situated in Dakota County and legally described as Lot 1, Block 1, Cedar Grove Parkway 4th Addition (the "Property"); and WHEREAS, Developer has requested that the EDA amend the Repurchase Agreement to extend the time upon which the EDA will purchase the Property from the Developer; and WHEREAS, the EDA is willing to amend the Repurchase Agreement all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. AMENDMENT OF SECTION 1 OF THE REPURCHASE AGREEMENT. Section 1 of the Repurchase Agreement is hereby amended to read as follows: Section 1. REPURCHASE: If Developer has not completed the installation of footings and foundations by June 1, 2017, (the "Construction Commencement Deadline"), then the EDA shall have the option of repurchasing the Property for a purchase price of Nine Hundred Eighty-one Thousand Three and No/100 Dollars ($981,003.00) less $49,170.60 (commission paid by EDA) less the amount of any liens on the Property resulting from action by the Developer unless the Construction Commencement Deadline is extended by mutual agreement of the parties. "Commenced Construction" shall mean the complete installation of footings and foundation for the construction of a hotel. The EDA may exercise this option to repurchase by giving written notice to Developer within thirty (30) days after the Construction Commencement Deadline. Upon receiving the repurchase price in cash from the EDA (which amount must be paid within thirty (30) days after the notice of option exercise is given), Developer shall convey to the EDA by limited warranty deed the Property free and clear of any liens and encumbrances placed or suffered thereon by Developer, which liens and encumbrances shall be paid off by Developer on or before closing. 2. Except as modified above, all other terms of the Repurchase Agreement remain in full force and effect. Seller and Buyer have executed this Amendment as of the date set forth above. SELLER: Eagan Economic Development Authority By: Mike Maguire Its: President By: David M. Osberg Its: Executive Director STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this —day of , 2016, by Mike Maguire and David M. Osberg, the President and Executive Director of the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota, on behalf of the political subdivision. Notary Public 0) BUYER: Onion City Lodging, LLC, a Minnesota limited liability company Its: tiMC,✓�G STATE OF �- ) )ss. COUNTY OF qw-. The ore$oing instrument was acknowledged before me this Z-1 V day of 6d2t - 2016, by Cti.\U �c� ' e\ , the maAkwfc of Onion City Lodging LLC, a Minnesota limited liability company, on behalf of the limited liability company. —j.L-&0 hpNlaCa� JOHN HALL Notary Public i � Commission Number 79:1316 My Commission Expires �OYdP &eptember21,2019 3