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11/08/2001 - City Council Regular i 7 r"V ,j AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING November 8, 2001 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS a IV. EAGAN ECONOMIC DEVELOPMENT AUTHORITY V. CONSENT AGENDA /y A. APPROVE MINUTES ~B C. . PERSONNEL ITEMS i03,1 APPROVE On-Sale Liquor License Application for Bonfire Restaurant 3' D. APPROVE 2002 Trash Hauler Licenses E. APPROVE 2002 Commercial Fertilizer License Renewals F. APPROVE 2002 Tobacco License Renewals G. APPROVE 2002 Tree Contractor License Renewals H. APPROVE Application for Lawful Gambling Exempt Permit - Faithful Shepherd Catholic r.f 00 School 7l 1. APPROVE Revised Contract 98-15 (Energy Alteratives) and Change Order to Contract 98-15 P (Ziegler Power Systems) - Eagan Campus Back-up/Peak Shaving Generator. LJ~J. APPROVE a Joint Powers Agreement that would allow the City of Eagan to continue its P//^^ participation in the Dakota County Drug Task Force. d'S3K. RECEIVE Feasibility Report for Project 759R and Schedule Public Hearing (Beau D'Rue - Street Improvements) L. RECEIVE Feasibility Report for Project 794 and Schedule Public Hearing (River Hills 9`h - Street Improvements) tlS.TM. RECEIVE Feasibility Report for Project 855 and Schedule Public Hearing (Oak Chase 6`h, Ches r Mar East) - Street Improvements. 616N. RECEIVE Feasibility Report for Project 849 and Schedule Public Hearing (Deerwood Place - Storm Mitigation Improvements) 0. RECEIVE Feasibility Report for Project 801 and Schedule Public Hearing (Silver Bell Road - Street Improvements) OP. RECEIVE Bids and Award Contract for Contract 01-09A (Lift Station Upgrades - Storm Mitigation Improvements) P60Q. APPROVE Change Order No. 2 to Contract 01-04 (Central Parkway and Central Park - Grading, Street and Utility Improvements) nI 6AR. APPROVE Final Payment and Authorize City Maintenance for Contract 00-05 (2000 City-Wide Ir Trail) b3 S. ACKNOWLEDGE Completion and Authorize City Maintenance for Contract 99-Z (Oakpointe of Eagan Two) b~T. APPROVE Easement Agreement for Project 771, USPS (Lexington Avenue Upgrade - Street & Utility Improvements) U. APPROVE Final Subdivision (Effress Second Addition) and vacation of public drainage and utility easements and public right of way (Marice Drive) - Glen Ponds II, LLC V. APPROVE Final Subdivision (Finch Place) - Basic Builders, Inc. n W. APPROVE Final Subdivision (Eagandale Center Industrial Park No. 17) and vacation of public drainage and utility easements - 789 Company p~3 X. ACKNOWLEDGE Completion and Authorize City Maintenance Contract 98J (Pinetree Pass / Addition - Streets and Utilities) ACKNOWLEDGE Completion and Authorize City Maintenance - Contract 98N (Pinetree Pass F?yv. 2°d Addition - Streets and Utilities) Z. ACKNOWLEDGE Completion and Authorize City Maintenance - Contract 980 (Pinetree Pass r PJ74AA. 3`d Addition - Streets and Utilities) ACKNOWLEDGE Completion and Authorize City Maintenance - Contract 99F (Pinetree Pass 4te Addition - Streets and Utilities) BB. ACKNOWLEDGE Completion and Authorize City Maintenance - Contract 98-PP (Oakbrooke - Streets and Utilities) 4VCC. APPROVE Resolution calling for Public Hearing on the proposed establishment of TIF District 2-4 P 4[O DD. APPROVE 2002 Part II CIP Budget Q,A EE. APPROVE Proclamation for Manufacturers Week pFF. APPROVE Adjustment to Contract Bid and Contract Award for Community Center construction services, and approve separation of Community Center and Bandshell contracts Pgy/ GG. APPROVE Appointment of law firms for general legal, prosecution, and labor services HH. APPROVE Authority of partial delegation of local government unit decisions for the Wetland Conservation Act tl ' II. APPROVE Resolution Authorizing Execution of Grant Agreement - Storm Sewer Mitigation rb 01 JJ. APPROVE Telecommunications Lease Agreement, Verizon Inc. (Yankee Doodle - Antennae) KK. APPROVE Telecommunications Lease Agreement, Verizon Inc. (Deerwood - Antennae) Va IVI. 6:30 - PUBLIC HEARINGS A. A. VARIANCE - Gerald Bull - Variance to the 20% maximum lot coverage requirements for a single- r family residential property located 4557 Majestic Oaks Place, Lot 3, Block 1, Majestic Oaks 2nd Addition. f1#0 B. VARIANCE - Grigoriy Yakovlev - Variance of 2 feet to the required 5 foot side yard setback for an accessory structure in a single-family zoning district located at 1375 Braun Court, Lot 3, Block 1, Harvey's Heritage. ,P I Qq C. PROJECT 840, Robin Lane (Storm Mitigation Improvements) / Z O D. PROJECT 843, Beecher Drive (Storm Mitigation Improvements) E. PROJECT 844, Forssa Way (Storm Mitigation Improvements) I F. PROJECT 845, Rocky Lane / Paddock Court (Storm Mitigation Improvements) CERTIFICATION of Delinquent Utility Bills CERTIFICATION of Delinquent False Alarm Bills I. CERTIFICATION of Delinquent Noxious Weed Cutting Bills OLD BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION - SHELTER CORPORATION. A Comprehensive Guide Plan Amendment amending the use of approximately 17 acres from RC, Retail Commercial to MD, Medium Density Residential, a Rezoning from CSC (Community Shopping Center) to PD (Planned Development) and a Preliminary Subdivision/Preliminary Planned Development (Cedar Villas) to create two lots with 148 townhome units, located on the west side of Nicols Road, south of Jerry's Garden Center and north of the Sleep Inn in the NW '/4 of Section 30. VIII. NEW BUSINESS A. CONDITIONAL USE PERMIT - Keys Well Drilling. A Conditional Use Permit to allow outside storage on Lot 1, Block 1, Sibley Terminal Industrial Park, located at 3131 Sibley Memorial Highway in the NE of Section 8. ~3B. PLANNED DEVELOPMENT AMENDMENT - RACO, LLC. A Planned Development Amendment to allow a Class H restaurant (Culver's) with drive-through service on Lot 2, Block 1, vvv Gatewoods Addition, located at 3445 O'Leary Lane in the NE of Section 15. fX71C. ORDINANCE AMENDMENT - Ordinance amendment to Chapter I 1 establishing Construction and Demolition Debris Transfer Stations as a Conditional Use in the Limited Industrial (I-1) zoning district. D. ORDINANCE AMENDMENT - Ordinance amendment to Chapter 6 establishing Conditional Use / Permit requirements for Construction and Demolition Debris Waste Transfer Stations in a Limited Industrial (1-1) zoning district. 77E. ORDINANCE AMENDMENT - Amendment to City Ordinance 2.38-regarding Code Enforcement Technicians. Or F. ORDINANCE AMENDMENT - An ordinance amending Eagan City Code Chapter 10 entitled "Public Protection, Crimes and Offenses" by amending Section 10.11 regarding Dog and Cat Regulation and Dog Licensing; and by adopting by reference Eagan City Code Chapter 1 and Section 10.99. ~y G. GRADING PERMIT APPLICATION - Lot 2, Block 1, Oak Pond Hills (Wendolek - 4565 Oak / Pond Road) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIIL EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. 1 L 0- 4 MEMO - city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 2, 2001 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 8, 2001 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 8, 2001 City Council agenda, the following items are in order for consideration. AGENDA CITY OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY NOVEMBER 8, 2001 6:30 P.M. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVAL OF MINUTES 1. August 7, 2001 meeting D. NEW BUSINSS 1. Resolution requesting public hearing to establish TIF District 2-4 in NE Eagan 2. Consider preliminary redevelopment agreement with Ryan Companies E. ADJOURNMENT Agenda Information Memo November 8, 2001 Eagan Economic Development Authority Meeting C. APPROVE MINUTES OF AUGUST 7 ,2001 EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To adopt a resolution approving minutes of the August 7, 2001 EDA meeting. ATTACHMENTS: • Minutes are attached on pages. LPL • Resolution is attached on page ,S 3 MINUTES OF A REGULAR MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 7, 2001 A meeting of the Eagan Economic Development Authority was held on Tuesday, August 7, 2000 at 11:30 p.m. at the Eagan Municipal Center. Present were President Awada and Commissioners Carlson, Fields. Also present were Executive Director Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. ADOPT AGENDA Commissioner Awada moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 3 Nay: 0 APPROVAL OF MINUTES Commissioner Fields moved, Commissioner Carlson seconded a motion to approve the minutes of the June 18, 2001 Economic Development Authority and the Economic Development Commission joint meeting. Aye: 3 Nay: 0 NEW BUSINESS REOLUTION SUPPORTING CREATION OF CEDAR GROVE TAX INCREMENT FINANCING REDEVELOPMENT DISTRICT City Administrator Hedges introduced this item regarding the creation of the Cedar Grove Tax Increment Financing Redevelopment District. Commissioner Fields moved, Commissioner Awada seconded a motion to approve a resolution adopting the redevelopment plan for the Cedar Grove Redevelopment Area and establishing Tax Increment Financing District No. 1, within the Cedar Grove Redevelopment Area, and adopting the plans therefore. Aye: 3 Nay: 0 ADJOURNMENT The meeting adjourned at 11:45 p.m. Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING MINUTES OF AUGUST 7, 2001 BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the August 7, 2001 meeting of the Eagan Economic Development Authority. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, Tom Hedges, Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 8th day of November, 2001. James D. Verbrugge Secretary/Assistant Executive Director i Agenda Information Memo November 8, 2001 Eagan Economic Development Authority Meeting D. NEW BUSINESS 1. CONSIDER RESOLUTION REQUESTING PUBLIC HEARING TO ESTABLISH TIF DISTRICT 2-4 IN NE EAGAN ACTION TO BE CONSIDERED: To approve a resolution requesting the City Council call for a Public Hearing on the establishment of Tax Increment Financing District No. 4, a redevelopment district located within the Northeast Eagan Project Area No. 2. FACTS: • The City of Eagan has been studying the possibility of redevelopment in the Highway 55 corridor area of northeast Eagan for a number of years. • The proposed Tax Increment Financing Redevelopment District will give the City the authority to use the mechanism known as tax increment financing to spur development and reinvestment in the Highway 55 corridor. ATTACHMENT: • The resolution is attached on pages I 01murlb-. 6 EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN RESOLUTION # RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF EAGAN CALL FOR A PUBLIC HEARING ON THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 4, A REDEVELOPMENT DISTRICT LOCATED WITHIN THE NORTHEAST EAGAN PROJECT AREA NO. 2. BE IT RESOLVED, by the Board of Commissioners (the "Board") of the Eagan Economic Development Authority, City of Eagan, Minnesota (the "EDA") as follows: WHEREAS, the EDA is proposing the establishment of Tax Increment Financing District No. 4, a redevelopment district located within the Northeast Eagan Project Area No. 2, pursuant to, and in accordance with, Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; NOW, THEREFORE BE IT RESOLVED by the Board as follows: 1. The EDA hereby requests that on November 8, 2001, the Council call for a public hearing to consider the proposed adoption of the establishment of Tax Increment Financing District No. 4 (the "Plan") and cause notice of said public hearing to be given as required by law. 2. The EDA directs the Executive Director to transmit copies of the Plan to the Planning Commission of the City and requests the Planning Commission's written opinion indicating whether the proposed Plan is in accordance with the Comprehensive Plan of the City, prior to the date of the public hearing. 3. The Executive Director of the EDA is hereby directed to submit a copy of the Plan to the Council for its approval. 4. The EDA directs the Executive Director to transmit the Plan to the county and the school district(s) in which Tax Increment Financing District No. 4 is located not later than December 14, 2001. Approved by the Board on November 8, 2001. Chair ATTEST: Secretary i Agenda Information Memo November 8, 2001 Eagan Economic Development Authority Meeting 2. CONSIDER RESOLUTION APPROVING PRELIMINARY REDEVELOPMENT AGREEMENT WITH RYAN COMPANIES ACTION TO BE CONSIDERED: To adopt a resolution approving a Preliminary Redevelopment Agreement with Ryan Companies for redevelopment in the Cedar Grove Redevelopment Area - North District. FACTS: • At a joint meeting in June 2001 of the Economic Development Authority and Economic Development Commission, staff was directed to pursue a preliminary redevelopment agreement with Ryan Companies for an office/showroom and build- to-suit office development proposal in the Cedar Grove Redevelopment Area - North District. • City staff, project management consultant Ehlers & Associates, and Ryan Companies have all reviewed the Preliminary Redevelopment Agreement and find it acceptable. The agreement does not bind the City to any financial obligation or commitment of project approval. The agreement provides an exclusive rights negotiating period up to 18 months for Ryan to pursue development opportunities. • The agreement also stipulates that all legal and consulting costs incurred by the City in relation to this proposal will be reimbursed by the redeveloper up to $12,500. • The Economic Development Commission's Finance & Development Committee met on November 1 to review the agreement and found it to be acceptable. ATTACHMENT: • The resolution is attached on pages • Preliminary Redevelopment Agreement is on pages L through , EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE PRELIMINARY REDEVELOPMENT AGREEMENT WITH RYAN COMPANIES BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a Preliminary Redevelopment Agreement with Ryan Companies for the purpose of pursuing redevelopment opportunities in the Cedar Grove Redevelopment Area - North District. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, Jamie Verbrugge, Secretary/Assistant Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 8s1 day of November, 2001. James D. Verbrugge, Secretary i PRELIMINARY REDEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into as of the 8t day of November, 2001, by and between THE CITY OF EAGAN, MINNESOTA, a Minnesota public body corporate and politic, ("City"), and RYAN COMPANIES, INC. a Minnesota corporation ("Redeveloper") BACKGROUND The purpose of this Agreement is to set forth the understanding between the parties with respect to the proposed redevelopment of portions of the area generally described as Cedar Grove Northeast ("the Redevelopment Property") and shown in Exhibit A. BASIC TERMS AND CONDITIONS The following is a list of the terms and conditions under which the Redeveloper will proceed on an exclusive basis for the term of this agreement to structure and develop with the City a definitive Redevelopment Agreement for the Project and is intended to define the responsibilities and roles of the respective participants regarding the proposed redevelopment of the Project. 1. Redevelopment Property. The properties proposed to be redeveloped are the properties set forth in Exhibit A and more fully described in the legal descriptions set forth in Exhibit B hereto ("the Site"). The Redevelopment Property equals 19 acres (plus/minus), of land together with all improvements and structures located on the land and easements and rights benefiting or appurtenant to the land. The redevelopment includes two separate sites located on five parcels. The exact dimensions and square footage of the project shall be determined by survey. The parties agree that the Site may be enlarged to include other lands at the mutual agreement of the parties. 2. Undertaking and Exclusive Rights. In consideration of the time, effort and expenses to be incurred by the Redeveloper in pursuing the undertakings set forth herein and in further consideration of the amount of $12,500.00 paid to the City, the receipt of which is hereby acknowledged, the City hereby agrees that for the term of this agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third parry in connection with any proposed development within the area covered by this agreement; and (ii) condemn or agree to proceed with the condemnation of any property within such area to assist or facilitate development within such area by a third party. During such period the Redeveloper shall have the exclusive right to make a specific proposal and negotiate the terms of a Redevelopment Agreement for the Redevelopment Property. Said exclusive rights shall continue, unless earlier terminated as provided herein, for a period of eighteen (18) months from the date hereof, or until such later date as the parties may mutually agree. Provided, however, that the City may terminate this agreement within nine (9) months if the city determines that Redeveloper has not aggressively marketed the property for development. Such determination shall be made at the sole discretion of the City and shall not be subject to challenge by the Redeveloper. The above-described fee is to be applied to payment of the Redeveloper's obligation contained in Section 11; and any unused portion will be refunded to the Redeveloper upon termination of this Agreement. The above amount represents the maximum expense that the Redeveloper shall be expected to reimburse the City for 11/01/2001 Page 1 /D consultants and staff time under this agreement. The City has no obligation hereunder to enter into any Redevelopment Agreement in any form and the Redeveloper acknowledges that the City has not made any commitments in that regard. 3. The Project. The Project will consist of the redevelopment of the project area and may include multi-tenant office/warehouse/showroom and general office. Building height is expected to be not more than 24 feet. Building use and design may be limited in order to accommodate traffic impact within general project area. 4. Public Assistance. In order to achieve the foregoing multi-use redevelopment, it is anticipated that a definitive Redevelopment Agreement, if any, will contain provisions addressing a variety of forms of public assistance, which may be necessary in order to accomplish the redevelopment. No commitment is presently being made to provide any form of public assistance and the Redeveloper acknowledges that the City has not made any representations that assistance will be available. Examples of public assistance that may ultimately be agreed upon, include, but are not limited to, the following: a. Site Assembly. The City will consider acquisition of some or all of the Redevelopment Property based upon terms and conditions contained in the redevelopment contract. Acquisition may be through negotiated purchase, or condemnation or a combination. Acquisition by the City shall be considered only after the Redeveloper has demonstrated good faith efforts to purchase the property, and these efforts have been unsuccessful. b. Tax Increment Financing. The City may be asked to establish a tax increment financing district to support the Redevelopment Project; and agrees to give due consideration to any such request. C. Tax Abatement. The City may be asked to enter into a tax abatement agreement for a portion of taxes that may be generated from the development. 5. Redeveloper's Proposed Use. Minimum Improvements. The minimum improvements will be made pursuant to plans, which are acceptable to and approved by the City as part of the redevelopment contract. 11/01/2001 Page 2 i 6. Contingencies. It is expected that any redevelopment contract will address the following items, which the parties acknowledge may be material to the Project: a. Creation of a tax increment financing district, and determination of the portion of tax increment, which will be made available to the Redeveloper; b. The acquisition of all or part of the Redevelopment Property by direct purchase or condemnation, on such terms and conditions acceptable to the City and as determined by the City in its sole and absolute discretion. c. Acceptance by the Redeveloper of a Phase I and, if requested, Phase It environmental assessment and all other environmental and wetland reports and surveys certified to the Redeveloper and its lender, deemed necessary by the City and the Redeveloper for all of the property located within the Project, which reports and surveys must be satisfactory to the City and the Redeveloper; d. The City and the Redeveloper have obtained all necessary approvals for the Project from any participating governmental City including but not limited to any necessary watershed district; e. All zoning modifications, rezoning approvals and conditional use permits necessary to allow the Project to move forward have been granted; f. The title commitment for the Redevelopment Property shall have been found acceptable to the Redeveloper in its sole discretion; g. Testing results are satisfactory to the Redeveloper including, but not limited to, soils, well, engineering, hazardous waste, and environmental reviews; h. Financing acceptable to the Redeveloper; L The City agreeing to cooperate with the Redeveloper's lender or lenders and agreeing to execute any and all reasonable documents including typical subordination documents with respect to said lenders or any replacement lenders, provided that the City may refuse to enter into any such documents if it, in its reasonable discretion determines that to do so would create an unreasonable risk to it, jeopardize any of its security, or make it less likely that the Project would be developed as contemplated. 7. Termination. This agreement may be terminated prior to its expiration by the City as to all or a portion of the Redevelopment Property upon the giving of written notice to the Redeveloper that the Redeveloper is not diligently pursuing the redevelopment of the portions of the Redevelopment Property. The Redeveloper shall have a reasonable time, but in no event less than 30 days to affect a cure of such default, or to demonstrate that it is diligently pursuing such cure. The City may also terminate this agreement for the failure of the Redeveloper to make any payment due in accordance with Paragraph 11 below. 11/01/2001 Page 3 /a 8. Legislative Judgment. The Redeveloper understands that many of the actions which may be necessary for the Project and may be contemplated by a Redevelopment agreement involves matters of the Council's discretion, and in some instances, its legislative judgment. Such actions may only be made following established procedures, and the City cannot and does not agree, in advance, to any specific decision in such matters. 9. Consultants to be retained. The City intends to retain the services of Faegre & Benson LLP, and Ehlers & Associates, Inc. upon the execution of this agreement. Faegre & Benson is being retained to assist with legal matters pertaining to redevelopment financing. Ehlers & Associates, Inc. is being retained to assist the City in the technical matters such as project management, financial feasibility, district creation, certification and sizing, tax increment calculations, "but-for" analysis, and other factors pertaining to any claim for economic assistance. The Redeveloper agrees that it will be responsible for reimbursing the City for fees and expenses paid by the. City to such consultant, which directly relate to the Project, and will do so within 30 days following receipt of any request to do so. The maximum fees subject to reimbursement under this agreement shall be limited to $12,500. 10. Notices. All communications shall be directed to the Redeveloper at: RyanDevelopment, Inc. 700 International Centre Minneapolis, MN 55401-3387 All communications shall be directed to the City at: City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122-1810 IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the date and year first above written. RYANDEVELOPMENT, INC. THE CITY OF EAGAN By: By. Its: Mayor Date_ Its By. Date Its: Clerk Date October 11, 2001 Ehlers & Associates, Inc. 11/01/2001 Page 4 i Agenda Information Memo November 8, 2001 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the October 16, 2001 regular City Council meeting, the October 16, 2001 Listening Session, the October 9, 2001 special City Council meeting and the October 9, 2001 special Goals Workshop as presented or modified. ATTACHMENTS: • Minutes of the October 16, 2001 regular City Council meeting are enclosed on pages through 22. • Minutes of the October 16, 2001 Listening Session are enclosed on page,23 • Minutes of the October 9, 2001 special City Council meeting are enclosed on pages Q'Y through !2(o. • Minutes of the October 9, 2001 special Goals Workshop are enclosed on pages qw~ through ~3-. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 16, 2001 . A regular meeting of the Eagan City Council was held on Tuesday, October 16, 2001 at 6:30 p.m. at the Eagan Municipal Center-; Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. A ftresent were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary Mira.McGar AGENDA fS.• Mayor Awada announced that Item B, Old Business regarding a Comprehensive Guide Plan Amendment, Rezoning and Preliminary Subdivision - Shelter Corporation will be continued at the request of the developer until the November 8, 2001 Council meeting. City Administrator Hedges sil sted tl-'.:Item D, Public Hearings, regarding an easement vacation for Effress Additicpsbe heart~ior to Item C, Project 850,•as a courtesy to the applicant due to the possible length eMe Proj X50 public hearing. He also stated that the applicant has requested a Footingsr Effress Addition. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS SWEARI,1\I~•:~_ #E•OFFICERS City Administrator Hedges intt;Cb;~e$f Police Therkelsen who introduced and discussed the background of Anthony Lej&ei IJndrey and Sean Sweeney. Deputy City Clerk McGarvey administered the Oath of Of ie:FA a Officers. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the October 2, 2001 Regular City Council meeting, the October 2,.~'..,►s, , .s!?.n, and the September 17, 2001 Listening Session. ~ff B. Personnel Items. 1. It was recommended to appr; the hii;of Ryan Ross as apart-time seasonal Civic Arena supervisor. 2. It was recommended to approvRi# `Hanson and Tom May as part-time seasonal skateguards. 3. It was recommended to approve the establishment of a Director of Communications position. 4. It was recommended to officiallX;ria Karels as City Clerk; Tom Hedges, Mira McGarvey and Gene Van0ve}Clerks; Tom Pepper as City Treasurer; and Gene VanOverbeke as Icy City Treasiii~;r; 5. It was recommended to acG;Rk the letter of resi ftion from Police Officer Claire Wagner. Eagan City Council Meeting Minutes October 16, 2001 Page 2 6. It was recommended to accept the letter of resignation from Loudi Rivamonte, Youth Development Coordinator. C. Findings of Fact. It was recommended to adopt Findings of Fact, Conclusion and Resolution for Denial of a Conditional Use Pe ftit for Adams Outdoor to erect a 672 square foot, single- 'sided off-premise sign upon Canadk~~acific Railway property located south of TH 55 between I-35E and Lexington Aver1W.iu,Zhe ;morttt vest %j of Section 2. D. Public Hearing -Hazardous Condi7j31stat ded to schedule a public hearing for certification of judgment for thg..Council ordeftb f8fnove hazardous conditions of buildings/property. E. NE Eagan Development District Mo'2 TIF Funds. It was recommended to approve the resolution authorizing use of NE Eagan Development District No. 2 TIF funds to finance Lone Oak Road upgrade (Project 668). F. General Obligation Recreational Facilities Bonds, Series 2001A. It was recommended to approve the resolution to issue and -.-.-:..I $13X(Q 000 General Obligation Recreational Facilities (Community Center/Ceriil Park) ends, Series 2001 A. G. Final Plans and Specifications for t d- munktenter. It was recommended to approve the final plans and specifications for the U;n_n..* . Center building and approve the language for construction services bid advet87:::::' : H. Eagandale Office Park 5`h Addition.•It was to approve a sixty-day recording extension for the Eagandale Office Park 5' Addition. I. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 10, Section 10. 11, entitled dog and cat regulation and dog licensing, revising language pertaining to potentially.d erous and dangerous dog designations as a result of revisions to Mi3t'Y:~0-§347.55. J. Grant from Sam's Club. It was reQii~~i£'dcept a grant from Sam's Club in the amount of $500.00. K. Project 795. It wai recommended'ft*%aft feasibility report for Project 795 (Covington Lane, Beacon Hill, Brittany is~''_'t_;t#p}s, Johnny Cake Ridge Additions - Street Overlay) and schedule a public hearing to lied on November 20, 2001. L. Project 853. It was recommended to receive the draft feasibility report for Project 853 (Woodgate 1 S` Addition - Street Overlay) and schedule a public hearing to be held on November 20, 2001. M. Project 854. It was recommended to r,;.ceive the draft feasibility report for Project 854 (Parkcliff I`- 3'd Additions - ule a public hearing to be held on November 20, 2001. N. Project 856. It was recommended'fii recei4, a draft feasibility report for Project 856 (Ches Mar V - 5'b Addition - Street O~i.~ay) an};~~hedule a public hearing to be held on Nov' • ember 20, 2001. s~:;: ;::::~:~'::;:•:•:•:•::•:c 0. Contract 00-01. It was recommi'it'es# ta''ipve:ge Order #3 and the Final Pay Request for Contract 00-01 (Cliff Road Water Treatment Facility - Restoration) and authorize perpetual maintenance in accordance with the contract documents. P. Project 849. It was recommended to authorize th preparation of a feasibility report for Project 849 (Deerwood Place - Storm Mitloh* cents) by the City's consulting engineering firm of Bonestroo, Rosene, Andrd'AsscictBRAA). Q. Project 771. It was recommenc#oi~to approve an lrnent Agreement for Project 771 (Lexington Avenue -Divided Fr-Lane Upgrade) .:tivth the owner of Parcel 10-84500-010-01 (Studio 3345) and authorize th yor:ad.~itY.:~1to execute all related documents. Eagan City Council Meeting Minutes October 16, 2001 Page 3 R. Project 749. It was recommended to approve an Easement Agreement for Project 749 (Trunk Highway 55 South Frontage Road - Street and Utility Improvements) with the owner of Parcel 10-03800-070-10 (3225 Highway 55) and authorize the Mayor and City Clerk to execute all related documents. S. 'Ordinance #2.38. It was recommento direct city staff to draft an amendment to City Ordinance #2.38 that allows the Cit)C.,s..CgA J~Rfor n91 ent Technicians to issue citations for violations of the City Code; and dee€7#1gign Inspectors: Councilmember Tilley movedt'#'~'~buncilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 9'14ay: 0 PUBLIC HEARINGS PROJECT 668, LONE OAK AD RECONSTRUCTION /UPGRADE FINAL ASSSME HEARING City Administrator Hedges irl;gded tfii item regarding the final assessment roll for Project 668 (Lone Oak Road Recons~itimington Avenue to Highway 55 / P 00 149) and authorize its certification to Datcofa'~Ottiif}%'forc331ection. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the CouprjJ,:: Councilmember Fields mov "a t e"' r Carlson seconded a motion to approve ; saga the final as sessment roll for Project$.(*'** ne Oak- ad Reconstruction / Upgrade - Lexington Avenue to Highway $5 / 149) and au'thti # J ification to Dakota County for collection. Aye:5 Nay: 0 PROJECT 799, EAGANDALE CENTER INDUSTRIAL PARK STREET IMPROVEMENTS FINAL ASSESSMENT HEARING Mayor Awada abstained frogt"Mri d**** g a property owner proposed to be assessed as part of Project 799. C; mei X ak'keif'took over the meeting as Acting Mayor. NO City Administrator Hedgeg it3.garding the final assessment roll for Project 799 (Eagandale Center IndSlsii3 itf-N ale Office Park Additions - Street Improvements). Public Works Director Colbert gave a staff report. Acting Mayor Bakken opened the public hearing. There being no public comment, he closed the public hearing and turned d[4L 6 CDK,to the Council. Councilmember Carlson t>utd, Councihnei Fields seconded a motion to approve the final assessment roll for ProjWt.-799 (Ea ale Cc~y#er Industrial Park and Eagandale Office . 1 Eagan City Council Meeting Minutes October 16, 2001 Page 4 Park Additions - Street Improvements) and authorize its certification to Dakota County for - collection. Aye:4 Nay: 0 - EFFRESS ADDI7J-0N - EASEMENT VACATION City Administrator Hedges intr4'stliced this item regarding the vacation of public drainage and utility easements within Effress AIM01. a footings and foundation permit. Public Works Director Colbert gave a S A4ip : sed the request for footings and foundation permit and stated that staff omfortable with the issuance of the permit. Attorney Gary Fuchs was present and explained the delay of the final plat. Mayor Awada opened the public hearing. There being no public comment she closed the public hearing and turned discussion.* k to Council. mber Fields seconded a motion to continue Councilmember Bakken mov} Counc p ft- action of the vacation of public draing and ut.j' easements within Effress Addition, until the time of consideration of the Final Pla# ti 3 isi t•. fress 2' Addition. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a footing and foundation permit for the Effress Addition subject to no building permit being issued until the final plat is recorded and that the footing and foundation activity not progress above grade. Aye: 5 Nay: 0 '00i. bAb (STREETS AND UTILITIES) PROJECT 850, DO' City Administrator Hedges introdiioei:.*' tO .e$azding Project 850, Dodd Road. Mark Hanson of Bonestroo Rosene Anderlik and Assoc, tKilta presentation. Mayor Awada opened the public hearing. Approximately 36 residents spoke expressing their opinions regarding the proposed project. Discussion included: The h ,Verspp0jv4.*fDodd Road and the possibility of kost ty of a meandering trail; th e possibility signage indicating the historical sig}rC¢. of a feasibility study for improvemeit€~ betwe~A,~amberwell and Elrene: increased traffic and safety issues; a trail only on one sidpvf Dodd &Msus both sides. • Mayor Awada closed the p{ ; discussion back to the Council. w...... Mayor Awada discussed the historical perspective of Dodd Road and the possibility of historical markers being installed. She further discussed the need for a trail for safety purposes and the possibility of upgrading the entiri Dodd Road. Councilmember Fields suggested a trail be installed just on tbi;dd Road. Councilmember Tilley addressed the speed limits and stat*gt#iat another 3sso be considered would be the plowing of the trail. She stated she would Iiketo see more det9f6d drawings of what is being proposed. Councilmember Bakken stated he A& favor of the up a without a parking lane. Eagan City Council Meeting Minutes October 16, 2001 Page 5 Councilmember Carlson discussed the meandering trail and the possible disturbance the installation would cause in comparison to the proposed upgrade. She also discussed possible changes to water flow should the meandering trail be installed. Mayor Awada moved to approffl-Project 850 (Dodd Road - Streets and Utilities) with the trail only on the east side and authorize' tfi~ preparation of detail plans and specifications. There was no second to the motion. , Motion;:iici€tii:=:~~:'•°'::;Yr - Public Works Colbert discuss(oweet widths and safety lane. Mayor Awada moved, Councilmember Fields seconded a motion to approve Project 850 with a trail and a four foot boulevard on the east side of Dodd Road. Aye: 4 Nay: 1 Bakken opposed. Councilmember Bakken mo"' Couna iember Tilley seconded a motion to authorize staff to prepare a feasibility report ford similar L:AAign for the section of Dodd Road between Ethan and Wescott. Ayes: 5 Nay: VARIANCE - RAJ KHANCHANDANI City Administrator Hedges introduced this item rSWding a Variance to allow for a 10 foot setback from a public right-of--way and a Variaa<xxceed the 20 percent maximum lot coverage requirement by .7 percent ina;xai#:ict at 4277 Sunrise Road. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,% •b T Tilley seconded a motion to approve a s,sri~? ,e Variance to allow fora 10-foot setback from a puliia# of--way in a residential district. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Variance to exceed the 20 percent maximum lot coverage requirement by .7 percent in a residential district. Aye: 5 ' Nay: 0 COMPREHENSIVE GUIDE P$A1 AM!Ii141ENT, REZONING'AND PRELIMINARY SUBK ISION.p•$HELTER CORP. Continued to November 8, 2001 at€tt:cant. ORDINANCE AMENDMENT - DIRECT PREPARATION OF ORDINANCE AMENDMENT ESTABLISHING THE EAGAN CONVENTION AND VISITORS BUREAU BOARD OF DIRECTORS;..A33pMMISSION OF THE CITY OF EAGAN City Administrator Hedge!s:l ;•;•bduced this i • d provided background information regarding an ordinance amendment t~:at would establi3 the Eagan Convention and Visitor Bureau (ECVB) Board of Directgil its a Commission the City of Eagan. Eagan City Council Meeting Minutes October 16, 2001 Page 6 ECVB Board members spoke expressing their opposition to the Convention and Visitors Bureau being. governed by the City. City Attorney Dougherty explained that the EDVB is the responsibility of the City which is consistent with the position of the State Auditor. He also discussed the history of how the ECVW first structured under the Chamber of Commerce. Councilmember Bakken stated. ; kcj;",, independent body that could levy a tax without direct over site by the Cify.'i ,i r , ed that an ordinance would not be approved until the City and ECVB haa;et to discuss the matter. Councilmember Carlson explained that it is not the Council's i l.OAt to micromanage the ECVB. After a lengthy discussion between the Council, ECVB Board members and staff, it was decided that a meeting will be scheduled with a representative of the ECVB and the Communications Committee of the Council to discuss the make up of the Board for the ECVB. Mayor Awada explained tha ordin4voe would only address the number of members to be appointed to the Board and not Wk will afially be appointed. Consideration of the ordinance will be scheduled for the N&*mber $.~~001 meeting, but if more time is needed to resolve the issues, the item will be c Councilmember Carlson moved,.Councilmember Fields seconded a motion to direct the City Attorney to prepare an ordinance amendment establishing the Eagan Convention and Visitors Bureau Board of Directors as a Commission of the City of Eagan. Aye: 5 Nay: 0 NEW BUSI PRELIMINARY. SUBDS'i('VI3ANT HILLS 3" ADDITION) City Administrator Hedges introdtiiiic;;tom regarding a Preliminary Subdivision (Verdant Hills 3'd Addition) to create two single=laiii:#ite, on .73 acres located south of Woodland Court and east of Wescott Woodlan ds. Seriitx~ lanner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Verdant Hills Yd Addition) to create two single-family lots, on .73 acres located south of Woodland Court ArAxast of Wescgtt Woodlands in the NE of Section 14 subject to the following conditio -X* X X- X0 Vf _X 1. The applicant shall comply witl~.tese stanaid conditions of plat approval as adopted by Council on February 3, 1993: end B 1 2. The property shall be platted. 3. All existing buildings shall be removed N Se'sif~ prior to final subdivision approval. 4. All well an septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards prior to final subdivision approval. 5. New houses to be built within Verdant iUsj';° Addition shall connect to municipal utilities. 6. Architectural designs and constry}f# new construction shall incorporate sound attenuation standards sufficienr;peve ariitir sound level of 45 dBA. This will require an inside noise level refdRion of at least X-OA. Eagan City Council Meeting Minutes October 16, 2001 Page 7 7. The subdivision shall be subject to a cash park dedication and cash trail dedication for one residential lot. 8. A cash dedication of $837.00 in lieu of on-site water quality ponding shall be required for this development. 9. .Individual Lot Tree Preservation Pl$.shall be submitted at the time of building/grading permit application for each lot. REZONING AND PRELIMIN`:#fs~NICOLS RIDGE) - DELTA BEVELOPMENT City Administrator Hedges introduced this item regarding a Rezoning of approximately 26 acres from Community Shopping Center and Agriculture to Planned Development to allow 269 townhomes located east of Nicols Road and south of Beau d' Rue. Senior Planner Ridley gave a staff report. Mark Pan anto, Delta Develont, gtgted the project in detail. Three residents spoke regarding the proposed subdivision. T&ir corri# nts and concerns included density, traffic, setbacks, tree preservation and envir.... s., : Mayor Awada explained that she supports the rezoning but feels the project is too dense and requires further refinement. Mr. Parranto expressed concern regarding the Tax Increment Financing Funds. Mayor Awada moved, Councilmember C b1q4-,VW__ nded a motion to approve a Rezoning of approximately 26 acres from Comm er and Agriculture to Planned Development subject to the townh i ; lty benakeduced by 15%, located east of Nicols Road and south of Beau d' Rue in thus;x:q'Secf 19, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall receive final subdivision appro prior to building permit issuance. 2. The applicant and/or developer shall enter into a Preliminary and Final Planned Development Agreement with the City. 3. The following exhibits are required for the Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan - f' XXV C. Final Building Elevatioi d Sigr" ;Flan - D. Retaining wall and boun } y fence, trail plan 4. All trash haulers and recyclii#:te e~ ` shall be located indoors: 5. All site signage shall compl~:;visions of the City Sign Ordinance. 6. All on-site street lighting shall be hooded and-1~i'r'eoted to deflect light away from adjacent properties. ORDINANCE AMENDMENT --)A1; R 10, SUBD.10.53 -'CITY OF EAGAN City Administrator Hedges duced thisl! regarding an ordinance amendment to ' Chapter 10, Subd. 10.53 relating to dnce maintenanA. firewood storage. Senior Planner Ridley gave a staff report. s 1 Eagan City Council Meeting Minutes October 16, 2001 Page 8 Councilmember Carlson moved, Councilmember Bakken seconded a motion to adopt an ordinance amendment to Chapter 10, Subd. 10.53 relating to fence maintenance and firewood storage. Aye: 5 Nay: 0 ORDINANCE ANDMENT - CHAPTER FOUR CONSTRUCTION LIC)I~,.,~~~~ REGULATIONS City Administrator Hedges intced this item regarding an ordinance amending Eagan City Code Chapter Four by amending, tion 4.20, regarding general sign standards. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt an ordinance amending Eagan City Cod~;1r#iapter Four by amending Section 4.20, Subd. 3(H); and by adopting by reference Eagan City 7e Chapter 1 and Section 4.99. Aye: 5 Nay: 0 LEGISLATIVE / INT iGOV *MENTAL AFFAIRS-UPDATE REVIEW OF-POLICIES The Council agreed with the policies as presented by the City Administrator and drafted by the AMM Legislative Committees. VISITORS TO,1RE. [RD Kate Lavene questioned why# ? dtmdil is taking a position on the 196 levy issue. Mayor Awada explained that the City. Qpu 'Id s At take a position because it is a political issue. ADJOURN The meeting adjourned at 1:35 a.m. -Date Deputy City Clerk • ~i:.~f . If you need these minutes in an alto tiv,.~,fo ch as large print, Braille, audio tape, etc., please contact the City of Eagan, 3?;'s#s,;:t agan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employ .m. ?u~it-bout regard to race, color, creed, religion, national origin, sex disability, age, s.d. ..,kt arital status or status with regard to public assistance. X-M MINUTES OF% --.0S'1`E]VY1VG'S1 ftON OF THE E,k CITY COUI . ':r •.~`A an, Minneso*..-.-.: .12 . Mayor Awada opened the October 16, 2001 Listening Session at 5:30 p.m. in the Community Room of the Eagan Municipal Center. Present were Mayor Awada, Councilmembers Carlson, Bakken- Tom Torgerson, a Board member ctEag. nvention and Visitors Bureau questioned the Council regarding their into estab the ECVB as a Commission of the City. Councilmembers disc $ je .Ohd_Ci# pnm&Q:ffie proposed ordinance amendment which was schedulec#:#'-'- i~sc s t Old Business at the regular Council meeting. Y • The Listening Session was adjourned at 6:10 p.m. Date Deputy City Clerk I {StiY / ;Z3 MINUTES OF A SPECIAL CITY COUNCIL MEETING OF THE EAGAN CITY COUNCIL TUESDAY, OCTOBER 9, 2001 CITY HAI OMMUNITY ROOM x:30 P.M. Present: Mayor Awada, Councilmisp;$R};Eson, Fields and Tilley, City Administrator Hedges, Assistant Qfty Administrator Verbrugge, Assistant City Administrator Duffy, Director of #ainistrative Services VanOverbeke, Chief Financial Officer Pepper, Senior Planner Ridley, Parks and Recreation Director Vraa, Public Works Director Colbert, Communications Coordinator Foote, Cascade Bay Manager Aaron Hunter and Intern to the City, Administrator Lord. ROLL CA & AGrA ADOPTION Mayor Awada called the meeting tcjcder. VISI•:#3~# There were no visitors to be heard. COMMUNITY ENTRANCE MARKERS Senior Planner Ridley and Assistant Cq.;cst'Verbrugge report ed that they met with the EDC Image Committee to~3s fhe feility of income from cellular antennae use with entrance monume i ,s... the p imeters for designing the entrance monuments: The EDC proposed the 1crc intersection of Hwy 55/494/35E for an entrance monument site. Senior Planner Rid~e}~'s¢tRt a topography map of the 55/494/35E region is being prepared, as well as a feasA~tity report for the cellular. antennae use at that site. Following the suggestion of the EDC, the Council advised the EDC to go directly to a consulting engineer firm, rather than holding a community-wide design contest. The image Committee offered to meet on demand. Public Works Director Colbert stated he needs a definitive pl;before approaching MNDOT or Dakota County for approval. Councilmember Bali #4;x1 ti~tc .Id only support the entry monuments if they were financia:elf-suping. : Mayor Awada moved, Councilrrtoer Fieeconded a motion for the City to have a preliminary design from the ED(.~•`E;;,#ich time the design will be presented to the City Council monument subc6hifnRff for action to be taken on the entry monuments. Ayes: 5 Nays: 0 REVIEW 2002 G$,.AL FUND BUDGET City Administrator Hedges intro ,q'the 66i ."3-002 budget for consideration. At the suggestion of the Council, the Dc'Cinber 4 City Cowl was moved to December 11 due to the Councilmembers attendirj-,jhe National Leagma Cities Conference. The budget a~ hearing will be held at the December 11 City Council meeting. The City Council and department directors discussed the current budget proposal and changes that resulted from the added state legislative session. The Council agreed that they do not want to increase the salary for Councilmembq#:Director of Administrative Services informed the Council that the Public Enterprisgifi nds will be on the agenda for review in early November. REVIEW PROPOSED 20"CASCAI~ UT :WUDGET AND FEES City. Administrator Hedges introduced Aaron Hunter, who was recently hired as the Cascade Bay Manager. Hedges also thanked Cheryl Mesko for assisting Parks and Recreation Director Vraa in managing Cascade Bay over the past year. Vraa stated that marketing is currently underway for,the 2002 season at Cascade Bay. He introduced the proposed 2002 budget and explaine* at aftek:tjhree years of operation, renewal and replacement costs are start ing to seti The Cicil stated their hope that Cascade Bay stay open until Labor Day. Mayor Awada moved, Councilmeret:si,iQil motion not to raise the cost of season passes, and raise the cost of daily ad.iriission'by0. Councilmember Carlson proposed an amendment tb raise the daily admission by $0.25 rather than $0.50. Amendment carried. Motion passed: Ayes: 4 Nays: 1 (Couni,11?b opposed) COMMLKft.VISIOPk*G UPDATE In light of the world events and the state of tbe'itd,?tes economy, Council member Carlson moved, Councilmember Bakken secondedaon to put Community Visioning on hold for the present time. Councilmember Tilley amended the motion to put community visioning on hold, and revisit it in 9 months. Amendment catzid,., Motion passed: Ayes: 5 Nays: 4~:; '•i~ •r.:::l~.U.D VIEW Councilmember Bakken asked n to proceed in obtaining a second opinion regarding P.U.D.'s from the City Attorney. Councilmember Bakken moved, Mayor• wa44 seconded a motion for Councilmember Bakken to proceed in his research p#,';$stiS ort back to the Council if action is needed to rezone. Ayes: 5 Nays;;: as OTHER BUSINESS Mayor Awada discussed a letter she tWived from an Eagan resident regarding the banning of phosphorus based lawn fj. zers. The City of Minneapolis recently passed an ordinance banning phosphorus. S taf:vt!W:t back to the Council on the City of Eagan's current policy and the reconf"'.1. , t p f s Water Resources Coordinator. , ; ; The.meeting adjourned at 6:50 P.M'''" ' Date } Clerk If you need these minutes in an alternative forq.y{s,tich as larg*: *pnt, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55 twf 651-681;t11a0, (TDD phone: 651454-8535). The City of Eagan is committed to the policy t;2 t¢o o#p. > d:.ct s to its programs, services, activities, facilities and employment without regard to race; orr• ; foftg ggc~na] origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. SPECIAL GOALS WOR)HOP OF THE AN CITY COUNCIL TUESDAY, OCTOBER-91.2001 CITY HA1 CO!V[MUI~E` ':ROOM Present: Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley, City Administrator Hedges, Assistant City Administrator Verbrugge, Assistant City Administrator Duffy, Director of Administrative Services VanOverbeke, Senior Planner Ridley, Parks and Recre$ i c i 604 Public Works Director Colbert, and Intern to the City Adm nB70*#pi`LOrA CEDAR GROVE) EVELMMENT Senior Planner Ridley informed the o i-ft. l that'Si f as been approached by developers interested in developing specifically in Cedar Grove. The Council discussed land uses for the Cedar Grove redevelopment area and agreed to hear additional development proposals provided that developers will follow the City's plan/scope for Cedar Grove. BLi ;GENTIAN ROAD Senior Planner Ridley stated that a develq er'~iss: .0m•purchasing property along Blue Gentian Road with hopes of developing:~orporate.ofatt. Ridley stated that some residents have voiced their concernthat::'ilie ~i jr ii Fd'iise condemnation along Blue :w i Gentian Road. The Council took tt~o:Y stdOM5 concerns under advisement. STORM MITIGATION (FAIRWAY HILLS AND GIBRALTAR TRAIL) Public Works Director Colbert informed the Council that Parkview Golf Course has been sold to new owners. The Council di r:gcted.Cplb 4.tp.zontinue negotiations with the new Parkview owners in order to movc::A : i Vovements for the Fairway Hills neighborhood. Of the three options that;:have been.proposed for the Fairway Hills neighborhood, the Council recommended Op#upn C b::encouraged. The Council went on to discuss the improvement options that are Mv*ilable . the homes on Gibraltar Trail. Public Works Director Colbert updated the Council o:t~e improvements being proposed for Ches Mar Pond. Colbert will prepare a formal agenda item regarding Ches Mar Pond for a November City Council meeting. LEGAL SOQ REV] EW City Administrator Hedges informed tie :Copncil.tba legal services interviews have been completed for general services anc rtbor services interviews scheduled for the following week. Councilmember Bakken moved, Councilmember FieUs seconded a motion to direct staff to prepare recommendations for two general legal service providers, and to report the 7 three low bids for labor and proses d iit'provr s'tfiat-tiitould be qualified for the job. The % information shall be presented at ai3uncil workshop 1 yes: 5 Nays: 0 COMMEM.nT ~pTIONS:I SATE City Administrator Hedges distributed a memo'p'r'oposing a new structure for the ECVB. The Council discussed the proposed changes to the ECVB. The structure will be up for Council consideration at the October 16 City Council meeting. The City Council also discussed th!~KSS1i ipQiAi?i'of Communications, which is budgeted for 2002. It was the desire of the C--0*. iciTih&..-$e new Communications Director be hired by January 2002. ' STATURM~t!'?QiKS Public Works Director Colbert updated the Council on Royal Oaks Development. Colbert reported that the final plats could not be recorded until the permit to release the easements is acquired. Public Works Director Colbert will continue to update the Council on the proceedings of the Royal Oaks Development. UPDATE REGARDING THE GOB ? t E EXPLORATORY COMNHTTEE Councilmember Carlson spoke to the Cdtincil reggIer concerns that the Golf Course Exploratory subcommittees are #ttiv: tai l :iii:scope, and that they need parameters to work from. Parks and Recreatioi Ifi .?'Vraa stated that the executive committee will be selected at the October 10 Goff Course Exploratory subcommittee meetings. The executive committee is scheduled to meet with the City Council in early to mid November, at which time, the Council will inform the executive committee that it was the original intent of the Council that the subcommittees report their final findings by December 2001. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, NN 55122, 651-681-4600, (TDD phone: 651454-8535). The City of Eagan is committed to the policy that all persons have equak;;cess to its programs, services, activities, facilities and employment without regard to race, color, creed, religior;-m.e tional origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo November 8, 2001 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Seasonal Concessions Workers/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Denise Hall and Robert Dunbar part-time seasonal concessions workers at the Civic Arena. Item 2. Seasonal Forestry Technician- ACTION TO BE CONSIDERED: To approve the hiring of Jeremiah Fauskee as a seasonal forestry technician. Item 3. Part-time Seasonal Skateguards/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Nicholas Osborn, William Osborne and Rochelle Baillon as part-time seasonal skateguards at the Civic Arena. ~q Agenda Information Memo November 8, 2001 C. APPROVE ON-SALE LIQUOR LICENSE APPLICATION FOR BONFIRE RESTAURANT ACTION TO BE CONSIDERED: To approve an on-sale liquor license application for Bonfire restaurant. FACTS: • Charlie Rae, Inc. has applied for an on-sale liquor license with the City of Eagan. The applicant is a corporation and is based in Eagan. Charlie Rae, Inc. owns and manages the three Axels restaurants located in Mendota, Chanhassen and Loretto, Minnesota. • The applicant intends to open the restaurant at the former Video Update building located at 1555 Cliff Road in the Thomas Lake Center area. • They have submitted the required documents, which have been reviewed and deemed in order by City staff. • The Police Department has conducted an investigation on the officers and they do not find any reason to deny the applicant the on-sale license. ATTACHMENTS: • Application enclosed without page number. - - 30-- - - Agenda Information Memo November 8, 2001 Eagan City Council Meeting CONSENT AGENDA: D. APPROVE 2002 TRASH HAULER LICENSES Action to be considered: Approve 2002 Commercial, Residential and Construction / Demo Trash Hauler License Renewals. Facts: • Staff has reviewed the renewal applications and deem them in order. Attachment: • List of applicants is attached as pages , through. 31 2002 TRASH HAULER LICENSE RENEWALS Commercial Aspen Waste Systems New Earth Services 2523 Wabash Avenue P.O. Box 21553 St. Paul, MN Eagan, MN Haul-Tech 7675 W. Highway 13 Savage, MN 2002 TRASH HAULER LICENSE RENEWALS Residental Nitti Sanitation Tennis Sanitation P.O. Box 27 421 9 b Avenue South St. Paul, MN St. Paul Park, MN New Earth Services DSI/LSI (Dick's & Lakeville) P.O. Box 21553 P.O. Box 769 Eagan, MN Lakeville, MN 2002 TRASH HAULER LICENSE RENEWALS Construction/Demo Aspen Waste Systems Keith Krupenny & Son 2523 Wabash Avenue 1214 Hall Avenue St. Paul, MN West St. Paul, MN Alpha Construction Tennis Roll Off 6580 135a' Street West 421 9a' Avenue Apple Valley, MN St. Paul Park, MN Buckingham Companies Total Sanitation 5980 Credit River Road 6417 Penn Avenue Prior Lake, MN Richfield, MN All-Star Disposal Clean Sweep 7845 E. Boyd Court 8600 Hansen Avenue Inver Grove Heights, MN Shakopee, MN Dan's Container Twin City Refuse & Recycling Box 87 318 West Water Street Newport, MN St. Paul, MN 3a Haul-Tech DSI LSI (Dick's & Lakeville) 7675 W. Highway 13 P.O. Box 769 Savage, MN Lakeville, MN 33 1 Agenda Information Memo November 8, 2001 Eagan City Council Meeting CONSENT AGENDA: E. APPROVE 2002COMMERCIAL FERTILIZER LICENSE RENEWALS Action to be considered: Approve 2002 Commercial Fertilizer License Renewals. Facts: • Staff has reviewed the renewal applications and deem them in order. • Strictly for informational purposes, recent correspondence has been received at the City and articles have appeared in the Pioneer Press and Star Tribune regarding metro-area municipalities banning the use of lawn fertilizers containing phosphorus. Staff compiled the following information regarding phosphorus- based fertilizers: • The City of Eagan currently enforces City Code 6.48, which asserts that all recipients of commercial fertilizer licenses must use fertilizers that contain less than 3% phosphorus. However, Eagan City Code 6.48 does not limit the phosphorus content of fertilizers that are purchased by individuals to be used on their own property, i.e. Eagan residents and businesses are currently able to purchase a phosphorus-based fertilizer from a lawn care store and apply it to their property- • Phosphorus in fertilizers can lead to contamination of lakes and ponds resulting from rain run-off from residential and commercial lawns. One pound of phosphorus creates approximately 500 pounds of algae. • Recently, the City of Minneapolis enacted an ordinance that bans the use of all phosphorus fertilizers, both on commercial and residential properties. Six other municipalities in the metropolitan area have enacted ordinances that ban phosphorus-based fertilizers, and a similar ordinance is soon expected to be introduced in St. Paul. Direction to amend City Code 6.48 would be needed should the City Council desire to take action to further restrict phosphorus-based fertilizers. Attachment: • List of applicants is attached as page number 31V 2002 COMMERICAL FERTILIZER LICENSE RENEWALS Weedman New Frontier 6846 Washington Avenue S. 16952 Jonquil Trail Eden Prairie, MN Lakeville, MN TruGreen Chemlawn 14360 Ewing Avenue Burnsville, MN 3S.' Agenda Information Memo November 8, 2001 Eagan City Council Meeting CONSENT AGENDA: F. APPROVE 2002 TOBACCO LICENSE RENEWALS Action to be considered: Approve 2002 Tobacco License Renewals. Facts: • Staff has reviewed the renewal applications and deem them in order. Attachment: • List of applicants is attached as pages 32through 3 g X36 2002 TOBACCO LICENSE RENEWALS Eagan E-Z Stop Walgreens #5081 4195 Nicols Road 4220 Lexington Avenue Eagan, MN Eagan, MN Walgreens #2766 Walgreens #1773 2010 Cliff Road 1278 Town Centre Drive Eagan, MN Eagan, MN Lost Spur Golf Club Stark's Saloon 2750 Highway 13 3125 Dodd Road Eagan, MN Eagan, MN Holiday Stationstore #68 Holiday Stationstore #232 1065 Diffley Road 4595 Nicols Road Eagan, MN Eagan, MN Holiday Stationstore #247 Holiday Stationstore #318 3615 Pilot Knob Road 3044 Holiday Lane Eagan, MN Eagan, MN Sam's Club Cub Foods 3035 Denmark Avenue 1940 Cliff Lake Road Eagan, MN Eagan, MN Pro Stop Kwik Trip 850 Lone Oak Road 3145 Dodd Road Eagan, MN Eagan, MN MGM Spirits E&M Liquor 4182 Pilot Knob Road 1444 Yankee Doodle Road Eagan, MN Eagan, MN Cellars Wines & Spirits Eagan Amoco 2113 Cliff Road 4205 Nicols Road Eagan, MN Eagan, MN PDQ Store #214 Sid's Discount Liquor 4198 Pilot Knob Road 3900 Beau D'Rue Drive Eagan, MN Eagan, MN Big Top Liquors Green Mill 1284 Town Centre Drive 1940 Rahncliff Road Eagan, MN Eagan, MN SuperAmerica #4049 SuperAmerica #4182 4200 East Highway 13 1406 Yankee Doodle Road Eagan, MN Eagan, MN SuperAmerica #4335 SuperAmerica #4464 1379 Town Centre Drive 2250 Cliff Road 37 Eagan, MN Eagan, MN Cedar Cliff Amoco First Tobacco 4600 Slater Road 1430 Yankee Doodle Road Eagan, MN Eagan, MN Byerly's Byerly's Wines & Spirits 1299 Promenade Place 1299 Promenade Place Eagan, MN Eagan, MN Joe Senser's Tom Thumb 3010 Eagandale Place 1815 Diffley Road Eagan, MN Eagan, MN Cedarvale Texaco Food Market McG's 3830 Sibley Memorial Highway 1969 Silver Bell Road Eagan, MN Eagan, MN Liquor Shoppe Houlihan's 4250 Lexington Avenue 1294 Promenade Place Eagan, MN Eagan, MN Rainbow Foods 1276 Town Centre Drive Eagan, MN 3 8' Agenda Information Memo November 8, 2001 Eagan City Council Meeting CONSENT AGENDA: G. Approve 2002 Tree Contractor License Renewal Action to be considered: Approve 2002 Tree Contractor License Renewal for Houston's Tree Service 14847 Haven Drive, Apple Valley, MN. Facts: • Staff has reviewed the renewal application and deem it in order. Attachment: • None 39 Agenda Information Memo November 8, 2001 Eagan City Council Meeting CONSENT AGENDA: H. APPROVE APPLICATION FOR LAWFUL GAMBLING EXEMPT PERMIT - FAITHFUL SHEPHERD CATHOLIC SCHOOL Action to be considered: Approve application for Lawful Gambling Exempt Permit for Faithful Shepherd Catholic School for a raffle to be held January 26, 2002. Facts: • Faithful Shepherd Catholic School is requesting a permit for a raffle to be held at 3355 Columbia Drive on Saturday, January 26, 2002. • Staff has reviewed the application and deem it in order. Attachment: • Application is attached without page number. D Agenda Information Memo November 8, 2001 Eagan City Council Meeting 1. APPROVE REVISED CONTRACT 98-15 (ENERGY ALTERNATIVES) AND CHANGE ORDER TO CONTRACT 98-15 (ZIEGLER POWER SYSTEMS)-EAGAN CAMPUS BACK-UP/PEAK SHAVING GENERATOR ACTION TO BE CONSIDERED: To approve the revised Contract 98-15 (Energy Alternatives) and Change Order to Contract 98- 15 (Ziegler Power Systems) - Eagan Campus Back-up/Peak Shaving Generator FACTS: • In the spring and summer of 1998 the City Council approved the required contracts to provide for the installation of a stand by generator for the municipal campus. Since that approval, the location for placement of the generator has changed a number of times due to a variety of circumstances. • The delay in installation and the related changes to the project have made the original contracts obsolete. The contract documents have been updated to reflect the revised arrangements that have been agreed to by the various parties through a long and arduous negotiation process. • The financing for the project was approved by the City Council at the regular meeting held on August 7, 2001. • The documents are not included in the packet but are available, if any member of the City council would like to review them. i Agenda Information Memo November 8, 2001 Eagan City Council Meeting 1 , 2002 Joint Powers Agreement for the Dakota County Drug Task Force ACTION TO BE CONSIDERED: To approve a Joint Powers Agreement that would allow the City of Eagan to continue its participation in the Dakota County Drug Task Force. FACTS: • The City of Eagan has participated in a Drug Task Force since 1987 by providing a fulltime investigator. • The task force is currently made up of the following consortium of governmental jurisdictions: Apple Valley, Burnsville, Eagan, Lakeville, South St. Paul, Savage, West St. Paul, Farmington, Hastings, Inver Grove Heights, Rosemount, and the Dakota County Sheriff's Office. • The City of Mendota Heights is joining the task force in 2002. • The aforementioned governmental agencies have entered into a joint powers agreement to support and maintain the Dakota County Drug Task Force. ATTACHMENTS: • The original copy of the Joint Powers Agreement. - ~7 • y.3 • A "Cash Match" form that entitles the City of Eagan to $14,050.00 in reimbursement _ for the wages and benefits the city spends on the officer assigned to the task force. - S 2 o2 DAKOTA COUNTY DRUG TASK FORCE 2002 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes §471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Drug Task Force. 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: City of Apple Valley City of Mendota Heights City of Burnsville City of Rosemount City of Eagan City of Savage City of Farmington City of South St. Paul City of Hastings City of West St. Paul City of Inver Grove Heights Dakota County City of Lakeville _ 4. State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the Dakota County Drug Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ("grant funds"). The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5.1 The governing board of the Task Force shall be constituted as follows: The police chief or sheriff of each party shall appoint one board member to serve at the chief's or sheriff's pleasure. The Dakota County Attorney shall appoint one board member to serve at the County Attorney's pleasure. Board members appointed by the police chiefs and DAKOTA COUNTY DRUG TASK FORCE' 1 2002 JOINT POWERS AGREEMENT ~3 sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. 5.2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members a chair, a vice- chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of two-thirds (2/3rds) of the members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1 The Board will formulate a program to carry out its purpose. 6.2 The Board will coordinate intelligence between the members and the Task Force. 6.3 The Board shall appoint and supervise the Agent-in-Charge of the Task Force. The Board may also appoint and supervise Team Leader(s) of the Task Force; this appointment will be with the concurrence of the agent's member agency. 6.4 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its power. 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the. interests of the Task Force. 6.7 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. DAKOTA COUNTY DRUG TASK FORCE 2 2002 JOINT POWERS AGREEMENT L~ 6.8 The Board may recommend changes in this Agreement to its members. 6.9 The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 6.10 The Board will purchase liability insurance, which shall be payable from Task Force funds, and the Dakota County Drug Task Force may not take any actions under this Agreement until such liability insurance is in effect. 6.11 The Board may receive real or personal property by grant, devise or bequest for the use of the Task Force. 7. Finance. 7.1 The members intend to fund the 2002 cost of operation of the Task Force totaling $1,336,362 as follows: (1) $258,397 from 2002 grant funds, and (2) $1,077,965 in matching funds from member cities and County. Matching funds shall fund the continued cost of maintaining the replacement officers for the full-time officer assigned by some members to the Task Force. Additional matching funds shall come from forfeiture funds, and $10,000 from the Dakota County Sheriff's contingent fund for drug and alcohol investigations. All funds will be spent in federally authorized program areas. 7.2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the City of Burnsville depository without the signature of the Task Force Secretary/Treasurer or Agent-in-Charge, or the Chairman in the absence of the Secretary/Treasurer or Agent-in-Charge. 7.3 The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the Secretary/Treasurer. 7.4 The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds will be used to pay the 2002 salary and benefits of the full-time officer hired.to replace the officer assigned to the Task Force by some members. 7.5 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. DAKOTA COUNTY DRUG TASK FORCE 3 2002 JOINT POWERS AGREEMENT a 7.6 The Board may not incur debts. 7.7 The Task Force's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the Task Force receiving at least $258,000 in grant funds in 2002. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agent. 8.1 Each member shall assign one experienced, licensed peace officer to serve on the Task Force as follows: City of Apple Valley One (1) Full Time Equivalent (FTE) City of Burnsville One (1) FTE City of Eagan One (1) FTE City of Farmington One Seventeen-Hundredth (.17) FTE City of Hastings One Half (.50) FTE City of Inver Grove Heights One (1) FTE City of Lakeville One (1) FTE City of Mendota Heights One Quarter (.25) FTE City of Rosemount One Twenty-Hundredth (.20) FTE City of Savage One Quarter (.25) FTE City of South St. Paul One Half (.50) FTE City of West St. Paul One (1) FTE Dakota County Five (5) FTE 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent-in-Charge or, in his/her absence, by the Team Leader assigned by the Agent-in-Charge to act in his/her behalf. 8.5 The member appointing the Agent shall furnish the Agent a weapon and a vehicle and pay any lease payments, insurance, maintenance and operating costs of the vehicle. DAKOTA COUNTY DRUG TASK FORCE 4 2002 JOINT POWERS AGREEMENT Z/ 6 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the Task Force as shown in 8.1. 9.' Agent-in-Charge and Team Leader(s). 9.1 From the full-time Agents assigned by members, an Agent-in-Charge shall be appointed by the Board and serve at its pleasure. The Agent-in-Charge must be a full- time, licensed supervisory peace officer of a member. The Agent-in-Charge shall remain an employee of the member city or County. 9.2 The Agent-in-Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Agent-in-Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management and intelligence management. The Agent-in- Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent- in-Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-in-Charge will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. The difference between the rate of pay the Agent-in-Charge would normally have received from the member agency and the rate of pay for the member's first-line supervisor will be paid by the Task Force. 9.3 The Agent-in-Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member agency only during that time that the Agent-in-Charge is absent. The difference between the rate of pay, if any, the Team Leader(s) would normally. have received from the member agency. and the rate of pay for the member's first-line supervisor, however, will be paid by the Task Force to the member agency. The Team Leader(s) shall remain an employee of the member city or County at all times. 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Agent- in-Charge is absent, shall be the same as the Agent-in-Charge as described in paragraph DAKOTA COUNTY DRUG TASK FORCE 5 2002 JOINT POWERS AGREEMENT 0 9.2 herein. If there is more than one Team Leader, the Agent-in-Charge will assign one Team Leader to act as Agent-in-Charge while the Agent-in-Charge is absent. 10. Forfeiture, Seizures and Fines. Items that are seized by the Task Force may be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. All remaining forfeited items shall be divided among Task Force members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution monies ordered paid to the Task Force by Court Order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force to the extent not covered by insurance. This Agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 12. Duration. 12.1 This Agreement shall take full effect on January 1, 2002. All members need not sign the same copy. The signed Agreement shall be filed with the City of Burnsville, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 12.2 This Agreement shall terminate on December 31, 2002, unless extended by further written agreement of the parties. 12.3 This Agreement may be terminated at any time by the written agreement of a majority of the members. 12.4 Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. DAKOTA COUNTY DRUG TASK FORCE 6 2002 JOINT POWERS AGREEMENT Approved by the City Council CITY OF APPLE VALLEY Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF BURNSVILLE Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF EAGAN Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF FARMINGTON Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF HASTINGS Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 7 2002 JOINT POWERS AGREEMENT a Approved by the City Council CITY OF INVER GROVE HEIGHTS Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF LAKEVILLE Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF MENDOTA HEIGHTS Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF ROSEMOUNT Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF SAVAGE Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 8 2002 JOINT POWERS AGREEMENT SD Approved by the City Council CITY OF SOUTH ST. PAUL Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF WEST ST. PAUL Date By Date of Signature Attest Date of Signature Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. By Date of Signature Dakota County Attorney's Office Approved as to Form (Asst County Atty): Dakota County Judicial Center 1560 Highway 55 By Hastings, MN 55033 Date of Signature 651-438-4438 Approved as to Execution (Asst County Atty): By Date of Signature DAKOTA COUNTY DRUG TASK FORCE 9 2002 JOINT POWERS AGREEMENT S/ 0 • NT--0F -SAFETY OFFICE OF DRUG POLICY & FORM 4 VIOLENCE PREVENTION CASH MATCH Task Force Name: DAKOTA COUNTY DRUG TASK FORCE Grant Period: January 1, 2002 - December 31, 2002 Federal Fiscal Year 2001 INSTRUCTIONS 1. The purpose of this form is to identify the amount of 5. These funds must be identified in state or local cash to be contributed as a matching contribution and to agency budgets or appropriations and must be in assure that the match in question conforms to definition and addition to fund that would otherwise be made standards established by the federal government. avail-able for drug enforcement purposes. Identification requires an earmarking in some 2. Type title of project in upper left corner of form. document associated with the appropriation or budget process. 3. In the body of the form list the name and address of the contributing organization and show the total amount of the 6. If a further explanation of allowable and cash contribution in the column entitled "amount." unallowable match is needed contact the Minnesota Office of Drug Policy & Violence Prevention at 651- 4. Certification of match must be signed and dated by the 284-3333. authorized official of each contributing organization. The designated cash match appearing within this Use additional pages, as necessary. application represents funds which are in addition to funds that would otherwise be made available for drug enforcement. NAME AND ADDRESS OF CONTRIBUTING ORGANIZATION(S) AMOUNT City of Eagan 3830 Pilot Knob Rd, Eagan, MN 55122 6,515.93 TOTAL CASH CONTRIBUTION ► $ CERTIFICATION OF MATCH NAME TITLE ORGANIZATION DATE Patricia Awada Mayor City of Eagan X FORM 4 - OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION (512001) EV Agenda Information Memo November 8, 2001 K. PROJECT 7598, BEAU D'RUE STREET UPGRADE ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 759R (Beau D'Rue - Street, Utility and Trail Improvements) and schedule a public hearing to be held on December 11, 2001. FACTS: • During 1999, the City Council commissioned a study regarding the potential for the redevelopment of the Cedar Grove (Cedarvale) area. This conceptual plan, Village Plaza, proposed an upgrade of Beau D' Rue and Silver Bell Road, as well as the reconfiguration of the intersections of Silver Bell Road and Cedarvale Boulevard. • On September 17, 2001, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for street, utility and trail improvements on Beau D'Rue, from Nicols Road to Gold Trail. • The proposed improvements consist of the reconstruction of Beau D'Rue, from Nicols Road to 550' north of Rahn Road, including a center median for future landscaping, and necessary utility improvements. The improvements are in accord with the Village Plaza study for the redevelopment of the Cedar Grove area. • The reconstruction of Beau D'Rue is programmed for 2002 in the City of Eagan's 5-Year CIP (2002-2006). • This draft feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the adjacent property owners prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. S"3 0 Agenda Information Memo November 8, 2001 Eagan City Council Meeting L. PROJECT 794, RIVER HILLS 9TH ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 794 (River Hills 9`h Addition- Street Improvements) and schedule a public hearing to be held on December 11, 2001. FACTS: • On September 17, 2001 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets in the River Hills 9' Addition area, including Metcalf Drive, Clark Street, Clark Court and Medary Avenue. • The bituminous recycling of the streets within the River Hills 9' neighborhood is programmed for 2002 in the City of Eagan's 5-Year CIP (2002-2006). • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for December 11, 2001. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. v Agenda Information Memo November 8, 2001 M. PROJECT 855, OAK CHASE 6TH AND CHES MAR EAST ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 855 (Oak Chase 6' and Ches Mar East Additions - Street Overlay) and schedule a public hearing to be held on December 11, 2001. FACTS: • On September 17, 2001, the City Council directed staff to prepare a feasibility report considering street rehabilitation for the streets within the Oak Chase 6' and Ches Mar East Additions. • The neighborhood includes Birchcrest Circle, Canterbury Circle, Gabbert Circle, Horizon Circle, Kirkwood Circle, Kirkwood Drive, Mapleleaf Circle, Oak Chase Way (from Oak Chase Lane to Cliff Ridge Court), and Parkview Lane, all located to the northeast and northwest of the intersection of Cliff Road and Lexington Avenue. • The bituminous resurfacing of the streets within the Oak Chase 6' and Ches Mar East neighborhoods are programmed for 2002 in the City of Eagan's 5-Year CIP (2002- 2006). • This draft feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the residents prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. S~ Agenda Information Memo November 8, 2001 N. PROJECT 849. DEERWOOD PLACE STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 849 (Deerwood Place - Storm Mitigation Improvements) and schedule a public hearing to be held on December 11, 2001. FACTS • On October 16, 2001, the City Council directed staff to prepare a feasibility report considering storm water drainage system mitigation improvements in the portion of Engstroms Deerwood Addition affected by the July 2000 Super Storm. • The area of Engstroms Deerwood Addition impacted by the July 2000 storm included properties on Deerwood Place, southwest of Pilot Knob Road and Deerwood Drive. • City staff only learned about the impacts from the July 2000 storm in the Deerwood neighborhood in August 2001. For this reason the area was not included as an impacted property in the Preliminary Design Report (April 2001). • Upon a preliminary review of the impacts to the neighborhood and an evaluation of the existing storm drainage system, it appears that the area does not meet the City's design standards for a I% probability rainfall event. • This draft feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the residents prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. ~6 Agenda Information Memo November 8, 2001 0. PROJECT 801, SILVER BELL ROAD STREET OVERLAY ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 801 (Silver Bell Road - Street Overlay) and schedule a public hearing to be held on December 11, 2001. FACTS: • During 1999, the City Council commissioned a study regarding the potential for the redevelopment of the Cedar Grove (Cedarvale) area. This conceptual plan, Village Plaza, proposed an upgrade of Silver Bell Road and Beau D' Rue, as well as the reconfiguration of the intersection of Silver Bell Road and Cedarvale Boulevard. • On September 17, 2001, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for street rehabilitation on Silver Bell Road, from Alder Lane to Blackhawk Road. • The proposed improvements consist of the complete mill and overlay of Silver Bell Road, from Alder Lane to Blackhawk Road. The improvements would tie into the reconfiguration of the intersections of Silver Bell Road, Beau D'Rue and Cedarvale Boulevard. • The resurfacing of Silver Bell is programmed for 2002 in the City of Eagan's 5-Year CIP (2002-2006). • This draft feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the adjacent property owners prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. o Agenda Information Memo November 8, 2001 Eagan City Council Meeting P. CONTRACT 01-09A, LIFT STATION UPGRADES STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 01-09A (Lift Station Upgrades - Storm Mitigation Improvements), award the contract to S. M. Hentges & 'Sons for the base bid in the amount of $405,816.20, and authorize the Mayor and Deputy Clerk to execute all related documents. FACTS: • On April 3, 2001, the City Council authorized the preparation of detailed plans and specifications for storm mitigation improvements addressing the operation and management of the City's drainage system. • Contract 01-9A provides for the relocation of the electrical control panels at six storm sewer lift stations within the City, as well as the raising of four access hatches and associated grading as presented in the feasibility report for Project 810. The installation of new sluice gates for the Holland and Hurley lift stations is also included. • On October 2, 2001, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 01-09A. • At 10:30 a.m. on November 1, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from S.M. Hentges & Sons has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Tabulation, page. ~v N city of cagan STORM SEWER LIFT STATION REHABILITATION CITY PROJECT NO. 810 CITY OF EAGAN, MINNESOTA CITY CONTRACT NO. 1-09A SEH No. A-EAGAN0102.00 Bid Date: THURSDAY, NOVEMBER 19 2001 Bid Time: 10:30 A.M. Contractor Base Bid 1. S.M. Hentges & Sons, Inc. $405,516.20 2. Jay Bros., Inc. $478,545.75 3. Barbarossa & Sons, Inc. $532,146.00 Base Bid - Storm Sewer Lift Station Rehabilitation - City Project No. 810 $4059516.20 Engineer's Estimate* $385,115.00 % Over Engineer's Estimate +5.3% * Same as Feasibility Study Estimate. CAWtNDOWS%TEMPkitybidmview.d= ~•I i Agenda Information Memo November 8, 2001 Eagan City Council Meeting Q. CONTRACT 01-04, CENTRAL PARKWAY/ NORTHWOOD PARKWAY & COMMUNITY CENTER STREET, UTILITY & GRADING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 01-04 (Central Parkway/ Northwood Parkway & Community Center - Street, Utility & Grading Improvements) and authorize the Mayor and Deputy Clerk to execute all related documents. FACTS: • Contract 01-04 provides for the street and utility improvements for Central Parkway from Pilot Knob Road to the Community Center entrance and Northwood Parkway approximately 400 feet east of Pilot Knob Road (City Project No. 790R). It also provides for grading and utility improvements on the Community Center/ Central Park site, as authorized by the City Council with approval of the Central Park Master Plan. • The change order provides for the construction of a paved service drive (approximately 325 feet) between two Lockheed-Martin parking lot areas along the west edge of the property. This construction is in accordance with the Principles of Agreement for Right-of-Way Acquisition between Lock heed-Martin and the City, approved by the City Council August 7, 2001 as mitigation for the loss of parking stalls due to the improvement. • The change order provides for the clearing and grading of Northwood Parkway from Marice Drive to I-35E. This grading is in anticipation of the future construction of the Northwood Parkway street and bridge improvements over I- 35E, and will utilize excavated material from the City property in accordance with the Land Swap Agreement between the City and Mr. Larry Wenzel as part of the Effress 2°d Addition, approved by the City Council May 1, 2001. • The change order provides for the addition and revision of items of work for both the Community Center site and Central Parkway not anticipated with the original Contract plans and specifications. These items include bituminous pavement reclamation, the deletion of sanitary sewer along Yankee Doodle Road, revisions to the Community Center storm sewer system, the reduction of the select granular borrow unit prices due to on-site mining of materials, and other various minor relocations and adjustments of structures and landscaping along Central Parkway. • The change order also provides for the revision of the interim completion date for the Community Center's grading and utilities and Central Parkway's grading, utilities, and street work (through the bituminous base course) from October 31, 2001 to November 30, 2001. This revision is necessary with the later than anticipated contract award date due to the unavailability of the necessary right-of- way. v • The additional work under this change order is to be completed under original bid unit prices and negotiated unit prices, comparable to other bid unit prices on City projects for similar work. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of approximately $47,700 (2.2% of original contract). The cost of the additional work will be the responsibility of the City Major Street Fund. Agenda Information Memo November 20, 2001 Eagan City Council Meeting R. CONTRACT 00-05,2000 CITYWIDE TRAIL IMPROVEMENTS (THOMAS LAKE & GOAT HILL PARKS) ACTION TO BE CONSIDERED: To approve the final payment for Contract 00-05 (2000 Citywide Trail Improvements) in the amount of $19,101.07 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 00-05 provided for the construction of various new bituminous trail segments, the bituminous maintenance overlay of certain existing trails throughout the City, as outlined in the feasibility report for Project 785. It also provided for the reconstruction of a portion of the Thomas Lake Park parking lot and the bituminous paving of the ice rink area at Goat Hill Park. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ~c;2 Agenda Information Memo November 8, 2001 S. CONTRACT 99-Z, OAKPOINTE OF EAGAN TWO ACKNOWLEDGE COMPLETION/ AUTHORIZE CITY MAINTENANCE ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 99-Z (Oakpointe of Eagan Two - Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Oakpointe of Eagan Two is a 17-lot single-family subdivision constructed on the west side of Galaxie Avenue, south of Plaza Drive and Cliff Road. This development required the installation of public sanitary sewer, water main, and storm sewer and private streets that was performed privately by the developer under the terms and conditions of the development contract agreement. • The public improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. i Agenda Information Memo November 8, 2001 T. PROJECT 771, LEXINGTON AVENUE DIVIDED FOUR-LANE UPGRADE ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 771 (Lexington Avenue - Divided Four-Lane Upgrade) with the owner of Parcels 10-01000-010-06 and 10-45001-010-00 (United States Postal Service) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency in partnership with the Dakota County Highway Department in the upgrade of Lexington Avenue (CSAH 43) to a four-lane divided highway between Lone Oak Road and Yankee Doodle Road and includes the installation of new traffic control signals at the intersections of Northwood Parkway/Neil Armstrong Boulevard and Clubview Drive. • The upgrade of Lexington Avenue required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The appraisal of the easements for said USPS property indicated a value of $22,850. The City was not able to acquire the needed USPS easements through the Eminent Domain process due to the federal government's objection. • In lieu of cash payment for the needed easements, the USPS requested street and drainage improvements to benefit the operations of the USPS facilities. In order to settle and complete the Lexington Avenue improvements, staff suggested improvements that were similar in value to the appraisal and would provide a finished appearance for the Lexington Avenue upgrade. The property owner has consented to this offer. • City staff originally contacted USPS representatives in September 2000. Several meetings, teleconferences, written correspondences and telephone communications occurred between September 2000 and September 2001. The USPS finally agreed to allow the contractor access to USPS property on September 14, 2001. • The contract work items included driveway work, fence relocation, storm drainage and right- turn lane improvements for the benefit of the USPS. The right-turn lane improvements will also benefit the traffic operations of the County highway. • An agreement between the City of Eagan and the USPS has been prepared providing for the compensation of the acquisition of all necessary easements. • Engineering staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to withhold discussion until the Executive Session. 6~ Agenda Information Memo November 8, 2001, Eagan City Council U. VACATION OF EASEMENTS, VACATION OF PUBLIC RIGHT-OF- WAY, AND FINAL SUBDIVISION (EFFRESS SECOND ADDITION) - GLEN PONDS II, LLC ACTION TO BE CONSIDERED: To approve the Vacation of public drainage and utility easements within Lots 1 and 2, Block 2 and Lots 1, 2 and 3, Block 3, Effress Addition. To approve the Vacation of a portion of the public right-of-way for Marice Drive. To approve a Final Planned Development and Final Subdivision (Effress Second Addition) to create 4 lots on 24.6 acres located east of Pilot Knob Road and north of Marice Drive in the SW 1/4 of Section 10. FACTS: • The Council held a public hearing regarding the vacation of Marice Drive right-of-way on May 2, 2000. • The Council held a public hearing regarding the vacation of existing drainage and utility easements within the subject site on October 16, 2001. New drainage and utility easements are being dedicated with the Effress Second Addition plat. • The Council approved the Rezoning/Preliminary Planned Development and Preliminary Subdivision for Effress Second Addition on June 5, 2000. • All necessary documents are anticipated to be in order for execution at the regular meeting of the City Council on November 8, 2001. ATTACHMENTS: Location Map, page /0/ Area of right-of-2 yd easement vacations, page Final Plat, page ~ 6s MEND 0TA HEIGHTS zn~ F\(l INTERSTATE 494 lunVI 4" BLL 9-12-01 ~hhy, ~9 C~ ~ Pp a° i Y 0 ~ LONE OAK ROAD ❑ LONE ROAD PROPOSED VACATION w Q 0 z 0 O z ~ X im w 9TE OR J J I` YANKEE DOODLE ROAD L DR. o❑ - . D Q WESCOTT ROAD PROPOSED UTILITY EASEMENT VA TION EFFRESS ADDITION 9-13-2001 City of Eagan LOCATION MAP 66 i LEGAL DESCRIPTION OF UTILITY EASEMENTS AND ALSO DRAINAGE EASEMENTS WHICH WERE CREATED IN THE PLAT OF EFFRESS ADDITION, DAKOTA COUNTY, MINNESOTA PROPOSED TO BE VACATED. DRAINAGE AND UTILITY EASEMENTS, ALONG WITH NEW ONES, WILL BE REDEDICATED IN THE PLAT OF GLEN POND SECOND ADDITION WHICH IS IN THE PROCESS OF BEING CREATED. LEGAL DESCRIPTION OF UTILITY EASEMENTS TO BE VACATED: it Those utility easements which were dedicated and/or created on EFFRESS ADDITION, sf according to the recorded plat thereof, Dakota County, Minnesota lying within Lots I and 2, ii Block 2, AND ALSO, those utility easements lying within Lots 1, 2, and 3, Block 3, all within said plat of EFFRESS ADDITION, according to the recorded plat thereof, Dakota County, it Minnesota LEGAL DESCRIPTION OF DRAINAGE EASEMENTS TO BE VACATED: I ' y Those drainage easements which were dedicated and/or created on EFFRESS ADDITION, 14 according to the recorded plat thereof, Dakota County, Minnesota lying within Lot 2, Block 2, of It said plat of EFFRESS ADDITION, according to the recorded plat thereof, Dakota County, N Minnesota. -Frx_ 1. 1J1 0 ' ib - ~ Q ` f I Cf) M -4 t I Z m ?%f N co i t Z t '~s}t 0 NZ I 1 f 'O I O I D v 411, F> * ` r o co) mIr r; II t y ~V o/7 1 N ~s N yJ' 1 D 4 ~q 4 C vkk~` . - , y - - Y/ q~ 74,' 'g • -lam ~ '~i v ^y~a „w b.~q• 2 b J ,n / / y Agenda Information Memo November 8, 2001, Eagan City Council V. FINAL SUBDIVISION (FINCH PLACE) - BASIC BUILDERS, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Finch Place) to create 23 lots on 12.6 acres located north of Red Pine Lane and east of Hwy. 3 in the E %2 of Section 36. FACTS: • The Council approved the preliminary subdivision on April 3, 2001. • All necessary documents are anticipated to be in order for execution at the regular meeting of the City Council on November 8, 2001. ATTACHMENTS: r2o Final Plat, page 69 I 11 ra./ A I- I r Tt.~- - 2 sian' S • { a W L 8~ 0 S •ngl I ~ L ~ I 9~ ~ a N ern u N 0 1 1 d 3 0 X 3 s t ! o~r Bpi • i ' vp 4 -1 1 14 N +r i ;`u---J O? s 1 ,.o ~y7, e~jl~ 1*!.~ r-" • t1~ yeti ' 1 N . 1 , , O 02 DfJt, / Ila T =a i x T` f ~ .t,' s !a Y ~s r R rT~c fall, 'a rj J*, I } I A r c; /A JV IT lei A6' 'r _j A~l ' o i_, s' Agenda Information Memo November 8, 2001 Eagan City Council Meeting W. EASEMENT VACATION AND FINAL SUBDIVISION (EAGANDALE CENTER INDUSTRIAL PARK NO. 17) - 789 COMPANY ACTION TO BE CONSIDERED: ➢ To approve the Vacation of public drainage and utility easements associated with the replat listed below. ➢ To approve a Final Subdivision (Eagandale Center Industrial Park No. 17) located along Mike Collins Drive at Apollo Road in NE of Section 11. FACTS: ➢ The preliminary subdivision was approved on September 4, 2001. ➢ A public hearing was held on the easement vacation request on October 2, 2001. The Mayor closed the public hearing and action was continued until the Final Subdivision was before the City Council. ➢ Approval of the Final Subdivision shall be contingent upon the execution of the Development Contract and receipt of required financial guarantees. ATTACHMENTS: (1) Final Plat drawing, page. i =O' Q~ Q~ Q~v t~ ~ v~ti a f ff 8 :~/1n I IN Ir_ -11/r~ T 1-1 IA! A A/ 8 ` R x n • im~.aa - --palm----.-- LOT / % 114"1 ril / r j 'ta. ra .o / \ ! • BB WKE FD INS DRIVE ..Lw„r Iv iII rA vv[ [ I~r ~`?vi / .f , L / r ` rB CZ: 'ER $TR:-'LU r~`J H v ter, V `t, d~~^ ARK f F f ' 4M P g 6~ Agenda Information Memo November 8, 2001 X. CONTRACT 98-J, PINETREE PASS ADDITION ACKNOWLEDGE COMPLETION/ AUTHORIZE CITY MAINTENANCE ACTION TO BE CONSIDERED: To acknowledge the completion of Project 98-J (Pinetree Pass Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Pinetree Pass Addition is a 4-lot single-family subdivision constructed on the north side of Covington Lane, between Beacon Hill Road and Sherwood Way. This development required the installation of public sidewalk and sanitary sewer & water main services that was performed privately by the developer under the terms and conditions of the development contract agreement. • The public improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. 93 o Agenda Information Memo November 8, 2001 Y. CONTRACT 98-N. PINETREE PASS 2ND ADDITION ACKNOWLEDGE COMPLETION/ AUTHORIZE CITY MAINTENANCE ACTION TO BE CONSIDERED: To acknowledge the completion of Project 98-N (Pinetree Pass 2nd Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Pinetree Pass 2nd Addition is a 30-lot single-family subdivision constructed on the south side of the intersection of Cliff Road and Thomas Lake Road, along Stonecliffe Drive and Thomas Lane. This development required the installation of public sanitary sewer, water main, and storm sewer and streets that was performed privately by the developer under the terms and conditions of the development contract agreement. • The public improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. Agenda Information Memo November 8, 2001 Z. CONTRACT 98-0, PINETREE PASS 3RD ADDITION ACKNOWLEDGE COMPLETION/ AUTHORIZE CITY MAINTENANCE ACTION TO BE CONSIDERED: To acknowledge the completion of Project 98-0 (Pinetree Pass 3rd Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Pinetree Pass 3rd Addition is a 11-lot single-family subdivision constructed on the south side of the intersection of Cliff Road and Thomas Lake Road, along Stonecliffe Drive. This development required the installation of public sanitary sewer, water main, and storm sewer and streets that was performed privately by the developer under the terms and conditions of the development contract agreement. • The public improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. Agenda Information Memo November 8, 2001 AA. CONTRACT 99-F, PINETREE PASS 4TH ADDITION ACKNOWLEDGE COMPLETION/ AUTHORIZE CITY MAINTENANCE- ACTION TO BE CONSIDERED: To acknowledge the completion of Project 99-F (Pinetree Pass 4t' Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Pinetree Pass 4'h Addition is a 20-lot single-family subdivision constructed on the south side of the intersection of Cliff Road and Thomas Lake Road, and east of Stonecliffe Drive. This development required the installation of public sanitary sewer, water main, and storm sewer and streets that was performed privately by the developer under the terms and conditions of the development contract agreement. • The public improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. ~v Agenda Information Memo November 8, 2001 BB. CONTRACT 98-PP, OAKBROOKE ADDITION ACKNOWLEDGE COMPLETION/ AUTHORIZE CITY MAINTENANCE ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 98-PP (Oakbrooke Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Oakbrooke Addition is a 79-lot single-family subdivision constructed on the north side of the intersection of Diffley Road and Johnny Cake Ridge Road. This development required the installation of public sanitary sewer, water main, and storm sewer and streets that was performed privately by the developer under the terms and conditions of the development contract agreement. • The public improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. i Agenda Information Memo November 8, 2001 Eagan City Council Meeting CC. APPROVE RESOLUTION CALLING FOR PUBLIC HEARING ON THE PROPOSED ESTABLISHMENT OF TIF DISTRICT 2-4 ACTION TO BE CONSIDERED: To approve a resolution calling for a Public Hearing by the City Council on the proposed establishment of Tax Increment Financing District No. 4, a redevelopment district located within Northeast Eagan Project Area No. 2., and the adoption of the plans therefor. FACTS: • The Economic Development Authority has a resolution on its November 8, 2001 agenda to request that the City Council schedule a Public Hearing for the purpose of establishing a Tax Increment Financing redevelopment district in the Northeast Eagan Project Area. • A number of developers continue to express interest in redevelopment opportunities within the proposed TIF district in the Highway 55 corridor between 1-35E and Highway 149. • The Public Hearing, for the purposes of establishing the notification schedule, will be set for the second regular meeting of the City Council in 2002, but not earlier than January 15, 2002. ATTACHMENTS: • Resolution is attached on page CITY OF EAGAN, MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 4, A REDEVELOPMENT DISTRICT LOCATED WITHIN THE NORTHEAST EAGAN PROJECT AREA NO. 2, AND THE ADOPTION OF THE PLANS THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of Eagan, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall, at its second regular meeting of 2002, at approximately 6:30 p.m., hold a public hearing on the proposed adoption of the establishment of Tax Increment Financing District No. 4, (a redevelopment district), located within the Northeast Eagan Project Area No.2, and the proposed adoption of the Plans therefor, all pursuant to and accordance with Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to work with Ehlers and Associates, Inc., to prepare the establishment of Tax Increment Financing District No. 4, and to forward documents to the appropriate taxing jurisdictions including Dakota County and Independent School District No. 197. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to the second regular meeting of the City Council in 2002, and to place a copy of the Plans on file in the Assistant Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: November 8, 2001 Adopted: Mayor ATTEST: City Clerk a Agenda Information Memo November 8, 2001 Eagan City Council Meeting DD. APPROVE 2002 CAPITAL IMPROVEMENT PROGRAM (CIP) PART II ACTION TO BE CONSIDERED: To approve Part II (Vehicles and Equipment) of the 2002 Capital Improvement Program (CIP). FACTS: • All vehicles and equipment greater than $10,000 are budgeted in this section of the CIP. Items under $10,000 are budgeted in departmental operating budgets. • In the mid-1990s, the City Council established a policy whereby each year an amount is allocated to the Equipment Revolving Fund (ERF) for non-enterprise fund CIP Part H purchases. The allocation is based on an initial amount of $500,000 in 1993 that is increased annually by population growth and inflation factors. For 2002, the allocation is $813,677. • Items not funded by the ERF are scrutinized using the same criteria for inclusion in the CIP as those that are. • Because certain telephone system and network restructuring costs from the 2001 CIP were reallocated from enterprise and non-enterprise funds, staff essentially reduced the 2002 allocation to $779,217. • After two management meetings, in which staff from each department were afforded the opportunity to discuss their proposals and challenge other department proposals in attempts to prioritize overall City capital equipment needs, the attached list of purchases totaling $777,900 was reached by consensus. ATTACHMENTS: • Attached on page is a summary of the proposed 2002 CIP Part II purchases with the financing source identified for each unit. 9O 88 o 00 m o ro 88 8 v b ~ of E o E N S c LL 04 8 s C O N N c07 O 8 8 O Opt Of ODOO 0 70 ' ~ N l'7 C tottiv of Nhco 080 moo f- Of N N - a) M VcnV P N h P W • W ~ C t6 N °I 8 8 8 $ 8 8 8$ 8 > GO) F C Cl) 0 00 fC f0 - M c r n - f0 N C-4 N ^ C a _N H H Z r r 8 888 88 s 8 cc~ 8 ~q N O CDt- V O Oh C4 r- to (D80 NOO M M M r MAN - (D0 0)-- M CO It N ~ P r r N CD h H H H H H H H H H 0 F0 - E ED W ° of 8 I LL 13 1 a ' fir. = a H Ol N y L D N W O' D eQ W N C °O° H SO CL p pC U E p' m Y! D ~4~~° m Z R E~ ~ M~ trig o L Z. 1, 'Z E 08 2 LO CL -MCL CL > -cot, A2 W a Ir~ go ~d ~NO cl co 'ro a E~~1y Qty 'E~ > E 05 ~ v a 0.5 N W Z Z y ~ a r_ c q~• c_ mE u v z EE~Z E E > d LL S OD N d D_ U~ > JE 04 N a E a l v~l ILI 3 WY i Agenda Information Memo November 8, 2001 Eagan City Council Meeting EE. APPROVE PROCLAMATION FOR MANUFACTURERS MONTH ACTION TO BE CONSIDERED: To approve a proclamation recognizing Minnesota Manufacturers Month in the City of Eagan. FACTS: • The background materials and proclamation will be included in the Additional Information memo distributed on November 6, 2001. Agenda Information Memo November 8, 2001 Eagan City Council Meeting FF. APPROVE ADJUSTMENT TO CONTRACT BID AND CONTRACT AWARD FOR COMMUNITY CENTER CONSTRUCTION SERVICES, AND APPROVE SEPARATION OF COMMUNITY CENTER AND BANDSHELL CONTRACTS. ACTION TO BE CONSIDERED: Approval of an adjustment to the previous contract bid schedule. Concurrently, approve* contract split for Community Center services and Bandshell services. FACTS: • A bid schedule for Community Center construction services was approved at the October 16, 2001 City Council meeting. • Since this time, it has been necessary to make adjustments to two of the dates. The following schedule represents the scheduled bid events in November and December, with the adjustments to the schedule in bold italic print. November 1: Plan documents issued. November 2: Advertise for bids. November 9: Advertise for bids. Nomnher 29: Bid open. November 21- Dec 3: CM review of bids. December IL Award cot*" • Pending Council approval of the adjusted schedule, December 11 is the adjusted optimum date for contract award. • Concurrently, it is recommended that the contract for the Comnumity Center and Bandshell be split into two separate contracts (rather than Part A and Part B) to make administration of the contracts more efficient. • Both contracts would be bid at the same time and awarded the same day ATTACHMENTS: • None. ~'3 Agenda Information Memo November 8, 2001 Eagan City Council Meeting GG. APPROVE APPOINTMENT OF LAW FIRMS FOR GENERAL, PROSECUTION, AND LABOR LEGAL SERVICES ACTION TO BE CONSIDERED: To appoint Severson, Sheldon, Dougherty, & Molenda, PA as the general legal services provider for the City of Eagan. To appoint Grannis & Hauge as the prosecution legal services provider for the City of Eagan. To appoint Ratwick, Roszak, & Maloney as the labor legal services provider for the City of Eagan. FACTS: • It is the policy of the City to review all outside consulting services every six year. • An advertisement for legal RFPs went out, and ten RFPs were submitted from five legal firms. • Interview Committees were established, and all firms were interviewed. • Each of the three interview committees deliberated and made their recommendations for a legal service provider. • At the November 1, 2001 Special City Council meeting, the City Council reviewed the interview committees' recommendations, and it was the consensus of the Council to proceed in appointing the recommended legal services providers. ATTACHMENTS: Attached on pages K to 07is a memo from City Administrator Hedges explaining the legal services interview process and the recommendations of the interview committees. MEMO City of Eagan, TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 30, 2001 SUBJECT: LEGAL SERVICES RECOMMENDATIONS It is the policy of the City of Eagan to interview all outside consulting services on a six- year cycle. In accordance with the policy, legal services were one of three consulting services that were scheduled for review in 2001. An advertisement for interested legal firms was distributed on July 13, 2001. All requests for proposals (RFPs) submittals were due to the City by September 14 from all legal firms wishing to provide general, labor, and/or prosecution legal services to the City of Eagan beginning in January 2002. Once all RFPs were submitted, three interview committees were established and interviews were set with each firm. The committees conducted a 45-minute interview of each firm, consisting of a 25-minute presentation by the firm, followed by 20-minute question and answer period. The following is a list of the interview committees, the firms that were interviewed in each of the three legal services disciplines, and the final recommendations to the City Council from the interview committees. Prosecution Legal Services Committee: Tom Hedges Kent Therkelsen Detective Trent Johnson Dianne Lord Interview Date: Monday, October 8 Firms Interviewed: Kelly & Fawcett Campbell Knutson Grannis & Hauge Upon completion of the interviews, it was the unanimous recommendation of the interview committee for Grannis & Hauge to continue with prosecution services. All three of the firms are well qualified in the area of prosecution services; however, in the analysis of the firms, Kelly and Fawcett were removed from further consideration due to the fact that their firm is located in St. Paul and they do not have the familiarity with the Dakota County judicial system like the other two firms that made proposals. Grannis and i Hauge and Campbell Knutson would both be capable of providing prosecution legal services to the City of Eagan; however; the interview committee thought that Grannis & Hauge stood out for four primary reasons: 1) The firm's attorneys have been prosecuting for the City of Eagan since Eagan was incorporated, and therefore have a great deal of institutional knowledge and familiarity with the City; 2) The attorneys have strong relationships with the staff at the City, particularly in the Police Department; 3) The firm is located in Eagan and has an excellent relationship with the Dakota County judicial system; and 4) Grannis & Hauge continues to offer the same proposed billing fees as all other firms that submitted proposals. General Legal Services Committee: Tom Hedges Gene VanOverbeke Tom Colbert Mike Ridley Dianne Lord Interview Date: Monday, October 8 Firms Interviewed: Kelly & Fawcett Campbell Knutson Ratwick, Roszak, & Maloney Severson, Sheldon, Dougherty, & Molenda Much like the proposals and interviews for the prosecution firms, all four or the firms that submitted proposals for general legal services were well qualified to represent Eagan. It was the unanimous decision of the interview committee to recommend the firm of Severson, Sheldon, Dougherty, & Molenda. Upon completion of the interviews, it was the determination of the interview committee not to recommend the firm Kelly & Fawcett due to the firm's limited experience in Dakota County, and the location of their firm being in St. Paul. Likewise, Ratwick, Roszak, & Maloney were not recommended by the interview committee due to the fact that their proposal was the firm's first attempt to provide general legal services to a municipality, and consequently, the interview committee did not feel comfortable with the firm's lack of experience in municipal general legal services. The final decision came down to Campbell Knutson and Severson, Sheldon, Dougherty, & Molenda. The committee was confident that both firms would successfully serve the City of Eagan; however the deciding factors in recommending Severson, Sheldon, Dougherty, & Molenda were: 1) The firm has provided legal services to the City of Eagan since 1988 and therefore have a vast knowledge of the City's policies, procedures, and history; 2) A very positive relationship exists between Michael Dougherty, who would continue as Lead City Attorney, and the Eagan City Council and staff; 3) The firm is located in Dakota County; and 4) The firm's proposed fees are less expensive than those of Campbell and Knutson. 06 Labor Legal Services Committee: Tom Hedges Holly Duffy Kent Therkelsen Dianne Lord Interview Schedule: Thursday, October 18 Firms Interviewed: Ratwick, Roszak, & Maloney Campbell Knutson Prior to the interview process, the interview committee elected not to interview Kelly & Fawcett due to the interview committee's opinion that the firm's representation of Teamsters Local 320 Public and Law Enforcement Employee Union poses as a conflict of interest. The remaining two firms were well qualified to represent the City in legal labor services. In comparing Ratwick, Roszak, & Maloney to Campbell Knutson, it was the unanimous decision to recommend Ratwick, Roszak, & Maloney for the following reasons: 1) The firm has represented Eagan in labor legal services since 1988 and is familiar and experienced with the City's personnel policies, procedures, and staff; 2) City Administrator Hedges and Assistant City Administrator Duffy, who have the majority of contact with the labor attorney, are extremely pleased with the service Attorney John Roszak is providing; and 3) Mr. Roszak's personality and abilities in negotiations, mediations, and arbitration have been invaluable over the past 13 years. While Ratwick, Roszak, & Maloney's proposed hourly fee is somewhat higher than Campbell Knutson, the committee strongly emphasized that Mr. Roszak's familiarity with the City, as well as his overall experience as a labor attorney, lead to greater efficiency, and therefore, the number of billable hours that Attorney Roszak charges is reduced significantly. The above recommendations are unanimous opinions of the three interview committees. Should you desire any further information on the firms, or if you would like to view the proposals that the firms submitted, please feel free to contact me. The RFP and interview processes went very smoothly, and all of the firms offered thanks to the City for the opportunity to submit and present their proposals. /s/ Thomas L. Hedges City Administrator Agenda Information Memo November 8, 2001 Eagan City Council Meeting HH. APPROVE AUTHORITY OF PARTIAL DELEGATION OF LOCAL GOVERNMENT UNIT DECISIONS FOR THE WETLAND CONSERVATION ACT ACTION TO BE CONSIDERED: Approve decision authority for exemption, wetland type, wetland boundary, and no-loss determinations with the water resources coordinator while retaining approval authority for replacement and wetland banking plans. FACTS: • Minnesota Wetland Conservation Act (WCA) rules provide that a local government unit (LGU) is responsible for: 1) making exemption, wetland type, wetland boundary, and no-loss determinations as well as 2) approving replacement and wetland banking plans. • However, WCA rules permit an LGU to place decision authority for exemption, wetland type, wetland boundary, and no-loss determinations with a zoning administrator, or to establish other procedures it considers appropriate. • Finally, WCA rules require an LGU to provide knowledgeable and trained staff to manage its wetland conservation program. • Since inception of the WCA in 1991, the water resources coordinator has managed Eagan's_ wetland conservation program The overall set of knowledge, skills, and abilities of this staff position continues to most appropriately fit with this program • The water resources coordinator historically has handled at the staff level decisions regarding exemption, wetland type, wetland boundary, and no-loss determinations while forwarding for Council approval replacement and wetland banking plans. This strategy allows staff to deal with basic, technical issues while focusing the Council on more complex, policy concerns. Despite a strategy that works well, no official action has been taken to adopt this strategy. • It is therefore appropriate for the Council to place official decision authority for exemption, wetland type, wetland boundary, and no-loss determinations with the water resources coordinator while retaining approval authority for replacement and wetland banking plans. Agenda Information Memo November 8, 2001 Eagan City Council Meeting II. APPROVE RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT--STORM SEWER MITIGATION ACTION TO BE CONSIDERED: To approve the resolution authorizing execution of the Grant Agreement-Storm Sewer Mitigation FACTS: • In order to complete the necessary paperwork and to begin receiving funds, City staff has been working with staff members at the Minnesota Department of Trade & Economic Development (DTED) since the conclusion of the Special Legislative Session in which the $5,000,000 grant for storm sewer mitigation was approved for the City of Eagan. • The next step in the process is to approve this resolution and forward it to DTED. It is staff's understanding that upon receipt of the resolution DTED can begin circulating the grant documents for the appropriate signatures. • When the documents have been signed, the City should be able to begin drawing on the grant funds. ATTACHMENTS: • Enclosed on page / is a copy of the resolution authorizing execution of the grant agreement. a STATE OF MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT BE IT RESOLVED that the City Council of Eagan, Minnesota has legal authority to enter into a Grant Agreement with the Minnesota Department of Trade and Economic Development for the Special Appropriation contained in MN Special Session 2001, Chapter 12, Section 8, Subdivision 2. Mayor Patricia A. Awada and City Clerk Maria Karels are hereby authorized to execute and sign such Grant Agreements and amendments as are necessary to implement the project on behalf of the City Council of the City of Eagan, Minnesota. Passed and adopted this 8`h day of November, 2001. Mayor Attest: City Clerk CERTIFICATION I, Maria Karels, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the above resolution was adopted by the City Council of the City of Eagan, Dakota County, Minnesota, on November 8, 2001. Maria Karels, City Clerk 90 Agenda Information Memo November 8, 2001 Eagan City Council Meeting JJ. APPROVE TELECOMMUNICATIONS LEASE AGREEMENT ACTION TO BE CONSIDERED: Approve the telecommunication lease agreement withVerizon, Inc. for an antenna installation on the Yankee Doodle Reservoir at 700 Yankee Doodle Rd. and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has received an application from Verizon, Inc. for the installation of wireless communications system antennas and ground support equipment on the Yankee Doodle Water Reservoir. • This application has been reviewed by the City's radio communication consultant, City Attorney's office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. Agenda Information Memo November 8, 2001 Eagan City Council Meeting KK. APPROVE TELECOMMUNICATIONS LEASE AGREEMENT ACTION TO BE CONSIDERED: Approve the telecommunication lease agreement with Verizon, Inc. for an antenna installation on the Deerwood Reservoir at 1650 Deerwood Dr. and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has received an application from Verizon, Inc. for the installation of wireless communications system antennas and ground support equipment on the Deerwood Water Reservoir. • This application has been reviewed by the City's radio communication consultant, City Attorney's office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. 96~ Agenda Information Memo November 8, 2001 Eagan City Council Meeting VI. PUBLIC HEARINGS A. VARIANCE Gerald R. Bull (4557 Maiestic Oaks Place) ACTION TO BE CONSIDERED: • To recommend approval of 3.8% Variance to the maximum 20% lot coverage requirement for residential property located at 4557 Majestic Oaks Place (Lot3, Blockl, Majestic Oaks 2nd Addition). FACTS: • The subject is 12,324 sq. ft., is zoned R-1 Single Family Residential, and is currently undeveloped • Adjacent lots to the north and south of the subject lot are both developed and of similar size. No lot coverage Variances have been issued for property within Majestic Oaks 2nd Addition. • The applicant is proposing to construct a 2,938 sq. ft. house. The resulting lot coverage would be 23.8%. The proposed living space and garage would meet all setback requirements. ATTACHMENTS: • Staff report, pages through. 3 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 16, 2001 CASE: 25-VA-26-10-01 APPLICANT: Gerald R. Bull HEARING DATE: November 8, 2001 PROPERTY OWNER: Bradley Swenson APPLICATION DATE: October 15, 2001 REQUEST: Variance PREPARED BY: Erik Slettedahl LOCATION: 4557 Majestic Oaks Place COMPREHENSIVE PLAN: LD, Low Density Residential (0-4 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a 3.8% Variance to the maximum 20% lot coverage requirement for a single family residential property located at 4557 Majestic Oaks Place (Lot 3, Block 1, Majestic Oaks 2"a Addition). AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if. 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Planning Report - Gerald Bull Variance November 8, 2001 Page 2 CODE REOUIREMENTS The subject property is zoned R-1, Single Family Residential. Section 11.20 Subd. 61 of the City Code states "all buildings including accessory buildings together (within residential zoning districts) shall not cover more than 20% of the site area." BACKGROUND/HISTORY The Majestic Oaks 2"d Addition was approved in October 1999 and consists of 17 single-family lots. Seven of the platted lots have areas below 12, 400 square feet. The Eagan City Council has approved three Variance applications within the last two years for lot coverages exceeding 20% for new single family home construction. To date no Variance request have been made or approved for any lot within the Majestic Oaks 2"d Addition. EXISTING CONDITIONS ~y The subject lot is 12,324 square feet in area and is currently _WI ' undeveloped. It is surrounded kp ate on both the north and south► sides by similarly sized R-1 lots r, that have existing homes. ; H! NO, A wooded area is located at the rear of the lot screening it from ; ' the neighborhood to the west. _ Subject lot looking northwest; EVALUATION OF REOUEST The applicant is proposing to construct a 2,938 square foot house on a 12,324 square foot lot. The resulting lot coverage would be 23.8%. The proposed house would meet all setback requirements and the proposed house plans for the site are similar to other existing homes in the area. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, he has lived in Eagan for the past nineteen years and has spent the last year and a half searching for a vacant lot and working with a builder in order to construct a 9500" a Planning Report - Gerald Bull Variance November 8, 2001 Page 3 new home by the end of 2001. The applicant has stated that he has chosen a modest house plan that is fitting to the exiting homes in the area and is unique in that it allows access to the master bedroom on the first level to avoid the need to climb stairs. The applicant believes that it is this desired modification that has caused the home to exceed the lot coverage limit. The home design also includes a slightly larger garage that the applicant believes will allow for a more desirable storage option of personal items. The applicant is aware of other Variance applications approved by the City of Eagan for new construction on smaller lots and believes that his request is similar in size and need. SUMMARY/CONCLUSION The applicant is requesting a 3.8% variance from the 20% maximum lot coverage requirement for residential zoning districts for the purpose of constructing a new home on a 12,325 square foot lot. ACTION TO BE CONSIDERED To approve a 3.8% Variance from the 20% lot coverage allowed for Lot 3, Block 1, Majestic Oaks 2"d Addition. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. Eagan Boundary StrolAroa nteril'as Location Map Parcel Area Building Footprint m e eW a LL-JaP I, a 0 a ¢ i ~ 9-3 R 7 6 s ~ tt {at ~ g ac R ® ' 53 ~ ~jy ® qj G9 C3 • ® ~ (a i g7 F1 ~ C I W. na w a r. o rs ZT, d,.~i G& ~ ~ 4 ® L. a c o r~ sub ect site r' Q - 0 am R 0 ®m e~' ® 4 d3 v^ p 6r ® ar. r ° e ~caP so ® m s~ 1000 0 1000 2(= Feet Development/Developer. Gerald Bull Application: Variance Case No.: 25-VA-26-10-01 Map prepared using ERS1 AreView 3.1. Psmai base map data provided N by Dakota County LAnd Survey Depararent and is current as or June 2001. THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City of Eagan M r n; v E S C. . a The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Cann r ty 11)"Wepmant Depar6reot not responsible for errors or omissions. 1 * 'F * M2422 endota IHeigh le Drive 55120 * PMUNEER OWWRII , MAL DiGPIM S (651) 681-1914 FAX-681-9488 . ng neering •AZ;- NAMMePM Amemmers 625 Highway 10 N.E. # 81oine, MN 55434 1 ~L N (612) 783-1860 FAX 783-1863 Certificate of Survev for: _WENSMANN HOMES LOT AREA - 12.324 S.F. 455' 1AJESTIC OAKS PLACE HOUSE AREA - 2938 S.F. COVERAGE = 23.8 X SERVICE INV. ELEV.=931.7 PER OTHERS A BENCH MARK. It. TOP OF PIPE ELEV.. 941.31 1 1 I I I I I 937.4 5 L EH s OusE N i 7 N89'5637"E 941.4 144 9~ 946.2 ~N 940.1 939.8 56.33 7.0 941.7 30.00 941 940.9 U- Nf. - s -10 n W 10 r-- -----944.-2_ Io --1 10 , U I 943.2 X 943 i 46.63 C -i^ I O Q O /h I O ( d i I lA U') I 14.00/ 5.00- aD 0/ a/ n I I , GO N N 1 1 I N /w /a0 ~ I I I / pV) 1.000 V I Y r a p JI / I !U ~a ~CK ri 1947.6 I 3 i O =)W I EE LL~ i a r- 13.50 - 30.0 - H) ( V .so. I TbTWHAERS I N P E R / n oy I N F Z I I < e o ~a fe) O aW I N < N a OW I 45. Q I U) D ¢a I 944.4 944.9 17.00 ~ 2.0 ° : i O W (n o ui o ' I o o ( a 1 1 /e1 I Z 10 I 10 L_ - r4,~V - - of _546.1 30.33 949.1- 946.6 " r..~.T---1- 5.0^ 9446 gyS3 .4 56.33 ~ 30.00 947.1 N89-56-37"E 946.5 144.99 51.9 EXISTING I 5 HOUSE 1 i 1 1 1 1 I 1 BENCH MARK TOP OF PIPE ELEV.- 949.98 PROPOSED HOUSE ELEVATION NOTE: PROPOSED GRADES SHOM PER GRADING PLAF OY: LOWEST FLOOR ELEVATION: 41 •y NOTE: BUILDING OMET"IONS SHOVN ARE FOR HORIZONTAL AND VERTICAL LOCATION gSO.1 OF STRUCIUI:.:S ONLY. SEE ARCHITFCTUAL PLANS FOR BUILDING AND TOP OF BLOCK ELEVATION: 3_ FOUNDATION GIMENSICNS. NOTE: NO SPECIFIC SOBS INVESTIGATION H,S KEN COMPLETED ON THIS LOT BY THE GARAGE SLAB ELEVATION: yq•0 SURVEYOR. THE SUITABILITY OF SOIL'; TO SUPPORT THE SPECIFIC "OUSE TOB *LOOKOUT ELEVATION; PROPOSED IS NOT THE RESPONSIBIL'.Y OF THE SURVEYOR. NOTE: T--4:S CERTIFICATE DOES NOT PURPORT M SHOW :ASEMENTS OTHER THAN X 000.00 DENOTES EXISTING ELEVATION TF.USE SHOWN ON ME RECORDED PLAT. ( 000.00 ) DENOTES PROPOSED ELEVATION DENOTES DRAINAGE AND UTILITY EASEMENT NOTE: CONTRACTOR MUST VERFY DRIVEWAY OEgfii. - - DENOTES DRAINAGE FLOW DIRECTION NO It: BEARINGS SHOMM ARE BASED ON AN ASSUMED r TIN - - DENOTES MONUTAENT 8 DENOTES OFFSET H11B WE HEREBY CF.4TIFY TO WENSMANN HOMES THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 3, BLOCK 1, MAJESTIC 0/,KS SECOND ADDITION DAKOTA COUNTY, MINNESOTA IT DC'S NOT PURPORT TO SHOW IMPROViMENTS OR ENCHROACHMENTS, EXCEPT SHOWN, AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 14T DAY OF SEPTEMBER, 2001. SI NED: PIONEER EN EE G. P.A SCALE : 1 INCH = 30 FEET e 11 088 101326.00 NJL e ohm C. Lc ion, 19828 PROPOSED SITE PLAN 9 a Al 1 kllilliili~1111' III l I II (IIII II' !I ( ~i ~ I{ I I. I .III 'q; a•II a l!! I!jl .IT IIIIII, > \ ~'•9~''! I'I IIII,II,'fill I ~IIIIIi111I 'I~IILjI!I II I Il!i!• I lIi ~I II' '~I I II I II:I I' - j. I !Iii II' IIIIII'I!III II !Ili li !IIIIIn! iIIIIIIII II,! - II!Ilill 11 I I II I I: IA , 41114111 u Im II] it I i, Illljlll ' I @ y ! I i!1~ 1 !I.I 11.,!.i III I.' I Ili. Il ~I II !I!11 I. Z 1 1 IN. IIoI! I,I.1 II ! j -oIl L,I~ (I , I !lil I III ! pl:G! 000 ;lil!!III II!;' 1111i! ~ ~ I !llill ~ I:I, u I l l I •II z I •I I1+1 I ; ~ ~ -1 I' Ills 'II I',I!'III ' II rll! ~ IIII ~i!: ~ I'il Al i. p I a i I' r N!!i ~ 1 I'il I~ illl! IIII, ! I II' III 161 I ~ I n I ' I' . 1 I ! ~ !lI !lil~ II II I II !IIII I(1 ll'~ I Il: i ,IIII I Il I II Il,,r I I' ~ Illi ~ I(II ! I jljl III! l.!I{! 'II 1 I I Ill I I ! I 11 III II! ! ! I, 1 G. 11 Illl,ll. jll, i IIIII1111i;I~IU!'l !IIII! II, II il'il 'li ' Illllll , i 111 !Illl. ! It 11 , I! . II I! 1, I 1 ! { 71 .,III p I it 1,•1 Il,l'll' l~' 1'I I'' i I I (9 ~ IIII{ II!I•II(I~II~.i, I(• II , ,I !!I ! I I;j!I!!I l,l!~~I I II~~ ~II I I I~~! 1 lll~ ((III!j'(l! !II(Illll(I 111(I~;~~II~! I(( l ill!; I it II I!1 ! 111 11, I 1 II I~Il llll:..j~I IIII'! 11l Ill. !1:11 II!Ili!li,l!;,11 ►II! IIIIIII!I~ 1 ! Ilr illl I ,;Il;lll!lll ~ IIII I II' II'I v 1 / PROPOSED ELEVATIONS s I Ae.su. - 1 n.100y e«lfly 1n.1 1111. p1.n, rOTAI AMA. PAOATCT DoT ~i srtet w *ocilic.Iwn, of r.porl w.. -N/A- "Wvnwn No that a 4 I 60 . aAy uvac k"STC OARS MCOI,0 AOOITION SCR 01 ° OT M Or -y ily W1E NS MANN mom Ell.0=101 t p« A wrEtrEr iOEN xc.nwo Arcnl.el wa« U» -N/Au.. of In. Sul. 01 ASrn..ou. r,M a SCALE 1/8• = I'-0" 08M $ -N/A- auw+Er ~g ET i_--- - 9^.e ME6 PLAZA DRIVE - SATE 200 MOW I45111 408-4400 - - - C.u Regis? EAGAK MN 55122-2612 FAX IKU WS•bTE I r nn E k9UAZ.QNS I Agenda Information Memo November 8, 2001 Eagan City Council Meeting B. VARIANCE - Grigoriy Yakovlev (1875 Braun Court) ACTION TO BE CONSIDERED: • To approve a two (2) foot Variance from the required five (5) foot side yard setback for the placement of an accessory structure in a single-family zoning district located at 1375 Braun Court, Lot 3, Block 1, Harvey's Heritage. FACTS: • On October 2, 2001, the City Council held a public hearing and approved the request to vacate a portion of the five foot drainage and utility easement along the interior property line of the subject site. • The applicant proposes to locate the structure within the required setback to preserve trees. Further, this location would allow the structure to be adequately screened from adjacent properties. ATTACHMENT (1): Staff report, pages - through 14. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 1, 2001 CASE: 15-VA-25-10-01 APPLICANT: Grigoriy Yakovlev HEARING DATE: November 8, 2001 PROPERTY OWNER: Same PREPARED BY: Cynthia Kirchoff REQUEST: Side Yard Setback Variance LOCATION: 1375 Braun Court COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1. Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a two (2) foot Variance from the required five (5) foot side yard setback for the placement of an accessory structure on property located at 1375 Braun Court in the SW t/4 of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if- 1 . The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. ~O/ Planning Report-Yakovlev Variance November 1, 2001 Page 2 APPLICABLE REGULATION Section 11.20, Subd. 6. A. requires a five foot side yard setback for garages or accessory buildings on properties zoned R-1. BACKGROUNDMISTORY The subject property is part of the Harvey's Heritage Addition, a five lot subdivision platted in 1987. The plat was approved by the City Council with 18 conditions, one of which stated "all standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action." The subject property boundaries extend into Fish Lake, thus the net lot area is approximately 23,000 square feet and the gross area is 35,545 square feet. A conservation easement buffers Fish Lake from the development of the site. On October 2, 2001, the City Council approved the applicant's request to vacate a portion of the five foot easement along the interior property line for the placement of a 125 sq. ft. accessory structure. EXISTING CONDITIONS The site is a heavily wooded, riparian lot. A single family home with a three-stall garage is present on the property. EVALUATION OF REQUEST The applicant is seeking a two foot variance from the required five foot side yard setback for the placement of an accessory structure that is approximately 125 sq. ft. in area. (Note: The building has already been partially constructed.) The building code requires a permit for accessory structures greater than 150 sq. ft. Although a building permit is not required, it still must comply with applicable zoning ordinance provisions, such as minimum setback and maximum height of 16 feet. The City Code states that the City Council may grant relief from zoning provisions provided that special conditions apply to the land in question and do not apply to other properties with the zoning district. Further, granting the variance shall not be contrary to the intent of the zoning ordinance and Comprehensive Guide Plan and is necessary to alleviate a demonstrated hardship. A hardship means the property in question cannot be put to a reasonable use as permitted by the zoning ordinance. A "reasonable use" of this property is a single family home with a two stall garage because it is zoned R-1. A single family home is present on the property. Since -the property has ample buildable area, a storage shed may be positioned in numerous locations on the land within the required R-1 setbacks. /O~ Planning Report-Yakovlev Variance November 1, 2001 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicant contends that a variance from the side yard setback is needed to preserve three mature trees. As stated in the existing conditions section, the property is heavily wooded. The shed has been designed for this specific location because it would be screened by a neighbor's fence. SUMMARY/CONCLUSION The applicant is seeking a variance from the required five foot side yard setback for accessory structures to place a storage shed three feet from the side property line. While the applicant has other options for locating the storage shed on the property that can meet setback requirements, a determination regarding relief from the ordinance is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve a two (2) foot Variance from the required five (5) foot side yard setback for the construction of an accessory structure on property located at 1375 Braun Court in SW '/4 of Section 15. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless the council has granted a petition for extension. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. Exterior colors utilized for the accessory structure shall be compatible with the existing single family home. a p Eagan Boundary Location Map ~~N~ EEO Building Footprint i IWI. IV J -9 ffj Via, 101 et s g ~0p t®© y I, X81 ® 9 i~1 E3 SuWect Site -ew , . to. i A v ds~Y In e. s i. A v ® ~ ~ E 1 ja b sY ~ g 4r e,_ 5'} CeeA ~ k E ~ o~r _ ~ 4 2 ~9 a C b y; 0 y; d df 3 Lb l 4 a 9 a ® • c b - +ddlbdd+d t y ! d p 0@ ! a .o a. ~i. 40 1000 0 7000 2000 feet Development/Developer. Grigody Yakovlev (1375 Braun Ct) Application: Variance Case No.: 15-VA-25-10-01 /D Map ptepsmd uskg E-R31 AmVlaw 3.1. Pared bass map data providad N by Dakota County Land Savoy Uaparmrnt and is eunsm as of June Mot. City of Eagan TN13 MAP 13 INTENDED FOR REFERENCE USE ONLY W E M I N N E S 0 T A The City of Eagan and Dakota County do not guarenlee the seeuraey of flds Information and are S t.-My D.vd•pmwt DepartnnM not responsible for errors or omissions. 2422 Cmierprise urine * Mendota Heights, MN 55120 * I~IOIVR~A (612) 1981-1914 FAX: 581-948A end nner ng LAW KAMM. UAOSWC Al IMM 623 Hlghwo 10 N.E. * Blaine. MN 95434 (512) 783-1880 FAX:783-1883 Certificate of Survey for: MCDONAL D CON$ 1375 BRAUN COURT 125.11 N 89035'31"E NAQ Fq 91t JJP-4 M0 9465 wit ~3 FOOT SETBACK N36 S7~Q~ 3s0 5 \ 3B% . PROPOSED SHED ' 4f9 4) 889.4 4 ~ 87Lex~ 3 # 875 882. i` 01 'T } qd i 86rasscl _ 873.1 48.0 8 ~j91 p P. 860ARA( Q f BE~NpCH MARK p12. • in E LE~C~ Bsd. 21----~ w M p~~ o 8649 PEDE. S ~f 2 t e ~a g8p53.S~Q 8 A~2.6131~~~I!~s5a~ - 8651 i' BRAUN COt1RT J L of J ULCe k' ~rrcl, ~J ) t i 11 y y ,d s NF r car, v 137.6 O Commencing at the NE comer of Lot 3, Block 1, Harvey's Heritage o Addition, Dakota County, thence along the NE line of said Lot 3 a distance of 13.00 feet, thence left 90 degrees a distance of 3.00 feet to the point of beginning of the area to be vacated, thence continuing along said line a J distance of 2.00 feet, thence right 90 degrees a distance of 11.00 feet, thence right 90 degrees a distance of 2.00 feet, thence right 90 degrees to the point of beginning and there ending. t~ 14:946 August 23, 2001 City of Eagan Council 3830 Pilot Knob Road Eagan MN 55122-1897 Dear Eagan City Council, This letter is to request a vacation of easement per the attached petition. The reason for the request is that I built a storage shed in such a location as to save the 3 very mature trees in the adjacent area. I even notched the shed to do so. However, I inadvertently infringed on the easement by 23 inches. This is in such a location as to not be seen by anyone as it is behind a fence built by my neighbor. There are no utility lines found by Gopher State One on my rear property line (digging #447316). I respectfully request a variance to this easement. Greg Yakovlev 1375 Braun Court Eagan MN 55123 Ph (651)454-3059 a ~ j 1.,~~ ~ r f r j 1~ r ,~v t f :'E`sc, L i a G ~'d t t "W, 09m S ! ~1 ~f t V _ Me Agenda Information Memo November 8, 2001 C. PROJECT 840, ROBIN LANE STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve/Deny Project 840 (Robin Lane - Storm Mitigation Improvements), and if approved, authorize the preparation of detailed final plans and specifications. FACTS: • The storm mitigation improvements proposed as part of Project 840 would address the flooding that occurred in the area as part of the July 2000 Super Storm. The improvements presented in the feasibility report add the consideration of the removal and replacement of storm sewer pipe to the options of structure modification and EOF grading represented in the Preliminary Design Report (April 2001). • The PDR identified this impacted area in the FB category because the low entry elevation for the identified impacted residence was above the I% rainfall elevation, but below the required freeboard elevation. • On April 26, 2001, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of storm mitigation improvements for the area including Pond AP-27, located east of Robin Lane. • On October 2, the feasibility report for Project 840 was presented to the City Council and a Public Hearing was scheduled for November 8 to formally present and discuss the report with the adjacent property owners. • An informational meeting was held on October 30 at 5:00 p.m. in the Community Room at City Hall. None of the notified property owners attended the informational meeting. The property owner at 3652 Robin Lane, the only residence that flooded in the July 2000 storm, contacted staff to discuss the proposed improvements and has expressed his support for the improvement option presented in the feasibility report. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages //-0 through /D / city of aagan Report for Robin Lane (Pond AP-27) Alternative Improvements July 2000 Superstorm City Project No. 840 Eagan, Minnesota October 2001 File No. 49-00-109 Bonestroo, Rosene. Anderllk and Associates, Inc. Is an Affirmative Action/Equal Opportunity Employer Bonestroo and Employee Owned Principals: Otto G. Bonestroo. PE. • Marvin L. Sorvala. P.E. • Glenn R. Cook. P.E. • Robert G. Schunicht, P.E. ® Rosene Jerry A. Bourdon P.E. Anderlik & Senior Consultants: Robert W. Rosene. P.E. • Joseph C. Anderlik. P.E. • Richard E. Turner. PE. • Susan M. Eberlin, C.PA. Associate Principals: Keith A. Gordon. PE.. Robert R. Pfefferle. PE.. Richard W. Foster. PE. • David O. Loskota. P.E. Associates Mark A. Hanson, PE. • Michael T. Rautmann, P.E. • Ted K. Field, P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolfs. PE. David A. Bonestroo. M.B.A. - Sidney P. Williamson. P.E.. L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt. PE. Engineers Architects Thomas W Peterson. PE. • James R. Maland. PE. • Miles B. Jensen, PE. • L. Phillip Gravel 111, PE • Daniel J. Edgerton. RE. Ismael Martinez. PE. • Thomas A. Syfko, PE. • Sheldon J. Johnson • Dale A. Grove, PE. • Thomas A. Roushar, PE. Robert J. Devery. PE. Offices: St. Paul. St. Cloud. Rochester and Willmar. MN • Milwaukee, WI • Chicago, It. Website: www.bonestroo.com October 29, 2001 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 Re: Feasibility report on alternative improvements - Robin Lane (Pond AP-27) July 2000 Superstorm City Project No. 840 Our Project No. 49-00-109 Dear Mayor and City Council: Attached is a feasibility report with an evaluation of an alternative improvement for the above- referenced area. The report contains the following sections: • Introduction/history • Improvement Option(s) and Feasibility • Discussion • Easements and Permits • Cost Estimate • Project Schedule An itemized cost estimate for the alternative is presented in Appendix A while the original write- up for this area from the April 2000 Preliminary Design Report is presented in Appendix B. As always, we are available to meet with the Council and/or City staff to discuss the contents of the report. Respectfully submitted, BON ROO, ROSENE, ANDERLIK AND ASSOCIATES, INC. f Rich Brasch PROFESSIONAL CERTIFICATION I hereby certify that this report was prepared by me or Under my direct supervision and that I am a duly Registered ='e4 laws f he State of Minnesota. Mark Hanson Date. 10-29-01 Reg. No. 14260 2335 West Highway 36 • St. Paul, MN 55113 ■ 651-636-4600 ■ Fax: 651-636-1311 a October 2001 Feasibility Study for Project 840 Area 4: Pond AP-27, Robin Lane Eagan, MN INTRODUCTIONMISTORY Pond AP-27 is bounded on the east by Blackhawk Road, and on the west by Robin Lane (See Figure 1).The area consists mostly of single-family homes, and a number of multi- family dwellings have been constructed to the south The homes impacted by the July 2000 storm are part of the Blackhawk Forest Addition. In the study titled "Preliminary Design Report - The Storm of July 2000, Stormwater Drainage System Improvements and Cost Estimates"(Apri12001), information regarding the existing conditions, occurrence of flooding, compliance with freeboard criteria and basic improvements were discussed and evaluated (See Appendix B). One home was impacted by flood damage caused by the July 2000 storm. As part of the preliminary study, home modification alternatives were considered by the owner of the impacted property. These include: • Conversion of the existing walkout basement to a lookout. • Raising the elevation of the walkout and providing a short flight of stairs up to the walkout from inside the basement. The grading plan for this area shows that the low entry elevation, for the affected residence, is lower than that approved by the City. The approved building pad elevation is identified as 803.2, compared to the surveyed low entry of 801.7. The owner is opposed to modification of the property to increase flood protection. Another alternative discussed in the Prelim. Design Report-April 2001 provided an emergency overflow (EOF) through an adjacent property. A feasible alternative to either home modification or an EOF is to increase the size of the existing outlet pipe. IMPROVEMENT OPTION AND FEASIBILITY The proposed alternative improvement involves increasing the outlet capacity for Pond AP-27 by replacing the existing 250 feet of 12" diameter outlet with 15" diameter pipe. A skimmer would also be installed at the outlet of this pond to minimize the potential for blockage of the outlet pipe. Also as part of this improvement option, 50 feet of 27" diameter pipe that conveys discharge from both Pond AP-27 and Pond AP-27.1 to the 36" pipe within Robin Lane should be re-laid/re-oriented to improve the hydraulic efficiency of this conveyance system (see Fig. 3.0). A summary of the results of the original (Prelim. Design Report-April 2001) and the alternative improvements is as follows: 1 Existing,, Ori inalIni roveinents- -Alternate; ` roAe ner4ts: Low entry 801.7 Normal Water Level 798.0 798.0 798.0 I % Hi h' Water Level : 800.1 800.1 799.7 2' Freeboard? No No Yes JuI 200Qatorm 802.0 801.5 801.1 Jul. ".2000 benchmark? No Yes Yes The project is feasible from an engineering standpoint and is in accordance with the City's stormwater management objectives. DISCUSSION The existing HWL for AP-27 for a 1% storm is 800.1. By increasing the outlet pipe size to 15", the HWL would drop to 799.7, thereby allowing the pond to meet the 2.0' freeboard criteria established by the city. In addition, the July 2000 storm peak would drop from 802.0 to 801.1. The overall performance of the pond would be further protected by installing a skimmer on the pond outlet to reduce the potential for plugging of the outlet. Relaying/realigning the 27" pipe from the manhole where the pipes from AP-27 and AP-27.1 meet to Robin Lane would increase the hydraulic efficiency. The alternative improvements proposed here would achieve compliance with the City's stormwater objectives without lowering the EOF for Pond AP-27. Lowering the EOF would require altering grades on a property that was not impacted by the flooding. This property owner has indicated that grading of the EOF is not acceptable EASEMENTS AND PERMITS Temporary easements will be required for construction purposes. COST ESTIMATE A detailed cost estimate for the proposed alternate improvement can be found in Appendix A. The total estimated cost for replacing the existing 12" outlet with a 15" outlet and re-alignment of the outgoing pipe into the street is approximately $72,000. A 10% contingency cost and 20% indirect cost is included in the estimate Note: The estimate does not include costs for lowering the EOF or any modification of residences as part of flood mitigation proposed earlier as part of original improvements. 2 113 PROJECT SCHEDULE Present Draft Feasibility Report October 2, 2001 Neighborhood Meeting October 2001 Public Hearing November 8, 2001 If Project Approved Approve Plan & Specifications Winter 2001/2002 Open Bids/Award Contract Spring 2002 Project Completion September 2002 3 city of eogen Appendix A a Appendix A Part 5 - Robin Lane Pond AP-27 Alternate Improvements: Qty Item Description Unit Unit Price Total Price 1 Mobilization LS $5,000.00 $5,000 1 Traffic control LS $3,000.00 $3,000 1 Clear and grub LS $4,000.00 $4,000 3 Remove manhole or catch basin EA $500.00 $1,500 300 j Remove sewer pipe (storm) LF $10.00 $3,000 1 Connect to existing catch basin or manhole EA $1,000.00 $1,000 1 Connect to existing storm sewer EA $500.00 $500 50 27" storm sewer, 0'-8' deep LF $55.00 $2,750 250 15" storm sewer, 0'-8' deep LF $35.00 $8,750 3 4' diameter storm sewer MH EA $1,800.00 $5,400 4 4' diameter structure overdepth LF $100.00 $400 1 4' skimmer structure EA $3,000.00 $3,000 1 15" RCP flared end section EA $800.00 $800 100 Subgrade preparation - street SY $5.00 $500 50 'Aggregate base, Class 5, 100% crushed TN $20.00 $1,000 15113ituminous base course, Type 31B TN $100.00 $1,500 10 Bituminous wear course, Type 41A TN $100.00 $1,000 5 Bituminous material for tack coat GAL $10.00 $50 30 D412 surmountable concrete curb and gutter LF $20.001 $600 60 ,Sawing Bituminous Pavement LF $5.00 $300 300 1Improved pipe foundation LF $3.00 $900 50 !Flotation silt curtain, still water LF $20.00 $1,000 5 Water for dust control 1000 GAL $20.00 $100 3 Structure marker sign EA $50.00 $150 1,500 Sodding, type lawn SY $3.00 $4,500 170 Topsoil borrow (LV) CY $15.00 $2,550 4 Deciduous tree, 2 1/2" cal. B/B EA $300.00 $1 200 Subtotal $54,450 + 10% Contingencies $5,400 Construction Total Part 5 $59,850 +20% Indirect Costs 12 000 Total Alternate Improvements - Part 5 $72,000 city of eagan Appendix B /19 o ~ 4.4.5 Robin Lane (Pond AP-27) - Figure 4.6 Issue(s): One residence adjacent to Pond AP-27 flooded slightly due to high water levels in pond Category: FB (Low entry above existing HWL for 1% rainfall but below required freeboard elevation) Existing Conditions: • Low Entry o 1 home @ 801.7 • Normal Water Level - 798.0 • 1 % Rainfall High Water Level - 800.1 • Applicable Freeboard Criteria - 2 feet above HWL o Required Freeboard - 2' o Actual Freeboard - 1.6' o Meets City Freeboard Criteria? - NO • Emergency Overflow - 803.0 • July 2000 Storm Peak - 802 Special Considerations: The grading plan for this area shows that the low entry elevation for the affected residence adjacent to Pond AP-27 is lower than that approved by the City. The approved building pad elevation for the residence is identified as 803.2, compared to the surveyed low entry of 801.7. If the low entry of the residence were 803.2, the City's minimum freeboard standard would be met, and flooding of this residence would not have occurred as a result of the July 2000 storm. To provide additional protection for this neighborhood at virtually no extra cost, lowering of the EOF between TH 13 and Burgundy Drive should be completed as part of the TH 13 re-construction currently being designed. This improvement is expected to be consistent with the proposed design for the highway. _Description of Basic Improvements: The improvement proposed involves lowering the elevation of the emergency overflow (EOF) for Pond AP-27 from 803.0 to 800.7. It should be noted that re-grading of the EOF for Pond AP-27 as proposed below would affect private property other than the property benefited by the improvement. Another alternative is to convert the basement of the current low residence from a walkout to a lookout. Acquisition of both permanent drainage and utility easements as well as temporary construction easements will be necessary. Effect and Cost of Basic Improvements: • Normal Water Level - 798.0 • 1 % Rainfall High Water Level - 800.1 • July 2000 Storm Peak - 801.5 • Improvement Cost - $24,000 for re-grading of Pond AP-27 EOF Meets City's I% Rainfall Freeboard Criteria? NO (misses by 1.6') Description of Additional Improvements: None needed. However, to provide protection to the entire neighborhood, it is suggested that the EOF between Burgundy Drive and Trunk Highway 13 be lowered from 800.4 to no higher than 798.6. Meets July 2000 Benchmark? YES 30 00 r-. o E CIO: CKNA j C N N ~ o / C`U ooc~ „ i C', I I f I 1 V N ' C f, in \ a - i ~ N O W c C?- < W<o o ~'In : i. 2a2 o p o In ~co N, Lij .0 Ij / J "A c-C e 1 Ov / \ O __GJJ C7 clan r~nn J O u 1 W. GZ2 n -.W.47 1•. {rj_ Y i i C N3:. r0 J. Wco Z 0: i 4 0O X(X ! - /b co 0 :20 Go ^J Z CKN~w~ RD gam. f ' o N m 1 W 1J ^ a C o 7 I'm h r 1 C60 So o^ 1 c a0 NQ rCK) z- co all O W 2 - 11 11 OZX 77 i p, j r1 I Q a gco -7 IL \nn ! c n o O N cc 1 W Q CD, I. .3=. Z In CIO f A 0~ z C o st O y1 W i W ~ 3 M, O' n. Q Y 00 00• __fZ i Agenda Information Memo November 8, 2001 D. PROJECT 843. BEECHER DRIVE STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve/Deny Project 843 (Beecher Drive - Storm Mitigation Improvements), and if approved, authorize the preparation of detailed final plans and specifications. FACTS: • The storm mitigation improvements proposed as part of Project 843 would address the flooding that occurred in the area as part of the July 2000 Super Storm. The improvements presented in the feasibility report add the consideration of street intersection reconstruction/reconfiguration to redirect overland drainage in addition to the base option of grading a berm northwest of Pond BP-22 that was represented in the Preliminary Design Report (April 2001). • The PDR identified this impacted area in the FB category because the low entry elevation for the identified impacted residence was above the 1% rainfall elevation, but below the required freeboard elevation. • On April 27, 2001, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of storm mitigation improvements for the area including Pond AP-40, located north of Beecher Drive, northeast of the intersection of Blackhawk Road and Cliff Road (County Road 32). • On October 2, the feasibility report for Project 843 was presented to the City Council and a Public Hearing was scheduled for November 8 to formally present and discuss the report with the adjacent property owners. • An informational meeting was held on October 30 at 6:00 p.m. in the Community Room at City Hall to discuss the proposed improvements. 9 residents representing 7 of the notified properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report will be distributed with the Additional o ation packet on Monday. • Neighborhood Meeting Minutes, pages A-4 through /020 INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECT 843, BEECHER DRIVE OCTOBER 30, 2001, 6:00 P.M. STORM MITIGATION IMPROVEMENTS Attendance: Russ Matthys, City Engineer; Mark Hanson, Rich Brasch, and Kevin Kimmes, Bonestroo, Rosene, Anderlik & Associates, Inc.; 9 residents representing 7 properties. A. Welcome and Introduction • City Engineer Matthys gave an introduction and described the. public improvement process including the public hearing at the Council meeting on Thursday, November 8. B. Presentation • Rich Brasch presented background on the original Preliminary Design Report (April 2001) proposal and the additional proposed improvements regarding the redirection of overland drainage. He explained the details with a table of the associated flood elevations and improvement costs. C. Questions/Comments 1. Pond BP-22 overflow is not the only problem. Overflow from Blackhawk/Beecher is also a problem. 2. Is it feasible to increase outlet capacity for Pond AP40? Yes, but it is more costly than what is proposed. 3. Will sediment in Pond AP40 be removed as part of the project? Council approved separate maintenance improvements of $750,000.00 that may have included this work. Some pond excavation will occur this winter. 4. Water comes off of Cliff Road and the MVTA Park & Ride. MnDOT should approve overland overflow into 35-E because they caused drainage coming on to our property. 5. What will the impact be to homes on Pond BP-22 with a berm? They would not flood in storm event similar to July 2000 and would meet city standards. 6. How about changing driveway aprons along Blackhawk to prevent overflow onto property? It would help re-direct some overland drainage. 7. Why did MnDOT direct overland drainage toward us? Why doesn't MnDOT keep parking ramp rain? It is very small percentage running on to Blackhawk Road when compared to ramp's overall drainage. I /;7 o ~ 8. How will this be funded? $5 million from the State Legislature was approved for Eagan's July 2000 storm mitigation efforts. Current awarded contracts are in excess of this dollar amount. Council has committed to no assessments on previously approved projects. 9. Is it possible to excavate the pond for more storage capacity? Issue is storage capacity above NWL, not below. 10.Will Engineering Department and consulting firm recommend?. No, we present the facts to the City Council with the elevations and areas impacted by the July 2000 storm and provide mitigation improvements that would address these numbers, as well as the design cost estimates. G:RMPOUMISC/MINUTES/Proj.843 Beecher Drive 10-30-01 2 NEIGHBORHOOD MEETING BEECHER DR PROJECT 843 TUESDAY, OCTOBER 30, 2001 - 6:00 P.M. NAME ADDRESS 2. ti #a--, 3. F ~o~d ~ors~O~c-G( ~5 ~'eKore Lame 4. ~e£GG ~.9%a«r19 ~unG~ /~oS~,~~FCLr~/L ,~iLic% 5. m S sex 6.~ ~-o S 7. Ur 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-1 N. Sheet 10?3 1 Agenda Information Memo November 8, 2001 E. PROJECT 844. FORSSA WAY STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve/Deny Project 844 (Forssa Way - Storm Mitigation Improvements), and if approved, authorize the preparation of detailed final plans and specifications. FACTS: • The storm mitigation improvements proposed as part of Project 844 would address the flooding that occurred in the area as part of the July 2000 Super Storm. The improvements presented in the feasibility report add the consideration of additional pond excavation, berming within Ridgecliff Park and the installation of storm sewer pipe in addition to expanding Pond AP-47's flood storage volume represented in the Preliminary Design Report (April 2001). • The PDR identified this impacted area in the MCS category because the low entry elevations for the identified impacted residences are above the freeboard elevation for the 1 % rainfall. • On April 27, 2001, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of storm mitigation improvements for the area including Pond AP-47, located south of Covington Lane, in the southwest corner of Ridgecliff Park, west of Johnny Cake Ridge Road. • On October 2, the feasibility report for Project 844 was presented to the City Council and a Public Hearing was scheduled for November 8 to formally present and discuss the report with the adjacent property owners. • An informational meeting was held on October 30 at 7:00 p.m. in the Community Room at City Hall to discuss the proposed improvements. 6 residents representing 5 of the notified properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages /Q5~trough • Neighborhood Meeting Minutes, pages ~z_ through. city of pagan 1;i: Report for Forssa Way (Pond AP-47) Alternative Improvements July 2000 Superstorm City Project No. 844 Eagan, Minnesota October 2001 File No. 49-00-109 a , Bonestroo. Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer Bonestroo and Employee Owned Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvata, P.E. - Glenn R. Cook, PE. • Robert G. Schunicht. PE. o Rosene Jerry A. Bourdon. PE. Anderlik & Senior Consultants: Robert W Rosene. PE Joseph C. Anderlik, P.E. • Richard E. Turner, P.E. • Susan M. Eberlin. C PA. Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, PE. • Richard W. Foster, P.E. • David O. Loskota. PE. Associates Nark A. Hanson, PE. • Michael T. Rautmann, PE. • Ted K. Field. PE. - Kenneth P. Anderson, P.E. • Mark R. Rolfs, PE. David A. Bonestroo. M.B.A. - Sidney P Williamson. PE.. L.S. • Agnes M. Ring. M.B.A. - Allan Rick Schmidt. PE. Engineers & Architects Thomas W Peterson. PE - James R Maland, PE - Miles B. Jensen. PE. • L. Phillip Gravel III, RE. • Daniel J. Edgerton, PE Ismael Martinez, P.E. • Thomas A. Syfko. PE. - Sheldon J. Johnson • Dale A. Grove, PE. Thomas A. Roushar, PE. - Robert J. Devery, PE. Offices: St. Paul. St. Cloud. Rochester and Willmar, MN - Milwaukee. WI - Chicago. IL V*bsite: www.bonestroo.com October 29, 2001 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 Re: Feasibility report on alternative improvements - Forssa Way (Pond AP-47) July 2000 Superstorm City Project No. 844 Our Project No. 49-00-109 Dear Mayor and City Council: Attached is a feasibility report with an evaluation of an alternative improvement for the above- referenced area. The report contains the following sections: • Introduction/history • Improvement Option(s) and Feasibility • Discussion • Easements and Permits • Cost Estimate • Project Schedule An itemized cost estimate for the alternative is presented in Appendix A while the original write- up for this area from the April 2000 Preliminary Design Report is presented in Appendix B. As always, we are available to meet with the Council and/or City staff to discuss the contents of the report. Respectfully submitted, BO STROO, ROSENE, ANDERLIK AND ASSOCIATES, INC. Rich Brasch PROFESSIONAL CERTIFICATION I hereby certify that this report was prepared by me or Under my direct supervision and that I am a duly Registered Engineer under the laws of the State of Minn ota. / G~itl~ y~lt~n,~ody~ Mark Hanson Date 10-29-01 Reg. No. 14260 1421-6 2335 West Highway 36 6 St. Paul, MN 55113 ■ 651-636-4600 ■ Fax: 651-636-1311 October 2001 Feasibility Study for Project 844 Area 6: Pond AP-47; Forssa Way; Covington Lane Eagan, MN INTRODUCTIONMISTORY Pond AP-47 lies just north of the Lebanon Hills Regional Park within Ridge Cliff Park. Four residences on Forssa Way adjacent to the pond were flooded in the July 2000 storm event. Efforts to resolve the flooding caused by the July 2000 storm are complicated by the location and topography of this pond. Existing conditions, freeboard compliance/non-compliance information, and improvements were discussed in the study titled "Preliminary Design Report - The Storm of July 2000, Stormwater Drainage System Improvements and Cost Estimates" (April 2001) (See Appendix B). Additional improvements considered for AP-47 included expansion of the pond's flood storage volume to the extent feasible. This expansion would have increased the flood storage volume of Pond AP-47 by about 20% and decreased the July 2000 peak water level in the pond by less than 1 foot. This improvement would not eliminate the flooding problem however, but only reduce some of the impact. The reduced peak water level would be below only one of the four impacted residences' lowest entry elevation. IMPROVEMENT OPTION AND FEASIBILITY There are three improvements that could be considered to generate a significant decrease in the July 2000 peak water elevation for Pond AP-47. They are: 1. Divert and retain runoff from Ridgecliff Park and Lebanon Hills Regional Park. The area affected comprises about 9 acres of the direct drainage of Pond AP-47. The water would be contained and released slowly to Pond AP-47 by constructing several berms within the park areas and holding diverted water behind an area that is now used as a hockey rink. 2. Expand to the extent practical flood storage capacity in Pond AP- 47 by excavation/grading to the southwest of the pond. This improvement would increase storage capacity in Pond AP-47 by approximately 3 acre-feet or 20%. 3. Redirect runoff from the 3 acre drainage north of Covington Lane adjacent to Karis Way. This runoff would be diverted to an area behind the proposed berm in Ridgecliff Park for retention and gradual release to Pond AP-47. Figure 1 shows schematically these three alternative improvements. 1 o - - - x(15 w~'.. ;"r r'_',~•~~ ~ y"~ ,...i'. ,,t A cONSTFittO.LOW-POINT ; _ --t EMINQf0f ,LAME/ •KARIS-WAY r-- LZ7 "KA E OPOSED-~ fi ! N,r r~9T0~?IiA~. f 1 r.4- A SE R' (ALTER NTE` o: 3) i 1(i PROPOSED''' r----,~ rn t 'Fri i RETENTION BERMS l STORVtSEWER ~ \vr \ _ ,v f c (ALTERNATE "No,x x X, Z_ D X, ~r 1_~y_s+ I A 47 RIDGEOLIFF PARK \ \ ! \ • tf'f'fi't.; • t ~ t PROPOSED RETAINED POND DRAINAGE 1 EXPANSION AREA TO (ALTERNATE No. 2) ~ POND AP-47 1 I ` LEBANON HILLS (ALTERNATE No. 1) ! - too ftkw*ft REGIONAL PAR& i ~ ; POND AP-47 DRAINAGE BOUNDARY 4 N- r • I 0 so sw 1 toot POND AP-47 COVINGTON LA. FORSSA WAY Bonestroo Rosene EAGAN, MINNESOTA GURE 1 Asssocik A 1c:2 ~ sociates JULY 2000 STORM FLOOD ANAL Engineers 6 Architects K;\49\4900109\Cnd\dwg\4900109F32B.dwg 10/29/2001 1004;38 AM CST K:\49 OCTOBER 1, 2001 COMM. 49-00-109 A summary of the results of the original (Prelim. Design Report-April 2001) and alternative improvements for Ponds AP-47 is presented in the following table. Suisun of Im acts for Im rovement'Alternatives t;Pond AP-4 Existing Original Alt.-Imp., l Alt Imps.l Alt. Imps., improvement only, and.2 1,2,~ and 3 Low entry 4 homes: 941.9, 942.5, 942.9, and to 943.4 Normal Water Level 934.0 934.0 934.0 934.0 934.0 ;1% Hi Water Level 939.1 938.2 938.6 937.7 937.4 Freeboard? Yes Yes Yes Yes Yes 'July 2000 storm 944.0 943.3 943.2 942.5 942.1 July 2000 benchmark?. No No No No No (3 lowest (misses by (misses houses still .6' for low by .2' for flood) house) low house The improvements are feasible from an engineering standpoint, and will decrease the magnitude of the impact of a July 2000-type storm on the lowest houses. Alternative Improvement 3 will not result in the protection of any additional homes however, and is therefore not cost effective. A viable alternative would be to install a window well around the low entry (a basement window) to raise the elevation of the entry by at least 0.2-feet. At the neighborhood meeting on October 30, 2001, the owner expressed a willingness to do this. DISCUSSION Construction of alternative improvements 1 and 3 (berming and temporary ponding in Ridgecliff Park) will have an impact on Ridgecliff Park which will need to be weighed against the flood control benefits of the improvement alternatives. Construction of Alternative Improvements 1 and 2 will provide protection to 3 of the 4 lowest homes for a July 2000 - type storm. EASEMENTS AND PERMITS Permanent drainage and utility easements will be needed, as will temporary construction easements. 3 a ii COST ESTIMATE A detailed cost estimate for alternate improvements is provided in Appendix A and the cost for the different alternate improvement combination is summarized in the table below. Summa of Costs for Alternative Improve ents (Pond AP47) Total Cost Additional Incremental Cost Alternate Improvement 1 $84,000 N/A Alternate Improvements 1 and 2 $180,000 $96,000 Alternative Improvements 1, 2, and 3 $342,000 $162,000 The estimated cost for constructing Alternative Improvement 1 only is $84,000, $180,000 for constructing both Alternative Improvements 1 and 2, and $342,000 for constructing all three improvements. All costs include 10% for contingencies and 20% for indirect costs. PROJECT SCHEDULE Present Draft Feasibility Report October 2, 2001 Neighborhood Meeting October 2001 Public Hearing November 8, 2001 If Project Approved Approve Plan & Specifications Winter 200112002 Open Bids/Award Contract Spring 2002 Project Completion September 2002 4 130 city of Cagan Appendix A /3/ a ~ Area 6 - Pond AP-47 (Forssa Way / Covington Lane) Alternate Improvement #1 - Ridgecliffe Park Storm Water Retention Qty Item Description Unit Unit Price Total Price 1 Mobilization LS $5,000.00 $5,000 1 Traffic control LS $500.00 $500 1 Clear and grub LS $3,000.00 $3,000 200 Remove bituminous trail SY $5.00 $1,000 1,450 Common borrow for berm CY $10.00 $14,500 350 12" storm sewer, 0'-8' deep LF $30.00 $10,500 2 4' diameter storm sewer CBMH EA $1,600.00 $3,200 1 Connect to existing structure EA $1,000.00 $1,000 85 Aggregate base, Class 5 for trail TN $20.00 $1,700 30 Bituminous wear course, Type 41A for trail TN $80.00 $2,400 20 Sawing bituminous pavement LF $5.00 $100 300 Improved pipe foundation LF $3.00 $900 2 Structure marker EA $50.00 $100 2 Protection of catch basin, non-street EA $50.00 $100 10 Water for dust control 1000 GAL $20.00 $200 4,250 Sodding, type lawn SY $3.00 $12,750 460 Topsoil borrow (LV) CY $15.00 $6,900 Subtotal $63,900 + 10% Contingencies $6,400 Construction Total Part A $70,300 +20% Indirect Costs $14,100 Total Improvements - Part A $84,000 Alternate Improvement #2 - Pond AP-47 Expansion Qty Item Description Unit Unit Price Total Price 1 Mobilization LS $5,000.00 $5,000 1 Clear and grub LS $10,000.00 $10,000 6,350 Pond Excavation CY $8.00 $50,800 1 Seeding AC $2,500.00 $2,500 300 Topsoil borrow (LV) CY $15.00 $4,500 Subtotal $72,800 + 10% Contingencies $7,300 Construction Total Part B $80,100 +20% Indirect Costs $16,000 Total Improvements - Part B $96,000 Pond AP-47_ ReportCostEst(1029) 13a Alternate Improvement #3 - Karis Way / Covington Lane Storm Sewer Qty Item Description Unit Unit Price Total Price 1 Mobilization LS $5,000.00 $5,000 1 Traffic control LS $2,000.00 $2,000 1 Clear and grub LS $500.00 $500 400 Remove concrete curb and gutter LF $5.00 $2,000 700 Remove bituminous pavement SY $3.00 $2,100 350 18" storm sewer, 0'-8' deep LF $45.00 $15,750 6 15" storm sewer, 0'-8' deep LF $40.00 $240 3 4' diameter storm sewer CBMH EA $1,600.00 $4,800 1 4' diamter storm MH EA $1,600.00 $1,600 1 2'x3' CB EA $1,000.00 $1,000 1 Connect to existing structure EA $1,000.00 $1,000 250 Common excavation - street CY $10.00 $2,500 350 Aggregate base, Class 5, 100% crushed TN $12.00 $4,200 90 Bituminous base course, Type 31 B TN $40.00 $16,000 65 Bituminous wear course, Type 41A TN $45.00 $31,500 35 Bituminous material for tack coat GAL $5.00 $3,500 400 D412 surmountable concrete curb and gutter LF $12.00 $4,200 60 Sawing Bituminous Pavement LF $5.00 $450 200 Improved pipe foundation LF $3.00 $105 1 Structure marker sign EA $50.00 $20,000 3 Protection of catch basin, street EA $50.00 $150 10 Water for dust control 1000 GAL $20.00 $200 2 Motor grader with operator HR $100.00 $200 850 Sodding, type lawn SY $3.00 $2,550 95 Topsoil borrow (LV) CY $15.00 $1,425 Subtotal $123,000 + 10% Contingencies $12,300 Construction Total Part C $135,300 +20% Indirect Costs $27,100 Total Improvements - Part C $162,000 Total Part A - Ridgecliffe Park Storm Water Retention $84,000 Total Part B - Pond AP-47 Expansion $96,000 Total Part C - Karis Way / Covington Lane Storm Sewer $162,000 TOTAL IMPROVEMENTS $342,000 Pond AP-47_ ReportCostEst(1029) 13.3 a r city of Cagan Appendix B /3 4.6.7 Forssa Way (Pond AP-47) - Figure 6.8 Issue(s): Four residences adjacent to Pond AP-47 flooded due to high water levels in pond Category: 3 (Low entries are above freeboard elevation for the 1% rainfall HWL) Existing Conditions: • Low Entries • Home @ 941.9 - 943.4 • Normal Water Level - 934.0 • 1 % Rainfall High Water Level - 939.1 • Applicable Freeboard Criteria - % pond "bounce" above HWL o Required Freeboard - 2.6' o Actual Freeboard - 2.8' o Meets City Freeboard Criteria? - YES • Emergency Overflow - N/A • July 2000 Storm Peak - 944.0 Special Considerations: None. Description of Basic Improvements: None needed. Description of Additional Improvements: The improvement involves increasing the storage capacity of Pond AP-47 by approximately 20% by re-shaping the pond. (Note: The improvements will only reduce, not eliminate, the impact of a July 2000 type storm on adjacent residences. Cost-effective improvement options for this pond that will protect all adjacent residences from an extreme storm like that of July 2000 are not evident. Increasing the outlet capacity and therefore the rate of discharge to either Pond AP-48 (downstream) or to Ponds AP-15.1/AP-15 (to the west) is inappropriate, since these ponds experienced flooding problems during the July 2000 storm. Diverting discharge to the east to Johnny Cake Ridge Road and Almquist Lake (Pond BLP-4) would be very expensive and utilize capacity in that part of the system needed to address a Priority 2 street flooding problem in the Covington Lane area. Further increases in the storage capacity of Pond AP-47 are limited by steep topography.) Permanent drainage and utility easements covering some of the project area exist. However, it is likely that additional permanent easements will be needed, as will temporary construction easements. Effect and Cost of Additional Improvements: ' Normal Water Level - 934.0 • 1% Rainfall High Water Level - 938.2 • July 2000 Storm Peak - 943.3 • Improvement Cost - $78,000 Meets July 2000 Storm Benchmark? NO (Number of structures that would be flooded drops from 4 to 3) 47 /3.!57 o u Description of Special Maintenance: Because there is no effective EOF and the outlet of Pond AP-47 is only a 12" diameter pipe, that portion of the pond near the outlet should be cleaned out and a skimmer installed on the outlet to minimize the potential for plugging. Cost: $7,000 y. ' 48 113~ O)j 0)I O Ji we 1r' i z Oct 59 - - - I-------- - - I I 'o o O 0 • pooa •6p!a eiloD duuyor Z 1 mfs« --r I~ !r f • O< I f ! a w) W. f-j ILA j~~~ < N E _ 11J~ .dSO i a0 0 -ftft cr, cv, N N I : i • V' / r s g Is 1- . - . ~ ' it - / r CL w~ _ .i *r.', sr \.~'',G`✓r r~ 'V~\, I ..Nch::.. :....1 [ s v 7 1 Y .cL II. 1 : i C }J P1 ! gK eUO~ NII i 1 xj; 7-7 0. 7. 'Cl O ^f ter. E i 3 0,00 X-cd wok eJirue~ - t "k \ ` r ! a > \ J --wo-1E Waouel : 3 E 1:75 r .1. 00 GO 00 F J! 31 CL NN z r _ a. ao `Narnk Drive eA7J___ N 0_.~ / If X t ~O7 r~~W z INON O' 71 < Y 4J 1 i I kxu- 16 0 CL c Y. l r < W Q > g ~`i --7- 1 , - 1--- rr r f1 " - Q 0 Z O W z (D 0 Q W x i j~ INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECT 844, FORSSA WAY OCTOBER 30, 2001, 7:00 P.M. STORM MITIGATION IMPROVEMENTS Attendance: Russ Matthys, City Engineer; Mark Hanson, Rich Brasch, and Kevin Kimmes, Bonestroo, Rosene, Anderlik & Associates, Inc.; 6 residents representing 5 properties. A. Welcome and Introduction • City Engineer Matthys gave an introduction and described the public improvement process including the public hearing at the Council meeting on Thursday, November 8. B. Presentation • Mark Hanson presented the proposed improvements and explained the three alternatives. He explained the details with a table of the associated flood elevations and improvement costs. C. Questions/Comments 1. Why not dredge out the muck in the pond? Storm ponding storage is obtained above NWL: 2. What if you dredge sediment to make pond deeper? Invert elevation of pipe controls storage, not the material or space below NWL. During dry periods, additional storage is available due to lower water level. Why don't you permanently lower the water level? This would require lowering of existing outlet pipes at significant cost due to depth and developed condition of area. 3. Explain the berm philosophy. How do berms in park hold water back for seven hours? We had water in our house for seven hours. Water would be detained adequately to prevent three of the four impacted homes from flooding in a July 2000 equivalent storm. 4. Is it possible to berm around Pond AP-47 to increase storage? Yes, but it poses problem for drainage from homes to ponds. 5. How about drain through berm with flap gate? We would still need to address drainage after the flap gate closes. 6. What outlet size do the catch basins behind the proposed berms have? Catch basins would be connected to existing storm sewer with 10 inch pipes. 1 /3 0 7. At our last meeting, we asked for 12-inch outlet pipe to be inspected. Has outlet pipe for AP-47 been inspected? I believe so. Staff will verify. (Pipes inspected 11-2-01, no blockage found) 8. What improvements are you doing downstream? Skimmers on outlet pipes for Ponds AP-47 and AP-48 to prevent plugging. 9. Why can't we expand the pond enough to prevent all four homes from flooding? Scrub trees in area west of pond. Significant impacts, expensive clearing and grading. Don't increase storage space much when get into steep slopes. 10.Can't we go further south with the pond? Impacts are increased to homes, City Park, and Regional Park. II.Can you tell us which houses have what elevations? Don't have that information here. Will provide that to residents. (1722 Forssa Way- 943.4, 1726 Forssa Way- 942.5, 1730 Forssa Way- 941.9, 1734 Forssa Way- 942.9) 12.In how many projects have all homes been protected to meet July 2000 storm? Nearly all. Your area currently meets City Standards, but all areas with approved projects have not met City Standards. Improvements to meet standards typically satisfy July 2000 storm. 13.How can we meet City Standards and yet we still flooded? Explained freeboard determination used. in standards. 14.Does computer model take into consideration difference between paved area and grass area? Yes. When ground is saturated it functions similar to pavement. 15.I've raised my windows and made them smaller sized, to raise low-entry elevation. 16.Can you come out to my house and tell me what I can do on my own? Yes (Tom - 1730 Forssa Way) 17.Why not lower park area where hockey rink or ice skate rink is? Option that we would need to work with the Parks Department on. 18.What about running storm sewer to Johnny Cake? Puts drainage into other major drainage area. Cost benefit is limited, expensive to do with limited return. 19.How much storage capacity is there in pond? About 10 acre-feet. I don't understand how berming will provide adequate storage. GAMPO I /MISC/MINUTES/Proj.844 Forssa Way 10-30-01 2 /39 o M NEIGHBORHOOD MEETING FORSSA WAY PROJECT 844 TUESDAY, OCTOBER 30, 2001 - 7:00 P.M. NAME ADDRESS 3 rs Sc~ Lt/ 1. /7 2. ALA 17`3 S5c~ 173 c2) kq-:S~ s~' 3. a 4. Bad 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet /7o Agenda Information Memo November 8, 2001 F. PROJECT 845, ROCKY LANE/PADDOCK COURT STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve/Deny Project 845 (Rocky Lane/Paddock Court - Storm Mitigation Improvements), and if approved, authorize the preparation of detailed final plans and specifications. FACTS: • The storm mitigation improvements proposed as part of Project 845 would address the flooding that occurred in the area as part of the July 2000 Super Storm. The improvements presented in the feasibility report add the consideration of retaining walls as over-sized window wells in addition to the base option of removal and replacement of storm sewer represented in the Preliminary Design Report (April 2001). • The PDR identified this impacted area in the MCS category because the low entry elevations for the identified impacted residences are above the freeboard elevation for the 1% rainfall. • On April 30, 2001, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of storm mitigation improvements for the area including Pond BP-29.7, located north of Deerwood Drive. • On October 2, the feasibility report for Project 845 was presented to the City Council and a Public Hearing was scheduled for November 8 to formally present and discuss the report with the adjacent property owners. • An informational meeting was held on October 30 at 8:00 p.m. in the Community Room at City Hall to discuss the proposed improvements. 4 residents representing 3 of the notified properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages. through • Neighborhood Meeting Minutes, pages through. o e 1EL city of aagan Report for Rocky Lane (Pond BP-29.7) Alternative Improvements July 2000 Superstorm City Project No. 845 Eagan, Minnesota October 2001 File No. 49-00-109 Bonestroo, Rosene, Anderlik and Associates. Inc. is an Affirmative Action/Equal Opportunity Employer Bonestroo and Employee Owned Principals: Otto G. Bonestroo. PE. • Marvin L. Sorvala. PE. • Glenn R. Cook. PE. • Robert G. Schunicht. P.E. Rosene Jerry Bourdon. PE. ® Anderlik & Senior Consultants: Robert W. Rosene, PE. • Joseph C. Anderlik, PE. • Richard E. Turner, P.E. • Susan M. Eberlin. C.P.A. _ Associate Principals: Keith A. Gordon. PE. • Robert R. Pfefferle. PE.. Richard W. Foster, P.E. • David O. Loskota. P.E. Associates Mark A. Hanson, PE. • Michael T Rautmann, P.E. • Ted K. Field, PE. • Kenneth P Anderson, PE. • Mark R. Rolfs, PE. David A. Bonestroo. M.B.A. • Sidney P Williamson. PE., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt. PE, Engineers & Architects Thomas W Peterson. PE. • James R. Maland. PE. • Miles B. Jensen. PE. • I. Phillip Gravel 111. PE. • Daniel J. Edgerton, PE. Ismael Martinez. PE. • Thomas A. Syfko, PE. • Sheldon J. Johnson • Dale A. Grove. PE. • Thomas A. Roushar, PE. Robert J. Devery. PE. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee. WI • Chicago. IL V*bsite: www.bonestroo.com October 29, 2001 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 Re: Feasibility report on alternative improvements - Rocky Lane (Pond BP-29.7) July 2000 Superstorm City Project No. 845 Our Project No. 49-00-109 Dear Mayor and City Council: Attached is a feasibility report with an evaluation of an alternative improvement for the above- referenced area. The report contains the following sections: • Introduction/history • Improvement Option(s) and Feasibility • Discussion • Easements and Permits • Cost Estimate • Project Schedule The original write-up for this area from the April 2000 Preliminary Design Report is presented in Appendix A. As always, we are available to meet with the Council and/or City staff to discuss the contents of the report. Respectfully submitted, BON TROD, ROSENE, ANDERLIK AND ASSOCIATES, INC. Rich Brasch PROFESSIONAL CERTIFICATION I hereby certify that this report was prepared by me or Under my direct supervision and that I am a duly Registered 47 Weer de a la s f the State of Minnesota. i~ 7('Q Mark Hanson Date 10-29-01 Reg. No. 14260 /3 2335 West Highway 36 • St• 55113 • 651-636-4600 a Fax: 651-636-1311 i~ October 2001 Feasibility Study for Project 845 Area 4: Pond BP-29.7; Rocky Lane; Paddock Court Eagan, MN INTRODUCTIONMISTORY Pond BP-29.7 is north of Deerwood Drive, between Johnny Cake Ridge Road and Pilot Knob Road, in the Sherwood Downs development. The area is comprised of single- family homes. A pond directly south and across Deerwood Drive, Pond BP-29.6,-serves a large school complex that includes Deerwood Elementary School and Blackhawk Middle School. Both ponds drain into a 48" trunk storm sewer that runs from BP-4 north to BP- 29 (See Figure 1.0). In the July 2000 storm, the water levels in both of these ponds rose to 869. 1, high enough to inundate Deerwood Drive by almost 2'. At this water level, the two ponds merged and acted as a single pond. Both, tributary drainage areas, the single-family home area to the north of Deerwood and the school site, contributed to this peak water level. This water level was high enough to inundate the basements of two homes on Paddock Court, and one at the corner of Rocky Lane and Deerwood Drive (the latter did not come to light until the October 30, 2001 neighborhood meeting). The lowest home has two windows at 865.9, 3.2' below the peak water level. The second lowest home has two windows at 866.9, 2.2' below the peak water level, and a sliding glass door at approximately 867.9, 1.2' below the peak water level. The approved grading plans for the two lowest homes showed building pad elevations at 868, 2.1' higher than one entry and 1.1' higher than the other. Thus, even if the homes had been constructed at the approved elevation, each would still have flooded during the July 2000 storm (peak water elevation of 896.1), though not as severely. The Preliminary Design Report of April 2001 proposed enlarging the outlets of both BP- 29.7 and BP-29.6 for an estimated cost of $29,000 (See Appendix A). This improvement was not needed to meet the 1% rainfall freeboard requirements, but it did address two significant concerns. Enlarging the outlets would take advantage of temporary excess capacity in the 48" trunk storm sewer in order to control the levels in both ponds. This would accomplish the following goals for a rainfall event similar to that of July 2000: • prevent flooding of Deerwood Drive (Low Point Deerwood Drive 867.8) • prevent flooding of the low structures. This proposal addressed the water levels in both ponds because computer modeling indicated that each pond would rise independently above the roadway elevation during a storm similar to the July 2000 event. IMPROVEMENT OPTION AND FEASIBILITY The only apparent improvement to protect the low homes that would be less expensive than the outlet improvements requires constructing retaining walls, the equivalent of over-sized window wells, around the low windows at each home. These improvements are shown in Figure 1. At the home with the lowest entry, the wall would wrap around the southeastern corner of the house. To provide protection to the level of the July 2000 storm, the wall would need to be about 3'6" tall and would obstruct all but the top 12" of the existing windows. At the other home, a similar wall would need to be constructed along the eastern wall of the home to protect two windows. This wall would be approximately 2'6" tall and would obstruct all but the top 9" of the existing windows. In addition, the sliding glass door would have to be changed to a window in order to protect the home to the level of the July 2000 storm. These retaining walls should be constructed of poured-in-place concrete and should be located close to the homes in order to minimize the drainage that would collect behind them. However, these modifications will not prevent the inundation of Deerwood Drive, a major collector providing access across the freeway. DISCUSSION The cost savings between the alternative improvements and the improvements proposed in the Prelim. Design Report-April 2001 are small. The alternative improvements address only the issue of protecting the low homes adjacent to BP-29.7. Without enlarging the outlets to both ponds, Deerwood Drive would still be inundated during an event similar to the July 2000 storm. The impact of the alternative improvements to the homes would be significant: large concrete walls, obstructing windows, and changing the sliding glass door to a window. The owner of the home with the lowest entry has indicated his opposition to these modifications. EASEMENTS AND PERMITS Temporary construction easements will be needed from both residential properties if the alternative improvement is approved. COST ESTIMATE The estimated cost of constructing the walls as the alternative improvement is $22,000. Item Quantity Unit Cost Cost Mobilization 1 $1,000.00 $1,000 Excavation & granular fill 1 $850.00 $850 Protective wall - south home 175 s q. ft. $70.00 $12,250 Protective wall - north home 90 s q. ft. $70.00 $6,300 Replace sliding glass door with window - 1 $1,000 $1,000 north home Diverters on roofs 2 $300 $600 Total Estimated Cost $22,000 3 1~9 r Ell, APPAL00` MASS ~s PADDOCK WIN 6.9 ~ a° ' ~ a COURT LJ 00 I r O NEW LO11W PROTECTIVE w N WINDOWS .93 WAL6S-j a 0 ❑ RUAINI G U ALL POND \ - p BP-29.7, I ~C TRUNK STORM SEWER < DEERWOOD DRIVE UTLET BP-29.6 ! DEERWOOD ELEMENTARY 8 BLACKHAWK MIDDLE SCHOOL I / . DEERWOOD"DR.. 867..2... 2000:STORM =:86:9:1... . • ~ ~ LOW ENTRY HOMES 870 . L . ENTRY . 1- 11 2 HOMES . • 865.9-866.9 . . . . . . . : . ` `.1 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N. . POND BP-29,7 . . . . . . HWL $60.0...... . I ' NWL-855•0... , o . 850 ~ I j x , (1% :RAlNFALL7 830 0 PONDS BP-29.6 & 29.7 ALTERNATIVE IMPROVEMENTS Ronestroo Rosene 0 Anderlik 8 EAGAN, - MINNESOTA 1.0 Associates ' JULY 2000 STORM FLOOD ANALYSI / v PROJECT SCHEDULE Present Draft Feasibility Report October 2, 2001 Neighborhood Meeting October 2001 Public Hearing November 8, 2001 If Project Approved Approve Plan & Specifications Winter 2001/2002 Open Bids/Award Contract Spring 2002 Project Completion September 2002 /5 city of aagan Appendix A 4.4.3 Rocky Lane/Paddock Court (Pond BP-29.7) - Figure 4.4 Issue(s): Two residences adjacent to Pond BP-29.7 flooded due to high pond water levels. Category: MCS (Low entries above the freeboard elevation for the 1% rainfall HWL) Existing Conditions: • Low Entries o 2 homes 865.9, 866.9 • Normal Water Level - 855.0 • 1 % Rainfall High Water Level - 860.0 • Applicable Freeboard Criteria - % pond "bounce" above HWL o Required Freeboard - 2.5' o Actual Freeboard - 5.9' o Meets City Freeboard Criteria? - YES • Emergency Overflow - 867.2 • July 2000 Storm Peak - 869.1 Special Considerations: None. Description of Basic Improvements: None needed. Description of Additional Improvements: Replace the current 12' diameter outlet pipe serving Pond BP-29.7 with a 27" outlet pipe and remove the orifice in the current outlet. An equally necessary improvement is to increase the outlet capacity for Pond BP-29.6 on the Blackhawk Middle School grounds by replacing the existing beehive outlet with an 18" diameter pipe. Increasing the outlet capacity of Pond BP-29.7 as proposed will move water out of the pond faster early in a runoff event. This faster discharge will take advantage of the temporary excess capacity in the 48" diameter trunk sewer before flow from the upstream pond system reaches this point. The objective of the change in the outlet configuration of Pond BP-29.6 is to prevent this pond from flooding Deerwood Drive and avoid overland discharge across Deerwood Drive to Pond BP-29.7 during extreme runoff events. Effect and Cost of Additional Improvements: • Normal Water Level - 855.0 1% Rainfall High Water Level - 857.2 • July 2000 Storm Peak - 865.9 • Improvement Cost - $29,000 Meets July 2000 Storm Benchmark? YES 28 ! O' OI OI o to Ln 00 co 00 O d o u t~! ~ i• , j• ,IR~ v-' of 1 s~^.__. .:.._..-_...--1 o OY b u 0 : . . ! o VO o + b O X10 • 77. 04 ~j t I O LJ CL 4r. 9 CLPPERS ROAD LLJ 1 II'tl r``I i Fr \l~t~. ) N I I ~J / w I~~'.. j (9 00 C7 c i L .I. i. ; I ! °G rye I 11 . . . . Q., 4M 'p _._OJI- I f0 0, -ji 40. . fv - L- - - - - p 1j z0 CLIPPERS ROAD--•-r~,.~h n / I it . - • _ _ • • • . 00 % ` A=ll. ° IlZ Y C) cn 1`r I1 I - - - - i 0 ,.c Z wry' o N : I °o :I N I \ Lo I M 00 I co 00 I li INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECT 845, ROCKY LANE/PADDOCK COURT OCTOBER 30,2001,8:00 P.M. STORM MITIGATION IMPROVEMENTS Attendance: Russ Matthys, City Engineer; Mark Hanson, Rich Brasch, and Kevin Kimmes, Bonestroo, Rosene, Anderlik & Associates, Inc.; 4 residents representing 3 properties. A. Welcome and Introduction • City Engineer Matthys gave an introduction and described the public improvement process including the public hearing at the Council meeting on Thursday, November 8. B. Presentation • Rich Brasch presented background on the original Preliminary Design Report (April 2001) proposal and the additional improvements considered regarding the construction of retaining walls as oversized window wells. He explained the details with a table of the associated flood elevations and improvement costs. C. Questions/Comments 1. Homeowner at the northeast corner of Rocky and Deerwood flooded about 6" above low entry elevation. Unfinished basement, so didn't call City. 2. Are we taking into account for the calculation of the future flood elevation the water that was in my house and now wouldn't be with the proposed improvements? Yes. 3. We recognize the public benefit and insignificant cost of the Preliminary Design Report proposal due to the flooding that. occurred on Deerwood Drive, but should we still show up at Public Hearing? It would be best for you to represent your own interests and concerns. GANVOUMISC/MINUTES/Proj.845 Rocky Ln-Paddock Ct 10-30-01 /1 w NEIGHBORHOOD MEETING ROCKY LANE/PADDOCK CT PROJECT 845 TUESDAY, OCTOBER 30, 2001 - 8:00 P.M. NAME ADDRESS 1. YAK ~s~> c- ~t-ri-- g c y v ✓ L „J 3. PO t O C I q-~ 0 ~a DGIC 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G: FORMS/SIGN-IN.Sheet y Agenda Information Memo November 8, 2001 Eagan City Council Meeting PUBLIC HEARINGS: G. CERTIFICATION OF DELINQUENT UTILITY BILLS Action to be considered: Approve or deny certification of delinquent utility accounts to Dakota County for collection with property taxes. Facts: • The City currently has approximately 273 utility bill accounts with delinquent payments. The assessable amount of these accounts is $45,735.40. These items are in order for certification to the County. Attachment: • Delinquent account list: pages /5 through lam, /SOY I w I I ~s O I .--1 I 1 ro 04 1 m I r I o I O 1 o I N I ~ I I Q 1 z o I I I 1 I 1 I I I I I LO Ln LD Vr Vr ON LD r w 01 r-I co r-I H VI co r- O m w m m V' 1` N ON r-I H I M N O1 M V' Ln M N M M M CO Vr Ln Vr LD OD M In M Vr LD M O N I N H In Ln O Ln ri Ln Ln w M co v w r M O In co N r- M m co LD LD M I I 00 01 N N w O r-I ri O M ON 0) 0) M N rn O -W r- ON 00 M Ln rn N OD W C ) I ri ri r-I N ri N r-I N M N ri 1-1 ri ri N N ri (14 M r-1 ri ri r-I ri) I wi N i 1 1 1 I I 1 Cl) H ~ ~ I HI ~ I I I U U U V U U U U U U V U U U V U V U V U U U U U U U V [-4 1 i O UI UI I I I Ln Ln LD v v m w r- w O1 H w ri r-1 VI w r- O m w m m VI L- N 0\ ri I M N LD O~ M Vr Ln Ln N M M M CD VI Ln Vr LD CO M Ln M Vr LD M O CV [r W I L- LD O Ln O W O O O\ CD M Ol ON N co Ln O M L- N 00 Vr M ri ri 00 a4 I Ln LD O M O 00 M co O LD r, w O O w Ln N Ln LO LD O M L- O w M O I 1•1 ri ri H r-I N M N r-I ri r f ri N N r-I N M ri ri ri r1 i HI I I 1 I I a I w I (TJ I I I l- LD co OD U1 N .;r r-I ri ri r-I N IV M M O Ln M O N N M N N 11 M I O O O O O O O O O O O O O O O O O O O O O O O O O O O H A I o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r-4 o 0 0 0 0 0 0 H I L- Ln r- O M LD L- w H m Ln m w r-I M VI ri ri r1 v w 0 N W 1` co r a I O O M M r-I O O ri O N N O O O O N r-1 N ri r-1 ri N O r-1 O O r-I O 1 M M M H ri H r-I r-I r-1 r-1 r-4 1-1 M O O O O O O O H r-I M O O Vr V U i O O O O O O O O O O O O O O O O O CD OD O Ln Ln In Ln Ln Ln Ln U I r- 1\ r, r, L- t- n L. n L, Ll LD LD LD M OD co V• M M M M M M M I LD LD w w w w W LD W w w w %D VI Vr Vr N v v w Vr v Vr v VI v V I r-I r-I r-1 r•1 r♦ ri r-I r-I ri r-I H r-1 ri CO co 00 M N N ri co 00 00 CO CO OD 00 I O O O O O O O O O O O O O O O O O O O O O O O O O O O [Q I ri r4 r-I H r♦ r-L ri ri ri ri r-1 rd ri r♦ ri H ri ri ri r-1 ri r-L ri r1 r-L ri r-1 1 A ' W CQ i a w M Vr ri M Vr M M Vr V. 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O 0 0 0 O O O H r1 1-4 11 W U I M M M M M M M M M M M M M M d1 W.- V+ W V• V' V• V1 V• VI V' a eN 1x a I N N N N N N N N N N N N N N N N- N N N N N 04 N N N N N ~ I I W 0 I 1 co I a~ I rn I ro I I I I OD 1 ~ I I I Q ~ I 0 1 O N I I I a 1 °z I I o I I I I I I N M V• Ln lD O V' CD O CO Ln CO O N L- r- rl Ln co co Ln a% H O I'D M r4 H I Ln v ri ri ri N L~ r-I Lo V' 1-1 N ri 00 M Ln Ln r-I r O Ln rn Ln O r-i N OD i'74 I IT (4 CO O; M w N %D l- v O 0 M m N O r~ OD N I I om rn 10 Ln O H w Ln l0 N 0) CO rn W Ln r Ln rn M V• M ON N ri LD L, V] I r-i ri ri r-I N M .--I ri ri M r-1 r-4 M N .--1 ~ I WI co I c I I I I c I FI HI ~ I U U U U U U U U U U U U U U U U U U U U U U U U U U U E4 I I Q I UI U 1 I I I I N M Vw Ln w co OD O CO Ln co O N r t` ri Ln o CO Ln m r1 O LD M ri I t!1 d• ri ri ra N L- r-1 W V• ri N ri OD M Ln Ln ri r O Ln rn Ln CO ri N 0 V~ In l0 ~o C N, r W 1 rn co Orn LD M CO ri r ri N N 01 Ln O N N ri co* a I ri LD LD M M Co co V• N 1*1 L, Ln Lo V M Ln M LD ri r-I O LD rn m V• v O I ri ri ri r-I ri N ri ri ri M ri ri N ri ri 1 HI I I I I a w 1 pq I I I 01 O cr r C VL N ri O ~ In aD O M M ri r-1 .--I ri D• Ln ri N ri ri N r-I I o N ~ o ri o o ri r•+ o r1 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 H Q I o 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 o M ri o 0 0 0 0 0 H I M r- N Ln w ri N M v ri w m VL co M O Ln N ri ri In lw co N to Ln W a l 0 0 0 0 0 0 Co ri 0 0 0 0 Cl ri r4 M ri ri ri o Cl ri o Ln o Co 0 O 1 N O O O ri r-I IT O N M M M M M M ri ri O O O O M O O O N Ln U O O O O O O O En O O O O O O O LD w LD LD O Ln Ln O O O O O U O O O O O O O M Ln Ln Ln Ln Ln Ln Ln V' -w w v %D W w M 0) OD rn rn I M M M M M M M VL W W LD W %D r- r- a w w w ri M M ri ri M Ln Ln I n r r, n r t` r ri h n t` t` n Ln Ln w O CO OD O OD OD N N H w w 1 O O O O O O O O O O O O O O O O O O O O O O O O O O O CQ 1 ri ri ri ri H ri ri r1 H ri ri ri ri ri ri ri ri ri r-4 ri r-L ri r-4 ri r-4 ri ri I Q I 1\ W pq I H I a 1 Ln N M r-I LD Ln N ri N N M N l- M N M N M ri m ri M M r-i TP M O O O O O O O O O O O O O O O O O O O O O O O O O O O O C!1 1 I O c m H m w m LD w w M r, ri ri M r- ri rn CO In O M w O T w m H 1 O O O O O O O O O O O O O O O O O O O ri O O O O co O O H I w Oo w N o ON Ln N H r- CO M r- Ln O N w 00 rn V' co O N LD LD w ON a z I ri M Ln r, a O LD m ON N N t` 00 w Ln t` co M M ID -1 OD Ln LD N r N O O I O O O O r-I ri H ri O r-I r-I ri H N N N N M M O ri r-1 O O ri O M a U I N N N N N N N N M M M M M M M M M M M W Ln Ln W W r` 00 CD W U I 144 VW if v V' v VL v v VL V• It V' VL v 0. v V' v -0 W V v v V• VL W a t N N N N N N N N N N N N N N N N N N N N N N N N N N N 1 LN I ~I 9 Q 1 Q\ I 1 Q) 1 a I 1 1 1 ~ I . ~ I O 1 I rl I o I 0 1 N I I 1 I O 1 z 1 1 I ra I o I 1 I 1 1 1 I I I I I I O co 10 rn %o r` Ln rl Ln qcr h rn O r4 N rn Ln Ln -46 w 0 m N r, Ln r- en E-I I O r-1 0) 01 O r O Ln N O r Ln r1 111 O r1 N O O 1D L: Ln LD fD O c+l r•1 I 1 rn Ln r VI Ln co c4 O O Ln rl o Ln c4 r4 N r` rn co m a Ln. w o r4 O N 1 I L- 0 0 rl r- O N U1 Ln Lo VI LD N O r~ W N co LD 01 %D V• 01 O H O " UI I 14 N H N H Ln r-I rl N r•1 H '-1 r 4 14 14 M rl co I WI c 1 C I a1 ~ 1 1 1 w 1 EI a1 E-1 1 I I U U U U U U U U U U U U U U U U U U U U U U U U U U U a a a a a a a a a a a a a a a a a a a a a a a a a a a 1 I UI U 1 al 1 1 1 O O LD 01 Lo Ln L+1 to VI r C1 0 14 N m m Ln v v m m N h to n r1 1 0 ri o z rn. o o to N o r. . . . . . 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Ln o co o m r4 p1 1 o r-4 o o r4 0 o o O N o o o O H o o O O Ln r4 o r-1 O H o o O I N rl rl m O O N r•I O H O O O N O O O O O H O O H N N 0 O U I 01 01 01 m O O 0 O to w O O 0 Ln O Ln m O O Ln 0 In Ln to Ln O O a 1 v v VI VI rl H VI m 0 LD r4 rl W W 0 r- N W m v r, r- L\ r. 1` 0 1` I H H H H M rl ri r-1 VI 0 O v H H Ln r~ rl H ri v d v VI VI v H w I O O O O O O O O O O O O O O O O O O O O O O O O O O O RI 1 rl r-I H H H e4 r-1 r4 H r4 r -I r-4 H r•1 ri H r1 rl r♦ H H 11_ rl r♦ r 4 r•1 ri 1 W CO 1 E 1 G: I L- ri N W rl r•4 M N rl r4 rl VI N V r4 N N N d r•4 N V• Ln r4 H N N O 1 O O O O O O O O O O O O O O O O O O O O O O O O O O O W I I N 01 O t- VL N VI O O o N O O w N r•1 01 L- w N m r4 r1 0► %D Ln Ln I O O O O O O O 0 O O O O N O O O O O O O O O O O O O O f+ 1 r-I 01 LD r- m N LD 01 VI O VI r4 r- 01 m r•1 M O 0% Ln rl rn rl r1 LD N P LL' 1 V' 10 N m r4 t, O O rn rn H t` N C, w O O r- t` O Ln LD O N N a t0 O O I O 0 r-1 r4 0 O O 14 O VI O O 14 V$ r•1 0 O 0 O rl 0 O r-4 r♦ r4 0 0 LL U 1 O O 0 O ri rl N rl Ln LD Ln ri r4 H N r1 M r1 r1 V• Ln Ln Ln Ln Ln LD LD ' W U I Ln Ln Ln 111 Ln Ln Ln En Ln In Ln LD %D Lo \D LD W to LD W LD LD %D LD LD Lo LD LL' 41 N N N N N N N N N N rl r1 rl m m rl r1 r1 m r1 rl rl r1 m rl cl rl 1 ~ 4~ o H 9~ O I a o ~ H i o ~ o ~ N ~ O ~ z o ~ i r c,4 V' N CI) Q) D) M H M to co CO O) 'cN M ~M N O M N W W O M N M O l~ H N LD V' O W VI H H V' CI) V' N H N Q) l, m O 0 I ~ LD %D Ln O v d• W O In O l0 O) m LD q. N Ln H N W N ~o N C~ co I i co V' N M %.D O M M H LD L, co LD W L- O W H W W H rn W rn r- U1 N N H H M r-I N N H H H H H N N H N H V. H H (14 W ~ I co U) I I m i HI HI U U U U U U U U U U U U U U U U U U U U U U U A CO PO M I rC rC FC RC RC rC FC FC U U U I O~ UI U ~ I I l~ 10 N d' N 01 m CA M H M 1l1 t` W W D1 -10 M -qq N O M N 111 co LD Ln I N M O L- H N LD v O co 144 H H v m v N H w N O) L~ M H M O O z , w I H H O M D\ D1 M Ln O U1 H N O H D) L~ O kD C M r~ ri O r sM M a I W N O O M P H O rn M Ln LD v o- Ln r- Ln LT H M LD W r O Ln r. Ln O I N N H H N H N H H H H H H N H H H H H Ln N I I W M I I I W ~ W ~ i I co O N H M N N O) V' H Lf) to N M lD H N N H d• H H H H M lD f I O O O O O O O O O O O O O O H O 0 O O O O O O O O H H A I O C) O o 0 o O o O O o O o O o O o O O o 0 0 o O o 0 H 1 N M O L, v M O co D) W H VD M co v w m w N w N M CP m O N a I O O v O H O N O H N H O O M H N O N O O O M H H H O O I O O H H H O O O O O O O O Ln w Ln O O rn Ln O H N N O O U L O O O O O W LD O O 0 0 0 L- M L- O W r L, O LD O 0 O 0 U I W O Ln Ln m m O O Ln Ln In Ln m N M O 1` O O W LD VI W w O 0 M N LO Ln LO N Ln Ln N N N N O co V• Ln m Ln u) Ln V• N W Ln M I O M H H H M VI VL L- L, r, r- M H H VI H V q;V r- H N N co H L, I O O O O O O O O O O O O O O O O O O O O O O O O O 0 Q~ I H H H H H H H H H H H H H H H H H H H H H H H H H H I A ~ W A I H~ I V' H H N H H M M v H N V M N H N N H N N H H H L11 M LD Q I O O O O O O O O O O O O O O O O O (D O O O O O O O O U) I I rn H rn w Ln H N Ln co w r- N O Ln r, Ln v w O M w r- VI co M w Ei I O O O O O O O O O O O O O O O O O O O O O O O O O O H I H D) m H In VI N N M w w m M O H O CD O N L- co Ln H N VI H (y~ :.7 I L~ N M L!) M H O) N LD LO w O Ln L, W LT N W M H LD O) N O Ln ,O O I O O H N N O H H O O H H O O H O H O H O w rl W H H O W U I LD LD L, r- L- co O O H H H H N Ln LD n r- W W O N N N H ON N w U I LD W %D w w w r- L- n L- L- L- L` L- L- L- r, r L- co W W co H H VI LY. a' I M M M M M M M M M M M M M M M M M M M M M M M H H N w. 0 + ,4 ro a + m + r ~ o o + o N + i z + C3 + + + + + ~ ~o 0 E+ + r V+ ~ +n ui + + N M CA . 1-1 r w i Ln W + V c + rn i + E+ + E+ ~ W + i + pq n E-4 U 1+ Z + v V+ U+ + ~ t0 1f1 0 + r N V+ z+ W + o +n +n a + o CO CO O + ~ w rn i + OD E4 + rn a w + ao i O ~ o E+ Q + o H + L C6 o O + o U + o U + r+ + CO ca W W+ E-4 ~o O + o cn +n o E+ + - 0 O + o + N ~ W U + %D Cd iQ + rn Agenda Information Memo November 8, 2001 Eagan City Council Meeting PUBLIC HEARINGS: H. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS Action to be considered: Approve or deny certification of delinquent false alarm bills to Dakota County for collection with property taxes. Facts: • The City currently has approximately 14 false alarm accounts with delinquent payments. The assessable amount of these accounts is $3,875.00. These items are in order for certification to the County. Attachment: • Delinquent account list: pages ~41retrg - A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O O O O O o O o a O O O O O O oO O o to W) o w m O m O O O Lo 0 o . . . . . . . . . . . . . . O O N N (O r. O N O ►z O~ ti t[) (O co O r- 1O O O M r- M M M M O r N ~ r N N M r r r N r v r Q' r r M U) Z W Q Q O O O O O O O O O O O O O O O O O O u1 O W~ tO O U~ O LO O u~ tO O O Vj M 1` P- O N N (O 1- LO N UO N N O 0 (O (D v IT M 00 O (D V (D V- (D r 00 O r-- r r N N Cl) r N r v r v co M H Z O Z M 0- Q O r (p (V r M r r v r r N v M r J O O O O O O O O O O O O O O Q O O v O 0 0 0 0 0 0 0 N O O 0 r r r U) r O N T- M N T- M M r r O O O O O N O O O O O O O O O O r O Q r O N r r 0 0 U-) r M N O N r O (n N 0 O 1- O r 00 0 O (O O 1- O r` O Q (n tO W 0 et v 1~ I~ 1~ 00 1- v O v m V LO Z• r M (/1 N N N f` (D 1~ r (D v v N r N 00 W r J N O N r r r N r r N O N V- 6 O O O O O O O O O O O O O O Z U. O U z O a U H W U O i ~zj Agenda Information Memo November 8, 2001 Eagan City Council Meeting PUBLIC HEARINGS: 1. CERTIFICATION OF DELINQUENT NOXIOUS WEED CUTTING BILLS Action to be considered: Approve or deny certification of delinquent noxious weed cutting bills to Dakota County for collection with property taxes. Facts: • The City currently has 1 noxious weed cutting account with delinquent payments. The assessable amount of these accounts is $155.00. These items are in order for certification to the County. Attachment: • Delinquent account list: pagesa4iwo~ /6 O C) 0 0 0 o 0 OI O' O O O O O O O O O LO O O I In LO O` Lo O Lo a u? Ln O O O O (V N LA 1- h 0 N O 1, O 1l- 1- UA LO co O r- ti LA O O 07 1,- D) M O M O N N N M ~ v N sf ~t M (A z (n Z W Q Q j I ~ I O O. 0 0 0 0 0 0 0 0 OI O Co O O O O O Uf U( O L() Ln O' Ln (9? In j 0 Un U") j O 9l LO LO 1l- 1- O N N i Ln 1-- LO N U) N j C-41 O LA LO (fl M CO CO I co ¢T (D (D OO 0) 1` r N N M e-i N rl V 00, M I IZ I I I O w a o I (Di N M r ~I N M r O O' fr O O O 9191 O i O'I O O 919 O O O ,;T 0 O OI O, 01 O O OI N O01 O U) r r ~ lA ~i O N~i OO NI T- O M e-i ~ O Oi O O O N O O O O OI O Oj O O O O Q T- I Oi N O O Lnl M N 6 N F" O y N Ln o ti ao j 00 Ln o LD o 1~ O t o p U-) p Ln W Ln l y v r- r~ II- o r` o v C) j v U.) Z W M V3 N ~ 1- N N tD t-- (D N r CV i co N W r- J N O N v-- v C NI (D N O N -1 O Q O O O O O O O O O O O O O O O r r r r r Z Z r U. ° CD Z ° F- Q U H W U, i I ~ . ~~a Agenda Information Memo November 8, 2001, Eagan City Council VII. OLD BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION - SHELTER CORP. ACTION TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment from RC (Retail Commercial) to MD (Medium Density Residential) be submitted to the Metropolitan Council for review and approval. To review a Rezoning/Preliminary Planned Development and Preliminary Subdivision (Cedar Villas). FACTS: • The site consists of 17.1 acres of land located west of Nicols Road and north of Erin Drive (across from Rahn Park) in the SW of Section 30. • The site currently has a zoning designation of CSC, Community Shopping Center, and a land use designation of RC, Retail Commercial. The applicant is proposing a land use designation of MD, Medium Density Residential (4-12 units per acre) and a rezoning to PD, Planned Development, to accommodate the private streets and multiple buildings on a parcel. • This proposal was before the City Council on September 18, 2001, and was continued at that meeting to allow the developer the opportunity to revise the plans to address the Council's concerns. • The developer has submitted a revised concept site plan, and a summary of the changes that have been made to the original submittal. • Modifications include a reduction in the total number of units, and the number of three-bedroom units. The number of garage stalls and total parking spaces was increased, detached garage buildings have been added. The revised plan allows no on-street parking, and provides a trail along Nicols Road. In addition, brick has been added to the building facades. • Building footprints and site plan for the Dakota County portion of the project are essentially unchanged. • Site amenities remain unchanged a central clubhouse with community room, a swimming pool, two tot lots, one older children's play area, and a basketball court. The stormwater pond will be constructed on the northern part of the site within the power line easement area. • We anticipate that the developer will have additional exhibits to share with the Council during the November 8'h meeting. • The Advisory Planning Commission held a public hearing on August 28, 2001. The APC recommended approval of the Comprehensive Guide Plan Amendment, and of the Preliminary Planned Development and Preliminary Subdivision, subject to the conditions in the APC minutes. ISSUES: • The detached garages on the west side of the site adjacent to Cedar Avenue (Hwy. 77) do not appear to meet a 50-foot setback from that right-of-way. This deviation in setback can be accommodated within the Planned Development if the Council finds it acceptable. • The conditions of approval in the APC minutes should be modified to reflect any changes made by the Council and to ensure compliance with the intent of the revised concept plan at the time of Final Planned Development. ~ r • Some of the preliminary plans will need to be revised to provide greater detail for the Final Planned Development application. • Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Rezoning/Preliminary Planned Development and Preliminary Subdivision will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan Amendment. • Although formal City action on the proposed Rezoning/Preliminary Planned Development and Preliminary Subdivision will be withheld pending Metropolitan Council review and approval of the Comprehensive Guide Plan Amendment, it is appropriate for the Council to comment on the proposed subdivision and development plans at this time. ATTACHMENTS: Correspondence from Shelter Corp. and revised site plan, pages August 28, 2001, APC Minutes, pages 12:;ihrough Staff Report, pages~st through 2-;L6 Other correspondence, pages=44wenTtr- 90Z 1 Corporate Office San Antonio Office Shelter Corporation 900 Second.-V enu~ South 5000 IH 10 Wea. Suite 600 Suite 580 San Antonio. TX 78230 Minneafoh,. MN 1'10) j_'»-7,71)1 October 31, 2001 (612) 3-11-7800 Fax (210) S-1-1-7701- Fax (612) Pamela Dudziak City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Subject: Modifications to the Cedar Villas townhomes Dear Pam, The following outline highlights the significant changes that Shelter Corporation has made to the Cedar Villas Townhomes in response to suggestions made by the Mayor and City- Council members. The Dakota County Community Development Agency's development is unchanged. Original Modified Change Overall Development Number of units 158 138 Reduced 20 units or 13°ib Units per acre 9.24 8 Reduced 1.24 or 13% Sidewalks All internal Also aloe Nichols Road Added Nichols Road sidewalk Shelter Corporation Number of units 124 104 Reduced 20 units or 16% Number of 2 bedroom units 66 60 Reduced 6 units or 10% Number of 3 bedroom units 58 44 Reduced 14 or 240%o Total number of bedrooms 306 252 Reduced 54 bedrooms or 18% Number of garage stalls 150 1.2 per unit 208 2 per unit Increased by .58 or 670o Number of parking spaces 215 (1.73 per unit) 245 (2.36 per unit) Increased by .63 per unit or 36% On street parking Some allowed Not allowed Total parkin 365 2.94 per unit) 453 4.36 per unit Increased by 48% overall Front Exterior Finish Wood and siding Brick, Wood and sidiri Added brick In addition to the development's physical- changes, a management improvement was also made to incorporate a disclaimer relating to airport noise directly into the lease so that potential residents are aware of the airport noise. The Shelter Corporation townhomes will continue to have an extensive amenity package including central air conditioning, full size washer and dryer, a micro wave, deck or patio, ample closets, and large bedrooms. Some townhomes will also have a fireplace and vaulted ceilings. The overall development will continue to have community amenities including a swimming pool, community room, basketball court and children play areas. Since the last City Council meeting, Shelter Corporation has secured two additional property management contracts in Texas for 562 apartments bring our overall total to almost 6,300 apartments under management including an Eagan apartment community of 264 units for approximately eighteen years. Shelter Corporation has developed over $400 million of real estate including the $22 million recent elderly housing development in Eden Prairie. Shelter Corporation looks forward to the development and long term ownership and long term management of our portion of the Cedar Villa Townhomes. Thant: you for your cooperation. Sincerely, jayjensen Senior Vice President 1 4 - _ - _ - _ - _ _ - - _ - _ - _ I 1 c, - _ Fnd bosketboll ~Purt I omes Town- Town I ges ho ne c nE hones Units I I toCke Open Ploy g Area o e ITown- Town- Town hone -1~ hones hones iI gE` II ICI , ~I '.CCkE I ' Units j e d' G 'Gr O Ur / / i/ Ar .a hOn<gl I IUbhO I- a rv.inq F age- Pool! I '1 ( ji I Ce 1_ I home=_j ho =s 1 II' Z , i ~ npe~n Fiat I ~uge- 1 - r I -Area 1 ~ 1------F,oygroun j - ii~~i-- I 'own- CChu hone homes III r i - o S oced LEH u j nlt I~ ~I I ~71 6e Erin Drive SITE PLAN (revised 10/31/01) /9V Advisory Planning Commission August 28, 2001 Page 15 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION - SHELTER CORPORATION Chair Heyl opened the final public hearing of the evening regarding a Comprehensive Guide Plan Amendment amending the use of approximately 17 acres from RC, Retail Commercial to MD, Medium Density Residential, a Rezoning from CSC, (Commercial Shopping Center) to PD, (Planned Development) and a preliminary Subdivision/Preliminary Planned Development (Cedar Villas) to create two lots with 158 townhome units, located on the west side of Nicols Road, south of Jerry's Garden Center and north of the Sleep Inn in the NW Section of 30. Planner Dudziak introduced this item and highlighted the information presented in the City Staff s planning report dated August 24, 2001. She noted the background and history. Jay Jensen, Shelter Corporation stated the property has a gradual slope; therefore the owner has had difficulty selling the property to a commercial developer. He discussed parkland areas and stated the area will be jointly planned. He stated the property will meet all sound mitigation requirements. Kari Gill, Dakota County CDA, stated Dakota County CDA has nine similar developments completed in Dakota County. She stated the development will be mixed income housing. Member Kaess questioned the management of property. He discussed screening requirements. Ms. Gilbert stated the property management will be combined. She stated the screening requirements are very extensive. Jay Schweim, co-owner of Jerry's Garden Center, stated he purchased property because it was zoned commercial. He stated the equipment located on his property could be become a safety hazard to curious children. He expressed concern for liability of his property. He stated he would like the property to remain zoned commercial. Chair Heyl stated there is a park located across the street from Jerry's Garden Center and asked if there were any problems with children from the park. Mr. Schweim stated there are no problems currently. Richard Schweim stated the children at the park are supervised. He stated there is no way to prevent the children from entering his property. Jack Conrad, 782 Sunset Dr., stated commercial developments attracts children and are safety hazards. Advisory Planning Commission August 28, 2001 Page 16 Bill Hodapp stated he represents a number of people that are supportive of the proposed development. He stated the development brings diversity to Eagan. Mike Wold, 4167 Starbridge Ct., stated affordable housing is a difficult issue. He stated he is supportive of the 34 homes that are designated for affordable housing. Donna Wells stated Minneapolis and St. Paul have fallen into the top 10 most expensive areas for living expenses. There being no further public comment, Chair Heyl closed the Public Hearing and turned the discussion back to the Commission. Mr. Jensen stated he would work with Jerry's Garden Center to prevent the vandalism of his property. Member Segal stated Jerry's Garden Center was there before this proposal and predicted people living in this area will complain about the noise from the garden center in the future. He suggested the applicant should consider the noise from Jerry's Garden Center. Mr. Jensen discussed the slope in the property and stated that it could help with noise reduction. Chair Heyl questioned the amount of green space. Mr. Jensen stated the entire development is rental property. He stated that the rent on a two-bedroom home will be rented at market rate. He stated that 80% percent of three bedroom homes will be rented for $900.00. He stated the property is 60% green space. Member Kaess stated the project fits the area. He stated he is confident that the townhome management is good enough to help prevent vandalism to the Jerry's Garden Center. He stated he is going to vote in favor, however request that City Council consider rental-housing inspection program. He stated the development seems to be good quality, affordable housing. He discussed bad landlords/management companies that currently operate in Eagan. Member Segal stated there are good landlords/management companies in Eagan. Member Huusko stated the development is good for the area. He stated he is glad that this proposal has come to Eagan. Chair Heyl stated she agrees with Member Huusko. She stated this area has good access points and is a good area for a mixture of commercial and residential. She stated the amenities are located within the property nicely. She stated Oakridge, another Dakota County CDA townhome development, has not had any problems. She stated she is in favor of the development. Advisory Planning Commission August 28, 2001 Page 17 Member Huusko moved, Member Kaess seconded a motion to approve Comprehensive Guide Plan Amendment amending the use of approximately 17 acres from RC, Retail Commercial to MD, Medium Density Residential, located on the west side of Nicols Road, south of Jerry's Garden Center and north of the Sleep Inn in the NW'/. Section of 30. All voted in favor. Member Segal stated the Garden center should not have any problems with the children in the area. He further stated that he is pleased with the development and confident in the management. Member Huusko moved, Member Hunter seconded a motion to approve a Rezoning from CSC, (Commercial Shopping center) to PD, (Planned Development), located on the west side of Nicols Road, south of Jerry's Garden Center and North of the Sleep Inn in the NW Section of 30 subject to the following conditions: 1. A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office. 2. The property shall be subdivided and platted. 3. The owner and applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to issuance of a building permit. The following exhibits are necessary for the Final PD Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan 4. The tern of this Planned Development shall be five years. 5. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 6. Prior to Final Planned Development approval, the developer shall provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. ~ y Advisory Planning Commission August 28, 2001 Page 18 7. On-street parking should be prohibited along the main north-south street within the development, and restricted to one side on the other streets within the development. 8. Building setbacks shall be not less than those shown on the approved Preliminary Site Plan dated July 31, 2001. 9. A more detailed landscape plan shall be provided with the application for Final Planned Development and shall include underlying grading contours, show plant quantities, and identify individual species graphically. The final landscape plan shall note the minimum size specification for deciduous shade trees is 2-1/2 inches and six feet for coniferous trees, and that automatic irrigation will be provided for all landscaped areas. 10. The development shall provide at least 37,600 square feet of recreational space, which may include play lots, swimming pool and clubhouse, as well as open common yard areas. The basketball court shall not be included in satisfying the recreational space requirement because it is located less than 100 feet from the ponding area. 11. Revised building elevation plans shall be submitted for the Final Planned Development. The plans shall identify building materials and colors. Trim and roof colors shall contrast with the siding for added visual interest. The type of materials shall be consistent throughout both the Dakota County CDA and Shelter Corporation portions of the development, though different but complementary colors may be used among the buildings. 12. A Site Lighting Plan will be required with the application for Final Planned Development. The plan shall show a fixture details and photometrics. Lighting shall be indirect and diffused and shall not be directed upon public rights-of-way or adjacent properties, and the source of light shall not be directly visible from off the property. 13. The sign plans shall be revised so that the sign height does not exceed 7 feet. The signs shall be set back a minimum of 10 feet from the property lines. Additionally, the sign location at Erin Drive and Nicols Road is subject to City Code Section 11. 10, Subdivision 7 regarding traffic visibility. A sign permit shall be obtained prior to installation of the sign and the location confirmed for compliance at the time of permit issuance. 14. All requirements set forth in Section 11. 10, subdivision 24 of the City Code shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. All voted in favor 11ir Advisory Planning Commission August 28, 2001 Page 19 Member Huusko moved, Member Segal seconded a motion to approve a Preliminary Subdivision/Preliminary Planned Development (Cedar Villas) to create two lots with 158 townhome units, located on the west side of Nicols Road, south of Jerry's Garden Center and north of the Sleep Inn in the NW % Section of 30 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B4, C1, C2, C4, D1 and E1 2. The property shall be platted. 3. Prior to final subdivision approval, the developer shall provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. 4. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 5. The developer shall construct the private streets to widths in accordance with City code requirements. 6. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 7. The stormwater pond shall be constructed to treat 13.1 acres of the site area. It shall contain a minimum wet-pond volume of 1.23 acre-feet and shall have a minimum area of 0.43 acres. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench beginning at the normal water level, and an outlet skimmer according to City design standards. 8. In lieu of ponding to treat stormwater from 4.0 acres of the site, a cash dedication of $8,770.00 also shall be required. 9. The developer is responsible for compliance with any regulations imposed by Excel Energy concerning construction and grading within the easement on the northern part of the property. 10. Tree mitigation is required and shall be accomplished through the installation of fourteen (14) category B trees (or an equivalent combination of category A and/or category C trees). 11. This development is responsible for cash park and trail dedications. The dedication is to be collected at the time of final plat at the rates then in effect. ' 6 Advisory Planning Commission August 28, 2001 Page 20 All voted in favor. OTHER BUSINESS Mr. Ridley stated there will not be an Advisory Planning Commission workshop in September. ADJOURNMENT Member Segal moved Member Bendt seconded a motion to adjourn the Advisory Planning Commission meeting at 10:40 pm. Secretary Eagan Advisory Planning Commission PLANNING REPORT CITY OF EAGAN REPORT DATE:. August 24, 2001 CASE: 30-CG-04-07-01 30-RZ-09-07-01 30-PD-03-07-001 30-PS-12-07-01 APPLICANT: Shelter Corporation HEARING DATE: August 28, 2001 PROPERTY OWNER: Hillcrest Development APPLICATION DATE: August 1, 2001 REQUEST: Comp. Guide Plan Amendment; PREPARED BY: Pamela Dudziak Rezoning/Preliminary Planned Development; Preliminary Subdivision LOCATION: West of Nicols Road and North of Erin Drive (across from Rahn Park) COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: CSC, Community Shopping Center SUMMARY OF REOUEST Shelter Corporation is requesting approval of a Comprehensive Guide Plan Amendment from RC (Retail Commercial) to MD (Medium Density Residential), a Preliminary Planned Development and Preliminary Subdivision (Cedar Villas) of 17.1 acres on property located west of Nicols Road and north of Erin Drive (across from Rahn Park) in the SW 1/4 of Section 30. AUTHORITY FOR REVIEW Comprehensive Guide Plan: 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 8/ Planning Report - Cedar Villas August 28, 2001 Page 2 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. Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." Preliminary 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. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. 6 V~ Planning Report - Cedar Villas August 28, 2001 Page 3 G. That the designof the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY Mari Acres 2"d Addition was platted in 1981. This property has been guided for commercial use and zoned Community Shopping Center since that time. In 1992 a Conditional Use Permit was requested for this property to establish an outdoor recreational facility (outdoor miniature golf and a go cart track). That CUP was denied and the track was not built. The site remains vacant. EXISTING CONDITIONS The subject site consists of two parcels, Lots 1 and 2, Block 3, Mari Acres 2"d Addition, and is vacant. A power transmission line and easement cover part of the northern end of the site. Elevations on the site range from approximately 944 near Highway 77 to 888 near Nicols Road, resulting in an overall elevation change of 56 feet. The site currently has a zoning designation of CSC, Community Shopping Center, and a land use designation of RC, Retail Commercial. The applicant is proposing a land use designation of MD, Medium Density Residential (4-12 units per acre) and a rezoning to PD, Planned Development, to accommodate the private streets and multiple buildings on a parcel. / V ' 1 Planning Report - Cedar Villas August 28, 2001 Page 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Jerry's Nursery/Vacant; zoned LB (Limited Business); guided OS (Office/Service) South - Vacant/pond; zoned PD (Planned Development - hotel); guided RC (Retail Commercial) East - Rahn Park/Residential; guided P (Park), PD (Planned Development - single- and two- family) and R-1 (Single-Family Residential) West - Hwy. 77 (Cedar Avenue) EVALUATION OF REQUEST Comprehensive Guide Plan Amendment: The proposed development is a joint project between Shelter Corporation and the Dakota County Community Development Agency. Dakota County plans to develop 34 townhome units on Lot 1, and Shelter Corp. 124 units on Lot 2. The property is currently zoned CSC, Community Shopping Center, and has a land use designation of RC, Retail Commercial. To proceed with the proposed townhome development on this site requires an amendment to the city's Comprehensive Guide Plan changing the land use designation from RC, Retail Commercial to MD, Medium Density Residential (4-12 units per acre). Compatibility with Surrounding Area - Development east of Nicols Road is residential. Rahn Park is also located east of Nicols Road. The west side of Nicols Road is primarily commercial uses. To the north is Jerry's nursery, an office and vacant land, and to the south is a vacant lot (approved for a 108-room hotel), a hotel, an office and some Class 2 restaurants. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, multiple residential development would be provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level) as compared with the noise level at the inner boundary of the noise zone, in this case 65 DNL. Planning Report - Cedar Villas August 28, 2001 Page 5 Preliminary Subdivision: Project Description - The project consists of 28 buildings containing 158 townhome units. Each of the 158 units will have an attached garage and separate entrance. Site amenities will be shared and include a central clubhouse, swimming pool, two tot lots, one older children's play area, and a basketball court. Street access is proposed via private streets throughout the development with access to Erin Drive to the south. A stormwater pond is proposed to be constructed on the northern part of the site within the power line easement area. Prior to final subdivision and final planned development approval, the developer should provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development for review by the City Attorney. Densi - The gross density of this project is 9.24 units per acre. This is within the 4-12 units per acre density range of the requested MD, Medium Density Residential, land use designation. Lots - The proposed subdivision will create two lots with a different configuration than the current parcels. Lot 1 is in the southwest corner of the site and is four acres in area. Lot 2 comprises the rest of the site and is 13.1 acres in size. The site is being divided into two lots to reflect the two developers of this project, Dakota County CDA and Shelter Corp. Dakota County will be developing 34 units on Lot 1, and Shelter Corp. 124 units on Lot 2. Grading - The preliminary grading plan is acceptable. The site has been previously graded, is generally open and slopes to the east toward Nicols Road. Elevations on the site range from approximately 944 near Highway 77 to 888 near Nicols Road, resulting in an overall elevation change of 56 feet. The proposed townhomes will be approximately 20 to 25 feet above the existing adjacent portion of Nicols Road. Modular block retaining walls are proposed in several locations to maintain required maintainable slopes throughout the development. Storm Drainage - The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain via storm sewer to a proposed storm pond along the north edge of the site. The pond will flow east to existing storm sewer in Nicols Road and will be designed to control rates of storm water runoff to pre-development rates. If the pond were to overflow with a large storm event,, it would flow east onto Nicols Road. Water Quality /Wetlands - This 17.1-acre development is proposed to be located in the City's A- watershed, and would not be associated with any priority waterbody, according to the City's water quality management plan. Because of the size of this development and the extent of its impervious cover, stormwater will need to be treated on-site to meet the City's water quality requirements. To meet the water quality requirements of the City, the developer proposes to direct runoff from 13.1 acres of the site to a treatment pond, which would be constructed in the north-central portion of the parcel. Stormwater from the remaining 4.0 acres of the site is proposed to drain into the existing stormwater system through off-site runoff. ~ i Planning Report - Cedar Villas August 28, 2001 Page 6 The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With an impervious proportion of 40 percent, a minimum wet-pond volume of 1.23 acre-feet covering a minimum area of 0.43 acres would be needed to treat the stormwater generated by 13.1 acres of the development. The pond should have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. The outlet structure of the pond should be consistent with City of Eagan standards. A cash dedication in lieu of should be required for stormwater draining from the other 4.0 acres of the development. There are no jurisdictional wetlands associated with this site. Utilities - The preliminary utility plan is acceptable. An existing trunk sanitary sewer runs along the south edge of the site within Erin Drive to the south and is available for connection by this development. Water main is available for connection within Erin Drive and Nicols Road. Streets/Access - The development is proposed to be served internally with private streets with public street access to Erin Drive at two locations. Erin Drive is a 48-foot wide street scheduled in the City Five-Year Capital Improvement Plan (2002-2006 CIP) for bituminous overlay in 2002. Erin Drive intersects with Nicols Road in two locations. This proposed development would generate an estimated 950 vehicles per day. Nicols Drive is a 48-foot wide, 4-lane community collector street within a current 24-hour traffic count of approximately 6,200 and is able to accommodate the traffic generated by the proposed development. The preliminary site plan shows private streets two feet narrower than allowed by City code. The developer should construct the private streets to widths in accordance with City code requirements. A concrete sidewalk along the north side of Erin Drive leading out to a bituminous trail along Nicols Road will provide for pedestrian access. Easements/Rights-of-Way/Permits - A 200-foot wide Excel Energy overhead power line easement runs east to west along the north edge of the site. The developer will have to comply with any regulations Excel Energy requires for construction and grading within this easement. Tree Preservation - A tree inventory submitted with this application indicates that there are thirteen (13) significant trees on site. Species break down is as follows: Species Avg Diameter Dia. Range Count Percent of Total Cottonwood 17" 12"-24" 8 62% Maple 12" 12" 3 23% Elm 12" 12" 2 15% Planning Report - Cedar Villas August 28, 2001 Page 7 The development as proposed will result in the removal of thirteen (13) significant trees (100 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed removal more than the allowable amount, there will be required tree mitigation for this proposal. This required tree mitigation calculates to fourteen (14) category B trees (or an equivalent combination of category A and category C trees). Parks and Recreation - This development is responsible for cash park and trail dedications. The dedication is to be collected at the time of final plat, at the rates then in effect. The current rates in the 2001 Fee Schedule are $1,360.00 per unit for parks, and $168.00 per unit for trails. Planned Development: Within the proposed Planned Development zoning, both the developer and the City have greater flexibility in the overall design of the development and typical zoning standards do not strictly apply. However, to help the Advisory Planning Commission (APC) and City Council evaluate the proposed development plans, the R-3 (Residential Townhome) zoning district standards are used as a basis for comparison. Term - Staff suggests a five-year term for this Preliminary Planned Development. Building Coverage - The City Code sets a maximum building to lot area ratio of 20%. Each of the two lots is less then 20% coverage, and the development has an overall building coverage of 18%. Off-Street Parking - City Code requires two parking stalls for each dwelling unit, one of which must be enclosed. This development has a single-stall garage for each unit, plus one stall off- street driveway parking for each unit. Some of the three-bedroom units have a two-stall garage. Between the garage and driveway parking, the City Code standard is met. Additional off-street parking for guests and visitors is also provided in several locations throughout the development and totals 94 stalls. Emergency Access - On-street parking should be prohibited along the main north-south street within the development (20-foot wide segments), and restricted to one side on the other streets within the development (28-foot wide segments). Setbacks - The site is bounded by three public streets, Hwy. 77 (Cedar Avenue) to the west, Nicols Road to the east, and Erin Drive to the south. Required minimum structure setbacks are 50 feet from Cedar Avenue (Hwy. 77), 40 feet from Nicols Road, and 30 feet from Erin Drive. A structure setback of 30 feet is also required from the adjacent property to the north. The structures appear to meet these setbacks, with the exception of decks and patios along Nicols Road and which are about 40 feet from the property line. Setbacks between buildings are 20 feet or greater. Front setbacks from the curb are proposed to be 19-20 feet, sufficient depth for off- . ' i Planning Report - Cedar Villas August 28, 2001 Page 8 street parking. This is a deviation from typical code standards, which would require minimum setbacks of 25 feet from the curb on a through private street. Landscaping - A landscape plan has been submitted which shows a variety of trees and shrubs throughout the site. At this time the landscape plan is conceptual, generally identifying shrubs, shade trees, ornamental trees, coniferous trees, perennial plantings and sodded areas. A list of species is provided, however the conceptual plan does not identify which particular species will be planted where on the site. Deciduous and evergreen trees are located around the perimeter of the site adjacent to the roadways. Foundation plantings are shown in greater detail on a separate sheet. While the conceptual plan is acceptable for a Preliminary Planned Development, a more detailed landscape plan should be provided with the application for Final Planned Development and should include underlying grading contours, show plant quantities, and identify individual species graphically. The applicant should note that the minimum size specification for deciduous shade trees is 2-1/2 inches and six feet for coniferous trees. Also, automatic irrigation is required for all landscaped areas and should be noted on the final landscape plan. Recreational Space - Recreational amenities are proposed to be shared within the development. Such amenities include two tot lots, an open play area for older children, a club house and swimming pool, and a basketball court. The City Code requires townhome and apartment developments to provide a minimum recreation area of 200 square feet for each unit containing two or fewer bedrooms, and an additional 100 square feet for each unit containing more than two bedrooms. Also, such recreation area must be located at least 100 feet from any ponding area. Using this standard, a total of 37,600 square feet of recreation space would need to be provided within the site, and the basketball court would not count toward the total because it is close to the ponding area. Sufficient recreation area appears to be provided excluding the basketball court (5,400 sq. ft.), the play lots and green areas between the rows of buildings and the clubhouse and swimming pool area total over 38,000 square feet. In addition, residents would have access to Rahn Park located across Nicols Road from the development site. Units - The proposed development consists of a total of 89 two-bedroom units, 68 three- bedroom units, and one one-bedroom unit. Two of the units will be designed to be accessible (the one-bedroom and one of the two-bedroom units), both within the Dakota County CDA portion of the project. Architecture and Exterior Materials - The Shelter Corporation buildings are two-three stories. Exterior materials consist of vinyl siding and asphalt shingles with wood decks and railings. A color palette for the materials was not provided for the Preliminary Planned Development, but will be required for the Final Planned Development. The building elevations show portions of the walls set forward and back to provide relief in the facade, and gable elements in the roof line to for each unit adding visual interest. For added architectural interest, trim and roof materials should be a contrasting color to the siding. The buildings in the Dakota County CDA portion of the project are similar, but do not include decks. Also, the roof pitch appears to be greater and AF400001 Planning Report - Cedar Villas August 28, 2001 Page 9 materials were not specified. The Dakota County CDA buildings are all two stories. Dakota County and Shelter Corporation have indicated that their buildings will be complementary to provide the appearance of a unified development. Final building elevations should identify exterior materials and colors and show height dimensions. Again, roof and trim colors that contrast with the siding color should be employed. Lighting - The City Code requires that site lighting be provided as is necessary for security, safety and traffic circulation. A site lighting plan will be required with the application for Final Planned Development. The site lighting plan should show a fixture details and photometrics. Lighting shall be indirect and diffused and shall not be directed upon public rights-of-way or adjacent properties. The source of light shall not be directly visible from off the property. SiQnaee - Signage is proposed at the southeast comer of the site at Erin Drive and Nicols Road, and entry signage is proposed on both sides of the main entrance to the development from Erin Drive. The main entrance is a divided private street with a landscaped median. Only one sign detail was presented, and it is unclear whether the same sign will be constructed for both of these locations. The monument entry sign is proposed to be 8'8" in height, which exceeds the code maximum of 7 feet. The sign plans should be revised so that the sign height does not exceed 7 feet. The signs shall be set back a minimum of 10 feet from the property lines. Additionally, the sign location at Erin Drive and Nicols Road is subject to City Code Section 11. 10, Subdivision 7 regarding traffic visibility. A sign permit shall be obtained prior to installation of the sign and the location confirmed for compliance at the time of permit issuance. Other Site Design Requirements - Section 11. 10, Subdivision 24 contains other specific site design requirements pertaining to multiple dwelling developments. In addition to recreation space and site lighting, this subdivision contains standards specific to the provision of walkways, storage space inside the building, platting of the property and public safety. All requirements set forth in this subdivision shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. Neighborhood Meeting - The applicant hosted a neighborhood informational meeting on August 23, 2001. SUMMARY/CONCLUSION In summary, Shelter Corporation is requesting approval of a Comprehensive Guide Plan Amendment from RC (Retail Commercial) to MD (Medium Density Residential), a Preliminary Planned Development and Preliminary Subdivision (Cedar Villas) of 17.1 acres' on property located west of Nicols Road and north of Erin Drive (across from Rahn Park) in the SW'/. of Section 30. 8' q 1 y Planning Report - Cedar Villas August 28, 2001 Page 10 The project consists of 28 buildings containing 158 townhome units, plus a shared clubhouse. Each of the 158 units will have an attached garage and separate entrance. Site amenities will be shared and include a swimming pool, two tot lots, one older children's play area, and a basketball court. Street access is proposed via private streets throughout the development with access to Erin Drive to the south. A stormwater pond is proposed to be constructed on the northern part of the site within the power line easement area. The proposal appears to satisfy most typical City Code performance standards with regard to parking, setbacks, recreational space, landscaping, storm drainage, etc. Some of the preliminary plans will need to be revised in greater detail for the Final Planned Development application. The primary issue for the Advisory Planning Commission and City Council to consider is the policy matter of whether the change in land use designation from commercial to residential is appropriate for this 17-acre site. The site has been designated for commercial use for over 20 years and has not developed as such. There are other residential uses in the vicinity, however those are east of Nicols Road. This proposed residential development would introduce a new land use west of Nicols Road where the other land uses are primarily commercial and institutional. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment changing the land use designation from RC, Retail Commercial, to MD, Medium Density Residential, of 17.1 acres on property located north of Erin Drive and west of Nicols Road, legally described as Lots 1 and 2, Block 3, Mari Acres 2nd Addition, in the SW'/< of Section 30. To recommend approval of a Rezoning to Preliminary Planned Development for the construction of 158 townhome units on 17.1 acres located west of Nicols Road and north of Erin Drive, legally described as Lots 1 and 2, Block 3, Mari Acres 2nd Addition, in the SW %4 of Section 30. If approved, the following conditions should apply: 1. A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office. 2. The property shall be subdivided and platted. 3. The owner and applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to issuance of a building permit. The following exhibits are necessary for the Final PD Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan Planning Report - Cedar Villas August 28, 2001 Page 11 4. The term of this Planned Development shall be five years. 5. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 6. Prior to Final Planned Development approval, the developer shall provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. 7. On-street parking should be prohibited along the main north-south street within the development, and restricted to one side on the other streets within the development. 8. Building setbacks shall be not less than those shown on the approved Preliminary Site Plan dated July 31, 2001. 9. A more detailed landscape plan shall be provided with the application for Final Planned Development and shall include underlying grading contours, show plant quantities, and identify individual species graphically. The final landscape plan shall note the minimum size specification for deciduous shade trees is 2-1/2 inches and six feet for coniferous trees, and that automatic irrigation will be provided for all landscaped areas. 10. The development shall provide at least 37,600 square feet of recreational space which may include play lots, swimming pool and clubhouse, as well as open common yard areas. The basketball court shall not be included in satisfying the recreational space requirement because it is located less than 100 feet from the ponding area. 11. Revised building elevation plans shall be submitted for the Final Planned Development. The plans shall identify building materials and colors. Trim and roof colors shall contrast with the siding for added visual interest. The type of materials shall be consistent throughout both the Dakota County CDA and Shelter Corporation portions of the development, though different but complementary colors may be used among the buildings.. 12. A Site Lighting Plan will be required with the application for Final Planned Development. The plan shall show a fixture details and photometrics. Lighting shall be indirect and diffused and shall not be directed upon public rights-of-way or adjacent properties, and the source of light shall not be directly visible from off the property. 13. The sign plans shall be revised so that the sign height does not exceed 7 feet. The signs shall be set back a minimum of 10 feet from the property lines. Additionally, the sign location at Erin Drive and Nicols Road is subject to City Code Section 11. 10, Subdivision i Planning Report - Cedar Villas August 28, 2001 Page 12 7 regarding traffic visibility. A sign permit shall be obtained prior to installation of the sign and the location confirmed for compliance at the time of permit issuance. 14. All requirements set forth in Section 11. 10, subdivision 24 of the City Code shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. To recommend approval of a Preliminary Subdivision (Cedar Villas) to create two lots on 17.1 acres located west of Nicols Road and north of Erin Drive, legally described as Lots 1 and 2, Block 3, Mari Acres 2nd Addition, in the SW 1/4 of Section 30. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B4, C1, C2, C4, D1 and E1 2. The property shall be platted. 3. Prior to final subdivision approval, the developer shall provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. 4. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 5. The developer shall construct the private streets to widths in accordance with City code requirements. 6. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 7. The stormwater pond shall be constructed to treat 13.1 acres of the site area. It shall contain a minimum wet-pond volume of 1.23 acre-feet and shall have a minimum area of 0.43 acres. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench beginning at the normal water level, and an outlet skimmer according to City design standards. 8. In lieu of ponding to treat stormwater from 4.0 acres of the site, a cash dedication of $8,770.00 also shall be required. 9. The developer is responsible for compliance with any regulations imposed by Excel Energy concerning construction and grading within the easement on the northern part of the property. Planning Report - Cedar Villas August 28, 2001 Page 13 10. Tree mitigation is required and shall be accomplished through the installation of fourteen (14) category B trees (or an equivalent combination of category A and/or category C trees). 11. This development is responsible for cash park and trail dedications. The dedication is to be collected at the time of final plat at the rates then in effect. 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. 8. Easements and Riahts-of-Wav 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 6 l 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2. 1993 LTSSS STANDARO.CON ~ i FINANCIAL OBLIGATION Cedar Villas Preliminary Subdivision Addition There are pay-off balances of special assessments totaling $-0- on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Lateral M.F. $25.00/F.F. 70 F.F. $1,750 Total $1,750 l Q E,pa aawda,y Wool Area Location Map ® wudng Pectin • ~v s7 S -iLy 77 p O 0 S Lai 1 Y i l r- d r C; ♦ a w s ee a dd 1 • sub act Sits ! O = ~J# s • g a bias , 1 11 ■ ' " an 0 1000 0 1000 4000 Fast Development/Developer: Cedar Villas Application: Prelim. Subdivision, Rezoning, CG Amendment, Prelim PD Case No.: 30-PS-12-07-01 30-CG-0407-01, 30-PD-03-07-01 Z Nt 1.1 arW a paw proMA.d N M using map by akoO unry Lard psn wn arw as of juns =001. ty E City of Eagan T,tl! MAP 0 FOR REFERENCE USE ONLY M / N N . .i 7 d Tian, City of Eagan and Dakota County do net guarantee the accuracy of ddf lftfwmatlon and are S not r"Ponslble for errors or owdseleea. i Current Zoning and Comprehensive Guide Plan Cedar Villas Land Use Map Case No. 30-PS-12-07-01, etc. Zoning Map P ~ LB -4 W Current Zoning: CSC csc Community Shopping Center P 3 5 0 O u D P N PO w j PD ~i 1 111j/ d s~ coo o coo taoe r... ~ PD R- Comprehensive Guide Plan Land Use Map P O/S D Current Land Use Designation: RC P RC ~ Retail Commercial o D MD MD C RC ~ ND u MD P.M RC O/3 coo a eao tats w 1erw1 Y.e nfonnet eta C Laws &Illy DIP,-W19 0101/01. N ZewMf InW1wetY ~ b Cky feat. City of Eagan w E Z Community Devefopment DaparbntM THIS MAP IS INTENDED FOR REFERENCE USE ONLY S The City of Eagan and Dakota County do not quaranb* the accuracy of this Information. 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MN 77061 BUILDING 7 a0? .OI.yO.IN.1 .I[uls a ~awr.wate>tw 1NSJfd0MAJO ►1TYQ M O.~{ 4[ M WI ' Q y ~.r M S M rxM. 17 seem a mum W M lNY.~..t~.~~~~.M/1 A H_ w C a ,C { . < co 14 $ 4 4 Mot VV c Hum rrr~i~i IWIV. Q y ` 4444444 .K. `"r,►,~t..S~ r"iyEj""- :.Y4r ` V ! p_ red°GrrL:rl:ay 1`'+I o £~5Ye39lG4~29a I Z ♦ j I . 1 t 1 \ x I I i I r ` I 1 1 \ ` 1 , Z13 ED z O W J - ---1-- ~ I - I aa Mira McGarvey From: Barb Kahle [Barb. Kahle@state. mn. us] Sent: Thursday, October 18, 2001 12:18 PM To: citycouncil@ci.eagan.mn.us Cc: Barb Kahle Subject: affordable housing Hello, I live across the street from where the proposed affordable housing will be going. I am wondering if stop signs could be added on Nichols to help with traffic if this gets approved. I am also wondering if there will be any consideration of where water run off will go if we get another heavy rain storm? To avoid the possibility of another flood in our neighborhood. Would the city of Eagan help put in windows for the noise and fences for the traffic for pre-existing residence? Has any one considered putting affordable housing in the area of Hwy 3 and Diffley? There might not be as much traffic. There are more Churches in that area. Sundays might be a hectic day in that neighborhood compared to everyday traffic from the Nicols frontage road and Cedar. A lot of people already use Nicols verses Cedar. I understand something will go in that area. There are pro's and con's to affordable housing. What other businesses are showing an interest in that acreage? I'm curious. Is there a waiting list for the new proposed affordable housing yet? Thank you for taking the time to read this and if anyone has time to respond back to me I'd appreciate that. Barb Kahle 4483 Scott Trail Eagan, MN 55122 H: 651-454-0360 (PS - I am on my lunch right now. That is why I feel it is ok for me to be doing this right now) Barbara Kahle Data Integrity 60 Empire Drive Suit 400 St. Paul, MN 55103-1855 barb.kahle®state.mn.us P: 651-296-6449 Agenda Information Memo November 1, 2001 Eagan City Council VIII. NEW BUSINESS A. CONDITIONAL USE PERMIT - KEYS WELL DRILLING ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow outdoor storage on property located at 3131 Sibley Memorial Highway in the NE of Section 8 and NW of Section 9. , subject to the conditions listed in the APC meeting minutes. FACTS: • The site is located west of Hwy. 13 between Terminal Drive and Alexander Road. • A CUP was issued in 1991 allowing sales and service of heavy equipment (i.e. street sweepers and snow plows) on the northern part of this site. • Lull International later acquired the property and continued to utilize it for outside storage, eventually expanding the storage area to the southern part of the property, beyond what was authorized in the 1991 CUP. • Keys Well Drilling is proposing outside storage on this site. The proposed outdoor storage on the south end of the site will be located largely around the perimeter, leaving the central part of the yard open. Parking will be within the existing parking lot east of the building, and along the west side of the lot, with large rigs and trucks stored on the west side of the building. • The tallest items to be stored are semi-trailers, which are approximately 12 feet in height. • A detailed landscape plan has not been provided, but the applicant has indicated that a berm will be constructed along Terminal Drive, "with shrubs and trees to increase screening the area" and that they will work with City staff to develop an acceptable landscape plan as required by City Code. • The applicant notes that the curb and gutter and storm sewer will be installed and that the unimproved storage area will be paved with a milled bituminous surface. • At their regular meeting on October 23, 2001, the Advisory Planning Commission held a public hearing to consider the Conditional Use Permit and recommended approval subject to the conditions listed in the APC meeting minutes. ISSUES: Two people spoke at the public haring expressing concern about the impact of this use on their view of river valley and on their property values. ATTACHMENTS: October 23, 2001 APC Minutes, pages =through 3Staff Memo to the APC dated October 17, 2001 and revised Site Plan, pages QVthroughaI3~ Staff report, pages through ~7 a DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA October 23, 2001 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 23, 2001 at 6:30 PM, at the Eagan Municipal Center. Present were Chair Heyl, Members Nosbush, Huusko, Bendt, Steininger and Segal. Also present were Senior Planner Mike Ridley; Planners Pam Dudziak and Cindy Kirchoff; Assistant Engineer John Gorder; City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Chair Heyl stated that item IV. B. Preliminary Subdivision & Variance -Tilsen Homes Inc. has been continued indefinitely. Member Segal moved and Member Huusko seconded a motion to adopt the Agenda as amended. All voted in favor. September 25, 2001 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Segal moved, Member Bendt seconded a motion to approve the September 25, 2001 Advisory Planning Commission meeting minutes. VISITORS TO BE HEARD There were no visitors who wished to be heard. OLD BUSSINESS CONDITIONAL USE PERMIT - KEYS WELL DRILLING Chair Hey) opened discussion regarding the request for a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Sibley Terminal Industrial Park, located at 3131 Sibley Memorial Highway in the NE of Section 8. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 12, 2001. She noted the background and history. Chair Heyl stated that in July 2001, the Advisory Planning Commission questioned the type and location of material that would be stored on the property. She suggested an additional condition be added that states the storage should be limited to those items listed on the amended Site Plan and the hand written document from Mr. Keys. She caw-)- S/ City of Eagan Advisory Planning Commission Meeting October 23, 2001 DRAFT Page 2 discussed the possibility of the stored equipment standing higher than the 8-foot fence as discussed in condition number 6. Member Nosbush questioned possible berming on the property. Planner Dudziak pointed out the area on the property that will have berming. Ron Miller 3217 Donald Ave., expressed his opposition to the Conditional Use Permit. He discussed problems should the highway be expanded in the future. He discussed the effects on the view from his property. He stated there is currently an excessive amount of trucks already in the area and the property adjoins with property that is zoned light industrial. He further stated this is not a light industrial business and that the current property that is occupied by Keys Well Drilling is not well kept. Chair Heyl discussed condition number 6 that states the items to be stored shall not exceed the height of the fence enclosure. Hugh Cullen, representative of Keys Well Drilling stated the equipment will not exceed the typical height of a truck and trailer. He stated the equipment will not stand higher than 12 feet tall. He discussed and stated he understood the concerns of the neighboring residents. He stated Keys Well Drilling is not a truck terminal and that the owner of Keys Wells Drilling has not invested a large amount of money on the current facility due to the possible sale of the property. He stated Keys Well Drilling is a good company and will be a good addition to the City of Eagan. Chair Heyl questioned the applicant's familiarity with condition number 9 that states a detailed landscape plan shall be submitted for staff review and approval prior to release of the Conditional Use Permit for recording. The Landscape Plan shall identify the particular plant materials and specifications for installation. And that all landscaped areas are to be irrigated. Mr. Cullen stated he plans on working with the City, based on the Staff s recommendations. He discussed the added berming with landscaping. He stated Keys Well Drilling has abided with all of the City's requests including curb, sewer, landscaping and additional screening. He stated the zoning is what attracted Keys Well Drilling to the property. He stated the majority of the equipment is not on site most of the time. He discussed the list of equipment and stated the list reflects Keys Well Drilling's entire stock of equipment. Member Nosbush expressed concern regarding the excess amount of space that could harbor additional outdoor storage. He stated there is nothing in the current conditions that regulates additional equipment being stored on the property. Chair Heyl stated Member Nosbush's concerns will be handled in condition number 16. ac:? ~ ~ i City of Eagan Advisory Planning Commission Meeting October 23, 2001 DRAFT Page 3 Janelle Green stated she lives up the hill from the proposed development and is concerned about the amount of trucks using the public roadways. Mr. Cullen stated Keys Well Drilling's hours of operation are normal business hours and there will be no additional noise during the evening. Member Kaess discussed proposed condition number 16. He stated he is concerned that the City is trying to micromanage Keys Well Drilling. He stated the Advisory Planning Commission is limiting the business from buying, for example, a new truck if needed. He stated the business will have to come back unnecessarily to ask the City for additional equipment. Chair Heyl stated the site will not be detrimental to the neighborhood. She discussed the amount of equipment and trucks that will be stored. She stated the City needs to protect the property from accruing large amounts of storage. Member Kaess stated the City is developing a bad policy if it starts to micromanage businesses. Member Segal questioned the amount of outdoor storage and indoor storage. Mr. Cullen stated the list of currently owned equipment is accurate. Chair Heyl questioned if there is any equipment that is foreseen to be needed in the near future. She suggested that Keys Well Drilling revise a list for the City Council. Member Huusko expressed concern regarding condition 16 that limits the amount of equipment stored, not material. He suggested the condition include the limitation of materials. Chair Heyl stated the location of the equipment and materials should be included on the list for the City Council. Mr. Miller stated he thinks the Conditional Use Permit should be continued because the neighbors have not reviewed condition number 16. Mr. Cullen stated Mr. Keys made it known to the neighbors that he is willing to discuss their issues, however the neighbors have not shown interest. Member Kaess stated the City has cost Keys Well Drilling too much money. He stated he is opposed to adding the condition number 16 and would like to send this item to the City Council. X30 City of Eagan Advisory Planning Commission Meeting DRAFT October 23, 2001 Page 4 Member Nosbush moved, Member Huusko seconded a motion to approve a request for a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Sibley Terminal Industrial Park, located at 3131 Sibley Memorial Highway in the NE of Section 8 subject to the following conditions. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A detailed site plan shall be submitted that specifies what type of items will be stored in which locations on the site. 3. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code standards. The revised detailed site plan shall show the trash enclosure if one is to be constructed. 4. A minimum five-foot curb setback from the west property line shall be maintained except where easement exists across the adjacent property for the driveway to Alexander Road. 5. The eight-foot tall fence shall be constructed of a material that provides 90% opacity for screening from public rights-of-way. 6. The items to be stored shall not exceed the height of the fence enclosure. 7. Milled bituminous surface shall be allowed for surfacing within the outdoor storage area. The owner shall be responsible for maintaining the surface material in good condition. The site shall be subject to periodic staff review to determine its adequacy for dust and drainage control. If upon review, the surface is determined to be inadequate, the City may require the storage lot to be resurfaced with bituminous asphalt. 8. Landscaping shall be provided along the south and east sides of the property to provide screening of the storage areas from public rights-of-way and residential properties to the east. The landscaping along the east side of the property shall include evergreen trees to provide an effective screen given the topography in the area. 9. A detailed landscape plan shall be submitted for staff review and approval prior to release of the Conditional Use Permit for recording. The Landscape Plan shall identify the particular plant materials and specifications for installation. All landscaped areas shall be irrigated. ' 1 City of Eagan Advisory Planning Commission Meeting DRAFT October 23, 2001 Page 5 10. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City standards during the construction of the new parking and storage areas. 11. A private storm sewer pipe system, in accordance with City standards, shall be constructed to handle drainage from the site, including catch basin structures and storm sewer to capture the storm water runoff before it reaches public right-of-way. 12. The developer shall construct the proposed storage areas with perimeter concrete curb & gutter, hard surfacing, concrete driveway entrance aprons, and storm sewer in accordance with City standards. 13. The developer shall obtain MnDOT permit approval for any work within Highway 13 right-of-way. 14. The applicant shall provide evidence of an easement allowing for the access to Alexander Road over the adjacent parcel to the west (United Stationers). The easement should be provided to the city prior to release of the Conditional Use Permit for recording. 15. This development shall be responsible for a cash water quality contribution, to be paid prior to release of the CUP for recording. The amount is based on the southern half of the site to encompass the newly surfaced storage area and expanded parking lot area. The calculated water quality contribution amount is $10,093.00. 16. The outdoor storage on the property shall be limited those items listed on the hand written list submitted by Keys Well Drilling. Member Kaess, moved to eliminate condition number 16 and approve the request for approval of a request for a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Sibley Terminal Industrial Park, located at 3131 Sibley Memorial Highway in the NE of Section 8. The motion was not seconded. Motion failed. Member Bendt stated he would like to limit the size of the business. He questioned the topography of the area and how much of the storage will be seen from Highway 13. Chair Heyl stated the property is zoned industrial and the City is limiting as much as they can. She stated, with conditions, Mr. Keys is also making improvements to the property that will benefit the City as well as the neighboring residents. She stated the residents on the hill will always look at an industrial business. a3;~- City of Eagan Advisory Planning Commission Meeting DRAFT October 23, 2001 Page 6 Mr. Huusko stated the City is not limiting expansion of the business; just what can be stored outside on the property. Member Segal addressed the residents' concerns. He stated the residents have had an opportunity to review the 15 conditions and that condition numberl6 is giving further restriction to Keys Well Drilling and will work in the residents' favor. Member Kaess stated he will vote in favor of the Conditional Use Permit, however he feels condition number 16 is micromanaging the business. A vote was taken and all voted in favor. Chair Heyl stated this item will be reviewed by the City Council on Nov 8, 2001. ' 1 city of eagan MEMORANDUM TO: Chair Carla Heyl and Advisory Planning Commission Members FROM: Pamela Dudziak, Planner DATE: October 17, 2001 RE: Keys Well Drilling - Conditional Use Permit At the July 24, 2001 APC meeting, the Advisory Planning Commission continued the item to the August 28, 2001 APC meeting and requested that Keys Well Drilling to prepare a more detailed site plan. Keys Well Drilling request additional extensions in August and September to the October 23, 2001 APC meeting to allow them additional time to extend their purchase agreement and prepare the detailed site plan the APC requested. The applicant has recently completed a detailed grading plan, and provided additional information regarding the proposed outdoor storage. A detailed landscape plan has not been provided. The applicant notes that the curb and gutter and storm sewer will be installed, and a berm constructed along Terminal Drive, "with shrubs and trees to increase screening the area." The tallest items to be stored are semi-trailers, which are approximately 12 feet in height. The proposed outdoor storage on the south end of the site will be located largely around the perimeter, leaving the central part of the yard open. Parking will be within the existing parking lot east of the building, and along the west side of the lot, with large rigs and trucks stored on the west side of the building. A list of vehicles and equipment with quantities and sizes was included in the attached narrative and is as follows: (5) Rigs - trailer mounted 25' length (1) Grout Pump Trailer 15' length (5) Rigs support trailer 40' length (3) Pump Rigs (stay inside) (2) Air Compressor 30' length (2) Pick up (stay inside) (7) Trailers - flat beds 35' length (3) Straight Job Truck (stay inside) (1) Grout Pump Trailer 20' length 0 3Z/ OCT 1 5 zoos D By- Il ~ v o o izg C~ cts-) C-T X36 e U Z~~ ~i ~ •!etl (j, ~ 1 `mot ■ 3 { .s ~,.i f ~ 'xS q } tljj iii 1 'e-:r, ~ ~ yap plalgataovt' Z 7i± ~ L7 t!`/1i ~t t jl~ i ~ i ~ 'i}i7!3 i i { i •e ~Y~ , d d 3'/~• et i •+x~jr ~ \ ~1 t` .tip:- tt c { i tw3t, } • ~M ~ -!a ::f ~ Batt ~ 4 ~ ~ t' .ii"i~:t. ~i • :S,''-•:.'- 10 !A j at .f .l;r (E t ,71.12 ~~x 3{` Sal:` •2':• S. 4.7 id 1 8 8 0 k 3rs r W •t tit tt [ it{ tx N 1~ WZ l 0% 1 0{,.l. W 't \iT A M Z IeO j . NIE a ~ Rya ~ Jy,Idm V tlo a• (1`1 ~ W 4Q U j O Cr- C 7 L i\ ail I O K ~ft r ,%1 ! i ~ TYYt' I I I i1-I 16 ro : d 417 o It 17, W et !-~'f•_A SCE'`. N I. ~ t~ YF~ ~,rr a / , 4 e, k. / C•J ' - X3'1 1 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 12, 2001 CASE: 08-CU-12-06-01 APPLICANT: Keys Well Drilling HEARING DATE: July 24, 2001 PROPERTY OWNER: Lull International, Inc. APPLICATION DATE: July 5, 2001 REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak LOCATION: 3131 Sibley Memorial Hwy. COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Keys Well Drilling is requesting a Conditional Use Permit (CUP) for outdoor storage of vehicles, semitruck trailers, pipes, well drilling and other equipment and construction supplies on property located at 3131 Sibley Memorial Highway in the NE'/4 of Section 8 and NW '/4 of Section 9. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend "a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report - Keys Well Drilling July 24, 2001 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11. 10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. Planning Report - Keys Well Drilling July 24, 2001 Page 3 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY A conditional use permit was issued to Schuster Equipment Co. for this property in 1991 for sales and service of heavy equipment (i.e., street sweepers and snow plows). When Lull International acquired the property, Lull continued to use the property for outside storage, and it appears that outside storage is now occurring in areas beyond the boundaries authorized in the 1991 CUP. Earlier this year, the City considered a similar request for a Conditional Use Permit for outside storage, and a setback Variance, brought by Sowles Company, which ultimately was denied by the Council because the proposed storage items were found to be incompatible with the character of the area and could not be adequately screened. EXISTING CONDITIONS The site contains an existing 15,500 square foot building on the north end of the site. Access to the site is provided from Alexander Road on the north end and Terminal Drive on the south end. The southern portion of the site has served as outside storage in the past and has a Class 5 surface. The north end of the site is landscaped around the existing building and parking area. There are several existing non-conformities with regard to site improvements. The storage area is not well-defined, it is surfaced with Class 5 rather than bituminous or concrete, does not have curb and gutter or a storm drainage system, and there is no fencing or screening around the outside storage area. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Manufacturing; zoned I-1 (Limited Industrial); guided IND (Limited Industrial) South - Vacant/manufacturing; zoned I-1; guided IND East - Richfield Blacktop/Single-Family Residential; zoned GB (General Business) and R-4 (Multiple Residential); guided MD (Medium Density Residential) and HD (High Density Residential) West - Warehouse; zoned I-1; guided IND EVALUATION OF REOUEST Compatibility with Surrounding Area - The surrounding area west of Hwy. 13 is largely industrial uses. Across Hwy. 13 to the east are a business use (Richfield Blacktop) and residential development. 0 e2 Planning Report - Keys Well Drilling July 24, 2001 Page 4 Proposal - The applicant is relocating the headquarters of Key's Well Drilling to this site, and has need for outside storage of well drilling equipment, construction materials and related vehicles. The applicant is requesting a Conditional Use Permit for outside storage on this site. If approved, this CUP would replace and supercede the 1991 CUP. Site Plan - The applicant proposes outside storage on the south and central portions of the property. The site plan is not specific as to which materials, equipment and vehicles will be located in what areas of the storage yard. A detailed site plan should be submitted that specifies what type of items will be stored in which locations on the site. Trash storage areas also are not shown. The applicant's narrative indicates that trash receptacles will be kept either inside the building or within an enclosure constructed according to City Code standards. Setbacks - The storage area is set back fifteen feet from the west lot line, however, approximately 150 feet of the curb along the driveway from Alexander Road is located on the property line. A minimum five-foot setback from the west property line should be maintained except where easement exists across the adjacent property for the driveway to Alexander Road. The proposed outside storage area satisfies the required minimum distance from Hwy. 13 and Alexander Road. The applicant shows a 50-foot setback of the proposed storage area from Terminal Drive and from Hwy. 13 on the southern portion of the site. Outdoor Storage - The applicant's narrative indicates that the outdoor storage will be for "vehicles, semi-truck trailers, pipes (8" to 36" wide), well-drilling equipment and other equipment and construction supplies." The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. The proposed site plan and narrative do not indicate how security and containment of the storage area will be achieved. Staff recommends that a fence be installed. The fence should be constructed of materials to provide 90% opacity for screening from public rights-of-way, particularly from Terminal Drive. Items stored should not exceed the height of the fence enclosure. However, some items such as the semi-truck trailers may exceed the maximum allowed fence height of eight feet. If some storage items are allowed to exceed fence height, then screening at levels above the top of the fence should be provided in the form of landscaping along Terminal Drive and Hwy. 13. Condition #6 may require modification if storage of items exceeding the maximum eight-foot fence height is approved. ' i Planning Report - Keys Well Drilling July 24, 2001 Page 5 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. This site has public street frontage on three sides. A portion of the storage area will be located behind the building, with the building serving as the screen to Alexander Road and Hwy. 13. The proposed storage area exceeds the 40-foot minimum front building setback along all three street frontages. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The topography in this part of the City is such that the land slopes downward from east to west toward the river valley. This site is about ten feet below the elevation of Hwy. 13, making screening of the site from the east difficult. Views westward from Hwy. 13 and from properties across Hwy. 13 overlook the property. Staff suggests landscaping with evergreen trees along the east boundary of the property to provide screening from the east. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage area should not adversely affect pedestrian or vehicular movement. The parking area and main building entrance are separate from the proposed outside storage areas. 5. The storage area shall not take up required parking spaces or landscaping areas. The parking lot is separate from the proposed outside storage areas and required yard setbacks are satisfied. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most widely used surfacing material to accomplish this requirement and is required for off-street parking areas. The applicant proposes to surface the storage area with a milled bituminous material. There are a number of outdoor storage lots within the City that have been allowed to use recycled aggregate or milled bituminous surfacing for outside storage areas, particularly in the industrial district west of Hwy. 13. Those conditional use permits have included a condition for periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. The owner is responsible for maintaining the paved surface in good condition and the narrative states "The Keys will be responsible for maintaining the paved surface in good condition." If recycled asphalt is used, periodic staff review should be a condition of approval. If, upon review of the site, the recycled asphalt aggregate surface is determined to be inadequate, the City may require the storage lot to be resurfaced with bituminous asphalt. LandscapinS - A landscape plan should be submitted for staff review and approval prior to release of the Conditional Use Permit for recording. The landscape materials should serve to _ screen the outside storage areas from the public rights-of-way and residential properties to the east. The landscape plan should identify the particular plant materials and specifications for installation. All landscaped area should be irrigated where possible. a7 a Planning Report - Keys Well Drilling July 24, 2001 Page 6 Grading/TopoQraphy - The site is open and generally slopes to the west. The first floor elevation of the existing building on the site is approximately ten feet below the grade of Highway 13 to the east. The developer will be responsible for installing and maintaining erosion control measures in accordance with City standards during the construction of the new parking and storage areas. Storm Drainage - Existing public storm sewer is available within Terminal Drive and Alexander Road for connections by the development. A private storm sewer pipe system in accordance with City standards should be constructed to handle drainage from the site, including catch basin structures and storm sewer to capture the storm water runoff before it reaches public right-of- way. Utilities - The existing building is connected to the City sanitary sewer and water main systems. Streets/Access/Circulation - Public street access is available from Alexander Road to the north and Terminal Drive to the south. MnDOT will not allow public street access to Highway 13 to the east. The developer should construct the proposed parking and storage areas with perimeter concrete curb & gutter, hard surfacing, concrete driveway entrance aprons, and storm sewer in accordance with City code requirements. Easements/ Permits/ Right-of-Way - The developer should obtain MnDOT permit approval for any work within Highway 13 right-of-way and shall provide evidence of an easement allowing for the access to Alexander Road over the adjacent parcel to the west (United Stationers). Wetlands/Water Ouality - There are no jurisdictional wetlands on the site. Typically, water quality contributions are required at the time of subdivision. This property was subdivided and initially developed before the City adopted a Water Quality Management Plan. However, this development should be responsible for a water quality contribution at this time because of the runoff associated with the outdoor storage yard. Staff suggests that the amount of water quality contribution be based only on the southern half of the site to encompass the new storage area (beyond what was approved in the 1991 CUP). This amounts to 52,099 square feet of impervious surface, or 30% of the total site area. The calculated water quality contribution for this area is $10,093.00. SUMMARY/CONCLUSION Keys Well Drilling is requesting a Conditional Use Permit (CUP) for outdoor storage of vehicles, semi-truck trailers, pipes, well-drilling and other equipment and construction supplies on property located at 3131 Sibley Memorial Highway. The property has been used for outside storage in the past, most recently by Lull International. ~Y3 ~ 1 Planning Report - Keys Well Drilling July 24, 2001 Page 7 The applicant is proposing improvements to the property that include milled bituminous surfacing of the outdoor storage area, landscaping, and installation of curb and gutter and storm sewer. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for outdoor storage of vehicles, semi-truck trailers, pipes, well-drilling and other equipment and construction supplies on property located at 3131 Sibley Memorial Highway in the NE'/4 of Section 8 and NW '/4 of Section 9. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A detailed site plan shall be submitted that specifies what type of items will be stored in which locations on the site. 3. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code standards. The revised detailed site plan shall show the trash enclosure if one is to be constructed. 4. A minimum five-foot curb setback from the west property line shall be maintained except where easement exists across the adjacent property for the driveway to Alexander Road. 5. The eight-foot tall fence shall be constructed of a material that provides 90% opacity for screening from public rights-of-way. 6. The items to be stored shall not exceed the height of the fence enclosure. 7. Milled bituminous surface shall be allowed for surfacing within the outdoor storage area. The owner shall be responsible for maintaining the surface material in good condition. The site shall be subject to periodic staff review to determine its adequacy for dust and drainage control. If upon review, the surface is determined to be inadequate, the City may require the storage lot to be resurfaced with bituminous asphalt. 8. Landscaping shall be provided along the south and east sides of the property to provide screening of the storage. areas from public rights-of-way and residential properties to the east. The landscaping along the east side of the property shall include evergreen trees to provide an effective screen given the topography in the area. 9. A detailed landscape plan shall be submitted for staff review and approval prior to release of the Conditional Use Permit for recording. The landscape plan shall identify the particular plant materials and specifications for installation. All landscaped area shall be irrigated and where possible. a Y Planning Report - Keys Well Drilling July 24, 2001 Page 8 10. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City standards during the construction of the new parking and storage areas. 11. A private storm sewer pipe system, in accordance with City standards, shall be constructed to handle drainage from the site, including catch basin structures and storm sewer to capture the storm water runoff before it reaches public right-of-way. 12. The developer shall construct the proposed storage areas with perimeter concrete curb & gutter, hard surfacing, concrete driveway entrance aprons, and storm sewer in accordance with City standards. 13. The developer shall obtain MnDOT permit approval for any work within Highway 13 right- of-way. 14. The applicant shall provide evidence of an easement allowing for the access to Alexander Road over the adjacent parcel to the west (United Stationers). The easement should be provided to the city prior to release of the Conditional Use Permit for recording. 15. This development shall be responsible for a cash water quality contribution, to be paid prior to release of the CUP for recording. The amount is based on the southern half of the site to encompass the newly surfaced storage area and expanded parking lot area. The calculated water quality contribution amount is $10,093.00. ass { FINANCIAL OBLIGATION - 08-CU-12-06-01 Lot 1, Block 1, Sibley Terminal Industrial Park There are pay-off balances of special assessments totaling $212 on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The charges become due and payable with connection to the City's Utilities. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT None None a Eagan Boundary Wee Area Location Map s Centerline Pares) Area Building Footprint S t 9a rC v ti C 8 v a ~ O a a 0 i~ v 9 p TC Q .d' •1 $.0 yF ~ tm a Sub ect site F~ $t a ,rte ~ ® ACV- MEN cm 1= 0 its MM a ®M! Za IBM f ,'O f t T ~e ■ MM mob a ar ~ INC i w 7 10DO 0 1000 2000 Feet I Development/Developer. Keys Well Drilling Application: Conditional Use Perm Case No.: 08-CU-12-06-01 N gap prepared uairp Sur Are oral Wte rrrp eofd Rd d by Oakeh County Land>MrMY OepamTM M andMeuneMd .hrr 2001. _ W E *City of Eagan /I THIS MAP IS INTENDED FOR REFERENCE USE ONLY M I N N E S O T a The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S y Dwd-ptrtt Department not respomlble for errors or omissions. i i Current Zoning and Comprehensive Guide Plan Keys Well Drilling Land Use Map Case No. 08-CU-12-06-01 Zoning Map I-1 Location OCT R-3 Current Zoning: 0 1-~ ff E 1-1 1-1 Limited Industrial 1 R-4 R-4 as 1-1 R-4 1 E~ 000 0 1700 Fwt M Comprehensive Guide Plan D Land Use Map P IND ~ LD Location LD ®®E O ND IND ff Current Land Use Designation: IND ND ND Limited Industrial MD IND MD IND ~MD® D ® MD ND •ae • on u7• twt per" W Iwo Yde atl•• • owwhr Le"wv7 D"wb••d OWNJO1. N Wa6dah"d by car sta. *City of Eagan Z E i THIS MAP If INTENDED FOR REFERENCE WE ONLY Community Development Depsr&neM The City of EaEan and Dakota Ce- ty do net Euaranuo the accuracy of this Information. s Si1OUICINOO NUSIX2 • •LI'!bs ,w•ao.rr.+~lll..-- v t O ' Ycw.• i •YV u.waws - C. 1Z Sg nl C%j cc gal t 8 ' a = I fill I I o 1 ~ 1 i ~ • • E ~ Slow, cc J'E 4. c 1 a 2 N 1 ~ •yaE ~,7= G E~~w_ 1- aV~ 1 "u -m•4eo~~~c~e°~ 2~ a ~ 'Cc 1 , I 1 t.~ II ! C u C CJ~9 S._ S 1 f iU< C 1 1 1 .,ql L 1 LL 1 1 II e. 3 ~ 1 1 f-~- / 1 e I 1 1 1^'~ c~ 1 I~•. , _ _ J I J ~ ~ O Z Id~ o I T 1 Y• h k ; L 1 M 1 x p j ~ Y •7 • n , • c a y 1 f f /Off 1 G. :w t 'JL /MS awT f•arf.~, 1 1 ~ rF W 1 ~ ~w~ C W ~.i1 1 0•~ I a 1 6a• z Ei j'01 fft 1 4 T ~ ~ O w.ci• lJanw.t 3 1 cc p ~ a tt ♦ K~ r h 't 1 Ali ' j a A ~ y- J: y C ~ • i ja~;~ j j$ U LK/ •.w• a...•.,,, W •b Y W v fi a c 5 t'bF ~ c,i \ ~ ~ g'1~~ S ~M 1 1 ^q O i ~ / ve I ~ ~ / 1 mi V.- Af•ol 1 • ~47is~li osn7fc F[Z~rIJ tr1J+7ta7 usrr.•r sYirywJ ~~/of i w° ~ F~'et : , ca Y••••s. c••a ,.Y., 3 „oo, ro, rl,v - I 4d0a H3aNVX31V 1 ~ OIYM j MJ 1 •aJ ~.P A L E X A N D E R R 0 A D s M N 4 OC = 2f?ff _ 1 1 1= ~ w = I t NO . ~ j Rg 1 I f ; a 1 1 1 I -cs r 1 ~ ~ ~ • 1 ~ l > ~ N j ~ r . 1 1 I I I j = Li I Q i ~ K-C w ~r sr s ~r Iw w~~ii Z K. g I r I Fr 1P off x.w c _ ;all C Z T E R Y I N A l D R I V E asv PROPOSED SITE PLAN KEYS WELL DRILLING 7/3/01 Expanded Narrative Relative to Outdoor Storage Standards in the City Code Summary of Request George H. Keys of Keys Well Drilling is planning to acquire the property (the "Property") located at 3131 Sibley Memorial Highway in the NE 1/4 of Section 8 and NW 1/4 of Section 9 and move the headquarters of Keys Well Drilling to this site. George H. Keys is requesting a Conditional Use Permit ("CUP") for outdoor storage of vehicles, semi-truck trailers, pipes (which are 8" to 36" wide), well drilling equipment and other equipment and construction supplies on the Property. Keys Well Drilling is in the well drilling business and, in addition to the office and shop space located on the Property, the Property has, and they have a need for, an outside storage yard for vehicles, semi-truck trailers, pipes (which are 8" to 36" wide), well drilling equipment and other equipment and construction supplies. A conditional use permit was issued to Schuster Equipment Co. for the Property in 1991 for sales and service of heavy equipment (i.e. street sweepers and snow plows). Lull International currently owns the Property and has continued to use the Property for outside storage. If approved, the CUP would replace the 1991 CUP. Narrative Description of Proposed Use The surrounding area west of Highway 13 is largely industrial uses. Across Highway 13 to the east are a business use (Richfield Blacktop) and residential development. The Keys propose outside storage on the areas shown on the plan drawing (the "Plan Drawing") that has been prepared by an architect engaged by the Keys and transmitted to you under separate cover. All trash receptacles will be kept either inside the building or within an enclosure constructed according to City Code standards. Paved parking already exists on the site. The storage area will be set back 50 feet from Highway 13 and Terminal Drive. No setback variances will be needed. This site has public street frontage on three sides. A portion of the storage area will be located behind the building, with the building serving as the screen to Alexander Road. The Keys propose to surface the storage area with recycled asphalt material. The Keys will be responsible for maintaining the paved surface in good condition. The site is open and generally slopes to the west. The first floor elevation of the existing building on the site is approximately 10 feet below the grade of Highway 13 to the east. The developer will be responsible for installing and maintaining erosion control measures in accordance with City standards during the construction of the storage areas. prL ~ 1 Existing public storm sewer is available within Terminal Drive and Alexander Road for connections by the development. A private storm sewer pipe system, in accordance with City standards, will be constructed to handle drainage from the site, including catch basin structures and storm sewer depicted on the Plan Drawing. The existing building is connected to the City sanitary sewer and water main systems. Public street access is available and a curb cut exists from Alexander Road to the north. ::ODMA\GRPWISBGWDMPLS.GWPOMPLSJaLSLIS 1:794791 ~v~ Agenda Information Memo November 8, 2001 Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT - RACO, LLC. ACTION TO BE CONSIDERED: • To approve a Planned Development Amendment to allow a Class H restaurant (Culver's) with drive through service on Lot 2, Block 1, Gatewoods Addition, located at 3445 O'Leary Lane in the NE 1/4 of Section 15 subject to the conditions listed in the draft APC minutes. FACTS: • On October 23, 2001, the Advisory Planning Commission held a public hearing regarding the Planned Development Amendment and unanimously voted to recommend approval. • Originally, the subject property was part of the Town Centre development and the land use was designated as CSC, Community Shopping Center. (In 2000, the property was platted as part of Gatewoods Addition.) Class II restaurants are conditional uses in this zoning district. Conditional Use Permits are not issued in Planned Developments, thus the request is being processed as an amendment. • The applicant proposes to construct a 4,538 sq. ft. Class II restaurant with drive through service and an outdoor patio seating area. Exterior materials include cream-colored brick with two rows of blue brick accent, blue standing seam metal roof, blue neon fascia accent, and blue window awnings. Mechanical equipment is to be screened by the roof material. Refuse will be screened with an attached brick structure. ISSUES: • Wall signage is proposed on two elevations of the building, when only one is permitted by ordinance. As part of the amendment, the City Council could approve two elevations of signage. Proposed wall signage is relatively small (9 and 18 sq. ft.) compared to what is permitted by the sign ordinance (74 and 208 sq. ft., respectively). Other signage includes a monument sign, menu board, and seven directional signs. These comply with the sign ordinance. • Over 60 percent of the site is to be covered with hard surface. In commercial districts, at least 30 percent of the site is required to be green space. The property also lies within the O'Leary Lake Shoreland Overlay District in which impervious surface is limited to 25 percent for commercial uses. A Conditional Use Permit or Planned Development is required to exceed the maximum standard (provided the City has an approved stormwater management plan). Approval of the Planned Development Amendment with the condition that impervious surface not exceed 61 percent would be in lieu of issuing a separate Conditional Use Permit. The proposed impervious surface coverage/green space is consistent with adjacent properties. ATTACffi1IENTS (2): Draft October 23, 2001 APC Minutes, Page Original Staff report, pages QS through aS3 City of Eagan Advisory Planning Commission Meeting DRAFT October 23, 2001 Page 7 PRELIMINARY SUBDIVISION & VARIANCES - TILSEN HOMES INC. This item has been continued indefinitely. PLANNED DEVELOPMENT AMENDMENT - RACO. LLC Chair Heyl opened the first public hearing of the evening regarding a Planned Development Amendment to allow a Class II restaurant (Culver's) with a drive-thru on Lot 2, Block 1, Gatewoods Addition, located at 3445 O'Leary Lane in the NE 1/4 of Section 15. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff report dated October 17, 2001. She noted the background and history. Jeff Benedict and Clint Racine, Culvers Owner and Representative discussed other Culvers restaurants that are located in the metro area. Mr. Benedict sated Culvers is the fastest growing custard restaurant in the metro area. Chair Heyl questioned the traffic and trips per day compared to a Mc Donald's for example. Mr. Racine stated Culvers is not a fast food restaurant, however there is a drive through. Chair Heyl questioned the length of time that a car would typically be in the parking lot. Mr. Racine stated a car will typically stay in the parking lot for four minutes if using the drive through and five minutes if picking up food. Mr. Benedict stated the food is delivered to the table once the customer has placed their order. Mr. Racine stated each Culvers restaurant is owner-operated. Member Segal stated there was an article in Minneapolis and Saint Paul Newspapers that gave Culvers a good review. Mr. Racine stated the hours of operation are 10:00 am to 10:00 pm. There being no public comment, Chair Heyl closed the Public Hearing and returned the discussion back to the Commission. Chair Heyl questioned the 25% maximum impervious surface. She questioned the general green space of surrounding properties. =ISY City of Eagan Advisory Planning Commission Meeting DRAFT October 23, 2001 Page 8 Planner Ridley stated he is unaware of the general green space at this time. He stated he does not think there are any properties in the area that are under 25%. He stated this proposal is not out of character with the surrounding developments. Member Bendt questioned the width of the parking stalls. Planner Kirchoff stated that the proposed parking stalls meet City Code requirements. Member Huusko moved, Member Kaess seconded a motion to approve the request regarding a Planned Development Amendment to allow a Class 11 restaurant (Culver's) with a drive-thru on Lot 2, Block 1, Gatewoods Addition, located at 3445 O'Leary Lane in the NE % of Section 15 subject to the following conditions: 1. The applicant and/or developer shall enter into a Planned Development Amendment Agreement with the City prior to building permit issuance. 2. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 3. The impervious surface shall not exceed 61 percent of the site area. 4. Plantings shall be prohibited within the O'Leary Lane public right-of-way and in storm sewer utility easements extending along the western and eastern property lines. A revised landscape plan shall be submitted for the Planned Development Agreement. 5. Plantings or a decorative fence shall be installed to delineate the retaining wall along the southern property line. 6. Wall signage shall be permitted on the north and east elevations of the building. A separate permit shall be obtained for the wall and freestanding ground signage. 7. The developer shall provide evidence of a private utility easement agreement with the property owner of Lot 1, Block 1, Gatewoods Addition to allow for this connection, prior to building permit issuance for this development. 8. The developer shall be responsible for the necessary modifications to the existing entrance onto O'Leary Lane for use by Lot 1 Block 1 Gatewoods Addition only. 9. The developer shall construct the proposed public sidewalk to maintain an 8-foot wide boulevard, or sodded area, between the sidewalk and the west curb of . O'Leary Lane. S5~ ~ 1 City of Eagan Advisory Planning Commission Meeting DRAFT October 23, 2001 Page 9 Member Kaess stated the proposal looks good. Chair Heyl suggested that the City Council be informed that the development is consistent with other surrounding properties in terms of green space. She stated the development will be a good addition to the City. A vote was taken. All voted in favor. Chair Heyl stated this item will be reviewed by the City Council on November 8, 2001. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 17, 2001 CASE: 15-PA-07-09-01 APPLICANT: Raco, LLC HEARING DATE: October 23, 2001 PROPERTY OWNER: R.H. Zehring PREPARED BY: Cynthia Kirchoff REQUEST: Planned Development Amendment (Culver's Restaurant) LOCATION: 3445 O'Leary Lane COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a Class H restaurant with a drive-through on Lot 2, Block 1, Gatewoods Addition, located at 3445 O'Leary Lane in the NE'/< of Section 15. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY This site was originally part of the Eagan Heights Commercial Park, which was approved in 1985. In 1993, the property was replatted into Outlot B of Town Centre 100 13'bAddition. The subject site was final platted in 2000 as Lot 2, Block 1, Gatewoods Addition in conjunction with the development of Town Centre Plaza office building to the south. Development plans were not noted for the subject property when Gatewoods Addition was approved. c= 0~%`7 i 1 Planning Report - Culver's Restaurant October 23, 2001 Page 2 EXISTING CONDITIONS The site is vacant and has been graded. It has access via O'Leary Lane. SURROUNDING USES The following table presents existing uses, zoning, and comprehensive guide plan designations surrounding the proposed Culver's Restaurant. Existing Land Use Zoning Land Use Designation North Checker's Auto Parts; PD, Planned Development SA, Special Area Rapid Oil Change South Town Centre Plaza PD, Planned Development SA, Special Area East Minnewest Bank LB, Limited Business SA, Special Area West Blue Cross Blue Shield PD, Planned Development SA, Special Area EVALUATION OF REQUEST Compatibility with Surrounding Uses and Area: The site is designated as a Special Area on the Comprehensive Plan Land use map. As such, it is intended to have specific policies guiding development. A plan has not yet been prepared for this quadrant of the Central Area. Town Centre Development has evolved since 1985 and many of the initially proposed land use designations changed. The subject site was initially guided for CSC, Community Shopping Center, uses. In 1988, it was changed to LB, Limited Business and reverted to CSC in 1992. Therefore, the application will be reviewed based upon the standards of the CSC zoning district. Within this zoning district, class II restaurants are conditional uses. However, Conditional Use Permits are not issued in the Planned Development Zoning District. Since a restaurant was never specifically designated for this site, the request will be processed as an Amendment to the Planned Development. Town Centre 100 Planned Development contains a diversity of uses, however, they are primarily commercial in nature. The proposed restaurant is generally consistent with and complementary to the surrounding uses of office, service, and high density residential. Site Plan: The applicant proposes to construct a 4,538 sq. ft. Class II restaurant with a drive- through and outdoor patio seating area. The plans indicate that the exterior materials and overall layout are consistent with other Culver's Restaurants. O~ ~ V Planning Report - Culver's Restaurant October 23, 2001 Page 3 Setbacks: The proposed building complies with the CSC zoning district minimum required building and parking setbacks as shown below. Front Yard Side Yard Rear Yazd Building Minimum 30 feet 10 feet Proposed 48 feet 128 feet/51 feet 159 feet Parking Minimum 20 feet 10 feet 10 feet Proposed 20 feet 10 feet/12 feet 49 feet Building/Impervious Surface Coverage: Building coverage for the proposed restaurant is 5.6 percent. The City Code permits 30 percent. However, the site is located within the O'Leary Lake Shoreland Overlay District, thus only 25 percent of the site is permitted to be hard surface. According to the plans, 60.6 percent of the site is impervious surface. The shoreland ordinance permits a deviation from this provision under certain circumstances. Impervious surface is further discussed in the Water Quality/Wetland section of this report. The zoning ordinance requires a minimum of 30 percent of the site to be green area or pervious surface. The site plan indicates that 39.4 percent will be sodded or landscaped. Parking: Parking stalls are located to the north and west of the proposed building, with a drive-thru lane to the south. The zoning ordinance requires one stall for each three seats based upon seating capacity. The proposed restaurant has seating capacity for 118. Therefore, 39 stalls would be required. The site plan shows 69 stalls. (Note: The over parking of the site contributes to amount of impervious surface.) The applicant contends that 30 additional parking stalls are needed based upon demand exhibited at other Culver's. Access: Public street access for the development will be at two locations on O'Leary Lane; one full access directly opposite the Allina/Minnwest development and one "entrance only" in the northeast corner of the site. An existing shared access driveway with the property to the south, Lot 1, Block 1, Gatewoods Addition onto O'Leary Lane will not be utilized with this development. The developer should be responsible for the necessary modifications to this entrance for use by Lot 1, Block 1, Gatewoods Addition only. The site plan indicates the extension of a public 6-foot wide concrete sidewalk along O'Leary Lane south from the northeastern corner of the site to the southerly driveway entrance. The sidewalk shall be constructed to maintain an 8-foot wide boulevard, or sodded area, between the sidewalk and the west curb of O'Leary Lane. asp Planning Report - Culver's Restaurant October 23, 2001 Page 4 Building Architecture/Materials: The site plan indicates that the building will be constructed of white brick (Acme Blend 50 Glacier White Modular Velour) with a midnight blue standing seam metal roof. Blue awnings are proposed over the windows on the north, south, and east elevations. Two rows of blue brick accent will wrap around the building. Blue neon will follow the fascia on the north, south, and east elevations. Building Height: The building is proposed to be 19 feet in height, measured to the roof s midpoint. Structures in the CSC zoning district are limited to 35 feet of height. Rooftop Equipment: The building elevation plans indicate that the pitched roof will adequately screen proposed rooftop equipment. Landscaping/Screening: Proposed landscaping and screening appear to be adequate for the site and use. Parking areas are required to be screened from view from all streets by a combination of plantings and beaming that are at a minimum of 3 feet in height and 75 percent in opacity. Proposed landscaping appears to screen the parking area from O'Leary Lane by means of beaming and shrubs along with overstory trees. (Note: Evergreen shrubs used as screening shall be a minimum of three feet in height and overstory trees are required to be a minimum of 2.5 inches in caliper at the time of planting.) All landscaping/screening is required to have an automatic irrigation system. Grading: The preliminary grading plan is acceptable. The site generally slopes to the north with elevations ranging from 904 to 890. The site is clear and has been previously graded. Minimal grading will be required to prepare the site for the proposed development. The grading plan indicates a 4 foot tall retaining wall with a chain-link safety fence will be installed along a portion of the southern property line. Staff recommends that plantings or a decorative fence be installed to delineate the retaining wall. Refuse Collection: A trash enclosure is attached to the west elevation of the building. The enclosure is to be constructed of brick similar to the main structure with a cedar gate. The location appears to be appropriate for truck access. Signage: The applicant proposes to install a freestanding ground sign along O'Leary Lane and wall signage on the north and east elevations of the building. The monument sign is proposed to be 7 feet in height with 4 feet of height being the sign display area. It is set back 10 feet from the property line, as required by the sign ordinance. Wall signage is permitted along major street frontage and to cover a maximum of 20 percent of the gross area of a wall. In this instance a wall sign would only be permitted on the east elevation because it abuts O'Leary Lane. As part of the Planned Development Amendment, the Planning Commission could recommend approval of the two wall signs as noted in the recommended conditions of approval. The site plan also indicates a menu board (47.5 sq. ft. in area and 7.4 feet in height) and directional signage (i.e., "drive-thru," thank you," "enter," do not enter," "enter only," "exit," and C;2 66) Planning Report - Culver's Restaurant October 23, 2001 Page 5 "exit only"). Menu boards are not regulated by the sign ordinance. Directional signage is exempt from the permit process, but is limited to six square feet in area. The proposed directional signage is 3.6 feet in height and approximately 3.6 sq. ft. in sign area. Lighting: The site plan indicates light fixtures are to be mounted on the building and on 18 foot poles in the parking lot. The zoning ordinance requires parking area lighting to be shaded so as to reflect light away from adjacent property. Proposed luminaries are cut-off, shielded fixtures. The lighting plan indicates illumination is approximately .5 foot candles at all property lines. Water Quality/Wetlands: The City of Eagan Shoreland Zoning Ordinance (City Code, Sec. 11.21) applies to the development of this parcel because the site is located within 1,000 feet of the ordinary high water level of O'Leary Lake, which is state-protected waterbody classified as Class II-Indirect Contact Recreation by the City's Water Quality Management Plan. However, stormwater runoff from this parcel does not drain to O'Leary Lake. The Shoreland Ordinance allows impervious surface to be increased above 25 percent with approval of a Conditional Use Permit or Planned Development. Such an increase in impervious surface dictates that the City have an approved and implemented Stormwater Management Plan and require the necessary mitigation features to meet non-degradation standards for phosphorus for the nearest downstream recreational water body. Stormwater runoff from this site is discharged to City Pond DP-5, a nutrient basin according to the Water Quality Management Plan. Stormwater travels from DP-5 through several other stormwater ponds before reaching LeMay Lake, which is designated as a Class I-Direct Contact Recreation by the Water Quality Management Plan. Although the parcel on which this development is proposed was part of the development process for Town Centre 100 13th Addition (in mid 1990s), water quality requirements were not addressed at the time. Therefore, the City's water quality requirements have not been satisfied. Since the development is relatively small, a cash dedication in lieu of water quality ponding is appropriate in this case. The fee is anticipated to be $10,000. There are no wetland issues associated with this parcel. Utilities: The preliminary utility plan is acceptable. The developer is proposing to access sanitary sewer service from the sewer line installed with development of the property to the south, Lot 1, Block 1, Gatewoods Addition. The developer should provide evidence of a private utility easement agreement with the property owner to allow for this connection, prior to building permit issuance. Water main service is available to the development. ~6/ Planning Report - Culver's Restaurant October 23, 2001 Page 6 Easements/ Permits/ Right-of-Way: The developer shall provide evidence of a private utility easement agreement with the property owner of Lot 1, Block 1, Gatewoods Addition to allow for this connection, prior to building permit issuance for this development. Since this property will not be utilizing the existing access from O'Leary Lane, the developer shall be responsible for the necessary modifications to this entrance for use by Lot 1 Block 1 Gatewoods Addition only. The public sidewalk shall be constructed to maintain an 8-foot wide boulevard, or sodded area, between the sidewalk and the west curb of O'Leary Lane. Storm Drainage: Storm water runoff from the development will drain via private storm sewer to public storm sewer within O'Leary Lane to the east. Park/Trail Dedication: Park dedication was fulfilled with the Town Centre 100 Planned Development. In lieu of trail dedication, the applicant shall extend the concrete sidewalk as shown on the site plan. SUMMARY/CONCLUSION A determination as to the acceptability of the Culver's Restaurant with a drive-through on this site is considered a policy decision. The proposal is generally consistent with surrounding uses and complies with the initial overall plan for Town Centre 100. The Planning Commission's recommendation to approve the PD Amendment would be in lieu of a separate Conditional Use Permit to allow impervious surface to exceed the 25 percent maximum for properties within the O'Leary Lake Shoreland Overlay District. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a Class II restaurant with a drive-through on Lot 2, Block 1, Gatewoods Addition, located at 3445 O'Leary Lane in the NE'/< of Section 15. If approved, the following conditions should apply. 1. The applicant and/or developer shall enter into a Planned Development Amendment Agreement with the City prior to building permit issuance. 2. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 3. The impervious surface shall not exceed 61 percent of the site area. C6 Planning Report - Culver's Restaurant October 23, 2001 Page 7 4. Plantings shall be prohibited within the O'Leary Lane public right-of-way and in storm sewer utility easements extending along the western and eastern property lines. A revised landscape plan shall be submitted for the Planned Development Agreement. 5. Plantings or a decorative fence shall be installed to delineate the retaining wall along the southern property line. 6. Wall signage shall be permitted on the north and east elevations of the building. A separate permit shall be obtained for the wall and freestanding ground signage. 7. The developer shall provide evidence of a private utility easement agreement with the property owner of Lot 1, Block 1, Gatewoods Addition to allow for this connection, prior to building permit issuance for this development. 8. The developer shall be responsible for the necessary modifications to the existing entrance onto O'Leary Lane for use by Lot 1 Block 1 Gatewoods Addition only. 9. The developer shall construct the proposed public sidewalk to maintain an 8-f6ot wide boulevard, or sodded area, between the sidewalk and the west curb of O'Leary Lane. o%3 i Eagan Boundary Location Map P~elArea Building Footprint J I ~ I "I'' ~ ~ a3 ~ T-3, ~Y ' q} x VIP 9 90 F741 a III I 1 111 31 881 M saw 3 It 3' s • -GZ- .sue • y Subject Sit' s ` u x ~ 3 e~° t r a R r s' 3 s =in • a and Bed C y i ~ a 6 G ~ ~ :s r y / B CD b ; dY9 a s 1000 0 1000 2000 Fast Development/Developer. RaCa. LLC (Culver's Restaurant) Application: PD Amendment Case No.: 15-PA-07-09-01 [L Map prepared uskq D.t. Parni bass mp data provided N by Dekofa County Land 3urv.y Oepanmard and is event as of June 2M. I TH13 MAP IS INTENDED FOR REFERENCE USE ONLY W fd City of Eagan M 1 N N E S O T A The City of Eagan and Dakota County do not guarantee the accuracy of Ods Information and are 8 Cereardey D.wepa-M Deparbrent not responsible for errors orenduslons. Current Zoning and Comprehensive Guide Plan Culver•s Restaurant Land Use Map Case No. 15-PA-07-09-01 Zoning Map A PD PD BP LB Current Zoning: PD Planned Development D Ls R-4 PD PD P P R-4 N• • w• Comprehensive Guide Plan SA SA Land Use Map SA BP SA SA Current Land Use Designation: HD SA Special Area SA HD P -HK~j • 112N V .N PfMI Y~ mq YIN M Pf•.{•M OM>Mr Lr~ sww" 0•p11OI•r 0"'Im. s• Mw I••MYiIr• y cur Sum City of Eagan - - - E - - ~ THIS MAP li INTENDED FOR R!F[RlNC! USE ONLY 0wMxffftDvwkPTw*Dapw&rw* + The City of Eagan and Dakota County do not guarantee the accuracy of this Information. I 1 i e ;i:~~~! If 7~ 3 noswyyy 'u.le3 , ~.ma-m E 1NYiU1V1S3N SAGAII1J t ' i ~;:1 of .'ff ~ l ,s ~ ~ ~ Q • e i ~ a ._•o ~ 1 l iy j~l~ i~E~ ; ~{r{a~~i{Li # .>fq ~ ! ~ l!la~~! a J i {{,1 ri_ : ill * 7 }f~l ~ tt '3 l$1=ll =~j1 f gill t=l ~rl Alylf a ~ fE ! 1 t 111§118 ! it ~lll li• TV ! fill1 ! ! j 3Hil I 1 #f2i #=#==,~f '1~~ ! jl= u ~ ] •.....I..a,• E if ~ 1~.1 . 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C iii , e ,'I I all ' ~ w ~ ~ i ii~► tl jp t i ~ -gyp «~v j! ! 0 1!~ ~ ~ I i 1•~. ~.e II .14 i t.i E R f ~ I 7-1 ~ I I Proposed Building For F t CULVER'S RESTAURANT Iva, Eagan, MW*vota i J r - i e g} t31 ` all M { afl I I ili 1NVinviS321 S.213Ain:) - Swpl}n9 pasodoid AI Q i • r ~i- 4i I I III3i; I~ I. I I 1 ! 41 IS 11,11 at 17 7 R9 jbimid t7~ it 11. 0 •0@ t o 1 it 4 t I ~ e a I f I t aki 1 ~ 71 ili ii 1 j . ~ J ll ill ~E l= 13 7'= 79f I i 7 1 ii E L ELEVATIONS I Up _ 4 , iii i i ~3i€ii3•Y~a-=~ j %f .tS wr.+ i A Z L'i I 1 ! 1 1 f S t 1 9 . _ F,, ......mtlg ( 3 ~I I II r ~ ' e r„r• ~i.1 ;Ir9 LsPY 3: ''r z ff Q~ )I! % i be W t 1-317 W - > ° L U s~ I 1 I i 77, O l GRA PLAN 7~ Agenda Information Memo November 8, 2001 Eagan City Council Meeting C. CHAPTER 11, ORDINANCE AMENDMENT - TRANSFER STATIONS ACTION TO BE CONSIDERED: To adopt an Ordinance Amendment to Chapter 11 specifying that Demolition Transfer Stations will be allowed as a Conditional Use in the Limited Industrial Zoning District. FACTS: ➢ On October 2, 2001, the City Council directed staff to prepare an ordinance amendment to transfer stations. ➢ The City Attorney has drafted an amendment that provides for a demolition transfer station to be allowed as a Conditional Use in the I-1 zoning district. ➢ The APC held a Public Hearing on October 23, 2001 and recommended approval of the ordinance amendment. ATTACHMENTS: (2) Draft October 23, 2001 APC Minutes, page opla Draft ordinance amendment to Chapter 11, page I T City of Eagan Advisory Planning Commission Meeting DRAFT October 23, 2001 Page 12 ORDINANCE AMENDMENT - CITY OF EAGAN Chair Heyl opened the final public hearing of the evening regarding an Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning)" of the Eagan City Code establishing Construction and Demolition Debris Transfer Stations as a Conditional Use in a Limited Industrial Zoning District. Senior Planner Ridley discussed his memorandum regarding the proposed ordinance amendment dated October 18, 2001. He stated he would respond to questions of the Advisory Planning Commission. There being no public comment, Chair Heyl closed the Public Hearing and turned the discussion back to the Commission. Member Segal questioned the definition of transfer station. Planner Ridley stated transfer station may be defined in the Code update of May 2000 but if not, a definition would be provided for the City Council. In response to a question, Ridley stated that there is presently a transfer station in operation and that it would comply with the conditions of the Ordinance Amendment. Member Huusko moved, Member Bendt seconded a motion to approve the request for an Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning)" of the Eagan City Code establishing Construction and Demolition Debris Transfer Stations as a Conditional Use in a Limited Industrial Zoning District. All voted in favor Chair Heyl stated this item will be reviewed by the City Council on November 8, 2001. OTHER BUSINESS Senior Planner Ridley asked if the November Advisory Planning Commission Workshop could be held at 5:00 pm on November 27, 2001, prior to the regular meeting at 6:30 p.m. The APC agreed. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA) There were no visitors to be heard at this time. ADJOURNMENT a ?CW?- ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.20, SUBDIVISION 16, REGULATING CONSTRUCTION AND DEMOLITION DEBRIS WASTE TRANSFER STATION AS A CONDITIONAL USE IN LIMITED INDUSTRIAL (I-1) DISTRICTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.20, subd. 16(C)(17), to read as follows: 17. Construction and demolition debris waste transfer station, subject to the provisions and regulations thereof in Chapter 6 of this Code. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Mira McGarvey By: Patricia E. Awada Its: Deputy Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: Agenda Information Memo November 8, 2001 Eagan City Council Meeting D. CHAPTER 6, ORDINANCE AMENDMENT - TRANSFER STATIONS ACTION TO BE CONSIDERED: To adopt an Ordinance Amendment to Chapter 6 to define and regulate Demolition Transfer Stations (as a Conditional Use in the Limited Industrial Zoning District). FACTS: ➢ On October 2, 2001, the City Council directed staff to prepare an ordinance amendment to adequately address transfer stations. ➢ The City Attorney's office has prepared language that defines and provides performance standards for demolition transfer stations within Chapter 6. ATTACHMENTS: (1) Draft Ordinance Amendment, page jtq,0rf),5,through~ a~~ 4d 3~ ~i ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.37, SUBD. 6, REGULATING MIXED MUNICIPAL SOLID WASTE AND RECYCLING TRANSFER STATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by adding Section 6.37, Subd. 6, to read as follows: Subd. 6 Construction and demolition debris waste transfer station. It is unlawful for any person to operate or permit another to operate a construction and demolition debris waste transfer station (hereinafter "transfer station") within the City, except in a Limited Industrial (I-1) district and only upon the Council's granting of a conditional use permit. Any conditional use permit under this Subdivision shall be subject to the provisions of Section 11.40, Subd. 4, of this Code. All applications for conditional use permit for a transfer station shall include a detailed and scaled site plan specifying the dimensions, location, materials and design of the principal building. A transfer station permitted under a conditional use permit in accordance with this Subdivision shall comply with the following requirements: 1. Construction or demolition debris waste transfer activity shall be incidental to the principal use on the property. 2. Only construction or demolition debris waste of buildings, including concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock, and plastic, building parts may be intermediately and temporarily stored on the property to await transfer to another waste facility. 3. The waste capacity of the transfer station shall not exceed 120 tons per day and 37,440 tons per year and operation shall not exceed such waste capacity. 4. The transfer station shall have a maximum storage capacity of 100 cubic yards. 5. All operations of the transfer station shall be conducted within the principal building and no operation shall be conducted outdoors. All construction and demolition debris waste transferred to the property shall be removed from the property within 24 hours of arrival on the property, except that waste arriving on a Saturday shall be removed within 48 hours of arrival at the property. 6. No construction or demolition debris waste shall be stored, stocked or kept outside any building on the property for which the conditional use permit was issued. 7. The operations of the transfer station shall not produce any adverse noise, glare, fumes, odor, obnoxious products, byproducts, litter, waste or any other nuisance impacts. a ~ s- 8. No transfer station shall operate without a license or permit required therefor by any County or State agency or department having jurisdiction over any solid waste transfer system and no transfer system shall operate in violation of any term or condition of a license or permit required therefore by any County or State agency or department. 9. Prior to the operation of a transfer station permitted in accordance with this subdivision, the operator of the transfer station shall provide to the City a copy of any license or permit required or issued by any County or State agency or department having jurisdiction over a solid waste transfer station transfer system. 10. The transfer station and the property on which it is located shall be open at all times for inspection by the City. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By: Patricia E. Awada Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: a Agenda Information Memo November 8, 2001 NEW BUSINESS: E. AMENDMENT TO CITY ORDINANCE 2.38 REGARDING CODE ENFORCEMENT TECHNCIANS ACTION TO BE CONSIDERED: Approve or deny an amendment to City Ordinance 2.38, Subd. 2(E) regarding City Employees authorized to issue citations. FACTS: • Ordinance #2.38 of the Eagan City Code gives certain city staff members the authority to issue citations. It includes personnel like Peace Officers, Community Service Officers, Senior Planner and the Chief Building Official. • The revised ordinance will include Code Enforcement Technicians • The City does not have the staff position Sign Inspector which will be removed from the ordinance ATTACHMENTS: • The draft ordinance is attached as page c;2 ~2 ~ 1 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.38, SUBD. 2(E) REGARDING CITY EMPLOYEES AUTHORIZED TO ISSUE CITATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by changing Section 2.38, Subd. 2(E), to read as follows: E. teeters Code Enforcement Technicians. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"" and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By: Patricia E. Awada Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: p~ ~U Agenda Information Memo November 8, 2001 F. ORDINANCE AMENDMENT - AN ORDINANCE AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION. CRIMES AND OFFENSES" BY AMENDING SECTION 10.11 REGARDING DOG AND CAT REGULATION AND DOG LICENSING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 ACTION TO BE CONSIDERED: To adopt an ordinance amending Eagan City Code Chapter 10, by amending Section 10. 11, entitled dog and cat regulation and dog licensing; and by adopting by reference Eagan City Code Chapter 1 and Section 10.99. FACTS: • On October 16, 2001, the City Council directed the City Attorney's office to prepare an ordinance amendment to Chapter 10 of the City Code regarding dog and cat regulations and dog licensing as a result of legislative changes to the dangerous dog law, Minn. Stat. §347.50-§347.55 • The most significant change is the new §347.515, which requires the owner of a dangerous dog and potentially dangerous dog to implant a microchip in the dog for identification. The new legislation declares it a misdemeanor for an owner to fail to implant or to remove a microchip. The new legislation also provided for additional requirements of the owner of a dangerous dog. • An overview of the additional language to be included in the ordinance is as follows: ➢ Hearings for potentially dangerous dogs are provided for due to the requirement that a microchip must be installed in potentially dangerous dogs. ➢ Annual renewal of the certificate of registration is required for dangerous dogs as long as the dog remains within the City. ➢ The City may require a dangerous dog to be sterilized at the owner's expense. ➢ The City may destroy a dog that inflicted substantial or great bodily harm upon a human being on public or private property without provocation subject to the owner's right to appeal and hearing. ➢ Notification of dog's death or relocation shall be provided to the City. ➢ Disclosure of dangerous dog designation shall be provided to rental property owners. ➢ Notification shall be provided to the purchaser of a dangerous dog. ➢ The dangerous dog designation may be reviewed at the owner's request beginning six months after the dangerous declaration. ATTACHMENTS: • .Draft Ordinance Amendment to Chapter 10, pageso2kthrough&~. C2 ~ a ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRWES AND OFFENSES" BY AMENDING SECTION 10.11 REGARDING DOG AND CAT REGULATION AND DOG LICENSING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by adding Section 10. 11, Subd. 1(K), to read as follows: K. Great bodily harm means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. Section 2. Eagan City Code Chapter Ten is hereby amended by changing Section 10. 11, Subd. 7(A), to read as follows: A. Minn. Stat., §§347.50-347.55 adopted by reference. Except as otherwise provided in this chapter, the regulatory and procedural provisions of Minn. Stat. §§347.50-347.55 (commonly referred to as the dangerous dog regulations), as amended through Laws 499 2001, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. Section 3. Eagan City Code Chapter Ten is hereby amended by changing Section 10. 11, Subd. 7(B), to read as follows: B. Declaration of potentially dangerous or dangerous dog. A city police officer, community service officer or animal control officer may declare a dog to be potentially dangerous or dangerous when the officer has probable cause to believe that the dog is potentially dangerous or dangerous as defined herein. A written notice declaring the dog potentially dangerous or dangerous shall be personally served upon the owner of the dog. The officer shall provide a copy of the notice served upon the dog owner, along with an affidavit of serve, to the city clerk. For purposes of a notice declaring a dog potentially dangerous or dangerous the notice must include a copy of the provisions of this section and Minn. Stat. §§347.50-347.55 and a form, with instructions, to request an appeal of the declaration of the owner's dog as potentially dangerous or dangerous. Beginning 180 days from the date a dog is declared dangerous or the date of the hearing officer's written Findings of Fact and Conclusions affirming the declaration of the dog as ~~O dangerous if the owner appealed the notice of declaration of dangerous dog, the do owner may request annually that the City review the designation. The owner shall provide clear and convincing evidence that the dog's behavior has changed due to the dog's age neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors rendering the dog no longer dangerous. The hearing officer shall review the evidence without hearing and if the hearing officer finds sufficient evidence that the dog's behavior has changed and the dog is no longer dangerous, the hearing officer may rescind the dangerous dog designation. Section 4. Eagan City Code Chapter Ten is hereby amended by changing Section 10. 11, Subd. 7(C), to read as follows: C. Appeal. Any owner of a dog declared potentially dangerous or dangerous may appeal by serving upon the city clerk, within three (3) business days of receive of the notice declaring the dog dangerous, inclusive of the date the notice is received, a written notice of appeal. The appeal hearing shall be heard by the hearing officer within 14 days of the date the declaration notice is served upon the dog owner. The appeal hearing shall be conducted in an informal manner and the Minnesota Rules of Civil Procedure and Rules of Evidence shall note be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests transcription. After considering all evidence submitted, the hearing officer shall make written findings of fact and conclusions on the issue of whether the dog is a potentially dangerous or dangerous dog within five business days of the date of the appeal hearing. The findings and conclusions shall be served upon the owner by U.S. mail, within the five-day time period. An owner's right to appeal or otherwise contest a potentially dangerous or dangerous dog declaration shall be deemed waived if the owner fails to serve a written request for appeal as required herein or fails to appear at the scheduled appeal hearing date. Section 5. Eagan City Code Chapter Ten is hereby amended by changing Section 10. 11, Subd. 7(D)(1) to read as follows: (1) Registration of dangerous dogs. In accordance with 1998 Minnesota Session Law, Chapter 277, the city shall be responsible for the regulatory and procedural provisions for dangerous dogs registration pursuant to Minn. Stat. §347.51, as amended through Laws 1998, Minn. Stat. §347.51, as amended through Laws 1998, is hereby incorporated herein and adopted by reference in its entirety to the extent that any reference to the term "county" shall be substituted with the term "city." The owner of a dangerous dog for which a certificate of registration is required under this paragraph shall pay an annual registration fee, in addition to a fee for the cost of the dangerous dog warning symbol and tag. The fees shall be in the amounts as determined by i 1 city council resolution. The owner of a dangerous dog must annually renew the certificate of registration with the city so long as the dangerous dog is located within the city. Section 6. Eagan City Code Chapter Ten is hereby amended by changing Section 10. 11, Subd. 7(D)(4) to read as follows: (4) Destruction of dangerous dog. In the event that a dangerous dog appears to be an immediate danger to any persons or property, a police officer, animal control officer, or other employee or agent of the city assisting a police officer or animal control officer is hereby authorized to summarily destroy such animal. The city may destroy a dog that inflicted substantial or great bodily harm upon a human being on public or private property without provocation subject to the owner's right to appeal and hearing as set forth in this Section. Section 7. Eagan City Code Chapter Ten is hereby amended by adding Section 10. 11, Subd. 7(D)(6), 7(D)(7), 7(D)(8), 7(D)(9) and 7(D)(10) to read as follows: (6) Microchip identification. It is unlawful for the owner of an dangerous dog to own or keep such dog within the city without a microchip implanted in the dangerous dog for identification and the name of the microchip manufacturer and identification number of the microchip provided to the city. All costs related to the purchase and implantation of the chip must be paid by the dory's owner. (7) Notice of Dojs Death or Relocation. An owner of a dangerous dog shall notify the city in writing of the death of the dog or transfer to a new location of the dog outside the citywithin 30 days of the death or relocation. (8) Rental Property. A dangerous dog owner, who rents or leases property from another, and the dog will be present at the property shall disclose to the property owner prior to entering into the lease agreement or at any time of any lease renewal that the person's dangerous dog will be present at the property. X92 Sale ofDog. A person who sells a dangerous dog shall notify the purchaser that the dog has been declared as dangerous by the city and shall notify the city in writing of the sale and the name, address and telephone number of the buyer of the dangerous dog. (10) Sterilization. The city may require an owner of a dangerous dog to have the dog sterilized at the owner's expense. If the owner does not comply with the City's order to have the dog sterilized, the city may seize the dog and have it sterilized and the owner shall pay the costs thereof before the dog is released to the owner. Section 8. Eagan City Code Chapter Ten is hereby amended by adding Section 10. 11, Subd. 7(E) to read as follows: E. Compliance with potentially dan erous dog regulations. If no timely Meal is received by the city clerk or the appeal hearing office finds the owner's dog is potentially dangerous, the owner shall immediately implant a microchip in the dog for identification and provide to the city the name of the microchip manufacturer and identification number. All costs related to the purchase and implantation of the chip must be paid by the dog's owner. Section 9. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 10. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By: Patricia E. Awada Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: ~g3 i T Agenda Information Memo November 8, 2001 Eagan City Council Meeting G. CONSIDER GRADING PERMIT APPLICATION LOT 2, BLOCK 1. OAK POND HILLS - 45465 OAK POND ROAD ACTION TO BE CONSIDERED: To approve/deny a grading permit for Lot 2, Block 1, Oak Pond Hills - 4565 Oak Pond Road. FACTS: • On August 17, 2001, City staff received a grading permit application from Mr. Randy Wendolek, the property owner at 4565 Oak Pond Road, requesting a permit for proposed grading and tree clearing on his property to prepare it for possible future subdivision. Utility services were installed and the lot was assessed for 2 "Lot Equivalents" under Project 732 (Oak Pond Hills - Streets and Utilities) in 1998 with the 2" assessment deferred until subdivision. To date, Mr. Wendolek has not applied for a preliminary subdivision of the property. • A permit is required as the proposed grading falls above the minimum City code requirements of excavations or fills of 10,000 square feet in area or five feet in depth. • In accordance with City policy regarding grading permit applications not associated with specific development proposals, City staff notified adjacent property owners via mail of the proposed grading. • City code requires that all grading permit applications be considered by the City Council. However, the City Council has granted City staff authorization to issue grading permits administratively given there are no objections from surrounding property owners. ISSUES: • On August 30, 2001, a written objection was received from Mr. Ron Pavlak, 4555 Oak Pond, concerning the suitability of the area to be graded as a single-family house pad with a possible future subdivision of the property. His main concern is the flooding potential from the pond (LP-34) north of the property if a house is constructed in that area. • The proposed grading will raise a majority of the lot to above elevation 890, three feet above the calculated 1% rainfall high water level of 887.0 for Pond LP-34. With future subdivision of the property, drainage & utility easement will be required to be dedicated to the 890 elevation to ensure that the lowest entry elevation will be built above that elevation. • Subsequent meetings involving Mr. Wendolek, Mr. Pavlak and City staff did not resolve Mr. Pavlak's concerns and, therefore, the City Council should provide direction as to the grading permit application. ATTACHMENTS: • Location Map, page 9,. • Grading Plan, page • Letter of Objection from Mr. Pavlak, page, 8"~4 3 c~ r\n x 10-31-01 z ~-j LLJ DIFFLEY ROAD CU RY n m T x 0 Z PATRICK G) AD C EFLOW - ' J v Q o _4 0 ~ W DFLOWER CT o Z LEXINGTON m BRADDOCK OGC~ HACKMORE DR. J Z a WALNUT RDG. Q p / T v~ RK~PY ~REN~ GO U ~ CALVIN a D 3 c rn p p ~~P~L ~OEN L CT. w N . o lL w U = U Q z S2 Q., Fy Z Z U a S2 C) JEFFERSON OR~G~ OO R C v LANE Off. G Q HAMILTON rr C/V NNGS1O~ SUM SUMMER LN. PL. W/CpE ~G G~ . T~FFAN l p RV P x S. ~jvES.S EDGEWOOD COOG T Q" Irv- D R~Ap oFt o 0 EDGEWOOD L 3 ~ SUDBERRY LYNX Q. U o H c~ o WATERFOR LANE T. D ?a S CT c~ j n- N c0* 81 HCREST DR. E. 00 z N. HAY LAKE C1R. 3 Li "o EKE r ~o POND cry. V LA \AP \ ~ O C4IFF C. H RO S0. HAY RO,q p - o vt ~0 0 N~o 0 J GRADING PERMIT W APPLICATION m Q Ns' P PRK ~ 9~ Gov TR LEgPNON gS Lot 2, Block 1, Oak Pond Hills 4565 Oak Pond Road Od. 31, o, City of Eagan Location Map I a clq~5v l LLJ Q Jz . J _ I NL~ O M r O CYJ CA 00 - - - IZ O 00 i i O ' 00 i it I CD I~ Y 1 \ I O O ! 07 , r I ; 1 I i I 'I 1 % 1 ' O t,M 71M t7nnQ CPA ?CA H--)31 HIHH3H O1=:TT T©0Z-`T-1D0 RECEIVED August 29, 2001 AUG 3 0 2001 Dear Mr. John Gorder EAGAN ENGINEERING DEPARTMENT This letter is to confirm in writing the concerns I expressed to you by phone after receiving your letter regarding the excavation/grading project going on at 4570 Oak Pond Road. It is my feeling this project should not move forward due to the extreme alterations necessary to create what would be at best, a questionable building site. The area where the proposed house pad will be is underwater during spring and after significant rains. The owner is planning to fill in this large low area for a house to sit. I believe this idea raises too many structural concerns. So not only is there the potential for foundation problems due to the pad being composed of fill, but an additional potential for moisture problems as well. There is a house that was allowed to be built within the last year just west of Lakewood Hills Road in a low spot, which flooded the new owner's basement this past spring. Why was a house allowed to be put there in the first place? Do we really need to build in such questionable sites? I think not. Sincerely, Ronald M. Pavlak P:~ rq d . edah 4555 Oak Pond Road ag ~ 1 C$ FA' MEMORANDUM EAGAN POLICE DEPARTMENT . 3830 Pilot Knob Road Eagan, MN 55122 651-6814700 * 651-6814738 FAX DATE: October 29, 2001 TO: Chief Kent Therkelsen FROM: Det. Doug Matteson SUBJECT: Liquor License Application, Charlie Rae, Inc. The City of Eagan has received an on-sale liquor license along with a Sunday sales application -from Charlie Rae, Inc., d/b/a BONFIRE. Charlie Rae, Inc. intends to open a restaurant named BONFIRE by Axels at the former Video Update building located at 1555 Cliff Road in the Thomas Lake Center area BONFIRE restaurant is a 4500 square foot building that will seat 190 people and employ up to 80. Food will be available 7 days a week from 11:00 am. to 11:00 p.m. According to the owners, the bar area will be in the center of the restaurant and visible to most of the dining areas. The bar will seat approximately 40 people and will have numerous t.v.'s available for entertainment. Charlie Rae, Inc. is owned by Linda Young and her husband, Charles Young, both of Eagan. A third partner in the corporation is Charlie Burrows of Inver Grove Heights. Charlie Rae, Inc. owns and manages the three Axels restaurants located in Mendota, Chanhassen and Loretto, Minnesota I have conducted an investigation regarding criminal activity on the three investors, including any calls for service that would effect a liquor license status at any of their other restaurants. I have found no negative activity or information. The location of the application does meet the criteria set forth in City Code regarding on-sale liquor at a restaurant. Based on the findings of this investigation, I find no reason to deny the applicant an on-sale liquor license, including Sunday liquor sales. a Z- I S L Iv A p~ ~S CITY OF EAGAN 3830 Pilot Knob Road C, Eagan, MN 55122 J y~ ` 1 (60%, 6814600 APPLICATION FOR ON SALE LIQUOR LICENSE EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. If this is a first application attach a copy of the articles of incorporation and by-laws. Applicants ,Name (Business, Partnership, Corporation) Trade Name or BA r . Business Address Business Phone Applicants Home Phone cG51 i!~~ ~~Ur t' City r County state Zip Code .JU✓1 Name of Restaurant Manager Manager DOB License period From: To: If a corporation,give nome,tdie,address,phone numbers and date of birth of each officer. If a partnership,give name, address,phone number and date of birth of each partner. Partner/Officer Full Name and Title h o a ov n- Z Address Business Phone Home Phone OB ~r - ~I ~-1o ps a 33 ~d ~ i q^ ~fi k Partner/Officer Full Name a d rtle r S -~I-~~5 • 1:751 ~8~k~ C It Address Business Phone Home Phone DOB i~05 s~l0 dada- k (Ps) Zed ~d~~ Partner/Officer Full Name and Title Address Business Phone Home Phone DOB LICENSE TYPE: ON-SALE RESTAURANT ON-SALE HOTEL ON-SALE CLUB _ A.Amount floor area Amount floor area/ Amount floor area/ dining room(s) dining room(s) Number seating Seating/dining room(s) Seating/dining room Hours food available Hours food available Hours food available Number employees Number of guestrooms FOR CLUB LICENSE ONLY: Date of Incorporation: Purpose of Club: Number of members: Officers.Board of Directors, Manecer: Full Name Address DOB Full Name Address DOB Full Name Address DOB I 1 1 during the past year has a summons been issued under the Liquor Civil Liability Law MS 304A.802? Yes ~c No If yes, attach summons copy. Has Applicant or any of the Associates been convicted during the past five years of any violation of federal, state or local liquor law? Yes _~L_ No If yes, give dates and details. Are any taxes,assessments or utility bills for the premises unpaid or deliquent? Yes No If yes, give reasons. Have you ever had a license suspended or revoked? Yes No if yes, give dates and reasons for action. What vendor of amusement devices will have machines on the premises? ho Name of vendor Address * of Machines D e s c r i b e p r o p o s e d entertainment: CUMENTATION: Provide two copies of Articles of Incorporation for each corporation with financial involvement. Provide financial statement of net worth for all principals who have at least five percent (5%) interest in the business, partnership or corporation. The statement must be prepared by a CPA. Complete a general information form for each business, partnership or corporation. Complete a personal information form for each person who has a five percent (5%) interest in the business, partnership or corporation. Provide a Certificate of Search from the U.S. District Court for any pending civil or criminal action. L, rovide Certificate of Insurance covering liquor liabilit Date Ap 'cant Subscribed and sworn to before me this day of oZaa r Notary Notary Pubic ~~Co Count -s I- AfE31% JJUE E. WNDRA My oorrxnission expires: ArIv. CrEff NOrTARYPUNA-MlININ ETA TQW My Cae *ft B"n in. J1, 2005 .j POLICE DEPARTMENT REPORT Comments: 4 *7 T~c~1vC YA91- 0 U Date Department Title , ignature f*pr50,J ~ J TRADE NAME OF PROPOSED BUSINESS STATEMENT OF PLANNED OPENING INVESTMENT FOR PROPOSED BUSINESS (MADE A PART OF LICENSE APPLICATION DATED '10-) INTENDED USE OF FUNDS FROM OPENING INVESTMENT AND OTHER SOURCES LISTED BELOW ROUND OFF TO NEAREST HUNDRED DOLLARS OPERATING CAPITAL FOR DAILY NEEDS-SUCH AS, BUT NOT LIMITED TO THE OPENING CHECKING ACCOUNT BALANCE, CASH REGISTER CHANGE, SUFFICIENT MONEY TO CARRY AN AVERAGE AMOUNT OF ACCOUNTS RECEIVABLE OF CREDIT IS EXTENDED TO CUSTOMERS). INSURANCE-RENT AND OTHER EXPENSE WHICH MUST BE PAID IN ADVANCE ! MERCHANDISE FOR RESALE (STOCK IN TRADE) BUSINESS PROPERTY LAND AND BUILDINGS USED FOR THE BUSINESS (Enter zero, N rented) EQUIPMENT AND OTHER FURNISHINGS OTHER USES OF FUNDS, IF ANY (Describe each) TOTAL REQUIREMENTS $ SOURCES OF FUNDS TO PROVIDE FOR BUSINESS REQUIREMENTS ABOVE INDEBTEDNESS OWED TO THE SELLER IF APPLICANT PURCHASES AN EXISTING BUSINESS WITH THE SELLER FINANCING PART OF THE PRICE AFTER THE CLOSING DATE S LOANS FROM FINANCIAL INSTITUTIONS-BANKS AND OTHER SUCH LENDERS............ LOANS FROM RELATIVES t 1 LOANS FROM OTHER INDIVIDUALS THESE TOTALS MUST EQUAL OTHER OUTSIDE SOURCES, IF ANY (Describe each) EACH OTHER 1 » . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OPENING INVESTMENT BY OWNERS (Answer only one Nne of the three lines immediately below) OWNERSHIP BY ONLY ONE INDIVIDUAL (SOLE PROPRIETORSHIP) Opening brvestment by that one person OWNERSHIP BY TWO OR MORE INDIVIDUALS (PARTNERSHIP) Opening htvestment by Iff of the partners OWNERSHIP BY A CORPORATION Opening Investment paid to the Corporation by the stockholders for tM capital stock Issued to them and for added capital contributed, It any TOTAL OPENING INVESTMENT AND OTHER SOURCES ti 1 1 Certification of an On Sale and/or Sunday Liquor License Page 1 of 2 Minnesota Department Of Public Safety r`~~„'• ALCOHOL AND GAMBLING ENFORCEMENT 444 Cedar Street - Suite 133 St. Paul, MN 55101-5133 Y 1' ' (651)296-6439 TDD (651)282-6555 CERTIFICATION OF AN ON SALE AND/OR SUNDAY LIQUOR LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by Alcohol & Gambling Enforcement Workers Compensation Insurance Company f~C C I r15Ur'1 h~ Policy # LICENSEE'S SALES & USE TAX ID# 'Lra9 - 95~ To apply for sales tax number, call 296-6181 or 1- 800-657-3777 - - - - - - ISSUING AUTHORITY CITY OF: COUNTY OF: i1 „ 1 ^ Licensee Name (Corporation, Partnership, Individual) DOB Trade Name or DBA &rite, e)e.1hC . ED M 41f Business Address City Zip Code 55 dtpp E~ ')9/7.2- License Type (Check one or both) License eriod County Sale unday From To ((/C-*/C~ 12/31/01 On Sale On Sale License Number Fee Sunday License Number Sunday Fee Business Phone ONS Z'1 CDA. 2-1 It oc~ 5-3> S?•bblp y6Go - If a partnership, state the name and address of each partner; if a corporation, state the name and address of each officer. Partner/Officer Name (First, middle and last) DOB Title Address 33(05~tl~s D~ a R-Lorig Il1z anM>' Partner/Officer Name (First, middle and last) DOB Title i dd7sue/' gIaA1Q k 1k O.WrIes A - 3jykpos %7 fQ r 1[714. Mnl Partner/Officer Name (First, middle and last) DOB Title Address The Licensee must have one f the following: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM) http://www.dps.state.mn.us/alcgamb/alcenf/fonns/sundayliq.htin 7/26/2001 1 Certification of an On Sale and/or Sunday Liquor License Page 2 of 2 Check One: A. Liquor Liability Insurance (Dram Shop) - $50,000 per person; $100,000 more than on person; $10,000 roperty Destruction. $50,000 and $100,000 for loss of means of support. B. A bond of a surety company with minimum coverage as specified above in A. _ C. A certificate from the State Treasurer that the licensee has deposited with the State, Trust Funds having a market value of $100,000 in cash or securities. _ Yes No During the past license year has a summons been issued under the Liquor Civil Liability Law (Dram Shop)? If yes, attach a copy of the summons. Check those it t lthose it t 1 Circle one Transaction Type New _ Revoke/Cancel Suspend / Revoke / Cancelled Transfer Suspension From To Transfer of ownership from (Name and Address) I certify that this license was approved in an official meeting by the governing body of the city or county. City Clerk's Signature Date IMPORTANT NOTICE All retail liquor licensees must have a current Federal Special Occupational Stamp. This stamp is issued by the Bureau of Alcohol, Tobacco and Firearms. For Information, call (612) 290-3496 PS 9011-94 N Return to Alcohol Enforcement Home Page 161 Return to Public Safety Home Page http://www.dps.state.mn.us/alcgamb/alcenUforms/sundayliq.htm 7/26/2001 I 1 Page 1 of 2 8/00 Mihnesota Lawful Gambling or oa Use Only LG220 - Application for Exempt Permit Fee - $25 Fee Paid Organization Information Check No. Or ization name Previous lawful gambling exemption number k-k I CCZhA 0Ck SjAb 0 - 7J 3Q c~s Street City State/Zip Code County 3356Dn.vL IMN 551ai iota Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO mw2c~ ((D50 Name of tre surer Daytime phone number of First name Last name treasurer: Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal Religious ❑ Veteran ❑ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization ;E( Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Icy-rth~ \,1 S h4 Address (do not use PO box) City State/Zip Code County CVO- " « D, *it IMN ► a Date(s) of activity (for raffles, indicate the date of the drawing) cj,,-n\,tav- aLP, a Check the box or boxes th dicate the type of gam ling activity your organization will be conducting: ❑ -Bingo Raffles ❑ -Paddlewheels ❑-Pull-Tabs ❑-Tipboards -Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's the following: Board members, staff of the alternative format (i.e. large print, Braille) name and address will be public information Board whose work assignment requires upon request. The information requested when received by the Board. All the other that they have access to the information; on this form (and any attachments) will be information that you provide will be private the Minnesota Department of Public Safety; used by the Gambling Control Board data about you until the Board issues your the Minnesota Attorney General; the (Board) to determine your qualifications to permit. When the Board issues your Minnesota Commissioners of be involved in lawful gambling activities in permit, all of the information that you have Administration, Finance, and Revenue; the Minnesota.. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Auditor, national and supply the information requested; however, applying foryour permit will become public. international gambling regulatory agencies; if you refuse to supply this information, the If the Board does not issue you a permit, anyone pursuant to court order; other Board may not be able to determine your all the information you have provided in the individuals and agencies that are qualifications and, as a consequence, may process of applying for a permit remains specifically authorized by state or federal refuse to issue you a permit. If you supply private, with the exception of your name law to have access to the information; the information requested, the Board will and your organization's name and address individuals and agencies for which law or be able to process your application. which will remain public. legal order authorizes a new use or sharing Private data about you are available only to of information after this Notice was given; and anyone with your consent. r 1 pplication for Exempt Permit - LG220 Page 2 of 2 ' sroo irg anization Name o. rt 1~ss ~,1 ~~h~Dh~ rd Ldz t ok1 - scV\O ck, Local Unit of Government Acknowledgment If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. ❑ The city approves the application with no ❑ The county approves the application with no waiting period. waiting period. The city approves the application with a 30 day The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). The city denies the application. The county denies the application. . Print name of city O 11 Print name of county MA~ 'q~CL4 l✓Y lti/ l receiving application) (Signature of county personnel receiving application) (Signatu a of city perso e Title Title Date Date/ / TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Tale Date Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief executive officers signatur Name (please print) Date 1_/ 01~5 / 0 ) Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, If your application has not • a copy of your proof of nonprofit status, and been acknowledged by the • a $25 application fee (make check payable to "State of Minnesota"). local unit of government or Application fees are not prorated, refundable, or transferable. has been denied, do not Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. Roseville, MN 55113 i 1