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04/16/2002 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING APRIL 16, 2002 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS Da A. Volunteer Appreciation - City Commission/Committee Members IV. CONSENT AGENDA f33M. r 3YN. 0 O. P. Q T SaV. W. APPROVE MINUTES PERSONNEL ITEMS RATIFY Check Registers for April 4, 2002 and April 11, 2002 APPROVE Space Day Proclamation APPROVE New Kennel License for Four Paws Pet Resort APPROVE Extension for Recording Conditional Use Permit for Qwest Wireless Services APPROVE 2002-2007 Parks and Recreation CIP RECEIVE Bids/Award Contract for Moonshine Park APPROVE Arbor Day Proclamation RENEW Contract with Lifeworks Services, Inc. SET Saturday, May 18, 2002 at 10:00 a.m., Eagan Maintenance Facility, 3501 Coachman Road as the date and location for the 2002 City Auction. APPROVE Easement Agreement for Project 751 R, Hamilton Property (Dodd Road - Street & Utility Improvements) APPROVE Easement Agreement for Project 751R, Meszaros Property (Dodd Road - Street & Utility Improvements) RECEIVE Bids/Award Contract, Contract 02-10 (Dodd Road, Diffley Road to Wescott Road - Street & Utility Improvements) APPROVE Contracts - Consulting Engineering Services APPROVE Change Order No. 1 for Contract 01-12 (July 2000 Storm Mitigation Improvements) APPROVE Blue Cross Blue Shield Draft AUAR for Distribution AWARD Selected Vendors for Community Center APPROVE Funding Options for Storm Mitigation APPROVE Commercial Fertilizer License Renewal AUTHORIZE SRF to Proceed with Plans and Specifications for Streetscaping APPROVE Easement Agreement for Project 751R, Neisius Property (Dodd Road - Street & Utility Improvements) APPROVE Proclamation - National Day of Prayer - May 2, 2002 V. 6:30 - PUBLIC HEARINGS SO A. VARIANCE, DAKOTA COUNTY. A Variance request to allow an 85 foot building setback from P Schulz Lake (a natural development water) to construct a new Visitor Center and Trailhead located on Parcel ID #10-03500-010-01 in the NE '/4 of the NE '/4 of Section 35. B. PROJECT 858, Sibley Terminal Industrial Park (Storm Sewer Improvements) (Continued from 3-4-02 meeting. VI. OLD BUSINESS 9 A. Ordinance Amendment - Chapter 4, Section 4.32 - Sediment and Erosion Control P VII. NEW BUSINESS P13 A. REZONING AND PRELIMINARY SUBDIVISION - RHB, INC. A Rezoning of approximately 2.5 acres from R- 1, Single family to PD (Planned Development) and a Preliminary Subdivision (Woodgate Cove) to create eight lots and two Outlots for property located on the west side of Woodgate Lane between Woodgate Court and Drake Drive in the SE of Section 29, P JB. COMPREHENSIVE GUIDE PLAN AMENDMENT - MARK GERGEN & ASSOCIATES. A Comprehensive Guide Plan Amendment to amend the land use designation of approximately 3.30 acres from RC-Retail Commercial to MD-Medium Density Residential (4-12 units/acres) for property located between Blackhawk Road and 35E, north of Diffley Road behind ?] Blackhawk Plaza in the SE'/4 of Section 31. /3 / C. PRECINCT BOUNDARIES AND POLLING LOCATIONS / Legislative Redistricting. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. ADJOURNMENT XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. 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. * This agenda is subject to change. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 12, 2002 SUBJECT: AGENDA INFORMATION FOR APRIL 16, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 16, 2002 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 16, 2002 Eagan City Council Meeting III. RECOGNITIONS AND PRESENTATIONS A. VOLUNTEER APPRECIATION - CITY COMMISSION/COMMITTEE MEMBERS ACTION TO BE CONSIDERED: • To present a resolution declaring April 22 through April 28 National Volunteer Recognition week and thank the many Eagan volunteers, including Eagan's commission members, for their dedication to the City of Eagan. FACTS: • At the Special City Council workshop on April 9, the City Council expressed their gratitude for the many volunteers that thoughtfully give of their time to the City of Eagan. • At the direction of the City Council, the City will host a picnic to recognize Eagan's commission members and their families on June 6, 2002 at Blackhawk Park. • A resolution has been prepared to proclaim April 22 through April 28, 2002 as Eagan Volunteer Recognition Week. ATTACHMENTS: • Attached on page 3 is a copy of the resolution proclaiming Eagan Volunteer Recognition Week. 0 RESOLUTION CITY OF EAGAN THE PROCLAMATION of EAGAN VOLUNTEER RECOGNITION WEEK WHEREAS, the City of Eagan enjoys the contributions of numerous volunteers in the completion of its work on behalf of the Eagan City Council and all of its residents; and WHEREAS, volunteerism is at the heart of the democratic process and exemplifies the ideals of self-reliance and self-sufficiency on behalf of communities; and WHEREAS, April 22 through April 28, 2002 has been declared National Volunteer Recognition week; NOW, THEREFORE, BE IT RESOLVED that the week of April 22 through April 28, 2002 be proclaimed Eagan Volunteer Recognition Week; and BE IT FURTHER RESOLVED that Mayor and City Council express their gratitude to all Eagan volunteers and urge all citizens to become active in the support of their community and its various activities and organizations through volunteer services. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Motion made by: Seconded by: Those in favor: Those against: Dated: Its Clerk CERTIFICATION I, Maria Karels, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 16th day of April, 2002. Maria Karels, City Clerk 3 Agenda Information Memo April 16, 2002 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 April 2, 2002 regular City Council meeting and the April 2, 2002 Listening Session as presented or modified. ATTACHMENTS: • Minutes of the April 2, 2002 regular City Council meeting are enclosed on pages through A-. • Minutes of the April 2, 2002 Listening Session are enclosed on page /. ?f MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL DRAFT Eagan, Minnesota April 2, 2002 A regular meeting of the Eagan City Council was held on Tuesday, April 2, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges suggested that item 0 of the Consent Agenda regarding Project 866 be consolidated with item A under Public Hearings. He also announced that item C under New Business regarding a conditional use permit request by Robert Mueller will be continued. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the March 19, 2002 regular City Council minutes. B. Personnel Items. 1. It was recommended to approve the hiring of Benjamin Koenke and Bryan Seppamaki as seasonal park maintenance workers. 2. It was recommended to approve the hiring of Jenna Schardt, Emily Jensen, Taylor Shonka, Blair Smith, Jill Woefel, Lisa Kleinschmidt and Taylor Lamski as part-time seasonal pool attendants for Cascade Bay. 3. It was recommended to accept the letter of resignation from Paul Wegner, utility maintenance worker. C. Ratify Check Registers. It was recommended to ratify the check registers dated March 21, 2002 and March 28, 2002 as presented. D. YMCA of Greater St. Paul Revenue Bonds. It was recommended to approve the resolution calling for a May 7 public hearing regarding the issuance of revenue bonds for the YMCA of Treater St. Paul under Minnesota Statutes Chapter 462C. E. Certification of Delinquent Utility Bills. It was recommended to schedule a public hearing for May 7, 2002 for certification of delinquent utility bills. F. 2002 Commercial Fertilizer License Renewals. It was recommended to approve 2002 Commercial Fertilizer license Renewals for B&D Lawn and Tree Care and Minnesota Turf Care. G. Tree Contractor License. It was recommended to approve a new Tree Contractor License for B&D Law and Tree Care. H. Mobile and Portable Radios. It was recommended to award contracts to the low bidders for mobile and portable radios for the city-wide radio system upgrade. 1. Contract 02-10. It was recommended to modify the bid date for Contract 01-10 (Dodd Road - Diffley Road to Wescott Road Street & Utility Improvements), from Thursday, March 28, 2002, to Thursday, April 11, 2002. J. Municipal State Aid Route Designation. It was recommended to approve a resolution requesting the Commissioner of Transportation's approval of the designation of O'Neil Drive on the Municipal State Aid (MSA) system. K. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) with the owners of Parcel 10-03600-027-25 (4625 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. L. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) with the owner of Parcel 10-83500-020-01 (671 Waterview Cove) and authorize the Mayor and City Clerk to execute all related documents. M. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) with the owners of Parcel 10-20900-010-02 (4822 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. N. Project 813. It was recommended to receive the Feasibility Report for Project 813 (Central Parkway - Streetscaping) and schedule a public hearing to be held May 7, 2002. 0. Combined with Project 800R under Public Hearings) Project 866. It was recommended to receive the design Study Report for Project 866 (Cedar Grove - Streetscaping and Lighting) and combine the public hearing with Project 800R later on this agenda. so, Eagan City Council Meeting Minutes April 2, 2002 Page 2 DRAFT P. Contract 02-09. It was recommended to approve the plans for Contract 02-09 (Central Parkway - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 2, 2002. Q. Contract 02-12. It was recommended to receive the bids for Contract 02-12 (Cedar Grove Redevelopment Area - Building Demolition / Removal), award the contract to Kevitt Excavating for the base bid in the amount of $25,350 and authorize the Mayor and City Clerk to execute all related documents. R. Project 861. It was recommended to approve a Trail Construction Agreement for Project 861, Cliff Road (2002 City-wide Trail Improvements) with the City of Burnsville and Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. S. Proclamation. It was recommended to proclaim Friday, April 12, 2002 as Burnsville / Eagan Community Television Volunteer Appreciation Day. T. Change Order. It was recommended to approve Change Order #1, Eagan Community Center. U. Certification for Clean - Un. It was recommended to schedule a public hearing for May 7, 2002 for Certification for Clean-Up at 4391 Garden Trail. V. Final Subdivision. It was recommended to approve a Final Subdivision to create 64 single family lots (Oakbrooke 6' Addition) on 32.6 acres located between Deerwood Drive and Diffley Road and east of Interstate 35E in the SW '/, of Section 21. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 800R, CEDAR GROVE ACCESS MODIFICATIONS STREET INTERSECTION RECONFIGURATION PROJECT 866 - CEDAR GROVE STREETSCAPING City Administrator Hedges introduced this item regarding street intersection reconfiguration and access modifications for the Cedar Grove area along with streetscaping in the Cedar Grove area. Public Works Director Tom Colbert introduced Jim Dvorak of SRF Consulting Group who made a presentation regarding the access modifications and street intersection reconfiguration under Project 800R. John Larson of SRF made a presentation regarding Cedar Grove streetscaping Project 866. Public Works Director Colbert discussed the consolidation of several projects in the area to identify the overall costs of the improvements. Mayor Awada opened the public hearing. Ten residents spoke expressing their concerns regarding the following: • More precise information on assessments • Clarification of "redevelopment" • Alignment of Cedarvale Boulevard • Future improvement of Highway 13 and streetscaping plan • Deletion of certain properties from the redevelopment district • Name change for Beau D'Rue Drive • Pending assessments vs. value of property There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Mayor Awada, Councilmembers and Staff addressed the questions and concerns of the residents. Mayor Awada and Councilmembers then discussed 4/7 Eagan City Council Meeting Minutes April 2, 2002 Page 3 DRAFT the proposed upgrade to Highway 13 and possible funding from MNDOT. It was the consensus of the Council to postpone consideration of the dual left turn lanes on Highway 13 for a year. Mayor Awada moved, Councilmember Tilley seconded a motion to receive the Design Study Report for Project 866 (Cedar Grove - Streetscaping) Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Fields seconded a motion to approve Project 800R (Cedar Grove Access Modifications - Street Intersection Reconfiguration) including local streets and utilities plus the Streetscaping, but deleting the six lane expansion and the dual left turn lanes on Highway 13, and authorize the preparation of detailed final plans and specifications, and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Aye: 5 Nay: 0 It was noted that this would reduce the pending assessable costs to $3,189,600. Mayor Awada moved, Councilmember Bakken seconded a motion to direct staff to bring back the Highway 13 dual left turn lane issue in the fall of 2002. Aye: 5 Nay: 0 OAKBROOKE 5TH ADDITION (LOTS I & 2, BLOCK 3) EASEMENT VACATION AND FINAL PLAT (OAKBROOKE 7TH ADDITION) - HEDLUND ENGINEERING City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement within Lots 1 and 2, Block 3, Oakbrooke 5" Addition and a final plat to reconfigure the interior property line between Lots 2 and 3, Block 1, Oakbrooke 5' Addition. 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 Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the vacation of public drainage and utility easements within Lots 1 and 2, Block 3, Oakbrooke 5`h Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a final plat to reconfigure the interior property line between Lots 2 and 3, Block 1, Oakbrooke 5t' Addition (Oakbrooke 7' Addition) located in the SW 1/4 of Section 21. Aye: 5 Nay: 0 OLD BUSINESS PENALTY HEARING - SUSPENSION OF LIQUOR LICENSE FOR CROWNE PLAZA HOTEL City Administrator Hedges discussed this item regarding the civil penalty to be imposed and the length of suspension of a liquor license for the Crowne Plaza Hotel for failed compliance checks. Councilmember Fields stated she had concerns over the short term suspension in light of the consistency of the violations. 7 Eagan City Council Meeting Minutes April 2, 2002 Page 4 DRAFT Mayor Awada stated she felt that losing a liquor license for any amount of time is a huge loss and supports the seven day suspension. If there is another occurrence, the suspension could be imposed for a longer length of time. Councilmember Tilley stated she felt the seven day suspension is very minor given there have been four offenses. She suggested the current policy be reviewed at a future workshop. Mayor Awada moved, Councilmember Carlson seconded a motion to approve a resolution accepting the Administrative Hearing Officer's report and impose a civil penalty of $1,000 and impose a seven day suspension of the liquor license of the Crowne Plaza Hotel beginning May 22 through May 28, 2002. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to notify all holders of liquor licenses of the policy of the City and review the liquor license issue at a future Council workshop. Aye: 5 Nay: 0 Bakken made a friendly amendment that a copy of the related ordinance be included with liquor license renewals. JOINT POWERS AGREEMENT EAGAN CONVENTION AND VISITORS BUREAU - CITY OF EAGAN City Administrator Hedges discussed this item regarding a joint powers agreement between the City of Eagan and the Eagan Convention and Visitors Bureau. He reviewed proposed changes to the agreement. Councilmembers discussed a request by the ECVB to allow two representative spots to be filled by the hotel industry rather than the airlines. Councilmembers agreed to leave the number of board members as is for this year and review again in a year. Councilmember Carlson moved, Councilmember Fields seconded a motion to adopt a Joint Powers Agreement between the City of Eagan and the Eagan Convention and Visitors Bureau. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Policy Agreement for Operational Issues with the City of Eagan and the Eagan Convention and Visitors Bureau. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Bakken seconded a motion to appoint Mayor Awada , Councilmember Carlson, and City Administrator Hedges to serve on the Board for the ECVB. Aye: 5 Nay: 0 ORDINANCE AMENDMENT (SIGN CODE) CITY OF EAGAN City Administrator Hedges discussed this item regarding an amendment to Chapter 4.20 of the Eagan City Code in relation to the placement, erection, and maintenance of signs. Senior Planner Ridley gave a staff report. Roger Lervick, of Northern Power Products, discussed the proposed language in the ordinance amendment. He discussed a proposed signage plan for his business. Mayor Awada moved, Councilmember Fields seconded a motion to approve an Amendment to Chapter 4.20 (Placement, Erection, Maintenance of Signs) of the City Code relating to business and product sign definitions, and building-mounted sign standards. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT (ROCCO AND DIANNE ALTOBELLI) City Administrator Hedges introduced this item regarding the request for a conditional use permit to allow the floor area of an attached accessory use to exceed 1,100 square feet on property located at 1300 Deerwood Drive. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes April 2, 2002 Page 5 DRAFT Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow the floor area of an attached accessory use to exceed 1,100 square feet on property located at 1300 Deerwood Drive (Lot 2, Block 1, Altobelli Addition) in the SW '/4 of Section 22, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. Total area of the attached accessory use shall not exceed 1,613 square feet. 3. No commercial operation or home occupation shall be permitted in any accessory structure on the property. 4. The accessory structure shall meet all other Zoning Ordinance requirements. INTERIM USE PERMIT - STEININGER RECYCLE, INC. City Administrator Hedges introduced this item regarding the request to allow the continued operation of the existing concrete recycling facility on property located at the southwest corner of Yankee Doodle Road and Highway 149. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow the continued operation of the existing concrete recycling facility on property located at the southwest corner of Yankee Doodle Road and Highway 149, in the north %2 of Section 13, subject to the following conditions: Aye: 5 Nay: 0 1. The permit shall be recorded with Dakota County within 60 days of Council action and terminate May 2, 2004 2. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. Dust control procedures shall be utilized. 4. The hours of operation shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 5. The operation shall be in compliance with all applicable State and local regulations. 6. In the event that the permit is terminated or not renewed, all materials and equipment shall be removed from the site within 90 days. 7. No mining shall be allowed on the property. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT MAGNUM DEVELOPMENT City Administrator Hedges introduced this item regarding a Planned Development Amendment and Final Planned Development to allow an in-line retail center with a Class II restaurant with drive-through service, possible on-sale liquor, and a pylon sign to be located at 2040 Cliff Road. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Mayor Awada seconded a motion to approve a Planned Development Amendment and Final Planned Development to allow an in-line retail center with a Class II restaurant with drive- through service, possible on-sale liquor, and a pylon sign for Lot 1, Block 1, Hadler Park, located at 2040 Cliff Road in the NE '/, of Section 31, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: • Final Site/Signage Plan • Final Building Elevations/Signage Plan • Final Landscape Plan 9 Eagan City Council Meeting Minutes April 2, 2002 Page 6 DRAFT • Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. The applicant shall provide evidence of private ingress/egress agreements for review by the City Attorney, prior to the issuance of a building permit for this development. 5. Rooftop mechanical equipment shall not be visible from the street or off the property. 6. Trash enclosures shall be attached to the principal building and constructed consistent with City Code standards (i.e. six to ten feet in height, materials that match the principal building, gates or doors that are at least 90% opaque for screening, etc.) 7. A two to three foot berm shall be provided along the front of the parking lot adjacent to Cliff Road. The final landscape plans shall incorporate additional plant materials to screen the parking lot from Cliff Road. A different species or different plant selection shall be substituted for the 13 spruce trees located along the west side of the property. 8. One pylon sign shall be allowed west of the driveway access to Cliff Road. 9. The final site plan and signage plans shall show the locations of the menu board and other drive- through signs on the site and on the building. 10. Site lighting shall match the site lighting of existing developments within the Hadler Park PD and shall utilize shoebox fixtures and be painted brown. All site lighting shall be shielded and directed downward such that the source of light is not directly visible from off the property. 11. No outdoor display, or storage, shall be allowed. 12. No outdoor loudspeaker advertising shall be allowed. 13. This development is responsible for cash park and trails dedication payable at the time of building permit issuance at the rates then in effect. 14. Pylon signage shall not exceed 18 feet in height. 15. Building signage shall be limited to the north and east building elevations and meet sign ordinance requirements. PLANNED DEVELOPMENT AMENDMENT - COLLIERS TOWLE REAL ESTATE City Administrator Hedges introduced this item regarding a planned development amendment to increase the length of allowable building signage on the multi-tenant retail building located at 3090 Courthouse Lane. Senior Planner Ridley gave a staff report. The applicant made a presentation regarding the requested amendment. Mayor Awada moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to increase the length of allowable building signage on the multi-tenant retail building on the west elevation only, located at 3090 Courthouse Lane, legally described as Lot 2, Block 2, Oakview Center, in the NW '/4 of Section 12 subject to the following conditions: Aye: 5 Nay: 0 1. An amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. 2. Building signage shall be allowed on the west elevation for each tenant in the amount of 70% of the lineal building frontage occupied by the tenant. These signs shall not exceed three feet in height. 3. All wall signage shall be individual backlit letters. Councilmember Bakken moved, Councilmember Carlson seconded a motion to reconsider signage on the east side of the building. Aye: 5 Nay: 0 The applicant stated he waived his right to the 60 day rule. Councilmember Bakken moved, Councilmember Carlson seconded a motion to send the issue of signage on the east side of the multi-tenant retail building located at 3090 Courthouse Lane back to the Advisory Planning Commission for review and recommendation. Aye: 5 Nay: 0 /12 Eagan City Council Meeting Minutes DR A F T April 2, 2002 Page 7 PLANNED DEVELOPMETN AMENDMENT MFC PROPERTIES CORPORATION City Administrator Hedges introduced this item regarding a planned development amendment to relocate an existing pylon sign on property located 3420 -3450 Denmark Avenue. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to relocate an existing pylon sign on property located at 3420-3450 Denmark Avenue (Lot 1, Block 1, Town Centre 100 6' Addition) in the NW '/4 of Section 15, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall submit a revised Sign Agreement exhibit depicting all existing sign locations prior to the issuance of a permit for the sign. 2. The pylon sign shall maintain the required 10-foot setback from the property line abutting Denmark Avenue. 3. The existing pylon sign shall be removed prior to the permit issuance for the new sign. 4. Screening shall be installed at the base of the sign. 5. The pylon sign shall be relocated in a manner to preserve one or two of the existing Sugar Maple trees. REVIEW WINTER TRAIL MAINTENANCE PLAN City Administrator Hedges introduced this item regarding maintenance of the City's trail system. Public Works Director Colbert gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the following requests to the current Winter Trail Maintenance Plan for 2002-2003. Aye: 5 Nay: 0 • North side of Northview Park Road from Northridge Drive east to Braddock Trail • North side of Red Pine Lane east of State Highway 3 to Red Pine School crossing • East side of the new Dodd Road improvement south of Cliff Road • West side of the new Dodd Road improvement south of Cliff Road • South side of the new Carol Street improvement between Dodd Road and State Highway 3 • West side of Lexington Avenue (County Road 43) between Clubview Drive an Yankee Doodle Road (County Road 28) ADJOURNMENT The meeting adjourned at 11:20 p.m. into an Executive Session to discuss labor relations regarding Police Sergeants and Police Officers unions and a recent summons complaint from property owners on Blue Gentian Road. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 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 employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL DRAFT APRIL 2, 2002 6:00 P.M. The Eagan City Council held a Listening Session on April 2, 2002 at 6:00 p.m. Lynn Carlson expressed concern to the Council that she was not notified by the City of an issue regarding an easement on her property. Councilmembers and staff apologized to Ms. Carlson for the oversight. Several residents were present expressing their concern over the issue of strollers not being allowed in Cascade Bay. Council agreed to review the matter at the April 9, 2002 Council workshop. Lorin Florin, representing the "Friends of Patrick Eagan Park" discussed a grant that has been applied for and a survey of Dakota County residents. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary / Deputy City Clerk /02 Agenda Information Memo April 16, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Volunteer Firefighter-- ACTION TO BE CONSIDERED: To approve the hiring of Sean Smith as a Volunteer Firefighter. Item 2. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Anthony Casalenda and Jon Steining as seasonal park maintenance workers. Item 3. Part-time Seasonal Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Dan Vogel and Cass Pfender as part-time seasonal lifeguards for Cascade Bay. Item 4. Part-time Seasonal Guest Relations Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Megan Lindwall, Lindsay Howe, Stephanie Doerfler, Elise Cirelli and Alex Phillips as part-time seasonal guest relations workers for Cascade Bay. Item 5. Part-time Seasonal Pool Attendant/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Ben Millmann, Anne Weston, Nick Csargo, Christine Nord, Kelly Craven and Paul Maloney as part-time seasonal lifeguards for Cascade Bay. Item 6. Part-time Seasonal Operations/Maintenance Worker/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Lori Jorgenson as part-time seasonal operations/maintenance worker for Cascade Bay. Item 7. Resignation/Building Inspector-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Jerold Frevel, Building Inspector. /3 Agenda Information Memo April 16, 2002 Eagan City Council Meeting Item 8. 2002 Cascade Bay Pay Scale-- ACTION TO BE CONSIDERED: To approve the 2002 pay scale for Cascade Bay. ATTACHMENTS: • 2002 Cascade Bay pay scale enclosed on page Ic, aooa Cascade Bay Pay Scale 1st ear 2nd year 3rd year 4th year 5th year Manager $ 12.00 $ 12.90 $ 13.87 $ 14.91 $ 16.03 1st year 2nd year 3rd year 4th year 5th year Service $ 6.50 $ 6.83 $ 7.24 $ 7.75 $ 8.22 Service S.L. $ 8.25 $ 8.66 $ 9.18 $ 9.82 $ 10.40 Attendant $ 6.50 $ 6.83 $ 7.24 $ 7.75 $ 8.22 Life Guard $ 7.60 $ 7.98 $ 8.46 $ 9.05 $ 9.59 Guard Inst. $ 9.24 $ 9.70 $ 10.28 $ 10.40 $ 11.02 ON $ 6.50 $ 6.83 $ 7.24 $ 7.75 $ 8.22 Agenda Information Memo April 16, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 4, 2002 and April 11, 2002 as presented. ATTACHMENTS: Check registers dated April 4, 2002 and April 11, 2002 are enclosed without page number. /60, AGENDA INFORMATION APRIL 16, 2002 CONSENT AGENDA: ITEM D: SPACE DAY PROCLAMATION ACTION TO BE CONSIDERED: Approve a proclamation declaring May 2, 2002 Space Day in the City of Eagan. FACTS: • Space Day is an educational outreach effort championed by Lockheed Martin Corporation to inspire students to study math, science and technology. • Lockheed Martin Tactical Systems has celebrated Space Day for the past five years. ATTACHEMENTS: • Letter from Lockheed Martinis attached as page number n. • Proclamation is attached as page number. /6 Lockheed Martin Tactical Systems Naval Electronics & Surveillance Systems P.O. Box 64525 St. Paul, MN 55164-0525 April 3, 2002 The Honorable Pat Awada 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Awada, LOCKHEED MARTIN I am writing this letter to ask your assistance in declaring May 2, 2002 Space Day in the city of Eagan. Space Day is a unique educational outreach effort championed by Lockheed Martin Corporation to inspire students to study math, science and technology. Space Day 2002 will focus youngsters' attention on expanding our scientific frontiers to Mars, one of Earth's nearest planetary neighbors. Lockheed Martin Tactical Systems has celebrated Space Day in a variety of ways for the past five years. To celebrate Space Day 2002, local Lockheed Martin Tactical Systems is working with schools and libraries to enrich learning and engage students through a variety of educational activities. A centerpiece to the Space Day program is the Student Signatures in Space (S) project giving elementary school students the opportunity to send their personal signatures into space. Lockheed Martin Corporation and NASA have partnered to present the S3 program. I hope that you will join Lockheed Martin in celebrating Space Day 2002 by signing the enclosed proclamation and returning it in the self-addressed envelope by April 18, 2002. Please feel free to contact meat 651-456-2210 with any questions you may have. I thank you for your attention and dedication in enriching educational programs and opportunities in Minnesota. Sincerely, Sheri T. Grone Director, Communications Lockheed Martin Tactical Systems /7 Mayoral Proclamation CITY OF EAGAN, MINNESOTA PROCLAMATION SPACE DAY, MAY 2, 2002 WHEREAS, Space Day is the culminating event of the year-round Embrace Space educational initiative, celebrating the extraordinary achievements, benefits and opportunities in the exploration and use of space; and WHEREAS, Space Day encourages people of all ages from around the globe to advance science, math and technology education, and to inspire future generations to continue the vision of our space pioneers; and WHEREAS, Space Day is an exciting time for all mankind as we stand at the threshold of a new age of space science and exploration, where the vision of our forefathers will become a reality through the hopes and dreams of our young people; and WHEREAS, the Embrace Space initiative is supported by more than 60 Partners representing a broad cross-section of educational, professional and trade associations, youth groups, corporations and space-related organizations; and WHEREAS, the City of Eagan will join with other organizations in celebrating Space Day through educating and communicating the excitement and importance of space in our lives. NOW, THEREFORE, I, Pat Awada, Mayor, do hereby proclaim May 2, 2002 as SPACE DAY in the City of Eagan. In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the City of Eagan to be affixed this day of 12002. Mayor /8 Agenda Information April 16, 2002 CONSENT AGENDA ITEM E. NEW KENNEL LICENSE FOR FOUR PAWS PET RESORT ACTION TO BE CONSIDERED: Approve new Kennel License for Four Paws Pet Resort, 4020 Old Sibley Memorial Highway. FACTS: • Staff has reviewed the kennel license application and deems it acceptable ATTACHMENT: • The application is attached as page C;&-. /9 X Application Fee ($100) City of Eagan Renewal ($50) 3830 Pilot Knob Rd. Eagan, MN 55122 681-4600 Fax: 681-4612 CITY OF EAGAN APPLICATION FOR KENNEL LICENSE License required where a total of four or more dogs are kept. Location must be in a zoning district where a kennel operation is allowed. Applicant DOB _I Resident Address Phone 7 Owner Name Owner Address Manager Name Manager Address Trade Name „7 Number of Acres at kennel location Zoning of Property Date Signature of Applicant The license is issued for a calendar year period (Jan.-Dec.). Fees are not prorated. ao Agenda Information Memo April 16, 2002 Eagan City Council F. EXTENSION FOR RECORDING CONDITIONAL USE PERMIT - QWEST WIRELESS SERVICES ACTION TO BE CONSIDERED: To approve an extension of time to record a Conditional Use Permit for Qwest Wireless Services for property located at 3665 Sibley Memorial Highway in the SW 'V4 of Section 17. FACTS: • The City Council approved the Conditional Use Permit on February 5, 2002, and it was required to be recorded within 60 days of approval. • The applicant is requesting an extension to allow an additional 90 days to record the CUP. The deadline for recording would then be July 5, 2002. • The property owner is now intending to remodel a portion of the building near the proposed tower, and Qwest has indicated that more time is needed in order to coordinate their tower plans and the owner's remodeling plans. • A letter from the applicant is attached. ATTACHMENTS: Letter from Qwest Wireless, page a/ Mar-28-02 17:50 From-QWESTST WIRELESS-MIDWAY 6516426942 T-567 P.02/03 F-393 MIN540 18 MW Qwest Ms. Pamela Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 March 28, 2002 RE- Conditional Use Permit Case No. 17-CU-17-12-0i 100' Monopole at La Fonda Restaurant. 3665 Sibley Memorial Highway, Erman Dear Ms. Dudziak; Thank you very much for your Email message of March 26th, 2002 responding to my inquiry on the status of subject CUP. As you're aware, Qwest Wireless has requested, and received, Planning Department approval for the relocation of our equipment boxes to an area within the dumpster enclosure to be constructed as a condition of the CUP (please see your attached letter of 3/6/02 which followed our meeting in your office). Since that meeting, we've been working with La Fonda's ownership to finalize our design/layout of the dumpster enclosure so as to comply with the City's Code and to accommodate La Fonda's needs and ours. Recently, we've been advised by La Fonda's that it is their desire to remodel that portion of the building immediately adjacent to the dumpster enclosure area Qwest will be constructing in order to comply with CUP requirement(s). As a result, greater coordination between Qwest Wireless' project and La Fonda's will be required as will the time needed to finalize plans for sboth. Therefore, and acknowledging that the CUP approval carried with it the condition that the CUP be recorded within 60 days, Qwest Wireless respectfully requests that the time for recording the CUP be extended for an additional ninety (90) days. Ms. Dudziak, please advise on the above request at your earliest possible convenience and kindly contact me directly if there are any questions. Your cooperation and assistance throughout this matter are very much appreciated. Sincerely, Tom Mulvey Real Estate L Qwest Wireless, L.L.C 426 North Fairview Avenue Suite 101 St. Paul, MN 55104 651-642-6527 (direct line) 612-272.0070(Call) 651-642-6942 (fax) Email. truulveycgwestcom ad Agenda Information Memo April 16, 2002 Eagan City Council Meeting G. APPROVE 2002-2007 PARKS AND RECREATION CIP ACTION TO BE CONSIDERED: APPROVE the 2002-2007 Parks and Recreation CIP. FACTS: • The Advisory Parks Commission completed the CIP process in March of 2002. • The CIP is reviewed annually and updated to include a five-year projection. • On February 13, the proposed CIP was submitted to the Finance Department for review and comment. • The current Park Site Fund balance is $3,038,000. • Staff projected future expenditures and estimated income to create an `end' balance for 2007. • The City Council reviewed this at their work session on April 9,2002 and provided direction to approve only the 2002 with the indication that "pending" should be attached to the Holz Farm Master plan and to North Park. • Direction was also provided to the APrC commission regarding future funding. ATTACHMENTS: • Parks and Recreation CIP 2002, page __ a3 2002 Parks & Recreation CIP Soccer Field Lighting $0 Moonshine Park Development $250,000 North Park Mitigation (from 2001- See North Park Total) $0 North Park Infrastructure (see North Park Total $0 Holz Farm Master Plan endi $30,000 Playground Replacement, Staters Acres and Lexington $60,000 Central Park Gazebo (per Council action) $50,000 Skate Park Relocation and Expansion $75,000 Bergin Acquisition $58,000 Lan straat Acquisition $58,000 Holz Farm Roof $30,000 North Park Total endin $575,000 2002 Total $1,186,000 dy Agenda Information Memo April 16, 2002 Eagan City Council Meeting H. RECEIVE BIDS/ AWARD CONTRACT 02-14, MOONSHINE PARK ACTION TO BE CONSIDERED: Recieve the bids for Contract 02-14- Moonshine Park, and award contract to Frattalone Paving for the base bid of $80,374.80. Also authorize the Mayor and City Cleik to execute all related documents. FACTS: • On February 5, 2002, Council approved plans and specifications and authorized bids for Moonshine Park. • The total estimated project cost of $250,000 is included in the approved Park Site Fund, CIP for the year 2002. • Bids were taken for improvements on Moonshine Park, including parking, trail, and site restoration. • At 10:00 a.m. on April 11, formal bids were received for this project. • All bids have been reviewed for compliance to bid specifications. • All bids have been reviewed for accuracy on unit prices & extensions. • The total base bid from Frattalone Paving is $80,374.80, with alternate bid of $13,500. • A copy of the bid summary is enclosed. ATTACHMENTS: • Bid Summary, Page a500' BID SUMMARY MOONSHINE PARK IMPROVEMENTS APRIL 11, 2002 CITY CONTRACT #02-14 CITY PROJECT #869 Base Bid Alternate 1. Frattalone Paving $ 80,374.00 $13,500.00 2. DMJ Corp. 86,954.00 13,560.00 3. Barber Construction 87,732.00 17,500.00 4. McNamara 91,614.80 12,800.00 5. Valley Paving 98,908.36 15,500.00 6. Bituminous Roadways 108,767.00 12,000.00 7. Jay Bros. Inc. 138,835.00 11,600.00 Apparent Low Bidder: Frattalone Paving $80,374.00 + 13,500 = $ 93,874.00 Engineer's Estimate including alternate: $125,000.00 a6 Agenda Information Memo April 16, 2002 Eagan City Council Meeting 1. APPROVE ARBOR DAY PROCLAMATION, MAY 4, 2002 ACTION TO BE CONSIDERED: To acknowledge Eagan as the recipient of the 2001 Tree City USA award and Growth Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 4 as Arbor Day and May, 2002 as Arbor Month in the City of Eagan. FACTS • Eagan has received the Tree City USA community designation from the National Arbor Day Foundation for the fourteenth consecutive year. Each year the Parks and Recreation Department conducts an Arbor Day program which includes participation in a tree planting project. This year the 16th annual event will be held at Rahn Athletic Park. • Recognition as a Tree City is based on efforts by the City to promote tree planting in the community and the resolution demonstrates that effort. • To become a Tree City, a community must meet four standards: a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance. • Eagan has demonstrated progress in the following forestry activities: Publications, parks and open space, and improved ordinance. • Eagan has also received the 2001 Growth Award, which recognizes commitment to the process of environmental improvement and higher levels of tree care. • The resolution was recommended for adoption by the Advisory Parks Commission. • Receiving these awards acknowledges the City's efforts to minimize environmental impact during developments, and adhere to policies such as "Forever Green," aimed to maintain and enhance Eagan's trees and foliage. Scheduled Arbor Day activities include: 8:30 - 9:00 Public arrival / social hour 9:00 - 9:15 Welcome and sharing of the Arbor Day schedule by City staff 9:15 - 9:45 Ceremonial Tree Installation (large tree spade) 9:45 - 11:45 Installation of shrubs and perennials near park building Completion of installation of tree spaded trees (soil aeration, mulching, and irrigation. 11:45 - 12:00 Arbor Day Program (City Officials) 12:00 - 12:30 Lunch served (outdoor grilled lunch prepared by City staff) ATTACHMENTS: a? • Eagan Arbor Day and Eagan Arbor Month resolution on page 2? as CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees are a most valuable resource in the State of Minnesota and City of Eagan - purifying our air and water, helping conserve our soil, serving as a recreational settings, providing habitat for wildlife for all kinds, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases and urban expansion have damaged and continue to threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the future of out City's urban forests; and WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees; and WHEREAS, The City of Eagan has been recognized as a Tree City USA community by the National Arbor Day Foundation since 1988 and desires to continue its tree-planting programs; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Saturday, May 4, 2002 to be ARBOR DAY and the month of May, 2002 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our community; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Deputy Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, M. McGarvey, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 16`h day of April, 2002. Deputy Clerk v 2 Agenda Information Memo April 16, 2002 Eagan City Council Meeting J. RENEW CONTRACT WITH LIFEWORKS SERVICES INC. ACTION TO BE CONSIDERED: Approve renewal of a one-year contract with Lifeworks Services Inc. for janitorial services in designated park buildings, and authorize the Mayor and City Clerk to sign the appropriate documents. FACTS: • Lifeworks provides unskilled employment opportunities for physically and mentally challenged adults. • The City of Eagan has contracted with Lifeworks for the past 12 years to provide janitorial services in designated park buildings on a part-time basis. • Lifeworks provides an on-site supervisor, insurance and assumes liability for its staff. • The proposed hourly rate under the new contract for the equivalent of a 100% worker is $10.46 per hour. The hourly rate includes staff wages, transportation, supervision and insurance. The rate is prorated depending upon the predetermined ability of each worker. • The average annual cost of $2600 has been incorporate into the Park and recreation Departments operational budget. • The contract may be canceled by either party with appropriate notice. ATTACHMENTS: None 30 Agenda Information Memo April 16, 2002 K. SET SATURDAY, MAY 18, 2002 AT 10:00 A.M., EAGAN MAINTENANCE FACILITY, 3501 COACHMAN ROAD, AS THE DATE AND LOCATION FOR THE 2002 CITY AUCTION ACTION TO BE CONSIDERED: To schedule the Eagan City Auction for 10:00 a.m. on Saturday, May 18, 2002, at the Eagan Maintenance Facility, 3501 Coachman Road. FACTS: • Throughout the year, the City acquires a variety of unclaimed, stolen property and retires certain City equipment for a variety of reasons. State law permits the sale of these items to the highest designation as surplus property. • A detailed list of the items to be declared surplus property will be presented to the Council at the May 7, 2002 City Council meeting. 3/ Agenda Information Memo April 16, 2002 L. PROJECT 7518 DODD ROAD. CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) with the owners of Parcel 10-83500-010-01 (4764 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 751R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report. • On February 5, 2002, the City Council approved Project 751R, including the acquisition of all necessary easements. • The upgrade of Dodd Road required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Cost estimates were obtained for all required easements. The estimated value of the easement for said property is $150.35. Staff has suggested an offer in this amount to the property owners. The property owners have consented to this offer. • An agreement between the City of Eagan and the owners of Parcel 10-83500-010-01 has been prepared providing for the payment 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 direct any discussion to a Closed Session. 307 Agenda Information Memo April 16, 2002 M. PROJECT 751R, DODD ROAD, CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) with the owners of Parcel 10-20900-033-04 (4832 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 751R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report. • On February 5, 2002, the City Council approved Project 751R, including the acquisition of all necessary easements. • The upgrade of Dodd Road required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Cost estimates were obtained for all required easements. The estimated value of the easement for said property is $4,514.42. Staff has suggested an offer in this amount to the property owners. The property owners have consented to this offer. • An agreement between the City of Eagan and the owners of Parcel 10-20900-033-04 has been prepared providing for the payment 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 direct any discussion to a Closed Session. 3.3 Agenda Information Memo April 16, 2002 Eagan City Council Meeting N. CONTRACT 02-10, DODD ROAD - DIFFLEY RD. TO WESCOTT RD. STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 02-10 (Dodd Road - Diffley Road to Wescott Road Street & Utility Improvements), award the contract to Valley Paving, Inc., for the base bid only in the amount of $1,731,016.93 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On October 16, 2001, the City Council authorized the urban upgrade of Dodd Road, from Diffley Road to Camberwell Drive, including storm sewer and an off-street bituminous trail, as outlined and discussed in the feasibility report for Project 850. • On January 22, 2002, the City Council authorized the urban upgrade of Dodd Road, from Camberwell Drive to Wescott Road, including storm sewer and an off-street bituminous trail, as outlined and discussed in the feasibility report for Project 862. • On March 4, 2002, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 02-10. • At 10:30 a.m. on April 11, formal bids were received for this project. A copy of the bid summary 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 Valley Paving, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page Ar. 3f 1 91 city of aagan Dodd Road (Diffley Road/CSAH 30 to Wescott Road) Project No. 850 & 862 Eagan, Minnesota City Contract No. 02-10 Bonestroo File No. 49-01-115 Bid Date: Thursday, April 11, 2002 Bid Time: 10:30 a.m. Contractor 1) Valley Paving, Inc. 2) McNamara Contracting, Inc Dodd Road - Project No. 850 & 862 Low Base Bid $1,731,016.93 Preliminary Report $2,273,730 Base Bid $1,731,016.93 $1,770,327.50 % Engineer's % Deviation Estimate Deviation - 23.9% $1,921,866 -9.9% 3S Agenda Information Memo April 16, 2002 Eagan City Council Meeting 0. ENGINEERING CONSULTANT CONTRACTS ACTION TO BE CONSIDERED: Approve Engineering Consulting Agreements and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In July of 2001, staff began the process of soliciting for professional consultants qualified to provide Engineering related services to the City of Eagan. The City received SOQ's from 25 Engineering firms expressing an interest in 10 different areas of expertise. Two main categories of Engineering services were identified: 1. General Municipal Engineering Services 2. Technical Specialty Services • All SOQ proposals were reviewed by the staff screening committee consisting of the City Administrator, Public Works Director, Park and Recreation Director, and the City Engineer. This committee identified 5 firms to be further evaluated through formal interviews held on August 30, 2002, by the Council Public Works Committee (Council Members Bakken and Fields) • The consulting firms of Bonestroo, Rosene, Anderlick & Assocs. (BRAA), Short Elliot Hendrickson, (SEH), WSB and Associates, (WSB), and Strgar, Roscoe, Fausch, (SRF) were formally approved to provide services at the Sept 2, 2001 City Council meeting. • Subsequently, staff met with representatives of each consulting firm, consultant's attorneys, and the Eagan City Attorney to draft/develop one uniform and generic consultant contract. These documents have now been executed by all firms and await City Council approval. 36 Agenda Information Memo April 16, 2002 P. CONTRACT 01-12. JULY 2000 STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 01-12 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-12 provides storm water drainage system mitigation improvements in a portion of the various areas affected by the July 2000 Super Storm, including Cedar Grove (Project No. 815), Woodgate Lane (Project 820), and Palisade Circle (Project 826). • On April 3, 2001, the City Council approved various maintenance improvements to the City's storm drainage system (City Project No. 812), including the modification of the pond outlet structure at Pond AP-47 near Forssa Way. • On November 8, 2001, the City Council approved the installation of storm mitigation improvements for the Rocky Lane/ Paddock Court area, as outlined and discussed in the feasibility report for Project 845. • On December 11, 2001, the City Council approved the installation of storm mitigation improvements for the Deerwood Place area, as outlined and discussed in the feasibility report for Project 849. • On December 18, 2001, the City Council approved the installation of storm mitigation improvements for the Beecher Drive area, as outlined and discussed in the feasibility report for Project 843. • The City has secured funding from the Federal Emergency Management Agency (FEMA) for various minor maintenance improvements to the City storm drainage system. • The change order adds the storm mitigation improvements for Forssa Way (Project 812), Projects 843, 844, 845, and 849, and the maintenance improvements funded by FEMA, to Contract 01-12. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the City. • This 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 $175,989.00 (10.4% of original contract). The associated cost will be the responsibility of the City's Storm Water Fund. ATTACHMENTS: • Change Order No. 1, pages 3fi0o' through 3f dtVOFa0goi CHANGE ORDER NO. I CLIENT PROJECT NO. 815,820,826 Date: April 3, 2002 CLIENT CONTRACT NO. 01-12 BRA FILE NO. 49-00-109 PROJECT DESCRIPTION JULY 7-8, 2000 SUPER STORM ANALYSIS Barbarossa & Sons Inc. 11000 93rd Ave. N. P. O. Box 367 Osseo, MN, 55369 Engineer: Bonestroo, Rosene, Anderlik & Associates, Inc. 2336 West Highway 36 St Paul, MN 55113 DESCRIPTION OF CHANGE ORDER WORK: Part A: FEMA Projects: This Change Order is for the various small FEMA funded projects around the City of Eagan. These projects include the excavation of debris and sediment in Ponds BP-4, JP-26, AP-9, and OP-10. These projects also include the upgrade of a woodchip trail, that washed away during the heavy rains, in Walden Heights Park. The summary of these costs are shown below. Part B: Rocky Lane/ Paddock Court (Project No. 845): Add Project No. 845 (Rocky Lane/Paddock Court) into contract. This project includes adding an outlet skimmer on Pond BP-29.6, installing a 27" RCP outlet from Pond BP-29.7. The summary of costs are shown below. Part C: Deerwood Place (Project No. 849): Add Project No. 849 (Deerwood Place) into the contract. This project includes installing a 30" RCP storm sewer line, along with the necessary catch basins, and manholes, along the backyards of homes along Deerwood Place. The summary of these costs are shown below. Part D: Beecher Drive and Forssa Way (Project Nos. 843 and 844, Maintenance Improvements): Add Project Nos. 843 and 844 (Beecher Drive and Forssa Way) maintenance work into Contract 01-12. These Improvements will remove the existing flare end section (FES) that drains Pond AP-40 and AP-47. The FES sections will be replaced with 4' Dia. Outlet Structures. The summary of these costs are shown below. JUSTIFICATION FOR / PURPOSE OF CHANGE ORDER Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 1, Part A Mobilization LS 1 $8,300.00 $8,300.00 2 Excavate debris and sediment CY 180 $15.00 $2,700.00 3 Erosion fabric with seeding SY 370 $5.00 $1,850.00 4 Rip Rap CY 133 $110.00 514,630.00 5 Replace trash guard EA I $1,700.00 $1,700.00 6 Reset and Regrout manhole casting EA. I S250.00 5250.00 7 Bituminous Boat Ramp SY 34 530.00 $1,020.00 8 Replace bituminous trail LF 100 524.00 $2,400.00 9 Replace wood chip trail with Class 5 LF 1500 $9.25 $13,875.00 10 Sodding SY 200 55.00 $1,000.00 Total CHANGE ORDER NO. 1, Part A 547,725.00 CHANGE ORDER NO. 1, Part B II Mobilization LS I $4,000.00 $4,000.00 12 Traffic control LS I 51,000.00 51,000.00 13 Remove existing tree EA I 5300.00 $300.00 14 Remove storm sewer manhole EA I $400.00 S400.00 15 Remove apron EA I 5250.00 S250.00 16 Salvage and respread topsoil (EV) Cy 60 $8.00 $480.00 17 Connect to existing storm manhole EA 2 5800.00 $1,600.00 18 12" RCP storm sewer, Class 5, 0'-8' deep LF 8 -S55.00 $440.00 4900109CHOI l //yam 3 a s ,/ Contract Unit Total No. Item Unit Quantity Price Amount 19 27" RCP storm sewer, Class 4, 0'-8' deep LF 36 $98.00 53.528.00 20 27" RCP storm sewer, Class 4, 8'-10' deep LF 15 S99.00 51,485.00 21 27" RCP storm sewer, Class 4, 10'-12' deep LF 18 $100.00 $1,800.00 22 27" RCP storm sewer, Class 4, 12'-14' deep LF 39 S101.00 $3,939.00 23 12" RCP flared end section, incl trash guard EA 1 $950.00 $950.00 24 27" RCP flared end section, inct trash guard EA I 52,100.00 52,100.00 25 Class III random riprap CY 30 $55.00 $1.650.00 26 Construct skimmer on existing manhole EA I 52,400.00 52,400.00 27 Improved pipe foundation LF 122 S1.00 S122.00 28 Street Sweeper with pick up broom with operator HR 5 585.00 $425.00 29 Structure marker sign EA 2 $45.00 S90.00 30 Sodding, lawn type SY 475 $3.00 51,425.00 31 Colorado Spruce, 8' B&B EA I 5300.00 5300.00 Total CHANGE ORDER NO. 1, Part B S28,684.00 CHANGE ORDER NO. 1, Part C 32 Mobilization 33 Traffic control 34 Remove existing tree 35 Remove dogwood tree 36 Remove concrete curb and gutter 37 Remove bituminous pavement 38 Remove manhole or catch basin 39 Remove retaining wall 40 Modular block retaining wall 41 Salvage and respread topsoil (EV) 42 Connect to existing catch basin or manhole 43 Connect to existing storm sewer 44 30" RCP storm sewer, Class 4, 0'.8' deep 45 30" RCP storm sewer, Class 4, 8'-10' deep 46 30" RCP storm sewer, Class 4, 10'-12' deep 47 30" RCP storm sewer, Class 4, 12'-14' deep 48 5' diameter storm CBMH 49 6' diameter storm CBMH 50 5' diameter storm sewer MH 51 5' diameter structure overdepth 52 6' diameter structure overdepth 53 Subgrade preparation - street 54 Aggregate base, Class 5, 100% crushed 55 Bituminous base course, Type 31B 56 Bituminous wear course, Type 41A 57 Bituminous material for tack coat 58 D412 surmountable concrete curb and gutter 59 Saw cut bituminous street 60 Improved pipe foundation 61 Street Sweeper with pick up broom with operator 62 Sodding, lawn type 63 Deciduous tree 2" Cal. B&B 64 Pagoda Dogwood, 2 gallon. B&B Total CHANGE ORDER NO. 1, Part C CHANGE ORDER NO. 1, Part D 65 Beecher Drive outlet Structure 66 Forssa Way Outlet Structure Total CHANGE ORDER NO. 1, Part D CHANGE ORDER NO. 1 Total CHANGE ORDER NO. 1, Part A Total CHANGE ORDER NO. 1, Part B Total CHANGE ORDER NO. 1, Part C Total CHANGE ORDER NO. 1, Part D Total CHANGE ORDER NO. I LS I 54,000.00 $4,000.00 LS 1 $1,500.00 S1,500.00 EA 6 $250.00 51,500.00 EA 8 S100.00 5800.00 LF 40 54.00 5160.00 SY 140 $5.00 $700.00 EA I $400.00 S400.00 LF 80 $12.00 S960.00 SF 160 524.00 $3,840.00 CY 200 56.00 $1,200.00 EA 1 5800.00 5800.00 EA I 5800.00 5800.00 LF 120 S118-00 S14,160.00 LF 85 5119.00 S10,115.00 LF 85 S120,00 $ 10,200.00 LF 75 $121.00 S9,075.00 EA I S2,300.00 $2,300.00 EA 1 $2,900.00 $2,900.00 EA I 52,200.00 52,200.00 LF 3 $160.00 5480.00 LF I $250.00 $250.00 SY 140 $5.00 $700.00 TN 60 520.00 $1,200.00 TN 15 $80.00 $1,200.00 TIN 10 590.00 5900.00 GAL 5 $10.00 550.00 LF 40 $21.00 $840.00 LF 65 $4.00 $260.00 LF 365 $1.00 5365.00 HR 5 $85.00 5425.00 SY 1100 53.00 53,300.00 tree 6 5300.00 SI,800.00 EA 8 $150.00 $1,200.00 $80,580.00 LS I S 12,000.00 512,000.00 1-5 1 S7.000.00 $7,000.00 $ 19,000.00 $47,725.00 $28,684.00 $80,580.00 S19.000-00 S 175,989.00 4900109CHOI tts 3 7 CONTRACT STATUS Oringal Contract: Change Order: Subtotal of Previous Change Orders: This Change Order. New Subtotal of all Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for total of all Change Orders to Original Contract Amount: RECOMMENDED FOR APPROVAL TIME/COMPLETION DATE 10% 10%. Date: q111,10 Project Date: 4 / 1 t /D 2 City Deparn ent City of Eagan Council Action: Manor: Clerk: Approval Date: Distribution cc: i - City 2 - Contractor I - Engineer 1 - Bonding Company AMOUNT $1,687,305.50 $175,989.00 $0.00- $175,989.00 $175,989.00 $ 1,863,294.50 Date: 4900109CHO1.xis 4/40 Agenda Information Memo April 11, 2002 Eagan City Council Meeting Q. APPROVE BCBSM DRAFT AUAR FOR DISTRIBUTION - CITY OFEAGAN ACTION TO BE CONSIDERED: Approve the Draft AUAR, for the BCBSM Master Campus Plan, for distribution per MN State Statute. FACTS: > The City Council directed the preparation of the Alternate Urban Area-wide Review by resolution on October 2, 2001. > Within the past two months, the Advisory Planning Commission and the City Council have taken testimony, reviewed, and commented on traffic related information gathered as part of this document. > Approval of the draft AUAR document will allow for the item to be placed in the Environmental Quality Board's April 29, 2002 issue. This will start the official 30 day comment period as required by law. The comment period will conclude on May 29, 2002. ? As required, a Press Release will be sent to the Legal Newspaper upon approval by the City Council. ? The City's consultant will complete responses to comments and prepare the Final AUAR and Mitigation Plan by June 27, 2002. ISSUES: ? Staff would like the City Council to consider/discuss the opportunity for public participation in this planning effort. ATTACHMENTS: (5) Resolution directing AUAR preparation on page ? and AUAR Distribution List on page through BCBS AUAR Schedule on page Draft Press Release on page Draft AUAR document and Exe utive Summary, enclosed w/out page number. 4/ RESOLUTION NO. 01-62A CITY OF EAGAN ORDER AUAR - BLUE CROSS/BLUE SHIELD EAST CAMPUS WHEREAS, there exists a site of approximately 157 acres in the west-central portion of Eagan, bounded on the north by Yankee Doodle Road, on the west by Trunk Highway (T H) 13, on the south by Blackhawk and Ashbury Roads, and on the east by the City's public works facility, that is commonly referred to as the Blue Cross/Blue Shield East Campus; and WHEREAS, Blue Cross/Blue Shield is seeking Planned Development Approval for expansion of its corporate office facilities, residential development, and associated infrastructure improvements associated with the development of the East Campus; and WHEREAS, it is prudent to conduct an environmental review of the proposed development as provided for in the State of Minnesota Environmental Review Program rules; and WHEREAS, Minnesota Rules Part 4410.3610 provides for a substitute form of environmental review known as an Alternative Urban Areawide Review (AUAR) process; and WHEREAS, an Alternative Urban Areawide Review (AUAR) process allows for the environmental review of development and associated infrastructure in a particular geographic area within a jurisdiction if the local government has an adopted comprehensive plan; and WHEREAS, the City of Eagan has designated the East Campus property as "Special Area" in its Comprehensive Plan; and WHEREAS, the City of Eagan is the Responsible Governmental Unit ("RGU") pursuant to Minnesota Rules Part 4410.3610 Subp. 1; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, that a:. AUAR be completed for the Blue Cross/Blue Shield East Campus. CITY OF By: It' Mayor q a Attest: i ,?'? L= Li ' t ti c It's Deputy Clerk Motion by: Bakken Seconded by:Carlson Those in Favor: All Those Against: None Date: October 2, 2001 CERTIFICATION I, Mira McGarvey, Deputy Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota in a regular meeting thereof assembled this 2°d day of October, 2001. J/t cGarve, eputy Jerk y.3 EAW Distribution List ENVIRONMENTAL QUALITY BOARD (1) Environmental Review Program 300 Centennial Office Building 658 Cedar Street St. Paul, MN 55155 Ms. Becky Balk (1) MINNESOTA DEPARTMENT OF AGRICULTURE 90 West Plat Boulevard St. Paul, MN 55107 Ms. Marya White (1) MINNESOTA DEPARTMENT OF COMMERCE Suite 500 85 Seventh Place East St. Paul, MN 55101-2198 Mr. Gerald Larson (3) Mn/DOT Environmental Services MINNESOTA DEPARTMENT OF TRANSPORTATION 395 John Ireland Boulevard, MS 620 St. Paul, MN 55155 Ms. Beth Lockwood, Supervisor (3) MINNESOTA POLLUTION CONTROL AGENCY Environmental Review Unit/Majors/Rem Division 520 Lafayette Road St. Paul, Minnesota 55155 Ms. Carol Blackburn (2) LEGISLATIVE REFERENCE LIBRARY 645 State Office Building St. Paul, MN 55155 Mr. William D. Franz (1) Chief of Environmental Review U.S. ENVIRONMENTAL PROTECTION AGENCY - REGION 5 MAIL CODE W- I 5J 77 West Jackson Boulevard Chicago, IL 60604-3507 May 20, 1999 Mr. Jim Haertel (1) MINNESOTA BOARD OF WATER & SOIL RESOURCES One West Water St., Suite 200 St. Paul, MN 55107 MINNESOTA DEPARTMENT OF HEALTH (1) Environmental Health Division Policy, Planning and Analysis Unit 121 East Seventh Place, Suite 230 St. Paul, MN 55101 Mr. Thomas W. Balcom (3) MINNESOTA DEPARTMENT OF NATURAL RESOURCES Environmental Review Unit 500 Lafayette Road St. Paul, MN 55155-4010 MINNESOTA HISTORICAL SOCIETY (1) State Historical Preservation Office Level A 345 Kellogg Boulevard West St. Paul, MN 55102 ENVIRONMENTAL CONSERVATION LIBRARY (2) Minneapolis Public Library 300 Nicollet Mall Minneapolis, MN 55401 Mr. Robert Whiting (1) U.S. ARMY CORPS OF ENGINEERS Regulatory Functions Branch Army Corps of Engineers Center 190 Fifth Street East St. Paul, MN 55101-1638 U.S. FISH AND WILDLIFE SERVICE (1) Twin Cities Field Office E.S. 4101 East 80th Street Bloomington, MN 55425-1665 :\Documents and Settings\MRidley\Local Settings\Temporary Internet Files\OLKIB\Draft AUAR DistributionLabels4-07-02.doc I/ y EAW Distribution List Ms. Linda Milashius, Referrals METROPOLITAN COUNCIL Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 MINNEAPOLIS PUBLIC LIBRARY Environmental Conservation Library 300 Nicollet Mall Minneapolis, MN 55401 May 20, 1999 Mr. Eric MacBeth GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION 3501 Coachman Point Eagan, MN 55122 DAKOTA COUNTY LIBRARY Westcott Branch 1340 Wescott Road Eagan, MN 55122 :\Documents and Settings\MRidley\Local Settings\Temporary Internet Files\OLK1B\Draft AUAR DistributionLabels4-07-02.doc 4VS • Q) z Ma V V m C, C au E c Q, 0. 0 0 E cz =y c c a to or ? 'o 0 b v fl., O O O U ¢ wo 0 > v ¢ ¢ O' W O 04 Q a b o o U c o • O' < > w c A g u. o o Fil Q n/ c v? 0 0 G 0 G) O Co y Q Q = O V O 0 c -p •O a ' a c L a ° a to v _ • E A 0 o w c w ¢ p, W C O w0 ¢ O Gtn Q. G -? a 'C .. w H ? U V ¢ ¢ U '. w • C C U C U ?. w C O ?.. o- c a 'CJ oo a a? .o c o .? 0 w c o w v y U E h O 'rn G_ ' O U ¢ ¢ O U s V 0. O U C O U cs Q d ¢ C U ?+ +' > '> G G >, ur. 4r,. ccf . p U C i 1 G cd ,p Cl) a ¢ V x u H u y 3 a ? a a? c? a? a. ?s a ?' U L C? L 0 0 a? 0 o Ul 0 u U Uo U a? Q a NN ... N <D A 4 O e 0 N O O 0 0 ? cp? N O .0 N O O O N O O N O O N N O ) N N N N N - v N1 w N N N N. O N O N N O 0 O N N N et O1 V . Q I > ON 00 N N N O N G1 fl D E E E N N N N N ^-+ ? . O . O V O V > > > > V O cV. `E •E •O /1 >1 WJ > .+J > ?LJ C N O O O Z z L1 ti w ¢ ¢ ¢ ¢ ti ?' ti ¢ ¢ ¢ V6 Af I --Press Release-- b1?Apr For Immediate Publication April 17, 2002 Eagan, MN The City of Eagan has released a Draft Alternative Urban Areawide Review (AUAR)/Draft Mitigation Plan document for public review and comment. The document describes development anticipated to occur in and adjacent to the Blue Cross Blue Shield campus area through year 2015 and identifies potential environmental impacts and proposed mitigation related to the proposed AUAR development. The Blue Cross Blue Shield Main Campus is located east of TH 13, south of Yankee Doodle Road, and north of Blackhawk Road. Copies of the document are available for public review at the following locations: City of Eagan Planning Department (City Hall, 3830 Pilot Knob Road, Eagan, MN 55122- 1897), the Legislative Reference Library (645 State Office Building, St. Paul, MN 55155), the Environmental Conservation Library (Minneapolis Public Library, 300 Nicollet Mall, Minneapolis, MN 55401 ), and the Wescott Branch - Dakota County Library (1340 Wescott Road, Eagan, MN 55122). Comments on the Draft AUAR will be accepted through Wednesday, May 29, 2002. All comments should be directed to Mr. Mike Ridley, Senior Planner, City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122-1897, telephone (651) 681-4695. Following the public comment period, the City will prepare responses to all substantive comments and, if necessary, revise the AUAR document to address issues raised during review of the Draft AUAR. The final AUAR and Mitigation Plan will then be distributed to recipients of the Draft AUAR, prior to adoption of the final AUAR and Mitigation plan by the Eagan City Council. 417 Agenda Information Memo April 16, 2002 Eagan City Council Meeting R. AWARD SELECTED VENDORS FOR COMMUNITY CENTER ACTION TO BE CONSIDERED: To award bids for the Community Center to selected vendors. FACTS: Information regarding this item will be included in the Additional Information packet on Monday. '{ 8 Agenda Information Memo April 16, 2002, Eagan City Council S. APPROVE FUNDING OPTIONS FOR STORM MITIGATION ACTION TO BE CONSIDERED: To formally accept and approve the recommendation of the Finance Committee to advance funds from the Water and Sanitary Sewer Trunks Funds to finance the balance of the storm sewer mitigation improvement costs not paid for by the State Grant and to schedule a review of the status of all trunk funds at a time closure to ultimate build out of the City's infrastructure systems. FACTS: • Since the July 2000 super storm event, the City has implemented a tremendous amount of public infrastructure improvements and modifications to the community's storm sewer drainage system. • The final total cost of the improvements and related expenditures is estimated to be approximately $8,500,000. • The State Grant is financing $5,000,000 of the costs leaving a balance of approximately $3,500,000 to be financed locally. • The Finance Committee met on Tuesday, April 9, 2002, and after reviewing the status of the various City Trunk Funds made a recommendation to pay the balance of the costs by advancing the first $2,000, 000 from the City's Sanitary Sewer Trunk Fund and the balance of up to $1,500,000, depending on final project costs, from the City's Water Trunk Fund. • The Finance Committee is further recommending that the status of all Trunk Funds and the status of the advances be reviewed at a point closer to ultimate build out of the City's infrastructure system. • The recommendations of the Finance Committee were accepted and agreed upon at the Special City Council meeting held on Tuesday, April 9, 2002 with final action scheduled for the regular meeting of April 16, 2002. `0 Agenda Information April 16, 2002 CONSENT AGENDA ITEM T. COMMERCIAL FERTILIZER LICENSE RENEWAL ACTION TO BE CONSIDERED: Approve Commercial Fertilizer License renewal for Total Lawn Care, 3099 65`h Street, Inver Grove Heights, MN. FACTS: • Staff has reviewed the application for renewal and deem it acceptable 50 Agenda Information Memo April 16, 2002 Eagan City Council Meeting U. CONTRACT 02-17, STREETSCAPING & LIGHTING (CEDAR GROVE & CENTRAL PARKWAY) ACTION TO BE CONSIDERED: Approve the Proposal for Professional Services and authorize the preparation of detailed Plans and Specifications for Contract 02-17, Streetscaping & Lighting (Cedar Grove & Central Parkway). FACTS: • Project 866 provides for the installation of streetscaping and lighting improvements in conjunction with the Cedar Grove Access Modification (Project 800R) and the Beau De Rue Street upgrade (Project 759R). • The Design Study Report for Project 866 was presented to the Council and discussed as part of the public hearing for Project 800R (Cedar Grove Access Improvements) on April 2, 2002. At the completion of the hearing, the Council approved the Design Study Report for Project 866 along with Project 800R, which incorporated the costs for Project 866. • Project 813 provides for the installation of streetscaping and lighting improvements to be incorporated with the Central Parkway roadway improvements (Project 790R). On March 19, 2002 the Council held the public hearing and approved Project 790R. The public hearing for Project 813 is scheduled for May 7, 2002. • To achieve the most economical costs for the streetscaping and lighting improvements under the economies of scale, it is recommended that the two projects be combined under one contract (Cont. 02-17). • On March 12, The Council authorized the City's designated consulting firm of SRF Consulting Group Inc. to prepare the Feasibility and Design Study Reports for Projects 813 & 866. A request for a similar proposal to continue with the preparation of the detailed plans and specifications and provide the construction/contract management services for these two streetscaping projects has also been received. These proposals, $72,445 for Proj. 813 & $83,889 for Proj. 866 respectively (approx. I I% of estimated contract costs), have been reviewed by the staff and found to in accordance with the currently approved consulting fee schedule and the appropriate scope of services as previously directed by the Council. S/ Agenda Information Memo April 16, 2002 V. PROJECT 751R, DODD ROAD, CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) with the owners of Parcels 10-20900-032-04 and 10-20900-040-04 (4835 South Robert Trail) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 751R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report. • On February 5, 2002, the City Council approved Project 751R, including the acquisition of all necessary easements. • The upgrade of Dodd Road required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Cost estimates were obtained for all required easements. The estimated value of the easements for said properties is $29,289.10. Staff has suggested an offer in this amount to the property owners. The property owners have consented to this offer. • An agreement between the City of Eagan and the owners of Parcels 10-20900-032-04 and 10-20900-040-04 has been prepared providing for the payment 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 direct any discussion to a Closed Session. r ,.7 d2 Agenda Information Memo April 16, 2002 Eagan City Council Meeting W. APPROVE PROCLAMATION FOR NATIONAL DAY OF PRAYER ACTION TO BE CONSIDERED: To proclaim Thursday, May 2, 2002 as National Day of Prayer. FACTS: • The National Day of Prayer Planning Committee has requested that Council proclaim May 2, 2002 as National Day of Prayer. ATTACHMENTS: • Letter of request and schedule of events is attached on pages S through. • National Day of Prayer 2002 proclamation is attached on page S-3 APR-11-2002 16:32 OAK HILLS CHURCH P.05 February 2002 NATIONAL DAY OF PRAYER MAY 2, 2002 "AMERICA UNITED UNDER GOD" Psalm 46:1 "God is our refuge and strength, an ever present help in trouble" Dear Church Leaders, NATIONAL DAY of PRAYER-iis-celebrating it's 51" Anniversary this year. The theme, America United Under God, lends itself to community unity in a special way. The South of the River National Day of Prayer Planning Committee is sponsoring PRAYER-WALKS for communities South of the River. What is a prayer walk? It is a quiet, simple invitation to Jesus to come, bring peace and blessing to an area as people walk by. Usually people do this in two's because that was the instruction from Jesus in Luke 10:2 " ... the Lord appointed 70 others and sent them out ahead of him, two by two, into every town and place where He himself was about to come." In the past government, businesses, schools and faith communities have been quite independent of each other. This has changed recently as cities and whole states have seen positive results from something as simple as people walking past a school, business, home, or government office asking God's blessing and peace over that place. Each community would be walked by people volunteering from their own area. The communities being asked to be part of this are: Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Jordan, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage and Shakopee, The walks would take place Saturday, APRIL 27 from 3:00 p.m_ to 5:00 p.m, and be patterned after the PRAYER WALK in ST. PAUL on Sept 8 last year. Over 1,500 people joined together for that walk and Mayor Norman Coleman said it felt the city had received an "inoculation of peace". Harvest Evangelism has mapping skills to divide up areas and allow people to walk specific sections in each community. Anyone interested will sign up with a church coordinator or sign up on the website - www.harvestevan-mw.org. They will pick up a packet with a map and specific instructions on the day of the walk at a central pick up point in each community. Those places have yet to be determined, but they will be public places such as city hall, libraries or community centers. We are inviting your congregation to part of this walk. Would you please pray about it? If you feel lead to participate, please use the enclosed flier and sign up sheet Sr APR-11-2002 16:32 OAK HILLS CHURCH If you could announce it or put it in your News Letter and Sunday bulletins that would be appreciated. If you have a prayer coordinator, perhaps that person would be the "point" person for your congregation. There is very little work. It is just a matter of someone being available to take names as people sign up OR people can go directly to the website to sign up. On the day of the walk people would go to a central site in each community to pick up a packet that has a map & walk assignment Since people know their communities, it will be easy to find the school, business, government or resident area they are to walk. The walks are designed to take about 2 hours at a leisurely pace. ...4n.addition to the-prayes-walk, there will be -a number o€relebrations on Thursday May 2 for National Day of Prayer at different times in the various communities. A multi- city observance for communities South of the River will be held at the Burnsville Civic Center Amphitheater from 6:00 to 7.00 p.m. with a Youth Event following. There is always a big celebration on the steps of the capitol in St. Paul. As details for other events become available we will let you know. Another amazing and wonderful opportunity for the body of Christ is coming up on Pentecost Sunday, May 19, 2002. It is called "The Invitation" . It will bean uplifting time of prayer, celebration and unity of the Church of Jesus Christ in Minnesota It is sponsored by area church leaders and church ministries across the area. It is a humble invitation to God to come and Bless us with His Presence. For more information about this call # 612-278 1728, Prayer Transformation Ministries. This is an exiting time in the history of the church. What a joy to come together in the unity of the Spirit in the bond of peace... there is one body, one Spirit, one hope. God's blessings on your congregation as you consider these opportunities. If you have questions you many call: Sharon Auldrich (952) 890-6749 or Harvest Evangelism (612)278-1740 Q_'ha4ww ss P.06 TOTAL P.06 APR-11-2002 16:31 y y > 400 a a m 13 4 a w 14 1 'b d m ON 4? -94 CO N row r_ I N o W " d m ?. z Own y ttj? O ? aka C!Q] ? rid 91 Cd it OAK HILLS CHURCH O o B CD ? m x m i. P. 04 Aca ? ?o. 011.1 . O +?.? a 3 rm? 0 00 C V AS 164 > cc -rq R; d o0 Q m co xbm° x??xx y co co V aS w I a, to O D, m o6 w, amo s. o Q m >- N a ,-+ a a s C L w Q ?•y, ?? 0 v 54 od A w Q > 0 P9 14 . 611 1Z b? p v?••, m w O 'k ' y o n .? 3 F ., V a,Q?p? V B O Rn it be s.4 D V cJ i :: P1, 0-0 ph C LA to a 4 - ;0, r4 , r, 4.) in 0 Ln 40 ot? A~°'E P-4 > 14 >; CD R ?.od rn3-aom d??u O MQ x EINm ou AMERICAUNITED UNDER* D "God is our refuge and strength, an ever-present help in !rouble."-Psalm 46:1, NIV ANNUAL NATIONAL DAY OF PRAYER * THURSDAY, MAY 2, 2002 our lives, America has been a safe place to live. With oceans separating us from our enemies, -tinned in peace and protection from hostile opponents. But, on September 11, that all changed. .t7e. now live with a sense of vulnerability, uncertain of what tomorrow might bring. for repentance and prayer-both individual and corporate-has never been more obvious. Aure rests on the willingness of its people to sincerely seek the LORD's protection, providence g As President George W. Bush has said, "Prayer has comforted us in sorrow and will help for the journey ahead." We can confidently face the difficult tasks of the future if we will only beavenly Father's intervention today. We must join hearts and hands in praying to Yahweh- the God who "is our refuge and strength, an ever-present help in trouble." ite your loved ones, neighbors and co-workers to participate in your community's National Day observance and join with millions of our fellow countrymen to be America United Under God. xAJ NdTR?IAL I14f OF PRAYIIt arc National Day of Prayer Task Force * (719) 531-3379 * www.nationaldayofprayer.org S6 CITY OF EAGAN PROCLAMATION NATIONAL DAY OF PRAYER 2002 WHEREAS, the citizens of Eagan are a diverse group of people, with many nationalities and a variety of religious traditions being represented; and WHEREAS, the history of our country is replete with leaders who voluntarily call upon their God, whether the need be great or small; and WHEREAS, May 2, 2002 marks the 515` observance of the National Day of Prayer in cities and towns throughout the United States; and WHEREAS, this year's theme of America United Under God lends itself to community unity in a special way; and WHEREAS, the citizens of the City of Eagan have relied on prayer as a source of strength and guidance to face the problems of today, uncertainties of tomorrow and to give thanks for rich blessings; and WHEREAS, prayer is a comfort for many people, especially during times of trial and tribulation; and WHEREAS, the citizens of Eagan should gather together on this day in their homes, churches, meeting places and chosen places of worship to pray in their own way for unity of the hearts of all mankind, and for strong moral character in the lives of the people of all nations, as well as, peace and understanding throughout the world; NOW, THEREFORE, BE IT RESOLVED that I, Patricia Awada, on behalf of the City Council, do hereby proclaim May 2, 2002 A DAY OF PRAYER Proclaimed this 16" day of April, 2002 Mayor S?? Agenda Information Memo April 16, 2002 Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - Dakota County (860 Cliff Road in Lebanon Hills Regional Park) ACTION TO BE CONSIDERED: • To approve a Variance to allow an 85-foot building setback from Schultz Lake (a Natural Development Water) on parcel ID # 10-03500-010-01 in the N.E. '/4 of the N.E. %4 of Section 35. FACTS: • Dakota County Physical Development is proposing the construction of a 6,029 sq. ft. Visitor Center and Trailhead on unplatted property west of the existing parking lot near Schulz Lake Beach in Lebanon Hills Regional Park. The City Shoreland Zoning Code requires that all structures maintain a 150-foot setback from the Ordinary High Water Mark of designated Natural Environment Lakes. Dakota County is requesting that the proposed structure be no closer than 85-feet from Schulz Lake. • County Staff has stated that the location for the proposed structure was chosen to minimize disturbance of the natural environment in the area and to take advantage of natural landforms to help screen the structure from Cliff Road. The development plan shows grading techniques unique to this site to minimize impact on lake water quality. • The Minnesota Department of Natural Resources is not opposing the location of the proposed structure. DNR Staff has stated the planned environmental restoration and public good balance the encroachment into the Schulze Lake setback. ATTACHMENTS: • Staff report, pages throughr soot PLANNING REPORT CITY OF EAGAN REPORT DATE: April 9, 2002 APPLICANT: Susan Hoyt-Dakota County PROPERTY OWNER: Dakota.County REQUEST: Variance CASE: 35-VA-02-03-02 HEARING DATE: April 16, 2002 APPLICATION DATE: March 20, 2002 PREPARED BY: Erik Slettedahl LOCATION: 860 Cliff Rd-Lebanon Hills Regional Park COMPREHENSIVE PLAN: P- Parks and Recreational Open Space ZONING: P-Public SUMMARY OF REQUEST Dakota County is requesting a Variance to allow an 85-foot building setback from Schulz Lake (a natural development water) on parcel ID # 10-03500-010-01 in the N.E. 1/4 of the N.E. 1/4 of Section 35 for the purpose of constructing a new Visitor Center and Trailhead. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.21 Shoreland Zoning, Subd. 6., C. states that a Variance from the Shoreland Zoning regulations may be granted under the following conditions: No variance may be granted except in accordance with Minn. Stat. ch. 462 and the provisions of this chapter. A variance shall not circumvent the general purposes and intent of this section. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance with this chapter, and to protect adjacent properties and the public interest. In considering a variance request, the city council will also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. 2. The city shall hear and decide requests for variances, including variances for sewage treatment systems in shoreland districts, in accordance with the zoning provisions governing variances. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required S9 therein shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. 3. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. All variances granted shall require reconstruction of a nonconforming sewage treatment system. City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: 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. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS Schultz Lake (DNR ID 19-75), as defined in Subd. 7, A. of the Shoreland Zoning Code, is classified as a Natural Environment Lake and is in an unsewered area. Subd. 8 A. of the Shoreland Zoning Code requires a 150-foot setback for all structures within 1000 feet of a Natural Environment Lake in unsewered areas. BACKGROUND/HISTORY In 2001, Dakota County finalized its master plan for Lebanon Hills Regional Park. After a lengthy planning process, the plan identified a need for a visitor center and additional trailhead. Part of these discussions included the best site for the center. Eventually, its proposed location on the north side of Shultz Lake, south of McDonough Lake was chosen. CiiftRd, Access '+ Drive§ a? ?• S M cDonnough Lake EXISTING CONDITIONS The unplatted, 80-acre subject parcel contains about 30 acres of water including Schultz and McDonough Lakes. The current Schultz Lake Beach and Trailhead exist on t?O Existing Site Conditions the subject site which includes the beach house, parking lot, limited trails, and an access road from Cliff Rd that follows along the west side of McDonough Lake. EVALUATION OF REQUEST A 6,029 square foot Visitor Center and Trailhead building is proposed on the subject site as part of the Lebanon Hills Regional Park Master Plan of 2001. The proposed location of the building is just west of the current parking lot at the northern point of Schultz Lake south of McDonough Lake. The proposed building would be situated no closer than 85 feet from the ordinary high water mark of Schulze Lake and would include an impervious terrace surface no closer than 50 feet from the water. iL)N OLD KOM) BID 17TK'1N(; T PD' RrI J1U 1) (i11.RU ' RD B{ IWI EN IAN" TUN 1T1.1R1 YYAM %)1V ;? vI f ?i?1S1KLDNATifR_it? ^, rAx11?' . ASTA ., ;.lAFi.i NI t MIRE ! WUNWrRAM:t DAKOTA COUNTY PARKS exucx ±-TUK'.1?.ai Tx RE ii1)1Ka; • 1%1 ILI MI IONARL1 titi?ux RIt LJNFLGt kLp P.5JIW7AG ?ljPj? • t1At1, z7 ,; P t. r 10,1 I1Q dd }yam ;i _ „4 1 1 iii l X'It TTFFAl:1 V . ? • 3 \ 5 e° V - 5111; RF ,L?., ? Nkl%' ENT'RIKG1 E1BIAT ° 1 T D EtXIiBKiEXaE y * 19Kt 11L1"I R111.11FA K1QSK ` 1 ` ? Z ?V )I: 411='K t1 _._ • y DKIK . _ ..? 7 y ?,:,?,..? ? .-m?..,._.._ f ,_. , l`?Nt lE-. % i--•J\E"4R?iA1 _..r" 7ow"KN?SUARINC, FIONA, AA EA \1mI, ',.'1i • 1 IWL SYSfI. ?L L:,; 353Ri1Y:. PL1 -? %1TH IiRE PTi' LEBANON HILLS REGIONAL; PARK IAUXC711N(, VISITOR CENTER /TRAILHEADCONCEPT ARM ARPA Proposed Site Plan The Visitor Center and Trailhead building will include some of the following services: • Education and learning center • Reception and gathering areas • Equipment rental • Conference space • Office space • Storage 6/ The site will also include other exterior elements such as a terrace, self-guided trails, linkage to overall park trail system, picnic and gathering areas, and parking. The proposed Visitor Center will be accessed from a new service road located along the east side of McDonough Lake from Cliff Road aligned with Hay Lake Road. The plans for this project will also include several ecological restorations and water management projects unique to this site. The new facility will require an on-site wastewater treatment facility. The identified location for this facility will be north of the proposed building. The Minnesota DNR was contacted for comment regarding this application and has since replied that they are not opposing the setback of the proposed structure. The DNR has been working with Dakota County on site planning and believe the restoration plans and the public good balance the building setback issue. The applicant has stated that project bidding is scheduled for April and substantial completion of the project is expected by the end of the year. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, a great deal of thought and effort went into site planning for the proposed Visitor Center. The subject site was ultimately chosen to minimize development impacts on the Park and, in large part, to take advantage of the existing parking lot and beach house development already in place at this location. The applicant has stated that the proposed building pad was chosen in order to avoid large landscape disturbances and to best use the natural landforms to buffer the Visitor Center from Cliff Road. The applicant has also stated that the proposed plan will use rain gardens to direct storm water runoff from Schulze Lake to minimize impact on water quality. The area to the north of the proposed building is reserved for a wastewater drainfield that, according to the applicant, may require a substantial treatment area due to the highly variable nature of soils in the Park. SUMMARY/CONCLUSION Dakota County is proposing the construction of a Visitor and Trailhead building on an 80-acre unplatted parcel between Schultz Lake and McDonough Lake in Lebanon Hills Regional Park. The applicant has stated that the new building will be placed no closer than 85 feet from Schultz Lake to take advantage of existing development in the Park and natural landforms, and to minimize the amount of disturbance to the area. Placement of the building at this proposed Schulz Lake left on photo) location will require City Council approval of a Variance from the 150-foot setback from Schultz Lake as required by City Code. ACTION TO BE CONSIDERED To approve a Variance to allow an 85-foot building setback from Schultz Lake (a Natural Development Water) on parcel ID # 10-03500-010-01 in the N.E. '/4 of the N.E. '/a of Section 35. Conditions of Approval: 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 Visitor and Trialhead building shall maintain a minimum setback of 85 feet from the Ordinary High Water Mark of Shultz Lake. 63 O Eagan Boundary Location Map 2S="n° 44 arcel Area Building Footprint w c io - ?6 ? ® ® af.•urr 6 ` ae & ' G P Ir 9 cc, S ub ect Site WQ o® a O L d m. ot, v O ? A ! m f • ? •4 L ®. 8 •e a ® i s3 m 1000 0 1000 2000 Feet Development/Developer. Dakota County Application: Variance Case No.: 35-VA-02-03-0 Map Prepped using ERSI AreView 3.1. Para) be" map data provided by Dakota County Land Survey Department and Is current as of October 2001. N City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E M I N N E S 0 F A The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are cernmuatty Dw.tepment D.parte.at not responsible for arrora or omissions. oo aooo?oa? I f {{ f a F , -lit t. j ?ii ti1 c. a 6 i I j'0 ?•? ?a°? si I'? + l1t t i ? e a F._ = r------------ -/-' --- C #44 m tt?r ? O• .?,.•. 4 a • •• • ' ?,) I,r ., r sl t. ° I , •., t 1+ l?• '° rrt 1 r ° r? I L-- __- --_----_ __J I, _7 It s ? ? ' T ' ? ?- ;??... = : ice, ? r i ? •• ° spr ° a;6 aEi? ?? E??g?a Is' _ R ?ffa51 - ;ill if T?i ! '=1l 'I,# jfl1 it( i t n,', i 1 11 1119 j ? tae •' C) ? 9 d' g2 Lebanon Hills Regional Park - Visitor Confer Dakota County, Minnesota OVERALLDLAYOUT PLAN i?`' II ?I1I ? `"" W 11.- " -1, `- B R A V E R `A$5"`°"Te''LTp• 6 s Agenda Information Memo April 16, 2002 B. PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Continue Project 858 (Sibley Terminal Industrial Park - Storm Sewer Improvements) indefinitely. FACTS: • On September 6, 2001, the City received a petition from Mr. Todd Johnson, a representative of Global Equity Partners, property owners at 3220 Terminal Drive, requesting the preparation of a feasibility report for storm sewer improvements in the area of their property near Highway 13 and Terminal Drive in northwest Eagan. • On September 17, 2001, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of storm sewer improvements for the drainage area near Terminal Drive and Truck Highway 13. • On March 4, 2002, the Public Hearing for Project 858 was held. After the presentation of the feasibility report and discussion from the affected property owner, the City Council continued consideration of Project 858 until April 16, 2002. • The continuation of the consideration of the project was to allow City staff the opportunity to contact MnDOT to discuss their potential cost participation for their portion of the tributary drainage area. Although staff has repetitively requested MnDOT's determination of their cost participation, they have been noncommittal at this time. • An indefinite continuation of the consideration of Project 858 would allow City staff the opportunity to coordinate discussions with MnDOT staff and the property owner so that a potential funding resolution could be brought back to the City Council for their consideration. 66 Agenda Information Memo April 16, 2002 Eagan City Council Meeting A. LAND DISTURBANCE AND EROSION CONTROL REGULATIONS ACTION TO BE CONSIDERED: Adopt Advisory Parks Commission recommendations to adopt Land Disturbance and Erosion Control Regulations into City Code and to approve amendments to relevant existing sections of City Code. FACTS: • In November 1999, the City of Eagan's Erosion Control Task Force met for the first time, beginning a process to improve the abilities of the City to control and limit the negative impacts of soil erosion at construction sites. Now called the Eagan "E- Team," the group is comprised of staffs from engineering, inspections, forestry, and water quality divisions. • The E-Team is a forum in which information and concerns are shared about the impacts of soil erosion and sedimentation on City infrastructure and resources from specific construction projects. The group also cooperates on prevention and enforcement issues. • In 2000-2001, the Eagan E-Team worked diligently on a set of policies and requirements to guide and manage land-disturbing activities, in order to preserve and enhance Eagan's natural resources and to maintain an effective stormwater conveyance system. On April 17, 2001, the City Council unanimously approved the Advisory Parks Commission recommendation to implement an Erosion and Sedimentation Control Policy (see attachment) and authorized staff to prepare appropriate ordinance language to conform to the policy. • Over the past year, the Eagan E-Team has worked closely with the City Attorney to carry out the City Council's directive. The result is a set of regulations proposed for a new section, §4.32, of Eagan City Code. The proposed Land Disturbance and Erosion Control Regulations (see attachment) apply to any excavating, grading, clearing, filling, or other earth change which may result in: 1. The movement of more than ten thousand (10,000) square feet of earth; 2. Any alteration of land by more than five (5) feet from the existing contour of the ground on any contiguous one thousand (1,000) square feet of ground; or 3. Any other activity that changes the existing or natural contour of the land which changes drainage. 62 Erosion Control Plan (LDECP) is submitted to and approved by the City. Specific requirements of LDPs and LDECPs are included in the proposed regulations. The regulations also include provisions for compliance with LDECPs, emergency corrective actions, final "as-built" plans, fees, and performance securities. • Overall, the proposed regulations bolster the City's position to protect the public interest and to manage the community's resources. In addition to the proposed regulations, modifications to several other relevant chapters in existing code are being proposed in a comprehensive effort to address and refer to this issue. • The modifications to other relevant City Code chapters are: 1. Chapter 4 "Construction Licensing, Permits and Regulations, Including Signs, Excavations and Mobile Home Parks" by amending § 4.30, Subdivision 2(a) and Subdivisions 3(a) and 3(bX8) regarding grading permit regulations; 2. Chapter 10 "Public Protection, Crimes and Offenses" by amending § 10.21, Subdivision 2(c) regarding turfgrass planting and maintenance regulations; 3. Chapter 11 "Land Use Regulations (Zoning)" by amending § 11.10, Subdivision 15(cx2Xh) regarding landscaping regulations; 4. Chapter 11 entitled "Land Use Regulations (Zoning)" by amending § 11.21, Subdivision 9(ix1)(bxl) regarding shoreland alterations; and 5. Chapter 13 "Subdivision Regulations (Platting)" by amending § 13.30, Subdivision 1(dx2) regarding general grading/drainagelerosion control plan for subdivisions. • On April 15, 2002, after recommendations by its Natural Resources Subcommittee, the Advisory Parks Commission unanimously voted to recommend that the City Council adopt the proposed Land Disturbance and Erosion Control Regulations into City Code and approve proposed amendments to relevant existing sections of City Code. Attachments: 1. Eagan Erosion and Sedimentation Control Policy, pg. 171/ 2. § 4.32, Land Disturbance and Erosion Control Regulations ; Proposed modifications to Chapter 4 "Construction Licensing, Permits and Regulations, Including Signs, Excavations and Mobile Home Parks"; pg !2-C -gs 3. Proposed modifications to Chapter 4 "Construction Licensing, Permits and Regulations, Including Signs, Excavations and Mobile Home Parks" by amending § 4.30, Subdivision 2(a) and Subdivisions 3(a) and 3(bX8) regarding grading permit regulations, pg 9 6? 4. Proposed modifications to Chapter 10 "Public Protection, Crimes and Offenses" by amending § 10.21, Subdivision 2(c) regarding turfgrass planting and maintenance regulations, pg.8 9 5. Proposed modifications to Chapter 11 "Land Use Regulations (Zoning)" by amending § 11.10, Subdivision 15(c)(2)(h) regarding landscaping regulations, pg 6. Proposed modifications to Chapter 11 entitled "Land Use Regulations (Zoning)" by amending § 11.21, Subdivision 9(ix l)(bx l) regarding shoreland alterations, pg 9/ . 7. Proposed modifications to Chapter 13 "Subdivision Regulations (Platting)" by amending § 13.30, Subdivision 1(d 2) regarding general grading/drainageerosion control plan for subdivisions, pg. -?. 6? CITY OF EAGAN EROSION AND SEDIMENTATION CONTROL POLICY Statement of Need The City of Eagan continues to urbanize through widespread residential and commercial/industrial development. During many development construction projects that are underway each year within the City, much of the existing vegetation is removed and the land is graded. The conversion of natural or agricultural land cover to residential or urban land use greatly increases the potential for soil erosion, uncontrolled runoff; and sedimentation. Sediment from erosion can damage existing property, clog stormwater systems, fill wetlands, pollute surface waterbodies, alter drainage patterns, impact streets, and foul sidewalks. Cleaning up sediment can be costly and time-consuming to all parties involved. Impacts to waterbodies can be ecologically irreversible. The City of Eagan recognizes the need for an Erosion and Sedimentation Control Policy to guide and manage land-disturbing activities in order to preserve and enhance Eagan's natural resources and to maintain an effective stormwater conveyance system. The following are the specific goals of this policy: • Protection of the quality of surface water resources • Preservation of wildlife habitat • Reduction of sedimentation in wetlands and waterbodies • Unrestricted operation of the stormwater system • Prompt site restoration to reduce the negative environmental effects of construction activities Legal Basis The Federal Clean Water Act and Minnesota Statutes Chapter 103 provide the foundation for an erosion and sedimentation control policy in the City of Eagan. City Code refers to erosion control in various sections, including: Excavations and Fills, § 4.30; Obstructions in Streets, § 7.05; Regulation of Grass, Weeds, Trees, and Landscaping, § 7.08; Planting and Maintenance of Trees and Grass on Private Property, § 10.21; Shoreland Zoning, § 11.21; and Data and Design Standards, § 13.30. According to City Code § 13.30, subd 13: The City will enforce environmental protection and erosion control in the development of subdivisions within the City. This includes off development sites as well as wetland areas. Purpose The purpose of this policy is to control and reduce soil erosion and sedimentation within the City of Eagan. The policy provides standards and specifications for conservation practices that abate and diminish the problems of soil erosion, uncontrolled runoff, and sedimentation caused by land-disturbing activities. Erosion and Sedimentation Control All construction projects permitted by the City of Eagan, which disturb vegetative or non-vegetative surfaces protecting soils from erosion, require the use of this policy. Permits and activities affected by this policy include all grading/fill permits, building permits, development applications, and the installation of utilities. The City Engineer and/or Building Official may impose special conditions to permits that stipulate erosion control procedures and may direct the installation of erosion control measures and the cleanup of erosion at construction sites. qo CITY OF EAGAN GRADING, DRAINAGE AND EROSION CONTROL PLAN REQUIREMENTS Grading or drainage and erosion control plans shall be prepared to conform to City Code § 13.30 and shall include the following specific information (Certificate of Survey for building permits shall include additional information as noted *): 1. Existing (dashed) and proposed (solid) contours at 2-foot intervals to mean sea level datum, extending 10 feet beyond subject parcel 2. Building footprints (existing and proposed) with pad elevations and unit type* 3. State- and City-reference naming of lakes, ponds, wetlands, and stormwater basins, and other appropriate information, such as proposed normal water level (NWL) and high water level (HWL) elevations; ordinary high water (OHW) elevations of public waters; proposed wet and dry storage volumes; and stormwater drainage areas and boundaries. 4. All stormwater lines, including inlets and outlets at ponds* 5. Locations and specifications of all erosion and sedimentation control techniques, including temporary and permanent seeding and mulching specifications* 6. Existing trees to remain* (Include this information on a separate sheet for tree preservation plan) 7. Delineated boundaries of all wetlands and location of wetland boundary markers* Water Quality Requirements: 1. Locate and specify adequate ponding area and volume 2. Include the total area of the site and the total area of proposed impervious cover (rooftops, driveways, sidewalks, streets, etc.) 3. Indicate all stormwater drainage areas and boundaries of the site See also separate handout Wetlands Inventory & Replacement Plan: There are three levels of submittal requirements that need to be addressed: Level 1. No wetlands on the site Level 2. Wetlands on the site, but no impacts are proposed Level 3. Draining, filling or excavating any wetland area. If wetland impacts are proposed, a replacement and monitoring plan may need to be submitted for approval by the City and State and Federal agencies. See also separate handouts on the Minnesota Wetland Conservation Act 2 91 CITY OF EAGAN EROSION AND SEDIMENTATION CONTROL REQUIREMENTS 1. Erosion and sedimentation control measures shall conform to the Minnesota Pollution Control Agency's Best Management Practices (BMPs) Manual Protecting Water Quality in Urban Areas (revised 3.1.2000), unless otherwise indicated by reference to Eagan Standard Plates. Installation, maintenance, and removal of all erosion and sedimentation control measures shall be the responsibility of the developer/contractor. 2. All erosion and sedimentation control measures shall be in place, functioning, and inspected by the City once the foundation has been backfilled. If damaged or removed during construction, all erosion and sedimentation control measures shall be restored, in place, and functioning at the end of each workday. 3. Any additional erosion and sedimentation control measures deemed necessary by the City before, during, or after grading activities shall be installed at the request of the City. 4. For sites greater than 5.0 acres, as required by MPCA permit requirements, the developer/contractor shall keep an erosion control inspection log. Inspection shall be made once every 7 days and within 24 hours after every rain event. Inspection records shall be made available to the City within 24 hours of a request to review such records. 5. Silt fence installation requirements: a) All silt fences shall be in place and functioning at the end of each workday. b) In addition to silt fence shown on the approved building permit's Certificate of Survey, silt fence shall be installed and maintained behind the curb at a maximum distance of 5 feet, once the foundation has been backfilled. A portion of silt fence may be removed if needed for deliveries, but shall be reinstalled once the delivery vehicle is gone. c) Two (2) rolls (or 36" wide) of sod shall be installed alongside the curb after construction of curb and gutter and after completion of grading alongside curb and gutter. d) Silt fence shall be installed around all wetlands and across swales leaving property. e) To the maximum extent practicable, silt fence shall be oriented parallel to contour lines. Where silt fence is not oriented in this fashion, J-hook checks shall be implemented, especially where the silt fence is oriented perpendicular to contour lines. f) At its discretion, the City will review locations of silt fences as grading occurs. The developer/contractor shall adjust silt fence installation and maintenance, as directed by the City. g) All nonfunctional silt fences shall be repaired or replaced within 24 hours when trapped sediment reaches 1/3 of the aboveground fence height. h) All silt fence materials shall be removed as soon as possible once permanent ground cover is established. 6. No deviations shall be made from the elevations shown on the approved grading plan, without prior approval by the City. f?6;L 7. All grading operations shall be conducted in a manner to minimize the potential for site erosion, including: a) Phasing of grading, if possible. The developer shall not initiate grading within shorelands or near waters of the state without prior review and approval by the City. b) Leaving an undisturbed, vegetated buffer between waters of the state and any grading activities. c) Grading all slopes such that finished tracking marks from heavy equipment are parallel to contour lines. d) Finishing and stabilizing all slopes adjacent to wetlands, drainageways, and any waters of the state as soon as possible. e) Installing erosion and sedimentation control measures to prevent sediment from being transported onto adjacent properties. Any damage to adjacent properties shall be corrected and restored by the developer/contractor as soon as permission is granted from the appropriate property owner(s). 8. Water in excess of the normal water level (NWL) for any pond or waterbody on a construction site shall be removed in a way that does not impact the quality or condition of nearby wetlands and lakes. The following provisions shall be implemented, as appropriate: a) Water discharged from a depressed area shall be directed to a sediment pond or shall be filtered prior to discharge to a wetland, waterbody, or the City stormwater system. b) Energy dissipation devices shall be installed where channelized flows or pump hoses discharge to areas with exposed soils. Where pump hoses discharge to stable, vegetated areas, such devices may not be necessary. Silt fence shall not be used for energy dissipation. c) Discharge of fill (including sedimentation water) to wetlands is regulated either under the Minnesota Wetland Conservation Act (by the City of Eagan) or the Public Waters Work Permit Program (by the Minnesota Department of Natural Resources) and Sections 401 and 404 of the Federal Clean Water Act (by the Corps of Engineers). 9. A rock/gravel driveway entrance pad (refer to Eagan Standard Plate #804) for site access from the street shall be in place prior to construction activities under all grading/fill permits, building permits, and development applications. All contractors shall use rock/gravel driveway entrance pads for site ingress and egress. All rock/gravel driveway entrance pads shall be maintained or replaced if they become sediment laden. 10. Soil tracked from a construction site is the responsibility of the general contractor. The City strongly recommends general contractors to direct their subcontractors and delivery operators to clean up any debris in the street caused by their activities. 11. The developer/contractor, or a designated agent shall remove dirt/debris deposited onto a public street, or a private street with a public storm sewer, prior to the end of the workday. 12. In the judgment of City staff, a mobile street sweeper shall be required at the expense of the general contractor/permit holder if the integrity of the City's stormwater system or public streets is compromised by construction activities. 4 73 13. All areas disturbed by grading, excavation, and backfilling operations shall be restored in accordance with the restoration portion of the grading plan. In accordance with the NPDES General Stormwater Permit, all exposed soil areas within 100 feet of a water of the state or any stormwater conveyance system, which is connected to a water of the state, shall be stabilized within 7 days (greater than 3:1 slopes), 14 days (10:1 to 3:1 slopes), or 21 days (less than 10:1 slopes). 14. Prior to issuance of a Certificate of Occupancy, all disturbed areas shall be sodded or seeded/mulched, or all necessary erosion control devices shall be properly established and functioning. 15. City staffs check erosion and sedimentation control measures frequently throughout building construction or site development. All erosion and sedimentation control measures shall be continuously maintained until such time that permanent vegetation or turf is established. The following actions may be taken for non-compliance: a) A verbal and/or written correction notice will be issued, followed by a phone call to the developer/contractor to insure notification was received. b) If corrections are not in compliance within 48 hours of notification, the City may take the following steps: Refusal of building inspections ¦ Issuance of stop work order 16. The failure of the developer/contractor to comply with the erosion control plan or the supplementary instructions of the City, or its designated agent, shall cause the City to take such actions it deems appropriate to control erosion. a) Except in cases of emergency, the City will notify the developer/contractor three (3) days in advance of any proposed action. b) The developer/contractor shall reimburse the City for all related costs incurred for such work within ten (10) days of notice by City of the actual costs paid by the City. c) The City may draw on the Financial Guaranty of the development to pay all related costs. Approved by Eagan City Council on April 17, 2001 74 DRAFT-4.8.02 §4.32 LAND DISTURBANCE AND EROSION CONTROL REGULATIONS A. FINDINGS AND PURPOSE STATEMENT. The City Council finds it is in the best interest of the City of Eagan to protect, preserve, and enhance the City's natural resources, storm water and right-of-way systems and public and private land and to encourage a resourceful and prudent approach to the development and alteration of land. In the interest of achieving these objectives, the City of Eagan has established erosion and sedimentation control management regulations herein to promote the furtherance of the following: Protection and preservation of the City's natural resources; 2. Orderly development of land to minimize wetland and land habitat loss; 3. Minimization of the impacts to water bodies, trees and wooded areas resulting from development during the construction phase and from the conditions created by its completion; 4. Establishment of standards for land disturbing activity to mitigate environmental impacts to water quality of wetland and other water bodies, storm water and drainage systems, trees, vegetation and wildlife; 5. Creative land use and environmentally compatible site design which preserves and protects natural resources and public utility systems during and as a result of development; and 6. Enforcement of natural resources management standards to promote and protect the public health, safety and welfare of the community. B. DEFINITIONS. For purposes of this Section, the following terms shall be defined as stated: APPLICANT shall mean any person or entity who is required to submit and implement a City-approved Land Disturbance and Erosion Control Plan under this Section. CRITICAL ROOT ZONE OF A TREE shall have the meaning as set forth in the tree preservation regulations of this Code. DRIP LINE (OF A TREE) shall have the meaning as set forth in the tree preservation regulations of this Code. 957 DRAFT-4.8.02 LAND OR PARCEL OF LAND OF SUBJECT PROPERTY OR SUBJECT PROPERTY shall mean an entire lot or parcel, as defined by the zoning regulations of this Code, on or within the boundaries of which a project subject to the requirements of this Section is occurring, has occurred or is to occur. LAND DISTURBING ACTIVITY shall mean any excavating, grading, clearing, filling, or other earth change which may result in: (1) The movement of more than ten thousand (10,000) square feet of earth; (2) Any alteration of land by more than five (5) feet from the existing contour of the ground on any contiguous one thousand (1,000) or more square feet of ground; or (3) Any other activity that changes the existing or natural contour of the land which changes drainage. For purposes of this Section, excavation or grading for agricultural purposes on agriculturally zoned property shall not constitute land disturbing activity provided such activity is no closer than fifteen (15) feet from any edge or delineated boundary of any water body. LAND DISTURBANCE AND EROSION CONTROL PLAN shall mean and consist of required general information, an erosion and sedimentation control component, tree preservation component, and drainage and grading component. NEW BUILDING CONSTRUCTION shall mean the construction of any principle building or structure upon a parcel of land or platted lot. NEW DEVELOPMENT shall mean the process whereby improvement to an entire site occurs in one continuous process or in more than one distinct phase, including but not limited to the following activities: initial site grading; installation of utilities; construction of public streets; construction or grading of drainage ways; other grading or filling of any area within the site; grading of building pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, or private streets; and any other construction or land disturbing activity within the subject property or site. PROJECT MANAGER shall mean the applicant or the applicant's duly authorized representative who has been conferred the duties by the applicant to implement, complete and manage the project to which the approved Land Disturbance and Erosion Control Plan applies under this Section. SIGNIFICANT TREE shall have the meaning as set forth in the tree preservation regulations of this Code. TREE CANOPY shall mean the horizontal extension of a tree's branches in all directions from its trunk. 76 DRAFT-4.8.02 WATER BODY (BODIES) shall mean any natural or man-made wetland, drainage or storm water area, stream, or lake. WETLAND shall mean any area with surface or sub-surface hydrology, having hydric soils, and hydrophytic vegetation as defined in the Minnesota Wetland Conservation Act. WETLAND BUFFER ZONE shall mean the area between a line delineating the wetland boundary and a line parallel to and upland thirty (30) feet from the wetland boundary. WETLAND BOUNDARY shall mean the line delineating the outer edge of a wetland which is established according to the United States Army Corp of Engineers Wetland Delineation Manual (January 1987). C. PERMIT AND PLAN 1. LAND DISTURBANCE PERMIT. a. Permit required A Land Disturbance Permit (LDP) shall be required before any land disturbing activity occurs in connection with any of the following: (1) New development in any zoning district; (2) New building construction in any zoning district; (3) Any project which requires a building permit and will result in the expansion of any existing building or impervious surface unless the City determines that no natural resources, such as trees or water bodies, will be directly affected by the project; or (4) Any land disturbing activity or project, including excavations regulated in Chapter 4 of this Code, that directly or indirectly affects natural resources, such as slopes, trees or water bodies. b. Permit application. The application for the permit shall be made in writing to the City on such form as the City may, from time to time, designate and shall include such information as the City shall require. c. Review and Approval of Permit Application. (1) Projects of five (5) or more acres. Projects of five (5) or more acres and all subdivisions shall be submitted to and approved by the City Council. Projects on platted lots of record of less than five (5) acres shall be approved administratively by City staff, unless City staff presents it to the City Council for its review and approval. (2) Permit and plan approval. 1?7 DRAFT-4.8.02 (a) Submittal. Any application for a Land Disturbance Permit shall be submitted to the City, along with the Land Disturbance and Erosion Control Plan and required fees, at least fifteen (15) business days prior to the City's consideration of the application. The following requirements shall be met: (i) The land disturbing activity for which the Permit is sought shall be in connection with (a) new development; (b) building or structure construction; or (c) landscaping on an improved individual single family lot, for which a site plan shall be submitted and approved by the City. (ii) The plan shall be consistent with any approved subdivision grading plan; (iii) The plan shall be consistent with the City's overall stormwater management plan; (iv) The plan shall not adversely impact neighboring properties; (v) The plan shall minimize any irreparable adverse impacts to natural resources upon the subject property. (vi) The plan shall meet the requirements of this Section; and (vii) The plan shall provide for and include any of the following temporary safety requirements if the City determines that the project mandates all, or a combination thereof, of the following requirements for the protection of public safety, health and welfare: 1. Properly fence any slope of 3:1 or greater that is adjacent to a project property line and which is deemed hazardous or dangerous by the City; 2. Slope the banks, fill, level off any depression or mound or otherwise place in such condition at any time so as not to be dangerous because of sliding or caving banks; and so as to minimize or stop erosion or dust during or after the grading operation; and 3. Properly drain, fill, or level off any graded or ungraded area so as to make the same safe and healthful, unless otherwise approved by the City. 4 98r DRAFT-4.8.02 (b) Approval. Upon finding that the above requirements have been met and after City approval of the Land Disturbance and Erosion Control Plan, the City will issue a permit in accordance with the provisions of this Section. d. Expiration of permit and plan. Any Land Disturbance Permit issued pursuant to the requirements of this Section shall expire two years from the date of issuance if significant progress of the work covered by the Permit is not accomplished, unless an extension of the Permit is requested by the applicant and approved by the City. e. Revocation of permit. Failure to comply with the approved terms and conditions of a Land Disturbance and Erosion Control Plan shall be grounds for revocation of the Land Disturbance Permit, or other permit or approval issued in lieu thereof, by the City Council, following a public hearing. Written notification of the public hearing shall be mailed at least ten (10) days prior to said hearing to the current holder of the Permit. Such notice should outline the violation(s) considered by the City to be grounds for revocation and inform the current holder of the permit of the opportunity to be heard at such public hearing. f. Other permit or approval in lieu of LDP. When a building or grading permit is issued in connection with project, or a new development project is approved by the City as required in this Code, the building or grading permit or other new development approval by the City may be in lieu of the Land Disturbance Permit required hereunder, provided the applicant shall comply with all other regulations herein, including but not limited to submission and approval of and compliance with a Land Disturbance and Erosion Control Plan. 2. LAND DISTURBANCE AND EROSION CONTROL PLAN a. No permit shall be issued unless a Land Disturbance and Erosion Control Plan (LDECP) is submitted to and approved by the City. All LDECP's shall include the following: (1) General information. (a) Delineation of the subject property and the location of existing and proposed buildings, structures and impervious surfaces on the subject property; (b) Description of the construction or land disturbing activity to be performed on subject property and proposed project schedule; (c) Identification of all water bodies located on and within thirty (30) feet of the subject property's boundaries, including the NWL, HWL, and OHW elevations and if a water body is intended to be used for water quality treatment, identify the dead storage volume and area of the NWL; (d) Identification of all wetland buffer zones; '7? DRAFT-4.8.02 (e) Except for projects on R-1, R-2, R-3 and Estate zoned properties, topographical data, including existing (dashed) and proposed (solid) contours at vertical intervals of not more than two (2) feet, except that contour lines shall be no more than one hundred (100) feet apart; (f) Temporary benchmarks shall be established within the boundaries of the project area. Descriptions, reference ties and elevations of the benchmarks shall be fiunished to the City. All elevations, topography and vertical control data shall be tied to sea level datum, 1929 general adjustments; and (g) The location and size of all existing sanitary sewer, water or storm sewer, and services on or adjacent to the property. (2) Erosion and sedimentation controls. (a) Delineation of all areas to be graded or excavated, and the limits of land disturbing activities; (b) Identification of measures to be utilized to control erosion and sedimentation within and from the subject property during the project activity as required herein; (c) Identification of all permanent erosion control measures and a completion schedule; (d) Identification of the location of dirt or soil storage or stock pile areas to be utilized on the subject property; and (e) Identification of all measures to be utilized to protect water bodies and wetland buffer zones. (f) Identification and use of the "best management practices" for temporary erosion and sedimentation control as recommended by the Minnesota Pollution Control Agency in its publication Protecting Water Quality in Urban Areas, (2000), or as amended, including but not limited to: (i) Perimeter erosion control devices, including but not limited to silt fencing; (ii) Phased grading; (iii) Temporary seeding; 6 $D DRAFT-4.8.02 (iv) Storm drain inlet protection devices; (v) Rock construction entrance; (vi) Tree drip line or critical root zone perimeter protection for trees; (vii) Removal of all debris, dirt and soil from impervious ground surfaces, including abutting public or private roadways and sidewalks, in connection with the subject property; (viii) Sediment basins and flow diversions; and (ix) Any other erosion and sedimentation control device as deemed necessary by the City. (3) Tree preservation. (a) An accurate inventory of significant trees on the subject property, including identification of the size, species, condition and location of each significant tree. On large wooded sites, forest measuring methods may be used to determine the total diameter inches of trees outside the area of the proposed land disturbing activity; (b) Identification of all significant trees on the subject property proposed to be removed or that will be lost as a result of the land disturbing activity; (c) Identification of measures to be utilized to protect and preserve the significant trees proposed to be preserved. (d) The Plan shall identify and require the following tree protective measures: (i) Protective fencing around the outer edge of the critical root zone of all significant trees to prevent erosion, trenching, stockpiling, soil compaction or any other root damaging activity within the zone; and (ii) Pruning paint applied to any damaged bark or branch of a significant oak tree at any time between and including April 15 and July 1. 7 8/ DRAFT-4.8.02 (4) Drainage and grading. (a) Except for projects on R-1, R-2, R-3 and Estate zoned property, Identification of proposed contour grading on the site at vertical intervals of not more than two (2) feet; (b) The estimated time required to complete the work and the amount of material to be moved on the site and the amount to be removed from the site; (c) A map showing the stages or limits of grading together with the existing or proposed finished elevations based on sea level readings; (d) Identification of proposed building bench elevations and direction of flow of surface water within each lot; (e) Methods of controlling dust; (f) Submission of preliminary plans or program for water supply, sewage disposal, drainage and flood control; (g) Soil borings, if required by the City engineer; and (h) Drainage and grading design requirements shall be as follows: (i) No land shall be developed and no use shall be permitted that results in water run-off causing flooding (drainage in excess of the natural drainage anticipated by the City Stormwater Management Plan) or erosion on adjacent property. Run-off shall be properly drained via overland drainage ways or channeled into a storm sewer system drain, watercourse, ponding area or other suitable facility approved by the City; and (ii) A drainage plan for all new commercial, industrial, multiple residential and institutional developments shall provide for a 6-inch rainfall in 24 hours as calculated in accordance with the modeling SCSTR-20 methodology. b. In addition to all other plan requirements in this Section, the property owner shall submit to the City an approved copy of the temporary and permanent erosion and sedimentation control plan and permit as required for the NPDES Construction Storm Water Permit issued by the MPCA. Y ? DRAFT-4.8.02 D. APPEALS OF DECISIONS. The applicant may appeal any requirement, decision or determination by the City in connection with any provision of this Section pursuant to the procedures as set forth in the zoning regulations regarding Board of Appeals and Adjustments. E. EXEMPTIONS The provisions of this Section shall not apply to public utility and right-of-way installation and maintenance projects, which are regulated elsewhere in the City Code. F. COMPLIANCE WITH PLAN. 1. Compliance required. The applicant shall implement and comply with the Land Disturbance and Erosion Control Plan (LDECP) prior to and during any construction or land disturbing activity under the Land Disturbance Permit to which this Section applies. All erosion and sedimentation control and tree preservation measures required under the Plan shall be properly installed and remain in place until all grading and construction activity is completed or until a written request for removal of the protection measures is made to and approved by the City. No construction or land disturbing activity to which this Section applies or removal of any significant trees may occur until the LDECP is approved by the City and except in accordance with the approved LDECP. Failure to comply with the approved terms and conditions of an LDECP shall constitute a violation of this Code. 2. Determination of compliance. The City shall have the right to enter and inspect the subject property in order to determine compliance with the approved LDECP. The City shall have the right to order the suspension of any grading or construction activity on the subject property until compliance with the LDECP has occurred. 3. Finding of noncompliance. Upon a finding of noncompliance, the City shall use the following procedure with respect to notification and corrective measures: (a) The City shall personally serve upon the project manager, or other responsible person, and by certified U.S. mail upon the property owner, if different than the project manager, a written notification of the violation of the approved LDECP. (b) If remedial work is not completed and compliance with the LDECP has not occurred within forty-eight (48) hours of service of the violation notification, the City may complete remedial or corrective work and any costs incurred in connection with taking remedial action or installing corrective measures may be recovered from the applicant's performance security bond. In the alternative, the City may revoke any construction-related permit and order the termination of all construction activity on the subject property until the subject site is in compliance with the LDECP. 9 3,3 DRAFT- 4.8.02 G. EMERGENCY CORRECTIVE ACTIONS. In the event circumstances exist such that noncompliance poses an immediate danger to the public health, safety and welfare, as determined by the City, the City may take emergency corrective action to prevent any such danger. The City shall take reasonable action to contact and direct the owner of the subject property to take any necessary action. Any costs incurred by the City in connection with any emergency action may be recovered from the applicant's performance security. H. CONFLICT WITH OTHER LAWS If the requirements of this Section are in conflict with any other federal, state or local law, the stricter requirements shall be enforced. L FINAL "AS-BUILT" GRADE PLAN. Upon completion of, under a permit issued under this Section, an "as-built" grading plan shall be required. This paragraph shall not apply to any activity under a single lot building permit project on a R-1, R-2, R-3 and Estate zoned property not in connection with a new development. The "as-built" grading plan shall depict the actual field grade conditions of the subject property and depict any changes from the original grading plan submitted to and approved by the City. If building permits are requested prior to completion of the "as-built" grading plan, "as-built" grading plans shall be required for the individual lots associated with those building permits. All "as-built" grading plans shall be certified by a registered civil engineer and submitted to the City in a format as required by the City. J. TREE PRESERVATION REQUIREMENTS. Removal or loss of significant trees shall be in accordance with the City approved LDECP and the tree preservation regulations in Chapter 11 of this Code. K. FEES. Fees associated with this Section shall be set by a duly adopted resolution by City Council. L. SECURITY. 1. Security required The applicant shall provide security for the performance of its obligations pursuant to this Section. The security shall be in a form required by the City, including, letter of credit, cash or escrow deposit and all in such form and substance that shall save the City free and harmless from all suits or claims for damages resulting from the negligent grading, removal, placement or storage of rock, sand, gravel, dirt, clay or other like material within the City. This security, running to the City, shall be conditioned to pay the City the cost and expense of bringing the subject property into compliance with the approved Land Disturbance and Erosion Control Plan, and/or the cost and expense of repairing any highways, streets or other 10 ev DRAFT-4.8.02 public ways within the City, made necessary by the special burden resulting from the hauling and transporting thereon by the applicant in the removal or placement of rock, dirt, sand, gravel, clay or other like material. This Section shall not apply to an applicant who is performing new construction or any project activities, for which security is required under other City approved process or requirements. This exemption shall not apply if it is determined that there is a strong potential for environmental degradation. 2. Amount of security. The amount of security shall be set by a duly adopted resolution by City Council in order to accomplish compliance with the approved Land Disturbance and Erosion Control Plan in addition to any other security performance required by any other regulations in this Code. The estimated cost shall be subject to approval by the City. 3. Release of security. The security shall be retained until completion of all Plan requirements. The City may release the security at that time unless the City, upon inspection, finds the project is not in compliance with all requirements of the approved Land Disturbance and Erosion Control Plan. If non-compliance is found, the City may retain that portion of the security equal to the cost of bringing the project into compliance with the approved Land Disturbance and Erosion Control Plan. 4. City remedy. If compliance with the approved Land Disturbance and Erosion Control Plan is not accomplished within the allowable time period, the City may bring the project into compliance by use of the security. 5. Exemptions. The City shall be exempt from the requirements of this Section. M. STORM WATER REGULATIONS. All construction, land disturbing activity and development shall comply with the City's Stormwater Management Plan. N. WETLAND CONSERVATION REGULATIONS. Except as otherwise provided in this Code, the Minnesota Wetland Conservation statutes and regulations (commonly referred to collectively as the Minnesota Wetland Conservation Act), as amended through Laws 2001, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. 11 85 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATIONS, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY AMENDING SECTION 4.30, SUBDIVISION 2(A) AND SUBDIVISIONS 3(A) AND 3(B)(8) REGARDING GRADING PERMIT REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER I AND SECTION 4.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by changing Section 4.30, Subd. 2(A), to read as follows: Subd. 2. Permit required (unlawful act). A. It is unlawful for any person to remove, store or excavate earth material or to fill or raise existing surface grades without first obtaining a dins permit from the council. Section 2. Eagan City Code Chapter Four is hereby amended by changing Section 4.30, Subd. 3(A), to read as follows: Subd.3. Application. A. Application for said a grading permit shall be made in writing to the council on such forms and shall include such information as prescribed by the city including the location and plan of removal or fill of earthly deposits from such location. Section 3. Eagan City Code Chapter Four is hereby amended by changing Section 4.30, Subd. 3(B)(8) by adding clause (g) to read as follows: (g) Information required for a Land Disturbance Permit under this Code not otherwise provided herein Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. $'6 S-ec on 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Patricia E. Awada Its: Mayor 82 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.21, SUBDIVISION 2(C) REGARDING TURFGRASS PLANTING AND MAINTENANCE REGULATIONS; 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 changing section 10.21, Subd. 2(C), to read as follows: C. Turfgrass and meadow or woodland conditions establishment standards. Turfgrass required All disturbed or maintained areas of property which are not described in paragraph D(2) or occupied by buildings, parking, storage, landscape beds or other physical improvements shall be covered by maintainable turfgrass which is compatible to the existing property conditions, including soil, slope and shade conditions. All turfgrass shall be established through sodding or seeding and mulching within eight months of the issuance of the certificate of occupancy or within 12 months of issuance of a building permit, whichever is earlier. Any turfgrass establishment on and within three feet of all impervious surfaces shall be accomplished through sodding. The property owner shall be responsible for supplemental watering of all areas established with turfgrass to insure sufficient establishment and root development. All areas of the property shall comply with the provisions of the and, shefler- period ef time fer- eemp*ee with this pFwvisien. Land Disturban ce and Erosion Control regulations and any other provisions of the City Code and in effect for the property, 2. Nonapplication of turfgrass establishment requirement. No more than 50 percent of all disturbed or maintained areas requiring turfgrass may be restored to a meadow or woodland condition, provided the following requirements are met: (a) The vegetation presently existing in the proposed restoration area shall be eliminated in its entirety, and the meadow or woodland vegetation shall be established through transplanting, seeding or other means of propagation. 79 (b) No area restored to a woodland or meadow condition shall have any noxious weeds or any prohibited tree species as provided in this section. (c) A minimum of three feet of turfgrass shall be established and maintained along the edge of a property where a meadow or woodland restoration area abuts turfgrass areas on an adjoining property in order to provide a transition zone between the two types of plant communities. (d) Soil erosion shall be controlled during the transition period of a meadow or woodland restoration, and all areas of the property shall comply with the provisions of the . Land Disturbance and Erosion Control Plan and in effect for the property. Section 2. 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 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Maria Karels Its: City Clerk CITY OF EAGAN City Council By: Patricia E. Awada Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 0V 7 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 11.10, SUBDIVISION 15(CX2)(h) REGARDING LANDSCAPING REGULATIONS; 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 changing Section 11.10, Subd. 15(CX2)(h), to read as follows: (h) Erosion control. All areas of any site shall be restored and maintained in accordance with the Land Disturbance Erosion Control regulations and an other provisions of the City 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: Maria Karels Its: City Clerk By: Patricia E. Awada Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: flo 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 11.21, SUBDIVISION 9(I)(1)(b)(1) REGARDING SHORELAND ALTERATIONS; 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 changing Section 11.21, Subd. 9(I)(1)(bxl), to read as follows: (1) Clearcutting and intensive vegetation clearing within the shore impact zones and on steep slopes shall be prohibited. No intensive vegetation clearing for forest land conversion to another use outside of these areas shall be conducted without first obtaining a conditional use permit. No such permit shall be issued unless a Land Disturbance and Erosion Control Permit and Plan is approved in accordance with the provisions of Chapter Four of this Code and sedlan is approved by the soil and water conservation district in which the property is located. 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: Maria Karels Its: City Clerk By: Patricia E. Awada Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 91 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THIRTEEN ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY AMENDING SECTION 13.30, SUBDIVISION 1(DX2) REGARDING GENERAL GRADING/DRAINAGE/EROSION CONTROL PLAN FOR SUBDIVISIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Thirteen is hereby amended by changing Section 13.30, Subd I (DX2) by adding clause (j) to read as follows: (j) Any other information required not otherwise required herein. for a Land Disturbance and Erosion Control Plan under this City 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 13.99, 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 Its: City Clerk By: Patricia E. Awada Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: ?01 Agenda Information Memo April 16, 2002 Eagan City Council VII. NEW BUSINESS A. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION (WOODGATE COVE) - RHB, INC. ACTION TO BE CONSIDERED: To approve a rezoning to Preliminary Planned Development for eight single-family lots with a private street on approximately 2.2 acres located west of Woodgate Lane and south of the Highline Trail in the SE %4 of Section 29, subject to conditions listed in the APC minutes. To approve a Preliminary Subdivision to create eight single-family lots and two outlots on approximately 2.5 acres located west of Woodgate Lane, north and south of the Highline Trail in the SE'/4 of Section 29, subject to conditions listed in the APC minutes. FACTS: • A recent settlement agreement between the City and EHW provided that the development of the subject site was allowed to include no more than eight detached single-family houses. • The application proposes a Preliminary Subdivision to create eight lots and two outlots and a Preliminary Planned Development, rezoning the southern 2.2 acres of the property from R-1 (Single Family Residential) to PD, for the construction of eight single-family homes. • The proposed Planned Development is requested to accommodate small lots and a private street within the development, and pertains to the southerly 2.2 acres of the site. The northerly 0.3 acres will retain the existing R-1 zoning designation and be platted as an outlot. • Access into the site will be provided by a private cul-de-sac from Woodgate Lane. • The proposed 8-unit development on 2.2 acres has a density of 3.6 units per acre, which is consistent with the Low Density land use designation (0-4 units per acre). • Since the APC meeting, the developer has revised the development plans to incorporate a tuckunder house style, which requires less site disturbance, and increases trees preservation. The basic site design and development plans have not changed. • The APC held a public hearing on March 26, 2002and recommended approval of both requests. ISSUES: • The settlement agreement between the City and the previous property owner, EHW, also states " ... Eagan agrees that dedication obligations (including but not limited to park dedications, trail dedications, and street oversizing) ... are deemed to be satisfied in full." Though not specifically identified in the agreement, the developer is requesting that the cash water quality dedication be considered as one of the fees deemed to be satisified. ATTACHMENTS (2): March 26, 2002, APC mutes, pagesthrough Staff Report, pages through 93 City of Eagan Advisory Planning Commission Meeting March 26, 2002 DR4FT Page 3 B. REZONING & PRELIMINARY SUBDIVISION - RHB, INC. A Rezoning of approximately 2.5 acres from R-1, Single family to PD (Planned Development) and a Preliminary Subdivision (Woodgate Cove) to create eight lots and two Outlots for property located on the west side of Woodgate Lane between Woodgate Court and Drake Drive in the SE'/4 of Section 29. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 20, 2002. She noted the background and history. Dick Braun, RHB, Inc. representative announced his availability to answer questions. Two residents expressed the following concerns: • Increase in traffic and the effects on pedestrians with the walking path so close. • Property value depreciation. • Wildlife endangerment. • General congestion of the area. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Bendt questioned the grading plan. Jenny Hattervig, Pioneer Engineering, stated grading options are limited due to the two percent slope at the bottom of the hill. She stated the presented grading plan will change due to new building plans with smaller footprints which will allow the developer to maintain more of the hill. Mr. Braun distributed an illustration of a different style of home with tuckunder garages that will allow for additional tree preservation and less dirt removal. Chair Huusko inquired about the price ranges of the homes. Mr. Braun stated the starting price would be $190,000 for the smaller home and $235,000 for the larger homes. He described the square footage and layout of the homes. Member Nosbush questioned the tree preservation plan. Jenny Hattervig stated changing the grading plan, which is being done, is the only option for tree preservation and more trees will be preserved, but it is still unknown exactly how many. 9y City of Eagan Advisory Planning Commission Meeting AFT March 26, 2002 Di' t Page 4 Member Stackhouse inquired about the intentions for the 0.3 acre northerly parcel of the property. Mr. Braun discussed the possibility of donating it to the City. He stated the definite intention for the property has yet to be determined. Member Steininger inquired about the ownership and responsibility of Outlot B (the northerly parcel). Mr. Braun stated Outlot B will be developer owned and will not be part of the homeowners' association. Chair Huusko requested that Staff address the traffic concerns. Assistant Engineer John Gorder stated the proposed subdivision would add approximately 70 to 80 cars per day to the area. He stated traffic congestion would not be an issue. Member Nosbush moved, Member Steininger seconded a motion to approve the Preliminary Subdivision to create eight single-family lots and two outlots on approximately 2.5 acres located west of Woodgate Lane, north and south of the Highline Trail in the SE'V4 of Section 29 subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, Cl, C2, Dl, and El. 2. The property shall be platted. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City attorney's office prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. 4. The developer shall dedicate adequate drainage and utility easement over the existing sanitary sewer and storm sewer pipes within Outlot B. 5. This development shall fulfill its tree preservation mitigation through the installation of thirty-four (34) category B trees (or an equivalent combination of category A and/or category C trees). 6. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter Is- City of Eagan Advisory Planning Commission Meeting DR AFT March 26, 2002 Page 5 of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 7. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 8. A cash dedication in lieu of on-site water quality ponding shall be required for this development. All voted in favor. Member Nosbush moved, Member Steininger seconded a motion to approve the rezoning to Preliminary Planned Development for 8 single-family lots with a private street on approximately 2.2 acres located west of Woodgate Lane and south of the Highline Trail in the SE 1/4 of Section 29 subject to the following conditions: The property shall receive final subdivision/plat approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Landscape Plan Final Building Elevations Plan Final Site Lighting Plan 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City attorney's office prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. 4. The minimum required front yard setback is 20 feet from the curb on a private cul-de-sac. A 30-foot minimum setback is required from Woodgate Lane, and within the development the applicant is proposing side and rear yard setbacks consistent with R-1 zoning - ten-foot side yard setbacks for the house and five feet for the garage, and 15-foot rear yard setbacks. Decks must also adhere to these minimum setbacks. 5. Each unit shall provide a two-stall garage as a minimum. 96 City of Eagan Advisory Planning Commission Meeting DR AFT March 26, 2002 Page 6 6. Building coverage shall not exceed 20% of the lot area for any lot within the development. 7. The developer shall submit the final building elevations and exterior materials and colors with the Final Planned Development. All voted in favor. 912 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 2002 APPLICANT: RHB Development, Inc. CASE: 29-PS-02-02-02 HEARING DATE: March 26, 2002 PROPERTY OWNER: RHB Development, Inc. APPLICATION DATE: (Mar. 6, 2002) REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak Preliminary Planned Development LOCATION: West of Woodgate Lane by the Highline Trail COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single-family Residential SUMMARY OF REQUEST RHB Development, Inc. is requesting approval of a Preliminary Subdivision (Woodgate Cove), and a Preliminary Planned Development to create 8 single-family lots and two outlots on approximately 2.5 acres located west of Woodgate Lane, north and south of the Highline Tail in the SE '/4 of Section 29. The applicant is proposing to rezone only the southerly portion of the site (2.2 acres) to PD, Planned Development, and will maintain the R-1 zoning designation on the northerly portion of the site. AUTHORITY FOR REVIEW 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 9g Planning Report - RHB Development, Inc. March 26, 2001 Page 2 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 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). 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." 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: Q9 Planning Report - RHB Development, Inc. %larch 26, 2001 Pate 3 (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." BACKGROUND/HISTORY The site is vacant and unplatted. It consists of a single parcel that is physically separated by City parkland, which contains the Highline trail and Xcel Energy (formerly NSP) power transmission lines. Together the site is 2.49 acres in size. The property currently has a land use designation of LD, Low Density Residential (0-4 units per acre) and a zoning designation of R-1, Single-Family Residential. A request to rezone the southern part of the property to R-3, Residential Townhome, was denied by the City in March, 2001. A recent settlement agreement between the City and the previous property owner, EHW, indicates that the City would allow up to eight detached housing units to be developed on the southern 2.2 acres of this site. Consequently, the applicant is proposing to rezone only the southerly portion of the site to PD, and will maintain the R-1 zoning designation on the northerly portion of the site. The agreement also states " ... Eagan agrees that dedication obligations (including but not limited to park dedications, trail dedications, and street oversizing) ... are deemed to be satisfied in full." EXISTING CONDITIONS The site is wooded with relatively large variations in topography. The site is split by parkland, which contains the Highline Trail. The northern part of the property is located entirely within a 200-foot wide power line easement and contains sanitary sewer and storm sewer pipes. The power line easement also covers the north 92 feet of the southern part of the property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: /Ov Planning Report - RHB Development, Inc. March 26, 2001 Nee 4 Existing Use Zoning Guide Plan North Residential R-1, Single-family Residential LD, Low Density Residential South Four-unit townhomes PD, Planned Development MD, Medium Density Resid. East Single-family homes PD, Planned Development LD, Low Density Residential West Four-unit townhomes R-1, Single-family Resid. MD, Medium Density Resid. EVALUATION OF REQUEST Compatibility with Surrounding Area - The site is located in an area that is developed with both single-family homes and four-unit townhomes. The adjoining townhomes are developed at higher densities than this proposed development. Some of the single-family lots south of the Highline Trail across Woodgate Lane have lot sizes less than 10,000 square feet, similar to this proposed development. Density - The proposed eight-lot development on 2.2 acres has a density of 3.6-units per acre, which is consistent with the maximum of 4 units per acre specified by the Low Density land use designation. Lots - The proposed subdivision consists of eight lots for single-family homes. The lots range in area from 8,601 square feet to 13,934 square feet. Four of the lots are less than 10,000 square feet and four are over 11,000 square feet in area. The lots have a minimum width at the front setback line of 50 feet, and most of the lots are pie-shaped, providing greater width further in from the street. The Planned Development is needed to accommodate these lot sizes and widths that are less than typical R-1 zoning requirements. The proposed lot sizes are as follows: Lot # Lot Area 1 11,518 s.f. 2 9,383 s.f. 3 13,934 s.f. 4 8,601 s.f. 5 12,298 s.f. 6 11,263 s.f. 7 8,893 s.f. 8 9,117 s.f. Homeowners' Association - A homeowner's association will be necessary for common ownership and maintenance of the private street, as well as for the northern portion of the site (Outlot B). The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City attorney prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. /00/ Planning Report - RHB Development, Inc. March 26, 2001 Landscaping - A landscape plan is not required for single-family residential developments. However, new trees will be installed to satisfy tree mitigation requirements. The proposed trees consists of two varieties of oak, hackberry, maple and black hills spruce, located around the perimeter of the site. The Black Hills Spruce are proposed to be located along the western edge of the property. Grading - The site is heavily wooded with relatively large variations in topography. A majority of the site is approximately 10 tol6 feet above Woodgate Lane to the east and the existing townhouse units to the west. The site is proposed to be lowered 6 to 12 feet (at the highest point) to accommodate the proposed development. Wetlands/Water Quality - This proposed 2.2-acre single-family subdivision is located in the City's "A" Drainage District. Similar to other residential developments, additional impervious structures increase stormwater runoff within the City. However, because of the small size of this development, un-site stormwater ponding for water quality purposes is not practical. In accordance with the policies and practices of the City since 1990, this proposed development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. The amount is anticipated to be about $3,950.00. There are no jurisdictional wetlands associated with this site. Utilities - Sanitary sewer and water main are available within Woodgate Lane to the east to accommodate the proposed development. Connection to the sanitary sewer and water main systems will require removal and replacement of a substantial portion of Woodgate Lane. Access/Street Design - A private street cul-de-sac is proposed to provide access to Woodgate Lane to the east. City staff has concerns regarding the provision of the private street cul-de-sac, with maintenance the responsibility of a homeowner association. In similar previous situations, with small associations and private streets, residents have generally had difficulty in sustaining maintenance of a private street and requested the City assume its maintenance. The City has not been able to accommodate such requests due to the lack of adequate area for right-of-way dedication, and associated resulting building setbacks provided with the original development. The developer has indicated to City staff that these homes may be owned by the developer and rented to individual renters. This may alleviate the concern regarding a private street, as the developer would be responsible for its maintenance. Easements/Rights of Way/ Permits - The developer should dedicate adequate drainage and utility easement over the existing sanitary sewer and storm sewer pipes on Outlot B. Tree Preservation - A tree inventory submitted with this application indicates that there are seventy (70) significant trees in the inventory. Most are cottonwood, black cherry and elm, with a few oaks. The balance is ash and quaking aspen. /od;L Planning Report - RHB Development, Inc. March 26, 2001 Page 6 The development as proposed will result in the removal of forty-four (44) significant trees (62.9% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, residential) is set at 40.0% 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 thirty-four (34) Category B trees, which are shown on the Tree Preservation and Mitigation Plan. The Advisory Park and Recreation Commission recommended that the developer consider modifying the proposal to reduce tree loss. Parks and Recreation - Park dedication was satisfied for this site through a land dedication about 20 years ago, and pursuant to an agreement between the City and the previous property owner (EHW) the trail dedication is also considered satisfied. i reiiiuiuar) Piauucd Ucv CiupiiieuL. Description of Proposal - The applicant is proposing to subdivide and develop the southern 2.2 acres into 8 lots for single-family homes, which is consistent with the maximum four-unit per acre density allowed by the Comprehensive Guide Plan. The proposed Planned Development is requested to accommodate small lots and a private street within the development. Access is proposed via a private cul-de-sac from Woodgate Lane, which will be platted as an outlot. The northern 0.3-acre parcel is also proposed to be platted as an outlot. Architecture and Exterior Materials - The developer has submitted several conceptual building plans. Each has varying window and roof design features. These conceptual building plans demonstrate possibilities that are within the allowable buildable areas this development provides. The developer continues to explore other building plans for this development and will submit detailed elevations, including exterior materials and colors with the Final Planned Development. The APC's comments on the concept building plans will provide direction for the developer in preparation of the Final Planned Development submittal. BuildingCoverage - The conceptual building plans demonstrate building footprints that do not exceed the maximum 20% lot coverage standard for even the smallest of the proposed lots. While the developer continues to explore other building plan options, staff is confident that the 20% coverage ratio can be satisfied for all of the proposed lots. Off-Street Parking - Each of the structures will have a two-stall garage, and with a minimum 20- foot setback from the curb, an additional two-stalls of parking on can be accommodated on each driveway. This is consistent with the City's Code standards single-family developments which requires two stalls per unit. Setbacks - The minimum required front yard setback is 20 feet from the curb on a private cul-de- sac. A 30-foot minimum setback is required from Woodgate Lane, and within the development /".3 Planning Report - RHB Development, Inc. March 26, 2001 Page 7 the applicant is proposing side and rear yard setbacks consistent with R-1 zoning - ten-foot side yard setbacks for the house and five feet for the garage, and 15-foot rear yard setbacks. The conceptual building plans included in this report show footprint dimensions that are 34 and 38 feet wide. For lots that are 50 feet wide, applying 10-foot side setbacks, leaves only a 30-foot wide pad at the front setback line. As indicated previously, most of the narrower lots are pie- shaped, and if the structures are located slightly further back on the lots, the side setbacks may not be a problem. Also, as the developer is exploring other options, the final building plans may have slightly narrower footprints at the front to better fit within the proposed 50-foot lot widths. SUMMARY/CONCLUSION RHB Development, Inc. is requesting approval of a Preliminary Subdivision (Woodgate Cove), and a Preliminary Planned Development to create 8 single-family lots and two outlots on approximately 2.5 acres located west of Woodgate Lane, north and south of the Highline Tail in 1110 Jr'. '4 Ui bCCLIU11 Gy. The applicant is proposing to subdivide and develop the southern 2.2 acres into 8 lots for single- family homes, which is consistent with the maximum four-unit per acre density allowed by the Comprehensive Guide Plan. The proposed Planned Development is requested to accommodate small lots and a private street within the development. Access is proposed via a private cul-de- sac from Woodgate Lane, which will be platted as an outlot. The northern 0.3-acre parcel is also proposed to be platted as an outlot. The proposed Planned Development zoning pertains to the southerly 2.2 acres of the site; the northerly portion will retain the existing R-1 zoning designation. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create eight single-family lots and two outlots on approximately 2.5 acres located west of Woodgate Lane, north and south of the Highline Tail in the SE '/4 of Section 29. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, C1, C2, Dl, and El. 2. The property shall be platted. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City attorney's office prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. I"' Planning Report - RHB Development, Inc. March 26, 2001 Page 8 4. The developer shall dedicate adequate drainage and utility easement over the existing sanitary sewer and storm sewer pipes within Outlot B. 5. This development shall fulfill its tree preservation mitigation through the installation of thirty-four (34) category B trees (or an equivalent combination of category A and/or category C trees). 6. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 7. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 8. A cash dedication in lieu of on-site water quality ponding shall be required for this development. To recommend approval of a rezoning to Preliminary Planned Development for 8 single-family lots with a private street on approximately 2.2 acres located west of Woodgate Lane and south of the Highline Tail in the SE '/4 of Section 29. 1. The property shall receive final subdivision/plat approval prior to building permit issuance. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Landscape Plan Final Building Elevations Plan Final Site Lighting Plan 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City attorney's office prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. /OS Planning Report - RHB Development, Inc. March 26, 2001 Page 9 4. The minimum required front yard setback is 20 feet from the curb on a private cul-de-sac. A 30-foot minimum setback is required from Woodgate Lane, and within the development the applicant is proposing side and rear yard setbacks consistent with R-1 zoning - ten-foot side yard setbacks for the house and five feet for the garage, and 15-foot rear yard setbacks. Decks must also adhere to these minimum setbacks. 5. Each unit shall provide a two-stall garage as a minimum. 6. Building coverage shall not exceed 20% of the lot area for any lot within the development. 7. The developer shall submit the final building elevations and exterior materials and colors with the Final Planned Development. /400/ STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and pending easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 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. /O7 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 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 Approved: August 25, 1987 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2. 1993 LTS#S STANDARD.CON O A/ (xJ FINANCIAL OBLIGATION Woodgate Cove Preliminary Subdivision 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 parcels proposed for subdivision. 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 Storm Sewer Trunk Sanitary Sewer Lateral Water Lateral TOTAL USE RATE S.F. $.09/Sq. Ft. S.F. 23.35/F.F. S.F. 23.60/F.F. QUANTITY AMOUNT 108,900 Sq. Ft. $9,801 272 F.F. 6,351 272 F.F. 6,419 $22,571 /09 Eagan Boundary Street Centerline Location Map ParcelArea Building Footprint -77 05 ` 9 ?? ? ? a• ?•ym, '•t -zj r? r wr i1;117 `J ??;\ Sub"ect Site ?W ? X 40 ? 'A I!?. ` < E t ? V l n 1-V-A T- 2D 4 J D 3 F 00000 0000 i ( - C t *. N © © ,o•" s ,may r? .iH \??%'k \V 1 /1 M I I.I 1000 0 1000 2000 Feet Development/Developer: RHB, Inc. Application: Prelim. PD & Prelim. ivision Case No.: 29-PS-02-02-02 //O Map Prepared using ERSI AroView 3.1, Parcel base map data provided by Dakota County Land Survey Department and is current as of October 2001. F FERENCE SE ONLY N N' E City of Eagan E S C _ A Community Development Department OR RE U i r THIS MAP 15 INTENDED The City of E gan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or omissions. S Current Zoning and Comprehensive Guide Plan RHB, inc. Land Use Map Case No. 29-PS-02-02-02 Zoning Map •I?v :°' Af ?'+e PF Location PF Current Zoning: P R-1 Single-Family Residential " D O eaa 0 eoo 1200 r..1 Comprehensive Guide Plan Land Use Map Current Land Use Designation: LD Low Density Residential .00 0 e0o 1200 r..1 s i ?a AT t' N? A D' III?°III 1 R _'A K Parcel bass map Inf io ?r f by Daketa c..nty Land Survey Department 04101101. N nformatlon malntalned by Gty Staff. City of Eagan 2 E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 7?V? ' B n CSI ? ? I I I I I ? i I ? • . r ? ... ? • e r n. + .. .rr ? • ? ? i III""? U r rJ tea l v?- - IV, Nr- ----- ,? ?-ldt /( ? of EXISTING CONDITIONS ' t?: I L y -- 1 ll _ I, 1?' i1 f , I tl ' n 91 r 1 J/ r ?J Jh i LL Ina -CL PRELIM. GRADING •e O - I CL chi z W A 1t :ryrye 1! III j?j r1 ZI a?$i3'= W W y I rJ o / - c- 1 H N O I= ?v '., try T OI z 1 x / N C) Oll W X W` tp lD I V'n 0 Q 160 __ mNN Xma+ , V)60 .w F- T p W x W i- . 01 I W?'_' ? \? o? ? L ZIDQ . - < EX 12_ R !P SAN Z J'> I• - [ ` yap a Nrne IJ- C UrnDN W X W ' A A ?- /Y > PN ??"~ y6 Ti pvC 5 pp N / V v ° °' rn a- ',cy UNN Wi rjO r J I J. W Q' W I N 01 p IJ? ?!. V V W J mNN C ? .Lu ? _ a+ ? I(') ?? W W '- ? v A I /'Y 1 I rl rt V \ A -? /I V \/ I V V - I V _ V \ 1 V -J V -J WcW 1 / L ?L> / \ or& -5- PRELIM. UTILITY PLAN lz? i.A'1W O t./. L/ .A+ 9AwiWS?A..ApI e s ?i aa gg + 9 mffl? i?6i?i66iaa?i?'•iaaa»ii?? ???? ? ?i? i Sias ? ? ? !?? ?tlt 19'3 ; jp W?3???g??? 8 8 3 3 i g t?•,i?? L llh!!Hll!!!!IIIllhI1llIllJItllIll ~l?wAL?.1)!\I.LLL?Ii)falali}}f.p41.1.1?f?1L?7?k?L??J?:ti'3?''a1.?ILi2?l?•?})<1?1.'?f.wti?'LSSLLL1.i4 yf t 1 : ',?3? a ,' RcC.?lR RR ; + _r_'sias?-----ii-lilll Ji} s??! 1it? +te P a I .- f 4iji, I i 1Iald ?? aii Q uii. U rim t; • 1 ?afslt ?tu.pl:Natir ° A in U I yF ?\ <ZZ \ y> p / e -? s i{ A N l3 N of N / as .? I r 'dYL ql, .Z G PRELIM. TREE PRESERVATION MITIGATION V \ O uZ R F4 TI L M f 1 ? N bl J ? J U Q 12 s?'? mss ?mmh? `4 as t j xs 4 x;t?S ' lfH '?•'! ?s3??? 3o WRSF - f 13 'will ??yl s?.y! !IiIIii ill Ij- ??OO jm ^N? ? .6 ,6 o$ S W coiriII ? A 7 , ?r <3a?W1i X73?7af?7i ; 7 j o' 1 KN r cJ / / \\ 1, 1 /-I ri V L7 •a ? C11L) PRELIM. PLAT/SITE PLAN CV C_ J Q Z --L? M1?YY l/i• ? Zs T m $ 3 f o oo? N -? 0 ?• V o r CD N N N N rn -T -n ,} ?- 0 0 0 - s J J J y r - III O,I w?SM[M CONCEPTUAL ELEVATIONS AND FLOOR PLANS "A" O, J r 5 lz v Z O v 9 S. H 5 - S d Cc S a f O '? V JI a :9 FE E rW LL i aW ?` 9 r i i -d 6-o cJ c!? S T N C?? ? ? ? V+ N rn r d p Q M s ? co M S S 4- 4- f 9?1_ ? W N M r 1Q ^' g Q K = w n ' LL S DC ? ^ " ?? 1 W T W ?I / 1 f CONCEPTUAL ELEVATIONS AND FLOOR PLANS "B" I" ,?/ 411 ..O» SNV'd 2IOO'I1 (NV ,NA313 IVnLd33NO3 f.• hi +? s 0 21 D C, T J C. rS 5 ? 4- g s? Y?vN o- 3 F a o N N T xN 1P 8 3e N "'?? V) N VL ' N X F ' + + - 3 v IS J ?t k3 Au4 0 8g ao G N Q i i 0 CONCEPTUAL ELEVATIONS AND FLOOR PLANS "C" Wi JI ?^}7} +l+ I , I I ~ O C C Co m I 1 I , J Q N P u cl C) X"Q ?a l W C . ip ,C _ W C ? I z th co )<SAN V '/ % vC Shy ' _ _ _ .•:•:..•:;:;:;:;:;;; v v J N N I _ ? TI N Z? W. 0 N (n z= :•: n 0) d N }_?g N N C O1 _ WCW ?V ? •,? W X 1 f. Q O N G ON 10 WCW ^? tC '? N(MO .n o V I V V , ?.. ! V V n \ \ / z, PRELIM. UTILITY PLAN ?? WIC W 952 99? 5301 03/14/02 THU. 08:00 FAX 952 897 5301 MILLIMAN USA MPLS Z001 March 14, 2002 Dear Community Development Department Please do not develop Woodgate Cove, Case # 29-PS-02-02-02. We love the beauty of this land along with the birds and deer that we see. It would be a shame to take the trees down and develop what Is somewhat of a nature area for those of us who live there. Sincerely, Peggy Sorsen Patsy Sorsen Residents of Woodgate Court /c2a ,3. Agenda Information Memo April 16, 2002, City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT (MARK GERGEN) ACTION TO BE CONSIDERED: To direct staff to submit the Comprehensive Guide Plan Amendment for Lot 3, Block 1, Blackhawk Plaza, to the Metropolitan Council for review and comment located at 4150 Blackhawk Road (Interstate 35E and Diffley Road) in the SW 1/4 of Sec. 19. FACTS: • The applicant is proposing to change the Comprehensive Guide Plan designation on the subject site from RC (Retail Commercial) to MD (Medium Density Residential - 4 to 12 units per acre) for the purpose of developing the site and the adjacent 5.1 acre parcel to the west (designated MD) into townhomes. • Medium Density Residential often acts as a buffer between Low Density Residential and higher intensity uses. This land use category provides for the development of attached housing units, including two-family dwellings, townhomes, and condominiums. • The subject site is part of Blackhawk Plaza, a nine lot commercial development. • The site is vacant and does not have direct access to a public street, but does have an access easement through Lots 1 and 2, Block 1, Blackhawk Plaza. • The proposed land use designation appears to be compatible with the townhomes to the north and commercial uses to the west. • On March 26, 2002, the Advisory Planning Commission held a public hearing and unanimously recommended approval of the land use change. ISSUES: • At the public hearing, residents expressed concern regarding drainage and traffic resulting from the development of the property. ATTACHMENTS (2): Draft February 26, 2002, APC meeting minutes, page to V Planning staff report, pageto /LPL AZ3 City of Eagan Advisory Planning Commission Meeting DR AFT March 26, 2002 Page 9 D. COMPREHENSIVE GUIDE PLAN AMENDMENT - MARK GERGEN & ASSOC. A Comprehensive Guide Plan Amendment to amend the land use designation of approximately 3.30 acres from RC-Retail Commercial to MD-Medium Density Residential (4-12 units/acres) for property located between Blackhawk Road and 35E, north of Diffley Road behind Blackhawk Plaza in the SE '/4 of Section 20. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated March 21, 2002. She noted the background and history. Applicant Mark Gergen stated he has met with many of the neighbors and the plan will work around the existing homes. He stated the driveway off to Blackhawk Road would be altered. Chair Huusko opened the public hearing. Tamara Pencil stated she resides in the nearby townhomes. She expressed concerns with the drainage of the area and flooding of her home. She stated she would prefer to develop the property as a wetland to prevent further drainage issues. Kelly and Scott LeClair stated their support with the proposed. Mrs. LeClair stated children are currently starting fires and storing stolen items on the property. Mr. LeClair stated he feels the proposed will cure the drainage issues. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Chair Huusko asked Staff to address the drainage concerns. Mr. Gorder stated Staff is aware of previous flooding of the townhomes; however he feels there is a solution. He stated the proposed property drains to the south and the proposal will not cause further problems. Chair Huusko discussed the letter received expressing concern of an increase in traffic.. Mr. Gorder stated traffic would be disbursed nicely. He stated increasing traffic is not a concern. Member Steininger moved, Member Nosbush seconded a motion to approve the Comprehensive Guide Plan Amendment to amend the land use designation of approximately 3.30 acres from RC-Retail Commercial to MD-Medium Density PS' City of Eagan Advisory Planning Commission Meeting IF I March 26, 2002 [DRA Page 10 Residential (4-12 units/acres) for property located between Blackhawk Road and 35E, north of Diffley Road behind Blackhawk Plaza in the SE 1/4 of Section 20. All voted in favor. ins PLANNING REPORT CITY OF EAGAN REPORT DATE: 03/21/02 APPLICANT: Mark Gergen PROPERTY OWNER: Thomas Roberts and CASE: 20-CG-03-02-02 HEARING DATE: 03/26/02 APPLICATION DATE: 02/21/02 Michael Tobin REQUEST: Comprehensive Guide PREPARED BY: Cynthia R. Kirchoff Plan Amendment LOCATION: 4150 Blackhawk Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: RB, Roadside Business SUMMARY OF REQUEST Mark Gergen is requesting a Comprehensive Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to MD (Medium Density Residential - 4 to 12 dwelling units/acre) on property located at 4150 Blackhawk Road (Lot 3, Block 1, Blackhawk Plaza) in the SE '/4 of Section 20. AUTHORITY FOR REVIEW 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 zc_iing and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. /a26 Planning Report - Mark Gergen March 21, 2002 Page 2 BACKGROUND/HISTORY The property is legally described as Lot 3, Block 1, Blackhawk Plaza, a nine lot commercial development. The subject site is vacant and does not have direct access to a public street, but does have an access easement through Lots 1 and 2, Block 1, Blackhawk Plaza. EXISTING CONDITIONS The property is currently vacant. A depression is present in the extreme southeast portion of the property. Significant trees are located along the west and east property lines. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Townhomes R-4, Residential HD, High Density Apartment South Interstate 35E East Interstate 35E West Single Family Dwelling; A, Agriculture; MD, Medium Diffley Plaza NB, Neighborhood Density; Business RC, Retail Commercial EVALUATION OF REQUEST Proposal - The applicant is proposing to change the land use designation on Lot 3, Block 1, Blackhawk Plaza from RC (Retail Commercial) to MD (Medium Density Residential - 4 to 12 dwelling units/acre) for the purpose of developing this site and the adjacent 5.1 acre parcel into 49 attached townhomes. The parcel to the west is guided MD. The existing single family dwelling is proposed to be incorporated into the development. If the land use amendment is approved, the applicant intends to change the zoning of the property from RB (Roadside Business) to R-3 (Residential - Townhouse). The R-3 zoning is consistent with the Medium Density Residential land use designation. Further, townhomes are a permitted use in the R-3 zoning district. The site plan indicates that a private dead-end roadway exceeding 800 feet in length is proposed. If the applicant intends to proceed with the private cul-de-sac in excess of 800 feet, Variances A 01 ? Planning Report - Mark Gergen March 21, 2002 Page 3 will be required, which may or may not be allowed as part of the development approval process as it is considered a policy matter to be determined by the City Council. Compatibility with Surrounding Area - Medium Density Residential often acts as a buffer between low density residential and higher intensity uses. This land use category provides for the development of attached housing units, including two-family dwellings, townhomes, and condominiums. It is deemed compatible with some commercial given appropriate scale, buffering, and design treatment of the higher intensity uses. The Medium Density Residential land use designation appears to be compatible with the adjacent uses, although the property was originally intended for commercial uses due to its proximity to Interstate Highway 35E. Site Plan - Although the Comprehensive Guide Plan Amendment request is only for Lot 3, Block 1, Blackhawk Plaza, the overall site plan, including the unplatted 5.1*acre parcel to the west, will be briefly reviewed. The proposed 49-unit townhome development would have public access from Blackhawk Road. A private drive is shown to cease at the property line abutting Lot 2, Block 1, Blackhawk Plaza. The private, dead-end street can only be accommodated with a Variance. As previously stated, the applicant proposes to rezone the property to R-3. In the R-3 zoning district, 6,000 square feet of lot area is required for each dwelling unit. This is not a minimum lot size, but a standard that controls the number of units by the total area of the development. Lots are proposed to measure 26 feet in width by 50 feet in depth (1,300 square feet). In general, the townhome unit placement appears to be appropriate, however, the exception parcel, although not associated with this project, should be taken into consideration with the layout of the development. Further, the grouping and/or staggering of the units should provide variation in the development. In conclusion, if a private street with only one access is proposed, the applicant will have to request Variances from the City Code at the time of Preliminary Subdivision. Further, it is recommended that the units be staggered or grouped to provide relief. Landscaping - The Subdivision Ordinance requires the construction of earth berms and walls or installation of vegetation or combination when a plat is located along a freeway. Since the development abuts Interstate Highway 35E, staff recommends that earth berms and vegetation be incorporated into the subdivision plans. Topography - The site is lightly to heavily wooded and generally slopes toward the center and the western edge of the site. /0?- 9 Planning Report - Mark Gergen March 21, 2002 Page 4 Utilities - Water service is available through the center of this property for connection by development of this site. Sanitary sewer is available within Blackhawk Road to the west and from the Diffley Square retail development to the south. Streets/ Access - Public street access is available from Blackhawk Road to the west. Private street access is also available through Lot 1 and 2, Block 1, Blackhawk Plaza (Diffley Square), the retail development to the south. Permits/ Right-of-Way - At time of subdivision, the developer will be responsible for obtaining all regulatory agency permits required by the affected agencies. If the adjacent unplatted parcel were subdivided, right-of-way for Blackhawk Road would have to be dedicated at the time of subdivision. Tree Preservation - The proposed Comprehensive Guide Plan Amendment does not require the submittal of a tree inventory or tree preservation plan. Significant trees are located along the perimeter of the parcel. Development of the site will be subject to compliance with the City's Tree Preservation Ordinance. A tree inventory and preservation and mitigation plan will be required prior to commencement of any grading or construction activity. Parks and Recreation - The property will be subject to cash park and trails dedications at the time of Final Subdivision or issuance of a building permit, at the rates then in effect. Airport Noise Considerations - This site lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY/CONCLUSION The applicant is requesting a Comprehensive Guide Plan Amendment to change the land use designation on Lot 3, Block 1, Blackhawk Plaza from RC (Retail Commercial) to MD (Medium Density Residential - 4 to 12 dwelling units per acre) to allow the property to develop as townhomes in conjunction with the 5.1 acre unplatted parcel to the west. The property is located between Interstate Highway 35E and Blackhawk Road and is adjacent to an existing townhome development and a commercial center. Thus, the land use designation change appears to be compatible with adjacent uses. However, the site plan should provide two accesses to the property for emergency purposes. Further, the townhome layout could be revised to show the units staggered or grouped in an alternative manner in order to provide some relief and variation in the development. The acceptability of a Comprehensive Guide Plan Amendment to allow the site to develop as townhomes is considered a policy matter to be determined by the City Council. 14Q q Planning Report - Mark Gergen March 21, 2002 Page 5 ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to MD (Medium Density Residential - 4 to 12 dwelling units per acre) on property located at 4150 Blackhawk Road (Lot 3, Block 1, Blackhawk Plaza) in the SE '/< of Section 20. /.3O Eagan Boundary Location Map Streat C*nterline Parcel Area Area Building Footprint ?+ n ':- Ire .?? .: . sr.....+ ^ f •u n., . b y !' 1 C' ?' i ? ? L it c 41 j Ei ? ? ?J 'O ew ? ` fffff ?,'?\/\\{\\\?\\y}V?7?/y V ? ? t• .n ? .8 ? . A .,ce b? dJ g' o ® ®? a em d R $ ? se / _ ?< 100,414. d? . " a. Sub ect Site o - NY -aid No 360921--, Q F " • ' ' c' ^ c,;t. 3 . ? ..y to ? .?-% ? ? ?? j ?, • L" ;! 01 • 1000 0 1000 2000 Feet Development/Developer: Mark Gergen and Associates Application: Comprehensive Gu' n Amendment Case No.: 20-CG-03-02-02 410 Map Prepared using ERS1 ArcVisw 3.1. Parcel bane nap data provided by Dakota County Land Survey Depareesnt and is current as of October 2001. N City of Eagan / THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E M i N .v E S C t A The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 Cormnunlty oevrapin.nt Departnsnt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Mark Gergen and Associates Land Use Map Case No. 20-CG-03-02-02 Zoning Map J R R-4 R-4 Current Zoning: RB Roadside Business * RB NB NB PD Neighborhood Business A '7%,41g, ? DIFLEY ROAD) PD GB RB Z Fl goo o ON 1200 Fwt - R-4 Comprehensive Guide Plan J LD Land Use Map MD P EE MD Current Land Use Designation: M y D RC L RC RC Retail Commercial QP D.S.A. . 30 IFLEY ROAD) MD MD J' RC 200 F..t D 0 we 000 2 7 \ 1 \ / PaeN Mw vlldo&y Dakota County L&ndgv y Depadmad 0401ro1. N Zoning Inbimatlon malntakwd by City Staf. City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Depar(ment The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S A gC g ?? r Y o: F nisi{ it? ?y i33 d?• 6 c?I t Z I j all LO ZN X QQ N. pv 1\ ?v:?. ?. ! t S E p y. Y i LA. V ?g t > = C3`La ??l J' ' , / i ill I I T?w v Lo < Q + - ik ' ? it E O M? ' ` ?Ili?l I W O I ? ? ? •-?F. ??,IIIV' ? 6 ?/ ?s W r j I ? ? b ! I ? I 'I Y : \ \ I I b r I Y? \ f nt • - \ \ I I J 1 I Y CZt '[2 '1 'K '7K A rigt ]M1 A A1? li]? ?1 I 33 SITE PLAN NARATIVE We are applying for a Comprehensive Guide Plan Amendment for property legally describe as: PID 10-14388-030-01, located between 35 E and Blackhawk Road just north of Diffley Road, in the City of Eagan, County of Dakota, and State of Minnesota. (See Attachment) The existing Guide Plan designation for the above property is RC (Retail Commercial), we are proposing that the designation be changed to MD (Medium Density). The Existing zoning classification is RB (Roadside Business), we are proposing that the zoning classification be changed to R3. The reason for the requested change is to accommodate a new Town Home project that we are proposing for that area. This is a project we would like to construct during the summer months of 2002, and we would like to complete the project in one phase. The land is currently vacant. Because of its limited accessibility to the property, this is probably why there has been no offers to construct a property using the existing zoning. Our proposal would join this property with another and then access would be moved to Blackhawk Road. The proposed land use would be very consistent and compatible with the surrounding area. It would also have a positive impact on the existing retail shops that are currently located in Diffley Square. Surrounding Land Use and Zoning: East and South East is 35 E exit ramp for Diffley Road, Diffley Road, and Interstate 35 E North and North East is and existing Town Home Neighborhood South and Southwest is existing Single Family homes and our proposed adjoining site, and the Roadside Business and Retail shops. /.91/ APPLICANT'S NARRATIVE 952 746 4061 03/14/02 THU 13:34 FAX 952 746 4061 DATAKEY ELECTRONICS, INC 11001 DATE: March 14, 2002 TO: Cynthia Kirchoff FROM: Susan L. Hansen 4160 Meadowlark Way Eagan, MN 55122 H:651-688-2569 W: 952-746-4066 x323 RE: Mark Gergen & Associates Case #: 20-CG-03-02-02 Lot 3, Block I Blackhawk Plaza 1. In general terms I am opposed to developing this plot of land. Eagan has become overdeveloped. Do we have to cover every little scrap of land with something? 2. In personal terms I am opposed to developing this plot of land if it means removing the tree line. I chose my specific townhouse because of my complete privacy on my balcony in the spring, summer and fall. Even in the winter you can barely see Blackhawk Plaza and Tom Thumb. I have a high privacy wall on one side of my balcony which means I don't see my next door neighbor. The building next to mine is angled such that I can't see them either. If the line of privacy trees is removed, this would ruin my property from a personal use standpoint and definitely devalue my property from a resale perspective. 3. 1 am also concerned about water runoff. I have not had any problems with flooding, but other units, in other overdeveloped parts, of the association, have. I would want assurances that the burro and trees would remain in place and guarantees that the builders would cover any damage to my property that could occur from development. 4. Another concern is traffic. How would this property be accessed? Traffic is already a problem at the turnoff to Blackhawk Plaza and Blackhawk Road. The curve makes it difficult to see oncoming traffic. /3 S RESIDENT LETTEF `w Concepts MANAGEMENT GROUP INC. 491 5 WEST 35TH STREET ST. Louis PARK, MN 55416 PHONE: 952-922-2500 FAx: 952-922-5400 March 28, 2002 Cynthia Kirchoff Project Planner City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Development Name: Mark Gergen & Associates, Case #20-CG-03-02-02 Dear Cynthia, New Concepts Management Group, [tic. is the property man:.geme-:t agent for the 73 townhomes located north of the subject property for the City of Eagan, case #20-CG-03-02- 02. The townhome association is know as Lakewood Townhomes Association. The reason for the letter is to inform the Community Development Department of concerns by Board of Directors regarding the development of this property, case #20-CG-03-02-02. Concerns: 1. The area along Blackhawk Road and Meadowlark has had severe ground water problems in the past two years. We have been informed that the storm sewer capacity is not adequate for the storm water run off, thus causing back up and flooding of lower levels of the homes. How does this development affect this issue on storm sewer issue? 2. Storm water run-off has come from this property during major storms. We have been told from City Engineers that any development at this property would be addressed this issue and not allow the water flows to migrate to Lakewoods' property. 3. The style of improvements condominuns, townhomes, single family or rental styles. We have concerns on locations of parking lots and other improvements that directly abut the property lines. Cynthia, I will be contacting you either in person or via mail on this issue. Please use New Concepts address as the contact for the Association on any information flow. The list of Board Members for Lakewood Townhomes Association: 1. President, Nona Davis 4125 Meadowlark Pt. 2. John Brunette, 4170 Meadowlark Way. 3. Allen Bosch, 4135 Meadowlark Pt. I IL 4. Brain Weise, 4168 Meadowlark Way. 5. Jason Player, 4178 Meadowlark Way. R u . CzonIeroperty Management Agent for Lakewood Townhomes Association. U:1Shared%Paul BSLakewood\Correspondence%CityEaganPlanningCynthia Kirchoff,32702.doc rr II\it r APR 01 2002 /36 Agenda Information Memo April 16, 2002 C. PRECINCT BOUNDARIES AND POLLING LOCATIONS/LEGISLATIVE REDISTRICTING ACTION TO BE CONSIDERED: To approve a resolution establishing new precinct boundaries and polling locations and reestablishing existing precinct boundaries and polling locations. FACTS: • In response to the redistricting that has occurred at the state level, it is necessary to change certain existing precinct boundaries in the City of Eagan. The congressional redistricting did not affect Eagan in that the City is still encompassed within one congressional district. However, Eagan was previously in the 6`h district but is now part of the 2"d congressional district. The state legislative boundaries place Eagan in three legislative districts, 38A, 38B and 39A and two senate districts, 38 and 39. Formerly, the City was in legislative districts 38A and 38B and senate district 38. The new legislative boundaries resulted in a split of City precincts 1 and 10. Therefore, it is necessary to change precinct boundaries to match the legislative boundaries by April 30, 2002. • At the April 9, 2002 Special City Council meeting, the City Council directed staff to modify Precinct Plan No. 2 that was presented, incorporating changes to the northwest and southwest areas of Eagan. Boundary changes will occur in Precincts 1, 2, 4, 5, 6, 7 and 10. Precincts 1 and 10 decrease in population, while the population in Precincts 2 and 4-7 increases. Attached is a Precinct map, which shows the legislative districts, new precinct boundaries, polling locations and population breakdown. • Polling locations for Precincts 2, 6 and 12 were changed as described in the attached Resolution. Given the boundary changes to Precinct 2, it was necessary to change the polling location from Quarry Park Shelter to Oak Hills Church to accommodate the additional population. It was also necessary to change the polling location for precinct 12 from Cedar Ridge Christian Church to Living Word Lutheran Church due to a change in ownership of Cedar Ridge Church. Deerwood Elementary will become the new polling location for precinct 6 since the change in the precinct boundary created the need for a larger polling location. • Precincts 1, 2, 3, 8, 12, 19 and 21 have polling locations outside the precinct boundaries; however, all locations meet the State requirement of being within 3,000 feet of the precinct boundary. ATTACHMENTS: • Precinct map enclosed on page /0 *-% Q • Precinct population breakdown enclosed on page /J • Resolution enclosed on pages 1. through /32' A B C D E F G H e I J K L N 0 3000 Feet zL_j 3 rtoil A" G \ ` t S { _ ! erg` j'? J i Off. .\' eE,\IC f'u?s. BLS+' /u_ el/1oot`??J' =3 44 "L.. ( S1_ a ?? -? 2 C. 5 ?,Y. as i?? A i / t t ti rjx? Iii tk t.d : n 5 IT! I 31 f ham" 1 5 Y EIS e s= fi P 6 31 7 '? r " _ 'r ??i ?\ \'?, t rz a ?r fr t N »?y lS s 7 10 4 ac-' 12 ? :` .,~'rTic ' ;-L=to ?., ?? ??? 1 f--d ..??? ef'•? i?f 21 I ? 9 -- t I;^t t a. It 15 , ii.nS ??'? y-? „ +-^?" .a-•' ;iG,< 13.„'x.,. z7v -.h'-r ?Yl_ 10 11 i ; . .1` ' ?? m Y/ ? '• ???„i ?/ • ?' ? "A .ems„R_? f d,J t 1 20 12 12 B C D F G H I J K L Precinct 1 - Pilot Knob Elementary Precinct 12 - Living Word Lutheran Church City of Eagan, MN Precinct 2 - Oak Hills Church • Precinct 13 - Rahn Elementary School Precinct 3 - Trinity Lutheran Church Precinct 14 - Christ Lutheran Church Proposed Precinct Plan Precinct 4- Cedar Elementary School Precinct 15- Thomas Lake Elementary Proposed Polling Precinct 5 - Mt. Calvary Lutheran Church Precinct 16 - Easter Lutheran Church Locations Precinct 6 - Deerwood Elementary • Precinct 17 - St. Thomas Becket Church Proposed Precinct Boundary Precinct 7 - Fire Administration Bldg. Precinct 16 - Fire Station No. 5 New Legislative Boundary Precinct B - Eagan Municipal Center Precinct 19 - Chapel Hill Baptist Church 10 Proposed Polling Location Precinct 9 - Woodland Elementary School Precinct 20 - Red Pine Elementary School L- Park Precinct 10 - St. John Neumann Church Precinct 21 - Pinewood Elementary School Water Precinct 11 - Northview Elementary School •kidketes a polling location change /38' City of Eagan, MN Precinct Redistricting Population Breakdown - Proposed Final Plan Precinct Total Population Pop. Deviation from 3027 Total Pop.Age 17 Plus 1 1254 -1773 921 2 3423 396 2648 3 2930 -97 2257 4 2426 -601 1968 5 3142 115 2561 6 3864 837 2975 7 4355 1328 3053 8 3082 55 2460 9 4767 1740 3229 10 1746 -1281 1211 11 5181 2154 3206 12 3037 10 2258 13 1860 -1167 1429 14 3535 508 2607 15 2544 -483 1934 16 2837 -190 2017 17 2761 -266 1615 18 2283 -744 1559 19 2368 -659 1601 20 3269 242 2060 21 2893 -134 1817 /s9 CITY OF EAGAN RESOLUTION RESOLUTION ESTABLISHING NEW PRECINCT BOUNDARIES AND POLLING LOCATIONS AND REESTABLISHING EXISTING PRECINCT BOUNDARIES AND POLLING LOCATIONS WHEREAS, Congressional and Legislative Districts have been established by the Minnesota Supreme Court Special Redistricting Panel based on population data obtained from the 2000 U.S. Census; and WHEREAS, municipal governments must redistrict and/or reestablish precincts and establish polling locations in accordance with the Redistricting Plan and Minnesota State Statutes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan that the City shall be divided into 21 precincts as described on the attached 2002 Precinct Map with boundaries of Precincts 3, 8, 9, and 11-21 remaining unchanged and boundaries of Precincts 1, 2, 4-7 and 10 being changed as follows: Precinct 1 Bounded by east side of Highway 13 on the west to the northern municipal boundary on the north to the easterly municipal boundary on the east and to the north side of Lone Oak Road on the south. Located in Sections 1, 2, 3 and the east'/2 of Section 4. Precinct 2 Bounded by the east side of Highway 13 on the west to the south side of Lone Oak Road on the north to the west side of Pilot Knob Road on the east and to the north side of Yankee Doodle Road on the south. Located in Section 9. Precinct 4 Bounded by the western municipal boundary on the west to the northern municipal boundary on the north to the west side of Highway 13 to the southeast boundary of Silver Bell Road to the northwest boundary of Cedarvale Boulevard to the west side of Rahn Road on the east and to the north side of Diffley Road on the south. Located in Sections 5, 8, 18 and 19. Precinct 5 Bounded by the east side of Highway 13 to the northwest side of Silver Bell Road to the southeast side of Cedarvale Boulevard to the east side of Rahn Road on the west to the north side of Turquoise Trail on the south to the west side of Blackhawk Road on the east. Located in the north '/2 of Section 20 and the south '/2 of Section 17. Precinct 6 Bounded by the east side of Rahn Road on the west to the south side of Turquoise Trail on the north to the west side of Blackhawk Road to the south side of Deerwood Drive on the north to the west side of Pilot Knob Road on the east and to the north side of Diffley Road on the south. Primarily located in the south '/2 of Sections 20 and 21. Precinct 7 Bounded by the east side of Highway 13 on the west to the east/south side of Blackhawk Road to the north side of Deerwood Drive to the west side of Pilot Knob Road on the east and to the /'0 south side of Yankee Doodle Road on the north. Primarily located in the southeast 1/4 of Section 17, the north 1/2 of Section 21 and all of Section 16. Precinct 10 Bounded by the east side of Pilot Knob Road on the west to the south side of Wescott Road on the north to the west side of Lexington Avenue on the east and to the north side of Diffley Road on the south. Primarily located in Section 22. BE IT FURTHER RESOLVED that the polling locations for Precincts 1, 3-5, 7-11, 13-21 remain unchanged as follows and Precincts 2, 6 and 12 are changed as follows: EXISTING POLLING LOCATIONS Precinct I Pilot Knob Elementary - 1436 Lone Oak Road Precinct 3 Trinity Lutheran Church - 2950 Highway 55 Precinct 4 Cedar Elementary School - 2140 Diffley Road Precinct 5 Mt. Calvary Lutheran Church - 3930 Rahn Road Precinct 7 Fire Administration Building - 3795 Pilot Knob Road Precinct 8 Eagan Municipal Center - 3830 Pilot Knob Road Precinct 9 Woodland Elementary School - 945 Wescott Road Precinct 10 St. John Neumann Church - 4030 Pilot Knob Road Precinct 11 Northview Elementary School - 965 Diffley Road Precinct 13 Rahn Elementary School - 4424 Sandstone Drive Precinct 14 Christ Lutheran Church - 1930 Diffley Road Precinct 15 Thomas Lake Elementary - 43 50 Thomas Lake Road Precinct 16 Easter Lutheran Church - 4200 Pilot Knob Road Precinct 17 St. Thomas Becket Church - 4455 South Robert Trail Precinct 18 Fire Station No. 5 - 4701 Galaxie Avenue Precinct 19 Chapel Hill Baptist Church - 4888 Pilot Knob Road Precinct 20 Red Pine Elementary School - 530 Red Pine Lane Precinct 21 Pinewood Elementary School - 4300 Dodd Road NEW POLLING LOCATIONS Precinct 2 Oak Hills Church - 1570 Yankee Doodle Road (formerly Quarry Park Shelter) Precinct 6 Deerwood Elementary School - 1480 Deerwood Drive (formerly Living Word Lutheran Church) Precinct 12 Living Word Lutheran Church - 4300 Nicols Road (formerly Cedar Ridge Christian Church) CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk /4', Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Karels, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 16th day of April, 2002. Maria Karels, City Clerk /YOZ LAKES IN ORDER OF SWEEPING PRIORITY A = Fitz Lake, Holz Lake E = O'Leary Lake I= Fish Lake B = Hay Lake, Schwanz Lake F = Burr Oak Lake J = Blackhawk Lake C = Carlson Lake, E. Thomas Lake G = LeMay Lake K = JP-23 p = E. Thomas Lake, Thomas Lake H = McCarthy Lake Prepared. 1126v1 Prepared by., City of Eagan, Street Dept., CM FNe: j:arnlwaterquaRlyWcoctsVakeshed.apr SEA 96 A B C D E F G H l I J K L ,m iii 10 `e y yl I i N 2 2 L o MIX) Fed ALI- 4 L 2 3 ,{'`--t 4 i' / JI t I 9 I 1 Ih yry pl T'?" i. ?rn Il i I 2 ? I r ?_ ?' s 1J 1 „ N TAC'-t _ A? •,F ?? - ?_ 'r4 ? iw- ? t Z\1 aA Z 6 -?? pi?4 s F .a p F B _, - th? W r m 'S '^ ' ? ? c' i" ' A ??'??? ? ? Sa ? {4? Sim ?? ? -.?I? + _•° ?, ?r 7 w 1\?:" 21 8 8 &Y O L _., l.> d \ii1$? `c,: , ? 4 :_i ,/ • ,? ' c-`? ?'?,' ? ?1 ?,`d; -fir 11 14 16 2 121 X t 3 15 +-• $ 3 fr:.. s"?f! l ` 13??lr? ??_ ?r1?? _ 52 17 n _r r { 91 12 12 j A B C D E F G H I J K L Precinct 1 - Pilot Knob Elementary Precinct 12 - Living Word Lutheran Church City of Eagan, MN Precinct 2.Oak Hills Church' Precinct 13 - Rahn Elementary School Proposed Precinct Plan Precinct 3 - Trinity Lutheran Church Precinct 14 - Christ Lutheran Church precinct 4 - Cedar Elementary School Precinct 15 - Thomas Lake Elementary Proposed Polling Precinct 5 - Mt. Calvary Lutheran Church Precinct 16 - Easter Lutheran Church Locations Precinct 6 - Deervood Elementary * Precinct 17 - St. Thomas Becket Church Proposed Precinct Boundary Precinct 7- Fire Administration Bldg. Precinct 18 - Fire Station No. 5 New Legislative Boundary Precinct 8 - Eagan Municipal Center Precinct 19 - Chapel Hill Baptist Church i01 Proposed Polling Location Precinct 9 - Woodland Elementary School Precinct 20 - Red Pine Elementary School Park Precinct 10 - St. John Neumann Church Precinct 21 - PineHOod Elementary School Water Precinct 11 - Northv eW Elementary School , kicbm r a pp besum me /3